Search Options
Judgment Advanced Search
Displaying 201-220 of 7133 results.
Ali Amjad Khan (Md.) Vs. Md. Habibullah Dawn & others, 2013, 42 CLC (AD)
....iation of law and fact do not call for interference. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 28. ......f Civil Procedure for restoration of his possession in the suit land. His case, in brief, is that Rafique Ahmed Khan got allotment of the suit land from Rajdhani Unnayan Karthipakkha (RAJUK) and accordingly, RAJUK executed and registered a lease deed dated 13-8-1969 and he got possession thereo......ip;……………… Petitioner Vs. Md. Habibullah Dawn & others ………………….Respondents Judgment October 10, 2013 Result: The civil petition is dismissed. Lawyers Involved: Abdul ......ile any application under Rules 100 arid 101 of Order XXI read with section 151 of the Code of Civil Procedure and that the High Court Division without taking into consideration this provision of the law erroneously held that leave-respondent No.1 is entitled to recover of possession of the disputed..Category: Civil Law | Date: 10 Oct, 2013 | Hits: 33
SM Redwan Vs. Md. Rezaul Islam and others, 2013, 42 CLC (AD)
....he High Court Division are hereby set-aside. The concerned Courts are directed to proceed with the cases in accordance with law. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 169. ......he High Court Division are hereby set-aside. The concerned Courts are directed to proceed with the cases in accordance with law. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 169. ......lip;…...............Appellant (In Criminal Appeal No.30 of 2004) Vs. Md. Rezaul Islam and others........…Respondent (In both the cases) Judgment October 9, 2013. Result: Both the appeals are allowed. Payment stopped by the draw...... in Criminal Miscellaneous Case Nos.2788 of 2000 and 5752 of 1999. Judgment Hasan Foez Siddique J. - These two appeals being Criminal Appeal Nos.30 and 31 of 2004 involve a pure question of law as to the applicability of section 138 of the Negotiable Instruments Act, 1881 (hereinafter..Category: Criminal Law, Others | Date: 9 Oct, 2013 | Hits: 12
....costs. The order of stay granted earlier is vacated.
Communicate a copy of the judgment to the bank concerned at once.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 50.
......t finds that such unilateral document, is not a valid document and it does not prove to this Court's satisfaction that the possession was delivered to the auction purchaser. This Court, accordingly, finds that the auction process has been a colourable and purported exercise of power by......n
(Special Original Jurisdiction)
Present:
Syed Refaat Ahmed J
Mahmudul Hoque J
Proshanta Kumar Sarkar....................Petitioner
Vs.
Managing Director, Agrani Bank Ltd Head Office and others..........Respondents
Judgment
Oct......Ain, 2003, in the 'daily Ghaghat', Gaibandha dated 13-11-2008 (Annexure-"A'), and on the basis of the notice, if any, auction had taken places should not be declared illegal, without lawful authority and is of no legal effect, and/or such other or further order or orders passed as t..
