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Monowara Begum Vs. Government of Bangladesh others, 2013, 42 CLC (HCD)
....ati 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 case of the plaintiffs, in short, are that the recorded tenant of t......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......atter afresh. 15. Considering the facts and circumstances of the case and the discussions above the Rule may be disposed of. 16. In the result, the Rule is disposed of, however, without any order as to cost. The Tribunal is directed to dispose of the case afresh considering the evidence on..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)
....ž-ā§¨ā§Š/ā§§ā§§ āĻ¤āĻžāĻ°āĻŋāĻ 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 orders passed as to......s to show cause as to why the impugned letters being āĻ¨āĻĨāĻŋ āĻ¨āĻ ā§Šā§Ļā§Ģ-ā§¨ā§Ļā§Ļ-ā§Ēā§¯ā§Šā§¯/ā§¨ā§Ļā§§ā§¨-ā§§ā§Š/ā§¨ā§Ļā§Ļā§Ž āĻ¤āĻžāĻ°āĻŋāĻ ā§Ļā§Ē.ā§.ā§¨ā§Ļā§§ā§¨āĻāĻ (Annexure-C) and letter being āĻ¨āĻĨāĻŋ āĻ¨āĻ- āĻāĻžāĻ¸ā§āĻāĻĢā§āĻ°ā§āĻ¸/ āĻā§āĻ¸ āĻāĻ° āĻāĻ°ā§āĻ¤āĻ¨/......ty 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 orders passed as to this court may seem fit and properâ. 2. It has been asserted in th..Category: Fiscal/Taxation Law | Date: 12 Jun, 2013 | Hits: 86
Golam Rasul Belal Vs. Habibullah Shakir and another, 2013, 42 CLC (AD)
....h 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 as embodied in law, are not opaque or absent to conceive...... (16) The purpose of the object of issuing notic......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......Appellant. Mahmuda Begum, Advocate-on-Record—For the Respondent No. 2. None Represented—For the Respondent No. 1. Criminal Appeal No. 23 of 2008 (From the judgment and order dated 24-4-2006 passed by the High Court Division in Criminal Miscellaneous Case No.5214of2005..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: ......dent No.1. ASM Abdul Mobin, Advocate instated by Mrs. Sufia Khatun, Advocate-on-Record-For Respondent No.2. Criminal Petition for Leave to Appeal No.395 of 2010. (From the judgment and order dated the 30th day of May, 2010 passed by the High Court Division in Criminal Miscellaneous Ca..Category: Civil Law | Date: 11 Jun, 2013 | Hits: 14
Grameen Telecom Vs. Commissioner of Taxes, 2013, 42 CLC (HCD)
....y argued that the DCT concern was liable under section 178 of the Income Tax Ordinance 1984 to serve the order of re-assessment upon principal officer of the Assessee-applicant company as mandated by law, but no such copy of the order was served upon the Assessee-applicant nor on its principal offic...... 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...... General-For I.T. Department. Income Tax Reference Application No. 607 of 2004 Judgment AFM Abdur Rahman J. - In this Income Tax Reference Application, the Assessee-applicant challenged the order of the Taxes Appellate Tribunal refusing to allow the admission of appeal before the Commissio..Category: Fiscal/Taxation Law | Date: 5 Jun, 2013 | Hits: 86
A.B.M. Liton Vs. Bangladesh & Others, 2013, 42 CLC (HCD)
....he Adalat proceeded against the petitioner before exhausting all the processes against the main borrower, the impugned orders of arrest as well as the refusal of bail should not sustain in the eye of law……………(6) Lawyers Involved: Helal Uddin Mollah, Advoc......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......e petitioner before proceeding against their properties, and since the Bank and the Adalat proceeded against the petitioner before exhausting all the processes against the main borrower, the impugned orders of arrest as well as the refusal of bail should not sustain in the eye of law……..Category: Banking Law | Date: 3 Jun, 2013 | Hits: 5
Bimol Rosario Vs. Barbara Rosario and others, 2013, 42 CLC (HCD)
....rsquo;s Opinion is not binding upon the Court. The Court itself can compare any signature or LTI of any concerned person under section 73 of the Evidence Act and come to a decision in accordance with law. In this case the trial Court as well as the Court of appeal below considered the entire ev......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......laintiff stating that they will dispossess the plaintiff from the suit land and claimed the suit land on the basis of the impugned deed. The defendant Nos.1 and 2 created the gift deed collusively in order to grab the suit land. The plaintiff never went to the Sub-registry office to execute and regi..Category: Civil Law, Evidence Law | Date: 22 May, 2013 | Hits: 3
Nazrul Islam (Md.) & others Vs. Mahfuzur Rahman and others, 2013, 42 CLC (HCD)
