Search Options
Judgment Advanced Search
Displaying 181-200 of 5586 results.
Satsang Bangladesh, D. Pakutia Vs. People’s Republic of Bangladesh and others, 2013, 42 CLC (HCD)
....on for temporary injunction 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......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. ......, filed the original suit being Other Class Suit No.51 of 2007 in the Court of Senior Assistant Judge, Pabna Sadar. Pabna for a declaration that the plaintiff 'Satsang Bangladesh' is the only legal representative in -Bangladesh contending inter-alia that, Sree Sree Thagore Anukul Chandr..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)
.... legal effect and why the respondents should not be directed to promote the petitioners with effect from 4-4-2010 and/or such other or further order or orders passed as to this Court may seem fit and proper." 4. From the impugned judgment and order in Civil Petition for Leave of Appeal No.......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......লি-3/375 dated 2-7-2009 issued by respondent No.7 (Annexure-E) for the purpose of promotion to the next higher posts should not be declared to have been made without lawful authority and is of no legal effect and why the respondents should not be directed to promote the petitioners with effect f..Category: Employment/Service Law | Date: 26 Sep, 2013 | Hits: 12
....act, reiterated the same submission as was made before the High Court Division to effect that the VAT authority is always empowered to order for refund of any amount of rebate, which was taken improperly and unauthorizedly over showing use of excess Zinc Ingot. He has further submitted that as ......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 ......e writ petition) as being not maintainable and also setting aside the order dated 11-8-2003 of the Commissioner, shall not be declared to have been passed without lawful authority and were of no legal effect and as to why the writ-respondents shall not be directed to refund Taka 3,44,99,179 bei..
Category: Fiscal/Taxation Law | Date: 24 Sep, 2013 | Hits: 9
State Vs. Mostafizur Rahman and another, 2013, 42 CLC (AD)
....rved that the witnesses had no enmity with the accused. 15. In a case of this nature it is imperative to keep in mind certain social and moral aspects as well as the background of the victim for proper adjudication. Shefali was an illiterate village girl who at the time of occurrence was below ...... Siddique J State……………………………………………Appellant Vs. Mostafizur Rahman and another...........Respondents Judgment September 18, 2013 Result: The appeal...... remain present at the time of commission of rape and the sole evidence of the victim and circumstantial evidence ought to have been considered, and also to consider whether the High Court Division illegally acquitted the accused without reversing the finding of the trial Court that all the prosecut..Category: Criminal Law, Women and Children | Date: 18 Sep, 2013 | Hits: 7
ATM Nazimullah Chow¬dhury Vs. State & another, 2013, 42 CLC (HCD)
....W.5 Nurunnahar also discloses in her evidence that at the time of doing audit work, the staff of the Embassy did not co-operate with the audit team by placing the necessary documents before them properly and at the right time under the directive of the accused-Ambassador; but even then, the aud......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. ......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 the public exchequer and this finding of guilt is manifestly illegal and in this perspective, it is liable to be struck down. 13. Mr. Fida M Kamal also submit..Category: Criminal Law, Procedural Law | Date: 1 Aug, 2013 | Hits: 5
....
“...it is often argued that such an interpretation will allow a person to espouse the cause of another person and the Court will be required to decide the issues without the presence of the proper party. If the affected party is not coming forward for no visible reason, the Court may refus......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…&...... Constitution) and therefore automatically void ab initio by operation of Article 7(2) and 26(2) of the Constitution. Such impugned registration therefore cannot be deemed to be a legal instrument having the force of law. Secondly, because the impugned registration of the party c..
Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 10
....should not be "publicity interest litigation' or 'private interest litigation' or 'politics interest litigation' or the latest trend 'Paise Income Litigation'. If not properly and strictly regulated at least in certain vital areas or spheres and abuse averted, it bec......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......istration (Registration No. 014 dated 04.11.2008) given to Respondent No. 1 as a political party by the Respondent No. 4 shall not be declared to have been given without lawful authority and is of no legal effect.
2. Facts leading to this Rule (as transpired from the writ petition), in brief, a..
Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 11
....artment.
9. We have perused the reference applications and the annexures thereto.
10. It appears that the question framed in these reference applications is an incomplete question and not a proper question of law and vague. Therefore, we are reframing the question in the following manner:
......d, Kakrail, Dhaka………Respondent
Judgment
July 31, 2013
Result:
The question formulated to determination answered in the affirmative in favour of the department and against the assessee-applicant.
Lawyers Involved:
No one appears—For the applica......is common order.
5. In this backdrop, these four reference applications have been filed raising the following sole identical question of law:
“Whether the Taxes Appellate Tribunal was legally justified in not considering the ground as the appeal of the appellant has been allowed unde..
