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.... should be discharged outright.
In the result, the Rule is discharged, however, without an order as to cost.
Ed.
This Case is also Reported in: 16 MLR (HCD) (2011) 23; 7 LG (HCD) (2010) 325.
......msul Huda, an Income Tax Practitioner of 25, Haji Mohsin Road, Khulna, Bangladesh……………Petitioner
Vs.
National Board of Revenue, represented by its Chairman, Segunbagicha, Ramna, Dhaka and others………………Respondents
Judgment
April 27, 2010.
Result:
The Rule is dis......Annexure-C) passed by the Respondent No.1 and being instructed signed by Respondent No.3, in breach of section 82BB(1), shall not be declared to have been issued without lawful authority and is of no legal effect.
2. The back ground leading to the issuance of the present Rule, in short, is that t..
Category: Fiscal/Taxation Law | Date: | Hits: 227
.... passed by a Division Bench of this Division in Writ Petition No.5125 of 2004 discharging the Rule should not be reviewed and/or pass such other or further order orders as this Court may deem fit and proper.”
2. Relying on the following averments the petitioner seeks for review of the judgment......obinda Chandra Tagore J. - I agree
This Case is also Reported in:
......d Conditions) Act, 1975 was not complied with. On the other hand, several persons were given advance increments making them senior to previously appointed persons. They were arbitrary, unjustified, illegal and were done for unlawful gain. Some examples of such illegal appointment have been cited in ..
Category: Administrative Law | Date: | Hits: 371
Monwar Ali Vs. Dhaka Club Ltd. & others, 1996, 25 CLC (HCD)
....28.2.96 is hereby vacated. No order as to costs. The office is directed to send a copy of this order to the trial Court at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 492. ...... 11, 1996. Result: The Rule is discharged. Cases Referred to- Md. Delwar Hossain Khan Vs. Dhaka Club Limited, Miscellaneous Appeal No.209 of 1995; Shafiuddin Sarwar Vs. Dhaka Club Limited and others, 45 DLR 753; Secretary, Dhaka Club Ltd. Vs. Mustafa Jamal, 31 DLR 387. Lawyers Involve......emporary injunction passed on 7‑10‑95 by the Assistant Judge, Dhaka. 2. The petitioner Monwar Ali claims that he is a permanent Member of the Dhaka Club for the last 15 years and he has been illegally expelled from membership of the club by a letter dated 26.7.95. So he has filed the suit for..Category: Civil Law | Date: | Hits: 110
Abul Hashim (Md.) Vs. Election Commission of Bangladesh, 1995, 24 CLC (HCD)
....ight of the petitioner also. There is no merit in the writ petition. Accordingly, the petition is rejected summarily. No cost. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 490. ......of constituency passed on 22‑5‑95 by the Election Commission delimiting the territorial constituency of Dhaka purporting to take away Harirampur Union from territorial constituency 184, Dhaka‑5 and including it within territorial constituency 190, Dhaka‑ 11. 2. The petitioner is a Chairma...... the Ordinance has published the final list of constituencies the contention of malafide and collateral purpose has got no leg to stand on. From the aforesaid discussion I find no infringement of any legal or constitutional right of the petitioner also. There is no merit in the writ petition. Acc..Category: Election Law | Date: | Hits: 271
Fazlul Huq Haider @ Mollah Vs. State, 1982, 11 CLC (HCD)
.... of any case under section 435 or otherwise, the Sessions Judge or District Magistrate considers that such case is triably exclusively by the Court of Sessions and that an accused person has been improperly discharged by the inferior Court, the Sessions Judge or District Magistrate may cause him t...... Commissioner Dacca to show cause why the order dated 1.8.79 passed by Mr. Asaduzzaman, Additional Sessions Judge, Dacca issuing summons upon the accused petitioner Fazlul Huq Haider @ Mollah for standing trial as an accused in Sessions Case No.95 of 1978 should not be set aside. 2. On 7.6.77 a...... upon the accused Mollah for his appearance before this Court on 4.9.79. Other accused shall appear on that date." The said order dated 1.8.79 has been challenged by the accused petitioner as illegal. 3. The order of commitment to the Court of Session in the instant case was passed before t..Category: Criminal Law | Date: | Hits: 92
