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Sadharan Bima Corporation, Sadharan Bima Bhaban, 33, Dilkusha Commercial Area, Dhaka and another Vs. Messrs Ahad Jute Mills Ltd. and others, 2016, 45 CLC (HCD)

....end down the Lower Court’s Record with a copy of this judgment to the concerned Court immediately. Soumendra Sarke J. — I agree. Quazi Reza-Ul Hoque J.—I agree. Ed. ......ute the Honorable Chief Justice may kindly be request to permit to constitute a Full Bench for hearing of the matter, as per Article 1 of Chapter-VII (Reference to Full Bench) as per Supreme Court of Bangladesh (High Court Division) Rules, 1973. Let the matter be placed before the Honorable Chief Ju......Sadharan Bima Corporation, Sadharan Bima Bhaban, 33, Dilkusha Commercial Area, Dhaka and another……………………………Appellants Vs. Messrs Ahad Jute Mills Ltd. and others………………...Re......end down the Lower Court’s Record with a copy of this judgment to the concerned Court immediately. Soumendra Sarke J. — I agree. Quazi Reza-Ul Hoque J.—I agree. Ed. ..

Category: Arbitration Law, Civil Law | Date: 29 Mar, 2016 | Hits: 142

Ahmad Ullah Vs. Md. Younus and Ors, 2016, 45 CLC (HCD)

....e of issuance of the Rule shall stand vacated. Let a copy of the judgment be sent to the court concerned. Ed.  This Case is also Reported in: 68 DLR (HCD) (2015) 228   ......if-uz-Zaman Vs. State, 17 BLC (AD) 167, 170; Majad Hossain Vs. State, 17 BLC (AD) 214; Khondaker Mahtabuddin Ahmed Vs. State, 49 DLR (AD) 131; Monzur Alam Vs. State, 55 DLR (AD) 62; Anwarul Karim Vs. Bangladesh, 67 DLR 355; 17 BLC (AD) 177; 55 DLR (AD) 162; 49 DLR (AD) 132; Amir Hossain Vs. M.A. Mal...... Md. Rezaul Hasan J Kashefa Hussain J Ahmad Ullah………………………………………Appellants Vs. Md. Younus and Others……………………&helli...... to the court concerned. Ed.  This Case is also Reported in: 68 DLR (HCD) (2015) 228   ..

Category: Banking Law | Date: 29 Feb, 2016 | Hits: 23

A.H. Azam Khan Vs. Bangladesh and Ors, 2016, 45 CLC (HCD)

.... judgment upon all the respondents including the Member of Parliament for necessary information. Communicate at once. Ed.  This Case is also Reported in: 68 DLR (HCD) (2016) 194 ......on) Present: Md. Ashfaqul Islam J Zafar Ahmed J A.H. Azam Khan………………………................Appellants Vs. Bangladesh and Ors………………...................Respondent ......urisdiction) Present: Md. Ashfaqul Islam J Zafar Ahmed J A.H. Azam Khan………………………................Appellants Vs. Bangladesh and Ors………………...................Respon...... Communicate at once. Ed.  This Case is also Reported in: 68 DLR (HCD) (2016) 194 ..

Category: Administrative Law, Constitutional Law | Date: 11 Feb, 2016 | Hits: 4

RNR GNG Refuelling and Filling Station Limited Vs. General Manager, Comilla Palli Bidyut Samittee-1 and Others, 2016, 45 CLC (HCD)

....1) or any other Act, any dispute arising between the licensees, or licensees and consumers, shall be referred to the Commission for its settlement: Provided that a contract, executed between the Government or any of its agency and a private company, in respect of energy, immediate before this A......espondents. Writ Petition No.16010 of 2012 Judgment Moyeenul Islam Chowdhury J.— On an application under Article 102 of the Constitution of the People's Republic of Bangladesh filed by the petitioner, a Rule Nisi was issued calling upon the respondents to show caus......) Present: Moyeenul Islam Chowdhury J Md. Iqbal Kabir J RNR GNG Refuelling and Filling Station Limited………………….Petitioner Vs. General Manager, Comilla Palli Bidyut Samittee-1 and Others…………Resp......s Case is also Reported in: 68 DLR (HCD) (2016) 165   ..

