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Mrs. Saju Hossain & Others Vs. Government of the People's Republic of Bangladesh, 2004, 33 CLC (AD)
....all stages. The respondents are directed to comply the court's order within 4(four) months from receipt of the judgment Ed. This Case is also Reported in: II ADC (2005) 506; 16 BLT (AD)(2008)5. ......he repeal of Ordinance No. 1 of 1969 on 23.3.1974 no further vested property case can be started thereafter on the basis of the law which is already dead. This Division in the above case approved the principle of law laid down in 46 DLR 136. 25. Accordingly there is no basis at all to treat the c...... leased to Mr. Habibur Rahman Khan and 31 others in V. P. Case No. 210 of 1980 could be evicted on 5.8.1999 at 11 A. M. and in the above Memo the Deputy Commissioner to Police (West) Dhaka was also informed that Mr. Badra Munir Ferdous Assistant Commissioner and magistrate, Dhaka Collect rate, was t......all stages. The respondents are directed to comply the court's order within 4(four) months from receipt of the judgment Ed. This Case is also Reported in: II ADC (2005) 506; 16 BLT (AD)(2008)5. ..Category: Property Law | Date: | Hits: 40
Government of Bangladesh Vs. Md. Shahin Reza, 2007, 36 CLC (AD)
....ind no reason to interfere with the order of the Administrative Appellate Tribunal. Accordingly, petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 592. ......gard the delay in filing the appeal, considering the same as sufficient and that merit of the case requires condonation of delay for doing justice to the parties. 16. It is the accepted principle of law that the justice is to be done evenly to the parties before the Court in a p...... Abu Bakkar Siddique, Deputy Attorney General, instructed by B. Hossain, Advocate-on-record-For the Petitioners. Sufia Khatun, Advocate-on-record-For the Respondent. Civil Petition for Leave to Appeal No. 1278 of 2005 (From the Judgment and Order dated July 10, 2005 passed...... 17. Legislature prescribes period requiring one intends to approach a Court/tribunal to vindicate one's cause or grievance within the specified time for meaningful purpose i.e. for determination of any dispute apparent between the parties over any matter by the said specified tim..Category: Administrative Law | Date: | Hits: 102
N A Choudhury Vs. Controller of Insurance & Ors, 2005, 34 CLC (AD)
....sider it in accordance with law. With the aforesaid observations the appeal stands dismissed. The parties do bear their respective costs. Ed. This Case is also Reported in: V ADC (2008) 588. ...........Appellant Vs. The Controller of Insurance and others. .........Respondents Judgment December 7, 2005. Result: The appeal is dismissed. There is no hard and fast principle spelt out by the Government that any specific number of companies among which, the appella....... There is no hard and fast principle spelt out by the Government that any specific number of companies among which, the appellant were, would be accorded permission to have registration for doing the business of insurance and as such the argument that some other companies being given t......sider it in accordance with law. With the aforesaid observations the appeal stands dismissed. The parties do bear their respective costs. Ed. This Case is also Reported in: V ADC (2008) 588. ..Category: Business or Commercial Law | Date: | Hits: 81
Enayet Hossain Vs. Nur Islam Howlader, 2006, 35 CLC (AD)
....s barred by limitation. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 580. ...... the same ex parte decree being Miscellaneous Case No.7 of 1971 which was dismissed on 24.03.1972. Thereafter the second case brought by the son of another defendant (since deceased) is barred by principle of res judicata and hence the same is not maintainable. 3. The trial court allowed......nts. Judgment November 5, 2006. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioner. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 1131 of 2005. (From the judgment and order dated 20.06.2005 passed b......s barred by limitation. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 580. ..Category: Procedural Law | Date: | Hits: 91
Padma Bibi Vs. Headmaster & Secretary, Moheshkhali High School & others, 2006, 35 CLC (AD)
....ion and there is no cogent ground to interfere with the decision of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 511. ......isturbing the possession of the plaintiffs in the suit land and so the suit having been filed against a wrong person is not maintainable. The High Court Division further held that the settled principle of law is that the plaintiff is to prove his/her own case but in support of plaint case t......l 2, 2006. Lawyers Involved: A.K.M shahidul Haq, Advocate-On-Record- For the petitioner. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 1186 of 2004. (From the judgment and order dated 7th January, 2006 p......ion and there is no cogent ground to interfere with the decision of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 511. ..Category: Property Law | Date: | Hits: 29
N.G. Shaha Steel Ind. (Pvt.) Ltd. Vs. Custom Excise VAT Aplt. Tribunal, Dhk & ors, 2005, 34 CLC (AD)