Category: Others, Procedural Law | Date: 8 Oct, 2013 | Hits: 8
Moulana Abdul Hakim (Md.) Vs. Government of Bangladesh and others, 2013, 42 CLC (HCD)
....iry into certain allegations but are not further accompanied by any information or substantiating documents of duly instituted and continued process of determination based on the principle of natural justice or indeed due subscription to the provisions of the ordinance and the Rules in allowing that......uot; or "any authority", inclusive of "any person performing any function in connection with the affairs of the Republic." The reference to government functionaries must accordingly, be seen as an appendage made to the broader category of "anyone" or "any...... Syed Refaat Ahmed J Md. Ashraful Kamal J Moulana Abdul Hakim (Md.)...............Petitioner Vs. Government of Bangladesh and others..............Respondent Judgment October 3, 2013 Result: The Rule is disposed of. Constitution of Bangladesh, 1972; Arti...... why the Impugned Order vide Memo No. Ma Gu Da Aa 912 dated 12-2-2011 (Annexure-J) signed and issued by the Respondent No. 10 purporting to dismiss the petitioner should not be declared to be without lawful authority and is of no legal effect and/or such other or further order or orders passed as to..Category: Administrative Law, Constitutional Law | Date: 3 Oct, 2013 | Hits: 2
Ahmed Lal Mia Vs. State and another, 2013, 42 CLC (AD)
....ove, no interference is called for with the impugned judgment and order. The leave petition is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 204. ......appeared for the accused before the High Court Division made a candid submission to the effect that he had instructions not to press the Rule so far as it relates to the order passed on 26-2-2012 and accordingly, the High Court Division decided only the propriety of the order dated 29-11-2011 passed......y J Ahmed Lal Mia............................Petitioner Vs. State and another ………………………..Respondents Judgment October 3, 2013. Result: The leave petition is dis......a case under section 138 of the Act, 1881 cannot be stayed on the ground of pendency of a money suit filed by the accused and if such a course is allowed to be practised then the whole purpose of the law shall be frustrated. Therefore, we find no substance in the first submission of Mvi Md. Wahidull..Category: Criminal Law | Date: 3 Oct, 2013 | Hits: 5
AA Engineering Limited Vs. University of Khulna, 2013, 42 CLC (AD)
....ds: see Extract from Opinion of Appellate Committee of the House of Lords in RV Montila. In a latter case the Divisional Court followed the wording of this section when answering a question from justices as to the weight they should give to Home Office guidance regarding closure orders und......thout deducting therefrom any amount on account of VAT. Khulna University is under the obligation to pay VAT in the instant case. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 19. ......ip;……………........Appellant Vs. University of Khulna, represented by its Vice-Chancellor and others……….Respondents Judgment October 3, 2013. Result: The appeal is allowed. Cases Referred to- Mersy Insurance......si in Writ Petition No.3426 of 1999. 3. The University authorities, respondent Nos.1-4 contested the Rule by filing affidavit-in-opposition wherein it was contended that the aforesaid amount was lawfully deducted towards payment of VAT as per clause 2.45(a) of the General Conditions of the Cont..Category: Fiscal/Taxation Law | Date: 3 Oct, 2013 | Hits: 28
Satsang Bangladesh, D. Pakutia Vs. People’s Republic of Bangladesh and others, 2013, 42 CLC (HCD)
....ry injunction is liable to be rejected. There is no misreading or non-reading of evidence and non-consideration of material fact resulting in an error in the decision occasioning failure of justice by which the order of the appellate Court can be interfered with. 9. Heard the lea......evidence within 2(two) months from the date of receipt of this judgment, order. Communicate the judgment and order at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 110 ...... with Probir Neogi, Advocates—For the Opposite Party No. 3. Civil Revision No. 2484 of 2010. Judgment Soumendra Sarker J.— The Rule issued calling upon the opposite parties to show cause as to why the impugned judgment and order dated 29-4-2010 passed by the learned Specia......d Advocates appearing on behalf of the opposite parties opposing the Rule submits that the schedule land of the original suit is unspecified and the suit is not maintainable under the purview of law and the lower appellate Court is justified in holding that the suit itself is not tenable i..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)
....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. ......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. ......ptember 26, 2013. Result: The petitions are dismissed. The accrued/vested rights of its employees can not be taken away Service Rules The appointing authority has every right to amend/alter the service rules to suit the need of the time but not to the detriment or disad......, 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. 2. Bo..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
......cess VAT upon cancellation of the writ-petitioner's VAT Registration Certificate No.5061001444 dated 17-12-1998, Area Code 50201 under section 19(3) of the VAT Act, 1991. The Rule was issued accordingly.
4. The case of the writ-petitioner was that it is a private company limited by sha......e Court
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......cerned VAT authority to move in the matter and give his decision. The concerned VAT authority must have remembered that he, being a Government functionary, was duty bound to act as per the dictate of law this way or that way and, for no reason and logic, he could just sit over the matter…&hel..
