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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: ...... (Special Original Jurisdiction) Present: Farah Mahbub J AKM Zahirul Hoque J Md. Nuruzzaman (Noni)………………………Petitioner Vs. Government of Bangladesh and others……Respondents Judgment November 20, 2013. Result: The Rule is dis......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
....y;ever, without any order as to costs. BLA Case No. 1534 of 2011 pending before the First Labour Court, Dhaka is hereby quashed.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 313
......R (HCD) (2015) 313
......on on maintainability, considering the only ground as to the resignation of the first party respondent and took the view that all the points raised cannot be adjudicated without taking evidence.
8. The labour Court, however, did not consider the other points raised by the se..
Category: Labour and Industrial Law | Date: 18 Nov, 2013 | Hits: 5
Abdul Momen Bhuiyan and others Vs. District Judge, Dhaka and others, 2013, 42 CLC (AD)
....civil petition for leave to appeal is directed against the judgment and order dated 21-7-2011 passed by the High Court Division in Writ Petition No.6385 of 2010 discharging the Rule. 2. The facts relevant for the purpose of disposal of this civil petition for leave to appeal, in a nutshell...... ......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)
.... The appeals are remanded to the Tribunal to decide part of question (a) in the light of observations made in the judgment. Questions formulated for determination: (a) Whether on the facts and circumstances of the case, the learned Appellate Tribunal, Chittagong Division Bench, Chit...... Golam Sarwar......................Appellant VS. Commissioner of Taxes....................Respondent Judgment November 14, 2013 Result: No answers to questions (b) and (c). The appeals are remanded to the Tribunal to decide part of question (a) in the light o......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 ..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 ......- Hasanuddin Sarker Vs. State, 34 DLR 287; Kazi Ahammad Bazlul Karim Vs. State, 11 BLC 60; Abdul Bari Vs. State, 3 BLC 474; Habibur Rahman Mollah Vs. State, 61 DLR. Lawyers Involved: Khandhar Mahbub Hossain with Md. Shah Alam, Advocates—For the Appellant. Md. Abdul Hai, DAG......rge of criminal misappropriation of money in the context of period from 13-4-1988 to 28-2-1990 is hit by section 222(2) of the Code of Criminal Procedure. He further adds that it is a case of no evidence and in spite of that the learned Judge of the trial Court attributed the order of convictio..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)
.... decree dated 20-11-2000 and final decree dated 18-10-2003 passed by the learned Acting Senior Assistant Judge, Fifth Court, Chittagong in Partition Suit No.84 of 1999 decreeing the same. 2. The facts, in a nutshell, are that the plaintiff instituted a suit for partition against the defendants.......o Reported in: 66 DLR (AD) (2014) 98. ......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)
....itle Suit No.103 of 2004 renumbered as Title Suit No.2725 of 2008 and directing the petitioner (decree-holder) to hand over the possession of the suit land to respondent No.1 immediately. 2. The facts leading to this petition for leave to appeal, in a nutshell, are: Respondent No.1 as 3rd ......;.Respondents Judgment October 10, 2013 Result: The civil petition is dismissed. Lawyers Involved: Abdul Wadud Bhuiyan, Senior Advocate, AJ Mohammad Ali, Senior Advocate and Quamrul Islam Siddique, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record&mda......rs and that the 3rd party willingly vacated the suit land as per direction of the Court and that the decree-holder was then put in possession of the suit land. In spite of its failure to consider the evidence of the witnesses the trial Court found the story of the possession and dispossession o..Category: Civil Law | Date: 10 Oct, 2013 | Hits: 33
SM Redwan Vs. Md. Rezaul Islam and others, 2013, 42 CLC (AD)
....n in Criminal Miscellaneous Case No.5752 of 1999 quashing the proceeding t of CR Case No.2337 of 1999 initiated on a comlplaint under section 138 of the Act. 4. In Criminal Appeal No.30 of 2004, facts; relevant for the disposal of the appeal are that the respondent No.1 (hereinafter referred to......Abdul Wahhab Miah J Hasan Foez Siddique J SM Redwan………………...............Appellant (In Criminal Appeal No.30 of 2004) Vs. Md. Rezaul Islam and others........…Respondent (In both the cases) Judgment Octob...... the facts and circumstances of the case and the law on the subject we are of the view that the High Court Division committed an error of law in quashing the instant proceedings before recording evidence to ascertain whether there was any dishonest intention of the respondents to defraud the ap..Category: Criminal Law, Others | Date: 9 Oct, 2013 | Hits: 12
....n 4-5-2009 through Executive Magistrate Mr. Md. Azad Jahan, Gaibandha.
