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Afazuddin Fakir (Md.) Vs. MH Rahman and others, 2013, 42 CLC (HCD)
....pplication filed by the opposite party Nos.1 and 2 under Order VII, rule 11 of the Code of Civil Procedure for rejection of the Miscellaneous Case, should not be set-aside. 2. The material facts relevant for disposal of the Rule, as have been stated in the instant revisional application, in sho......d with the Miscellaneous Case in accordance with law. Send down the lower Court records with copy of this judgment at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 581 ......igh Court Division (Civil Revisional Jurisdiction) Present: Md. Nuruzzaman J Farid Ahmed J Afazuddin Fakir (Md.)...................Petitioner Vs. MH Rahman and others..............Opposite Parties Judgment June 17, 2013. Result:......d with the Miscellaneous Case in accordance with law. Send down the lower Court records with copy of this judgment at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 581 ..Category: Property Law | Date: 17 Jun, 2013 | Hits: 4
Wadud Mollah (Md.) Vs. Md. Nayem and Another, 2013, 42 CLC (AD)
....ecord, the High Court Division opted to exercise its extraordinary discretionary power in admitting the accused on pre-arrest bail. The grounds upon which the accused moved the petition are not relevant for entertaining an application for anticipatory bail. In view of the serious nature o......h the above observations. Let a copy of this judgment be communicated to the learned Judges of the High Court Division. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 93. ......nbsp; AHM Shamsuddin Chowdhury J Wadud Mollah (Md.)........................Petitioner Vs. Md. Nayem and Another………………....Respondents Judgment ......h the above observations. Let a copy of this judgment be communicated to the learned Judges of the High Court Division. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 93. ..Category: Criminal Law | Date: 17 Jun, 2013 | Hits: 3
Monowara Begum Vs. Government of Bangladesh others, 2013, 42 CLC (HCD)
....the name of defendant for which the defendant filed Title Suit No. 351 of 1975 in the court of 2nd Munsiff, Barisal which was decreed on compromise and defendant No.2 got her name mutated in the relevant record of rights and the defendant No. 2 paid rents to the Government. Defendant Nos. 3 and......e mutated in the relevant record of rights and the defendant No. 2 paid rents to the Government. Defendant Nos. 3 and 4 in collusion with the staff of the defendant No. 4 managed to have created some papers to show grant of lease in their favour. The defendant No.2 filed an application before the Ad......nt SM Emdadul Hoque J. — On an application of the petitioner Monowara Begum under section 115 (1) of the Code of Civil Procedure, the Rule was issued calling upon the opposite party Nos. 1 and 2 to show cause as to why the impunged judgment and decree dated 24-5-1997, passed by the learne......ocate appearing on behalf of the opposite party No. 5 conceded the argument of the learned advocate Mr. Mustafa. 12. I have heard the learned Advocates, perused the impugned judgment, papers and documents as available in the records. 13. It appears that the instant revision and the suit is..Category: Civil Law, Property Law | Date: 16 Jun, 2013 | Hits: 2
Moulana Development Co. Limited Vs. National Board of Revenue and others, 2013, 42 CLC (HCD)
....eing in force, the Board or any other authority empowered by the Board in this behalf may enter the premises of a deducting or collecting authority to examine, monitor or verify books of accounts and relevant records in relation to – deduction or collection of tax by the concerned author......t relates to the previous assessment years other than the current assessment years. However, there shall be no order as to costs. Mohammad Ullah J. - I agree. This Case is also Reported in: ......s to show cause as to why the impugned letters being নথি নং ৩০৫-২০০-৪৯৩৯/২০১২-১৩/২০০৮ তারিখ ০৪.৭.২০১২ইং (Annexure-C) and letter being নথি নং- টাস্কফোর্স/ উৎস কর কর্তন/......t relates to the previous assessment years other than the current assessment years. However, there shall be no order as to costs. Mohammad Ullah J. - I agree. This Case is also Reported in: ..Category: Fiscal/Taxation Law | Date: 12 Jun, 2013 | Hits: 86
