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....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
......ner as to its entitlement to the refund of VAT, but it refused to give the relief to the writ-petitioner and even set-aside the order of the Commissioner which allowed refund of Taka 34,94,137 on the view that VAT registration of the writ-petitioner was not cancelled under section 19(1) of the ..
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. ......he judgment and order dated 31-7-2000 passed by a Division Bench of the High Court Division in Criminal Appeal No. 1349 of 1996 allowing the appeal. 3. After conclusion of the appeal hearing the view of the majority members of this Division was to dismiss the appeal. 4. I have had the priv..Category: Criminal Law, Women and Children | Date: 18 Sep, 2013 | Hits: 7
Government of Bangladesh Vs. Md. Abdul Maleque Miah and 7 anothers, 2013, 42 CLC (AD)
....allowed and the impugned judgment and order is set aside with the observations made in the body of the judgment. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 167 ......t officials may wait till such a direction is given by the High Court Division and such a practice will render the Administrative Tribunal an ineffective and useless body. 22. We are of the view that the Administrative Tribunal Act, 1980 ought to be interpreted in such a manner t..Category: Administrative Law, Constitutional Law | Date: 17 Sep, 2013 | Hits: 3
ATM Nazimullah Chow¬dhury Vs. State & another, 2013, 42 CLC (HCD)
....Bangladesh to the UAE at Mangrove village in Abu Dhabi at the enhanced rate of 2,40,000 Dirhams per annum; but strangely enough, the learned trial Judge lost sight of this aspect of the case and erroneously found the appellant guilty of causing financial loss to the extent of 72,000 Dirhams to ......e defence version of the case, if any, due to the abscondence of the accused-appellant. 5. Anyway, after hearing the prosecution and on an analysis of the evidence and materials on record and in view of the facts and circumstances of the case, the learned Special Judge came to the finding ..Category: Criminal Law, Procedural Law | Date: 1 Aug, 2013 | Hits: 5
....hereby declared to have been given without lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 66 DLR (HCD) (2014) 14.
...... reading in draft the judgment proposed to be delivered by my learned brother Mr. M. Moazzam Husain, J. I regret, I could not find myself in agreement with him and with great respect to his lordships view, I would like to pass my own opinion as hereunder.
286. The facts necessary for disposal o..
Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 10
....নোয়ার কবির; ইসলামিক ফাউন্ডেশন কর্তৃক প্রকাশিত, পৃষ্ঠাঃ ৬৮)
(..to be continued at CLC ID ( 9365 )
......writ petition), in brief, are as hereunder:
The Election Commission (hereinafter referred to as "the Commission"), in order to hold a free, fair and credible general election exchanged views with the political parties and stakeholders and recommended to the then Non-Party Caretaker Go..
Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 11
....t of Bangladesh is directed to take steps under section 161(2) of the Income Tax Ordinance, 1984.
S. H. Md. Nurul Huda Jaigirdar J.- I agree.
Ed.
This Case is also Reported in:
......56(6) of the Income Tax Ordinance, 1984 (briefly stated as the Ordinance). The Tribunal upon hearing and on examination of the materials on record by its common order dated 28.10.2003 agreed with the view taken by the AJCT and thereby, uphold his common order.
5. In this backdrop, these four re..
Category: Fiscal/Taxation Law | Date: 31 Jul, 2013 | Hits: 3
Nur Jahan Akhtar Vs. Commissioner of Taxes, 2013, 42 CLC (HCD)
....ngladesh is directed to take steps under section 161(2) of the Income Tax Ordinance, 1984. S. H. Md. Nurul Huda Jaigirdar J. - I agree. Ed. This Case is also Reported in: ......56(6) of the Income Tax Ordinance, 1984 (briefly stated as the Ordinance). The Tribunal upon hearing and on examination of the materials on record by its common order dated 28.10.2003 agreed with the view taken by the AJCT and thereby, uphold his common order. 5. In this backdrop, these four re..Category: Fiscal/Taxation Law | Date: 31 Jul, 2013 | Hits: 2
Syed Raihan Hasan Ali Chowdhury Vs. Syed Hamde Ali Chow¬dhury and others, 2013, 42 CLC (HCD)
....Civil Rule No.905(f) of 2011 is disposed of. Send down the lower Court records at once. Communicate this order at once. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 5. ...... Miscellaneous Appeal No.247 of 2010 submits that the findings of these two judgments in fact decided the suit as not maintainable. 8. We have considered the judgments so referred. We are of the view that the aforesaid two judgments of the High Court Division are not relevant. In 32 DLR ca..Category: Trust/Waqf Law | Date: 29 Jul, 2013 | Hits: 5
Robi Axiata Ltd Vs. First Labour Court Dhaka and others, 2013, 42 CLC (HCD)
....Orders of Stay as initially granted are necessarily recalled and vacated. There are no Orders as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 551 ...... Labour Court, reported in 30 DLR (SC) 251, AK Khan & Co Vs. Chairman, Labour Court reported in 32 DLR 164 and James Finlay and Co. Vs. Chairman 2nd Labour Court reported in 33 DLR (AD) 58 with a view to establishing whether any worker or employee can file proceedings before the Labour Cour..Category: Labour and Industrial Law | Date: 28 Jul, 2013 | Hits: 7
....at the members of the writ petitioner’s Samity are also described in the voters’ list as businessman or farmer. Therefore, the impugned judgment and order directing lease to be granted to them is erroneous.
8. Dr. Md. Ali, the learned Advocate appearing on behalf of the respondent No.1 subm......ce on record. We also find that the voters’ list of the locality shows that the members of the writ petitioner’s Samity are also described variously as businessman/farmer/worker etc.
