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Bakhrabad Gas System Limited Vs. Al Masud-ar-Noor and others, 2013, 42 CLC (AD)
....appointed after the coming into effect or force of the same. With the above observations, the petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 187. ...... November, 2011 passed by the High Court Division in Writ Petition Nos.8079 and 9063 of 2010). Judgment Md. Abdul Wahhab Miah J. - These two leave petitions, facts are similar and common of question law being involved, have been heard together and are disposed of by this common judgment. ...... and order dated the 21st day of November, 2011 passed by the High Court Division in Writ Petition Nos.8079 and 9063 of 2010). Judgment Md. Abdul Wahhab Miah J. - These two leave petitions, facts are similar and common of question law being involved, have been heard together and are dispos..Category: Employment/Service Law | Date: 26 Sep, 2013 | Hits: 12
....no reason and logic, he could just sit over the matter.
With the above observations, this petition is dismissed.
Ed.
This Case is also Reported in: 20 BLC (AD) (2015) 143
......on of said prayers for refund and cancellation of registration made on 20-8-1998, the writ-petitioner received a notice dated 23-4-2003 issued by the Commissioner, informing it that there was no question of balance in the current account for refund rather there were arrears of Taka 3,90,44,058 ......ition filed by the respondents have not been included). However, from the impugned judgment and order, it appears that in the affidavit-in-opposition filed by the Commissioner, he reiterated the facts as stated in the show cause notice dated 23-4-2003. In the affidavit-in-opposition filed by th..
Category: Fiscal/Taxation Law | Date: 24 Sep, 2013 | Hits: 9
State Vs. Mostafizur Rahman and another, 2013, 42 CLC (AD)
....and findings given by Mohammad Anwarul Haque, J. Court's Order The appeal is dismissed by majority decisions. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 218. ......e, it cannot be said that the delay in lodging the FIR is unexplained. Furthermore, one should not lose sight of the fact that in a case of this nature where the chastity of a maiden young girl is in question publicity and legal process is purposely avoided keeping in mind her future. There is no ga...... learned brother Mr. Justice Mohammad Anwarul Haque. Since I could not agree with the reasoning and findings as disclosed in the majority judgment, I propose to express my own views. 5. The facts of the case have been narrated in the judgment of my learned brother Mohammad Anwarul Haque, J..Category: Criminal Law, Women and Children | Date: 18 Sep, 2013 | Hits: 7
Government of Bangladesh Vs. Md. Abdul Maleque Miah and 7 anothers, 2013, 42 CLC (AD)
....allowed and the impugned judgment and order is set aside with the observations made in the body of the judgment. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 167 ......1 to file application to the Administrative Tribunal for making a complaint under section 166 of the Penal Code against the officers who failed to implement the Tribunal's order or orders in question and forwarding the same to a Magistrate having jurisdiction to try the offences. ...... and 4107 of 2000 making the Rules absolute. 2. These appeals have been heard together and are being disposed of by this common Judgment as they do involve common questions of laws and facts. Respondent No.1 of all these appeals filed 8 writ petitions seeking certain directions u..Category: Administrative Law, Constitutional Law | Date: 17 Sep, 2013 | Hits: 3
ATM Nazimullah Chow¬dhury Vs. State & another, 2013, 42 CLC (HCD)
....eps to secure his arrest. Let the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 500. ......lage at a distance of about 22 kilometres from the Chancery Building of Bangladesh Embassy and the expenditure incurred to the extent of 72,000 Dirhams were legally incurred and, as such, there is no question of incurring any criminal liability by the appellant on that count and since the appellant ......rsion of the case, if any, due to the abscondence of the accused-appellant. 5. Anyway, after hearing the prosecution and on an analysis of the evidence and materials on record and in view of the facts and circumstances of the case, the learned Special Judge came to the finding that the pro..Category: Criminal Law, Procedural Law | Date: 1 Aug, 2013 | Hits: 5
....hereby declared to have been given without lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 66 DLR (HCD) (2014) 14.
......ne on the basis of the provisional constitution that has undergone several significant amendments in course of time. The impugned provisions of the impugned constitution have been amended further. No question of examining the validity of the registration of the BJI at this stage arises at all; exami......brother Mr. M. Moazzam Husain, J. I regret, I could not find myself in agreement with him and with great respect to his lordships view, I would like to pass my own opinion as hereunder.
