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Md. Shafayet Hossain Rana Vs. State and Md. Syed Rejaul Karim Salim, 2014, 43 CLC (HCD)
....dispose of the same expeditiously. Send down the lower Courts’ records and communicate the judgment. Muhammad Abdul Hafiz J.- I agree. Ed. This Case is also Reported in: ......party 1. Criminal Revision No.823 of 2012 with Criminal Revision No. 826 of 2012 Judgment Md.Ruhul Quddus J.- These two Rules between the same parties involving common questions of facts and law have been heard together and are being disposed of by one judgment. ...... Criminal Revision No.823 of 2012 with Criminal Revision No. 826 of 2012 Judgment Md.Ruhul Quddus J.- These two Rules between the same parties involving common questions of facts and law have been heard together and are being disposed of by one judgment. 2. The Rule i..Category: Civil Law | Date: 21 Jan, 2014 | Hits: 111
Abdul Hakim (Md.) Vs. Md. Nazrul Islam and others, 2014, 43 CLC (AD)
....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. ......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. ...... in Miscellaneous Appeal No.66 of 2002 reversing the judgment and order dated 22-5-2002 passed by the learned Senior Assistant Judge, Nandail, Mymensingh in Pre-emption Case No-5 of 2000. 2. The facts, leading to the filing of this civil petition for leave to appeal, in a nutshell, are: Th..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 ......ared in person when his revisional application was moved. Clearly the High Court Division ought not to have considered his petition as he was undoubtedly a fugitive from justice. Hence, the question of issuing any Rule did not arise. 10. In the facts and circumstances, we are of ......24-3-2003 passed by a Division Bench of the High Court Division in Criminal Revision No. 227 of 2003 granting ad interim bail to the petitioner, Dr. Fazlur Rahman respondent herein. 2. The facts in brief are as follows: Dr. Fazlur Rahman, respondent herein, was accused in Metrop..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. ......n under section 160 of the Income Tax Ordinance before the High Court Division stating that the Taxes Appellate Tribunal has illegally fixed gross profit at the rate of 20% instead of 11.77% the question of law under reference was couched in the following terms: "Whether in the facts ...... by leave, is directed against the judgment and order dated 25-3-2001 passed by a Division Bench of the High Court Division in Reference Application No.43 of 1997 rejecting the reference. 2. The facts of the case, in brief, are that the appellant filed return for the assessment year 1991-92 sho..Category: Fiscal/Taxation Law | Date: 5 Jan, 2014 | Hits: 11
BRAC Bank Ltd Vs. Multimode Ltd, 2013, 42 CLC (HCD)
....e result, this appeal is dismissed. No costs. Connected Civil Rule No. 395(f) of 2012 is accordingly discharged. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 48 ......cancellation of the contract, cancellation having been done in accordance with the terms of the agreement and being in exclusive jurisdiction of the defendant, as such termination cannot be called in question. Learned Advocate further submits that in the termination letter plaintiff was not given an...... of the agreement has no legal right to file the suit. Learned Advocate further submits that the decision relied by the learned Judge in arriving at the decision have no mariner of application on the facts of the given case. 9. Mr. Raghib Rouf Chowdhury, learned Advocate, appearing for the plai..Category: Contract Law | Date: 12 Dec, 2013 | Hits: 0
Abdul Quader Mollah Vs. Chief Prosecutor, International Crimes, Tribunal, Dhaka, 2013, 42 CLC (AD)
.... 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. ......n appeal. It is because a vested right in the categories of the persons mentioned in section 21 to avail of the remedy of appeal is given. This is a statutory right and the appeal is one in which the question will be whether the judgment of the Tribunal from which the appeal is sought was right on t...... behaviour is guided by reason and purpose and seldom bizzare. It is, therefore, necessary to apply the principles of logic, both deductive and inductive, particularly in excluding from consideration facts and circumstances which are not relevant for determination of issues raised. ("The R..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. ...... 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. ......by leave, is directed against the judgment and order dated 2-7-2003 passed by a Division Bench of the High Court Division in Criminal Appeal No. 2907 of 1999 allowing the appeal. 2. The relevant facts are as follows: The Appellant was the Tahsildar-in-charge of Majenpur, Tahsil Office from..Category: Anti-Corruption Laws, Criminal Law, Procedural Law | Date: 3 Dec, 2013 | Hits: 26
Sheikh Md. Rafiqul Islam (Babul) Vs. Manager, Uttara Bank Limited and others, 2013, 42 CLC (HCD)
....s set-aside. The trial Court is directed to proceed with the suit immediately in accordance with law. Communicate at once. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 131. ......m nonjudice. Further publication of the notice which is under challenge also cannot be sustained. 11. Be that as it may we are not required to dwell upon the other points with emphasis since the question of Coram non judice as already discussed has been well proved. That being the posi......s set-aside. The trial Court is directed to proceed with the suit immediately in accordance with law. Communicate at once. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 131. ..Category: Administrative Law, Banking Law | Date: 20 Nov, 2013 | Hits: 6
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: ......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: ......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
......ter to be referred as the Act, 2006) impleading the present petitioners as second party praying for a declaration that second party-petitioners had no authority to hold election of the trade union in question to be held on 15-10-2011 stating inter alia that as per article 23 of the constitution of t......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
..
