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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.
......ip;……...Respondents
Judgment
March 29, 2016.
Result:
The Petition is dismissed.
Every fact which would be necessary for the plaintiff to prove, if traversed, in order to support his right to the judgment of the Court. Negatively put, it would mean that everythi......thers………………...Respondents
Judgment
March 29, 2016.
Result:
The Petition is dismissed.
Every fact which would be necessary for the plaintiff to prove, if traversed, in order to support his right to the judgment of the Court. Negativel......
Judgment
J. N. Deb Choudhur J. — This First Appeal has been filed against judgment and decree dated 19.10.2003 passed by the learned Joint District Judge, Arbitration Court, Dhaka in Money Suit No. 55 of 1990.
2. This First Appeal was taken up for hearing by a Division Bench of ..
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 ...... of 2010, arising out of CR Case No. 1162 of 2009, now pending 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 disp...... This Case is also Reported in: 68 DLR (HCD) (2015) 228 ......d or on mere technicality then a lot of payee or beneficiary of the cheques and the financial institutions and the Bank will be at the verge of ruination and the resultant havoc in the transactions, done in ordinary course since long, based on cheques are bound to erode the prevailing practices.&nbs..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 ......lege, Gabtoli, Bogra shall not be declared to have been passed without lawful authority and is of no legal effect." 2. Be it mentioned that at the time of issuance of the Rule an ad-interim order was passed staying the order impugned against. 3. The averments figured in leading to the......Parliament for necessary information. Communicate at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 194 ..........Respondent Judgment February 11, 2016 Result: The Rule is made absolute. Lawyers Involved: A.M. Amin Uddin with Md. Minhaduzzaman, Advocates—For the Petitioner Binod Kumar Agrwal, Advocate—For added Respondent No.6. Writ Petition No. 5526 ..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
......is office Memo No. Comilla PBS-1/400.13/2012/7927 (Annexure-'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 petit......ompany and the respondent No.1 through arbitration.
Ed.
This Case is also Reported in: 68 DLR (HCD) (2016) 165
......risdiction)
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………&h..
Category: Administrative Law, Constitutional Law | Date: 1 Feb, 2016 | Hits: 3
....6615010629
12-7-2015
C 1159394
7-11-2015
Ed.
This Case is also Reported in: 68 DLR (HCD) (2016) 197
...... even though there was no such specific requirement in the said provision…………(12)
Determination of Liability—
Though the Commissioner has power to issue an order for stoppage of export/import of a defaulter under section 202 of the Customs Act, 1......1159394
7-11-2015
Ed.
This Case is also Reported in: 68 DLR (HCD) (2016) 197
......sent:
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……….Res..
Category: Fiscal/Taxation Law | Date: 27 Jan, 2016 | Hits: 0
Tariqul Islam Vs. Bangladesh and Others, 2016, 45 CLC (HCD)
....character recognition. This enables border controllers and other law enforcement agents to process these passports more quickly, without having to input the information manually into a computer. ICAO publishes Doc 9303 Machine Readable Travel Documents, the technical standard for machine-readable pa......i was issued calling upon the respondents to show cause as 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 is......ment. There is, however, no order as to costs. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 150 ......e J Razik-al-Jalil J Tariqul Islam……………………………………………….Petitioner Vs. Bangladesh and Others…………………&hel..Category: Administrative Law | Date: 14 Jan, 2016 | Hits: 1
Hafizur Rahman Vs. Abdur Rahman Miah and Others, 2015, 44 CLC (HCD)
.... 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: 68 DLR (HCD) (2016)110 ......nclusion abruptly without property shifting the evidence on record and, as such, the impugned judgment and decree are liable to be set aside. 21. In the result, the appeal is allowed without any order as to cost. The impugned judgment and decree dated 3-7-2011 passed by the learned Joint Distri......ction) Present: Sheikh Abdul Awal J Shahidul Karim J Hafizur Rahman…………………………………Plaintiff-Appellants Vs. Abdur Rahman Miah and Others…………..Defend......hich makes time the essence of the contract, the plaintiff must succeed if his readiness and willingness to perform the obligations undertaken by him are proved. in this case the plaintiff petitioner has successfully proved his readiness and willingness to pay the balance of the consideration m..Category: Contract Law | Date: 15 Dec, 2015 | Hits: 1
Yeamin Nobi (Md.) and others Vs. Moklesur Rahman and others, 2015, 44 CLC (HCD)
