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Chairman, RAJUK Vs. Mostafa Kamal and others, 2009, 38 CLC (AD)
....and as such the High Court Division committed an error of law in making the Rule absolute. 8. The learned Counsel lastly submits that the High Court Division committed an error of law and facts in holding that the doctrine of legitimate expectation applies in the instant case. 9. The learned C......s his concise statement in para 18 asserted as under:- "It is stated that the writ petitioner is ready and willing to pay an amount of Tk.7,07,03,900/- in order to meet the plea of appellant that government interest is involved." 19. At the time of argument the learned Counsel of the responden..Category: Limitation Law | Date: | Hits: 154
Mohammad Shahid Ullah Vs. Chairman, First Court of Settlement, Dhaka and others, 2008, 37 CLC (AD)
.... as forged. The High Court Division held that these arc questions of facts and cannot be decided in writ jurisdiction. 10. It appears that the appellant could not prove that Syed Nazir Ahmed was holding and possessing the building in question from 1972-82 and therefore, the property became an a......that the disputed building was allotted to Syed Nazir Ahmed, son of late Syed Wasi Ahmed on 07.08.1953 as a refugee for his rehabilitation by an Indenture of Agreement concluded between the then Government of erstwhile East Pakistan on one part and aforesaid original allottee on the other part, ..Category: Property Law | Date: | Hits: 37
Shamsun Nahar Vs. Khairunnessa Sadiq and others, 2009, 38 CLC (AD)
....e Heba-bil-Ewaz deed dated 24.11.1980 is void and not binding upon the plaintiffs. 6. The learned Counsel for the appellant submitted that the High Court Division committed error of law in not holding that as per Section 168 of Mohammedan Law an undivided share of unusable property capable of......e case. Under such circumstances it can be said that plaint case was not at all proved by collateral oral and documentary evidence." 11. Such finding of the appellate court has not been controverted by the High Court Division sitting in revision and therefore the judgment of the High Court ..Category: Property Law | Date: | Hits: 33
Md. Nazrul Islam Vs. National Fans Limited and another, 2009, 38 CLC (AD)
....triction can be imposed upon anybody in using any place of the business or changing of business address. 6. As it appears the High Court Division dismissed the Trade Marks Appeal No.63 of 2001 holding that the Trade Mark "GX 0661" as being used by the petitioner and the Trade Mark 00661 as be......ality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2010) 61, 16 MLR (AD) (2011) 420. ..Category: Intellectual Property Law | Date: | Hits: 211
.... a Survey Agency 'জরিপ সংস্থা’ under the service code S020.00 of the VAT Act, 1991 and as such in the facts and circumstances of the case the High Court Division was in error in holding otherwise and thereupon in making the Rule absolute, that in paragraph 6 of the Schedule 2 o...... refund the VAT already realized from the bills of the PSI Agencies.
4. The writ petitions were filed more or less with the common contentions, that PSI Agencies were appointed by the Government to render service outside Bangladesh and that VAT being levyable for service rendere..
Category: Fiscal/Taxation Law | Date: | Hits: 95
Collector of Customs and others Vs. TK Oil Refinery Ltd. and 22 others, 2009, 38 CLC (AD)
....ation under section 25(7) and does not provide for any authority to determine the value of imported goods by any circular. 10. As it appears, the High Court Division made the Rules absolute holding that a reading of the provisions of section 25(1)(2)(3) and section 30(1) of the Customs Act......the basis of tariff value in respect of imports where letters of credit were opened prior to the deletion of the tariff value. 6. The respondents filed affidavit-in-reply contending that the Government is not competent to fix any price like the indicative price and whatever price is fixed by..Category: Fiscal/Taxation Law | Date: | Hits: 86
....gislative Drafting Wing of the Ministry of Law, Justice and Parliamentary Affairs as the Secretary-in-charge of the Ministry and rule nisi was issued to show cause how and under what authority he was holding the said office of the Secretary-in-charge on the following averments.