10. The Respondents assert that given the petitioner filed the petition after two years of auction sale by suppressing real facts, the Rule is by that reason liable to be discharged. By filing 'another supplementary affi......tion)
Present:
Syed Refaat Ahmed J
Mahmudul Hoque J
Proshanta Kumar Sarkar....................Petitioner
Vs.
Managing Director, Agrani Bank Ltd Head Office and others..........Respondents
Judgment
October 8th, 2013.
Result...... stated that in the auction 3 bidders participated, namely, Mst. Rosna Khatun, Md. Abu Bakkar Siddique and Md. Nur Alam, Among the bidders the quotation of Rosna Khatun was accepted as the highest as evidenced from Annexure 5 series and it is also asserted that the auction purchaser got delivery of ..
Category: Others, Procedural Law | Date: 8 Oct, 2013 | Hits: 8
Moulana Abdul Hakim (Md.) Vs. Government of Bangladesh and others, 2013, 42 CLC (HCD)
....matter of "fact and degree" being a determinant of the public element of any ostensible private authority's operational ambit has struck a chord with this Court in delving into the facts and issues raised in this writ petition. In that regard, this Court has had to examine the ext......n (Special Original Jurisdiction) Present: Syed Refaat Ahmed J Md. Ashraful Kamal J Moulana Abdul Hakim (Md.)...............Petitioner Vs. Government of Bangladesh and others..............Respondent Judgment October 3, 2013 Result: The Rule is ......serve of the state under Articles 15(a) and 17 of the Constitution to ensure and provide education. The Respondent No. 10 chairman, resultantly, finds himself as part of a statutory regulatory regime evidenced in the ordinance, the 1979 Rules and 2009 Regulations, discharging functions for and ..Category: Administrative Law, Constitutional Law | Date: 3 Oct, 2013 | Hits: 2
Ahmed Lal Mia Vs. State and another, 2013, 42 CLC (AD)
.... of the said money suit, we are inclined to dwell upon the point and answer the same though the point was abandoned at the time of hearing of the Rule before the High Court Division. 7. From the facts as disclosed in the petition of complaint, it appears that a cheque was issued by the accused ......ain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Mian J Hasan Foez Siddique J AHM Shamsuddin Chowdhury J Ahmed Lal Mia............................Petitioner Vs. State and another ………………………..Respondents ......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)
.... leave, by the appellant, arises out of the judgment and order dated 6-11-2001 passed by a Division Bench of the High Court Division in Writ Petition No.3426 of 1999 discharging the Rule. 2. The facts involved in this appeal, in brief, are: The appellant is a construction firm which succes......Md. Anwarul Haque J AA Engineering Limited……………………........Appellant Vs. University of Khulna, represented by its Vice-Chancellor and others……….Respondents Judgment October 3, 2013. Result: ......thout deducting therefrom any amount on account of VAT. Khulna University is under the obligation to pay VAT in the instant case. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 19. ..Category: Fiscal/Taxation Law | Date: 3 Oct, 2013 | Hits: 28
Satsang Bangladesh, D. Pakutia Vs. People’s Republic of Bangladesh and others, 2013, 42 CLC (HCD)
....unction under Order XXXIX, rules 1 and 2 of the Code of Civil Procedure should not be set-aside and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. The facts leading to the issuance of the Rule in a nutshell can be stated thus, that the plaintiff-appel......Civil Revisional Jurisdiction) Present: Soumendra Sarker J Satsang Bangladesh, D. Pakutia.............Plaintiff-Appellant-Petitioner Vs. People’s Republic of Bangladesh and others.......Defendant-Respondent- Opposite Parties Judgment September 26, 2013. ...... effect and considering all these aspects both the Courts below rightly held that the application for temporary injunction is liable to be rejected. There is no misreading or non-reading of evidence and non-consideration of material fact resulting in an error in the decision occasioni..Category: Civil Law, Procedural Law | Date: 26 Sep, 2013 | Hits: 3
Bakhrabad Gas System Limited Vs. Al Masud-ar-Noor and others, 2013, 42 CLC (AD)
.... and order dated the 21st day of November, 2011 passed by the High Court Division in Writ Petition Nos.8079 and 9063 of 2010). Judgment Md. Abdul Wahhab Miah J. - These two leave petitions, facts are similar and common of question law being involved, have been heard together and are dispos......l Hossain CJ Surendra Kumar Sinha J Md. Abdul WahhabMiahJ Hasan Foez Siddique J Bakhrabad Gas System Limited..............................Petitioner Vs. Al Masud-ar-Noor and others.................................Respondents Judgment September 26, 2013. R......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. ..Category: Employment/Service Law | Date: 26 Sep, 2013 | Hits: 12
....ition filed by the respondents have not been included). However, from the impugned judgment and order, it appears that in the affidavit-in-opposition filed by the Commissioner, he reiterated the facts as stated in the show cause notice dated 23-4-2003. In the affidavit-in-opposition filed by th......Appellate Division
(Civil)
Present:
Md. Muzammel Hossain CJ
Md. Abdul Wahhab Miah J
Syed Mahmud Hossain J
AHM Shamsuddin Chowdhury J
Commissioner of Customs, Excise and VAT………………Petitioner
Vs.
