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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. ......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. ......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. ......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

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 ......of the Rule an ad-interim order was passed staying the order impugned against. 3. The averments figured in leading to the issuance of the Rule are as follows:-- The respondent No. 4 College Inspector, Board of Secondary & Higher Secondary Education, Rajshahi issued a letter dated 1-1-2...... 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 ...... 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 ..

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)

....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   ......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   ...... 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…………Responden......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   ..

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)

....uspension order was not Bond Commissioner and rather a Commissioner (current charge) of Mongla Customs House only, the suspension order was without lawful authority. 8. Mr. Moniruzzaman, learned Deputy Attorney General appearing for the concerned Commissioner of Customs, on the other hand, fran......6615010629 12-7-2015 C 1159394 7-11-2015 Ed.  This Case is also Reported in: 68 DLR (HCD) (2016) 197   ......was not Bond Commissioner and rather a Commissioner (current charge) of Mongla Customs House only, the suspension order was without lawful authority. 8. Mr. Moniruzzaman, learned Deputy Attorney General appearing for the concerned Commissioner of Customs, on the other hand, frankly concedes tha......6615010629 12-7-2015 C 1159394 7-11-2015 Ed.  This Case is 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)

....him. He lastly submits that there is no reason that the passport of the petitioner should be withheld by respondent No. 2 for no fault of the petitioner. 6. Mr. Md. Mokleshur Rahman, the learned Deputy Attorney General appearing on behalf of opposite party No. 2, on the other hand, submits that......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   ......ubmits that there is no reason that the passport of the petitioner should be withheld by respondent No. 2 for no fault of the petitioner. 6. Mr. Md. Mokleshur Rahman, the learned Deputy Attorney General appearing on behalf of opposite party No. 2, on the other hand, submits that the petitioner ......t petition. The case of respondent No.2 in short, is that, the status of the petitioner is different from that of the status of the normal citizens of the country. The report of the Special Branch of Police dated 25-10-2015, reveals that there are as many as 14 criminal cases pending against the pet..

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

State Vs. Md. Golam Rabbani, 2016, 45 CLC (HCD)

....ned-prisoner guilty and convicted him under section 302 of the Penal Code and sentenced him to death thereunder. 8. During hearing of this Death Reference Mr. MA. Mannan Mohon, learned Deputy Attorney General along with Mr. Md. Aminur Rahman Chowdhury and Mr. Kazi Bazlur Rashid the le......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   ......lty and convicted him under section 302 of the Penal Code and sentenced him to death thereunder. 8. During hearing of this Death Reference Mr. MA. Mannan Mohon, learned Deputy Attorney General along with Mr. Md. Aminur Rahman Chowdhury and Mr. Kazi Bazlur Rashid the learned Assistant ......r confirmation of the death sentence awarded against the condemned-prisoner Md. Golam Rabbani Khan in Sessions Case No.58 of 2008 under section 302 of the Penal Code corresponding to Kahalu Police Station Case No.12(1)08 and GR No. 12 of 2008. 2. The prosecution case, as made out in t..

Category: Evidence Law | Date: 6 Dec, 2015 | Hits: 6

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

....edin, Advocate-on- Record—For the Petitioner. Mahbubey Alam, Attorney General(with Murad Reza, Additional Attorney General, Momtazuddin Fakir, Additional Attorney General, Biswajit Debnath Deputy Attorney General., Ekramul Hoque, Deputy Attorney General, Masud Hasan Chowdhury, Deputy Atto.......M. Khan, the new D.I.G. of Special Branch and Intelligence Branch of Police. The team of police officials working on it included, among others, A. Samad Talukder, DSP, Intelligence Branch and Ishaq, Inspector, Intelligence Branch.” John Stone House, British Labour M.P. to P.T.I. in an in......whether it is a deterrent or not. It is admitted facts that the petitioner was initially the President of ICS, Faridpur District Branch and during the war of liberation, he was elected Secretary General of ICS and, thereafter, President of the then East Pakistan ICS. He organized and led ICS an......g profession. Tuesday’s police operation which led to the recovery of the seven bodies was conducted under the guidance of M.M. Khan, the new D.I.G. of Special Branch and Intelligence Branch of Police. The team of police officials working on it included, among others, A. Samad Talukder, DSP, 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)