4. In exercise of ...... Division
(Civil)
Present:
Md. Tafazzul Islam J
Md. Joynul Abedin J
Md. Abdul Matin J
Md. Abdul Aziz J
ABM Khairul Haque J
Md. Muzammel Hossain J
Surendra Kumar Sinha J
Government of Bangladesh and others ........Appellants (In Civil Appeal No.111 of 2008).
Kazi Habi..
Category: Constitutional Law | Date: | Hits: 207
Md. Chan Miah Vs. Md. Dabirul Islam Khan @ Muku Miah & Others, 2009, 38 CLC (AD)
....ted within the extended time allowed by the Court, which aspect has not been considered by the High Court Division, and thus arrived at an erroneous decision and that the high court division erred in holding that the limitation provided for pre-emption under section 96 of the State Acquisition and T......ed as pre-emption Miscellaneous Case No. 47 of 2003 in the 1st Court of Joint District Judge, Moulvibazar. The pre-emptor filed the pre-emption case claiming to be contiguous landholder of the land covered by registered sale deed dated 29.1.2001 executed by the opposite party Nos. 2-6 in favour of ..Category: Property Law | Date: | Hits: 63
....ee dated 16.02.1995 dismissed both Title Suit Nos.16 and 25 of 1992. The appellants preferred First Appeal Nos.108 and 203 of 1995 and the High Court Division after hearing dismissed both the appeals holding inter alia, that Additional Deputy Commissioner (Revenue), Dhaka was competent and legally a......ting the land of the appellants for the purpose of granting so-called settlement is without jurisdiction. The possession of the property in question was always with the appellants and was never taken over by Additional Deputy Commissioner (Revenue) Dhaka or Sub-Divisional Officer and the same was ne..
Category: Property Law | Date: | Hits: 43
M/s International Trade Promotors Vs. Judge, Artha Rin Adalat No. 1 Dhaka & ors, 2008, 37 CLC (AD)
....passed in Writ Petition No.5344 of 2005 disposing of the Rule directing the learned Judge of the Artha Rin Adalat No.1, Dhaka for passing necessary orders for setting aside the auction sale and for holding fresh auction of the mortgaged properties provided the petitioners pay the respondent No.3......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: 17 BLT (AD) (2009) 306. ..Category: Civil Law | Date: | Hits: 191
Joynul Karim & others Vs. State, 2009, 38 CLC (AD)
....aside the judgment and order dated 27.7.2002 passed by the Metropolitan Magistrate in C.R. Case No. 359 of 2002 in respect of the case filed under section 138 of the Negotiable Instrument Act, 1881, holding that the complainant failed to file the case within the stipulated period and the learned M......mplainant petitioner through its letter dated 19.1.2001 informed the accused No.1 about nonpayment and requested to confirm about encashment of the cheque but without any response. Then, on contact over telephone made by the complainant petitioner, the accused No.1 expressed sorry for such non-enc..Category: Criminal Law | Date: | Hits: 163
Sakat Ali Gazi and others Vs. Mr. Abdur Razzaque and others, 2009, 38 CLC (AD)
....s. and from documentary evidences it is evident that Panchu Moral inherited the share in the Ka, Kha and Ga schedule land from Danu Moral but the High Court Division committed error in holding that in Title Suit No.413 of 1986 Jongal Moral failed to prove his relationship with Danu M......l. 9. Therefore, we find no substance in these leave-petitions and accordingly both the petitions are hereby dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 219. ..Category: Property Law | Date: | Hits: 90
Md. Altaf Hossain and others Vs. State, 2009, 38 CLC (AD)
.... not been done. 5. We find substance in the submissions of the learned Advocate on the materials on record and in view of the submissions, the case be send back to the court below for holding trail afresh in accordance with law upon condonation of delay. 6. According, the lea......ng aside the judgment and order passed by the High Court Division on condonation of delay in filing the Criminal Appeal. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 217. ..Category: Criminal Law | Date: | Hits: 126
Md. Nazrul Islam Vs. Monzurul Islam Liton and others, 2009, 38 CLC (AD)
