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Abdul Hakim (Md.) Vs. Md. Nazrul Islam and others, 2014, 43 CLC (AD)
....ny that by a registered deed of sale dated 29-6-2005 he did not transfer 0.18 acre of land. The contention that the land of the case holding has not been partitioned by metes and bounds does not hold good as on the face the RoR Khatian No.247, it appears that the pre-emptor has exhausted his entire ......he pre-emption application. Their case, in short, is that one Saleh Sheikh was the sole owner of the case land under CS Khatian No.207 and the pre-emptor failed to give details of the heirs of the CS recorded owner and failed to implead all the heirs of CS and RoR khatians. The pre-emptee-respondent......er appreciation of law and fact do not call for interference. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 157. ..Category: Property Law | Date: 20 Jan, 2014 | Hits: 44
State Vs. Dr. Fazlur Rahman, 2014, 43 CLC (AD)
.... Senior Special Judge, Dhaka is directed to proceed with the trial of the respondent Dr Fazlur Rahman in accordance with law. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 24 ......cellaneous Case No. 1569 of 2001 before (the Metropolitan Sessions Judge, Dhaka who granted bail to him on Rahman 24-5-2001 till submission of charge sheet. After submission of charge sheet, the case records were sent to the Court of Senior Metropolitan sessions Judge for trial, where Special Case N...... Senior Special Judge, Dhaka is directed to proceed with the trial of the respondent Dr Fazlur Rahman in accordance with law. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 24 ..Category: Criminal Law | Date: 15 Jan, 2014 | Hits: 1
Ali Garments Limited Vs. Commissioner of Taxes, 2014, 43 CLC (AD)
....he High Court Division, accordingly, the appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 243. ......evenue authority to accept the sale as disclosed by them and also reduced the rate of gross profit to 20% from 25% holding that the decision was taken by the appellate authority on comparison of records with parallel cases. 5. Against the said order the appellant filed an application under......he High Court Division, accordingly, the appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 243. ..Category: Fiscal/Taxation Law | Date: 5 Jan, 2014 | Hits: 11
BRAC Bank Ltd Vs. Multimode Ltd, 2013, 42 CLC (HCD)
....eement mentioned herein above at any stage, the security deposit shall not be released till all the outstanding claim of BBL from Western Union are settled by Western Union. First Party shall use its good offices and extend cooperation in settlement of outstanding issue of BBL with Western Union and......ineers India Ltd., AIR 1996 Calcutta 424, wherein it is held as 'challenge to cancellation of contract on ground that it does not contain reasons -Cannot be made because authority can produce its records to show that such reasons are available on records.' 13. Learned Advocate further r...... and defendant is Public Limited Company incorporated under the Companies Act, 1913. Defendant Bank as a schedule Bank, under the supervision and monitoring of Bangladesh Bank participates in various service such as, keeping deposit of money, providing loan facilities for multipurpose, monitory tran..Category: Contract Law | Date: 12 Dec, 2013 | Hits: 0
Abdul Quader Mollah Vs. Chief Prosecutor, International Crimes, Tribunal, Dhaka, 2013, 42 CLC (AD)
....et the necessity of the case the inherent power of a Court merely saves by expressly preserving to the Court which is both a Court of equity and law, to act according to justice, equity and good conscience and make such orders as may be necessary for ends of justice or to prevent the abuse......ress other points since those points were raised and decided by this Division while disposing of the appeals. The first point urged is that this Division has committed error of law on the face of the record in failing to appreciate the material contradictions between the depositions of the witnesses...... For the reason stated above, we find no merit in these review petitions. The petitions are accordingly dismissed on merit. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 289. ..Category: International Crimes Tribunal Law | Date: 12 Dec, 2013 | Hits: 15
State Vs. Md. Ibrahim Ali, 2013, 42 CLC (AD)
.... to the period already undergone by him. In the result the appeal is allowed with the modification of sentence as aforesaid. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 33. ...... Biswajit Deb Nath, Deputy Attorney-General, instructed by B Hossain, Advocate-on-Record—For the Appellant. Sheikder Mokbul Haque, Advocate, instructed by Taufique Hossain, Advocate-on-record—For Respondent. Khurshid Alam Khan, Advocate, with leave of the Court—For An...... to the period already undergone by him. In the result the appeal is allowed with the modification of sentence as aforesaid. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 33. ..Category: Anti-Corruption Laws, Criminal Law, Procedural Law | Date: 3 Dec, 2013 | Hits: 26
Md. Abdur Rob Bhuiyan Vs. Sheikh Ahammed and others, 2013, 42 CLC (HCD)
.... Rule. Accordingly, the Rule is discharged. Opposite Parties 1-20 are released from their bail bonds. Send down the records. Muhammad Abdul Hafiz J.- I agree. Ed. This Case is alsoReported in: ...... in the manner described in the ejahar seriously injured the victim-witnesses Zafor Ahamed and Jashim Uddin. They also snatched taka 4,970/=from Jashim Uddin and took away a coloured television, tape recorder, wrist watch, valuable attires and utensils from his house causing loss of total taka 51470...... Rule. Accordingly, the Rule is discharged. Opposite Parties 1-20 are released from their bail bonds. Send down the records. Muhammad Abdul Hafiz J.- I agree. Ed. This Case is alsoReported in: ..Category: Procedural Law | Date: 21 Nov, 2013 | Hits: 24
