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American Life Insurance Company Vs. Dacca Poura Shaba and others, 1978, 7 CLC (AD)
....sted against the future taxes at the above rate.” 9. Against the decision of the Additional Commissioner the Municipality moved the High Court by filing a writ petition after serving demand of justice notice upon the Additional Commissioner, Dacca Division. 10. A question was raised rega......nses of the Municipal Committee for making general utility services like construction and maintenance of road, maintenance of public paths, promotion of education etc. It was further explained that according to clause (1) of the Model Tax Schedule the tax on buildings and lands has been defined as...... Company……………………Appellant Vs. Dacca Poura Shaba and others……………………Respondent Judgment May 23, 1978. Result: The appeal is allowed. Cases Referred to- Mian Jamal Shah Vs. the Member, Election Commission, Government of Pakistan, Lahore, 1966 18 ......pality moved the High Court in the writ jurisdiction being Writ Petition No.159 of 1971, contending, inter alia, that the Additional Commissioner totally misconceived, misconstrued and misapplied the law in taking the view that the Municipality in levying tax could not exceed 17%, that is, the ceili..Category: Fiscal/Taxation Law | Date: | Hits: 156
Bangladesh Steamer Agent's Association Vs. Bangladesh & others, 1979, 8 CLC (AD)
....mer and Vessels. The learned Judges also held that the appellant has not been penalised for any misconduct and even if by the impugned order the appellant "was penalised yet the principles of natural justice would not be applicable in forum as the impugned order has been passed in accordance with a ...... in clause 3(36) by which the appellant earns to run the organisation as a non-profit making public welfare organisation. This has been ordered to be deleted without any notice to the appellant and accordingly the principle of natural justice is violated. 9. The records of the case show that ......ciation………………………Appellant Vs. Bangladesh & others………………………Respondents Judgment May 31, 1979. Result: The appeal is allowed. Cases Referred to- Abul Alla Moududi Vs. Govt. of East Pakistan, (1965) 17 DLR (SC) 209; PLD 1964 SC 673; Abdur ......adesh Steamer Agent's Association”. This order has been issued under section 8(1)(b) of the Ordinance which is as follows: "8. (1) Notwithstanding anything contained in the Act or in any other law for the time being in force or in the articles or memorandum— (b) The (Appropriate Governme..Category: Business or Commercial Law | Date: | Hits: 208
State Vs. Monsur Alam alias Mon Miah and others, 2012, 41 CLC (AD)
.... prepare the paper book out of Court in accordance with Rules. The order of stay granted earlier is extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 268. ...... prepare the paper book out of Court in accordance with Rules. The order of stay granted earlier is extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 268. ......Monsur Alam alias Mon Miah and others……………………………Respondents Order December 5, 2012. Result: Leave is granted. Lawyers Involved: Karunamay Chakma, the Deputy Attorney General, instructed by Mrs. Sufia Khatun, Advocate-on-Record—For the Petitioner. Ruhul Q......ether the High Court Division erred in treating the P.Ws.1-4, who are eye witnesses as being not reliable, and finding the case to be an embellishment; II. Whether the High Court Division erred in law in acquitting the convict respondents while not taking into consideration the confessional sta..Category: Criminal Law | Date: | Hits: 122
Government of Bangladesh Vs. Abdul Majid, 2012, 41 CLC (AD)
....ing the order passed by the revenue authorities under Article 17 of the Bangladesh Land Holding (Limitation) Order, 1972 and both the Courts below having committed error of law occasioning failure of justice, the High Court Division erred in law in discharging the rule and maintaining the judgment......erred in law in discharging the Rule. 13. The petitioner is permitted to prepare the paper-books out of Court in accordance with Rules. Ed. This Case is also Reported in: 9 ADC (2012) 258. ......r Rahman (Minor) and others............................................Respondents Order February 27, 2012. Result: Leave is granted. Lawyers Involved: Abdus Salam Mondal, Deputy Attorney General, instructed by Mr. B. Hossain, Advocate-on-Record—For the Petitioner. Ferozur Ra......ving been a bar to challenging the order passed by the revenue authorities under Article 17 of the Bangladesh Land Holding (Limitation) Order, 1972 and both the Courts below having committed error of law occasioning failure of justice, the High Court Division erred in law in discharging the rule a..Category: Property Law | Date: | Hits: 93
