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Commissioner of Customs and others Vs. M/S. Sunlit Fashion Limited, 2010, 39 CLC (AD)
....ted question of facts are involved, those can not be resolved by affidavits and accordingly the writ petition is not maintainable. 4. The High Court Division, after hearing, made the Rule absolute holding that the notice dated 23.7.2001 was issued by the appellant No.1 without complying the provi...... order dated 2.11,2002 passed by the High Court Division is set aside. The appeal is allowed without any order as to cost. This Case is also Reported in: 16 MLR (AD) (2011) 54, VIII ADC (2011) 29. ..Category: Fiscal/Taxation Law | Date: 19 May, 2010 | Hits: 63
Roshanally Mohamed Harji and another Vs. AKM Zakir Hossain and another, 2010, 39 CLC (HCD)
.... stated that the Khatian No.14 recording raiyati interest of Naurraja was a collusive one and that Naurraja had no raiyati right in the Khatian No.14 and that he did not pay any rent for such raiyati holding, it was contended that it was averred in paragraph 2 of the plaint that the raiyati recorded......that the suit land has been described as 'his property as Shilmondi on Dhaka-Sylhet road' is entirely vague, unspecified, imaginary but from the plaint it appears that 5 schedule of lands have given covering huge lands of several plots which have not been the lands of bainapatra as these lands have ..Category: Property Law | Date: 12 May, 2010 | Hits: 133
Amina Khatun and others Vs. State and others, 2010, 39 CLC (HCD)
....e to the hostile attitude of defendant Nos.5 and 6, who did not cooperate the demarcation was not made. 7. The learned judge framed 5 issues and on consideration of the same, dismissed the suit, holding that, plaintiff could not prove that Pachkori Das was in Bangladesh while executing and regi......nemy or abandoned property after 1969 As per decision of the Appellate Division no property can be declared as enemy property or abandoned property after 1969. It can be relied upon the case of Government of Bangladesh Vs. Paresh Chandra Gharani, 50 DLR(AD) 70 wherein it has been held that when..Category: Property Law | Date: 26 Apr, 2010 | Hits: 9
Kazi Md. Abdul Basit Vs. State, 2010, 39 CLC (HCD)
....reported in AIR 1973 SC 33 the word "officer" in Clause Ninth means some persons employed to exercise to some extent and in certain circumstances a delegated function of the government. The holding of office implies charge of a duty attached to the office. 10. According to Section 197......ijheel Police Station Case No. 27 dated 06.04.2007 corresponding to G.R. Case No.330 of 2007 under Section 25B and 25D of the Special Powers Act, 1974 taking cognizance without prior sanction by the Government against the accused-petitioner under Section 25B (1) of the Special Powers Act, 1974. ..Category: Criminal Law | Date: 13 Apr, 2010 | Hits: 119
Md. Osman Gani alias Faruq Mia Vs. Deputy Commissioner and others, 2010, 39 CLC (HCD)
....that summons were shown to have been served upon them but they did not receive the same and they had no knowledge about the suit. The trial Court by the order dated 27-11-2006 rejected the Misc. Case holding that (a) defendant petitioner failed to produce any paper relating to lease of the suit land......d: (a) Whether summons were duly served on the defendant, and (b) Whether the defendant has sufÂficient cause for non appearance in spite of the service of summons on him. Mere appearance of the Government Pleader without furnishing Vokalatnama duly signed by the conÂcerned authority of the Go..Category: Procedural Law | Date: 6 Apr, 2010 | Hits: 111
M/S. Golden Match Works Limited Vs. Customs, Excise and VAT Appellate Tribunal, 2010, 39 CLC (HCD)
....ent, Appeal Tribunal 5 ADC 478 and made submissions in different ways. The learned Assistant Attorney-General basing on that decision submits that the interpretation given by the Appellate Division holding section 42(4) of the Act not applicable in a given situation was absolutely correct and app......disposed of by Tribunal within 12 months. This submission is misconceived and not in keeping with the provisions of the Act particularly in respect of the interpretation of the relevant provisions governing the issue. 10. Section 42(1) made provisions for filing of the appeal. It says, ..Category: Fiscal/Taxation Law | Date: 25 Mar, 2010 | Hits: 8
....etitioners and the matter was purely domestic affairs of the University Authority. The learned Advocate further submitted that the High Court Division erred in law and facts and misdirected itself in holding that there has been discrimination in not confirming the service of the writ-petitioners whi......are also permitted to file important documents by way of additional paper books at the time of hearing of the appeal, if so desire.
Ed.
