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....the recommendations made above within six months. All the respondents are also directed to implement the directions made above immediately.
Ed.
This Case is also Reported in: 55 DLR (2003) 363.
......n is raised whether this court is competent to award compensation to a victim of torture or to the relation of a person whose death is caused in police custody or jail custody. We have considered the principle laid down in the case reported in AIR 1977 SC 610. According to us, this Court, in exercis...... knowledge of the existence of some facts and such knowledge shall be the basis of arrest without warrant. There can be knowledge of a thing only if the thing exists…………….(10)
Credible Information, Source of Information
If a person is arrested on the basis of credible information nat......the recommendations made above within six months. All the respondents are also directed to implement the directions made above immediately.
Ed.
This Case is also Reported in: 55 DLR (2003) 363.
..
Category: Constitutional Law | Date: | Hits: 137
State Vs. Shahin and others, 2009, 38 CLC (AD)
....nd there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 140. ......d avoid expressing their feeling, emotion and sentiment in the judgment but to follow the law, the evidence and material on record but in the present case, the learned Session Judge deviated from the principle as laid down. We are of the view that the High Court Division on proper considerati......ed Mahbub Hossain, Advocate-on-Record—For the Respondent (In Criminal Appeal No. 74 of 2009). Not represented— the Respondent (In Criminal Appeal No. 73 of 2009). Criminal Petition for Leave to Appeal No. 73-75 of 2009. (From the judgment and order dated 12-8-2008 of the Hi......nd there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 140. ..Category: Others | Date: | Hits: 93
Mohiuddin Khan and another Vs. Shihamul Haque and others, 2009, 38 CLC (AD)
....plaint and a decree for declaration that the settlement deed described in schedule ‘B’ is not binding on the plaintiffs. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 129. ......ndency of the suits/civil revisions which were admittedly filed by their vendors made the purchases without the permission of the court and so the above purchases of the plaintiffs are hit by the principles of lis pendens as provided under section 52 of the Transfer of Property Act. The plaintif......nior Advocate instructed by Syed Mahbubar Rahman, Advocate-on-Record—For the Respondent Nos.1-4 (In both cases). Not Represented— Respondent Nos. 5-9 (In both cases). Civil Petition for Leave to Appeal No. 28 of 2008. (From the judgment and order dated 5-12-2007 passed by th......plaint and a decree for declaration that the settlement deed described in schedule ‘B’ is not binding on the plaintiffs. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 129. ..Category: Property Law | Date: | Hits: 29
State Vs. Azizul Haque, 2008, 37 CLC (AD)
....failure of justice in acquitting Azizul Haque and others. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 267. ......zizul Haque. So his conviction solely based on the confessional statement of co-accused Alaich Mahmud is not maintainable." We find that the approach of the High Court Division is on correct principle of law and there has been no failure of justice in acquitting Azizul Haque and others. ......: Mohammed Ali Akanda, Deputy Attorney General instructed by Abu Sams Md. Khalequzzaman, Advocate-on-Record-For the Petitioner. Not represented- the Respondent. Criminal Petition for Leave to Appeal No.437 of 2008. (From the judgment and order dated 05.06.2008 and 08.06.2......failure of justice in acquitting Azizul Haque and others. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 267. ..Category: Others | Date: | Hits: 63
Mohammad Mujibul Hoque Vs. Shamsul Alam and others, 2010, 39 CLC (AD)
....tion of the learned counsel for the petitioner. There is no merit in this petition. The application is dismissed accordingly. Ed. This Case is also Reported in: VII (ADC) (2010) 233. ......tion of the learned counsel for the petitioner. There is no merit in this petition. The application is dismissed accordingly. Ed. This Case is also Reported in: VII (ADC) (2010) 233. ......n-Record-For the Petitioner. J.B.M. Hasan, Advocate instructed by Mrs. Sufia Khatun, Advocate-on record-For respondent No.1. Not represented- Respondents nos. 2-5. Civil Petition for Leave to Appeal No. 1193 of 2009. (From the Judgment and Order dated 25th January, 2009 p...... Assistant Judge however did not consider the point as to whether the transaction was an out and out sale or it was a deed of sale followed by a deed of agreement for reconveyance. No point for determination was also formulated on that ground. On appeal by the pre-emptor, the Court of Appeal b..Category: Property Law | Date: | Hits: 21
S. M. Hossain and others Vs. Lahazuddin and others, 2009, 38 CLC (AD)
