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Afazuddin Fakir (Md.) Vs. MH Rahman and others, 2013, 42 CLC (HCD)
....d with the Miscellaneous Case in accordance with law. Send down the lower Court records with copy of this judgment at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 581 ......igh Court Division (Civil Revisional Jurisdiction) Present: Md. Nuruzzaman J Farid Ahmed J Afazuddin Fakir (Md.)...................Petitioner Vs. MH Rahman and others..............Opposite Parties Judgment June 17, 2013. Result:......ed 24-11-2010 passed by the Joint District Judge, in Miscellaneous case No. 129 of 2008 allowing the application and thereby rejected the pre-emption case. The present petitioner challenging the legality and propriety of the impugned order dated 24-11-2010 preferred the instant revisional appli..Category: Property Law | Date: 17 Jun, 2013 | Hits: 4
Wadud Mollah (Md.) Vs. Md. Nayem and Another, 2013, 42 CLC (AD)
....urt Neither the accused has any right to claim bail nor the Court has uncontrolled power to enlarge him on bail when it is non-bailable offences. Court can exercise its discretionary power upon proper application of judicial mind and this exercise should not be arbitrary lest the ends of justi......nbsp; AHM Shamsuddin Chowdhury J Wadud Mollah (Md.)........................Petitioner Vs. Md. Nayem and Another………………....Respondents Judgment ...... repeatedly reminded the High Court Division that the ultimate object of the criminal justice delivery system is to ensure the law and order in the society and one of the ways to do is that to impose legal sentence to an offender, and if the power of pre-arrest bail is exercised indiscriminately it ..Category: Criminal Law | Date: 17 Jun, 2013 | Hits: 3
Monowara Begum Vs. Government of Bangladesh others, 2013, 42 CLC (HCD)
....5 of 1993 in the Court of Senior Assistant Judge, Nalchity, Jhalakati for declaration that the decree passed in Title Suit No. 351 of 1975 is illegal, void and for further declaration that the vested property proceeding in respect of the suit land is legal and lawful. 3. The further c......nt SM Emdadul Hoque J. — On an application of the petitioner Monowara Begum under section 115 (1) of the Code of Civil Procedure, the Rule was issued calling upon the opposite party Nos. 1 and 2 to show cause as to why the impunged judgment and decree dated 24-5-1997, passed by the learne....... 1 and 2 as plaintiffs instituted Title Suit No.105 of 1993 in the Court of Senior Assistant Judge, Nalchity, Jhalakati for declaration that the decree passed in Title Suit No. 351 of 1975 is illegal, void and for further declaration that the vested property proceeding in respect of the s..Category: Civil Law, Property Law | Date: 16 Jun, 2013 | Hits: 2
Moulana Development Co. Limited Vs. National Board of Revenue and others, 2013, 42 CLC (HCD)
....-2, Chittagong respondent No. 3 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 to this court may seem fit and proper”. 2. It has been asserted in the writ petition that the assessee-writ-petitioner is a pr......s to show cause as to why the impugned letters being নথি নং ৩০৫-২০০-৪৯৩৯/২০১২-১৩/২০০৮ তারিখ ০৪.৭.২০১২ইং (Annexure-C) and letter being নথি নং- টাস্কফোর্স/ উৎস কর কর্তন/......তন/সা-২৩/১১ তারিখ 15.7.2012 (Annexure-D) isued by the Deputy Commissioner of Taxes Circle-23 (Companies) Taxes Zone-2, Chittagong respondent No. 3 should not be declared illegal without lawful authority and is of no legal effect and/or such other or further order or order..Category: Fiscal/Taxation Law | Date: 12 Jun, 2013 | Hits: 86
Golam Rasul Belal Vs. Habibullah Shakir and another, 2013, 42 CLC (AD)
....llip;… (15) Service of a document by post shall be deemed to be effected at the time at which the document would be delivered in the ordinary course of post if that is done by properly addressing, pre-paying and posting by registered post. Reasons behind this presumption......l Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J AHM Shamsuddin Chowdhury J Golam Rasul Belal..................................Appellant Vs. Habibullah Shakir and another.............Respondents Judgment June 11, 2013. Result: The appeal i......hment must be treated as rarest of rare cases so that it can't scuttle or burry a prosecution case on flimsy and unfounded reasons. when the complainant stated that he had served a legal notice within 15 days from the date of the receipt of information of the return of the cheque,..Category: Criminal Law | Date: 11 Jun, 2013 | Hits: 10