This Case is also Reported in: VII ADC (2010) 1008.
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Category: Employment/Service Law | Date: 22 Mar, 2010 | Hits: 92
Abdur Rouf Chowdhury (Md.) Vs. Mirza Shahabuddin Ispahani and others, 2010, 39 CLC (HCD)
....tiff had delivered possession in favour of defendant and delivered documents to defendant, together with a Power of Attorney to execute and register any sale deed as such the Court acted illegally in holding that time was essence of the contract. 16. Mr. Fida M Kamal, learned Advocate, appearin...... plaintiff in part performance of the contract followed by a registered agreement, the defendants No.2-3 cannot be ousted from their possession in as much as, they have acquired an indefeasible right over the said property and the plaintiff vendor has lost all his right to the property. It is furthe..Category: Procedural Law | Date: 10 Mar, 2010 | Hits: 13
Sheikh Hasina Wazed Vs. Government of Bangladesh, 2010, 39 CLC (HCD)
.... though that move was initiated was subsequent to the date of the submission of the charge sheet. The said application ended in fiasco, as this Division discharged the Rule on maintainability ground, holding that the application was premature. This Division did not, therefore, have an opportunity to......Bangabandhu Sheikh Mujibur Rahman Sudha Sadan, House No.54, Road No.5, Dhanmondi Residential Area, Dhaka……………………......Petitioner Vs. Government of the People’s Republic of Bangladesh, represented by the Secretary for Ministry of..Category: Anti-Corruption Laws | Date: 9 Mar, 2010 | Hits: 228
Sheikh Hasina Vs. Bangladesh & others, 2010, 39 CLC (HCD)
....ompted by the news paper’s critical stance against the imposition of emergency. 59. In Prapat Singh Vs. Punjab (AIR 10964 SC 72), the Supreme Court set aside a decision on malafide ground, holding that the allegation placed by the petitioner that he was a victim of the Chief Minister&rsqu......e Court High Court Division (Special Original Jurisdiction) Present: AHM Shamsuddin Choudhury J Borhanuddin J Sheikh Hasina, Former Prime Minister and Chairman, ECNEC, Government of Bangladesh, daughter of the Father of the Nation, Late Bangabandhu Sheikh Mujibur Rahma..Category: Anti-Corruption Laws | Date: 4 Mar, 2010 | Hits: 102
Sheikh Hasina Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....to because of the latter’s critical stance against the imposition of emergency. 68. In Prapat Singh Vs. Punjab (AIR 10964 SC 72), the Supreme Court set aside a decision on malafide ground, holding that the allegation placed by the petitioner that he was a victim of the Chief Minister&rsqu......e Court High Court Division (Special Original Jurisdiction) Present: AHM Shamsuddin Choudhury J Borhanuddin J Sheikh Hasina, Former Prime Minister and Chairman, ECNEC, Government of Bangladesh, daughter of the Father of the Nation, Late Bangabandhu Sheikh Mujibur Rahma..Category: Anti-Corruption Laws | Date: 4 Mar, 2010 | Hits: 131
Ayrin Akhter Lypi Vs. Bahadur Khan and another, 2010, 39 CLC (HCD)
....submits that upon submission of the learned Special Public Prosecutor the learned Judge of the Tribunal below arbitrarily allowed the petition under Section 494 of the Code of Criminal Procedure holding that it might be a political case although no material was placed before the Court of that e......ubject to consent of the trial Court and that the Court would exercise its function judicially before giving such consent which implies that the Court will have to examine the materials on which the Government decides withdrawal of a case from prosecution...................................(11) Ca..Category: Women and Children | Date: 27 Jan, 2010 | Hits: 156
Mosammat Rehana Akhter Vs. Rizia Begum and others, 2010, 39 CLC (HCD)
....oth the Courts below held that the correctness of the disputed khatian cannot be considered in a pre-emption proceeding and accordingly, in my opinion, both the Courts below committed error in law in holding that correctness of the disputed khatian cannot be considered in the present proceeding and ...... Roy Chowdhury. Thereafter he sold out the same to Abdul Samad; that during B.S. survey operation the said land was recorded in B.S. khatian No.1196 under B.S. dag Nos.954, 958 and 955/956/957. Land covered by B.S. dag No.954 is 32 decimals and B.S. dag No.958 covered 18 decimals; that thereafter th..Category: Property Law | Date: 13 Jan, 2010 | Hits: 56
Paresh Chandra Biswas Vs. Sree Sree Shashan Kalimata Idol and others, 2009, 38 CLC (HCD)