....il Petition for Leave to Appeal Nos. 94-95 of 2005 are also disposed of in terms of the judgment in this civil appeal. Ed. This case is also Reported in: VII (ADC) (2010) 206; 9 ADC (2012) 510. ......m he had taken it". The Appellate Division in the case of Haji Kasimuddin Mandal being dead his heirs Afroza Bewa and others Vs Md. Jalaluddin Pramanik reported in 48 DLR (AD) 205 retreating the same principle holding that "A tenant cannot set up title to a property of which he is a monthly tenant w......by Mrs. Sufia Khatun, Advocate On-Record-For the Respondent No.1 (In Civil Appeal Nos. 94-95 of 2005). Not Represented- Respondent Nos.2-10 (In Civil Appeal Nos. 94-95 of 2005). Civil Petition for Leave to apple Nos.94 and 95 of 2005. (Civil Appeal No. 178 of 2002 arising out of the judgme......il Petition for Leave to Appeal Nos. 94-95 of 2005 are also disposed of in terms of the judgment in this civil appeal. Ed. This case is also Reported in: VII (ADC) (2010) 206; 9 ADC (2012) 510. ..Category: Tenancy Law | Date: | Hits: 185
Janata Bank Vs. M/S. Natun Pragoti Paribahan Sangstha and others, 2009, 38 CLC (AD)
.... order as to costs. The appellant may however consider the prayer of the respondents in accordance with law if found tenable. Ed. This Case is also Reported in: VII (ADC) (2010) 201. ......tion in terms of the inquiry report submitted by Ali Ahmed, a Director of the Board of the appellant bank and further the respondents, who by making payments in installments fully liquated the entire principle loan amount, became eligible for being considered for exemption of interest and the appe......ed in Writ Petition Nos. 4986 and 4987 of 1996 making absolute the Rule obtained challenging the decision of the Board of Janata Bank, the appellant is not allowing the prayer of the respondent No. 1 for exemption of interest. 2. Facts of Civil Appeal No. 103 of 2004 in brief, are that the re...... order as to costs. The appellant may however consider the prayer of the respondents in accordance with law if found tenable. Ed. This Case is also Reported in: VII (ADC) (2010) 201. ..Category: Banking Law | Date: | Hits: 98
Kazi Ali Ahmed Vs. Mohammad Nurunnabi and others, 2009, 38 CLC (AD)
....ngs of the Courts below. In the premises we do not find any merit in the application. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VII (ADC) (2010) 137. ......s on record came to its finding that the plaintiffs by producing the title deeds and Khatians as well as the oral evidences proved their case of title and possession and that in view of the settled principle of law that in exercising revisional power the finding of facts, whether concurrent or not......or the petitioner. Abdul Wadud Bhuiyan, Senior Advocate instructed by Nurul Islam Bhuiyan, Advocate-on-Record-For the Respondent Nos. 1-3 Not represented-Respondent Nos.4-6. Civil Petition for Leave to Appeal No. 872 of 2008. (From the judgment and order dated 05.03.2008 passed by the ......ngs of the Courts below. In the premises we do not find any merit in the application. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VII (ADC) (2010) 137. ..Category: Property Law | Date: | Hits: 37
....und of the discussions made hereinbefore we find merit in the appeals.
Accordingly, the appeals are allowed without any order as to cost.
Ed.
This Case is also Reported in:VII ADC (2010) 25.
......Agencies being the statutory Agents of the Government and the NBR, the same are not required to pay VAT as because service is rendered to the Government. It has lastly been contended that the settled principle of law is that the fiscal law for charging a citizen with tax or levy is to be construed s......ুসক/বাস্তঃ সেবা ও আধঃ/৯৭/৪৪২ (১-১৭) dated 11.5.2002 of the National Board of Revenue (NBR) communicating the decision to the relevant authorities for realization of VAT treating the Pre-shipment Inspection Agencies (PSI) as (জরিপ সং......he said Agency renders some services in Bangladesh but as there is no clear cut demarcation as to quantity of service to be rendered in Bangladesh and outside Bangladesh and as such in the absence of determination VAT can not be levied, even if on certain part of the service VAT is levyable, because..
Category: Fiscal/Taxation Law | Date: | Hits: 95
Collector of Customs and others Vs. TK Oil Refinery Ltd. and 22 others, 2009, 38 CLC (AD)
....y and other duties on the basis of normal price so fixed. All the appeals are dismissed with the observation as made above. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 217. ......inding of the High Court Division that the respondents by opening of letter of credit when tariff value was prevalent, acquired a vested right of assessment on the basis of tariff, is contrary to the principles as laid down in Mizanur Rahman's case, 52 DLR (AD) 149 and further, the Government has au......l value of the goods would amount to giving them highest latitude, though they, all along, acted in violation of law and tried to extract money from the respondents by fixing "indicative value", is a foreign and unknown terminology. The Customs Act (IV of 1969), Sections 25(1)(7), 30 & 79 ......he provisions of section 25(1) of the Act. has fixed the normal price in advance; it is not correct that the current price of CDSO ranged from US$ 438 to 442 per metric tonne and for the purpose of determination of normal price of CDSO and CPO the appellants through their agencies, particularly th..Category: Fiscal/Taxation Law | Date: | Hits: 86
....trument in line with the Nitimala 2001.