Appollo Steel Mills ......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
..
Category: Fiscal/Taxation Law | Date: 24 Sep, 2013 | Hits: 9
State Vs. Mostafizur Rahman and another, 2013, 42 CLC (AD)
.... learned brother Mr. Justice Mohammad Anwarul Haque. Since I could not agree with the reasoning and findings as disclosed in the majority judgment, I propose to express my own views. 5. The facts of the case have been narrated in the judgment of my learned brother Mohammad Anwarul Haque, J...... Siddique J State……………………………………………Appellant Vs. Mostafizur Rahman and another...........Respondents Judgment September 18, 2013 Result: The appeal......isonment for 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 ..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)
.... and 4107 of 2000 making the Rules absolute. 2. These appeals have been heard together and are being disposed of by this common Judgment as they do involve common questions of laws and facts. Respondent No.1 of all these appeals filed 8 writ petitions seeking certain directions u......Kumar Sinha J Md. Abdul Wahhab Miah J AHM Shamsuddin Choudhury J Government of Bangladesh...... Appellant (In all the appeals) Vs. Md. Abdul Maleque Miah and 7 another.........Respondent Judgment ......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 ..Category: Administrative Law, Constitutional Law | Date: 17 Sep, 2013 | Hits: 3
ATM Nazimullah Chow¬dhury Vs. State & another, 2013, 42 CLC (HCD)
....rsion 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 that the pro......ppeal is dismissed. Cases Referred to- Abdul Bari Mollah Vs. State, 3 BLC 474; Abul Khair Vs. State, 58 DLR 500; Abul Kalam Azad Vs. State, 48 DLR 294; Moslem Ali Mollah alias Moslem Mollah and others Vs. State, 48 DLR 427 and Mansur Ali Vs. State, 39 DLR 184; Khondker Moshtaque Ahmed Vs. ...... 4. We are quite in the dark about the 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 le..Category: Criminal Law, Procedural Law | Date: 1 Aug, 2013 | Hits: 5
....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 of the Rule, as has been stated by the petitioners, in brief, is that t......Court
High Court Division
(Special Original Jurisdiction)
Present:
M Moazzam Husain J
Quazi Reza-ul Hoque J
M Enayetur Rahim J
Maulana Syed Rezaul Haque Chadpuri and others .................Petitioners
Vs.
Bangladesh Jamaat-e-Islami and others…&......bvert State machinery and the system of constitutional governance of the Republic in the light of BJI's own interpretation of Islam, which the petitioners reject and BJI's version of Islam as evidenced from its constitution is a clear and blatant violation of Preamble, Article 7, 1..
Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 10
....isqualification clauses of the RPO has also been given registration by the Commission. The petitioners chose not to challenge the registration of Khelafat Andolon either. This non-mention of material facts, let alone the pick and choose made, he insisted, constitutes gross suppression of material fa......Court
High Court Division
(Special Original Jurisdiction)
Present:
M Moazzam Husain J
Quazi Reza-ul Hoque J
M Enayetur Rahim J
Maulana Syed Rezaul Haque Chadpuri and others .......Petitioners
Vs.
Bangladesh Jamaat-e-Islami and others……&he......ry intention appearing in law, such interpretation of limitation clauses is bound to lead to absurdity. Firstly because, the authority in seisin of the matter in such cases will find itself bereft of evidence as to time the document was filed. Secondly, it would be difficult for the authority to tak..
Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 11
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