Md. Nuruzzaman (Noni) Vs. Government of Bangladesh and others, 2013, 42 CLC (HCD)
....fructuous. The order of stay granted earlier is hereby vacated. There will be no order as to costs. AKM Zahirul Hoque J.- I agree. Ed. This Case is also Reported in: ......t No.7 (Annexure-C) and the notice issued by the respondent No.7 under Memo No.Jaimek/07/530(1)2007 dated 16.07.2007 (Annexure-D), pursuant to which said notifications were issued. 13. From record it appears that initially the President of the Republic had promulgated Ordinance No.10 of 2......fructuous. The order of stay granted earlier is hereby vacated. There will be no order as to costs. AKM Zahirul Hoque J.- I agree. Ed. This Case is also Reported in: ..Category: Fiscal/Taxation Law | Date: 20 Nov, 2013 | Hits: 24
Abdul Momen Bhuiyan and others Vs. District Judge, Dhaka and others, 2013, 42 CLC (AD)
....he auction sale shall be deemed to have become absolute. The impugned judgment delivered by the High Court Division is set-aside. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 98. ......o.3, on the other hand, supports that impugned judgment. 9. We have considered the submissions of the learned Advocates of both the sides, perused the impugned judgment and the materials on record. 10. The High Court Division came to a finding that the learned District Judge accepted ......he auction sale shall be deemed to have become absolute. The impugned judgment delivered by the High Court Division is set-aside. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 98. ..Category: Civil Law | Date: 17 Nov, 2013 | Hits: 17
Golam Sarwar Vs. Commissioner of Taxes, 2013, 42 CLC (HCD)
....ke necessary steps under section 161(2) of the Income Tax Ordinance, 1984. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 350; 2 CLR (HCD) (2014) 301; 23 Karadalat (HCD) (2014) 15 ......income and he also owned a building. So, the income escaped assessment for the assessment years from 1996-97 to 2000-2001. Although statutory notices were sent through registered post which were also recorded in the order sheet and the margin of the order sheet of respective assessment years and the......e Income Tax Ordinance, 1984? (b) Whether Appellate Tribunal, Chittagong Bench, Chittagong was correct in law in confirming appeal order regard to assessment under section 84/937 92(1) when services of notices were not served to the applicant before assessments? (c) Whether the I..Category: Fiscal/Taxation Law | Date: 14 Nov, 2013 | Hits: 4
AKM Mosharraf Hossain Vs. State & another, 2013, 41 CLC (HCD)
....realise the fine in accordance with law. Let a copy of this judgment along with LCR be sent to the concerned Court at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 564 ...... power and illegally obtained pecuniary advantage. Hence, the case. 4. The informant himself investigated the case who in course of his investigation, seized the relevant documents and also recorded 161 statements of the witnesses. On completion of the investigation, he submitted a ch......3. One MA Mannan an Officer of Anti-Corruption on 29-1-1991 as informant lodged the FIR with the Motijheel Police Station against the convict-appellant alleging inter-alia that in course of rendering service as Chairman of Bangladesh Chemical Industries Corporation hereinafter called BCI..Category: Anti-Corruption Laws, Criminal Law | Date: 10 Oct, 2013 | Hits: 3
Zakir Hossain and another Vs. Md. Shahnewaz and others, 2013, 42 CLC (AD)
....s and facts do not warrant interference by this Division. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 98. ......llip;………..(11) When no appeal is preferred against the final decree and only the preliminary decree is appealed against but a copy of the final decree has been placed on the record of the appeal it is the duty of the appellate Court in dealing with the appeal to give necess......s and facts do not warrant interference by this Division. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 98. ..Category: Procedural Law | Date: 10 Oct, 2013 | Hits: 12
Ali Amjad Khan (Md.) Vs. Md. Habibullah Dawn & others, 2013, 42 CLC (AD)
....iation of law and fact do not call for interference. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 28. ......fe and, as such, Rafique Ahmed Khan cannot be designated, as a judgment-debtor. 9. We have considered the submissions of the learned Advocates, perused the impugned judgment and the materials on record. 10. The salient findings of the High Court Division, in brief, are: The 3rd party ......iation of law and fact do not call for interference. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 28. ..Category: Civil Law | Date: 10 Oct, 2013 | Hits: 33
SM Redwan Vs. Md. Rezaul Islam and others, 2013, 42 CLC (AD)
....he High Court Division are hereby set-aside. The concerned Courts are directed to proceed with the cases in accordance with law. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 169. ...... the learned Advocate- on-Record for the appellants and the learned Advocate for the respondent in Criminal Appeal No.31 of 2004 perused the judgment of the High Court Division and other materials on record. 12. The question in both the appeals is that whether the return of cheque with an endor......he High Court Division are hereby set-aside. The concerned Courts are directed to proceed with the cases in accordance with law. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 169. ..Category: Criminal Law, Others | Date: 9 Oct, 2013 | Hits: 12
