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....undable since the petitioner succeeded in the appeal.
8. Therefore, he finally contends that both the refunds claimed by the petitioner was refused wrongly by the VAT authority misinterpreting the provision of section 67 of the VAT Act which will not apply in respect of claim of deposit of 570 at......me of filing of the appeal against the demand dated 7-10-2002 despite success in the appeal and Taka 19,30,521.72 which was illegally realized by the vat authority as trade VAT by misinterpreting the law shall not be declared to have been made without lawful authority and are of no legal effect.
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Category: Fiscal/Taxation Law | Date: | Hits: 323
Bangladesh Environment Lawyers Association (BELA) Vs. Bangladesh, 2010, 39 CLC (HCD)
....rther contention is that since a lease of the mohal is being regulated by the statutory law a lease holder of such a mohal has no authority to extract sand/stone from a mohal in violation of specific provision of law and therefore the law enforcing agency as well as the lessor in always capable of t......ation-Tahirpur, District-Sunamganj) from illegal extraction of sands from its bed and banks and also to protect the banks of the said river by placing bank protecting embankment as required under the laws why further directions shall not be given upon them to initiate legal measures against the ille..Category: Environmental Law | Date: | Hits: 1019
Gani Mia & another Vs. U.N.O., Biswanath, District Sylhet & Others, 1988, 17 CLC (HCD)
....posite party Nos.5-7 filed an application before the learned Munsif under Order 1, rule 10 of the Civil Procedure Code to implead them as defendants in the suit alleging that they got the Post Office provisionally established at the outer house of one Rashid Ali and subsequently they donated a piece......dÂvocate for the petitioners, has submitted that the imÂpugned order of the learned Munsif suffers from illeÂgality occasioning a failure of justice as the order is against the patent provision of law and the decisions of the superior Courts. 8. Mr. S.H. Md. Nurul Huda Jaigirdar, the learned ..Category: Procedural Law | Date: | Hits: 193
Gura Miah and others Vs. Fazar Ali and others, 1988, 17 CLC (HCD)
.... reported in 20 DLR 575 (DB) that where the magistrate finds that there is no apprehension of breach of peace he has no juÂrisdiction to give any directions regarding the subject of the dispute. The provision of section 145 of Code of Criminal Procedure indicates the existence of conÂtinuing dange......in joint possession in the proceeding lands and in view of the aforesaid discussion. I do not consider that the imÂpugned order should remain in force till a decision is made by a competent Court of law as held by the learned Magistrate. 11. For the reason stated above, I hold that the impugned ..Category: Criminal Law | Date: | Hits: 126
Khaled Akbar Vs. Government of Bangladesh and others, 1989, 18 CLC (HCD)
...., constitute one or more ArbitraÂtion Appellate Tribunals for such areas as may be specified therein. From the Gazette notification No.S.R.O.184-L/83/VII-21/83, it appears that in pursuÂance of the provision of sub-sections (2) of section 34 of the Acquisition and Requisition of Immovable Propert......s not maintainable as the Member Appellate Tribunal is not a Court but a persona designate and the decision of the Arbitration Appellate Tribunal being final, the revision case is not maintainable in law but the petitioner may file writ. 6. Mr. Gazi Abdur Rashid, the learned AdvoÂcate appearing..Category: Alternative Dispute Resolution | Date: | Hits: 280
Ehsanul Hoque Vs. General Manager, Agrani Bank, 1989, 18 CLC (HCD)
....nly upto the date of such dismissal. This shall be without prejudice to any other rights of and remedies with the Bank." Save and except the above terms and conditions of the service, there was no provision for holding and conducting enquiry prior to the publication of the Bangladesh Agrani Bank ......aration that the order of dismissal made by defenÂdant No.1 is illegal, ultra vires and without jurisdicÂtion and is of no legal effect and is against the prinÂciple of natural justice and rule of law and the plaintiff is still in service. 5. The defendant opposite party contested the suit by..Category: Employment/Service Law | Date: | Hits: 175
