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....peal No. 48 of 2012 is allowed so far as it relates to respondent No. 9 Md. Saiful Alam Khondker and dismissed against the rests.
Ed.
This Case is also Reported in: 67 DLR (AD) (2015) 257
......peal No. 48 of 2012 is allowed so far as it relates to respondent No. 9 Md. Saiful Alam Khondker and dismissed against the rests.
Ed.
This Case is also Reported in: 67 DLR (AD) (2015) 257
......Appeal No. 47 of 2012 is dismissed
Civil Appeal No. 48 of 2012 is allowed
Constitution of Bangladesh, 1972; Article 102(2)
Whether employees who opted for voluntary retirement pursuant to or in response of a special scheme floated by the Bangladesh Agricultural Development Corporation...... 52 of 2010 and Writ Petition No. 2331 of 2009.)
Judgment
Hasan Foez Siddique J. - Civil Appeal Nos. 45 to 48 of 2012 have been heard together. Since all the appeals raised common points of law, they are being disposed of by this single judgment.
2. The common question in these appeal..
Category: Administrative Law, Employment/Service Law | Date: 2 Feb, 2014 | Hits: 9
Shafique Ahmed Vs. Md. Abdul Latif Bhuiyan, 2014, 43 CLC (HCD)
....d 20-3-2011. 3. The only point for determination in this Rule is whether the Court of Appeal below committed any error of law resulting in any error in its decision occasioning a failure of justice. 4. Mr. MA Qayyum Khan, learned Advocate appearing on behalf of the defendant-appellant......ivil nature of which the value does not exceed thirty thousand Taka shall be cognizable by a Court of Small Causes. The learned Judge of that Court was conscious of the valuation of the suit and accordingly he dealt with the matter as a Title Suit and not as a Small Cause Court suit. As a natur...... Judgment January 30, 2014. Result: The Rule is made absolute. Small Causes Court Act (IX of 1887); Section 15(2) (3) Jurisdiction of Small Causes Court— Subject to the exceptions specified in the second schedule and to the provisions of any enactment ......ained the instant Rule against the impugned judgment and decree dated 20-3-2011. 3. The only point for determination in this Rule is whether the Court of Appeal below committed any error of law resulting in any error in its decision occasioning a failure of justice. 4. Mr. MA Qayyum K..Category: Civil Law, Others | Date: 30 Jan, 2014 | Hits: 4
....aking the classification. A classification is reasonable if it aims at giving special treatment to a backward section of the population; it is also permissible to deal out distributive justice by taxing the privileged class and subsidizing the poor section of people. What is of fundam......ing those in government) are considered equally subject to publicly disclosed legal codes and processes.
15. In 1607, English Chief Justice Sir Edward Coke said in the Case of Prohibitions (according to his own report) [1607] EWHC J23 (KB) that:
"the law was the golden met-wand a......s
Vs.
Hon'ble Speaker, Bangladesh Jatiyo Sangsad and others..............Respondents
Judgment
January 30, 2014.
Result:
The Rule is made absolute.
Case Referred to-
Jibendra Kishore Vs. East Pakistan, 9 DLR (SC) 21; Sheikh Abdus Sabur Vs. Returning Officer......nstitution of the Peoples' Republic of Bangladesh, is preferred by an organization in the name & style the Human Rights and Peace for Bangladesh in brief "HRPB") and some prasticing lawyers of this Court. The petitioner have challenged the section 32Ka of the Anti Corruption Commis..