IFIC Bank Ltd. Vs. Eknabin & Co. and others, 2010, 39 CLC (HCD)
....6 dated 18-9-2005 are set aside. In the result, the Rule is made absolute without any order as to cost. Communicate this order. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 123. ......6 dated 18-9-2005 are set aside. In the result, the Rule is made absolute without any order as to cost. Communicate this order. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 123. ......….........Petitioner Vs. Eknabin & Co. and others ..............................Opposite-Parties Judgment August 12, 2010. Result: The Rule is made absolute Cases Referred to- BHBFC Vs. Shahid Sarwar Abu Hossain, 9 BLT 289=6 BLC 751; BHBFC Vs. Jahanara Begum, 16 BLD (......লতে বদলী করা হইল। 8. Mr. AQM Safiullah, the learned Advocate appearing for the petitioner, submits that, the order passed by the learned Joint District Judge is bad in law on two counts i.e. order is a non-speaking order and also that, any case and Artha Jari Case fil..Category: Procedural Law | Date: | Hits: 126
Abeda Chowdhury Vs. State and another, 2009, 38 CLC (HCD)
....Advocate for the petitioner is permitted to take back the certified copies of the annexure by replacing the photocopies of the same. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 118. ......Advocate for the petitioner is permitted to take back the certified copies of the annexure by replacing the photocopies of the same. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 118. ...... Rahman Miah J Md. Ataur Rahman Khan J Abeda Chowdhury..................................Petitioner Vs. State and another.................................Opposite Parties Judgment October 29, 2009 Result: The Rule is discharged and the proceedings in Metropolitan Sessions cas......General, for the State, on the order hand, submits that the opposite party categorically described the very arising out of cause of action having no ambiguity in it and therefore there is no legal flaws in filing the case and the learned Chief Metropolitan Magistrate on appreciating the said legal..Category: Criminal Law | Date: | Hits: 113
Rowshena Jahan Vs. State and another, 2010, 39 CLC (HCD)
....vocate submits that inherent power of the High Court Division under section 561A of the Code of Criminal Procedure can only be exercised when there is no other efficacious relief for obtaining proper justice in the cause. In the instant case, the accused-petitioner had scope to get remedy at the sta......e purpose of initiating a criminal proceeding. So the alleged offence under section 27 of the Anti-Corruption Commission Act, 2004 is attracted by the facts stated in the FIR and charge sheet and accordingly, it cannot be said that there is no prima-facie allegation to proceed with the impugne......…………….Petitioner Vs. State and another……………………………….Opposite-Parties Judgment September 30, 2010. Result: The Rule is discharged. Cases Referred to- Anti-Corruption Commission Vs. Nargis Begum, 62 DLR (AD) 279; Salam Shahadat Vs. State, 14 BL......the said Court, she preferred this application under section 561A of the Code of Criminal Procedure making direct surrender before the High Court Division, which is illegal and not permissible in law. Rather it is well settled principle that a fugitive cannot get any relief from any Court. So th..Category: Criminal Law | Date: | Hits: 100
Buxly Paints (Bangladesh) Ltd. Vs. Bangladesh, 1977, 6 CLC (AD)
....d order of the High Court Division are set aside and it is declared that the Notification dated 19-2-12 is without any lawful authority. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 266....... the property belonging to a Pakistani Company which is in possession of a Bangladeshi Company by virtue of an agreement in writing can be taken over as an abandoned property without rescinding according to law, the agreement under which the Bangladeshi Company has been in possession of the ......……Respondent Judgment August 19, 1977. Result: The appeal is allowed. Lawyers Involved: Abdur Rab-II, Advocate-on-record - For the Appellant. Sultan, Hossain Khan, Deputy Attorney General, with B.C. Roy Chowdhury, Assistant Attorney General, Instructed by B.C. Panday, Ad......ty belonging to a Pakistani Company which is in possession of a Bangladeshi Company by virtue of an agreement in writing can be taken over as an abandoned property without rescinding according to law, the agreement under which the Bangladeshi Company has been in possession of the said property..Category: Property Law | Date: | Hits: 79
Sukhamoya Dutta Gupta Vs. Abdul Gafur and others, 1979, 8 CLC (AD)
