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Government of Bangladesh Vs. ATM Mannan and another, 2012, 41 CLC (AD)
....7 of the PO 16 of 1972 or section 5(1) (b) of the Ordinance No.LIV of 1985. Thus the very inclusion of the case property in the list of abandoned buildings is violative of the aforesaid provisions of law and, as such, the same has been done without lawful authority and is of no legal effect. 7.......d. A Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Md. Shamsul Huda J Government of Bangladesh, represented by the Secretary, Ministry of Housing and Public Works, Bangladesh Secretariat, Dhaka.............Appellant Vs. ATM Mannan and a......ocate, instructed by Sufia Khatiun, Advocate-on-Record-For Respondent No.1. Md. Taufiq Hossain, Advocate-on-Record- Respondent No.2. Civil Appeal No. 99 of 2008. (From the judgment and order dated 23-8-2006 passed by the High Court Division in Writ Petition No.5426 of 2004). Judg..Category: Property Law | Date: 8 Aug, 2012 | Hits: 84
Padma Oil Company Ltd Vs. Commissioner of Taxes, 2012, 41 CLC (HCD)
....ion No. 233 of 2011 along with a Rule 198(ref) of 2001 filed by the same assessee-applicant, Padma Oil Co. Ltd. Have been taken together for hearing as both the matter involve the similar question of law and therefore disposed of by this single judgment. 2. In the Income Tax Reference No. 405 o...... IT Reference application No. 233 of 2011 With Rule No.198 (ret) of 2011. Judgment AFM Abdur Rahman J.— Both these Income Tax Reference Application being No. 405 of 2009 and Income Tax Reference Application No. 233 of 2011 along with a Rule 198(ref) of 2001 filed by the......rein is required to be answered in negative and in favour of the assesses-applicant, since both the lower appellate authorities did not consider this aspect of the law and therefore the impugned orders cannot be sustained under the facts and circumstances of the case. 21. Therefore, t..Category: Fiscal/Taxation Law | Date: 7 Aug, 2012 | Hits: 5
Bangladesh Telecommunications Company Ltd Vs. CPTU, 2012, 41 CLC (HCD)
....irements can not be declared as pre-qualified by a Review Panel and thereby allow an unsuccessful pre-qualified stage bidder to submit a bid and, therefore, the order passed by Review Panel is bad in law and liable to be declared without lawful authority………..........(8) Pre......) 98. ......can not meet the pre-qualification requirements can not be declared as pre-qualified by a Review Panel and thereby allow an unsuccessful pre-qualified stage bidder to submit a bid and, therefore, the order passed by Review Panel is bad in law and liable to be declared without lawful authority&hellip..Category: Information Technology Law | Date: 7 Aug, 2012 | Hits: 10
Bangladesh Biman Corporation and others Vs. Md. Zahangir Farazi and others, 2012, 41 CLC (AD)
....dgment and order dated the 27th day of April 2006 passed by the High Court Division in Writ Petition No 1698 of 2004). Judgment Md. A Wahhab Miah J. - Identical facts and common question of law being involved, these appeals have been heard together and are disposed of by this common j......te Division (Civil) Present: Surendra Kumar Sinha J Md. A Wahhab Miah J Syed Mahmud Hossain J Md. Imman Ali J Md. Shamsul Huda J Bangladesh Biman Corporation and others..........Appellants (In all appellants) Vs. Md. Zahangir Farazi and others........... Bhuiyan, Advocate-on-Record—For Respondent No.1 (In all cases) None appears—For Respondent Nos.2-3 (In all cases) Civil Appeal Nos. 280-291 of 2009. (From the judgment and order dated the 27th day of April 2006 passed by the High Court Division in Writ Petition No 1698 of..Category: Labour and Industrial Law | Date: 7 Aug, 2012 | Hits: 18
Golam Rahman Vs. Registrar of Joint Stock Companies and Firms and others, 2012, 41 CLC (HCD)
.... 10. In view of the deliberation record above I find merit in the application. 11. In the result, the application is allowed. It is declared that the petitioner is the actual owner and he has lawful title in respect those of the 6, 17,000 numbers of shares allotted in the name of Capital Ban......Present: Md. Rezaul Hasan J Golam Rahman………………………..................Petitioner Vs. Registrar of Joint Stock Companies and Firms and others.........Respondents Judgment August 6, 2012. Result: The ap......issued by the Assistant Manager, Treasury, of the respondent No.2 Company. Since the shares were taken in the benami of respondent No.3 by using his BO ID 1203-6800-1315-6518, the respondent No.3, in order to secure the ownership of the petitioner in those shares, has issued 5 undated cheques in fav..Category: Company Law | Date: 6 Aug, 2012 | Hits: 8