Category: Anti-Corruption Laws | Date: 30 Jan, 2014 | Hits: 5
Lakshmi Bala Sen and others Vs. Tarun Tapan Dutta @ Tapan Kumar Dutta and others, 2014, 43 CLC (AD)
....he matter, we do not find any substance in this appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 162. ......ad his heirs: Munsur Ali and others, (1992) 44 DLR (AD) 83. 10. Mr. Abdul Wadud Bhuiyan, learned Senior Advocate, appearing on behalf of the plaintiff-respondent, on the other hand, submits that according to section 95A of the State Acquisition and Tenancy Act, the transaction is a complete usu......ts Judgment January 30, 2014. Result: The appeal is dismissed. When a property sold with a condition of repurchase in the same deed in that event a question may arise as to whether the transaction is a mortgage or an out and out sale has to be determined on seven tests ...... defendants (appellants herein) under section 95 of the State Acquisition and Tenancy Act to restore possession to the plaintiff by 10-3-1974. Meanwhile, the High Court Division declared the relevant law as illegal and void and, as such, the plaintiff has subsequently instituted the present suit for..Category: Tenancy Law | Date: 30 Jan, 2014 | Hits: 15
Mortuz Ali Khalifa Vs. Jobeda ® Kalu Bibiand others, 2014, 43 CLC (AD)
....ereby direct the trial Court to conclude the, trial expeditiously, preferably within 6 months of receiving a copy of this judgment. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 3 ......iled Civil Petition for Leave to Appeal No.129 of 2007. Leave was granted by this Division to consider whether "while the learned Court below allowed the petitioner to file written statement and accordingly he filed the same so, he accrued the legal right for cross-examining the plaintiffs'......ord—For the Appellant. None Represented—For Respondents. Recall the plaintiffs' witnesses for cross-examination It is a cardinal principle of law that every party to litigation must be given opportunity to place his case with relevant evidence. It is also an...... Ali, Advocate-on-Record—For the Appellant. None Represented—For Respondents. Recall the plaintiffs' witnesses for cross-examination It is a cardinal principle of law that every party to litigation must be given opportunity to place his case with relevant evidenc..Category: Civil Law | Date: 29 Jan, 2014 | Hits: 1
....anded to the High Court Division to dispose of the appeal on merit afresh. This petition is disposed of.
Ed.
This Case is also Reported in: 66 DLR (AD) (2014) 185.
......anded to the High Court Division to dispose of the appeal on merit afresh. This petition is disposed of.
Ed.
This Case is also Reported in: 66 DLR (AD) (2014) 185.
......nbsp;
Result:
This petition is disposed of.
Section 27 is an independent provision and for initiation of a proceeding against any person under the provision, no notice is required to be served. If the prosecution can establish that any person has acquired or amassed wealth which ......on set-aside the conviction and sentence and also set-aside the order of confiscation of the property mainly on the reasonings that the Commission was not properly constituted in accordance with law from 2nd February 2007 to 24 February, 2007 and in view of non-constitution of the C..
Category: Anti-Corruption Laws | Date: 27 Jan, 2014 | Hits: 9
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: ......and discharged opposite party 2 from the cases without any discussion on the point raised in the application for discharge, but on a different ground that the cheques were account payee cheques which according to section 123A of the Negotiable Instrument Act did not fall within the definition of Neg...... Station-Paltan,District-Dhaka…………..Petitioner (In both the revisions) Vs. The State and Md. Syed Rejaul Karim Salim,son of late Abdur Rauf and the Managing Director, Gomati Housing Ltd. HouseNo.38 (1st Floor) Road No.5, Block-G, Police Station-Banani,District- ......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 in Criminal..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. .......Petitioner Vs. Md. Nazrul Islam and others………………….Respondents Judgment January 20, 2014. Result: The petition for leave to appeal is dismissed. A pre-emptor must not only have a subsisting interest in the holdi...... with approval in the case of Md. Mofizuddin Vs. Abdul Hakim, 33 DLR (AD) 305. The findings arrived at and the decision made by the High Court Division having been made on proper appreciation of law and fact do not call for interference. Accordingly, this civil petition for leave to appeal is d..Category: Property Law | Date: 20 Jan, 2014 | Hits: 44
State Vs. Dr. Fazlur Rahman, 2014, 43 CLC (AD)
....ingly allowed. No Court of law can give any protection or entertain any application by a person Fugitive from Justice An accuse person who avoids the process of any court is a fugitive from justice and can not seek justice without surrendering before a court of law. A man who seeks ju......……Appellant Vs. Dr. Fazlur Rahman……………………Respondent Judgment January 15, 2014 Result: The appeal is accordingly allowed. No Court of law can give any protection or entertain any application by a ...... the process of any court is a fugitive from justice and can not seek justice without surrendering before a court of law. A man who seeks justice from the Court of law must come before the Court to agitate his grievance and must surrender first to the process of justice, otherwise he remains to...... Dr. Fazlur Rahman……………………Respondent Judgment January 15, 2014 Result: The appeal is accordingly allowed. No Court of law can give any protection or entertain any application by a person Fugitive from Justice An a..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. ......h is fully in accordance with the decision reported in 34 DLR (AD) 298, mentioned above. We do not find any illegality or infirmity in the impugned judgment and order of the High Court Division, accordingly, the appeal is dismissed without however any order as to costs. Ed. This ...... Commissioner of Taxes...................................Respondent Judgment January 5, 2014. Result: The appeal is dismissed. Cases Referred to- Commissioner of Income Tax A-Range, Chittagong Vs. Harendra Kumar Shil, 34 DLR (AD) 298. ......ion 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 and circumst..Category: Fiscal/Taxation Law | Date: 5 Jan, 2014 | Hits: 11
