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Abdus Samad Azad and others Vs. Bangladesh and others, 1992, 21 CLC (HCD)
....dent's Election Act, 1991 known as Act No.27 of 1991 should not be declared to be void being inconsistent with the provision of the Constitution and should not be declared to have been passed without lawful authority and thus of no legal effect. 3. The two writ petitions filed by Mr. Moudud Ah......Case is also Reported in: 44 DLR (HCD) (1992) 354. ......5. The Division Bench having failed to come to an agreement as to this question of issuing a rule or otherwise the matter was directed to be placed before the learned Chief Justice for an appropriate order and the matter was thereafter placed before the learned Chief Justice and by the order of the ..Category: Constitutional Law | Date: | Hits: 414
MG Jilani Vs. Md. Wahed Uddin Sardar, 1989, 18 CLC (HCD)
....turned to the plaintiff under section 23 of the Small Cause Courts Act as it involves the determination of the question of title, but the learned Small Causes Court's Judge committed serious error of law in determining the said question of title in favour of the plaintiff in this SCC Suit and as a r...... Judgment Muhammad Ansar Ali J.-This Rule issued at the instance of the defendant petitioner in an application under section 25 of the Small Cause Courts Act is directed against the judgment and decree dated 10.9.80 passed by Mr. Hassan Amin, Subordinate Judge and SCC Judge, Pabna in Small ...... J MG Jilani…………Petitioner Vs. Md. Wahed Uddin Sardar........... Opposite party Judgment March 16, 1989. Result: The Rule is discharged without any order as to costs. Cases Referred to- Mohammad Salim Vs. Mohammad Siddiq Jamal & oth..Category: Civil Law | Date: | Hits: 140
Mahbubur Rahman Vs. State, 1992, 21 CLC (HCD)
....lication is allowed and the Rule made absolute. The impugned order dated 4.6.90 is hereby set aside. Stay stands vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 342. ......ahbubur Rahman ..................Petitioner Vs. The State ................Opposite Party Judgment February 12, 1992. Result: The revisional application is allowed and the Rule made absolute. Case Referred to- Bangladesh Vs. Tan Kheng Hock, 31 DLR (AD)...... Criminal Revision No. 628 of 1990. Judgment Abdul Bari Sarker J.- This Rule arises out of an application under section 439 of the Code of Criminal Procedure and is directed against the orders dated 3.4.90 and 4.6.90 passed by the Divisional Special Judge, Rajshahi in Special Case No.1..Category: Criminal Law | Date: | Hits: 78
SM Shafiul Azam and others Vs. Director of Labour and others, 1991, 20 CLC (HCD)
....tion of Criminal Case No.10 of 1990 on the basis of Annexure‑M and issuance of the summons contained in Annexures‑L and L(1) should not be declared to be illegal, without jurisdiction and without lawful authority and are of no legal effect and why the said proceeding should not be quashed. ......ported in: 44 DLR (HCD) (1992) 582........- On an application under Article 102 of the Constitution of the People’s Republic of Bangladesh, a Rule Nisi was issued on 15.8.90 calling upon the respondents to show cam as to why the impugned order dated 16.6.90 as contained in Annexure‑J to the petition and them upon initiation of Crimina..Category: Labour and Industrial Law | Date: | Hits: 176
M M Rahmatullah Vs. State, 1992, 21 CLC (HCD)
....ds of justice. 18. We have gone through the facts and circumstances of the case as it appears from the FIR, charge sheet and other documents collected by the police during investigation and the law involved therein and we do not feel inclined to embark upon the discussion on the facts of the c......tioner Vs. The State .................Respondents Judgment September 24, 1992. Result: The rule is discharged. Cases Referred to- Abdul Kader Chowdhury and others Vs. State, 28 DLR (AD) 38; Abdul Ali and another Vs. State 30 DLR 58; Bangladesh Vs. Ten ......mpuged proceedings of Special Case No.11 of 1992 now pending in the court of Additional Sessions Judge, 2nd Court and ex‑officio Special Judge, Dhaka should not be quashed, or such other or further order or orders passed as to this court may seem fit and proper. 2. While issuing the Rule on ..Category: Criminal Law | Date: | Hits: 81
Lal Banu Bibi and others Vs. Nourjan Banu, 1986, 15 CLC (HCD)