Sahab Uddin (Md.) Vs. State and another, 2013, 42 CLC (HCD)
....ce during the trial. In view of the above, we find no merits in the leave petition. Accordingly, the same is dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 86. ...... Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J AHM Shamsuddin Choudhury J Sahab Uddin (Md.).........................Petitioner Vs. State and another ........................Respondents Judgment June 11, 2013. Result: ...... dishonoured cheque whatever may be the allegations, because such a device shall totally make the section itself nugatory. However, if a holder or the payee gets hold of a dishonoured cheque by any illegal means as alleged in the instant case, the drawer of the cheque shall have the liberty to take ..Category: Civil Law | Date: 11 Jun, 2013 | Hits: 14
Grameen Telecom Vs. Commissioner of Taxes, 2013, 42 CLC (HCD)
....o be admitted and heard on merit by the Commissioner of Taxes (Appeal), immediately. However, there shall be no order as to costs. Mohammad Ullah J. -I agree. This Case is also Reported in: ...... refusing to allow the admission of appeal before the Commissioner of Taxes (Appeal). 2. It has been stated in the instant Income Tax Reference Application that the Assessee-applicant is a company and a regular income tax assessee under the Companies Circle-07, Taxes Zone-03, Dhaka, and holding T......e Tax Reference Application accordingly formulating the following questions, seeking opinion from this court; 1) Whether on the facts and in the circumstances of the case, the learned Tribunal was legally justified in dismissing the appeal without affording an opportunity of the applicant to conf..Category: Fiscal/Taxation Law | Date: 5 Jun, 2013 | Hits: 86
A.B.M. Liton Vs. Bangladesh & Others, 2013, 42 CLC (HCD)
....made absolute. Refusal of Bail not Sustained-- Since the Adalat as well as the Bank proceeded against the body of all the defendants including the petitioner before proceeding against their properties, and since the Bank and the Adalat proceeded against the petitioner before exhausting all......e. Refusal of Bail not Sustained-- Since the Adalat as well as the Bank proceeded against the body of all the defendants including the petitioner before proceeding against their properties, and since the Bank and the Adalat proceeded against the petitioner before exhausting all the process......itioner (Annexure-E), and the order of rejection of bail of the petitioner dated 27-9-2012, passed by the same Adalat (Annexure-B), should not be declared to be without lawful authority and are of no legal effect. Short facts, relevant for the disposal of the Rule, are that the Eastern Bank United, ..Category: Banking Law | Date: 3 Jun, 2013 | Hits: 5
Bimol Rosario Vs. Barbara Rosario and others, 2013, 42 CLC (HCD)
.... Court of appeal below rightly held "that the plaintiff is a 45 years old lady, she has two minor children. It is quite unnatural that depriving that minor child their mother could gift her property to her nephews." 10. Mr. Moudud Ahmed in support of his submission has relie......n (Civil Revisionai Jurisdiction) Present: Sheikh Abdul Awal J Bimol Rosario……………......................Petitioner Vs. Barbara Rosario and others ...........Opposite Parties Judgment May 22, 2013. Result: The Rule i......aving behind only son Gabriel Rosario alias Gabu Rosario whose name has been rightly recorded in SA 181 and RS Khatian Nos.92 and 93. Gabriel Rosario died leaving behind 3 sons and 3 daughters as his legal heirs and the plaintiff got 31, 25 decimals of land including the suit land on amicable partit..Category: Civil Law, Evidence Law | Date: 22 May, 2013 | Hits: 3
Nazrul Islam (Md.) & others Vs. Mahfuzur Rahman and others, 2013, 42 CLC (HCD)
