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Mainuddin Vs. State and another, 2010, 39 CLC (AD)
.... no error of law in maintaining the impugned order. The submissions of the learned Counsel merit no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......eem Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Mainuddin…………………………………………………….Petitioner Vs. The State and another ……………………………...Respondents Judgment August 5, 2010. Result......t, the High Court Division upon a superficial consideration of the materials on record maintained the impugned order. He lastly submits that the material on record will prove that there is totally no legal evidence in support of the charge against the petitioner and as such, the learned Judges of th..Category: Criminal Law | Date: | Hits: 66
....isions of the VAT Act read with the Customs Act and considering the observations made by the High Court Division in the above mentioned writ petitions and interim Order passed in similar cases denied proper dispensation of justice to the petitioner by asking it to deposit VAT as per the VAT Act and ......
Nazmun Ara Sultana J
Syed Mahmud Hossain J
Md. Imman Ali J
Mamtaz Uddin Ahmed J
JMS Glass Industries Ltd............................................Petitioner
Vs.
Customs, Excise and VAT Appellate TribuÂnal and others...............Respondents
Judgment
November 17, 2011.
......he treasury chalan after depositing the demanded Value Added Tax (VAT) as per the provisions of the Value Added Tax Act, 1991 (the VAT Act) to have been issued withÂout lawful authority and is of no legal effect. Accordingly, the Rule was issued.
3. The case of the writ-petitioner as made out in..
Category: Fiscal/Taxation Law | Date: | Hits: 130
Azmal Khan Vs. Md. Afzal Khan and others, 2011, 40 CLC (AD)
....rial Court allowing the prayers for amendment of the pleadÂings in which the appellant wanted to introduce cerÂtain facts which are not conformity with his earlier plea of ejmali nature of the suit property and (b) whether the defendant No.1 is competent to chalÂlenge the said orders since the pl......e Division (Civil) Present: ABM Khairul Haque CJ Md. Muzammel Hossain J Surendra Kumar Sinha J Azmal Khan.........................................Appellant Vs. Md. Afzal Khan and others…………….........Respondent Judgment March 2, 2011. Result: The appeal ......ame. We find no substance in the contention of Mr. Kamal-ul-Alam. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 17. ..Category: Civil Law | Date: | Hits: 86
Ramjan Ali Mistry Vs. Md. Hedayelullah, 1978, 7 CLC (AD)
....td. Vs. Shri Ram Krishna Dalmia, AIR 1973 (SC) 425. In conclusion, we find no merit in this apÂpeal, which is dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 183.......lant Vs. Md. Hedayelullah………………………..Respondent Judgment February 27, 1978. Result: The appeal is disÂmissed. Cases Referred to- AK Fazlul Haq Vs. Nibaran Chandra Saha, (1967) 19 DLR 901; Mullah Mahbub Ali Vs. Jonab Ali, (1956) 8 DLR 448; Ananda Sundari Kar......ever, it will depend on the facts of a particular case to see whether there has been default in the payment of rent in terms of the statute but once the fact is established in terms of the Ordinance, legal consequence flowing therefrom cannot be averted. The decisions set out above on this question ..Category: Property Law | Date: | Hits: 87
Zaminur Rahman & others Vs. Bangladesh & others, 1978, 7 CLC (AD)
....ant that toll, rate or fee is levied for services renÂdered and is in the nature of quid pro quo and is a permissible levy but according to him, it is distinct from the levy of Octroi which is a tax proper. In the Ordinance tax and rates and tolls have all been put in the same category. 14. We f......-General, with M. Nurullah, Advocate, instructed by S.M. Huq, Advocate-on-Record - For the Respondents. No.2. Exparte - For the Respondent No.3. Civil Appeal No. 36 of 1977. (From the Judgment and Order dated the 2nd August, 1976 passed by the High Court Division in Writ Petition No.416 of 19......onferred upon them by statute. Municipal Committees are formed with elecÂted and nominated members to administer the functions conferred on them by the GoÂvernment under a statute and have distinct legal entities. A fund is also constituted to execute the defined developmental programmes which ben..Category: Fiscal/Taxation Law | Date: | Hits: 112
Mullick Brothers Vs. Income Tax Officer and another, 1978, 7 CLC (HCD)