..... Accordingly the appeal is allowed. The order of the High Court under appeal is set aside and those of the Courts below are restored. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 262.......eal intent or at any rate constituted no more than a subsidiary intent." 6. The decision of the Privy Council in an appeal by the accused was based on the following finding— "In the present case according to uncontradicted evidence the only person in physical possession of the two rooms at the ...... Sukhamoya Dutta Gupta..................Appellant Vs. Abdul Gafur and others..................Respondents Judgment April 12, 1979. Result: The appeal is allowed. Case Referred to- Sinnasany Sudvan Yagam Vs. The King, (1952) 4 DLR 74 (PC). Lawyers Involved: S. R. Pal,......19, 1976 passed in Criminal Revision No.430 of 1975. 2. Short question for our consideration in this appeal is whether in the facts and circumstances of the case the High Court was well founded in law in holding that the accused had bona fide claim of right; and their entry into the disputed prop..Category: Criminal Law | Date: | Hits: 94
....the dismissal order has been passed without any lawful authority and is of no legal effect. However, there will be no order as to costs.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 256.......the dismissal order has been passed without any lawful authority and is of no legal effect. However, there will be no order as to costs.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 256.......ed.
Lawyers Involved:
Syed Ishtiaq Ahmed, Senior Advocate, Mahmudul Islam Advocate with him instructed by Abu Backkar Advocate-on-Record - For the Appellant.
Abdul Wadud Bhuiyan, Assistant Attorney-General, instructed by S. S. Hoda, Advocate-on-Record - For the Respondent.
Civil Appeal N......5.7.73 on the basis of recommendation of the Screening Board.
3. The appellant challenged his dismissal order by filing the writ petition on the ground that he had already retired by operation of law on 31.1.73 and the proceedings before the Board and the subsequent orders were all illegal and w..
Category: Employment/Service Law | Date: | Hits: 107
Nasiruddin Sarkar Vs. Member, Appellate Tribunal & others, 1979, 8 CLC (HCD)
....posal of the appeal instead of quashing the proceedings which was the only order that could be passed under Article 102 of the Constitution in view of the finding that there had been miscarriage of justice and non-observance of some of the fundamental principles of Criminal Trials. 2. The app......gment and order of the High Court Division are set aside. The order of conviction and sentence passed against the appellant are quashed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 310.......……Respondents Judgment August 23, 1979. Result: The appeal is allowed. Lawyers Involved: Aminul Haque, Advocate-on-Record - For the appellant. Md. Moksudur Rahman, Deputy Attorney General, instructed by S.S. Huda, Advocate-on-Record - For the Respondents. Civil Appeal N...... in any case, within 6 weeks from the order. Against this order leave was sought for by the appellants, and leave was granted for examining the contention that the High Court Division acted without lawful authority in remanding the case to the Appellate Tribunal for re-hearing and disposal of th..Category: Criminal Law | Date: | Hits: 91
Bangladesh Biman Corporation Vs. Chowdhury Mohammad Yusuf and another, 1979, 8 CLC (AD)
....ployees has right of action either in the superior court in its writ jurisdiction or in civil jurisdiction; (b) if the service of an employee is terminated in violation of the principle of natural justice the employee has a similar right of action as in (a). 8. In the instant cases the Respond......the Corporation by giving notice or one month's pay in lieu "in case of permanent employees engaged on monthly rated basis". This provision numbered as 9.01.01 was sought to be amended and proposal accordingly was made by the Administrative Order No.4 of 1971. The Order No.4 is applicable only in ......sion in Writ Petition No.479 and 538 of 1978 declaring that the termination of the services of the Respondents have been made without lawful authority and are of no legal effect. Leave was granted to consider following points amongst others:— (1) Whether the PIA Service Rules come into play ...... special leave arise out of an Order passed by the High Court Division in Writ Petition No.479 and 538 of 1978 declaring that the termination of the services of the Respondents have been made without lawful authority and are of no legal effect. Leave was granted to consider following points among..Category: Employment/Service Law | Date: | Hits: 123
....ules which are accordingly, discharged, without, however, any order as to cost.