Shah Alam Chowdhury Vs. State, 1989, 18 CLC (HCD)
.... Rahman Chowdhury and NizaÂmuddin Bepari as absconders), citing as many as 37 witnesses including the doctor, the hand-writing exÂpert and the concerned police officers. After followÂing the legal provisions regarding in absentia trial of accused Saidur Rahman Chowdhury @ Bachchu Chowdhury, Atiar......itted by the police should not be set aside and why the Government in the Ministry of Home Affairs should not be directed to consider whether Government should exercise its power in acÂcordance with law under the proviso to sub-section (7A) of section 167 Cr.P.C. for reviving this SesÂsions triabl..Category: Criminal Law | Date: | Hits: 127
State Vs. Jahaur Ali & Others, 1987, 16 CLC (HCD)
....of criminal law is that an acÂcused in a trial facing capital charge cannot be denied of his substantive right of being defended at the cost of the state. In this connection reference may be made to provision laid down in Chapter XII L.R. Manual 1960 which reads thus:— "Every person charged wi......om justice. 10. We find much force in the contention put forward by the learned counsel for defence. We are one with the view of the learned counsel for defence that cardinal principle of criminal law is that an acÂcused in a trial facing capital charge cannot be denied of his substantive right ..Category: Criminal Law | Date: | Hits: 107
Md. Nasir Vs. State, 1989, 18 CLC (HCD)
....ted by law. 21. It has been proved by evidence on record that at the time of commission of the crime appelÂlant Nasir was 10/12 years old. So he ought to have been tried by juvenile Court, as per provision laid down in the Child Act 1974 (Act No. XXXIX/1974). The "child" has been defined in sub-......n swayed by moral conviction and thereÂby lost sight of legal testimony. Rule of evidence cannot be departed from because there may be strong conviction of guilt for a Judge cannot set himself above law which he has to administer or to mould it to exigencies of particular occasion. 20. Thus, hav..Category: Criminal Law | Date: | Hits: 117
Muktar Hussain Khan Vs. Suresh Chandra Dey & Others, 1989, 18 CLC (HCD)
.... Title Appeal No.278 of 1986 is hereby set aside and the case is remanded to that Court for disposal in accordance with law and in the light of the observation made above and also keeping in view the provision of Order 41, rule 27 of the Code of Civil Procedure. The Rule is, therefore, made absol......cided by the lower Appellate Court as to how far this onus has been discharged by the transferee in the present case. The learned Advocate for the petitioner submits that none of the requirements of law has been satisfied by the transferee namely defendant Nos.3 and 4 in this case. The law requires..Category: Civil Law | Date: | Hits: 133
Shahjahan Mizi (Md.) Vs. State, 2005, 34 CLC (HCD)
....dismissed and the order of conviction and sentence is hereby upheld. Send down the LC records with a copy of the judgment at once. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 224. ......s read over and explained to the accused who pleaded not guilty and claimed to be the tried and another accused Harun Mizi remained absconding. The accused-appellant was defended by the State defence lawyer and so far it could be gathered from the trend of cross-examination the defence case was that..Category: Procedural Law | Date: | Hits: 118
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"(3) In particular, and without prejudice to the generality of the foregoing provisions, the Government may take such steps as it thinks fit—
(e) to sell, distribute, trans......ner and the public at large resultÂing in shortage of materials in the market, high price and corruption and the order is liable to be cancelled/ rescinded and/or withdrawn as these are made without lawful authority. It is also stated that the order of the Respondent No.1 is contrary to fundamental..