....sistant Judge, Shariakandi, Bogra in Eviction Suit No.57 of 1997 dismissing the suit, should not be set-aside and or pass such other or further order or orders as to this Court may seem fit and proper. 2. The facts leading to the issuance of the Rule in short, is that the present opposite......diction) Present: ANM Bashir Ullah J Nazrul Islam (Md.) & others……………………Defendant-Petitioners Vs. Mahfuzur Rahman and others.................Plaintiff-Opposite Parties Judgment May 21, 2013. Result: ......order along with the lower Court s record be sent down to the concerned Court for information and necessary action. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 126. ..Category: Property Law | Date: 21 May, 2013 | Hits: 6
Moon Construction Company Limited Vs. Government of Bangladesh & others, 2013, 42 CLC (HCD)
....SP/NC/ctg.Khulna/Tender-596/2005/53 dated 26-6-2006 respectively issued by respondent No. 2 (Annexure-H and H (1) and/or such other or further order or orders passed as to this Court may seem fit and proper.” 2. The averments figured in the petition, in generating factual instruments are ......bsp;of the Constitution of Bangladesh, 1972 Due Process And Reasonable And Non-Arbitrary Laws And Procedure- A person may be destructively treated not only by action, but also by inaction and inaction may contravene the Article, when it is arbitrary and unreasonable. In the instant ......d documents were handed over to the petitioner by the respondent Nos. 7 and 8 and other concerned authorities on 11-1-2007. After taking the possession of the site, the petitioner had to evict some illegal occupants from the site. For the reason of evict of illegal occupants and enhancing the market..Category: Constitutional Law | Date: 16 May, 2013 | Hits: 4
ABSCO Limited Vs. Artha Rin Adalat No.2, Dhaka & another, 2013, 42 CLC (HCD)
....n Adalat Ain, 2003 should not be declared to have been passed without lawful authority and are of no legal effect and/or such other or further order or orders passed as to this Court may seem fit and proper. 3. In Writ Petition No. 9436 of 2012 the Rule Nisi was issued calling upon the responde......dalat No.2, Dhaka & another..................Respondents Judgment May 15, 2013. Result: Both the rules are discharged. Artha Rin Adalat Ain (VIII of 2003); Sections 10(1) and 19(2) Section 10 of the Ain, 2003 does not provide any provisions for filing applications a......isions on ex-parte hearing and disposal. In the present case, the court having assumed jurisdiction to proceed with the case ex-parte under section 10(1) of the Ain there resultantly remained no legal sanction for the petitioners to further additionally opt to take recourse to 1 section 19 of t..Category: Corporate Law, Others | Date: 15 May, 2013 | Hits: 8
....section is only in respect of agricultural loan and that loan for the purpose of manufacturing handicrafts does not come within the exemption. This finding of the High Court Division is based on proper appreciation of section 19(2) (Jha) of the Local Government (Pourashava) Act, 2009.
9. M......in J
Siddiqur Rahman Miah J
AHM Shamsuddin Choudhury J
Taposh Malaker..............Petitioner
Vs.
Government of Bangladesh, Represented by the Secretary, Ministry of LGRD) and others……………………………&h......made on proper appreciation of law and facts do not call for interference.
Accordingly, the leave petition is dismissed.
Ed.
This Case is also Reported in: 19 BLC (AD) (2013) 1.
..
Category: Election Law | Date: 7 May, 2013 | Hits: 6
....tion
are that the respondent No.1 as plaintiff filed original suit No.313 of 2005
praying for a declaration to the effect that the Letter dated 12-6-1999 issued
by the defendant No.1 is illegal, improper, unjust and out of jurisdiction and
the recommendation Letter dated 26-7-2000 regarding dism......Hossain J
Siddiqur
Rahman Miah J
AHM Shamsuddin
Chowdhury J
Head Mistress, Hazrat Shah Ali Girls' High School, Mirpur,
Dhaka .............Petitioner
Vs.
Mohammad
Ibrahim and others..........Respondents
Judgment
May 6, 2013.
Result:
The leave petition......this petition
are that the respondent No.1 as plaintiff filed original suit No.313 of 2005
praying for a declaration to the effect that the Letter dated 12-6-1999 issued
by the defendant No.1 is illegal, improper, unjust and out of jurisdiction and
the recommendation Letter dated 26-7-2000 regar..