Shahjahan Khalifa and others Vs. State, 2012, 41 CLC (AD)
....ng the 'falah' as material exhibit cannot make its case doubtful. The findings arrived at and the decision made by the High Court Division having been made on proper appreciation of laws and facts do not call for interference. Accordingly, this criminal petition for leave to a......n CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Md. Shamsul Huda J Shahjahan Khalifa and others.................Petitioners Vs. State................................................eputy Attorney-General, instructed by Madhu Maloti Chowdhury Barua, Advocate-on-Record—For the Respondent. Criminal Petition for Leave to Appeal No.292 of 2009. (From the judgment and order dated 16th July, 2008 passed by the High Court Division in Criminal Appeal No.3399of2001) ..Category: Criminal Law | Date: 6 Aug, 2012 | Hits: 7
Government of Bangladesh and others Vs. Md. Abul Kalam Azad and others, 2012, 41 CLC (AD)
....subject to availability of vacancies according to their seniority. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 9 ADC (2012) 855. ......Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Shamsul Huda J Government of Bangladesh, represented by the Secretary, Ministry of Education, Bangladesh Secretariat, Ramna, Dhaka and others.............Petitioners Vs. Md. Abul Kalam Azad and others...........................e-on-Record—For Respondent Nos.1, 4, 6-7 & 8. Not Represented-For Respondent Nos.2-3, 5 & 9-10. Civil Petition for Leave to Appeal No.1400 of 2011. (From the judgment and order dated 27.1.2011 passed by the High Court Division in Writ Petition No.4088 of 2010.) Judg..Category: Employment/Service Law | Date: 6 Aug, 2012 | Hits: 6
Government of Bangladesh and others Vs. Md. Abul Kalam Azad and others, 2012, 41 CLC (AD)
.... subject to availability of vacancies according to their seniority. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 3. ......r Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Shamsul Huda J Government of Bangladesh, represented by the Secretary, Ministry of Education and others..................................................Petitioners Vs. Md. Abul Kalam......ecord—For Respondent Nos.1, 4, 6-7 & 8. None Represented—For Respondent Nos.2-3, 5 & 9-10. Civil Petition for Leave to Appeal No.400 of 2011. (From the judgment and order dated 27-1-2011 passed, by the High Court Division in Writ Petition No.4008 of 2010.) Jud..Category: Employment/Service Law | Date: 6 Aug, 2012 | Hits: 5
Shahjahan Khalifa and others Vs. State, 2012, 41 CLC (AD)
....he ‘falah’ as material exhibit cannot make its case doubtful. 18. The findings arrived at and the decision made by the High Court Division having been made on proper appreciation of laws and facts do not call for interference. Accordingly, this criminal petition for leave to ......mel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Shahjahan Khalifa and others..........Petitioners Vs. The State......................................Respond......Deputy Attorney General, instructed by Mrs. Madhu Maloti Chowdhury Barua, Advocate-on-Record-For the Respondent. Criminal Petition for Leave to Appeal No.292 of 2009. (From the judgment and order dated 16th July, 2008 passed by the High Court Division in Criminal Appeal No.3399 of 2001) ..Category: Criminal Law | Date: 6 Aug, 2012 | Hits: 113
Yousuf Chowdhury (Md.) Vs. Md. Emran and another, 2012, 41 CLC (HCD)
.... the evidence on record, particularly, the noting in the diary of the defendant which proved that most of the loan money taken by the defendant from the plaintiff was returned back and thus, erred in law in dismissing the appeal. 7. Mr. Abdul Wadud Bhuiyan, learned Advocate, entering caveat on be......nbsp; Md. Imman Ali J Md. Shamsul Huda J Yousuf Chowdhury (Md.)................Petitioner Vs. Md. Emran and another..................Respondents Judgment August 5, 2012. Result: The appeal sa......itioner. Abdul Wadud Bhuiyan, Senior Advocate instructed by Sufia Khatun, Advocate-on-Record—For the Respondents. Civil Petition for Leave to Appeal No.2536 of 2010. (From the judgment and order dated the 20th day of May, 2010 passed by the High Court Division in First Appeal No.99 of 199..Category: Civil Law | Date: 5 Aug, 2012 | Hits: 40
State Vs. Md. Artful Islam @ Arif, 2012, 41 CLC (AD)