....uch and got her married for second time after petitioner was divorced by her first husband. Petilioner's 2nd husband used lo live in the house of the plainliff-opposite party as domesticated son-in-law and looked after plaintiff-opposite party and managed her property and household affairs. Peti...... This Case is also Reported in: 41 DLR (HCD) (1989) 519.......on remand to the trial court to afford an opportunity to the plaintiff opposite party to have the plaint amended to secure ends of justice. 14. In the result, the Rule is made absolute without any order as to costs. The judgment and decree of both the Courts below are set aside and the suit sen..Category: Property Law | Date: | Hits: 134
Kazi Mohammad Elias Vs. Firdous Ara @ Sara, 1989, 18 CLC (HCD)
.... complaint against the petitioner before the Chief Metropolitan Magistrate, Dhaka stating, inter alia, that she was married to the petitioner by a Registered Kabala Namah on 16.12.74 and out of the lawful wedlock a son was born to them on 12.10.80 and he was named Sakibul Hasan @ Mosu. The petitio...............Petitioner Vs. Firdous Ara @ Sara...................................Opposite Party Judgment April 18, 1989. Result: The Rule is made absolute. Cases Referred to- Imambandi Vs. Mutsaddi, ILR 45 Cal (P.C.) 878; Ahmed Nawazl and others Vs. The State, 20 DLR (WP), 45; Ba......t could only be done under the Guardian and Wards Act and that there was no allegation against the father (Petitioner) as to the welfare of the child. Accordingly he rejected the application by his order dated 30.6.87. After the disposal of the above Criminal Misc. Case No. 1441/87 the complaina..Category: Family Law | Date: | Hits: 255
Bangladesh Inland Water Transport Authority Vs. United Trading Corporation, 1989, 18 CLC (HCD)
....ini was delivered lo the plaintiffs at Barisal........... Section 32 of the Arbitration Act is as follows:- "32. Bar to suit contesting arbitration agreement or award. - Notwithstanding any law for the time being in force, no suit shall lie on any ground whatsoever for a decision upon the ...... Reported in: 41 DLR (HCD) (1989) 513.......te - For the Opposite Party. Civil Revision No.951 of 1982 Judgment Mustafa Kamal J.- This Rule obtained under section 115 of the Code of Civil Procedure is directed against the judgment and order dated 3.2.82 passed by the learned Subordinate Judge, 5th Court, Dhaka in Money Suit No.11 of ..Category: Civil Law | Date: | Hits: 142
Janata Bank Vs. Mohiuddin Specialised Textile, 2009, 38 CLC (HCD)
....y different because the preliminary decree therein has to be passed under Order XXXIV Rule 7 CPC which is substantially in the same terms as in Rule 2. The High Court Division was not well-founded in law in not being persuaded with the decisions cited in AIR 1953 (Bom) 445 and AIR 1958 (Rajasthan) 1......Mohiuddin Specialised Textile………………Defendant-Respondent Judgment August 18, 2009. Result: The appeal is allowed. Cases Referred to- Sonali Bank Vs. Quaderia Publications and Products Limited, 17 BLT (AD) 148; Sonali Bank Vs. Messrs Beg and Beg Jute Incorporated Ltd., 17......on that allowing 40% exemption ignoring the recommendation of waiver of 75% by Bangladesh Bank, the controlling authority was unreasonable and arbitrary. It also came to the finding that the impugned order was discriminatory as other companies standing on the same footing with the petitioner has bee..Category: Civil Law | Date: | Hits: 141
Shamsur Rahman alias Shamsu Moral and another Vs. State, 1998, 27 CLC (HCD)
....tion 561A of the CrPC for the ends of justice. Accordingly, we do not find any merit in this application. And hence, it is rejected. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 338.......ported in: 51 DLR (1999) (HCD) 338.......ioner was convicted and sentenced to suffer imprisonment for life under sections 302/34 of the Penal Code and for 2 years under section 201 of the Penal Code. He took appeal against that judgment and order of conviction and sentence. During the pendency of the appeal before the High Court Division t..Category: Criminal Law | Date: | Hits: 91
Khondker Abdul Majed Vs. Tarapada Dey, 1999, 18 CLC (HCD)