Golam Rasul Belal Vs. Habibullah Shakir and another, 2013, 42 CLC (AD)
....ned Advocate for the complainant-appellant: "1. That the complainant having filed .the instant complaint case under section 138 of the Negotiable Instrument Act, 1881 on 9-9-2004 and at the relevant time provision was to make a demand for the payment of the said amount of money b......t, 1881, now pending in the Court of Metropolitan Magistrate, Dhaka shall proceed in accordance with law. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 58. ......l Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J AHM Shamsuddin Chowdhury J Golam Rasul Belal..................................Appellant Vs. Habibullah Shakir and another.............Respondents Judgment June 11, 2013. Result: The appeal i......t, 1881, now pending in the Court of Metropolitan Magistrate, Dhaka shall proceed in accordance with law. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 58. ..Category: Criminal Law | Date: 11 Jun, 2013 | Hits: 10
Grameen Telecom Vs. Commissioner of Taxes, 2013, 42 CLC (HCD)
....r 1999-2000 assessment year. Appellant has contested Appeal commissioner’s decision to throw out appellant’s appeal as out of time. Appellant has contested Appeal Commissioner’s finding that relevant I.T. 15-30 and 88 were received by one Nazrul Islam. Appellant strongly made the point that......o be admitted and heard on merit by the Commissioner of Taxes (Appeal), immediately. However, there shall be no order as to costs. Mohammad Ullah J. -I agree. This Case is also Reported in: ...... refusing to allow the admission of appeal before the Commissioner of Taxes (Appeal). 2. It has been stated in the instant Income Tax Reference Application that the Assessee-applicant is a company and a regular income tax assessee under the Companies Circle-07, Taxes Zone-03, Dhaka, and holding T......o be admitted and heard on merit by the Commissioner of Taxes (Appeal), immediately. However, there shall be no order as to costs. Mohammad Ullah J. -I agree. This Case is also Reported in: ..Category: Fiscal/Taxation Law | Date: 5 Jun, 2013 | Hits: 86
A.B.M. Liton Vs. Bangladesh & Others, 2013, 42 CLC (HCD)
....he order of rejection of bail of the petitioner dated 27-9-2012, passed by the same Adalat (Annexure-B), should not be declared to be without lawful authority and are of no legal effect. Short facts, relevant for the disposal of the Rule, are that the Eastern Bank United, Head Office, 10 Dilkusha Co......rte by the judgment and decree dated 5-11-2012. Respondent No. 3 Bank then filed Artha Jari Case No. 86 of 2012 for execution of the said decree. After service of notice of execution case through newspapers, the decree holder-Bank filed an application before the Adalat under section 34(1) ......e. Refusal of Bail not Sustained-- Since the Adalat as well as the Bank proceeded against the body of all the defendants including the petitioner before proceeding against their properties, and since the Bank and the Adalat proceeded against the petitioner before exhausting all the process......the refusal of bail are set-aside in so far as the petitioner is concerned. Communicate this order. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 207 ..Category: Banking Law | Date: 3 Jun, 2013 | Hits: 5
Bimol Rosario Vs. Barbara Rosario and others, 2013, 42 CLC (HCD)
.... of Taka 10/15 lakh, from the House Building Finance Corporation. The plaintiff then being a helpless widow believed the defendant Nos.1 and 2 in good faith ' and gave the Photostat copies of the relevant papers and Taka 20,000 to the defendant No.1. After 3/4 months later the defendant No.1told......10/15 lakh, from the House Building Finance Corporation. The plaintiff then being a helpless widow believed the defendant Nos.1 and 2 in good faith ' and gave the Photostat copies of the relevant papers and Taka 20,000 to the defendant No.1. After 3/4 months later the defendant No.1told that loa......n (Civil Revisionai Jurisdiction) Present: Sheikh Abdul Awal J Bimol Rosario……………......................Petitioner Vs. Barbara Rosario and others ...........Opposite Parties Judgment May 22, 2013. Result: The Rule i...... as prayed for or any other reliefs? 5. At the trial plaintiff side examined as many as 3 witnesses and the defendant side examined 2 witnesses and both the parties also exhibited some documents including gift deed No.2453 dated 30-6-2004 and hand writing expert's opinion. ..Category: Civil Law, Evidence Law | Date: 22 May, 2013 | Hits: 3