BRAC Bank Ltd Vs. Multimode Ltd, 2013, 42 CLC (HCD)
....the contract. Court's decree necessary.' 10. Learned Advocate next relied on the case of Government of Bangladesh Vs. Md. Tajul Islam, 49 DLR (AD) 177, wherein on the question natural of justice, the Appellate Division held as 'it is well settled that a show cause notice is not a te......ndant dated 20th October, 2003. Under section 18A of the Foreign Exchange Regulations Act, 1947, defendant required permission from Bangladesh Bank to be an agent of a foreign company. Plaintiff accordingly managed the permission letter from Bangladesh Bank. Plaintiff as per terms of the agreem......hellip;………………………...........Respondent Judgment December 12, 2013 Result: The appeal is dismissed. Case Referred to- Kanchan Mala Bepari Vs. Ananta Kumar Bepari, 6 DLR 254 Government of Bangladesh Vs. Md. Taj......d all the responsibilities and obligations imposed upon by virtue of contract dated 20-10-2003 confirmed in clause 12 that the plaintiff and the defendant were intended to carry out the contract most lawful way and they were committed to change any unlawful or unenforceable provisions which might pu..Category: Contract Law | Date: 12 Dec, 2013 | Hits: 0
Abdul Quader Mollah Vs. Chief Prosecutor, International Crimes, Tribunal, Dhaka, 2013, 42 CLC (AD)
....asonable delay in the disposal of a case. Section 13 of the Act restricts adjournment of the trial of a case unless the Tribunal is of the opinion that the adjournment is necessary in the interest of justice, that is to say, the Tribunal shall not allow any unnecessary adjournment of the trial of a ......rigorous imprisonment in respect of charge Nos.1, 3 and 5 and imprisonment for life in respect of other counts. It, however, found the petitioner not guilty of charge No.4 and acquitted him accordingly. 4. This Division upon hearing the appeals held that Criminal Appeal No.24 of 2013 ...... AHM Shamsuddin Choudhury J Abdul Quader Mollah .....................Petitioner (In both the cases) Vs. Chief Prosecutor, International Crimes, Tribunal, Dhaka...........Respondent (In both the cases) Judgment&nb......ent of Mirpur Bangla College; charge No.2 was for the murder of poet Meherunnessa and other members of her family; charge No.3 was for the killing of Khandaker Abu Taleb, an imminent journalist and a lawyer, who is a resident of Section-1, Block-D, Road No.2, Plot No.13, Mirpur; charge No.4 was rela..Category: International Crimes Tribunal Law | Date: 12 Dec, 2013 | Hits: 15
State Vs. Md. Ibrahim Ali, 2013, 42 CLC (AD)
....ely section 6(1B) of the Criminal Law Amendment Act, 1958 which allows trial of an accused in respect of more offences than one in one trial for all such offences, has resulted in miscarriage of justice. 8. The learned Deputy Attorney-General, Mr. Biswajit Deb Nath appearing on behalf of t...... 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. ......d. Ibrahim Ali…………..............Respondent Judgment December 3, 2013. Result: The appeal is allowed. Cases Referred to- Md. Abdul Bari Molla Vs. State, 17 BLD (1997) 223 = 3 BLC 474; Md. Nizamuddin Dali Vs. Stat......ourt may alter or add to any charge at any time before judgment is pronounced. (2) Every such alteration or addition shall be read and explained to the accused." 12. The requirement of law is therefore that if and when charge is altered or added at any time before judgment is pronounc..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)
....f evidence is narrower than that in an appeal. It is also difficult to interfere with a judgment and order of acquittal, unless there is non-consideration or misreading of evidence, or miscarriage of justice arising out of misconception of law, gross procedural irregularities and apparent harshness ...... 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: ......pposite Parties Judgment November 21, 2013. Result: The Rule is discharged. In a criminal revision the scope of reassessment of evidence is narrower than that in an appeal. It is also difficult to interfere with a judgment and order of acquittal, unless there is non-consideration or misreading......ppeal. It is also difficult to interfere with a judgment and order of acquittal, unless there is non-consideration or misreading of evidence, or miscarriage of justice arising out of misconception of law, gross procedural irregularities and apparent harshness of treatment. Generally an accused enjoy..Category: Procedural Law | Date: 21 Nov, 2013 | Hits: 24
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. ......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. ......ers..........Respondents Judgment November 20, 2013 Result: The Rule is made absolute. Artha Rin Adalat can only be constituted by Joint District Judge alone. According to section 4, sub-section 7 of the the Artha Rin Adalat Ain, 2003, due to illness or for any ot......so far as it relates to constitution of the Artha Rin Adalat at Chittagong by the respondent No. 3, Additional District Judge Mr Sharif Uddin Ahmed, should not be declared to have been passed without lawful authority, illegal and is of no legal effect and why the auction notice dated 5-4-2008 publis..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: ......spondents Judgment November 20, 2013. Result: The Rule is discharged. Lawyers Involved Abdus Satter Babul, Advocate-For the petitioner. Ms. Amatul Karim, Deputy Attorney General with Ms. Nusrat Jahan, Aaaistant Attorney General- For the respondent-government. ...... No.6 to the respondent No.7(Annexure-C) and an impugned notice issued by the respondent No.7 vide Memo. No. Jaimek/07/530(1) dated 16.07.2007(Annexure-D) to be declared to have been passed without lawful authority and are of no legal effect. 2. Facts, in brief, are that the petitioner is t..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
......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
......Respondents
Judgment
November 18, 2013.