.... has himself having admitted in his cross-examination that he did not try to find out tri-junction pillar, he did not survey the suit plot in 16 annas, etc., the trial Court has committed an error of law in accepting the report of the commissioner which has seriously prejudiced the defendant-petitio......, inter alia, in short, is that, the plaintiff-opposite party filed Other Suit No.199 of 1988 subsequently re-numbered as Title Suit No.140 of 1990 in the Court of Senior Assistant Judge, Magura for mandatory and prohibitory permanent injunction in respect of 1 decimal of land mentioned in the sched...... Md. Abdul Aziz J Khondker Abdul Majed……………Petitioner Vs. Tarapada Dey………….Opposite Party Judgment June 28, 1999. Result: The Rule is discharged without any order as to costs. Case Referred to- Md. Abul Quasem Vs. Md. Lutfor Rahman, 10 BLD (1990) (AD)..Category: Civil Law | Date: | Hits: 122
Hyundai Corporation Vs. Deputy Commissioner of Taxes, Dhaka and another, 1999, 18 CLC (HCD)
....the Respondents. Reference Application Nos. 68-75 of 1984. Judgment Mahmudul Amin Choudhury J.- Reference Application Nos.68/75 of 1994 have been taken up for judgment as common question of law and fact is involved in these reference applications preferred against the judgment and order pa......t Division (Special Original Jurisdiction) Present: Mahmudul Amin Choudhury J Md. Abdul Aziz J Hyundai Corporation…………..Petitioner Vs. Deputy Commissioner of Taxes, Dhaka and another………………..Respondent Judgment March 11, 1999. Result: The reference......Choudhury J.- Reference Application Nos.68/75 of 1994 have been taken up for judgment as common question of law and fact is involved in these reference applications preferred against the judgment and order passed by the Taxes Appellate Tribunal. Dhaka Division, Dhaka on 27- 9-93. The Tribunal by a s..Category: Fiscal/Taxation Law | Date: | Hits: 254
Abdul Quayuam Khan Vs. Abu Yusuf Mridha, 1997, 26 CLC (HCD)
....ther relevant document relating to the property shall be deemed to be a contravention of the provisions of this Order for the purpose of this Article.” 13. It appears from the above provision of law that Government is a necessary party in a suit for specific performance of contract. It appears ......r Vs. Abu Yusuf Mridha………………Opposite Party Judgment November 20, 1997. Result: The Rule is discharged without any order as to costs. Case Referred to- Asadunnessa and others Vs. Kamruzzaman and others, 26 DLR 363. Lawyers Involved: Rafiqul Hossain on behal......owdhury J Abdul Quayuam Khan……………Petitioner Vs. Abu Yusuf Mridha………………Opposite Party Judgment November 20, 1997. Result: The Rule is discharged without any order as to costs. Case Referred to- Asadunnessa and others Vs. Kamruzzaman and others, 26 DLR..Category: Procedural Law | Date: | Hits: 129
Delicia Dairy Food Ltd. Vs. Collector of Customs and others, 1998, 17 CLC (HCD)
....espondents to show cause as to why the impugned order being Nathi No. S4-02/AP/Group-6/94/12989-Cus. Dated 12-4-1994 (Annexure-D to the Writ Petition) should not be declared to have been made without lawful authority and to be of no legal effect or such other or further order or orders passed as to ......t High Court Division (Special Original Jurisdiction) Present: Md. Ruhul Amin J Md. Iftikhar Rasool J Delicia Dairy Food Ltd……..........Petitioner Vs. Collector of Customs and others ………………….Respondent Judgment June 25, 1998. Result: The Rule is ......icia Dairy Food Ltd……..........Petitioner Vs. Collector of Customs and others ………………….Respondent Judgment June 25, 1998. Result: The Rule is discharged without any order as to costs. Cases Referred to- Rahima Food Corporation Ltd. Vs. Deputy Collector of Cus..Category: Fiscal/Taxation Law | Date: | Hits: 189
State Vs. Shahidul Alam Chowdhury and two others, 1999, 18 CLC (HCD)
....al apology tendered by the contemners are accepted and they are let off with the above warning. The Rule is disposed of accordingly. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 380....... (HCD) (1999) 380.......efore a Division Bench presided over by Mr. Justice Kazi Safiuddin and accordingly the said application was rejected as not pressed. In spite of the same petitioner filed an application for recalling order dated 7-7-97 making false statement therein. 5. In the said application it was stated that ..Category: Criminal Law | Date: | Hits: 87
Assistant Custodian, Vested Property Vs. Jugal Chandra Shaha & others, 1988, 27 CLC (HCD)