286. The facts necessary for disposal of the Rule, as has been stated by the petitioners, in brief, is that t..
Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 10
....নোয়ার কবির; ইসলামিক ফাউন্ডেশন কর্তৃক প্রকাশিত, পৃষ্ঠাঃ ৬৮)
(..to be continued at CLC ID ( 9365 )
......rocities including heinous and inhuman offences like genocide and crime against humanity. On that score only, as she argued, BJI has no moral right to do politics in Bangladesh. Back to the technical questions of law Mrs. Tania Amir pointedly submitted that the BJI constitution is inherently opposed......isqualification clauses of the RPO has also been given registration by the Commission. The petitioners chose not to challenge the registration of Khelafat Andolon either. This non-mention of material facts, let alone the pick and choose made, he insisted, constitutes gross suppression of material fa..
Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 11
....004 (Assessment year 1997-1998), 1045 of 2003-2004 (Assessment year 1998-1999) and 1046 of 2003-2004 (Assessment year 1999-2000) and the parties to these reference applications are same. Moreover, an identical question has been raised in these income tax reference applications. Therefore, these four......licants
Vs.
The Commissioner of Taxes, Taxes Zone-3, Ayesha Monzil, 35, Pioneer Road, Kakrail, Dhaka………Respondent
Judgment
July 31, 2013
Result:
The question formulated to determination answered in the affirmative in favour of the department and aga......ken up for hearing together and are being disposed of by this common judgment.
2. Facts of these reference applications are more or less similar and, as such, to avoid unnecessary repetition the facts are summarized below:
3. The assessee-applicant-Noor Jahan Akhtar (shortly stated as the ..
Category: Fiscal/Taxation Law | Date: 31 Jul, 2013 | Hits: 3
Nur Jahan Akhtar Vs. Commissioner of Taxes, 2013, 42 CLC (HCD)
....004 (Assessment year 1997-1998), 1045 of 2003-2004 (Assessment year 1998-1999) and 1046 of 2003-2004 (Assessment year 1999-2000) and the parties to these reference applications are same. Moreover, an identical question has been raised in these income tax reference applications. Therefore, these four......onzil, 35, Pioneer Road, Kakrail, Dhaka…………………….Respondents (In all the case) Judgment July 31, 2013. Result: The sole question formulated for determination is answered in the affirmative, in favour of the department. ......ken up for hearing together and are being disposed of by this common judgment. 2. Facts of these reference applications are more or less similar and, as such, to avoid unnecessary repetition the facts are summarized below: 3. The assessee-applicant-Noor Jahan Akhtar (shortly stated as the ..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)
....Civil Rule No.905(f) of 2011 is disposed of. Send down the lower Court records at once. Communicate this order at once. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 5. ......pter. 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 authorises the Administrator to decide the question whether a particular property is waqf property or not and the order made by the Admini......Civil Rule No.905(f) of 2011 is disposed of. Send down the lower Court records at once. Communicate this order at once. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 5. ..Category: Trust/Waqf Law | Date: 29 Jul, 2013 | Hits: 5
Robi Axiata Ltd Vs. First Labour Court Dhaka and others, 2013, 42 CLC (HCD)
....Orders of Stay as initially granted are necessarily recalled and vacated. There are no Orders as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 551 ......e terms of the Rules Nisi issued, these being in turn informed by the Impugned Orders issued. 3. The First Labour Court took due note of the competing standpoints of the parties before it on the question of jurisdiction vesting in the Labour Court either under section 33 or section 213 of the A...... authority not being barred by law as otherwise emphasized in the Order VII, rule 11 applications of Robi Axiata Limited. In other words, having found on the existence of its jurisdiction under the facts and circumstances under section 213 of the Act the Labour Court in each such instance pro..Category: Labour and Industrial Law | Date: 28 Jul, 2013 | Hits: 7
....d over possession of the fishery in question and also to refund to the petitioner the proportionate lease money for the unexpired period of the lease.
Ed.
This Case is also Reported in:
......sed by the High Court Division. The direction to grant lease to one of the other two applicants’ Samity is set aside. The respondents are directed to start fresh process to lease out the fishery in question in accordance with the provisions of the Nitimala 2009. The respondents are directed to all......with the Rules to demise the fishery concerned to one of the two remaining societies namely (1) Lahlamary Fisheries Co-operative and (2) Ramibari Fisheries Co-operative Society forthwith.
