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Government of the People's Republic of Bangladesh Vs. Nasirur Rahman, 2011, 40 CLC (AD)
....on of the direction given by the High Court Division in the impugned judgment and order. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 87, 9 LG (AD) (2012) 50, 17 MLR (AD) (2012) 89. ......writ petition before the High Court Division challenging the letter vide Memo No. Moshi Bim/Sha-7/28/96-97(Angsh-1)206/1(2) dated 02.08.1999 signed by writ-respondent No.4 to have been passed without lawful authority and is of no legal effect and also for direction upon the writ respondent-petitione..Category: Employment/Service Law | Date: | Hits: 119
Government of Bangladesh and Others Vs. Md. Mosharraf Hossain, 2011, 40 CLC (AD)
....een “the junior of feeder post and senior post or promotion post may very (sic) because of getting selection grade and time scale in the Cower or feeder post.” If such inequality exists, there is provision for “equalization between the junior and the senior pay scale of a promotion post.” Th......গ বিধিমালা, ২০০০ in so far as they treat the Bench Readers as Third Class Non-Gazetted Officers instead of First Class Gazetted Officers to have been issued and made without lawful authority and are of no legal effect. The petitioner also sought direction upon the present a..Category: Employment/Service Law | Date: | Hits: 127
Rajdhani Unnayan Katripakkha (RAJUK) Vs. A.K.M. Abdul Hakim and Others, 2010, 39 CLC (AD)
....tion since late Abdul Hamid was an inhabitant of Chittagong City. The respondents in reply thereto informed the RAJUK that they are not in a position to produce succession certificate as there, is no provision to issue succession certificate in respect of immovable property under the Succession Act,......eable property. We find no substance in this petition, which is accordingly dismissed with cost of Tk. 10,000/- (ten thousand) only. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 34. ..Category: Civil Law | Date: | Hits: 76
State Vs. Dafader Marfoth Ali Shah and another, 2011, 40 CLC (AD)
....ons Judge shall take necessary steps to take the accused-respondents into custody. The appellant is directed to file concise statement by 13th February, 2011. Ed. This Case is also Reported in:...... judgment by misreading, misquoting and misunderstanding the evidence on record especially that of P.W.29 and P.W.52; as such the judgment is perverse. II. Because the High Court Division erred in law by not properly applying the well settled principles of law regarding circumstantial evidence an..Category: Criminal Law | Date: | Hits: 191
Mainuddin Vs. State and another, 2010, 39 CLC (AD)
.... no error of law in maintaining the impugned order. The submissions of the learned Counsel merit no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......nikgonj, who after hearing both the parties allowed the revision and set aside the order of the Magistrate directing further investigation and directed the Magistrate to take steps in accordance with law. The learned Magistrate thereupon examined the complainant, held an enquiry under section 202 of..Category: Criminal Law | Date: | Hits: 66
....tition) passed by respondent No.1, Customs, Excise & VAT, Appellate Tribunal, directing it to submit the copy of the treasury chalan after depositing the demanded Value Added Tax (VAT) as per the provisions of the Value Added Tax Act, 1991 (the VAT Act) to have been issued without lawful autho......ing it to submit the copy of the treasury chalan after depositing the demanded Value Added Tax (VAT) as per the provisions of the Value Added Tax Act, 1991 (the VAT Act) to have been issued without lawful authority and is of no legal effect. Accordingly, the Rule was issued.