....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 ......ash;For the Respondents. First Miscellaneous Appeal No. 183 of 1998. Judgment Sheikh Abdul Awal J .— This First Miscellaneous Appeal is directed against the impugned judgment and order dated 17-5-1998 passed by the then Sub-ordinate Judge, 1* Court, Kushtia in Miscellaneous (pre......ce. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 281 ...... 3. Respondent Nos.1 to 3 as opposite party Nos. 2-4 entered in the Miscellaneous Case and filed written objection contending inter alia that the disputed land is not undivided land because petitioner Yamin Nobi was living separately in the divided land under holding No. 8 of Kushtia Pourashava ..Category: Civil Law, Procedural Law | Date: 11 Dec, 2015 | Hits: 36
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 ...... that Shirina expired due to snake-bite not by pushing injection containing poison/insecticide in the manner as stated from the side of the prosecution and as such Golam Rabbani is entitled to get an order of acquittal from the charge brought against him. 7. After trial of the case the learned ......s. Md. Golam Rabbani………………Respondent Judgment December 6, 2016 Result: The Death Reference No.48 of 2010 is accepted. The Criminal Appeal is dismissed. Evidence Act (1 of 1872); Section 106 Section 106 of t......bsp;106 of the 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..Category: Evidence Law | Date: 6 Dec, 2015 | Hits: 6
Ali Ahsan Muhammad Mujahid Vs. The Government of Bangladesh, 2015, 44 CLC (HCD)
....rces of Pak-army and they did not participate in the killing of intellectuals committed from 10th December to 16th December 1971, it would not be irrelevant here to narrate the experience of a victim published in the Dainik Bangla in its 21st December 1971 issue. The same has been narrated in materi......rafficking, while 33 (thirty three) countries have death as an alternative sentence for the said offence. Punishment is the way in which society expresses its denunciation of wrong-doing; and in order to maintain respect for law; it is essential that the punishment inflicted for grave crimes sh......Appellate judgment. Hence, the review petition is dismissed. Ed. This case is also Reported in: ......nal 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 Act No. XIX of 1973] The Petitioner Ali Ahsan Muhammad Mujahid was found guilty for the “Crimes against Humanity enumerated i..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)
....s as to this Court may seem fit and proper. 2. Fact relevant for the disposal of this Rule, in brief, are that the petitioner applied for the post of Headmaster, in response to the advertisement published by the concerned authority and that a duly constituted selection committee selected the pe......ndents No. 3 to 5 shall not be directed to dispose of the application filed by the petitioner on 22-3-2015 before them (Annexure-C to the application), praying for taking necessary action against the order of suspension of the petitioner from his service as the Headmaster. Uzan Teura TUM High School......abir Sarker…………………………………………………Petitioner Vs. Secretary, Ministry of Education and Others………..Respondent Judgment November 10, ...... Ahmed Choudhury J Nurun Nabir Sarker…………………………………………………Petitioner Vs. Secretary, Ministry of Education and Others………..Respondent ..Category: Administrative Law, Employment/Service Law | Date: 10 Nov, 2015 | Hits: 0
Abdul Hamid Chowdhury (Iqbal) and Others Vs. Artha Rin Adalat and Others, 2015, 44 CLC (HCD)
....to give a fresh decision after hearing the parties in accordance with law at the earliest. Communicate at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 148 ......e of the petitioners, Abdul Hamid Chowdhury (Iqbal) and another, this Rule was issued in following terms: "Let a Rule Nisi be issued calling upon the respondents to show cause as to why the order and ex-parte decree dated 3-3-2014 passed by the Artha Rin Adalat & Joint District Judge, ......dance with law at the earliest. Communicate at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 148 ...... Court Division (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J Zafar Ahmed J Abdul Hamid Chowdhury (Iqbal) and Others…………Petitioner Vs. Artha Rin Adalat and Others………………&helli..Category: Banking Law | Date: 5 Nov, 2015 | Hits: 3
Hazi Abdul Late Vs. Abu Naseruddin and Others, 2015, 44 CLC (HCD)
.... The order of stay granted earlier by this court is hereby vacated. Send down the lower court records at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 171 ......r None appears—For the Opposite parties. Civil Revision No.1118 of 2005 Judgment Sharif Uddin Chaklader J.— This Rule, by the pre-emptee, directed against judgment and order dated 9-11-2004 passed by the learned Additional District Judge, 1st court, Narayangonj allowi......s at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 171 ......diction) Present: Sharif Uddin Chaklader J Hazi Abdul Late……………………………………….Petitioner Vs. Abu Naseruddin and Others…………………..Category: Procedural Law | Date: 10 Sep, 2015 | Hits: 1
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 ......xercising 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 section ......; Vat and Others………..Respondent Judgment August 30, 2015 Result: The Rules are made absolute. Whether the concerned officer can issue direction on the delinquent person for adjustment of current account register or whether the officer can himself do such......an Arif J JN Deb Choudhury J City Vegetable Oil Mills Ltd………………………………………..Petitioner Vs. Commissioner, Customs, Excise & Vat and Others………..Respo..Category: Fiscal/Taxation Law | Date: 30 Aug, 2015 | Hits: 5