Category: Others | Date: | Hits: 227
Abdul Khaleque & others Vs. Siddiqur Rahman & others, 1987, 16 CLC (HCD)
....se as to whether right of appeal against the order passed under Order 23, rule 3 of the Civil Procedure Code was lost by reason of a decree having been passed in accordance with the order. Construing provision of s. 97 of Civil Procedure Code vis-a vis Or. 23, rule 3 of the Code it was held:- "Th......d that "In our opinion though ordinarily where a decree has been passed after some contest between the parties such decree is appealable, where it has been proved that the suit has been adjusted by a lawful agreeÂment, there can be no appeal against the decree under section 96(3), but there is a ri..Category: Property Law | Date: | Hits: 109
Abdus Salam Vs. Sirajul Islam, 1989, 18 CLC (HCD)
....the election. Secondly, the order impugned before the District Judge being final in that by the same order the application for reÂview was rejected and from such order appeal lies before him and the provisions of Order 43, rule 1 has no role to play in this case. Thirdly, by impugned order the lear......te it is necessary to examine the relevant provision of the Ordinance vesting the jurisdiction to the District Judge to entertain appeal arising out of election petition. Section 29 is the relÂevant law in this regard. Sub-sections (1) and (2) of section 29 relates to Election Tribunal and its powe..Category: Election Law | Date: | Hits: 194
Abdul Sattar & another Vs. Osimuddin & others, 1988, 17 CLC (HCD)
....deposited by the petitioner Tasimuddin in this pre-emption case. In the result the Rule is discharged. I make no order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 24. ......of opposite party Nos.1, 2 and 3 on point of knowledge relating to the transfer of the case land. Mr. Badrul Huq, the learned Advocate also submits that the court of appeal below commitÂted error of law in accepting the plea of knowledge about the impugned kabala dated 17.2.72 given by the petition..Category: Property Law | Date: | Hits: 100
Muhammad Zulfikar Vs. Abul Kalam Chowdhury & others, 1989, 18 CLC (HCD)
.... appellate auÂthority under section 29(4) of the Local Government (Union Parishads) Ordinance, 1983, can transfer an appeal preferred from the decision of the Election Tribunal constituted under the provision of the said Ordinance to the Court of Additional District Judge or Subordinate Judge for d......ates-For the Petitioner. Abdul Momen Chowdhury, Advocate-For the Opposite Party No. 1. Civil Revision No.16 of 1989. Judgment AM Mahmudur Rahman J. - In this Rule an important question of law mootÂed is: whether the District Judge, an appellate auÂthority under section 29(4) of the Loc..Category: Election Law | Date: | Hits: 192
Rafiqul Islam & another Vs. Abul Kalam & others, 1988, 17 CLC (HCD)
....le is discharged withÂout any order as to costs and the suit is restored to its file and number and the order impugned is afÂfirmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 19. ......e and the learned Munsif in restoring the suit on setting aside the order of disÂmissal of the Miscellaneous Case No.47 of 1983 acted without jurisdiction and the order also suffers from an error of law occasioning failure of justice. An order passed by a Court under Order 9, rule 9 C.P.C. is no do..Category: Criminal Law | Date: | Hits: 85
Lal Mia Vs. State, 1989, 18 CLC (HCD)
.... have certainly appeared before the Magistrate and faced the trial. It is his further case that after the judgment by the learned Upazila Magistrate, Purbadhala, convictÂing the petitioner under the provision of the Penal Code and sentencing him to suffer rigorous impriÂsonment he was suddenly arr......tion and sentence passed against him in absentia, the learned Sessions Judge would have admitted the apÂpeal for that sufficient cause shown and ought to have disposed of the same in accordance with law. He has further submitted that from a clear reading of the impugned order of the court of appeal..Category: Procedural Law | Date: | Hits: 122
....ain any ouster clause by language of the enÂactment yet the jurisdiction of the Civil Court by implication has been ousted. The contention raised by the learned Advocate leads me to examine relevant provision of the Ordinance which are section 6, secÂtion 7, section 8 and section 10. Section 6 pro......the application on contest holding that the plaint discloses cause of action the collusion of the defendants and the suit is not barred under Industrial Relations Ordinance, 1969 and by other general law or special law.
5. The learned Advocate for the applicants urges that section 10(2) of the af..
Category: Labour and Industrial Law | Date: | Hits: 178
Saidur Rahman Vs. State, 1992, 21 CLC (HCD)
....e case on the basis of the evidence recorded by an Extra Constitutional Tribunal. But on such matters there cannot be any compromise between the parties and a Court of law constituted under the legal provisions cannot be a party to such a compromise. But here in this case the Divisional Special Judg......from the country and thereafter the case was sent to the learned Senior Special Judge, Rajshahi for trial. It appears that the case was transferred by the learned Sub‑Divisional Magistrate to Mr. Delawar Hossain, a Magistrate of the 1st Class for disposal who received the same on 18‑4‑79 and t..Category: Criminal Law | Date: | Hits: 98
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