3. The case of the ..
Category: Fiscal/Taxation Law | Date: | Hits: 130
Azmal Khan Vs. Md. Afzal Khan and others, 2011, 40 CLC (AD)
....ame. We find no substance in the contention of Mr. Kamal-ul-Alam. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 17. ......nga Bai Vs. Vijay Kumar, Air 1974 SC 1126 it has been observed: "the power to allow an amendment is undoubtedly wide and may at any stage be appropriately exercised in the interest of justice, the law of limitation notwithstanding. But the exercise of such far reaching discretionary powers is g..Category: Civil Law | Date: | Hits: 86
Abdus Sattar Bhuiyan Vs. Abdur Razzaque and another, 2011, 40 CLC (HCD)
....nected Civil Rule is accordingly disposed of. The trial Court is directed to dispose of the suit as expeditious as possible. Faruque Ahmed J.- I agree. Ed. This Case is also Reported in: ......porary injunction, written objection and the documents of possession annexed with the supplementary affidavit filed by the appellant-petitioners in the Civil Rule. We have also consulted the relevant law of temporary injunction especially Order XXXIX rule 5A (3) of the Code, in view of which we do n..Category: Civil Law | Date: | Hits: 67
Ramjan Ali Mistry Vs. Md. Hedayelullah, 1978, 7 CLC (AD)
.... three questions which are as follows:- 1. Whether the Courts below on the evidence on record were well founded in law in holding, that the tenant did not deposit the rent in compliance with the provisions of Rent Control Ordinance, 1963. 2. There are some decisions of the Dacca High Court......0 of 1975.) Judgment Kemaluddin Hossain CJ.- Leave was granted to consider three questions which are as follows:- 1. Whether the Courts below on the evidence on record were well founded in law in holding, that the tenant did not deposit the rent in compliance with the provisions of Rent C..Category: Property Law | Date: | Hits: 87
M/S Pak Jute Mills Ltd. Vs. Income Tax Officer and another, 1978, 7 CLC (AD)
....hat the bonus shares were not subject to any Income-Tax or super tax. He contended that the bonus shares were issued by capitalisation of its accumulated reserve fund created in accordance with the provisions of Section 15BB of the Income-Tax Act. The demand of the Income-Tax Officer that the bonu......en that this tax has been levied under item 43, clause (c) of the Third Schedule whereas, it should be clause (e). Third Schedule is merely the legislative list dealing with the matters from making laws by the legislature. Clause (e) deals with corporation taxes and taxes on income other than agri..Category: Fiscal/Taxation Law | Date: | Hits: 131
Zaminur Rahman & others Vs. Bangladesh & others, 1978, 7 CLC (AD)
....e out collection of Octroi of or Octroi post barrier or group of such posts barrier for a period for not exceeding one year at a time on such terms and conditions, not being inconsistent with the provisions of these rules, as it may deem fit.” 12. Mr. Ishtiaq Ahmed argues that the bid money......summarily dismissing the writ petition No.416 of 1976 filed by the appellants, for declaration that the impugned Notification No. S-VI/3R-2/76/17 dated 6.7.76 issued by Respondent No.1, was without lawful authority and for directing Respondent No.1 to cancel, withdraw that or rescind the said No..Category: Fiscal/Taxation Law | Date: | Hits: 112
Mullick Brothers Vs. Income Tax Officer and another, 1978, 7 CLC (HCD)
....r other legal instrument, and any custom or usage, the force of law in Bangladesh." The "existing law" have been saved by Article 149 of the Constitution which is as follows: — "Subject to the provisions of this Constitution all existing laws shall continue to have effect but may be amended......r notice demanding justice on the Commissioner of Income Tax investigation (now north) Dacca being respondent No.2 on 10.4.1974 for directing respondent No.1 to grant the necessary relief under the law. Having not received any reply from the said respondent No.2 the appellant, moved the High Cou..Category: Fiscal/Taxation Law | Date: | Hits: 122
Sonali Bank Vs. Mozaffor Hossain, 1997, 26 CLC (HCD)
....ee for Taka 41,487.20 had been awarded in favour of the plaintiff-Bank. 5. The defendant, thereafter, on 30-8-1993 filed an application being numbered as Miscellaneous Case No.66 of 1983 under the provisions of Order 9 rule 13 of the Code of Civil Procedure, for restoration of the suit to its fil......icient cause for non-appearance when the suit was called on for hearing and whether the impugned judgment and order of restoration of the suit on setting aside the ex parte decree was well-founded on law within the meaning of Order 9 rule 13 of the Code of Civil Procedure. 3. For the purpose of a..Category: Procedural Law | Date: | Hits: 80