....n application by a plaintiff for an order to set aside a dismissal for default of his appearance is 30 days from the date of dismissal of the suit and the learned Munsif has committed an error of law in his decision in allowing the application without any consideration of the objection that the ......vision (Barisal Bench) (Civil Revisional Jurisdiction) Present: Muhammad Ismailuddin Sarker J Assistant Custodian, Vested Property..........................Petitioner Vs. Jugal Chandra Shaha & others............................Opposite Parties Judgment November 30, 198......................Petitioner Vs. Jugal Chandra Shaha & others............................Opposite Parties Judgment November 30, 1988. Result: The Rule is made absolute without any order as to costs. Lawyers Involved: A.K.M. Zahirul Huq, with Fakhrul Islam, Advocate - For ..Category: Limitation Law | Date: | Hits: 275
Sourja Bala Devi Vs. Habibullah Sheikh, 1989, 18 CLC (HCD)
....able to the petitioner at the relevant time and that though the application was also under Order 21, Rule 19 of the C.P.C. read with Section 18 of the Limitation Act, 1908 none of these provisions of law are applicable at all. The learned Subordinate Judge held that the judgment-debtor or the pers......dus Miah, Advocate - For the Opposite Parties. Civil Revision No. 200 of 1984. Judgment MS Ali J.- This Rule under section 115 of the Code of Civil Procedure calls in question the judgment and order dated 31.5.84 passed by the Subordinate Judge, Lakshmipur in Misc. Appeal No.242 of 1980 d......……………………….Petitioner Vs. Habibullah Sheikh……………………………Opposite Party Judgment January 11, 1989. Result: The Rule is made absolute without any order as to costs. Cases Referred to- 29 DLR 301; 9 DLR 89; 5 DLR 451; 8 DLR 258; Sasadher Gh..Category: Property Law | Date: | Hits: 106
Bangladesh Beverage Industries Ltd. Vs. Rowshan Akhter and others, 2010, 39 CLC (HCD)
....ent to mitigate the sufferings of the survivors of the family. It is suggested the Government to bring the wrong doers to Court, either by assisting the survivors in their effort to approach the law of Government on behalf the survivors realize such compensation from the wrong doers which may a...... High Court Division (Civil Appellate Jurisdicion) Present: Sharifuddin Chaklader J Md. Nuruzzaman J Bangladesh Beverage Industries Ltd.…………Appellant Vs. Rowshan Akhter and others…………..Respondents Judgment May 11, 2010. Result: The appeal is allowed......should the servant's liability. 35. So in the normal case there has been only one tort, but as it has been committed in the course of employment the master is jointly responsible for it. 36. In order that the doctrine of vicarious liability may apply, there are two conditions which must co-exi..Category: Civil Law | Date: | Hits: 339
Dr. Md. Asadullah and another Vs. Sonali Bank Ltd. & others, 2010, 39 CLC (HCD)
....the sanctioned letter. Plaintiffs for repayment of the loan requested defendant at first verbally, thereafter by personal connection, later on, by Registered Post and lastly by issuing notice through lawyer but defendant did not pay any heed. Since defendants did not repay the loan, the representati...... is also Reported in: 62 DLR (HCD) (2010) 474. ......he Miscellaneous Case No.33 of 2005 on 7-3-2006 and rejected the application filed for adjournment. The learned Judge dismissed Miscellaneous Case No.33 of 2005 on 7-3-2006. Having being aggrieved by order dated 7-3-2006. Judgment debtor petitioner preferred Miscellaneous Appeal No.90 of 2006 before..Category: Civil Law | Date: | Hits: 156
....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.
......ision
(Special Original Jurisdiction)
Present:
Md. Ashfaqul Islam J
SM Emdadul Hoque J
Trading Corporation of Bangladesh…………..Petitioner
Vs.
Commissioner, Customs, Excise and VAT Commissionarate and others…………..Respondents
Judgment
July 18, 2010.
Result:......-1) which was allowed on contest on 8-11-2003 holding that the petitioner (TCB) would be exempted from paying trade VAT @ 1.5% and the Commissioner Appeal set aside the demand dated 7-10-2002. By the order of Commissioner of Appeal it was established that the very claim of 15% trade VAT from TCB had..
Category: Fiscal/Taxation Law | Date: | Hits: 323
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