Turfatur Ain Chowdhury Vs. Artha Rin Adalat Dhaka and Others, 2015, 44 CLC (HCD)
....earable sufferings for no fault of her own. To elaborate the above facet of his submission, he explains that once the decree is passed by the Artha Rin Adalat against the petitioner, her name will be published in the Bangladesh Bank CIB List as a defaulter, on top of the fact that the Bank shall be ......desh, 1972; Article 102 Rule 10(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......o Artha Rin Adalat No.1, Dhaka (respondent No. 1) at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 81 ...... Present: Emdadul Huq J Khurshid Alam Sarkar J Turfatur Ain Chowdhury…………………………………Petitioner Vs. Artha Rin Adalat Dhaka and Others………………..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 ......ing the income as shown under Universal Self Assessment and the Order dated 20-8-2014 (Annexure-E) passed by the respondent No. 3 under section 121A of the said Ordinance upholding the said order dated 26-5-2014 passed by the respondent No. 2 (Annexure-C) should not be declared to be witho...... Extra Assistant Commissioner of Taxes, and Others……………Respondent Judgment August 24, 2015 Result: The Rule is made absolute Income Tax Ordinance (XXXVI of 1984) Section 120 and 121A Whether Tax Authorities have e...... JN Deb Choudhury J Tufail K. Haider…………………………...................Appellants Vs. Extra Assistant Commissioner of Taxes, and Others……………Respondent Judgment Augus..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 ......te instructed by Md. Habibur Rahman, Advocate-on-Record—For the Respondent (In both the cases) Civil Petition for Leave to Appeal Nos. 1428 & 1429 of 2014. (From the judgment and order dated the 24th day of April, 2014 passed by the High Court Division in Election Petition Nos.8......d another…………...Respondents (In both cases) Judgment August 13, 2015. Result: The petitions are disposed of. Whether the Election Petitions were Maintainable in Law— The petitioner being a proposed "candidate" for electio......pellate Division (Civil) 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……&hellip..Category: Civil Law, Election Law | Date: 13 Aug, 2015 | Hits: 30
The State Vs. Mr. Swadesh Roy and another, 2015, 44 CLC (AD)
....e delivery system. 8. All elements of grave contempt of court are present in the impugned article. Mr. Swadesh Roy, the writer and Mr. Atiqullah Khan Masud (M.A. Khan Masud), editor, printer and publisher of the Daily Janakantha are found guilty of contempt. The contempt proceeding succeeds. Co......-Record-For the Contemnors/Respondents Contempt petition No. 19 of 2015. Order Surendra Kumar Sinha CJ. - For the reasons to be expressed later on, this petition is disposed of by this order. Since various questions arise in the mind of the people of the country, the litigants, the la......failing which, they shall suffer seven days simple imprisonment. Ed. This Case is also Reported in: ......mud Hossain J Muhammad Imman Ali J Hasan Foez Siddique J The State…………………………………….Petitioner Vs. Mr. Swadesh Roy, (author of the article under the caption in “সাকা..Category: Constitutional Law, Contempt of Court Law | Date: 13 Aug, 2015 | Hits: 97
....রে পড়েছিলেন ৩(তিন) দিন। সেখানে এখনও কালচে রক্তের দাগ চোখে পড়ে।”।
23. This report was published just after liberation of the country. In this newspaper reporting, it was clearly men......DAG, Khondaker Diliruzzaman, DAG. arid Bashir Ahmed, AAG, instructed by Mahmuda Parveen, Advocate-on-Record— For the Respondent.
Criminal Appeal No.122 of 2013.
(From the judgment and order dated 1-10-2013 passed by the International Crimes Tribunal No.1 (ICT-1), Dhaka in ICT-BD Case......, 3, 4, 5, 6, 8, 17 and 18 are hereby maintained.
Ed.
This Case is also Reported in: 67 DLR (AD) (2015) 295
......On 13th April, 1971 at about 10-30 to 11-00 am accused Salauddin Qader Chowdhury along with his accomplices and Pakistani Army raided the area of Jogotmollo Para belonging to Hindu community and then one of the military man opened fire on the innocent village people assembled in the courtyard o..
Category: International Crimes Tribunal Law | Date: 29 Jul, 2015 | Hits: 38
Shamsun Nahar Begum Shelly Vs. Bangladesh and Others, 2015, 44 CLC (HCD)
....dent No. 3 in Case No. 221 of 1992 dismissing the case and thereby refusing to release the property being House No. T-57 Khalishpur Housing Estate, Khulna, from Kha list of the Abandoned Buildings as published in the Bangladesh Gazette, dated 23-9-1986 at page No. 9764 (36) against serial No. 615 (M......, Khalishpur Housing Estate, Khulna from the 'Kha' list of Abandoned Building as published in the Bangladesh Gazette dated 23-9-1986 as detailed hereinbefore and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. Facts relevant for disposal of thi...... this Judgment and Order to the Court of Settlement concerned at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 30 ......p;……………………………..Respondent Judgment July 8, 2015 Result: The Rule is made absolute Bangladesh Abandoned Property (Control, Management & Disposal) Order (PO 16 of 1972); Article 2 & 7 ..Category: Abandoned Properties Law | Date: 8 Jul, 2015 | Hits: 5
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