13. In view of the submissions from the Bar and the evidence pointed out to us, we are of the opinion that ..
Category: Civil Law | Date: 28 Jul, 2013 | Hits: 169
Zahir Fakir (Md.) and oth¬ers Vs. Hahma Khatun and others, 2013, 42 CLC (HCD)
....ecision. The learned Advocate further submits that having regard to the findings of the appellate Court itself and terms of the remand the Court of appeal below committed an error of law resulting in erroneous decision occasioning failure of justice in passing the impugned judgment and decree i...... for an indefinite period which is not the solemn duty of the court more so the impugned order of remand virtually prolonged the early disposal of the suit for an indefinite period. In that view of the matter we observe the impugned Judgment and order as passed by the Joint District Judge,..Category: Property Law | Date: 25 Jul, 2013 | Hits: 6
Younusuzzaman (Badal) Vs. State and another, 2013, 42 CLC (HCD)
.... time of issuance of the Rule is hereby vacated. Communicate a copy of this judgment to the court concern immediately. Borhanuddin J.-I agree. Ed. This Case is also Reported in: ......riminal Procedure cannot decide the factual aspect of the case. We cannot decide the factual aspect of the case, the question of facts will be decided in the trial court. We find support of the above view in the case of Nizamuddin Mahmood Vs. Abdul Hamid Bhuiyan and another reported in 60 ..Category: Criminal Law | Date: 25 Jul, 2013 | Hits: 140
Chow Wen Chang and others Vs. SF Winsome Fashion Ltd. and others, 2013, 42 CLC (HCD)
....The respondent No.3 is directed to pay cost of Taka 50,000 to petition No.1 and Taka 50,000 to petitioner No. 2 within 30 days. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 584. ......ore the Notary Public, Gazipur and, as such, it is apparent that the annexed Power of Attorney dated 29-10-2011 (Annexure-E) is a false and fabricated Power of Attorney; that it is stated that with a view to increase the financial strength of the respondent No.1 company the directors of the responde..Category: Company Law | Date: 24 Jul, 2013 | Hits: 10
....respondents No.2-4 treating the same as a proper miscellaneous case after hearing both sides forthwith.
Communicate at once.
Ed.
This Case is also Reported in: 66 DLR (HCD) (2013) 1.
......of this kind can also be restored without deciding the question of knowledge in a given situation.
(All the underlining! are mine to add emphasis)
14. That being the position, we are of the view that the Adalat has committed wrong in passing the impugned orders without deciding the questio..
Category: Banking Law | Date: 24 Jul, 2013 | Hits: 10
Sarwar Hossain Moni (Md.) Vs. State and another, 2013, 42 CLC (AD)
....iewed in affirming the judgment and order passed by the High Court Division and accordingly, both these petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 283. ......hellip;…………Respondents (In both cases) Judgment July 24, 2013. Result: The petitions are dismissed. It is true that in the judgment sought to be reviewed, there had been no detailed discussions as to the point raised before the High Court Division..Category: Criminal Law | Date: 24 Jul, 2013 | Hits: 8
Mati alias Md. Matiar Rahman Vs. State, 2013, 42 CLC (AD)
.... the High Court Division. 9. In view of the provisions of the Penal Code quoted above, a sentence of imprisonment of twenty years under the first part of section 304 of the Penal Code is palpably erroneous. If life imprisonment is not awarded, the maximum term of imprisonment that may be imposed...... means 30 years as per ordinance XLI/85) or imprisonment extending to 10 years and the High Court Division was pleased to award the sentence of 20 years not provided by section 304 part I and in that view of the matter the impugned judgment and order of sentence is bad in law and is liable to be set..Category: Criminal Law | Date: 23 Jul, 2013 | Hits: 88
....e benefits to the petitioners counting their service period in the development project.
There will be no order as to costs.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 157
......ces in the development project as per Rule 6 of the 2005 Rules. The Deputy Chief Accounts Officer, Ministry of Health and Family Welfare however informed the petitioners' higher authority that in view of Memo No. AoMo/Abi(Basta-4)/Bibidh-20 (U. Scale)/07/47 dated 24-3-2008 issued by the Ministry..
Category: Administrative Law, Employment/Service Law | Date: 8 Jul, 2013 | Hits: 3
Ayurvedia Pharmacy (Dhaka) Ltd. Vs. Meher Banu Bibi and others, 2013, 42 CLC (AD)
....in which deserves our interference. In that view of the matter the petition for leave to appeal is hereby dismissed Ed. This Case is also Reported in: 21 BLT (AD) (2013) 229. ......31.7.2006 the plaintiff, the present petitioner preferred the Civil Revision No.3219 of 2006 under section 115(1) of the Code of Civil Procedure, 1908 where the High Court Division also echoed the view of the trial court and discharged the Rule. 4. Thereafter the plaintiff-petitioner has fi..Category: Civil Law | Date: 7 Jul, 2013 | Hits: 13
Zahirul Islam @ Dipu (Md.) Vs. State, 2013, 42 CLC (AD)
....f the Penal Code. The respondent is directed to set them at liberty at once if they are not wanted in any other case. Ed. This Case is also Reported in: 20 BLC (AD) (2015)129. ......place of occurrence together after receiving information from P.W. 9 Jalil. But this witness also did not say the fact of departure of the appellants coming out from the house of Sattar. In view of the testimonies of P.Ws. 3, 5, 6, 7 and 8 the intrinsic reliability of the evidence of P. W...Category: Criminal Law, Evidence Law | Date: 20 Jun, 2013 | Hits: 3
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