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....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.
......ellate Jurisdiction)
Present:
Soumendra Sarker J
Quazi Reza-Ul Hoque J
N. Deb Choudhury J
Sadharan Bima Corporation, Sadharan Bima Bhaban, 33, Dilkusha Commercial Area, Dhaka and another……………………………A......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.
......ion is 3(three) years” and time from which periods bearings to run is- “The date of the occurrence causing the loss”, which to us seems to contradicts the aforesaid judgment, so for adjudication of this present dispute the Honorable Chief Justice may kindly be request to permit to ..
Category: Arbitration Law, Civil Law | Date: 29 Mar, 2016 | Hits: 142
Ahmad Ullah Vs. Md. Younus and Ors, 2016, 45 CLC (HCD)
....the time of hearing the Rule issued under section 561A of the Code of Criminal Procedure, by the usurping function of a trial court. ……..(10) A cheque, which is otherwise complete except the date, will be treated as an inchoate document handed over to the payee with impl......n J Kashefa Hussain J Ahmad Ullah………………………………………Appellants Vs. Md. Younus and Others…………………………Respondent......nding in the Court of learned Additional Metropolitan Sessions Judge, 5th Court, Chittagong should not be quashed and/or such other or further order or orders passed as to this court may seem fit and proper. 2. The facts relevant for disposal of the instant Rule, in brief, are that one Md. Youn......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 ..Category: Banking Law | Date: 29 Feb, 2016 | Hits: 23
A.H. Azam Khan Vs. Bangladesh and Ors, 2016, 45 CLC (HCD)
...., 1961 giving approval of the Ad-hoc Committee of the College in question for a period of 6 (six) months till 30-6-2015 (Annexure-A). Accordingly, Ad-hoc Committee was formed with an object mainly to complete the election of the regular Governing Body of the College. After taking the charge the Ad-h......esent: Md. Ashfaqul Islam J Zafar Ahmed J A.H. Azam Khan………………………................Appellants Vs. Bangladesh and Ors………………...................Respondent Judgment ...... 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 ......s—For the Petitioner Binod Kumar Agrwal, Advocate—For added Respondent No.6. Writ Petition No. 5526 of 2015 Judgment Md. Ashfaqul Islam J. — This Rule under adjudication was issued on 27-5-2015 in the following terms. "Let a Rule Nisi be issued ca..Category: Administrative Law, Constitutional Law | Date: 11 Feb, 2016 | Hits: 4
....2014 for resolution of the dispute between the petitioner-company and the respondent No.1 through arbitration.
Ed.
This Case is also Reported in: 68 DLR (HCD) (2016) 165
......2016) 165
......re-'C' to the writ petition) should not be declared to be without lawful authority and of no legal effect and/or such other or further order or orders passed as to this Court may seem fit and proper.
2. The case of the petitioner, in short, is as follows:
The petitioner is a ...... before this Act comes into force, the conditions of the said contract shall be applicable for the settlement of the disputes.
(2) Commission as an arbitrator may, suo motu, take steps and award adjudication of a dispute or appoint arbitrator for settlement of dispute.
(3) Methods and proc..
Category: Administrative Law, Constitutional Law | Date: 1 Feb, 2016 | Hits: 3
....passed in the said CPLA No.1778 of 2015, are quoted below:-
"We have perused the report and heard the learned Counsel of both the parties. It is reported that the Board of Revenue could not complete the inquiry for non-cooperation of the respondent-Khulna Printing and Packaging Ltd. We dir......
......ted subsequent to the said ad-interim order passed by the High Court Division. The Appellate Division then, by a further order dated 20-8-2015, directed the NBR for submission of further report after proper inquiry. Pursuant to that order of the Appellate Division, a sub-committee was formed by the ......any duties or taxes under the Customs Act, 1969. The only demand on the petitioner for realization of certain amount of money was done before 30-4-2015, on which day the Commissioner of Customs, vide adjudication order No. 2 of 2015 dated 30-4-2015, imposed a certain amount of penalty upon the petit..