....es considered meritorious in the Hindu social and religious system. Under the Hindu law, the image of a deity of the Hindu Pantheon is a juristic entity, vested in the capacity of receiving gifts and holding property. Religious institutions known under different names are regarded as possessing the ......Sree Sree Kalimata were in possession of the same and with a view to remove any complication in future regarding the deity's title, the shebaits of the kalimata took pattan of the lands from the Government. The recitals in the deed clearly disclosed that the deity is a public debuttor which is b..Category: Others, Property Law | Date: 16 Dec, 2009 | Hits: 94
Government of Bangladesh Vs. Syed Md. Belayet Hossain, 2009, 38 CLC (HCD)
....as principal of Abdul Malek College wherein he has been serving in that capacity since 29.6.2006 till filing of the writ petition. 3. The High Court Division, after hearing, made the Rule absolute holding that as per the Circular No. শাঃ১১/বিবিধ-৫/৯৪/(অংশ-৬)à§à§......ted in: 15 MLR (AD) (2010) 512. ..Category: Employment/Service Law | Date: 10 Dec, 2009 | Hits: 159
Zahirul Islam & others Vs. Government of Bangladesh others, 2009, 38 CLC (HCD)
....d or act as an appellate authority over an appellate order passed under Rule 31 and set-aside such, appellate order or direct the Appellate Officer to hear an appeal afresh in respect of a particular holding. Nor the Appellate Officer is empowered to rehear an appeal which was finally disposed by hi......Present: Md. Ashfaqul Islam J Md. Moinul Islam Chowdhury J Zahirul Islam & others………………………Petitioners Vs. Government of Bangladesh others................Respondents Judgment October 28, 2009. ..Category: Property Law, Tenancy Law | Date: 28 Oct, 2009 | Hits: 5
Abdul Latif alias Kahinur alias Kahin and other Vs. State, 2009, 38 CLC (HCD)
.... the accused persons under section 6(3) of the Nari-o-Shishu Nirjatan (Bishesh Bidhan) Ain, 1995. 4. The case was transferred to the Court of the Nari-o-Shishu Nirjatan Daman, Bishesh Adalat for holding trial. 5. Prosecution examined 15 witnesses and the defence examined none. 6. The ......6(3) of the Nari-o-Shishu Nirjatan (Bishesh Bidhan) Ain, 1995 and sentencing them to suffer imprisonment for life. 2. The prosecution case in short is that informant Kanchoni Bala in order to recover her loan money from a co-villager went to their house and while returning from there she was su..Category: Women and Children | Date: 6 Oct, 2009 | Hits: 116
....nquiry
in respect of the title of the pre-emptor, rather it only require to consider
incidentally whether the pre-emptor is a co sharer tenant by inheritance, by
purchase and whether the tenant is holding land contiguous to the land transferred............(18)
Cases Referred to-
Hal......als have
allowed the preemption which is an error of law and as such, the judgments are
liable to be set aside. He further submitted that the Courts below had to
decide the title of the pre-emptor over his own land in as much as the preemptor
has not filed any documents of his title but he sough..
Category: Property Law | Date: 25 Aug, 2009 | Hits: 3
Shamsul Hossain Vs. Anwar Hossain and others, 2009, 38 CLC (HCD)
....er the tender notice is illegal, what the other relief or relives plaintiffs are entitled and whether plaintiffs entitled to get the decree. 7. Learned Judge dismissed the suit of the plaintiffs holding that the plaintiffs did not acquire any title by adverse possession. Against this finding pl......hree appeals, First Appeal No. 48 of 1999 by Samsul Hasan alias Md Hasan Samsuzzaman, defendant No. 5, auction purchaser, FA No. 203 of 1999 by Anowar and others plaintiffs and FA No. 330 of 1999 by Government of Bangladesh, represented by Secretary, Ministry of Jute Corporation directed against a s..Category: Property Law | Date: 20 Aug, 2009 | Hits: 3
Dr. Mohiuddin Khan Alamgir Vs. ACC and another, 2009, 38 CLC (HCD)
....thorised to make investigation on the allegation as set out in the FIR. 13. After 53 days of investigation Ms. Sharmin Ferdousi submitted charge sheet on 29-4-2007 stating that the appellant was holding six FDRs valued at Taka 1.17 crore beyond the known source of income of the appellant. The a......Service in 1965. Thereafter, he did his PhD. He served with distinction as a teacher of Dhaka University, Banks, Consultant of different international organisations and after his retirement from the government service as Secretary, he served the country as State Minister as technocrat. He became act..Category: Anti-Corruption Laws | Date: 13 Jul, 2009 | Hits: 286
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