Shahryar Murshed and others Vs. Principal, Chittagong Medical College and others, 1994, 23 CLC (HCD)
....ure-13 to the petitions should not be declared to have been made without any lawful authority and of no legal effect or such other or further order or orders passed as to this Court may seem fit and proper. 2. The facts of the respective cases which have given rise to the Rules are, briefly, sta.....................Petitioner [Writ Petition No. 2195 of 1993] Rabiul Karim…………………………….Petitioner [Writ Petition No. 2195 of 1993] Vs. Principal, Chittagong Medical College and others.....................Respondent Judgment May 17, 1994. Result: The Rules are a......as students of Chittagong Medical College passed by the Respondent No.1 as evidenced by Annexure-13 to the petitions should not be declared to have been made without any lawful authority and of no legal effect or such other or further order or orders passed as to this Court may seem fit and prope..Category: Others | Date: | Hits: 168
Ansarul Huque Vs. Agrani Bank, 1996, 25 CLC (HCD)
....tention that it should not be transferable. It must be admitted that it would be a somewhat unusual visitor in the accustomed circles of negotiable paper. It is indeed doubtful whether a document can properly be styled a promissory note which does not contain an undertaking to pay, not merely an und...... For the Opposite Party. Abdul Wadud Bhuiyan, Advocate - Amicus Curiae. Civil Revision Nos.1007‑1009 of 1995. Judgment Md. Abdul Karim J.- Civil Revision Nos.1007 of 1995, 1008 of 1995 and 1009 of 1995 are directed against the orders dated 30‑8‑94 passed by the learned Subordinate......er rule 2, Order 37 of the Code of Civil Procedure. 2. Hearing of the Rules was concluded on 12‑2‑96, but before the Judgment was signed, we considered it fit, in view of the importance of the legal implication involved, to hear both sides again and, at our request, Mr. Abdul Wadud Bhuiyan, l..Category: Civil Law | Date: | Hits: 87
Rezaul Bari (Md.) Vs. Bangladesh & others, 2010, 39 CLC (HCD)
....ged without any order as to costs. The order of stay granted earlier is hereby recalled and vacated. Communicate this judgment at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 54.......e Penal Code read with Section 5(2) of the Prevention of Corruption Act, 1947 pending in the Court of the Chief Judicial Magistrate, Rangpur (Annexure-A) should not be declared to have been initiated and issued without lawful authority and is of no legal effect. 2. The relevant facts, for disposa......tion of Corruption Act, 1947 pending in the Court of the Chief Judicial Magistrate, Rangpur (Annexure-A) should not be declared to have been initiated and issued without lawful authority and is of no legal effect. 2. The relevant facts, for disposal of this Rule, in short, are that on 18-4-2008 o..Category: Anti-Corruption Laws | Date: | Hits: 142
SM Aynul Kabir and others Vs. Kambar Ali and others, 2010, 39 CLC (HCD)
....6-2005 and status-quo dated 7-5-2008 granted earlier by this Court stand vacated. Office is directed to send down the record at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 51....... This Case is also Reported in: 16 BLC (HCD) (2011) 51....... No one appears - For the Opposite Party Nos.2-3. Civil Revision No. 2166 of 2005. Judgment Syed Md. Ziaul Karim J.- This Rule, at the instance of plaintiff petitioners calls in question the legality and propriety of the judgment and order dated 15-6-2005 passed by learned additional Distri..Category: Civil Law | Date: | Hits: 111
....aring and Forwarding License of the petitioner is declared to have been issued without any lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 16 BLC (HCD) (2011) 49.
......18-6-2007 (Annexure-E) passed by the respondent No.1 canceling petitioner's Clearing & Forwarding Agent's License No.143/91-ICD should not be declared to have been issued without lawful authority and is of no legal effect.
2. The background leading to the petition, in short, is that the pet......nexure-E) passed by the respondent No.1 canceling petitioner's Clearing & Forwarding Agent's License No.143/91-ICD should not be declared to have been issued without lawful authority and is of no legal effect.