.... premises the appeal is allowed but without any order as to costs. The impugned demand notices are declared to be of no lawful authority. Ed This Case is also Reported in: 31 DLR (AD) (1979) 165.......Appellate Division (Civil) Present: Kemaluddin Hossain C J K M Subhan J Badrul Haider Chowdhury J Mullick Brothers……………………….Appellant Vs. Income Tax Officer and another……………………………Respondents Judgment November 30, 1978. Result:......on) Regulation dated 15.4.1969 (hereinafter called the Regulation) on malicious report from the informer taking advantage of the Martial Law prevailing in Pakistan. The appellant was coerced by the illegal process and was forced to accept abnormal high income and taxes assessed against the appellant..Category: Fiscal/Taxation Law | Date: | Hits: 122
Sonali Bank Vs. Mozaffor Hossain, 1997, 26 CLC (HCD)
....ion of the plaint till the date of ex-parte decree awarded in, favour of the plaintiff-Bank. It appears that the plaint was registered on 2-2-1978. The defendant did not appear in the suit inspite of proper service of notice upon him. The Court, ultimately, fixed 19-8-1978 for ex parte disposal. On ......AK Badrul Huq J Sonali Bank…………………..Petitioner Vs. Mozaffor Hossain………………….Opposite Party Judgment August 17, 1997. Result: The Rule is made absolute and the Order of stay stands vacated. Lawyers Involved: Md. Shahidul Haque, Advocate - For the......appearing when the suit was called on hearing. The second one is relevant for the present purpose. 14. Keeping in view of the above provisions, I am now to see whether the defendant could prove by legal evidence that he was prevented by sufficient cause from appearing when the suit was called on ..Category: Procedural Law | Date: | Hits: 80
Harunar Rashid (Md.) Vs. Subordinate Judge, (Artha Rin Adalat) Bogra and others, 1997, 26 CLC (HCD)
....92 (Annexure to the petition) is hereby declared to have been passed or made without any lawful authority and to be of no legal affect. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 170....... Qazi Shafiuddin J Syed JR Mudassir Husain J Harunar Rashid (Md.) son of late Rafique Uddin, Jinnath Mahal.......................Petitioner Vs. Subordinate Judge, (Artha Rin Adalat) Bogra and others………………..Respondents Judgment November 11, 1997. Result: The Rule i......to why the judgment and decree passed by the respondent No.1 in Artha Rin Adalat Suit No.248 of 1991 on 16-7-92 should not be declared to have been passed without any lawful authority and to be of no legal effect. 2. Short facts for the disposal of the Rule are that the petitioner was appointed a..Category: Civil Law | Date: | Hits: 71
Abdur Rahim Vs. Arifur Rahman and others, 1997, 26 CLC (HCD)
....fendant duly executed a bainapatra dated 18-5-80 in his favour on receipt of Taka 50,000.00 as earnest money on the stipulation that they would execute and register a sale deed in respect of the suit property on receipt of the balance of the consideration money. In spite of demands the defendants di......Court High Court Division (Civil Revisional Jurisdiction) Present: Mahmudul Amin Choudhury J Gour Gopal Saha J Abdur Rahim........................Petitioner Vs. Arifur Rahman and others.......................Opposite Parties Judgment November 27, 1997. Result: N...... Gour Gopal Saha J Abdur Rahim........................Petitioner Vs. Arifur Rahman and others.......................Opposite Parties Judgment November 27, 1997. Result: No illegality was found in the impugned judgment to call for any interference by this Court. Cases Ref..Category: Procedural Law | Date: | Hits: 68
Mohor Ranjan Pal and others Vs. State, 1997, 26 CLC (HCD)
....সপি/২৮/৮৪(অংশ-২) and by forging the signature of the then Section Head of the Ministry of Establishment. On the said information the Minister of Home Affairs passed an order for proper investigation and to take legal action accordingly. Following that ASP (CID) Abdul Kahar Akon...... Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 163. ......-২) and by forging the signature of the then Section Head of the Ministry of Establishment. On the said information the Minister of Home Affairs passed an order for proper investigation and to take legal action accordingly. Following that ASP (CID) Abdul Kahar Akond investigated the matter and lod..Category: Criminal Law | Date: | Hits: 71
.... one Abdul Gafur was the original owner of the Suit plot and he sold the same to defendant Nos. 1 to 4, who were brothers on 31-10-32. Defendants No.4 Kalimuddin while in joint possession of the same property transferred his 4 annas share to his wife Safatunnessa by registered Heba bil Ewaz deed dat......maintained.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 156.