Category: Administrative Law, Constitutional Law | Date: 1 Feb, 2016 | Hits: 3

Khulna Printing and Packaging Limited Vs. Government of the People's Republic of Bangladesh, 2016, 45 CLC (HCD)

....Sheikh Hassan Arif J Abu Taher Md. Saifur Rahman J Khulna Printing and Packaging Limited…………………………Petitioner Vs. Government of the People's Republic of Bangladesh and Ors……….Respondent ....... Saifur Rahman J Khulna Printing and Packaging Limited…………………………Petitioner Vs. Government of the People's Republic of Bangladesh and Ors……….Respondent Judgment January 27, 2016 Resul...... Sheikh Hassan Arif J Abu Taher Md. Saifur Rahman J Khulna Printing and Packaging Limited…………………………Petitioner Vs. Government of the People's Republic of Bangladesh and Ors……….Responden......also Reported in: 68 DLR (HCD) (2016) 197   ..

Category: Fiscal/Taxation Law | Date: 27 Jan, 2016 | Hits: 0

Tariqul Islam Vs. Bangladesh and Others, 2016, 45 CLC (HCD)

....f the Rule, in brief, are: The petitioner is a citizen of Bangladesh and he was the Minister and also the member of the parliament. The petitioner was given a passport being No. A-0158834 by the Government and he used that passport and travelled different countries of the world on many occasion......-al-Jalil J Tariqul Islam……………………………………………….Petitioner Vs. Bangladesh and Others………………………&hellip...... Razik-al-Jalil J Tariqul Islam……………………………………………….Petitioner Vs. Bangladesh and Others……………………&helli......67 (SC) 1836; Schmidt Vs. Secretary of State, (1969) 2 ChD 149; King Henry Vs. England, 1414 Act of Parliament. Lawyers Involved: Nitai Roy Chowdhury, Advocate—For the Petitioner Md.Mokleshur Rahman, D.A.G. —For the Respondents Writ Petition No.12750 of 2015 Jud..

Category: Administrative Law | Date: 14 Jan, 2016 | Hits: 1

Yeamin Nobi (Md.) and others Vs. Moklesur Rahman and others, 2015, 44 CLC (HCD)

....8 of Kushtia Pourashava paying separate Tax and opposite party No. 1, Rezaun Nobi was also living in divid­ed land under separate holding No. 8/1 of Kushtia Pourashava, paying separate Tax to the Government. The petitioner, Yamin Nobi also sold some land from his share of the disputed plot to ot......sed without any order as to cost. Let a copy of this judgment along with the lower Court's record be sent down at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 281 ......7 DLR (HCD) (2015) 281 ......Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 281 ..

Category: Civil Law, Procedural Law | Date: 11 Dec, 2015 | Hits: 36

Ali Ahsan Muhammad Mujahid Vs. The Government of Bangladesh, 2015, 44 CLC (HCD)

....tana J Syed Mahmud Hossain J Hasan Foez Siddique J Ali Ahsan Muhammad Mujahid…………………………Appellant Vs. The Government of Bangladesh represented by the Chief Prosecutor, International Crimes Tribunal, Dhaka, ......ed Mahmud Hossain J Hasan Foez Siddique J Ali Ahsan Muhammad Mujahid…………………………Appellant Vs. The Government of Bangladesh represented by the Chief Prosecutor, International Crimes Tribunal, Dhaka, Bangladesh&hel......azmun Ara Sultana J Syed Mahmud Hossain J Hasan Foez Siddique J Ali Ahsan Muhammad Mujahid…………………………Appellant Vs. The Government of Bangladesh represented by the Chief Prosecutor, International Crimes Trib......p;………….(16-24) Case Referred: Abdul Kader Molla Vs. Chief Prosecutor, International Crimes Tribunal, 66 DLR (AD) 289; Prosecutor Vs. Blagojevic and Jokic (ICTY);Md. Kamaruzzaman Vs. Chief Prosecutor International Crime Tribunal, Dhaka; AIR 1974 (SC) 799; AIR 19..