53. Both the appeals are accordingly dismissed without any order as to costs.
This Case is also Reported in: 15 MLR (AD) (2009) 41; VII (ADC) (2010) 91.
......75% posts of the Ministry of Law including the post of Secretary for the officers belonging to the members of Judicial Service and their appointment and promotion to the above post is contrary to the principle of separation of judiciary from the executive as mandated by Article 22 ......q Siddiqi, Advocate with him) instructed by Mvi. Md. Wahidullah, Advocate-on-Record- For Respondent No. 1 (In both the cases)
Not represented-Respondent No. 2 (In both the cases)
Civil Petition for Leave to Appeal Nos. 111 and 112 of 2008.
(From the judgment and order dated 18.02.2008 passe......trument in line with the Nitimala 2001.
53. Both the appeals are accordingly dismissed without any order as to costs.
This Case is also Reported in: 15 MLR (AD) (2009) 41; VII (ADC) (2010) 91.
..
Category: Constitutional Law | Date: | Hits: 207
Md. Chan Miah Vs. Md. Dabirul Islam Khan @ Muku Miah & Others, 2009, 38 CLC (AD)
..... 47 of 2002. Thus we do not find any merit in the application. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 26........ 47 of 2002. Thus we do not find any merit in the application. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 26.......ord- For the Petitioner. Munsur Habib, Advocate, instructed by Md. Zainal Abedin, Advocate-On-Record- For Respondent No.1. Not Represented- Respondent Nos. 2-13. Civil Petition for Leave to Appeal No. 729 of 2008. (From The Judgment and Order Dated 20.05.2007 passed By ......t below vide order dated 22.6.2001. The opposite party No. 7 claimed in the civil revision case before the High Court Division that there is no provision for making statutory deposit before the final determination of the share of the co-applicant in the pre-emption case filed under the State Acquisi..Category: Property Law | Date: | Hits: 63
Nurul Islam and others Vs. Lal Miah & another, 2004, 33 CLC (AD)
....ent of the material on record and we find no cogent reason to interfere with the same. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 17. ......ocuments in favour of defendants were obtained by false personation and by practicing fraud and accordingly the court of appeal below wrongly shifted the onus on the defendants and it is the cardinal principle of law that the plaintiff must prove his case and he is not to rely on the weakness or def......cted by Sharifuddin Chakladar, Advocate-on-Record-For the Petitioners. Harendra Nath Nandi, Advocate instructed by Md. Nowab Ali, Advocate-on-Record- For the Respondent. Civil Petition for Leave to Appeal No. 123 of 2000. (From the judgment and order dated 14.07.1999 passed by ......ent of the material on record and we find no cogent reason to interfere with the same. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 17. ..Category: Property Law | Date: | Hits: 34
....e for declaration that the settlement deed described in schedule 'B' is not binding on the plaintiffs.
This Case is also Reported in: 15 MLR (AD) (2010) 1; VII (ADC) (2010) 113; 7 LG (AD) 2010, 5.
......he pendency of the suits/civil revision which were admittedly filed by their vendors made the purchases without the permission of the court and so the above purchases of the plaintiffs are hit by the principles of lis pendens as provided under Section 52 of the Transfer of Property Act. The plaintif......rs were in possession of the case land set aside the above order dated 12.01.1982 and restored the mutation in the name of appellants and others. Then Shihamul Haque preferred Appeal No. 96 of 1984 before the Board of Land Administration and after hearing the same was dismissed Shihamul Haque then f......e for declaration that the settlement deed described in schedule 'B' is not binding on the plaintiffs.
This Case is also Reported in: 15 MLR (AD) (2010) 1; VII (ADC) (2010) 113; 7 LG (AD) 2010, 5.
..