Result:
The Rule is made absolute.
Bangladesh Labour Law Act (XLII of 2006) Sections 202(21) & Sections 317(4)
Power Invested to Labour Court—
There is a Distinction between the Election of a Collective Bargaining A......onal ground; and that the unopposed election shown to have declared on 27-8-2010 with Md. Mahbubul Alam Nader Bhuiyan, an Advocate of Narsingdi Bar as President was a nullity and outside the scope of law. In the circumstances, pursuant to a resolution taken in the general meeting of the Union held o..
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)
.... In several cases including the cases of Ganyson Ltd. Vs. Sonali Bank 37 DLR (AD) 42 and AFM Naziruddin Vs. Hameeda Banu 45 DLR (AD) 38, this Division previously exercised the power of doing complete justice under 104 of the Constitution. The subject matter of the instant case represents an occasion......on of law or interpretation of statute. 16. The case cited above is different from the case in hand and, as such, it has no manner of application. In addition the term "District Judge" according to section 3(15) of the General Clauses Act has to be taken as the principal civil Court o......District Judge, Dhaka and others ................Respondents Judgment November 17, 2013. Result: The petition is disposed of with the observation. Cases Referred to- MA Hye Vs. Trading Corporation of Bangladesh, 40 DLR (AD) 206; Ganyson Ltd. Vs. Sonali Bank......t 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. He further..Category: Civil Law | Date: 17 Nov, 2013 | Hits: 17
Golam Sarwar Vs. Commissioner of Taxes, 2013, 42 CLC (HCD)
....so, the assessment orders are unlawful; (v) the assessee was not given any opportunity for rebuttal of the report of the Inspector of Taxes and, as such, there has been violation of natural justice in considering the Inspector's report at the time of making assessments; (vi) In vi......eding which could have been taken against the deceased, if he had not died, may be taken against the legal representative; and all the provisions of this Ordinance shall, so far as may be, apply accordingly. (3) The liability of legal representative under this Ordinance shall be limited to...... Huda 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 (......udgment. Questions formulated for determination: (a) Whether on the facts and circumstances of the case, the learned Appellate Tribunal, Chittagong Division Bench, Chittagong was correct in law in confirming the appeal order in regard to assessments in case of deceased under section 8..Category: Fiscal/Taxation Law | Date: 14 Nov, 2013 | Hits: 4
AKM Mosharraf Hossain Vs. State & another, 2013, 41 CLC (HCD)
....er appears that the convict-appellant is an age old freedom fighter who has been suffering from old age complicities. 78. Having considered this fact, I would like to hold that the ends of justice would be met if it is ordered to award sentence, already under gone by him. I find no impedi...... to his notice that the convict-appellant under the order of the then President, People's Republic of Bangladesh was appointed as Secretary, Ministry of Industries for a period of three years and accordingly he joined there on 13-4-1988. He also deposed that he the convict-appellant obtained Tak......bu Bakar Siddiquee J AKM Mosharraf Hossain............Convict-Appellant Vs. State & another………………….Respondents Judgment October 10, 2013. Result: The appeal is dismissed. Cases Referred to- Hasanuddin S...... above. 80. The fine as imposed by the learned Judge of the trial Court is hereby maintained. The learned Judge of the trial court is directed to take step to 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..Category: Anti-Corruption Laws, Criminal Law | Date: 10 Oct, 2013 | Hits: 3
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