....rent powers. The judgment of the High Court Division is set-aside. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 82. ...... (Act No. V of 1898); section 561A Inherent powers of the High Court Division The inherent powers of the High Court Division is neither an alternative nor an additional in its correct sense and is to be rarely invoked only in the interest of justice so as to seek redress of grievances for ......ocate-on-Record—For the Petitioner. Md. Tafique Hossain, Advocate-on-Record—For the Respondent. Criminal Petition for Leave to Appeal No.402 of 2009. (From the judgment and order dated 10-11-2009 passed by the High Court Division in Criminal Miscellaneous Case No.24129 of ..Category: Procedural Law | Date: 2 Aug, 2012 | Hits: 7
Yasin Rahman @ J Rahman Yasin @ Titu Vs. State, 2012, 41 CLC (AD)
....earned sister has also used the confessional statements of co-accused in support of the charge of criminal conspiracy and also has considered both the charges jointly which is not permissible in law. A confessional statement of accused cannot be used in support of the charge of criminal con......li Bhutto Vs. State, PLD 1979 SC 53; Maj. Md. Bazlur Huda Vs. State, ADC Vol. VI(A) 1; Shama Rao Vs. Union Territory of Pondicherry, (1967) 2 SCR 650; Nazir Hussain Vs. Muhammad Shafi, 17 DLR (SC) 40 and Abul Kalam Azad alias Ripon Vs. State, 58 DLR (AD) 26. State Vs. Abdur Rashid Piada alias Abdur ......y-General and Mohsin Rashid, Advocate with him) instructed by Madhumaloty Chowdhury Barua, Advocate-on-Record—For the Respondent. Criminal Appeal No.33 of 2011. (From the judgment and order dated 28-3-2007 passed by the High Court Division in Government (Criminal) Appeal No.34 of 200..Category: Criminal Law | Date: 1 Aug, 2012 | Hits: 36
National Board of Revenue Vs. Abu Saeed Khan and others, 2012, 41 CLC (AD)
.... who by reason of poverty, lack of education, helplessness, social disabilities or economic paucity cannot seek legal redress for the violation of their rights, fundamental or legal in the court of law. The High Court Division should guard to see that it's processes are not abused by any person ......azmun Ara Sultana J Syed Mahmud Hossain J Md. lmman Ali J Shamsul Huda J National Board of Revenue........... .........Appellants Vs. Abu Saeed Khan and others………………….......Respondents Judgment August 1, 2012. Re......at all maintainable in the light of the principles settled by this Division in Mohiuddin Farooque, Professor Mozaffor Ahmed, and Ms. Syeda Rizwana Hasan. It is also noticeable that after seeking an order from the High Court Division by filing a PIL, the lawyers are appearing before the electroni..Category: Fiscal/Taxation Law | Date: 1 Aug, 2012 | Hits: 27
Monindra Nath Biswas Vs. Kantaram Mondal and others, 2012, 41 CLC (HCD)
.... Code of Civil Procedure; ii) no claim was made regarding benami transaction or benami acquisition of property and, as such, the suit barred. In support of his contention he referred to the case law of Government of Bangladesh Vs. Sheikh Hasina, reported in 60 DLR (AD) 90. iii) the suit i......preme Court High Court Division (Civil Revisional Jurisdiction) Present: Shahidul Islam J Monindra Nath Biswas ......................Petitioner Vs. Kantaram Mondal and others................Opposite Parties Judgment July 31, 2012. Result: The R......he appeal and affirming those dated 7-5-1992 passed by the learned Additional Assistant Judge, 3rd Court, Khulna in Title Suit No.192 of 1990 should not be set-aside and or such other or further order or orders passed as to this Court may seem fit and proper. 2. This Court by order dated 2..Category: Property Law, Procedural Law | Date: 31 Jul, 2012 | Hits: 5
MA Gafur Vs. Registrar of Joint Stock Companies and Firms & ors, 2012, 41 CLC (HCD)
....as issued for calling an EGM although the Board of directors has not taken any decision to call any EGM for amendment of article 14 and Article 26 and, as such, the said notice was called without any lawful authority and with ulterior motive to grab 100% controlling power by the respondents. He......gh Court Division (Statutory Original Jurisdiction) Present: Md. Rezaul Hasan J MA Gafur...............................Petitioner Vs. Registrar of Joint Stock Companies and Firms & ors..................Respondents Judgment July 31, 2012. Result: ......ny in its transaction of business with the 3rd parties or even in doing or ratifying an ultra vires act. In such circumstances section 233 has invested this court with wide powers to pass appropriate orders as permitted by the clauses (a) (b) and (c) to sub-section (3) of section 233 of the Act. ..Category: Company Law | Date: 31 Jul, 2012 | Hits: 16
Southeast Bank Ltd Vs. District Magistrate, Chittagong and others, 2012, 41 CLC (HCD)