....heir judgment and order 30.07.2003 made the Rule absolute and directed the respondents to give the work order and licence to the writ petitioner within 2 weeks from the date of receipt of the order holding, inter-alia, that the action of the respondent No.4 was contrary to the principle of Admin......ngers and charges for the luggage and parcel etc. of train No.461/462 and 445/446 stating, inter alia, that the writ petitioner is the proprietor of Islam Ship Builders and Heavy Engineering. The Government of Bangladesh privatized all the trains of the country except the Inter-City trains to ov..Category: Civil Law | Date: | Hits: 149
National University and others Vs. Begum Sultana Razia, 2009, 38 CLC (AD)
....sel next submits that the High Court Division erred in construing the order of termination of service of the respondent as decided upon by the Syndicate of the University in its 77th meeting, and holding that there was stigma against the respondent in deciding termination of service under Sectio......tion denying all the material allegations made in the writ petition contending, inter alia, that at the time of removal from service the respondent was a probationer and as such, her service will be governed by the National University Sangbidhi (Regulation No.6) and not by Sangbidhi-8 of the Jatiya ..Category: Employment/Service Law | Date: | Hits: 118
Country Director, World Bank Vs. Ismat Zerin Khan, 2009, 38 CLC (AD)
....ting the plaintiff respondent to revalue the suit in its correct perspective for the purpose of court fees and jurisdiction. He further submits that the High Court Division committed illegality in holding that there is no objective standard of valuation of the suit having regard to the nature of......committed illegality in holding that there is no objective standard of valuation of the suit having regard to the nature of the prayer sought by way of amendment to the plaint seeking relief for recovery of arrear salaries by way of mandatory injunction. 7. We have heard the learned Counse..Category: Employment/Service Law | Date: | Hits: 104
Abdur Rahman Chowdhury Vs. Mst. Nurjahan Chowdhury and others, 2001, 30 CLC (AD)
....tition the suit land in future after the death of the executant. 6. Mr. Abdur Razzak, learned Counsel of the petitioner, has submitted that the High Court Division committed error of law in holding the settlementnama intended for partition after the death of Abdul Hakim Chowdhury is inval......e delay. Security of Tk.1000/- is to be deposited within one month. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 97
State Vs. Chandan Ali and others, 2009, 38 CLC (AD)
....took up investigation, visited the place of occurrence, prepared sketch map with separate index thereof, prepared inquest report of the dead body of the deceased and sent it to the morgue for holding postmortem examination, seized alamats by preparing seizure list, examined the witnesses an......ial Court (Additional Sessions Judge), who on the basis of materials available on record framed charge against the accused-petitioner and others under Sections 3027 34 of the penal Code and read it over to them on dock to which they pleaded not guilty and demanded trial. 6. After close of ..Category: Criminal Law | Date: | Hits: 68
Md. Naya Mia Sikder and others Vs. Faizur Banu and others, 2009, 38 CLC (AD)
.... decimals out of 2.26 acres of land under section 96 of the State Acquisition and Tenancy Act which was sold by the kabala deed dated 27.1.1973 on the allegation that she is a co-sharer in the case holding by inheritance being one of the heirs of Torap Ali. Torap Ali died leaving his wife Nesa Bib......tor previously filed Miscellaneous Case No.783 of 1971 which was withdrawn and thereafter she filed the present case and meanwhile the pre-emptee mutated his name and has been paying rent to the government. 4. The learned Assistant Judge allowed the pre-emption case on contest by the judgment..Category: Property Law | Date: | Hits: 61
Md. Mobarak and another Vs. Sk. Ayub Ali and others, 2008, 37 CLC (AD)
....posite party Nos. 4-19 praying for pre-emption of the case land under section 96 of the state Acquisition and Tenancy Act alleging, inter alia, that the pre-emptors are co-sharers in the case holding by inheritance and also by purchase and the pre-emptees are stranger purchasers. It is also...... find any cogent reason to interfere with the impugned judgment of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 974. ..Category: Property Law | Date: | Hits: 44
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