.... facts and circumstances stated above, we find no merit in the appeal. Accordingly, the appeal is dismissed with costs. Ed. This Case is also Reported in: V ADC (2008) 507. ...... facts and circumstances stated above, we find no merit in the appeal. Accordingly, the appeal is dismissed with costs. Ed. This Case is also Reported in: V ADC (2008) 507. ......o.281 of 1998 discharging the Rule Nisi. 2. Short facts are that the appellant-company is a manufacturer of GP sheets and CGI sheets. Zinc Ingot and BP sheets are used as raw materials for production of the same and the appellant-company imports the raw materials from abroad. The app......powered committee was constituted to investigate the matter. In course of investigation the committee unearthed the whole matter of VAT evasion and thereafter, the evaded VAT was demanded. The determination of base value fixed on the basis of the declaration cannot bind the VAT authorities w..Category: Fiscal/Taxation Law | Date: | Hits: 83
Golam Rabbani Vs. Chairman, Court of Settlement and others, 2008, 37 CLC (AD)
....d at a correct decision. The appeal is dismissed with cost of Tk. 10,000/- Ed. This Case is also Reported in: 13 MLR (AD) (2008) 345; 61 DLR (AD) (2009) 15; 29 BLD (AD) 2009, 1. ......the disputed property was listed in the "Ka” or "Kha" list, it is the abandoned character of the property which is the main criteria for determining the whole matter. The same principle has been reiterated in the case of Government of Bangladesh Vs. K. M. Zaker Hossain and o......the property in question was originally allotted to one Md. Muslim who constructed a two storied building thereon taking loan from the House Building Finance Corporation, entered into an agreement for sale on 28.1.1971 for a consideration of Tk. 60,000/- upon receipt of Tk. 40,000/- as advance a......d at a correct decision. The appeal is dismissed with cost of Tk. 10,000/- Ed. This Case is also Reported in: 13 MLR (AD) (2008) 345; 61 DLR (AD) (2009) 15; 29 BLD (AD) 2009, 1. ..Category: Civil Law | Date: | Hits: 119
Dalimon Nessa Bewa and others Vs. State, 2007, 36 CLC (AD)
.... of the learned Advocate for the petitioners. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 329; 61 DLR (AD) (2009) 8. ......icial mind to the Exhibits Ka(1) and Ka(2) that exhibits has no nexus to the facts and circumstances of the case and without discussion and analysis and giving any reason whatsoever relying on the principle enunciated in the case of Malik Din Vs. Mohammad Aslam reported in 21 DLR (SC) 94 (Judgme......s Involved: Md. Aftab Hossain, Advocate-on-Record-For the Petitioner. M. Nurul Amin instructed by A. K. M. Shahidul Huq, Advocate-on-Record-For the Respondent. Civil Petition for Leave to Appeal No. 751 of 2005. (From the judgment and order dated 14th March, 2005 pas...... of the learned Advocate for the petitioners. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 329; 61 DLR (AD) (2009) 8. ..Category: Property Law | Date: | Hits: 41
Korea Bangladesh Food Products Limited Vs. National Bank Limited and others, 2008, 37 CLC (AD)
....find no substance in the submission of the Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 253. ......ositing requisite amount of money before filing appeal based on the amount of the decree which must mean that the order or the decree appealed against must arise out of the suit and it is a settled principle of law that an execution proceeding is not a suit; that Section 26 of the Artha Rin Adala......tioner. Zainul Abedin, Senior Advocate, instructed by A.K.M. Shahidul Huq, Advocate-on-Record-For the Respondent No. 1. None represented- Respondent Nos. 2-9. Civil Petition for Leave to Appeal No. 478 of 2007. (From the judgment and order dated the 14th February, 2......find no substance in the submission of the Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 253. ..Category: Business or Commercial Law | Date: | Hits: 82
Abdul Kader Mirza and others. Vs. Bangladesh and others, 2007, 36 CLC (AD)
....rocedure that any delinquent entitled to speedy disposal of the case instead of lingering the same for years together in order to secure the ends of justice. 33. Moreover, the Ain provides a guiding principle taking the provisions in the Ain as a whole which does not affect the right and ob......ichar Tribunal Ain, 2002 confer unbridled and arbitrary power upon the Government to transfer case to Druto Bichar Tribunal under the said Act without recording any reason and without adhering to the principles of natural justice and there is no guideline in the Act, as to when and under what circ......e Druta Bichar Tribunal Ain, 2002 The Druta Bichar Tribunal Ain, 2002 empowers the Government to transfer any case mentioned in section 6 pending in a Criminal Court to Druta Bichar Tribunal for speedy trial. The Act puts emphasis on offence(s) specified therein but not on any particular ac...... determining and deciding which cases are to be transferred or not, nor provided any criteria and yardstick nor provides any transparent policy, a neutral board or independent authority making such determination, thereby arbitrary pick and choose' leading to discriminatory application allowing the..Category: Criminal Law | Date: | Hits: 59