Nazrul Islam (Md.) & others Vs. Mahfuzur Rahman and others, 2013, 42 CLC (HCD)
....order along with the lower Court s record be sent down to the concerned Court for information and necessary action. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 126. ......en statement that through the case No.126 (12) 53-54 the tenancy of the former tenants were annuled but their appears no documents in support of this important contention. Though the defendants filed papers marked exhibit 'Ga' to show that Amzadur Rahman took settlement of 2.99 acres of land......diction) Present: ANM Bashir Ullah J Nazrul Islam (Md.) & others……………………Defendant-Petitioners Vs. Mahfuzur Rahman and others.................Plaintiff-Opposite Parties Judgment May 21, 2013. Result: ...... parties and the numbers of the rent suit. It was further adverted in the written statement that through the case No.126 (12) 53-54 the tenancy of the former tenants were annuled but their appears no documents in support of this important contention. Though the defendants filed papers marked exhibit..Category: Property Law | Date: 21 May, 2013 | Hits: 6
Moon Construction Company Limited Vs. Government of Bangladesh & others, 2013, 42 CLC (HCD)
....ent. Office is directed to communicate the copy of this judgment forthwith. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 193 ......of Health Technology of Khulna under the package No. W-092-N-CMMU-and W-093-CMMU, (in brief "the packages") and obtained work order for the same on 26-6-2006. 3. Accordingly, necessary papers and documents were handed over to the petitioner by the respondent Nos. 7 and 8 and other con......bsp;of the Constitution of Bangladesh, 1972 Due Process And Reasonable And Non-Arbitrary Laws And Procedure- A person may be destructively treated not only by action, but also by inaction and inaction may contravene the Article, when it is arbitrary and unreasonable. In the instant ......echnology of Khulna under the package No. W-092-N-CMMU-and W-093-CMMU, (in brief "the packages") and obtained work order for the same on 26-6-2006. 3. Accordingly, necessary papers and documents were handed over to the petitioner by the respondent Nos. 7 and 8 and other concerned auth..Category: Constitutional Law | Date: 16 May, 2013 | Hits: 4
ABSCO Limited Vs. Artha Rin Adalat No.2, Dhaka & another, 2013, 42 CLC (HCD)
....ained in section 19(2) of the Ain. While the appeal provisions of section 41 come immediately to mind, in addition, a reading of section 26 of the Act serves to provide an indication of invoking relevant provisions of the Code.............(19) For ex-parte proceedings maturing under s......umstances, he prays for discharging the rule. 12. Heard the learned Advocates for the parties, perused the petitions, affidavit-in-opposition filed by the respondent No.2 and other relevant papers annexed thereto. 13. In view of the submissions made by the learned Advocates for the pa......dalat No.2, Dhaka & another..................Respondents Judgment May 15, 2013. Result: Both the rules are discharged. Artha Rin Adalat Ain (VIII of 2003); Sections 10(1) and 19(2) Section 10 of the Ain, 2003 does not provide any provisions for filing applications a......charged without any orders as to costs.' Communicate the judgment to the court concerned at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 9. ..Category: Corporate Law, Others | Date: 15 May, 2013 | Hits: 8
....cordingly disposed
of.
The matter is remanded to the High court
Division for a fresh hearing.
Ed.
This Case is also Reported in: 65 DLR (AD) (2013)
300; 18 MLR (AD) (2013)153. ......:
The leave petition is disposed of.