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. ......fter seeing the newspaper report the informant Shamsunnahar Chowdhury (P.W. 1), who is the Convener of the Mohila Parishad, Rajbari discussed the matter in their regular meeting on 30-9-1995 and according to the decision of the meeting the informant went to meet the victim on 8-10-1995 at the h......ellant Vs. Mostafizur Rahman and another...........Respondents Judgment September 18, 2013 Result: The appeal is dismissed by majority decisions. Case Referred to- State of Punjab Vs. Jagir Sing; SCC (1974) PP 285-286 and Md. Abdul Hamid Mollah Vs. Ali Mo...... Fourthly.—With her consent, when the man knows that he is not her husband, and that her consent is given because she believes that he is another man to whom she is or believes herself to be lawfully married. Fifthly.—With or without her consent, when she is under fourteen years ..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)
....lic Service Commission as required under Article 140(2) (c) he was compelled to challenge the aforesaid impugned orders before the Court. Being superseded illegally again and failing to get justice from the Government he had no other alternative than to take shelter of the judiciary by fil......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 ......aleque Miah and 7 another.........Respondent Judgment September 17, 2013 Result: The appeals are allowed. Case Referred to- Saifur Rahman Vs. Bangladesh through the Secretary, Ministry of Agriculture, (1989) 41 DLR ......343, 4222 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 dir..Category: Administrative Law, Constitutional Law | Date: 17 Sep, 2013 | Hits: 3
ATM Nazimullah Chow¬dhury Vs. State & another, 2013, 42 CLC (HCD)
....cial Case before the learned trial Judge and this is why, he failed to surrender before the learned trial Judge during the pendency of the case and this being the state of affairs, in the interest of justice, an opportunity may be afforded to the appellant to place his version by remanding the case ......of Bangladesh to the UAE, certain allegations of corruption were levelled against him. As such, the informant Abdullah-al-Zahid (P.W.1) was sent to the UAE to hold an inquiry into the allegations and accordingly he held a detailed inquiry thereinto as per the order dated 16-3-2008 passed by the......……………………………..Respondents Judgment August 1, 2013. Result: The appeal is dismissed. Cases Referred to- Abdul Bari Mollah Vs. State, 3 BLC 474; Abul Khair Vs. State, 58 DLR 500; Abul Kalam Azad V......s preferred the instant appeal by surrendering to the trial Court. 7. The only point for determination in the appeal is whether the impugned judgment and order dated 16-11-2008 is sustainable in law or not? 8. At the outset, Mr. Fida M Kamal, learned Advocate appearing on behalf of the. ap..Category: Criminal Law, Procedural Law | Date: 1 Aug, 2013 | Hits: 5
....constitution of BJI merely states in Clause 3 that legal sovereignty lies with God. Legal sovereignty of God is recognition of an All-Powerful, All-Knowing God and the ultimate authority of God to do justice. This is not inconsistent with the political sovereignty of the people. The Constitution of ......ing the political situation at the relevant time EC granted provisional registration in favour of the BJI as a political party of Bangladesh and a registration certificate was issued in favour of BJI accordingly (Annexure-3).
330. The registration of a political party in not unconditional and u......maat-e-Islami and others……………………Respondents
Judgment
August 1, 2013.
Result:
The Rule is made absolute.
Cases Referred to-
Kusper Vs. Pontikes, 414 US, at 57, 38L Ed 2nd at 266; Whitney Vs. California, 274 US 357, ......ve therefore decided to challenge the EC, because they want to ensure that all the constitutional functionaries and office bearers of the Republic, including the EC, without fail, observe the rule of law and the Constitution and seek to hold them accountable, so that the constitutional office bearer..
Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 10
....otection of basic human rights and fundamental freedom of backward and underprivileged section of the people violated by the state or its instrumentalities. Superior Courts, in their anxiety to reach justice to the backward and the underprivileged section of citizens allowed, in fit circumstances, p......ecause, the registration was necessary for inducing the then four-party alliance, in which BJI was included, to participate in the ensuing election. The registration given as of political expediency, according to them, is a gross violation of law and the Constitution and cannot be allowed to go unch......maat-e-Islami and others……………………Respondents
Judgment
August 1, 2013.
Result:
The Rule is made absolute.