Category: Fiscal/Taxation Law | Date: 27 Jan, 2016 | Hits: 0
Tariqul Islam Vs. Bangladesh and Others, 2016, 45 CLC (HCD)
....seven) days from the date of receipt of a copy of this judgment. There is, however, no order as to costs. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 150 ...... Tariqul Islam……………………………………………….Petitioner Vs. Bangladesh and Others……………………………&h......s to why the respondents shall not be directed to deliver a new Machine Readable Passport (MRP) to the petitioner and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. The facts leading to the issuance of the Rule, in brief, are: The petitioner is......seven) days from the date of receipt of a copy of this judgment. There is, however, no order as to costs. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 150 ..Category: Administrative Law | Date: 14 Jan, 2016 | Hits: 1
State Vs. Md. Golam Rabbani, 2016, 45 CLC (HCD)
....this judgment and order to the learned trial court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 167 ...... Evidence Act has attribute the liability of proving the facts on the accused when the same is especially within his knowledge. In this case; we have noticed that the condemned-prisoner Golam Rabbani and his wife the deceased Shirina Khatun while living in their residence the wife Shirina Khatun bec......at the date of occurrence of the present case was 28-11-2006 while the FIR was lodged by the informant on 18-1-2008. The learned Advocate further submits that the unusual delay of lodging the FIR not properly explained which has cast a reasonable doubt in believing the prosecution case. The brother ......this judgment and order to the learned trial court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 167 ..Category: Evidence Law | Date: 6 Dec, 2015 | Hits: 6
Ali Ahsan Muhammad Mujahid Vs. The Government of Bangladesh, 2015, 44 CLC (HCD)
....has been affirmed by the Appellate judgment. We do not find any illegality in our Appellate judgment. Hence, the review petition is dismissed. Ed. This case is also Reported in: ......on 3(2) International Crimes Tribunal-2 (ICT-2) [Tribunal constituted under section 6 (1) of the International Crimes Tribunal Act, 1973(XIX of 1973] [Charges: crimes against Humanity and aiding & complicity to commit such crimes as specified in section 3(2) (a) (g) (h) of the Ac......ner’s leadership his Badr Bahini committed is a revolt against the humanity. As leader of Badr Bahini the petitioner cannot escape from the liability. It is the duty of the court to impose proper punishment depending upon the criminality and proportionate to the gravity of the offence&hel......has been affirmed by the Appellate judgment. We do not find any illegality in our Appellate judgment. Hence, the review petition is dismissed. Ed. This case is also Reported in: ..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)
....gh Court Division, within 30 (thirty) working days of receiving copies of this judgment and order. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 125 ......ellip;……………………………………………Petitioner Vs. Secretary, Ministry of Education and Others………..Respondent Judgment November 10, 2015 Result: ......ি ও ম্যানেজিং কমিটি)প্রবিধানমালা, ২০০৯,” and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. Fact relevant for the disposal of this Rule, in brief, are that the petitioner appli......gh Court Division, within 30 (thirty) working days of receiving copies of this judgment and order. 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)
....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 ......Oil Mills Ltd………………………………………..Petitioner Vs. Commissioner, Customs, Excise & Vat and Others………..Respondent Judgment August 30, 2015 Result: ......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 ......nbsp;56. In exercising such power under section 56, the concerned officer must proceed after exhausting the demand procedure as envisaged under section 55 of the VAT Act followed by an adjudication order. he VAT officer admittedly acted under section 9(2) and not under ..Category: Fiscal/Taxation Law | Date: 30 Aug, 2015 | Hits: 5
Turfatur Ain Chowdhury Vs. Artha Rin Adalat Dhaka and Others, 2015, 44 CLC (HCD)
....out, and that the name of any person who ought to have been joined, whether as plaintiff or defendant, or whose presence before the Court may be necessary in order to enable the Court effectually and completely adjudicate upon and settle all the questions involved in the suit, be added. The Cou......urshid Alam Sarkar J Turfatur Ain Chowdhury…………………………………Petitioner Vs. Artha Rin Adalat Dhaka and Others………………Respondent Judgment August 25, 2......0(2) The Court may at any stage of the proceedings, either upon or without any application of either party, and on such terms as may appear to the Court to be just, order that the name of any party improperly joined, whether as plaintiff or defendant, be struck out, and that the name of any person w......t is empowered to add the name of anyone in the plaint or remove anyone's name form the plaint at any stage either on its own motion or upon application of either party for effective and complete adjudication of all questions involved in the case………….(21 & 22) ..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)
....iversal Self-Assessment Scheme as envisaged in section 82BB of the Income Tax Ordinance, 1984 ("the said Ordinance"). The said return of the petitioner was accepted as correct and complete and taxes fully paid. Accordingly, a receipt to that effect was given to the petitioner by ......Deb Choudhury J Tufail K. Haider…………………………...................Appellants Vs. Extra Assistant Commissioner of Taxes, and Others……………Respondent Judgment August 24, 2015 ......int, namely the issue of 'signing money'. It has now become prevailing practice in the real estate business in Bangladesh that an owner, while entering into a Joint Venture Agreement with the properly developer for development of his land into an apartment project, receives a certain amount ......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 ......b 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 cases) Judgment August ......ulter, he is surely a person who was proposed as a candidate for election as a member of the Parliament of the constituency in question. But the High Court Division failed to comprehend the proper meaning of "candidate" given in section 2(ii) of the RPO vis-a-vis article 49(......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 ..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: ......nder the caption in “সাকার পরিবারের ততপরতা। পালাবার পথ কমে গেছে।” the issue of “The Daily Janakantha” and another………....Contemnors/Respondents Judgment August 10 and 13, 2...... in the print, electronic and social media regarding the power of this Court to punish for contempt of Court any citizen of the country, being the highest Court of the country, this Division feels it proper to give some guidelines which will be reflected in our detailed judgment. It is to be borne i......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: ..Category: Constitutional Law, Contempt of Court Law | Date: 13 Aug, 2015 | Hits: 97
....uring his stay in Karachi and Lahore.