Can the High Court Division finally adjudicate any case without
giving chance to adduce evidence when there is a charge of submitting false papers
against the plaintiff?
The suit cannot be finally
adjudicated without taking evidenc......Hossain J
Siddiqur
Rahman Miah J
AHM Shamsuddin
Chowdhury J
Head Mistress, Hazrat Shah Ali Girls' High School, Mirpur,
Dhaka .............Petitioner
Vs.
Mohammad
Ibrahim and others..........Respondents
Judgment
May 6, 2013.
Result:
The leave petition......cordingly disposed
of.
The matter is remanded to the High court
Division for a fresh hearing.
Ed.
This Case is also Reported in: 65 DLR (AD) (2013)
300; 18 MLR (AD) (2013)153. ..
Category: Procedural Law | Date: 6 May, 2013 | Hits: 15
Moklesuddin Ahmed and another Vs. Rezia Khatun and others, 2013, 42 CLC (HCD)
....ent Md. Nuruzzaman J.- This application has been filed by the appellant petitioners for re-admission of the instant appeal, which was dismissed for non-prosecution on 28-1-2013. 2. The relevant facts as has been stated in the instant application, in short, are that the appellant-...... number. The office is directed to do the needful accordingly. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 209. ......bsp; ...... number. The office is directed to do the needful accordingly. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 209. ..Category: Constitutional Law | Date: 5 May, 2013 | Hits: 4
Hasan Chowdhury (Md.) Vs. Bangladesh Bank and others, 2013, 42 CLC (HCD)
....domain of Bangladesh Bank to give a decision in a situation like this. However, Mr. Mahmud emphasizes whatever decision that Bangladesh Bank would take in this regard should be taken in terms of relevant laws applicable in that respect. 7. Heard the learned counsel of both sides and consid......t of the case in minute details by considering submissions of both sides. We have evaluated the petition, affidavit-in-opposition, supplementary affidavit, affidavit-in-reply and other papers filed by the parties with precision. All these materials are before the respondent Nos.1......Original Jurisdiction) Present: Md. Ashfaqul Islam J Md. AshrafUl Kamal J Hasan Chowdhury (Md.) ..................Petitioner (In both the petitions) Vs. Bangladesh Bank and others..................Respondents (In both the petitions) Judgment May 22, 2013. ......eply and other papers filed by the parties with precision. All these materials are before the respondent Nos.1-5 and in all fairness we would expect that after scrutinizing those' papers and documents and the relevant Laws as hinted herein after the respondents will come to a deci..Category: Banking Law | Date: 2 May, 2013 | Hits: 3
Sheikh Shahadat Hossain (Md.) Vs. National Board of Revenue, and others, 2013, 42 CLC (HCD)
....important for the purpose of interpretation of the same and to determine the scope of the said special appellate jurisdiction of the High Court Division. While interpreting those words and other relevant provisions of the said Act, we have to keep in mind some basic presumptions as widely accep......vision in view of sub-section (3) of Section 196G of the said Act. Send down the record of the lower authority. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 522 ......ur Rahman J Hassan Arif J Sheikh Shahadat Hossain (Md.)………………………Appellant Vs. National Board of Revenue and others................Respondents Judgment April 25, 2013. Result: The Custo......vision in view of sub-section (3) of Section 196G of the said Act. Send down the record of the lower authority. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 522 ..Category: Fiscal/Taxation Law | Date: 25 Apr, 2013 | Hits: 2
JIT Knit Composite Ltd Vs. Government of Bangladesh and others, 2013, 42 CLC (HCD)
....45(1) (Ga) (Gha) and 49(Kha) in particular play a pivotal role in this regard. (emphasis supplied) 5. In this context we think it relevant to quote a line from the decision of the ASF Rahman Vs. Bangladesh Bank 20 BID (AD) 32=52 D......in stayed. With this observation and direction the Rule is made absolute. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 480. ......he Rule is made absolute. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 480. ......in stayed. With this observation and direction the Rule is made absolute. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 480. ..Category: Banking Law, Company Law | Date: 25 Apr, 2013 | Hits: 11
....tached therewith. Moreover, the allegation that the commercial description of the imported goods was of acrylic polymer does not lend support from the First Schedule of the Customs Act as well as the relevant column of the CRF certificate.