Cases Referred to-
Kusper Vs. Pontikes, 414 US, at 57, 38L Ed 2nd at 266; Whitney Vs. California, 274 US 357, ......o show cause as to why the registration (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 t..
Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 11
....t of Bangladesh is directed to take steps under section 161(2) of the Income Tax Ordinance, 1984.
S. H. Md. Nurul Huda Jaigirdar J.- I agree.
Ed.
This Case is also Reported in:
......t of Bangladesh is directed to take steps under section 161(2) of the Income Tax Ordinance, 1984.
S. H. Md. Nurul Huda Jaigirdar J.- I agree.
Ed.
This Case is also Reported in:
......tion 161(2) of the Income Tax Ordinance, 1984.
S. H. Md. Nurul Huda Jaigirdar J.- I agree.
Ed.
This Case is also Reported in:
......reed with the view taken by the AJCT and thereby, uphold his 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 g..
Category: Fiscal/Taxation Law | Date: 31 Jul, 2013 | Hits: 3
Nur Jahan Akhtar Vs. Commissioner of Taxes, 2013, 42 CLC (HCD)
....ngladesh is directed to take steps under section 161(2) of the Income Tax Ordinance, 1984. S. H. Md. Nurul Huda Jaigirdar J. - I agree. Ed. This Case is also Reported in: ......ngladesh is directed to take steps under section 161(2) of the Income Tax Ordinance, 1984. S. H. Md. Nurul Huda Jaigirdar J. - I agree. Ed. This Case is also Reported in: ......(2) of the Income Tax Ordinance, 1984. S. H. Md. Nurul Huda Jaigirdar J. - I agree. Ed. This Case is also Reported in: ......reed with the view taken by the AJCT and thereby, uphold his 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 g..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. ......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. ......nance — 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 authorises the Administrator to decide the question w......০-২-২০১০ইং তারিখের সোলে ডিক্রি বে-আইনী, অন্যায়, অবৈধ, অকার্যকর, obtained by fraud practice, without law-full effect & authority infractious, vires, null & void and void ab initio বাতি..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 ......no authority fundamentally vests in it to entertain such applications per se. Seized as this Court is as of the forty-two Writ Petitions for the reasons as above enunciated and explained, it is, accordingly, found that in all these cases the Petitioner, Robi Axiata Limited adopted a procedure u......Court Dhaka and others...................Respondents Judgment July 28, 2013. Result: All the Petitions the Rules Nisi are discharged. Cases Referred to- General Manager, Hotel Inter Continental Dacca 2nd Labour Court, 28 DLR 160; Railway Men......e the application of the Petitioner 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 interi..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)
.... an opportunity to the erring party to fill up the lacuna in pleadings and evidence on this count also the impugned judgment and decree of the Appellate Court suffers from serious miscarriage of justice which has resulted an error in the decision occasioning failure of justice. More so, by the ......hifted 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 and according to us we find that all the materials for deciding the suit finally were before the Appella...... and others……………....Opposite Parties Judgment July 25, 2013 Result: The rule is made absolute. No Scope to avoid Responsibility by the Appellate Court— Appellate Court has purposely and intenti......it for an indefinite period. Thus by overall observation the impugned Judgment and order as passed by the Joint District Judge, 2 Court, Gazipur cannot be sustainable under any provision of law….(12) Case Referred to- Shefali Rani, 50 DLR 349 and Nur Mohammad Vs. Karim Bib..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)
....o the writ petitioners. In the result, these rules are made absolute. However, there shall be no order as to cost. Mohammad Ullah J. - I agree. This Case is also Reported in: ......rough SRO No. 232-Ain/Income Tax/2011 dated 05.7.2011 (Annexure-B) should not be declared ultra vires Section 16 and 53 of the Income Tax Ordinance, 1984 as well as Article 83 of the Constitution and accordingly, why the impugned demands made under Nothi (s) No. 32/Scrap Vessel/AP/ Section-9(B)/2011...... I agree. This Case is also Reported in: ......35-1336 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 now disposed ..Category: Fiscal/Taxation Law | Date: 25 Jul, 2013 | Hits: 121
86958836921295768846869495798842898491549159963193659364921488918940962095968379