....pellate Court below without giving any reasons whatsoever found the title of the plaintiffs into the suit land and this sort of findings of the appellate Court below is against the provisions of law. He submits that Order XLI Rule 31 CPC provides that the appellate Court must record reason......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: ......ent and decree dated 11-11-2001 passed by the learned Assistant 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 iss..Category: Property Law | Date: 21 May, 2013 | Hits: 6
Moon Construction Company Limited Vs. Government of Bangladesh & others, 2013, 42 CLC (HCD)
.... without assigning any reason. Having failed to get back the said retention money from the respondents on 18-3-2011, the petitioner sent a notice demanding justice to the respondent No. 2 through his lawyer, praying for said retention/security for the packages, which was duly received by him on 18-3......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 ......o why they should not be directed to refund the retention money/security deposit to the petitioner deducted from the bill of the works of package Nos. W-092N-CMMU and W-093N-CMMU pursuant to the work order Nos. MOHFW/CMMU/HNPSP/NC/Ctg, Khulna/Tender-09/2005/52 dated 26-6-2006 and MOHFW/CMMU/HNPSP/NC..Category: Constitutional Law | Date: 16 May, 2013 | Hits: 4
ABSCO Limited Vs. Artha Rin Adalat No.2, Dhaka & another, 2013, 42 CLC (HCD)
.... Nos. 9435 & 9436 of 2012 Judgment Mahmudul Hoque J.- These two Writ Petitions are taken up for joint consideration and for disposal as the parties are same and involve common issues of law as shall need to be addressed in these Rules Nisi. 2. In Writ Petition No. 9435 of 2012 the......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......earing in contravention of the provisions of the Artha Rin 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 o..Category: Corporate Law, Others | Date: 15 May, 2013 | Hits: 8
....stant civil petition for leave to appeal.
6. Mr. Md. Khurshid Alam Khan, learned Advocate, appearing on behalf of the leave petitioner, submits that the High Court Division committed an error of law in rejecting summarily the writ petition filed by the petitioner although the petitioner is......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...... by Md. Zahirul Islam Advocate-on-Record—For the Petitioner.
None Represented—For the Respondents.
Civil Petition for Leave to Appeal No.186 of 2011.
(From the judgment and order dated 6-1-2011 passed by the High Court Division in Writ Petition No. 10044 of 2010).
Jud..
Category: Election Law | Date: 7 May, 2013 | Hits: 6
.... the plainÂtiff afresh with effect from the date of dismissal on
12-6-1999upon observation that the dismissal order is absolutely illegal
because the opposite party did not follow the provision of law without
obtaining prior permission from the arbitration committee.
8. The peti......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......er.
Khair
Azaz Masud, Advocate instructed by Syed Mahbubur Rahman, Advocate-on-RecordâFor
the Respondents.
Civil
Petition for Leave to Appeal No.23 of 2012.
(From the judgment and order dated
11-8-2011 passed by the High Court Division in Civil Revision No.4596 of 2007)
Jud..
Category: Procedural Law | Date: 6 May, 2013 | Hits: 15
Moklesuddin Ahmed and another Vs. Rezia Khatun and others, 2013, 42 CLC (HCD)
.... number. The office is directed to do the needful accordingly. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 209. ......bsp; ......non-prosecution. Mr Guha in support of his contention in the application for re-admission, the said letter was reproduced in paragraph No.5 of the instant application. However, after passing the order of dismissal of the appeal for non-prosecution his client, said Moklesuddin Ahmed, again wrote..Category: Constitutional Law | Date: 5 May, 2013 | Hits: 4
Hasan Chowdhury (Md.) Vs. Bangladesh Bank and others, 2013, 42 CLC (HCD)
....2. Judgment Md. Ashfaqul Islam J. — Both the Writ petitions are taken up together for hearing and disposed of by a single judgment as there involved a common question of fact and law. 2. In both the petitions the Rule Nisi was issued almost in a common manner. In writ petit......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. ......ations, both the Rules are disposed of. Respondent No.1 Governor, Bangladesh Bank is hereby directed to give a decision with due importance on the matter within 2 (two) months on receipt of this order and also to communicate the compliance of our direction to the Registrar of the Supreme C..Category: Banking Law | Date: 2 May, 2013 | Hits: 3