2. The background leading to the petition, in short, is that the petitioner is en..
Category: Business or Commercial Law | Date: | Hits: 656
Asgar Ali Mia and others Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....Roy Chowdhury, Bhanu Roy Chowdhury, Haripada Roy Chowdhury, Kanu Roy Chowdhury, Dipali Roy Chowdhury, Nibedita Roy Chowdhury, Sanjib Roy Chowdhury got saham in the suit schedule land along with other properties in Partition Suit No.12 of 1938 which was decreed on 13-12-1958 by the learned Sub-Judge,......is Case is also Reported in: 16 BLC (HCD) (2011) 37.......nded that after SA recorded tenants abandoned the suit land, the same is treated as khas land under section 92(1)(c) of the State Acquisition and Tenancy Act. Transfer of Khas land in any manner is illegal and void. As the plaintiffs have no right, title and interest in the suit land, and suit is no..Category: Property Law | Date: | Hits: 147
Mannaco Lab. Ltd. Vs. General Certificate Officer & Bangladesh Shilpa Bank, 1989, 18 CLC (HCD)
....ion to the order dated 30.8.87 directing the Bank to submit the account, he submits that the said order proved that respondent No.1 without being satisfied about the amount due illegally attached the property of the petitioner and took steps for realising the amount claimed. He further submits tha......is Rule Nisi was issued calling upon the respondent to show cause why the proceeding in the Certificate Case No.Shilpa-1/86-87 pending before the General Certificate Officer (Respondent No.1). Sylhet and the notice dated 29.2.88 issued by respondent No.1 in the aforesaid Certificate case should not ......fficer (Respondent No.1). Sylhet and the notice dated 29.2.88 issued by respondent No.1 in the aforesaid Certificate case should not be declared to have been passed without lawful authority and of no legal effect. 2. On the date of issue of the Rule i.e. on 11th July, 1988, the petitioner had und..Category: Civil Law | Date: | Hits: 171
Ayezuddin Sheikh & others Vs. Abdul Karim Sheikh & others, 1989, 18 CLC (HCD)
....cree. 3. The contesting defendants-opposite party Nos.1-5 filed a written statement in this suit contending, inter alia, that the suit is not maintainable in its present form and the same is not properly valued and stamped is also barred by res judicata, waiver and acquiescence. It is also co......vocate—For the Opposite Parties. Civil Revision No.74 of 1986. Judgment Muhammad Ansar J. - The Rule issued at the instance of the plaintiff-petitioners is directed against the judgment and order dated 28.12.85 passed by Mr. Md. Shamsher Ali, Subordinate Judge, Kushtia in Misc. Appeal ......late Court below, but this being a question of law, can be raised here before this Court. This Court in exercising its power under section 115(1) of the C.P.C. can even suo motu interfere into an illegal order in the interest of justice and correct the same. This view finds support from the decisi..Category: Procedural Law | Date: | Hits: 174
Abdus Sukur Mia Vs. State, 1994, 23 CLC (HCD)
.... P.Ws. are not at all independent and disinterested and further there are material contradictions in their evidences but the learned Special Tribunal wrongly relied upon them and most illegally and improperly convicted and punished the accused appellant. The learned Advocate for the appellant furthe......ate…………………………Opposite Party Judgment June 19, 1994. Result: The appeal is dismissed with modification of sentence. Cases Referred to- Firoza Begum Vs. Harmuz Ali and another, 40 DLR 161; Nurul Islam & others Vs. State, 40 DLR 122; Nurul Islam Vs. State, 27 D......bmits that the P.Ws. are not at all independent and disinterested and further there are material contradictions in their evidences but the learned Special Tribunal wrongly relied upon them and most illegally and improperly convicted and punished the accused appellant. The learned Advocate for the ap..Category: Criminal Law | Date: | Hits: 135
Tara Mohan Barman Vs. Ananda Mohan Barman & others, 1995, 24 CLC (HCD)
....দেখান হইয়াছে।” This sort of relinquishment or nadabi does not create any title in favour of the person to whom it is made as it is not a transfer in the case of immovable property. Even a transfer deed of Nadabipatra does not create any title in favour of the transferee ......ted in: 48 DLR (HCD) (1996) 226. ......non‑prosecution. Further case of the plaintiff is that although defendant 8 had no interest in the suit land, he sold some lands to defendant 9 out of the suit holding by kabala which is void and illegal. The plaintiff has already exchanged 'Ka' schedule land and also sold ‘Gha' schedule land ou..Category: Property Law | Date: | Hits: 123