Let a copy of this judgment be communicated at once.
Ed.
This Case is also Reported in: 63 DLR (HD) (2011) 85.
......ent to the person or persons interested:
Provided that the market-value of any immovable property for the purpose of assessing compensation under this section shall be the average market value according to the disposition of properties of a similar description and with similar advantages in...........Petitioners
Vs.
Chairman, Rajdhani Unnayan Kartripakha (RAJUK) and others............Respondents
Judgment
September 8, 2010.
Result:
The rules are discharge.
Cases Referred to-
Bangladesh Sangbadpatra Parishad (BSP) Vs. Bangladesh, 43 DLR (AD) 126; Bangladesh Vs. Nawab ......dditional prayer was inserted as A(1) "to show cause as to why the proceedings of LA Case No.138/61-62 so far as it relates to the petitioner's land should not be declared to have been passed without lawful authority and is of no legal effect." The petitioners have filed numerous affidavits and su..
Category: Property Law | Date: | Hits: 106
Government of the People's Republic of Bangladesh Vs. Md. Khorshed Ali Talukder, 2012, 41 CLC (AD)
....the departmental proceeding against this petitioner afresh by appointing the enquiry officer/Board of Enquiry in accordance with the rules. Ed. This Case is also Reported in: 9 ADC (2012) 407. ......the departmental proceeding against this petitioner afresh by appointing the enquiry officer/Board of Enquiry in accordance with the rules. Ed. This Case is also Reported in: 9 ADC (2012) 407. ......s. Md. Khorshed Ali Talukder...........................................Respondent Judgment March 1, 2012. Result: The allegations against the respondent-petitioner should be enquired into afresh. Lawyers Involved: Karunamoy Chakma, Deputy Attorney General instructed by Md. Ibrah......nistrative Tribunal case and contested by filing written statement. According to these contesting respondents the allegations against the petitioner were proved on enquiry held in accordance with law and that the authority concerned, after observing all the mandatory provisions of law, decided..Category: Administrative Law | Date: | Hits: 263
Sabu Tara Begum and others Vs. Manik Miah and others, 2012, 41 CLC (AD)
....urt Division, therefore, calls for no interference by this Division. In the result, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 403. ......urt Division, therefore, calls for no interference by this Division. In the result, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 403. ......nvolved: N. I. Bhuiyan, Advocate-on-Record—For the Petitioners. Zainul Abedin, Advocate-on-Record—For Respondent No.1. Respondent Nos.2-28 —Not represented. Civil Petition for Leave to Appeal No.1750 of 2009. (From the judgment and order dated 26.02.2009 passed by the High Court......witnesses it has been proved that he has got his ancestral homestead and other house also. 15. However, considering the facts and circumstances and evidence on record we find no error of fact or law in the impugned judgment of the High Court Division. We, rather find that the High Court Divisio..Category: Property Law | Date: | Hits: 98
Md. Hasanul Islam Hanif @ Galcuta Hanif Vs. State, 2011, 40 CLC (HCD)
....ith any other case. Let the lower Court's record with a copy of this Judgment and order be sent down to the concerned Court at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 196.......ith any other case. Let the lower Court's record with a copy of this Judgment and order be sent down to the concerned Court at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 196.......anif.................................petitioner Vs. The State........................Opposite party Judgment January 26, 2011. Result: The Rule is made absolute. Cases Referred to- Zillur Rahman alias Zillur Vs. The State, 6 BLC (2001) (HCD) 254; Aslam Jahangir Vs. The Sta...... who framed charge against the petitioner under sections 19(A) and 19(f) of the Arms Act. The charge was read over to the petitioner who pleaded not guilty and prayed to face trial in accordance with law. 4. The prosecution examined as many as 11 witnesses and on the other hand, the defence exami..Category: Criminal Law | Date: | Hits: 92
Kartick Chandra Mandal & others Vs. State, 2010, 39 CLC (HCD)