....d 9-3-2014 passed in Writ Petition No. 1897 of 2014: Md. Jashimuddin Vs. Government of the PRB. He has prayed making the Rule absolute in the facts and circumstances of this case. 4. The Learned Deputy Attorney-General Mr. ASM Nazmul Hoque a appearing alongwith the learned Assistant Attorney-Ge......er in compliance with the provisions of the Regulation-11, 12, 13 and 14 of the said Regulation, 1979; that on 22-3-2015 the petitioner filed an application before the Chairman, the Secretary and the Inspector of Schools, Board of Intermediate and Secondary Education, Dinajpur, (respondent No. 3, 4 ......d in Writ Petition No. 1897 of 2014: Md. Jashimuddin Vs. Government of the PRB. He has prayed making the Rule absolute in the facts and circumstances of this case. 4. The Learned Deputy Attorney-General Mr. ASM Nazmul Hoque a appearing alongwith the learned Assistant Attorney-General Mr. Md. Ja......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)

....thout jurisdiction leaving the petitioner with no effications alternative remedy, this Court can interfere into such actions under writ jurisdiction. 8. As against this, Ms. Israt Jahan, learned Deputy Attorney General representing VAT authority, submits that since the petitioners took excess r......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   ......on leaving the petitioner with no effications alternative remedy, this Court can interfere into such actions under writ jurisdiction. 8. As against this, Ms. Israt Jahan, learned Deputy Attorney General representing VAT authority, submits that since the petitioners took excess rebate, they did ......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   ..

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

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

....ead with section 2(15) of the said Ordinance and a circular issued by the NBR, being Circular Kar-7/A:-A:-B/3/2010/262 dated 14-12-2010. Accordingly, respondent No. 2 directed the concerned Deputy Commissioner of Taxes (DCT) to pass necessary orders for demand and to amend the IT-30 and IT......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 ......tinues, this Court should interfere in such gross illegality touching the jurisdiction of those officers under the said Ordinance. 5. As against this, Ms. Nurun Nahar, learned Assistant Attorney General representing respondent No.3, submits that since the NBR, vide Circular No. Kar-7/A:-A:-B/3/......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 ......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 ......AD) (2015) 289 ......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: ......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: ......mplexity of modern society, which should be known to all who are involved in the justice delivery system……………(7) Lawyers Involved: Mahbubey Alam, Attorney General-For the Petitioner Salahuddin Dolan, Advocate, instructed by Shirin Afroz, Advocate-on-......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

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

....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     ......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     ...... Lawyers Involved: Khondaker Mahbub Hossain, Senior Advocate (with SM Shahjahan, Advocate), instructed by Zainul Abedin, Advocate-on-Record—For the Appellant. Mahbubey Alam, Attorney-General (with Murad Reza, Additional Attorney-General, Momtazuddin Fakir, Additional Attorney Genera......, Md. Ershadul Haq (P.W. 38), Molla Abdul Hai (P.W. 39), Md Kowser Sheikh (P.W. 40) and Md Nurul Islam (P.W. 41). 4. Besides them, the prosecution has also examined Md Ersadul Haque (P.W. 38), a Police Officer to prove the seizure of some documents and alamats, exts. 31 series, 32 series and 33..

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

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

....uation the Respondent-Government ought to have served a notice under Article 7 of PO 16 of 1972 upon the owner or the occupier asking them to surrender the possession of the property to the Deputy Commissioner but in the present case no such notice was issued and subsequently when the Ordi......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 ......red to the cases of Jebon Nahar Vs. Bangladesh reported in 49 DLR 108, Bangladesh Vs. Chand Sultana reported in 1 MLR 310 : 51 DLR (AD) 24. 7. Mr. Md. Shahidul Islam, the learned Deputy Attorney General with Mr. Sukumar Biswas, the learned Assistant Attorney General appearing for the Respondent......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

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

....property. On referring those decision and facts as stated above the learned advocate for the petitioners prays for making the Rule absolute. 5. On the other hand, S. Rashed Jahangir, the learned Deputy Attorney General appearing for the respondent No. 1 takes us through the affidavit-in-opposit......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: ......erring those decision and facts as stated above the learned advocate for the petitioners prays for making the Rule absolute. 5. On the other hand, S. Rashed Jahangir, the learned Deputy Attorney General appearing for the respondent No. 1 takes us through the affidavit-in-opposition and annexure......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