2. The facts relevant for disposal of this petition are that the writ petitioner applied for long term leas..
Category: Civil Law | Date: 28 Jul, 2013 | Hits: 169
Zahir Fakir (Md.) and oth¬ers Vs. Hahma Khatun and others, 2013, 42 CLC (HCD)
....urts records along with a copy of this judgment to the concern Court forthwith for information and necessary action. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 240 ......amed in accordance with the instruction of the plaintiffs so the plaintiffs withdrew it on 18-2-1998 with leave to sue afresh. Thereafter the plaintiffs obtained certified copies of the deeds in question, gathered definite knowledge of those deeds and filed the instant suit. 3. The defenda...... Court, Gazipur in Title Suit No. 23 of 1998 dismissing the suit shall not be set aside and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. The short facts for disposal of the rule is that Maulvi Basiruddin, husband of plaintiff No.1 and father of pl..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)
.... Writ Petition No.1337 of 2013. Judgment AFM Abdur Rahman J.- All these 13 (Thirteen) Writ Petitions, as mentioned in the cause title, Having involved the similar question of law and based upon identical factual aspects, all of them have been heard together and now disposed of by this single j......ition Nos.1335-1336 of 2013. Writ Petition No.1337 of 2013. Judgment AFM Abdur Rahman J.- All these 13 (Thirteen) Writ Petitions, as mentioned in the cause title, Having involved the similar question of law and based upon identical factual aspects, all of them have been heard together and n......erprise-Vs-The National Board of Revenue by this court on 13.1.2013 and a simple annexation of the said judgment with the instant case is suffice for the purpose of disposal of these rules, since the facts, grounds and relevant law are identical and similar. 3. Upon examining all the thirteen wri..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: ......Complainant and Zaman Dyeing & Fabrics Ltd. but the Company has not been implicated as accused, the complainant instituted this proceeding without implicating the principal accused, the cheque in question being issued on behalf of the company, namely Zaman Dyeing & Fabrics Ltd. a private com......ing its extra-ordinary jurisdiction under Section 561A of the Code of Criminal Procedure cannot decide the factual aspect of the case. We cannot decide the factual aspect of the case, the question of facts will be decided in the trial court. We find support of the above view in the case of Niza..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)
....The respondent No.3 is directed to pay cost of Taka 50,000 to petition No.1 and Taka 50,000 to petitioner No. 2 within 30 days. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 584. ...... are liable to be rectified by omitting 11,500 shares shown to have allotted to the respondent Nos.3, 4 and 5 in the manner and aforesaid. The learned advocate also submits that even the allotment in question is illegal for violating the provisions of section 155(1) of the Act. He next, emphatically......The respondent No.3 is directed to pay cost of Taka 50,000 to petition No.1 and Taka 50,000 to petitioner No. 2 within 30 days. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 584. ..Category: Company Law | Date: 24 Jul, 2013 | Hits: 10
....respondents No.2-4 treating the same as a proper miscellaneous case after hearing both sides forthwith.
Communicate at once.
Ed.
This Case is also Reported in: 66 DLR (HCD) (2013) 1.
......ch the application under section 19(4) of Ain, 2003 was hopelessly barred by limitation and the impugned judgment and order dated 25-09-2011 have been wrongly passed having not deciding the question of limitation as such is liable to be declared to have been passed without lawful auth......were duly served or whether the defendants were prevented by sufficient cause and etc.
9. That being so the only question which calls for consideration in this petition is whether under the facts and circumstances of the case the Adalat was justified in allowing the application in the year..
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. ......r dated the 10th day of February, 2011 passed by the Appellate Division in Criminal Petition for Leave to Appeal Nos.478-479 of 2010) Judgment Md. Abdul Wahhab Miah J. - The parties and the questions involved in the two petitions being same, both these review petitions are disposed of by t......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. ..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. ......t for disposal. The respondent filed an application before the High Court Division under section 561A of the Code of Criminal Procedure (the Code) for quashing the proceedings of the Sessions case in question, mainly, on the ground that statutory notice demanding from the respondent the payment of t...... of the notice issued under clause (b) of the proviso to section 138 of the Act, 1881 by which demand was made from the respondent to pay the amount of the dishonoured cheque. 10. From the facts stated in the petition of complaint as well as in the impugned judgment and order, it appears ..Category: Others, Procedural Law | Date: 23 Jul, 2013 | Hits: 9
....e benefits to the petitioners counting their service period in the development project.
There will be no order as to costs.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 157
......ssued by the Deputy Secretary, Ministry of Health and Family Welfare (Annexure C). In such view of the matter, petitioners' seniority will be determined from the said date.
15. The next question from which date the petitioners' salary, leave and other service benefits is to he dete......e benefits to the petitioners counting their service period in the development project.
There will be no order as to costs.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 157
..
Category: Administrative Law, Employment/Service Law | Date: 8 Jul, 2013 | Hits: 3
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