Category: International Crimes Tribunal Law | Date: 18 Nov, 2015 | Hits: 111

Nurun Nabir Sarker Vs. Secretary, Ministry of Education and Others, 2015, 44 CLC (HCD)

....te. Case Referred to- Bangladesh Live Stock Research Institute Vs. Dr. Md. Jahangir Alam Khan, 2012 (XX) BLT (AD) 239; Zulfiker Mahmud Vs.National University, 60 DLR 40; Md. Jashimuddin Vs. Government of the PRBi, Writ Petition No. 1897 of 2014. Lawyers Involved: Humayun Kabir, A...... Vs. Secretary, Ministry of Education and Others………..Respondent Judgment November 10, 2015 Result: The Rule is made absolute. Case Referred to- Bangladesh Live Stock Research Institute Vs. Dr. Md. Jahangir Alam Khan, 2012 (XX) BLT (AD) 239; Zul......udhury J Nurun Nabir Sarker…………………………………………………Petitioner Vs. Secretary, Ministry of Education and Others………..Respondent Judgme......r. Ed.  This Case is also Reported in: 68 DLR (HCD) (2016) 125     ..

Category: Administrative Law, Employment/Service Law | Date: 10 Nov, 2015 | Hits: 0

City Vegetable Oil Mills Ltd Vs. Commissioner, Customs, Excise & Vat and Others, 2015, 44 CLC (HCD)

....Haque and Hasan Rajib Prodhan, Advocates—For the Petitioner in both Writ Petitions.   Israt Jahan, DAG and Shuchira Hossain, AAG and Nurun Nahar, AAG—For the Government in both Writ Petitions. Writ Petition Nos. 3203 and 3205 of 2004 Judgment ......hout any prejudice to the petitioners to take recourse to relevant provisions of law. Communicate this. Ed.  This Case is also Reported in: 68 DLR (HCD) (2016) 114   ......sp;J JN Deb Choudhury J City Vegetable Oil Mills Ltd………………………………………..Petitioner Vs. Commissioner, Customs, Excise & Vat and Others………..Respondent ......lauses-'Ka' to 'Ta' of sub-section (1) of section 9 were totally absent. Hence, the impugned directions and/or actions were without jurisdiction. Lawyers Involved: Md. Mizanul Haque and Hasan Rajib Prodhan, Advocates—For the Petitioner in both Writ..

Category: Fiscal/Taxation Law | Date: 30 Aug, 2015 | Hits: 5

Turfatur Ain Chowdhury Vs. Artha Rin Adalat Dhaka and Others, 2015, 44 CLC (HCD)

..... Office is directed to send a copy of this judgment to Artha Rin Adalat No.1, Dhaka (respondent No. 1) at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 81   ......ip;…………Respondent Judgment August 25, 2015 Result: The Rule is discharged. Code of Procedure, 1908; Order I, rule 10(2) Constitution of Bangladesh, 1972; Article 102 Rule 10(2) The Court may at any stage of the proceedings, either ...... Emdadul Huq J Khurshid Alam Sarkar J Turfatur Ain Chowdhury…………………………………Petitioner Vs. Artha Rin Adalat Dhaka and Others………………Respondent......hajan 2 DLR 385; Probodh Chandra Vs. Jatindra Mohan, AIR 1940 Calcutta 177 Lawyers Involved: Qumrul Haque Siddique with Maqsudun Nabi, Advocates—For the Petitioner Md. Mamunur Rashid, Advocate—For Respondent No.3 Amit Das Gupta— For Respondent No..

Category: Constitutional Law, Procedural Law | Date: 25 Aug, 2015 | Hits: 4

Tufail K. Haider Vs. Extra Assistant Commissioner of Taxes and Others, 2015, 44 CLC (HCD)

....sed without lawful authority and are of no legal effect. Accordingly, and the same are struck down. Communicate this. Ed.  This Case is also Reported in: 68 DLR (HCD) (2016) 105 ......uld not be declared to be without lawful authority and are of no legal effect. Background facts: 2. Short facts, relevant for the disposal of the Rule, are that the petitioner, a citizen of Bangladesh holding TIN No. 617098180429 and an assessee under Circle-85 of Taxes Zone-4, Dhaka, subm...... Present: Sheikh Hassan Arif  JN Deb Choudhury J Tufail K. Haider…………………………...................Appellants Vs. Extra Assistant Commissioner of Taxes, and Others……………Re......sed without lawful authority and are of no legal effect. Accordingly, and the same are struck down. Communicate this. Ed.  This Case is also Reported in: 68 DLR (HCD) (2016) 105 ..