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)
....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. ...... lies against the order impugned before the High Court Division and that availability of alternative remedy by way of revision will not stand in the way of invoking writ jurisdiction raising purely a question of law or interpretation of statute and, as such, the impugned judgment should be set-aside......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..Category: Civil Law | Date: 17 Nov, 2013 | Hits: 17
Golam Sarwar Vs. Commissioner of Taxes, 2013, 42 CLC (HCD)
....he appeals and affirmed the order of the AJCT by a consolidated order dated 9-9-2003. 6. In the above backdrop, these three income tax reference applications have been filed posing the following identical questions for answers by the court: (a) Whether on the facts and circumstances of the......da Jaigirdar J 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) ...... 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..Category: Fiscal/Taxation Law | Date: 14 Nov, 2013 | Hits: 4
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. ...... we find that the learned Advocate for the petitioners has not raised this question before the High Court Division. Therefore, the High Court Division did not have the opportunity to address the question now raised by the learned Advocate for the petitioners. 15. The findings arrived at an...... 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...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. ......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. ......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 ..Category: Civil Law | Date: 10 Oct, 2013 | Hits: 33
SM Redwan Vs. Md. Rezaul Islam and others, 2013, 42 CLC (AD)
....urt Division and obtained Rule and the said Rule was ultimately made absolute. Then the complainant preferred this appeal getting leave. 5. In Criminal Appeal No.31 of 2004, the facts are almost identical. The respondent Rezaul Islam issued Cheque No.3114708 on 14-3-1999 for a sum of Taka.4, 00......urt Division in Criminal Miscellaneous Case Nos.2788 of 2000 and 5752 of 1999. Judgment Hasan Foez Siddique J. - These two appeals being Criminal Appeal Nos.30 and 31 of 2004 involve a pure question of law as to the applicability of section 138 of the Negotiable Instruments Act, 1881 ......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..Category: Criminal Law, Others | Date: 9 Oct, 2013 | Hits: 12
....costs. The order of stay granted earlier is vacated.
Communicate a copy of the judgment to the bank concerned at once.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 50.
...... giving a reasonable time to the borrower asking him whether he (the borrower) is willing or agreed to purchase and or take delivery of the property at a price quoted by the bidders and avoiding question of arbitrariness to be raised at any subsequent point of time. But in the instant case the ......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..
Category: Others, Procedural Law | Date: 8 Oct, 2013 | Hits: 8
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 ......s: "Of course the source of the power will often, perhaps usually, be decisive. If the source of the power is a statute, or subordinate legislation under a statute, then clearly the body in question will be subject to judicial review. If, at the other end of the scale, the source of power ......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..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. ......red cheque and also for declaration that he (the complainant) was not entitled to encash the cheque given by him on 16-1-2011, so in all fairness, the further proceedings of the Sessions case in question ought to have been stayed till the disposal of the money suit which is till pending, b...... 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 ..Category: Criminal Law | Date: 3 Oct, 2013 | Hits: 5
AA Engineering Limited Vs. University of Khulna, 2013, 42 CLC (AD)
....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. ......f ejusdam generis to mean a direct tax of the kind similar to income tax and super tax and the High Court Division committed error of law in holding otherwise." 11. Before addressing the questions raised in this appeal, it is necessary to go through the material finding of the High...... 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..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)
....evidence within 2(two) months from the date of receipt of this judgment, order. Communicate the judgment and order at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 110 ......evidence within 2(two) months from the date of receipt of this judgment, order. Communicate the judgment and order at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 110 ......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..Category: Civil Law, Procedural Law | Date: 26 Sep, 2013 | Hits: 3
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