....ated in Section 12(5)(ka) of the Artha Rin Adalat Ain, 2003 the petitioner bank filed an application before the District Magistrate, Chittagong for taking necessary steps as per the said provision of law. But despite filing of such application the respondents are not taking necessary steps. It furth...... Mamnoon Rahman J Md. Abu Zafor Siddique J Southeast Bank Ltd……………………......Petitioner Vs. District Magistrate, Chittagong and others .......Respondents Judgment July 30, 2012. Result: The application is......s.1 and 2 are directed to disposed of the application as evident in Annexure-I strictly as per provision of Section 12(5)(ka) of the Act, 2003 within 15(fifteen) days from the date of receipt of this order. 3. With these observation and direction the application under Article 102 of the Constit..Category: Constitutional Law | Date: 30 Jul, 2012 | Hits: 1
Energy Prima Ltd Vs. People's Republic of Bangladesh and others, 2012, 41 CLC (HCD)
....In writ petition No. 3877 of 2009) Writ Petition No. 3877 with 3904 of 2009. Judgment Md. Ashraful Kamal J. - Since in these Writ Petitions there involved a common question of fact and law, those are heard and disposed of by this judgment. 2. In Writ Petition No. 3 877 of 2...... Md. Ashraful Kamal J Energy Prima Ltd……………………………...Petitioner Vs. People's Republic of Bangladesh and others...............Respondents Judgment July 29, 2012. Result: Both......twenty four) deducted as Advance Income Tax (AIT) @ 4% from the Monthly Rental and Energy Payment of the petitioner under the said Contract No. 09689 dated 16-1-2003 and/or pass such other or further order or orders as to this Court may seem fit and proper. 3. In both the Petitions Rule were is..Category: Business or Commercial Law, Constitutional Law | Date: 29 Jul, 2012 | Hits: 6
Md. Shahabuddin Vs. State, 2012, 41 CLC (AD)
.... 19.12.2001 alleging, inter-alia, that on 17.12.2001 at about 5.15 P.M. the accused Taleb Ali alias Tala, Ershad, Azad, Shamsu, Dulal, Nasir and Shahabuddin and 5 to 6 other unknown persons forming unlawful assembly and being armed with various deadly weapons entered into the house of the informant ......dvocate instructed by Md. Ibrahim Khalil, Advocate-on-Record—For the Petitioner. Respondent—Not represented. Criminal Petition for Leave to Appeal No.376 of 2009 (From the judgment and order dated 12.12.2006 passed by the High Court Division in Jail Appeal No.181 of 2006.) Or......ate instructed by Md. Ibrahim Khalil, Advocate-on-Record—For the Petitioner. Respondent—Not represented. Criminal Petition for Leave to Appeal No.376 of 2009 (From the judgment and order dated 12.12.2006 passed by the High Court Division in Jail Appeal No.181 of 2006.) Order ..Category: Criminal Law | Date: 29 Jul, 2012 | Hits: 102
State Vs. Md. Aman Ullah Aman, 2012, 41 CLC (AD)
....o harbour any doubt in the mind of the accused that the learned Magistrate was influenced by any other extaneos consideration for which he suspected that he would not be dealt with in accordance with law on the date so fixed. Even then, the accused-respondent moved the High Court Division an applica......ghest echelon. Before making any decision on the basis of the application filed by the investigating agency by the learned Magistrate, the learned Judges usurped the power of the learned Magistrate and made the direction. To say otherwise, though the Code of Criminal Procedure authorized a Magistr......re, that such court or tribunal may be acting without or in excess of jurisdiction if this condition is lacking when a tribunal acts without or in excess of jurisdiction, its decision. This sort of order tantamounts to undermining the authority of the learned Magistrate by the Judges of the highes..Category: Procedural Law | Date: 26 Jul, 2012 | Hits: 32
Md. Arfan Ullah alias Arfan and others Vs. The State, 2012, 41 CLC (HCD)
.... cited as witness No.1. The learned Magistrate, 1st Class, by order dated 14.06.1999 sent the complaint of Arabjan Bibi to the Officer-in-Charge, Moulvi bazar Police Station, for taking action as per law and to inform the Court as to the action taken. The complainant Arabjan Bibi remained absent in ......ed in: 21 BLT (HCD) (2013) 28 ...... cause as to why the proceeding of C.R Case No.218 of 2002, pending in the Court of Magistrate, 1st Class, Cognizance Court No.1, Moulvibazar Sadar, should not be quashed and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. Facts relevant for disposal..Category: Criminal Law, Procedural Law | Date: 25 Jul, 2012 | Hits: 1
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