.... directory and mandatory nature of a provision of a general as well as special law. Looking yet from a different, but relevant, aspect we find that, "procedural laws are designed to serve the ends of justice and not to frustrate them by mere technicalities as has been recorded in the case. Kahar Sin......e bail in terms of their respective bail granting order. The Adalat is directed to proceed as per law. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 190. ......: Salma Masud Chowdhury J Md. Rezaul Hasan J Kartick Chandra Mandal & others............................Petitioner Vs. The State.....................Opposite party Judgment October 6, 2010. Result: The rule is discharged. Cases Referred to- Kohinoor Chemical Co.......ondal said that the rest amount of 'chanda' should have to be paid to them and also asked to keep the fact secret, otherwise the informant should face dire consequence; that subsequently whenever the law and order situation has improved the informant claimed back his money from the accused, who had ..Category: Criminal Law | Date: | Hits: 143
Mofazzal Hossain Chowdhury Maya Vs. The State, 2010, 39 CLC (HCD)
....der passed for confiscation of the property of the appellant is also set aside. Let the appellant be discharged from his bail bond. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 156....... 7. On 19.5.2009, the appellant surrendered before the trial Court. On that date, he was sent to the Dhaka Central Jail for serving out the sentence. 8. The appeal was out of time by 463 days and accordingly, Criminal Miscellaneous Case No.5686 of 2009 was filed before the High Court Division fo......te Ali Ahmed Miah of 50/B, Bhojohari Shaha Street, Police Station-Sutrapur, District-Dhaka.....................Accused-Appellant Vs. The State.......................Respondent Judgment October 27, 2010. Result: The appeal is allowed. Case Referred to- Anti-Corruption Commi......s the Appellate Division in the case of Anti-Corruption Commission Vs. M.K. Alamgir, 62 DLR (AD) 290 has held that the notice dated 18.2.2007 issued by the Secretary to the Commission was without any lawful authority, as such void and any proceeding based on the said void notice is a nullity in the ..Category: Criminal Law | Date: | Hits: 133
A.K. Azad Vs. Fakruddin and another, 2009, 38 CLC (HCD)
....submits that the trial Court without any enquiry for ascertaining the valuation returned the plaint and affirmed by the learned District Judge which resulted in an error in law occasioning failure of justice. He in support of his contention referred to the Banares Silk Industries and another reporte......niary jurisdiction of this Court. The plaintiff filing a written objection contended that the suit was for simple declaration and injunction and as such the plaintiff had the option to value the suit according to his choice and accordingly paid fixed Court fee, thus the application was liable to be ......Division (Civil) Present: Md. Delwar Hossain J A K Azad................................Petitioner Vs. Fakruddin and another.......................Opposite parties Judgment October 15, 2009. Result: The Rule is discharged. Cases Referred to- Kumudini Welfare Trus......ent yet did not release the suit property from 'Ka' list of Abandoned Properties and restore its possession to the defendant. All on a sudden the plaintiff received a notice dated 23.12.2003 from the lawyer of the defendant rescinding the agreement for sale. Hence the suit. 4. Defendant entering ..Category: Property Law | Date: | Hits: 85
....missal as recorded by both the Court below do not suffer from any illegality or legal infirmity. The Courts below have committed no error of law resulting error in the decision occasioning failure of justice.
20. In the result, the rule is discharged, however, without any order as to costs. The i......aggrieved by the aforementioned Judgment of disallowing the appeal, the plaintiff-petitioner moved this Court with this application of Revision under section 115(1) of the Code of Civil Procedure and accordingly the Rule was issued.
8. It has already been observed that in spite of appearing with ......titioner
Vs.
Government of the People's Republic of Bangladesh and others.................Opposite parties
Judgment
July 27, 2010.
Result:
The rule is discharged.
Cases Referred to-
Sheikh Salimuddin Vs. Ataur Rahman, 43 DLR 18; Ajufannessa Vs. Safar Miah, 30 DLR (SC) 41.
......it No.48 of 1986 in the second Court of Munsif, Dhaka for declaration that the order dated 23.05.1978 passed by the opposite party No.2 in Miscellaneous Case No.17 of 1978 was void ab initio, without lawful authority, illegal, ultra vires and of no legal effect and not binding upon the plaintiff and..
Category: Property Law | Date: | Hits: 82
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