...... 4 of the Partition Act, stated that the suit land is a part of his own undivided homestead. So the prayer made by the petitioner in the trial Court under section 4 of the Partition Act is considered legal. But both the Courts, below overlooked this fact and arrived at a wrong finding specially the ..
Category: Property Law | Date: | Hits: 63
Bainchitala Islamia Junior Madrasha Vs. Md. Abdur Rashid & others, 1997, 26 CLC (HCD)
....ng the application filed by the opposite parties in view of the facts that the petitioners did not assert in their application under Order I rule 10 of the Code that they have inherited the said suit property as heir of their deceased father defendant No.7 Badaruddin. The learned Advocate further su......ment March 2, 1997. Result: The Rule is made absolute. Cases Referred To- PLD 1974 (Lahore) 312; 22 DLR 500; 42 DLR 481; 32 DLR (AD) 96; PLD 1974 (Lah) 312. Lawyers Involved: HN Nandi, Advocate - For the Petitioner. A Salam Khan, Advocate - For the Opposite Parties. Civil...... appellants under Order 1 rule 10 of the Code by the impugned order dated 22-2-95. Being aggrieved by the aforesaid order the petitioners preferred this revisional application to call in question the legality and propriety of the aforesaid order passed by learned appellate Court below and obtained t..Category: Property Law | Date: | Hits: 55
Doris Waldman Vs. Bangladesh and others, 1996, 25 CLC (HCD)
....en made without lawful authority and are of no legal effect. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 151.............. issued by respondent No.3 and Memo No.Mind/II-2/ETP-Reg (27)94/52 dated 27-1-96 (Annexure-C) issued by respondent No.4 should not be declared to have been made without lawful authority and are of no legal effect. 2. The case of the petitioner is as set forth below: The petitioner Mrs. Doris ..Category: Criminal Law | Date: | Hits: 87
Shahnewaz Karim (Md.) Vs. State, 2009, 38 CLC (HCD)
.... Result: The Rule is made absolute. The Code of Criminal Procedure, 1898 (V of 1898); section 561A The Magistrate has the power to make order of temporary custody for the protection of the property produced before him regarding which an offence appears to have been committed or which appe......stigate or to decide the ownership of the rival claimants of the property. The only consideration is of possession of the property at the time of commission of the alleged offence has to be gone into and decided before passing an order for the custody of the said property. Where the question is the ...... of disposal of the car after trial under section 517 of the Code, the learned Magistrate ought to have given the car in the custody of the petitioner under proper Jimmanama, failing to do which is illegal and abuse of the process of the Court and must be struck down and set aside.………………..Category: Criminal Law | Date: | Hits: 110
Jamil Akhter Elahi (Md.) Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
.... the writ petition) should not be declared to have been issued 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 tit and proper. The Rule is made returnable within 2(two) weeks from date. In the meantime, let the op......ision (Special Original Jurisdiction) Present: ABM Khairul Haque J Md. Mamtazuddin Ahlmed J Jamil Akhter Elahi (Md.) ………………petitioner Vs. Government of Bangladesh and others…………….Respondents Judgment June 24, 2009. Result: The Rule is discha......Nos.2 to 4. Writ Petition No.4071 of 2009. Judgment ABM Khairul Haque J.- This is an application under Article 102 of the Constitution of the People's Republic of Bangladesh, challenging the legality of the Head Office circular No.43 dated 24-5-2009, issued by the respondent Nos.4 and 5, ap..Category: Others | Date: | Hits: 134
Nasiruddin (Md.) Vs. State, 2009, 38 CLC (HCD)