7. On the other hand Mr. Gautam Kumar Roy, learned Depu......the Commissioner of Customs, Chittagong is set aside.
Communicate the judgment and send down the records.
Mohammad Bazlur Rahman J. - I agree.
Ed.
This Case is also Reported in:
...... Jurisdiction)
Present:
Mohammad Bazlur Rahman J
Md. Ruhul Quddus J
Bureau Veritas (BIVAC) Bangladesh Ltd………………...........Appellant
Vs.
Customs Excise and Vat Appellate Tribunal, Dhaka and others…………...Respondents
Judgment
April 24, ......am Kumar Roy, learned Deputy Attorney General appearing for the respondent submits that the Appellate Tribunal as well as the Commissioner of Customs in passing their respective orders considered the documents available on records. There is no illegality in the impugned orders which can be interfere..
Category: Fiscal/Taxation Law | Date: 24 Apr, 2013 | Hits: 186
Abdul Mukid (Md.) Vs.. Artha Rin Adalat Khulna and another, 2013, 42 CLC (HCD)
....d Court, Khulna being Order No.1 dated 28-7-1993 (Annexure-D to the Writ Petition) should not be declared to have been passed without lawful authority and is of no legal effect. 2. Shorts facts, relevant for the disposal of the rule are that; Respondent No.2, Bangladesh House Building Finance C......d or certificates issued by the said Artha Rin Adalat also resulted in nullity. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 211. ...... (Special Original Jurisdiction) Present: Nazmun Ara Sultana J Sheikh Hasan Arif J Abdul Mukid (Md.)...........................Petitioner Vs. Artha Rin Adalat Khulna and another................Respondents Judgment April 21, 2013 Result: Th......d or certificates issued by the said Artha Rin Adalat also resulted in nullity. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 211. ..Category: Corporate Law | Date: 21 Apr, 2013 | Hits: 4
Bangladesh Inland Water Transport Au¬thority (BIWTA) Vs. Bangladesh & others, 2013, 42 CLC (HCD)
....ind that the instant writ petition is not maintainable. Accordingly, this Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 535 ......granted in favour of respondent No. 8 who has already taken over possession thereof in the meantime. Both the learned Advocates namely, Mr. SM Rezaul Karim and Mr. Ahsanul Karim have placed very many papers in support of their respective ministries over the self same ferry ghat and those have been a...... DLR (HCD) (2013) 535 ......ind that the instant writ petition is not maintainable. Accordingly, this Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 535 ..Category: Constitutional Law | Date: 15 Apr, 2013 | Hits: 3
Iftekharul Karim (Md.) Vs. State, 2013, 42 CLC (HCD)
....not a competent authority to have issued such order under the Rules. The second sanction order dated 7-9-1997 was also issued by an authority, which was not competent to issue the same under the relevant rules, apart from the fact that the same was issued retrospectively w.e.f. 14-9-1994, which......etropolitan Sessions Judge, Dhaka, and learned Special Judge, 3rd Court, Dhaka. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 211. ......t: The Rule is disposed of. Cases Referred to- Sayed Ahmed Vs. the State, 10 DLR (SC) 12; State of Goa Vs. Babu Thomas, (2005) 8 SCC 130; Baij Nath Prashad Tripathi Vs. State of Bhopal and Sudhakar Dube Vs. State of Bhopal PLD 1957 Supreme Court (India) 406. Lawyers Involved: ......etropolitan Sessions Judge, Dhaka, and learned Special Judge, 3rd Court, Dhaka. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 211. ..Category: Criminal Law | Date: 4 Apr, 2013 | Hits: 4
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