Category: Fiscal/Taxation Law | Date: 24 Aug, 2015 | Hits: 2

Major General Abdus Salam (Retd) Vs. Bangladesh Election Commission and another, 2015, 44 CLC (AD)

....ispose of the same in accordance with law expeditiously keeping in view the observations made here­inbefore in this judgment. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 289 ...... Present: Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Md. Imman Ali J Hasan Foez Siddique J Major General Abdus Salam (Retd)........Petitioner (In both cases) Vs. Bangladesh Election Commission and another…………...Respondents (In both ca......vil) Present: Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Md. Imman Ali J Hasan Foez Siddique J Major General Abdus Salam (Retd)........Petitioner (In both cases) Vs. Bangladesh Election Commission and another…………...Respondents (I......e observations made here­inbefore in this judgment. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 289 ..

Category: Civil Law, Election Law | Date: 13 Aug, 2015 | Hits: 30

The State Vs. Mr. Swadesh Roy and another, 2015, 44 CLC (AD)

....sand) each to be contributed to two charitable organizations within one week from date, failing which, they shall suffer seven days simple imprisonment. Ed. This Case is also Reported in: ......rrogate to itself the role of official liquidator of the Constitution. Our Constitution is a controlled Constitution par excellence.All institutions, including the Parliament and the Supreme Court of Bangladesh are merely creatures of the Constitution and none of them is its master. The Constitution......n J Muhammad Imman Ali J Hasan Foez Siddique J The State…………………………………….Petitioner Vs. Mr. Swadesh Roy, (author of the article under the caption in “সাকার পরà......, they shall suffer seven days simple imprisonment. Ed. This Case is also Reported in: ..

Category: Constitutional Law, Contempt of Court Law | Date: 13 Aug, 2015 | Hits: 97

Salauddin Qader Chowdhury Vs. Chief Prosecutor, International Crimes Tribunal, Dhaka, Bangladesh, 2015, 44 CLC (AD)

....some documents and alamats, exts. 31 series, 32 series and 33 series; Mollah Abdul Hye, another police officer, to prove ext. 35 series; Md Kawsar Shaikh (P.W.40) book-sorter of Chittagong Divisional Government Library to prove exts. 36 series, 37 series, 38 series, 39 series and Md Nurul Islam (P.W......Sultana J Syed Mahmud Hossain J Hasan Foez Siddique J Salauddin Qader Chowdhury.........................Appellant Vs. Chief Prosecutor, International Crimes Tribunal, Dhaka, Bangladesh........Respondent Judgment July 29, 2015. Result: The conviction and ......nal) Present: Surendra Kumar Sinha CJ Nazmun Ara Sultana J Syed Mahmud Hossain J Hasan Foez Siddique J Salauddin Qader Chowdhury.........................Appellant Vs. Chief Prosecutor, International Crimes Tribunal, Dhaka, Bangladesh........Respondent J...... support of charge No. 17 it has examined Nizam Uddin Ahmed (P.W. 15), Syed Ohidul Junu (P.W. 19) and Dr. AKM Shafiullah (P.W. 27). In support of charge No. 18 it has relied upon Anisuzzaman (P.W.1), Md. Salehuddin (P.W. 8), Abu Taher Chowdhury (P.W. 25), Md SoLalman (P.W. 26), Md Ezab Uddin Mia (P...

Category: International Crimes Tribunal Law | Date: 29 Jul, 2015 | Hits: 38

Shamsun Nahar Begum Shelly Vs. Bangladesh and Others, 2015, 44 CLC (HCD)

....ession shall not of itself suffice to treat the property as abandoned…….. (15) Service Notice is a Requirement — Non-service of notice as required by law disentitled the Government-Respondent to claim that the property was legally declared abandoned and enlisted in the ......iginal Jurisdiction) Present: Zubayer Rahman Chowdhury J Mahmudul Hoque J Shamsun Nahar Begum Shelly………………. Appellants Vs. Bangladesh and Others………………………&hellip......pecial Original Jurisdiction) Present: Zubayer Rahman Chowdhury J Mahmudul Hoque J Shamsun Nahar Begum Shelly………………. Appellants Vs. Bangladesh and Others……………………&helli......………….(20) Case Referred to- Jebon Nahar Vs. Bangladesh reported in 49 DLR 108, Bangladesh Vs. Chand Sultana reported in 1 MLR 310: 51 DLR (AD) 24; Bangladesh Vs. Md. Jalil, 48 DLR (AD) 10; Secretary Ministry of Works Vs. Rowshan Ara Begum, 57 DLR (AD) 167; Bangl..