Mahbuba Wahed Vs. Secretary Ministry of Home Affairs & others, 1989, 18 CLC (HCD)
....tendent, Dhaka Central Jail forthwith at the cost of the petitioner by Special Messenger for compliance with the order of this Court. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 153.......eral—For the State. Criminal Miscellaneous Case No. 100 of 1989. Judgment Latifur Rahman J. - In this Rule the petitioner has challenged the legality of the detention order of her husband M. A. Wahid and has prayed for his release. 2. In the petition it has been stated that the de...... AKM Shamsul Karim, Assistant Attorney General—For the State. Criminal Miscellaneous Case No. 100 of 1989. Judgment Latifur Rahman J. - In this Rule the petitioner has challenged the legality of the detention order of her husband M. A. Wahid and has prayed for his release. 2. I..Category: Criminal Law | Date: | Hits: 109
Satya Ranjan Sarda Vs. State, 1989, 18 CLC (HCD)
.... be quashed. In the result, the Rule is made absolute and the proceedings of Special Tribunal Case No.2 of 1989 is hereby quashed. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 142. ...... Result: The Rule is made absolute. Cases Referred to- 29 DLR 428; 30 DLR 125; 31 DLR 242-243; Md. Kalu Bhuiya alias Kalu Vs. Special Tribunal No. II, 30 DLR 125; Nuru alias Nurul Islam and others Vs. State and another 31 DLR 241; Siraj Mia Vs. Bangladesh and another; Zahidul Haque Vs.......ferred to above we hold that the order passed by the Court exercising power as Special Tribunal on the record which was called for by the Court invoking the jurisdiction as Sessions Judge to be illegal and hence it cannot be sustained in law. 18. The learned Deputy Attorney-General by way of ..Category: Criminal Law | Date: | Hits: 103
Ahmed Silk Mills Ltd. Vs. Bangladesh Shilpa Bank, 1989, 18 CLC (HCD)
....aintiff-petitioner and 7 others under Article 33(1)(a) of P.O. No.129 of 1972 for realising its dues of Tk.2, 25,62,578/= as on 30.6.85 with subsequent interests and costs by attachment and sale of properties belonging to the petitioner and 7 others. It is stated that the plaintiff-petitioner havi......vision No.607 of 1985. Judgment Md. Mozammel Hoque J. - In this Rule issued under section 115 of the Code of Civil Procedure the opposite party was directed to show cause as to why the judgment and order dated 25.8.85 passed in Miscellaneous Case No.66 of 1985 by the Commercial Court No.II a......Title Suit No.356 of 1984. It prayed for a declaration that the claims of the opposite party have been fully paid off and its claim of Tk.37,02,197/00 as per letter dated 2.12.80 or any amount is illegal and void, that the showing of Tk.1,10,45, 529/= as due from the plaintiff-petitioner by the op..Category: Civil Law | Date: | Hits: 119
Dr. S.M. Abu Taher and Others Vs. State, 1989, 18 CLC (HCD)
....in 90 days the case shall be revived. When the section itself does not speak of any ground or reason for such revival why shall we search for such ground and read something in the section itself. For proper understanding of the import of section 339D we will look to section 494 of the Code. Sectio......d in: 42 DLR (HCD) (1990) 138. ......ed by the Government and in the present case the Public Prosecutor who filed the application for revival had no authority or instruction to file the application and as such the revival order is illegal and not authorised under the law. 4. Mr. A.K.M. Shamsul Karim, the learned Assistant Atto..Category: Procedural Law | Date: | Hits: 143
Taslima Begum @ Anguri and another Vs. State, 1989, 18 CLC (HCD)
....ed by one Police Inspector, C.I.D., Dhaka on 19.6.88 in which it is alleged that while investigating Tejgaon P.S. Case No.32 of 1988, the Police Officer received a secret information that some stolen property of the said case is hidden in house No.87/88, Siddique Bazar, Dhaka. The informant along wi......d in: 42 DLR (HD) (1990) 136. ...... is not at all attracted in a case under Special Powers Act. In a case under the Special Powers Act the authority to take cognizance vests in Special Tribunal alone. In such circumstances, we find no legal ground for quashing the proceeding. The learned Advocate has cited some decisions but theirbei..Category: Criminal Law | Date: | Hits: 84
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