...., the arms and ammunition in question cannot be said to have been recovered from the possession or control of the accused appellant. The learned Advocate further submits that, the trial Court has not properly explained the accused as per provision of section 342 of the Code of Criminal Procedure and......72 (SC); Kamruzzaman Vs. State, 1995 BLD 486 = 47 DLR 416; State Vs. Tayeb Ali, 1987 BLD (AD) 265 = 40 DLR (AD) 6; Krishna Mochil Vs. State of Bihar, 2002 SCC (Cri) 1220. Lawyers Involved: SB Bhandary, Advocate - For the Appellant. Kazi M Ejarul Haque, Deputy Attorney-General - For the Stat......hat, the trial Court has not properly explained the accused as per provision of section 342 of the Code of Criminal Procedure and, as such, the trial is vitiated and that the case not being probed by legal evidence, the impugned Judgment and order is liable to be set aside. In support of his content..Category: Criminal Law | Date: | Hits: 79
Abul Kashem Vs. AKM Golam Mostafa and others, 2009, 38 CLC (HCD)
....it have rightly been framed, considered and decided by the trial Court with reference to the evidence and materials on record but the impugned Judgment and order of the Court of appeal below is not a proper Judgment of reversal as it failed to consider the evidence orally and documentary on record a...... 62 DLR (HCD) (2010) 44. ......anti Majumder, Advocate - For Opposite Party Nos.5-6. Civil Revision No.1302 of 2003 with Civil Revision No.1303 of 2003. Judgment SM Ziaul Karim J.- These Rules call in question the legality and propriety of the Judgment and order dated 18-2-2003 passed by the learned Additional Di..Category: Administrative Law | Date: | Hits: 230
....1 passed by the Assistant Judge-in-charge, Baliadangi, Thakurgaon in Other Class Suit No.4 of 2000 decreeing the suit should not be set aside and/or any other order passed this Court may seem fit and proper.
2. The petitioner as plaintiff tiled the aforesaid suit for declaration that her dismissa......ction)
Present:
Md. Azizul Haque J
Shefali Bala...............Petitioner
Vs.
Khalipur Pukurpara Registered Non-Government Primary School Managing Committee represented by its President and others………………Opposite Parties
Judgment
July 2, 2009.
Result:
The Rule ......nd/or any other order passed this Court may seem fit and proper.
2. The petitioner as plaintiff tiled the aforesaid suit for declaration that her dismissal order dated 19-6-1997 from service was illegal, collusive and without jurisdiction, with a further declaration that she was still in service ..
Category: Employment/Service Law | Date: | Hits: 118
....itimate expectation which doctrine has no manner of application against the Government or its departments in the absence of any promise or assurance and that’s too, in the absence of foundation and proper pleadings. Learned Attorney General contends that since there are conflicting opinions by thr......sain CJ
Surendra Kumar Sinha J
Md. Abdul Wahhab Miah J
Nazmun Ara Sultana J
Syed Mahmud Hossain J
Muhammad Imman Ali J
Md. Shamsul Huda J
The Chief Engineer, the Local Government and Engineering Department, LGED Bhaban, Agargaon, Sher-E-Bangla Nagar, Dhaka…………………â€......as affirmed up to this Division. The writ respondents did not absorb the writ petitioners and invite fresh advertisements and instead of regularizing their service of the writ petitioners committed illegality in making advertisements for recruitments which is illegal. The writ petitioners have legit..
Category: Employment/Service Law | Date: | Hits: 147
....sed value as calculated by the Government and has by now made full payment of the price as assessed.
We are of the view that the decision of the High Court Division is well-reasoned, and based on proper appreciation of the facts and circumstances of the case.
We do not find any merit in the l......ivision
(Civil)
Present:
Surendra Kumar Sinha J
Md. Abdul Wahhab Miah J
Syed Mahmud Hossain J
Muhammad Imman Ali J
Md. Shamsul Huda J
Director General, Bangladesh Railway and others………………..Petitioners
Vs.
Sher-e-Bangla Market Dokander Bohumukhi Samobaya...... appreciation of the facts and circumstances of the case.
We do not find any merit in the leave petition.
Accordingly, the petition is dismissed.
Ed.
This Case is also Reported in:
..
Category: Civil Law | Date: | Hits: 70
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