Category: Procedural Law | Date: 6 May, 2013 | Hits: 15
Moklesuddin Ahmed and another Vs. Rezia Khatun and others, 2013, 42 CLC (HCD)
....nt-petitioners as plaintiffs instituted a suit being Title Suit No.21 of 1999 in the Court of the Subordinate Judge, now Joint District Judge, 1s Court, Manikganj for declaration of title in the suit property and for further declaration that the RS record of the suit property in the name of the defe......bsp; ......ganj for declaration of title in the suit property and for further declaration that the RS record of the suit property in the name of the defendant No.9 and the predecessor of defendant Nos.1-8 are illegal, collusive and not binding upon the plaintiffs. On 3-5-2001 the suit was dismissed ex par..Category: Constitutional Law | Date: 5 May, 2013 | Hits: 4
Hasan Chowdhury (Md.) Vs. Bangladesh Bank and others, 2013, 42 CLC (HCD)
.... and sub-section (1)(Gha) of the section 45 of the Act, Bangladesh Bank enjoys the authority to pass any direction on all or any of the Bank-Companies in the public interest or for ensuring proper management. 14. In this context we think it relevant to quote a line from the decision o......Original Jurisdiction) Present: Md. Ashfaqul Islam J Md. AshrafUl Kamal J Hasan Chowdhury (Md.) ..................Petitioner (In both the petitions) Vs. Bangladesh Bank and others..................Respondents (In both the petitions) Judgment May 22, 2013. ......5042 dated 24-4-2012 for an amount of Taka 1,08,50,000 only along with up-to-date interest @ 18% per annum till recovery, shall not be declared to have been made without lawful authority and is of no legal effect and further, as to why the respondent Nos. 1-5 shall not be directed to take appropriat..Category: Banking Law | Date: 2 May, 2013 | Hits: 3
Sheikh Shahadat Hossain (Md.) Vs. National Board of Revenue, and others, 2013, 42 CLC (HCD)
.... 14 Cal-365, P-372 (PC]. However, in some modern cases, it would appear that judges of the superior courts relied upon the punctuation carefully used in the statutes for reaching conclusion as to the proper interpretation of the same. As for example, where Section 27 of the Drugs and Cosmetics ......ur Rahman J Hassan Arif J Sheikh Shahadat Hossain (Md.)………………………Appellant Vs. National Board of Revenue and others................Respondents Judgment April 25, 2013. Result: The Custo......of the said Act, thereby entitling the appellants to prefer the aforesaid appeals before the High Court Division against the same under section 196D of the said Act. Considering the importance of the legal issues involved and divergence of opinion prevailing at the Bar on the same, we have requ..Category: Fiscal/Taxation Law | Date: 25 Apr, 2013 | Hits: 2
....
Item
Description of Goods As Per First Schedule & Remarks
Commercial
Description
(brand no., model no., art no., chemical or physical property if necessary etc.)
Quantity
Quality
H.S....... Jurisdiction)
Present:
Mohammad Bazlur Rahman J
Md. Ruhul Quddus J
Bureau Veritas (BIVAC) Bangladesh Ltd………………...........Appellant
Vs.
Customs Excise and Vat Appellate Tribunal, Dhaka and others…………...Respondents
Judgment
April 24, ......appearing for the respondent submits that the Appellate Tribunal as well as the Commissioner of Customs in passing their respective orders considered the documents available on records. There is no illegality in the impugned orders which can be interfered with by this Court sitting in virtually a se..
Category: Fiscal/Taxation Law | Date: 24 Apr, 2013 | Hits: 186
Abdul Mukid (Md.) Vs.. Artha Rin Adalat Khulna and another, 2013, 42 CLC (HCD)
....roceeding at the instance of respondent No. 2. In the process of said execution, the Adalat issued warrant of delivery of possession in favour of respondent No.2 in respect of the mortgaged property of the petitioner's father. The petitioner then filed an application for recalling the ...... (Special Original Jurisdiction) Present: Nazmun Ara Sultana J Sheikh Hasan Arif J Abdul Mukid (Md.)...........................Petitioner Vs. Artha Rin Adalat Khulna and another................Respondents Judgment April 21, 2013 Result: Th...... 1993 passed by Artha Rin Adalat, 2nd Court, Khulna being Order No.1 dated 28-7-1993 (Annexure-D to the Writ Petition) should not be declared to have been passed without lawful authority and is of no legal effect. 2. Shorts facts, relevant for the disposal of the rule are that; Respondent No.2,..Category: Corporate Law | Date: 21 Apr, 2013 | Hits: 4
....er XXI, rule 58 of the Code of Civil Procedure, at the instance of the 3rd party.
3. Facts giving rise to this rule in a nutshell are that the opposite-party No. 2 offered to sell her only property through her attorney and the petitioner accepted the offer of sale at a consideration ......17
......ng of Miscellaneous Case No. 28 of 2011 before the Joint District Judge if he is so advised.
Ed.
This Case is also Reported in: 66 DLR (HCD) (2014) 117
..
Category: Civil Law, Procedural Law | Date: 18 Apr, 2013 | Hits: 2
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