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

....gly he prayed for dis­charging the rule, asserting that there is no merit in this Rule. 7. The learned Advocate appearing for respondent No. 2 has adopted the submissions made by the learned Deputy Attorney General. 8. The learned Advocate Mr. M. Syed Ahmed, appearing for respondent No......nexure-A, that the respon­dent No. 2 (the then board Chairman) by a letter dated 13-10-2014 has appointed Mr.Golam Sarwar as President of the Governing Body (GB) of the UMHSC, being signed by the Inspector of College, as approved and directed by the respon­dent No. 2, although name of Mr.Gol......r dis­charging the rule, asserting that there is no merit in this Rule. 7. The learned Advocate appearing for respondent No. 2 has adopted the submissions made by the learned Deputy Attorney General. 8. The learned Advocate Mr. M. Syed Ahmed, appearing for respondent No. 5 drew our att......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

Mahmudul Islam Vs. Anti-Corruption Commi¬ssion and others, 2015, 44 CLC (HCD)

....y the Respondent No. 3, Assistant Director (Finance & Accounts), Anti Corruption Commission, Principal Office, Dhaka and Annexure A4, A5 and A6 were issued under the Signature of Respondent No.2, Deputy Director (Finance & Audit), Anti Corruption Commission, Principal Office, Dhaka. 19....... copy of this judgment be forwarded to the Chairman, Anti-Corruption Commission forthwith. Communicate at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 361   ......ommission on the basis of Audit Report made by the Audit Directorate. The writ petition is hit by defect of parties. Because the petitioner without impleading the National of Board of Revenue/Auditor General, Bangladesh/ Secretary, represented by the Ministry of Law, Justice and Parliamentary Affair...... copy of this judgment be forwarded to the Chairman, Anti-Corruption Commission forthwith. Communicate at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 361   ..

Category: Anti-Corruption Laws, Fiscal/Taxation Law | Date: 18 May, 2015 | Hits: 2

Government of Bangladesh and oth¬ers Vs. Ashraf Ali, 2015, 44 CLC (AD)

....নে নিষ্পন্ন হইবে”।........ (17) Case Referred to- Zamir Ali (Md.) Vs. Secretary, Ministry of Land, 52 DLR 125. Lawyers Involved: Ekramul Haque, Deputy Attorney-General, instruct­ed by Mvi. Md. Wahidullah, Advocate-on-Record.—For the A......osed of. Accordingly, the appeal is disposed of with the observations and direction made in the body of the judgment. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 263   ......্পন্ন হইবে”।........ (17) Case Referred to- Zamir Ali (Md.) Vs. Secretary, Ministry of Land, 52 DLR 125. Lawyers Involved: Ekramul Haque, Deputy Attorney-General, instruct­ed by Mvi. Md. Wahidullah, Advocate-on-Record.—For the Appellants. ......osed of. Accordingly, the appeal is disposed of with the observations and direction made in the body of the judgment. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 263   ..

Category: Administrative Law | Date: 12 May, 2015 | Hits: 6

Orascom Telecom Bangladesh Limited Vs. Kalipada Mridha and others, 2015, 44 CLC (AD)

....d as expeditiously as possible. Accordingly, both the leave-petitions are disposed of with the above direction. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 292.   ......d as expeditiously as possible. Accordingly, both the leave-petitions are disposed of with the above direction. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 292.   ......d as expeditiously as possible. Accordingly, both the leave-petitions are disposed of with the above direction. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 292.   ......d as expeditiously as possible. Accordingly, both the leave-petitions are disposed of with the above direction. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 292.   ..

Category: Constitutional Law | Date: 11 May, 2015 | Hits: 5

Sanjay Kumar Biswas Vs. State, 2015, 44 CLC (HCD)

....d the appellant stands accordingly acquitted. Communicate the order at once and send b the Lower Court Record. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 185.   ......d the appellant stands accordingly acquitted. Communicate the order at once and send b the Lower Court Record. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 185.   ......resided over by the local Upazilla Nirbahi Officer and its proceeding was reduced to writing with her signature (exhibit-2, 2/1). P.W.6 Dr. Abdus Samad used to the Resident Medical Officer of Kushtia General Medical Hospital and he certified that pursuant to police case on 14-9-2002 Malati Rani was ......the instance of the sole convict Sanjay Kumar Biswas has been directed against the judgment of conviction and sentence dated 19-4-2012 passed in Nari-o-Shishu Case No. 3 of 2003 arising out of Khoksa Police Station Case No. 3 dated 13-9-2002 by the learned Judge of the Nari-o-Shishu Nirjatan Daman T..

Category: Women and Children | Date: 5 May, 2015 | Hits: 3