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Chowdhury Mohidul Haque Vs. Anti-Corruption Com¬mission and others, 2014, 43 CLC (AD)
....er and cogent reasons. 6. Against the initiation and continuation, of the proceedings of Special Case No.11 of 2010 arising out of Kotwali Police Station Case No.5 dated 2-7-2005 on the basis of alternative charge-sheet being No. 348/Ka dated 5-8-2010 under sections 409/477 (Kay 109 of the...... High Court Division (Civil) Present: Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Chowdhury Mohidul Haque................Petitioner Vs. Anti-Corruption Commission and others.............Respondents Judgment October 21, 2014. ...... illegality or infirmity in the impugned judgment and order and accordingly the civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 115. ..Category: Civil Law | Date: 21 Oct, 2014 | Hits: 6
Haji Mohammad Ali vs. Commissioner of Taxes, 2014, 43 CLC (HCD)
.... and in default threaten to file criminal cases under section 165 and 166 of the Income Tax Ordinance 1984 on the ground of so called concealment of income of the Assessee-applicant. Finding no other alternative the Assessee-applicant was compelled to make a payment on 10.2.2011 amounting to Tk. 50,......also Reported in: ......e answered in negative and in favour of the Assessee-applicant. However, there shall be no order as costs. Md. Emdadul Haque Azad J: I agree. Ed. This Case is also Reported in: ..Category: Fiscal/Taxation Law | Date: 24 Jul, 2014 | Hits: 0
J.S.M. Glass Industries Limited Vs. Deputy Commissioner of Taxes, 2014, 43 CLC (HCD)
.... of section 52 of the Income Tax Ordinance 1984 though can be interpreted as has included the gas bills on the plea that the Titas Gas (T&D) Co. Ltd., is supplying the goods to the consumer or in alternative the consumer is getting ‘gas supply’ upon ‘execution of a contract&rsq......ourt High Court Division (Special Original Jurisdiction) Present: AFM Abdur Rahman J Md. Emdadul Haque Azad J J.S.M. Glass Industries Limited, represented by its Director, Dilkusha Centre, 28, Dilkusha (18th floor) Suit No-1803, Dhaka-1000………&hell......at their end, supplied by the Assessee-writ petitioner. However, there shall be no order as to cost. Md. Emdadul Haque Azad, J: I agree. Ed. This Case is also Reported in: ..Category: Fiscal/Taxation Law | Date: 23 Jul, 2014 | Hits: 0
....a foreign language, unless otherwise directed by a tribunal, this must be accompanied by an officially certified English translation.
21. Arbitration is public policy as in law it can be said to alternative dispute resolution which has been accepted whole over the World. When agreement having a...... (2010) 330
......hall grant a stay unless satisfied that the arbitration agreement is null and void, inoperative, or incapable of being performed".
It should first be remembered that the nature of the remedy is a stay and not a compulsory reference to arbitration. This distinction is import..
Category: Arbitration Law, Civil Law, Procedural Law | Date: 28 May, 2014 | Hits: 7
Md. Abul Bashar Vs. Government of Bangladesh, 2014, 43 CLC (HCD)
....l effect. The order of stay granted earlier is hereby vacated. There would, however, be no order as to cost. Md. Badruzzaman J. - I agree Ed. This Case is also Reported in: ......angladessh & others, 51 DLR 261; Fazlur Rahman Vs.Bangladesh & others, 4 BLC 526; Saiful Islam (Md.) Vs. Bangladesh & others 66 DLR 310; Associated Provincial Picture House Vs.Wednesbury Corp (1948) 1 KB 223; Roncarelli Vs. Duplessis 16 DLR (2d) 689. Lawyers Involved: Khurshid ......ince. The Court went further to say: [This] is an outstandingly clear example of the abuse of executive power; this case illustrates the personal liability of ministers and possibility of a remedy in damage for maladministration. 25. Reasonableness, in the Wednesbury sense, requires t..Category: Administrative Law, Constitutional Law | Date: 4 May, 2014 | Hits: 5
....ion in that respect.
In view of the above, we find no merit in the leave petition.
Accordingly, the same is dismissed.
Ed.
This Case is also Reported in: 20 BLC (AD) (2015) 138.
......38.
......n to Shamim Ara Begum, who is more than 4(four) years junior to the writ-petitioner, again by superseding him. In the circumstances, the writ-petitioner finding no other equally efficacious remedy provided by law filed the writ petition and obtained the Rule Nisi.