Harunar Rashid (Md.) Vs. Subordinate Judge, (Artha Rin Adalat) Bogra and others, 1997, 26 CLC (HCD)
....ile he was in the Jail hajat the impugned decree was passed behind his back as such principle of natural justice has been violated. It is also submitted that the impugned judgment is violative of the provision of Article 27, 31 and 32 of the Constitution as such the same is to be declared to have be......the respondents to show cause as to why the judgment and decree passed by the respondent No.1 in Artha Rin Adalat Suit No.248 of 1991 on 16-7-92 should not be declared to have been passed without any lawful authority and to be of no legal effect. 2. Short facts for the disposal of the Rule are th..Category: Civil Law | Date: | Hits: 71
Abdur Rahim Vs. Arifur Rahman and others, 1997, 26 CLC (HCD)
....impugned judgment to call for any interference by this Court exercising revisional power. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 166.......ideration of a material witness or a material piece of evidence of the witnesses of a party or any important document is a serious legal infirmity which renders the impugned decision unsustainable in law. In the instant case, while, decreeing the suit the learned trial Court totally ignored the evid..Category: Procedural Law | Date: | Hits: 68
Mohor Ranjan Pal and others Vs. State, 1997, 26 CLC (HCD)
....s back to the Sessions Judge, Dhaka for his approval. 7. The learned Sessions Judge, however, by the impugned order dated 14-9-94 held that the case was exclusively triable by Special Judge as per provision of Criminal Law Amendment Act 1958, and as ex-officio Senior Special Judge he took cogniza......riminal Miscellaneous Case No. 1219 of 1995 with Criminal Miscellaneous Case No. 303 of 1996. Judgment Kazi AT Manowaruddin J.- These two Rules have been heard together as the facts and law involved in them are same and both Rules are now being disposed of by this judgment. 2. These..Category: Criminal Law | Date: | Hits: 71
Aslam Vs. State, 1998, 27 CLC (HCD)
....ibunal Judge will, however, be at liberty to cancel the bail, if he finds any misuse of the privilege of bail by the accused-appellant. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 161.......1995 was started against the accused-appellant under section 19A and 19F of the Arms Act. The police after investigation submitted charge sheet against the accused-appellant under the same section of law on 13-2-1996. Thereafter, it appears from the paragraph 3 of the memo of appeal that the accused..Category: Criminal Law | Date: | Hits: 65
Ihteshamur Rahman Vs. Masuda Khatun and others, 1998, 27 CLC (HCD)
....tively within 3(three) months from the d of receipt of this order. The order of stay earlier granted by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 159. ......ession in the suit land and, as such, the suit is liable to be dismissed. 4. In due course of time the plaintiff was examined as a witness and on 15-11-93 he was duly cross-examined by the defence lawyer. Thereafter, on 26-2-94 the plaintiff filed an application for re-examination of P.W.1 on the..Category: Property Law | Date: | Hits: 66
.... people the co-sharers’ attachment to their ancestral house and their anxiety to preserve the purdha and privacy of the members and inmates of the undivided dwelling house, the legislators made the provisions of section 4 of the Partition Act. The expression a dwelling house belonging to an undivi...... possessing the suit plot which is an undivided house for more that 30 years and he is entitled to buy the same under section 4 of the Partition Act and the learned Additional District Judge erred in law in deciding the case under section 4 of the Partition Act and as a result justice is denied to t..
Category: Property Law | Date: | Hits: 63
Bainchitala Islamia Junior Madrasha Vs. Md. Abdur Rashid & others, 1997, 26 CLC (HCD)
....rther submits that in view of the fact that the opposite parties have failed to show that they have succeeded to the Estate of their deceased father, they can neither be added as appellants under the provisions of Order I rule 10 nor under Order 22 rule 4 of the Code of Civil Procedure because in bo......ellate Court below and obtained the instant Rule. 3. Mr. HN Nandi, the learned Advocate appearing for the plaintiff-petitioner, submits that the learned appellate Court below committed an error of law in allowing the application filed by the opposite parties in view of the facts that the petition..Category: Property Law | Date: | Hits: 55
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