Category: Abandoned Properties Law | Date: 8 Jul, 2015 | Hits: 5

Esrarul Huq Chowdhury Vs. Government of the People's Republic of Bangladesh and Others, 2015, 44 CLC (HCD)

....Jurisdiction) Present: Md. Rezaul Hasan J Farid Ahmed J Esrarul Huq Chowdhury……………………….Appellants Vs. Government of the People's Republic of Bangladesh and Others………..Respondent...... Hasan J Farid Ahmed J Esrarul Huq Chowdhury……………………….Appellants Vs. Government of the People's Republic of Bangladesh and Others………..Respondent Judgment June 28, 2015 Resu......Original Jurisdiction) Present: Md. Rezaul Hasan J Farid Ahmed J Esrarul Huq Chowdhury……………………….Appellants Vs. Government of the People's Republic of Bangladesh and Others………..R...... order as to cost. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 173.   ..

Category: Constitutional Law, Property Law | Date: 28 Jun, 2015 | Hits: 1

Sarwar Alam Chowdhury Vs. Government of the People’s Republic of Bangladesh & others, 2015, 44 CLC (HCD)

....al Jurisdiction) Present: Zinat Ara J J.N. Deb Choudhury J Sarwar Alam Chowdhury being dead his legal heirs: 1(ka) Fazilatun Nessa Mimi and others. ......Petitioners Vs. Government of the People’s Republic of Bangladesh represented by the Secretary, Ministry of Ho...... J J.N. Deb Choudhury J Sarwar Alam Chowdhury being dead his legal heirs: 1(ka) Fazilatun Nessa Mimi and others. ......Petitioners Vs. Government of the People’s Republic of Bangladesh represented by the Secretary, Ministry of Housing and Public Works & others.......Res......al Original Jurisdiction) Present: Zinat Ara J J.N. Deb Choudhury J Sarwar Alam Chowdhury being dead his legal heirs: 1(ka) Fazilatun Nessa Mimi and others. ......Petitioners Vs. Government of the People’s Republic of Bangladesh represented by the Secretary, Minis...... (AD) 55; Iqbal Ahmed Quraishi Vs. Bangladesh represented by the Secretary, Ministry of Works, Government of the People’s Republic of Bangladesh, Dhaka, 45 DLR 416; Government of Bangladesh Vs. Md. Jalil and others, 48 DLR (AD)10; Hazerullah and another Vs. Chairman, 1st Court of settlement an..

Category: Abandoned Properties Law | Date: 27 May, 2015 | Hits: 35

Anwarul Islam (Md.) Vs. Bangladesh, represented by the Secretary, Ministry of Education and Others. 2015, 44 CLC (HCD)

....cept the apology made on behalf of the then Dhaka Board, Chairman and exempt her from imposing any fine. Ed.   This Case is also Reported in: 15 BLC (HCD) (2010) 349   ......Division (Special Original Jurisdiction) Present: Md. Rezaul Hasan J Farid Ahmed J Anwarul Islam (Md.)……….......................Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Education and others...................Re......gh Court Division (Special Original Jurisdiction) Present: Md. Rezaul Hasan J Farid Ahmed J Anwarul Islam (Md.)……….......................Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Education and others..................y fine. Ed.   This Case is also Reported in: 15 BLC (HCD) (2010) 349   ..

Category: Administrative Law | Date: 26 May, 2015 | Hits: 1

Abdul Monayem Lili Vs. Judge, Artha Rin Adalat & others, 2015, 44 CLC (HCD)

....rder of stay granted earlier by this Court is hereby recalled and vacat­ed. Communicate this order at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 358   ......n Nesa, AAGs. Assistant Attorney Generals—For Respondents. Writ Petition No. 10060 of 2012. Judgment Md. Ashfaqul Islam J.— At the instance of the petitioner, Finix Sweater Bangladesh Ltd. this Rule was issued in the following terms:- "Let a Rule Nisi be issued c......iction) Present: Md. Ashfaqul Islam J Kashefa Hussain J Abdul Monayem Lili…………………………….Petitioner Vs. Judge, Artha Rin Adalat & others..............Respondents Judgment May 25, 20......this order at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 358   ..

Category: Banking Law | Date: 25 May, 2015 | Hits: 0