5. Writ-Respondent N..
Category: Employment/Service Law | Date: 4 May, 2014 | Hits: 7
Ayub Hossain Khan (Md.) Vs. Bangladesh and others, 2014, 43 CLC (AD)
....the learned Advocate and his client resorted to clear fraud upon the Court for which they deserve to be reprimanded. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 215. ......b Hossain Khan (Md.)................................Petitioner [In both the cases] Vs. Bangladesh and others (In Civil Petition 1901 of 2011) Human Rights and peace for Bangladesh [In Civil Petition 1902 of 2011]……..Respondent Judgment May 4,......ted upon, is binding notwithstanding the absence of consideration" and thus the fullest effect of "equitable" or "promissory" estoppel surfaced as a quasi equitable remedy, about which Lord Pearson stated, " Promissory estoppel was far removed from famili..Category: Civil Law, Property Law | Date: 4 May, 2014 | Hits: 20
Pubali Bank Limited Vs. Commissioner of Taxes, 2014, 43 CLC (HCD)
....making deduction on the cumulative amount of advance irrespective of the good and bad loan to the extent of 3% of the sum of the cumulative amount can be deducted under the provision of law or in the alternative the law provided that the amount of actual provision for such bad and doubtful debt with......ection 161(2) of the Income Tax Ordinance, 1984. S. H. Md. Nurul Huda Jaigirdar J: I agree. This Case is also Reported in: ......ngladesh, is directed to take necessary steps under Section 161(2) of the Income Tax Ordinance, 1984. S. H. Md. Nurul Huda Jaigirdar J: I agree. This Case is also Reported in: ..Category: Fiscal/Taxation Law | Date: 27 Apr, 2014 | Hits: 6
AZM Tajul Islam vs. Government of Bangladesh and others, 2014, 43 CLC (HCD)
....before the Administrative Tribunal is not efficacious or that under the particular facts and circumstances of the cases the writ petition can be entertained, notwithstanding availability of alternative remedy before the Tribunal. 41. Relying on the same principle, the Appellate Divisi......desh, VIII ADC 787; Matiur Rahman Vs. Bangladesh, 50 DLR 357; AKM Kawser Ahmed Vs. Bangladesh, 65 DLR 37. Lawyers Involved: Salauddin Dolon and Md. Mohammad Sherajul Monir, Advocates—For the Petitioner. MK Rahman, Additional Attorney-General, Biswojit Roy, Deputy Attorney-Genera.......strike down any law or rule on the ground of its constitutionality. A person in the service of the Republic who intends to invoke fundamental rights for challenging the vires of a law will seek this remedy under Article 102(1), but in all other cases he will be required to seek remedy under Article..Category: Administrative Law | Date: 3 Apr, 2014 | Hits: 6
Bibi Joynab Begum Chowdhury and others Vs. Osi Mia alias Osi Mia Sawdagar, 2014, 43 CLC (AD)
.... the suit land in his favour and defendant No. 1 refused to do so. Hence, the plaintiff was compelled to file the suit praying for declaration of title and recovery of possession and in the alternative for partition and also for declaration that the deeds of sale dated 2-3-1970 and 21......ellip;……..................Petitioners Vs. Osi Mia alias Osi Mia Sawdagar....................Respondents Judgment March 9, 2014. Result: The civil petition for leave to appeal is dismissed. To prove the possession Plaintiff did not have any posses......nd fact do not call for interference. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 190. ..Category: Property Law | Date: 19 Mar, 2014 | Hits: 15
....served a notice upon the respondents demanding justice through her engaged Advocate requesting them to withdraw /rescind the office orders dated 18-4-2011 but in vain. Having no other efficacious and alternative remedy available to the petitioner, she filed this application before this Division chal.................Respondents
Judgment
March 13, 2014.
Result:
The Rule is made absolute
Constitution of Bangladesh, 1972; Article 102(2)
The nature of order stopping salary, allowances and keeping off the indicted employee from duty is unheard of and ......ice upon the respondents demanding justice through her engaged Advocate requesting them to withdraw /rescind the office orders dated 18-4-2011 but in vain. Having no other efficacious and alternative remedy available to the petitioner, she filed this application before this Division challenging the ..