Unilac Sanowara (BD) Ltd. Vs. Bonlac Foods Limited and another, 2008, 37 CLC (AD)
....nt is liable to be rectified. It was stated that the respondent is required to produce the originals of all the annexures to the application and prove the same in accordance with law. ......ed under the provision of section 25 of the Trade Marks Act, 1940. It is now too late to file this application under section 46 of the Act. The present trade mark application is barred by the principle of waiver, estoppel and acquiescence. The present application is barred under section 24 ...... User Agreement with the Respondents and having full knowledge of the ownership of trademark of the respondents, committed fraud upon the Registrar of Trademarks in obtaining the registration. Therefore, the High Court Division rightly cancelled the registration in exercise of its power under se......nt is liable to be rectified. It was stated that the respondent is required to produce the originals of all the annexures to the application and prove the same in accordance with law. ..Category: Intellectual Property Law | Date: | Hits: 245
BADC and another Vs. Md. Shamsul Haque Mazumder and 27 others, 2008, 37 CLC (AD)
....plication of mind and was rightly declared illegal. We do not find any merit in these appeals which are accordingly, dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 152. ......ncept of legitimate expectation and promissory estoppel failing to take into consideration policy decision of the Government and thereupon holding that the orders of release have been violating the principle of legitimate expectation and principle of promissory estoppel though the orders of rele...... 2008. BADC Service Regulations, 1990, regulation 55(2) Regulation 55 (2) of the BADC Service Regulations, 1990 allowing termination of service requires either issuance of a notice in advance for a period of three months or payment of salary for three months to the concerned employee. In the......plication of mind and was rightly declared illegal. We do not find any merit in these appeals which are accordingly, dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 152. ..Category: Employment/Service Law | Date: | Hits: 105
Bangladesh Vs. Iqbal Hasan Mahmood Tuku, 2008, 37 CLC (AD)
....ore maintainable. In view of the foregoing discussions the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 147. ...... said criminal case was valid without issuing any prior notice on the respondent and whether the sanction accorded by NBR in its meeting preside by its chairman who was not a member was hit by the principle of coram-non-judice, (3) Whether the writ petition filed by the respondent was maintainab......May 20, 2008. Result: The appeal is allowed. Income Tax Ordinance 1984, ss. 93 and 128, 165 and 166 Failure to initiate proceeding for assessment or the pendency of assessment proceeding cannot operate as a bar to the institution ......ighest civil liability dealt with and determined by the income tax authorities under the Ordinance and the proceeding in this regard is initiated by the Deputy Commissioner of Taxes. The process of determination to pay tax and imposition of penalty become final after revision and appeal to the h..Category: Fiscal/Taxation Law | Date: | Hits: 97
Kulsum Bibi & others Vs. Deputy Commissioner, Magura and others, 2006, 35 CLC (AD)
.... arrived at a correct decision and there is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 92. ......udicata under section 11 of the Code of Civil Procedure, the High Court Division relying on the case of Kala Meah vs. Faiz Ahmed reported in 2 MLR (AD) 218 held that the present suit is hit by the principle of res judicata. 6. We are of the view that the High Court Division, on proper co......atun, Advocate-on-Record-For the Petitioners. Birash Chandra Biswas, Advocate-on-Record-For respondent Nos. 3-6. Not represented-Respondent Nos. 1-2 & 7-10. Civil Petition for Leave to Appeal No. 3 of 2004. (From the judgment and order dated 15-4-2003 passed by th...... arrived at a correct decision and there is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 92. ..Category: Property Law | Date: | Hits: 28
Md. Hyder Ali Mia Vs. Razia Begum and others, 2006, 35 CLC (AD)
....on to interfere with the above decision. So, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 75; 12 BLC (AD) (2007) 75. ......bdul Aziz vs. Abani Mohan Mukherjee and others reported in 30 DLR (AD) 221. We are of the view that the High Court Division, on proper assessment of the materials on record and applying the principle of law as applicable in the present appeal, arrived at a correct decision and there is no......e dated 13-3-1986 passed in Other Class Suit No. 46 of 1986 was set aside and thereby the above suit was restored to its original file and number. 2. The appellant instituted the above suit for specific performance of contract and on obtaining ex parte decree dated 10-3-1986 got a sale de......on to interfere with the above decision. So, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 75; 12 BLC (AD) (2007) 75. ..Category: Property Law | Date: | Hits: 33