Category: Property Law | Date: | Hits: 43
State Vs. Mirza Abbas, 2009, 38 CLC (AD)
....therefore no valid reason to interfere with the impugned judgment. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 7 LG (AD) (2010) 76; 15 MLR (AD) (2010) 141. ......ned under section 4(1) (h) of the Code of Criminal procedure inasmuch as the definition of 'complaint' given under said section excludes the report of a police officer. It is a well-known and settled principle of law, as propounded in the case of Mst. Mumtaz Begum and others Vs. The State reported i......ad Yaqoob Vs. State PLD 1978 Karachi 723. Lawyers Involved: Mahbubey Alam, Attorney General (with A.K.M. Zahirul Haque, Additional Attorney General) instructed by B. Hossain, Advocate-on-Record-for the Petitioner. Rafique-Ul-Huq, Senior Advocate (with Ahsanul Karim, Advocate), instructed by......therefore no valid reason to interfere with the impugned judgment. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 7 LG (AD) (2010) 76; 15 MLR (AD) (2010) 141. ..Category: Fiscal/Taxation Law | Date: | Hits: 75
Rupak Dey Vs. Commissioner of Customs and others, 2008, 37 CLC (AD)
.... substance in the submissions of the learned advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 314. ...... Tariff Value under reference has been fixed before opening of the L.C. by the petitioner. Accordingly, the petitioner is barred apart from the provision of Section 30 of the Contract Act under the principle of waiver, acquiescence and estoppel from challenging the Tariff Value as fixed for the ...... Lawyers Involved: Maqbul Ahmed, Advocate, instructed by A. K. M. Shahidul Huq, Advocate-on-Record- For the Petitioner. Not represented- the Respondents. Civil Petition for leave to Appeal No. 293 of 2006. (From the judgment and order dated 28.11.2005 passed by...... substance in the submissions of the learned advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 314. ..Category: Fiscal/Taxation Law | Date: | Hits: 125
Secretary, Ministry of Education and others Vs. Mowlana Wahiduzzaman and another, 2009, 38 CLC (AD)
....udgment to have been passed in accordance with law. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 1016. ......shy;mended for its continuation. 9. Careful examination of the relevant law and the fact obtaining in the case shows that the Ministry of Education acted contrary to law and against the principles of natural justice inasmuch as the order impugned in the writ petition canceling ...... 2. The writ petitioner respondents filed the aforesaid writ petition challenging the letter issued by the Senior Assistant Secretary, Section-16,......udgment to have been passed in accordance with law. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 1016. ..Category: Employment/Service Law | Date: | Hits: 146
M/S. R.M. Salt Crushing Industries Vs. Sonali Bank, Cox's Bazar Branch & others, 2009, 38 CLC (AD)
....urisdiction. There is no illegality in the impugned judgment and order. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 1012. ......now pending in the Artha Rin Adalat, Cox's Bazar. The Artha Rin Suit has been filed by the respondent No.1, Sonali Bank, for realization of its outstanding loan amount of Tk.1,24,93,829.19/- being principle loan amount plus the accrued interest amount thereon contending, amongst others, that the......ch 9, 2009. Lawyers Involved: Sirajul Islam Khan, Advocate, instructed by Aftab Hossain, Advocate-on-Record-For the Petitioner. Not represented-Respondents Civil Petition for Leave to Appeal No. 515 of 2008. (From the judgment and order dated 20.11.2007 passed b......urisdiction. There is no illegality in the impugned judgment and order. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 1012. ..Category: Civil Law | Date: | Hits: 136
Abul Hossain and another Vs. Hazi Md. Rezaul Karim and others, 2009, 38 CLC (AD)
....bsp; Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 1000. ...... clouds over the long possession of the suit land of the petitioners and as such, the petitioners are apprehended to get the preferential relief in respect of lease hold of shrimp khas land as per principle of present Government, moreover the present petitioners are very weak both by men an......a Khatun, Advocate-on-Record-For the Petitioners. A.K.M. Shahidul Huq, Advocate-on-Record-For Respondent No. 1. Not represented-Respondent Nos. 2-65. Civil Petition for Leave to Appeal No. 237 of 2006. (From the judgment and order dated the 15th day of Dec......bsp; Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 1000. ..Category: Property Law | Date: | Hits: 88
Rada Rani Nath and another Vs. Niranajan Dutta and others, 2009, 38 CLC (AD)
....no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 996. ......no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 996. ......te-on-Record-For the Petitioner (In both the cases) T. H. Khan, Senior Advocate, instructed by Md. Abu Siddique, Advocate-on-Record-For Respondents) (In both the cases) Civil Petition for Leave to Appeal Nos. 641-42 of 2008. (From the judgment and order dated the 24th day of...... on record; that upon taking needless efforts in search of title of the plaintiff-petitioner in connection with Title Suit No. 17 of 1996 which is merely a suit for permanent injunction wherein the determination of dispute of possession of the contending parties in the suit land is the paramount..Category: Property Law | Date: | Hits: 132
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