Moulana Abdul Hakim (Md.) Vs. Government of Bangladesh and others, 2013, 42 CLC (HCD)
....ed of with the directions above. 43. There is no order as to costs. Communicate this judgment and order forthwith. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 83 ......that the impugned order presupposes a decision of the Committee concerning the dismissal of the petitioner and predicated on which the impugned order appears to have been issued. No documents on record are, however, found attesting to such a decision being made by such Committee or indeed ......on but increasingly by the public domain within which it operates and prevails irrespective of its derivative status. The ever increasing reality of public-private, partnership of providing services to the public at large and in regulating public activity has blurred the traditionally held..Category: Administrative Law, Constitutional Law | Date: 3 Oct, 2013 | Hits: 2
Ahmed Lal Mia Vs. State and another, 2013, 42 CLC (AD)
....ove, no interference is called for with the impugned judgment and order. The leave petition is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 204. ......n 200 of the Code found prima facie case against the accused and took cognizance of the offence against him under section 138 of the Act, 1881. The case being triable by a Court of Sessions, the case records were transmitted to the Court of Metropolitan Sessions Judge, Chittagong who took cognizance......ove, no interference is called for with the impugned judgment and order. The leave petition is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 204. ..Category: Criminal Law | Date: 3 Oct, 2013 | Hits: 5
AA Engineering Limited Vs. University of Khulna, 2013, 42 CLC (AD)
....ensation (if any) for getting boulders, stone, gravel, shingles, sand, or other materials, required for the work; and c) Any element of duty or tax inherent in the price of locally procured goods shall be deemed to be included in the rates and prices stated in the priced Bill of Quantities......s under the obligation to pay the VAT. 9. We have considered the submissions of the learned Advocates and learned Deputy Attorney-General, perused the impugned judgment and the materials on record. 10. To begin with, it is necessary to go through the submissions, on which, leave was g...... the case of the appellant that Khulna University illegally deducted a sum of Taka 38, 39,239 from the security deposit as VAT in spite of the opinion of National Board of Revenue (NBR) that the service receiver would arrange VAT from its own fund if the tender invited after 1st July, 1991..Category: Fiscal/Taxation Law | Date: 3 Oct, 2013 | Hits: 28
Bakhrabad Gas System Limited Vs. Al Masud-ar-Noor and others, 2013, 42 CLC (AD)
....appointed after the coming into effect or force of the same. With the above observations, the petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 187. ......appointed after the coming into effect or force of the same. With the above observations, the petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 187. ...... Result: The petitions are dismissed. The accrued/vested rights of its employees can not be taken away Service Rules The appointing authority has every right to amend/alter the service rules to suit the need of the time but not to the detriment or disadvantage to the righ..Category: Employment/Service Law | Date: 26 Sep, 2013 | Hits: 12
..... 4, the Superintendent, Customs, Excise and VAT, Tejgaon Circle, the petitioner informed that the production of the Mills was permanently stopped since 4-11-1999 and there were no saleable goods in stock. By another letter dated 29-11-1999, the writ-petitioner also requested the Supe......e VAT Act. But they cannot adjust any disputed amount, which was never adjudicated under section 55 of the VAT Act." We also put our disapproval of the inaction of the concerned VAT authority on record in sitting over the applications filed by the writ-petitioner for cancellation of VAT reg......no reason and logic, he could just sit over the matter.
With the above observations, this petition is dismissed.
Ed.
This Case is also Reported in: 20 BLC (AD) (2015) 143
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Category: Fiscal/Taxation Law | Date: 24 Sep, 2013 | Hits: 9
State Vs. Mostafizur Rahman and another, 2013, 42 CLC (AD)
....and findings given by Mohammad Anwarul Haque, J. Court's Order The appeal is dismissed by majority decisions. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 218. ......1 (one) year more. 7. The victim Shefali Khatun was 10 or 11 years old when her mother, step-father and half sister Aleya (accused in the case) sent her to work as a house maid. The evidence and records disclose that at various times she worked as maid servant in the house of Proshanto, Ch......f the prosecution for the purpose of disposal of the appeal is as follows: Victim Shefali was appointed as domestic worker in a house, situated at Mirpur, Dhaka. While she was rendering her service there; her step sister accused Aleya, serving at Rajbari as maid servant in the house of acc..Category: Criminal Law, Women and Children | Date: 18 Sep, 2013 | Hits: 7
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