KM Zahirul Haque Vs. Shahida Khanam and others, 2006, 35 CLC (AD)
....ons made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 65. ......uential relief is found necessary but has not been prayed for the court may either dismiss the suit or direct the plaintiff to pay additional court fee for the purpose, keeping in view the general principle that a document which is void abinitio need not be cancelled. If a written instrument is a...... Ahmed sold the property so obtained by lease to Mrs. Anowara Begum (plaintiff's vendor) on July 25, 1981 and she entered into an agreement with the plaintiff on July 13, 1987 to sell the property for a consideration of Taka 50,000 and upon receiving Taka 45,000 out of the total consideration mo......s what relief can be sought by a party who is not a party to the kabala or the decree and that when the decree is void or void abinitio and voidable. 23. In the instant case, the point for determination is, while the decree in a suit for specific performance of contract for sale of land ..Category: Property Law | Date: | Hits: 31
Manirunnessa Khanam and another Vs. Syed Madassir Ali and another, 2006, 35 CLC (AD)
....ived at the correct decision and there is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD)(2007) 25. ......as in those cases,, the question as to whether there was any scope of rehearing of a civil revision decided on merit by a regular judgment, was not raised and decided and in the above decisions no principle of law was also enunciated to the effect that rehearing of a civil revision, which was di......KM Shahidul Huq, Advocate-on-Record-For the Petitioners. Nurul Islam Bhuiyan, Advocate-on-Record - For Respondent No.1. Not represented—Respondent No. 2. Civil Petition for Leave to Appeal No. 193 of 2005 (From the judgment and order dated 26th July, 2004 passe......ived at the correct decision and there is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD)(2007) 25. ..Category: Trust/Waqf Law | Date: | Hits: 199
Mohammad Ali Vs. Bangladesh and others, 2007, 36 CLC (AD)
....any substance in the submissions of the learned Advocate for the petitioner. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 299. ......le the suit as aforesaid. 3. The defendant-respondents' contention in the suit is that the suit is not maintainable in its present form, that the suit is barred by limitation and by the principle of estoppel, acquiescence and waiver; that the plaintiff has no right, title and posses&s......3, 2007. Lawyers Involved: Md. Abdul Hoque, Advocate instructed by Mahmuda Begum, Advocate-on-record-For the Petitioner. None represented-the Respondents. Civil Petition for Leave to Appeal No. 165 of 2005. (From the judgment and order 06.12.2004 passed by the H......any substance in the submissions of the learned Advocate for the petitioner. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 299. ..Category: Property Law | Date: | Hits: 25
Md. Shahidur Islam and others Vs. Md. Habibur Rahman and others, 2007, 36 CLC (AD)
.... the submissions of the learned Advocate for the petitioner. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: V ADC (2008) 289. ......rom the suit land and as such the suit is liable to dismissed with costs. 5. Mr. A J Mohammad Ali, learned Counsel, appearing for the petitioner submits that it is the well established principle of law that the plaintiff has to prove his case and in the present suit the plainti...... the Petitioners. Mahbubey Alam, Senior Advocate, instructed by Sufia Khatun, Advocate-on-Record-For Respondent Nos. 1-20. Not Represented - Respondent No. 21. Civil Petition for Leave to Appeal No. 950 of 2005. (From the judgment and decree dated the 4th July, 2005 ...... the submissions of the learned Advocate for the petitioner. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: V ADC (2008) 289. ..Category: Property Law | Date: | Hits: 24
Matiar Rahman Vs. Assist Custodian of Enemy Property Lands & Buildings, Bakerganj, 2007, 36 CLC (AD)
....ade hereinabove we find merit in the appeal. 26. Accordingly, the appeal is allowed without any order as to costs. Ed. The Case is also Reported in: IV ADC (2007) 991. ......e case of Basharatullah, being dead his heirs: Fazle Karim and others Vs. Government of Bangladesh and others reported in (1996) 16 BLD (AD) 9 wherein it has been held: "Consistently with the principle that there is to be end to the litigation, it is the well-recognized that review is not a...... 2. The Appeal was filed against the judgment and order dated June 29, 1982 of the 1st Court of Additional District Judge, Bakerganj in Miscellaneous Case No. 5 of 1980 allowing the same. The aforesaid miscellaneous case was registered upon an application filed under Order 47 Rule 1 of ......ade hereinabove we find merit in the appeal. 26. Accordingly, the appeal is allowed without any order as to costs. Ed. The Case is also Reported in: IV ADC (2007) 991. ..Category: Property Law | Date: | Hits: 34
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