Category: Fiscal/Taxation Law | Date: 31 Jul, 2013 | Hits: 3
Nur Jahan Akhtar Vs. Commissioner of Taxes, 2013, 42 CLC (HCD)
....artment. 9. We have perused the reference applications and the annexures thereto. 10. It appears that the question framed in these reference applications is an incomplete question and not a proper question of law and vague. Therefore, we are reframing the question in the following manner: ......pplicant (In all the cases) Md. Abu Amjad, DAG with Mahfuja Begum, AAG.—For the respondents (In all the cases) Income Tax Reference Applications No.39 of 2004, 40 of 2004, 41 of 2004 and 42 of 2004. Judgment Zinat Ara J.- These four income tax reference applications under ......is common order. 5. In this backdrop, these four reference applications have been filed raising the following sole identical question of law: “Whether the Taxes Appellate Tribunal was legally justified in not considering the ground as the appeal of the appellant has been allowed unde..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)
....8; Order VII, rule 11, Provisions of waqf ordinance — Section 50 of the Waqf Ordinance has been inserted in the enrolment chapter. Specific Provisions have made regarding the person, property, time and manner in which the enrolment is to be made and in this context section 50 a...... Jurisdiction) Present: Sharif Uddin Chaklader J ARM Shahidul Huq J Syed Raihan Hasan Ali Chowdhury.................Plaintiff-Appellant Vs. Syed Hamde Ali Chowdhury and others...........Defendant-Respondents Judgment July 29, 2013. Result: ......n 50 of the ordinance goes. Plaintiff did not challenge enlistment of the property as Waqf property, rather plaintiff want to bring back the property which has been annihilated by the Mutualli illegally. Plaintiff filed the suit praying for 4 reliefs including relief No.1, that is, declaring th..Category: Trust/Waqf Law | Date: 29 Jul, 2013 | Hits: 5
Robi Axiata Ltd Vs. First Labour Court Dhaka and others, 2013, 42 CLC (HCD)
....ner, Robi Axiata Limited. 4. Robi Axiata for its part has insisted that the temporary employment of each such plaintiff having already determined under separate contracts of employment, the proper avenue of redress lay alternatively under section 33 in preference to section 213 of the......nal Jurisdiction) Present: Syed Refaat Ahmed J Mahmudul Hoque J Robi Axiata Ltd………………...Petitioner Vs. First Labour Court Dhaka and others...................Respondents Judgment July 28, 2013. ......itioner made under Order VII, rule 11 of the Code of Civil Procedure ("the Code") for rejection of piaint should not be declared to have been passed without lawful authority and are no legal effect. Each Rule Nisi issued was accompanied by an ad interim Order of Stay affecting th..Category: Labour and Industrial Law | Date: 28 Jul, 2013 | Hits: 7
Zahir Fakir (Md.) and oth¬ers Vs. Hahma Khatun and others, 2013, 42 CLC (HCD)
....oided and shifted his responsibility upon the Trial Court which the appellate Court was very much competent to perform. In avoiding such responsibility on the part of the appellate Court was not proper. All the materials for deciding the suit finally were before the Appellate Court. The impugne......(HCD) (2015) 240 ......rned Advocate lastly submits that is an elementary principle and practice of law that when the plaintiff is given opportunity to amend the plaint and adduce additional evidence, the defendant is legally entitled to equal and corresponding opportunity, and that elementary principle and prac..Category: Property Law | Date: 25 Jul, 2013 | Hits: 6
Md. Lokman Hakim and Others Vs. National Board of Revenue and others, 2013, 42 CLC (HCD)
....62 and Tk. 1,43,43,175.97 should not be declared to have been made without lawful authority and of no legal effect, and/or pass such other or further order or orders as to this Court may seem fit and proper.” 4. Upon perusing the judgment passed in Writ Petition No. 9729 of 2012 it appears tha....... National Board of Revenue, Rajashasha Bhaban, 1,Segunbagicha, Police Station- Ramna, District-Dhaka, represented by its Chairman. 2. The Commissioner of Customs, Customs House, Chittagong, P.S. Bander, Chittagong. 3. The Commissioner of Tax, Taxes Zone-1, Chittagong. 4. The Assistant Comm...... from abroad for the purpose of transforming the steel, obtained from the scrap vessel, into M.S. Rod through their owned re-rolling mills. All imports of the scrap vessels were made by observing the legal formalities under the Customs Act 1969, upon establishing letter of credit and upon paying all..Category: Fiscal/Taxation Law | Date: 25 Jul, 2013 | Hits: 121