Sheikh Shahadat Hossain (Md.) Vs. National Board of Revenue, and others, 2013, 42 CLC (HCD)
....iff, Senior Advocates as Amicus Curiae. AMAminuddin, Advocate, as Intervenes. Customs Appeal No.17 of 2008. Judgment Sheikh Hassan Arif J.— Since the core principles of law raised and to be settled in the aforesaid customs appeals are similar, namely the maintaina......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......iled to, deposit 50% of the penalty imposed in compliance with the provisions of section 194 of the said Act, his Appeal was rejected by the Tribunal as being not maintainable vide impugned order dated 20-2-2008 as communicated by Nothi No. CEVT/CASE(Cus)-287/2006/152(1-2) dated 25-2-2008...Category: Fiscal/Taxation Law | Date: 25 Apr, 2013 | Hits: 2
JIT Knit Composite Ltd Vs. Government of Bangladesh and others, 2013, 42 CLC (HCD)
....instance the Rule Nisi was issued calling upon the respondent No.2, Governor Bangladesh Bank, Bangladesh Bank Bhaban, Dhaka to show cause as to why it should not be directed to do what is required by law and pass necessary orders upon the respondent Nos.3-7 under section 45 of the Bank Companies Act......he Rule is made absolute. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 480. ......was issued calling upon the respondent No.2, Governor Bangladesh Bank, Bangladesh Bank Bhaban, Dhaka to show cause as to why it should not be directed to do what is required by law and pass necessary orders upon the respondent Nos.3-7 under section 45 of the Bank Companies Act, 1991 for consideratio..Category: Banking Law, Company Law | Date: 25 Apr, 2013 | Hits: 11
....the Commissioner of Customs, Chittagong is set aside.
Communicate the judgment and send down the records.
Mohammad Bazlur Rahman J. - I agree.
Ed.
This Case is also Reported in:
...... Jurisdiction)
Present:
Mohammad Bazlur Rahman J
Md. Ruhul Quddus J
Bureau Veritas (BIVAC) Bangladesh LtdâĻâĻâĻâĻâĻâĻ...........Appellant
Vs.
Customs Excise and Vat Appellate Tribunal, Dhaka and othersâĻâĻâĻâĻ...Respondents
Judgment
April 24, ......ul Quddus J. - This appeal under section 196D of the Customs Act, 1969 at the instance of Bureau Veritas Bangladesh Ltd., a Pre-shipment Inspection Agent, has been preferred against judgment and order dated 08.07.2008 passed by the Customs, Excise and VAT Appellate Tribunal, Dhaka in an appeal ..
Category: Fiscal/Taxation Law | Date: 24 Apr, 2013 | Hits: 186
Abdul Mukid (Md.) Vs.. Artha Rin Adalat Khulna and another, 2013, 42 CLC (HCD)
....ha Rin Execution Case No.34 of 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 r...... (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......ioner before the Artha Rin Adalat, 2nd Court, Khulna for realization of loan of Taka 11, 32,972.25. Accordingly, the Artha Rin Adalat registered the same as Miscellaneous Case No. 148 of 1991 by order dated 19-6-1991, and subsequently, by ex parte Order dated 31-5-1992 allowed the Miscellaneous..Category: Corporate Law | Date: 21 Apr, 2013 | Hits: 4
....in suspended but in the event of any unnecessary delay if caused by the opposite-party No. 1 the learned Joint District Judge shall be at liberty to proceed with the Execution case in accordance with law.
9. Since the aforesaid direction has been made at the instance of the petitioner Ranju Cha......17
......ng is necessary. Therefore, on our direction it has been placed in the list on 18-4-2013 for re-hearing and after hearing both sides we deliver the judgment as under, upon recalling the unsigned order dated 26-2-2013.
2. This rule is directed against order No.32 dated 4-4-2012 passed in Mo..
Category: Civil Law, Procedural Law | Date: 18 Apr, 2013 | Hits: 2
Tajul Islam and others Vs. Billal Hossain and another, 2013, 42 CLC (AD)
...., in short, are that the complainant lodged a petition of complaint alleging that on 7th Magh, 1392 BS corresponding to 21.01.1986 at about 2.00 P.M. the present appellants and others forming an unlawful assembly entered into the dwelling hut of the complainant which is a vested property and whe...... Court Appellate Division (Criminal) Present: Mohammad Anwarul Haque J Siddiqur Rahman Miah J Hasan Foez Siddique J AHM Shamsuddin Chowdhury J Tajul Islam and others .........................Appellants Vs. Billal Hossain and another ................ Momtaz Uddin Fakir, Additional Attorney General Instructed by B. Hossain, Advocate-on-record- For the State, respondent No.2. Criminal Appeal No.04 of 2002. (From the judgment and order dated 26.10.1999 passed by the high court division in criminal revision No.762 of 1991) ..Category: Procedural Law | Date: 16 Apr, 2013 | Hits: 8
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