86. Muneeb Arjamand Khan in his affidavit stated that after spending three weeks in Karachi in late March, 1971, Salauddin Qader Chowdhury went to Lahore to complete his graduation course at Punjab University; that he along with his other friends went to th..............................Appellant
Vs.
Chief Prosecutor, International Crimes Tribunal, Dhaka, Bangladesh........Respondent
Judgment
July 29, 2015.
Result:
The conviction and sentences in respect of charge Nos. 2, 3, 4, 5, 6, 8, 17 and 18 are hereby maintained.
...... dead body. He denied the defence suggestion that he was deposing falsely at the instance of enemies and that the enemies of Nutan Chandra Singha brought army for killing with a view to grab the property of Kundeshwari. This suggestion also proved that Nutan Chandra Singha was killed by the arm......onviction and sentences in respect of charge Nos. 2, 3, 4, 5, 6, 8, 17 and 18 are hereby maintained.
Ed.
This Case is also Reported in: 67 DLR (AD) (2015) 295
..
Category: International Crimes Tribunal Law | Date: 29 Jul, 2015 | Hits: 38
Shamsun Nahar Begum Shelly Vs. Bangladesh and Others, 2015, 44 CLC (HCD)
....e of this Rule is stand vacated. Communicate a copy of this Judgment and Order to the Court of Settlement concerned at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 30 ......sdiction) Present: Zubayer Rahman Chowdhury J Mahmudul Hoque J Shamsun Nahar Begum Shelly………………. Appellants Vs. Bangladesh and Others……………………………&h......ildings (Supplementary Provision) Ordinance (LIV of 1985) Sections 2(b), 5(1) (b), 9 & 10 Abandoned Property The act of abandonment implies two fundamental factors: (i) Desertion of the property; and (ii) Giving up one's right to the property…………&he......e of this Rule is stand vacated. Communicate a copy of this Judgment and Order to the Court of Settlement concerned at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 30 ..Category: Abandoned Properties Law | Date: 8 Jul, 2015 | Hits: 5
....n that he should refrain from doing any illegal activities by abusing his official power.
No order as to cost.
Ed.
This Case is also Reported in: 68 DLR (HCD) (2016) 173.
......;J
Farid Ahmed J
Esrarul Huq Chowdhury……………………….Appellants
Vs.
Government of the People's Republic of Bangladesh and Others………..Respondent
Judgment
June 28, 2015
Result:
Th......nd E3 respectively) should not be declared to have been made without any lawful authority and is of no legal effect and/or pass such other or further order or orders as to this Court may seem fit and proper.
2. It has been stated in the writ petition, amongst other, that the petitioner is a law......n that he should refrain from doing any illegal activities by abusing his official power.
No 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
Immam Hossain Sawdagor and others Vs. Abul Hashem and others, 2015, 44 CLC (AD)
....osed of by the Bench presided over by Nozrul Islam Chowdhury, J. within 2(two) months from the date of receipt of this judgment. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 266. ......R (AD) (2015) 266. ......e appeal and sent the suit on remand to the trial Court for fresh hearing on the erroneous view of the facts and the law as pointed out hereinbefore and we have heard both the parties, we consider it proper to send the appeal back to the High Court Division for hearing the same afresh and dispose of......osed of by the Bench presided over by Nozrul Islam Chowdhury, J. within 2(two) months from the date of receipt of this judgment. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 266. ..Category: Civil Law, Procedural Law | Date: 15 Jun, 2015 | Hits: 12
....s to costs.
Send down the record of the Court of Settlement.
Communicate the judgment to respondent No. 1 at once.
Zinat Ara J.- I agree.
Ed.
This case is also Reported in:
......
High Court Division
(Special 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 ......h represented by the Secretary, Ministry of Housing and Public Works & others.......Respondents
Judgment
May 27, 2015
Result:
The Rule is discharged.
Bangladesh Abandoned property (Control, managemnt and Disposal) Order, 1972 (PO No.16 of 1972); Article 2(1)
Abandon......s to costs.
Send down the record of the Court of Settlement.
Communicate the judgment to respondent No. 1 at once.
Zinat Ara J.- I agree.
Ed.
This case is also Reported in:
..
Category: Abandoned Properties Law | Date: 27 May, 2015 | Hits: 35
....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
......
Md. Rezaul Hasan J
Farid Ahmed J
Anwarul Islam (Md.)……….......................Petitioner
Vs.
Bangladesh, represented by the Secretary, Ministry of Education and
others...................Respondents
Judgment
May 26, 2015.
Result:
The......ure of respondent No. 3 should not be declared to have been made without lawful authority and is of no legal effect and/or pass such other or further order or orders as to this Court may seem fit and proper.
2. The main contentions of the petitioner, amongst other, are that the petitioner is a ......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
..
Category: Administrative Law | Date: 26 May, 2015 | Hits: 1
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