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: ...... (Criminal Appellate Jurisdiction) Present: Borhanuddin J KM Kamrul Kader J Younusuzzaman (Badal).........................Petitioner Vs. The State and another………………..............Opposite parties Judgment July 25, 2013. ......9.08.2008 for encashment to the Dutch Bangla bank Ltd. Narayangonj branch and on both occasion the cheque was dishonoured for insufficient fund. Finding no other alternative, the complainant issued a legal notice according to the provisions of the Negotiable Instruments Act through his learned Advoc..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)
....3. The respondent No. 6 is a private limited company represented by its Managing Director M A Sadeq, i.e. the respondent No.3. The respondent No. 7 is an alleged subsequent purchaser of the properties belonging to respondent No.1 company; that the petitioners filed this application for rec......s also Reported in: 65 DLR (HCD) (2013) 584. ......n Ltd. and others……………….Respondents Judgment July 24, 2013 Result: The application is allowed Unlawful Gain was Fraudulent and the Illegal Exdebito Justitiae The entire transaction of the landed property was fraudulent..Category: Company Law | Date: 24 Jul, 2013 | Hits: 10
....shy;ered by the petitioner-bank. The petitioner Bank published auction notice in the 'Daily Janakantha' on 9-2-2011 and the 'Daily Lokshomaj' on 10-2-2011 for selling of the mortgaged property in auction. A number of bids were submitted and highest bid was submitted by one ...... Jurisdiction)
Present:
Md. Ashfaqul Islam J
Md. Ashraful Kamal J
Bangladesh Development Bank Limited...................Petitioner
Vs.
Judge, Artha Rin Adalat, Jessore and others..............Respondents
Judgment
July 24, 2013.
Result:
The Rule is ...... and judgment and order dated 13-11-2011 passed by the Judge, Artha Rin Adalat, Jessore in Artha Jari Case No.9 of 2005 shall not be declared to have been passed without lawful authority and is of no legal effect.
2. The background leading to the Rule, in short, is that the petitioner as plaint..
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. ......ossain J AHM Shamsuddin Chowdhury J Sarwar Hossain Moni (Md.)........Petitioners (In both cases) Vs. State and another……………………Respondents (In both case......e cheque for encashment through IFIC Bank, Bangshal Branch on 10-6-2008, but it bounced on 15-6-2008 with the endorsement "insufficient fund". Then the complainant through his lawyer sent a legal notice to the accused on 22-6-2008 by registered post with acknowledgement by making demand of..Category: Criminal Law | Date: 24 Jul, 2013 | Hits: 8
Zahidul Islam (Md.) Vs. Md. Kamal Hossain and another, 2013, 42 CLC (AD)
....irected to proceed with the trial of the Sessions case in accordance with law and dispose of the same expeditiously. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 180. ......bdul Wahhab Miah J Syed Mahmud Hossain J AHM Shamsuddin Chowdhury J Zahidul Islam (Md.)…………........................Appellant Vs. Md. Kamal Hossain and another………........Respondents Judgment &n......uance of the cheque, deposited the same in his account being No.010-7729-0000-1899 of the same bank, but the cheque was returned on the ground of insufficiency of fund. Then the complainant by a legal notice dated 22-4-2007 demanded from the respondent the payment of the amount of the said dish..Category: Others, Procedural Law | Date: 23 Jul, 2013 | Hits: 9
....rity and related service benefits to the petitioners and count their service period in the development project and/or pass such other or further order or outers as to this Court may seem fit and proper.
2. At the time of hearing at the outset the learned Advocate for the petitioners submit......in: 67 DLR (HCD) (2015) 157
......থানান্তরিত পদের পদধারীদের নিয়মিতকরণ ও জ্যেষ্ঠতা নির্ধারন বিধিমালা, 2005 and of no legal effect and why the respondents should not be directed to give time scale, selection grade, sen..
Category: Administrative Law, Employment/Service Law | Date: 8 Jul, 2013 | Hits: 3
Zahirul Islam @ Dipu (Md.) Vs. State, 2013, 42 CLC (AD)
....to place before the court all available witnesses irrespective of their evidence being favourable or unfavourable. Where a necessary witness mysteriously not cited as witness, the court may properly draw an inference adverse, to the prosecution. If a material witness has been delibera......ellip;…………………………..Respondents Judgment June 20, 2013. Result: All the appeals are allowed. Where a grave and heinous crime has been committed but in absence of any satisfactory proof of the guilt, in this ......e circumstantial evidence to connect the appellants with the occurrence. In a murder case the court of law would be justified in demanding full satisfaction about the proof of offence before the legality of sections 302/34 can be used. Before recording conviction the court has to give specific ..Category: Criminal Law, Evidence Law | Date: 20 Jun, 2013 | Hits: 3
95798842898491549631936593649214889189409620959683798288962489398861883995868981