Category: Constitutional Law, Employment/Service Law | Date: 13 Mar, 2014 | Hits: 6
Hafiz Ahmed Mazumder Vs. Pubali Bank Limited, 2014, 43 CLC (HCD)
....he case of finding any ambiguity in relation to the legal position regarding holding of 2% shares, this court may direct the BSEC to issue a fresh notification to clarify the position further. In the alternative, he continues, that if this court finds a case to interfere with the current board of th......nk Limited................................Respondents Judgment February 25, 2014 Result: The petition is dismissed. Case Referred To- Md. Mazakat Harun & Ors. Vs. Export Import Bank of Bangladesh Ltd. 32 BLD (AD) (2012) 115. Lawyers Involved: Sheikh Fazle ......me of admission of this petition is hereby vacated. The parties will bear their respective cost. This Case is also Reported in: 66 DLR (HCD) (2014) 234 ..Category: Banking Law, Corporate Law | Date: 25 Feb, 2014 | Hits: 9
Moklesur Rahman (Md.) and another Vs. Government of Bangladesh and others, 2014, CLC (AD)
....on while issuing the Rule, may be set-aside; the Rule may be restored to its file and number and the writ petition may be sent back on remand to the High Court Division for hearing on merit or in the alternative, the writ petition may be disposed of finally by this Court invoking the power vested in......p; February 24, 2014. Result: The leave petition is disposed of. Lawyers Involved: Abdul Wadud Bhuiyan, Senior Advocate instructed by Nurul Islam Bhuiyan, Advocate-on-Record—For the Petitioners. Ha......hereinbefore. The Artha Rin execution case in question (No.560 of 2004) shall stand satisfied accordingly. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 207. ..Category: Others | Date: 24 Feb, 2014 | Hits: 15
....e High Court Division.
The petition for Leave to Appeal is disposed of with the above observations and guidelines.
Ed.
This Case is also Reported in: 66 DLR (AD) (2014) 92.
......;……………Petitioner
Vs.
Dr. Khandaker Mosharraf Hossain and another.........Respondents
Judgment
February 24, 2014.
Result:
The petition for Leave to Appeal is disposed of.
The Code of Criminal Procedure, 1898 (V of 1898); secti......elevant papers before it. Converting the High Court Division into a Magistrate's Court is least desired……………..(14)
Pre-arrest bail is an extraordinary remedy, an exception to the general law of bail, can be granted only in extra-ordinary and exception..
Category: Anti-Corruption Laws, Criminal Law, Procedural Law | Date: 24 Feb, 2014 | Hits: 52
S.N. Kabir Vs. Fatema Begum and others, 2014, 43 CLC (AD)
...., we do not find any substance in these civil petitions for leave to appeal. Accordingly, both the petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 193. ...... The preamble cannot be used to control the enactments themselves where they are expressed in clear and unambiguous terms. The aid of preamble can only be taken when the meanings of the words to be interpreted are not clear and unambiguous. The words 'immoveable property' o......e statute, but its preamble, the existing state of the law, other statutes in pari materia, and the mischief which I can, by those and other legitimate means, discern that the statute was intended to remedy." On the one hand, the proposition can be accepted that ".......it is a settle..Category: Property Law | Date: 16 Feb, 2014 | Hits: 19
Durnity Daman Commission Vs. Jesmin Islam and another, 2014, 43 CLC (AD)
....patory bail. The impugned judgment is set-aside. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 1. ...... another…………….................Respondents Judgment February 10, 2014. Result: The petition is disposed of. Anticipatory Bail or Pre-arrest Bail is an extra-ordinary remedy and an exception to the general rule of bail......................Respondents Judgment February 10, 2014. Result: The petition is disposed of. Anticipatory Bail or Pre-arrest Bail is an extra-ordinary remedy and an exception to the general rule of bail which can be granted only in extra-ordinary and ..Category: Criminal Law | Date: 10 Feb, 2014 | Hits: 4
Durnity Daman Commission Vs. Durnity Daman Commission, 2014, 43 CLC (AD)
....used-respondent on anticipatory bail. The impugned judgment is set-aside. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 1 ......slam and another…………................Respondents Judgment February 10, 2014. Result: This petition is disposed of. Anticipatory Bail is an extra-ordinary remedy and an exception to the general rule of bail which can be grant......p;……................Respondents Judgment February 10, 2014. Result: This petition is disposed of. Anticipatory Bail is an extra-ordinary remedy and an exception to the general rule of bail which can be granted only in extra-ordinary and ..Category: Criminal Law | Date: 10 Feb, 2014 | Hits: 4
Loreeto Vs. Nasreen Sobhan and another, 2014, 43 CLC (AD)
....he decree are hereby expunged. The appeal is disposed of with the above expunction without, however, any order as to costs. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 111. ......Court Appellate Division (Civil) Present: Appellate Division (Civil) Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Syed Mahmud Hossain J Md. Imman Ali J Loreeto……………........................Appellant Vs. Nasree......ousand' have been substituted for the words 'one thousand by the Code of Civil Procedure (Third Amendment) Act, 2003. What we find from a plain reading of this section is that it is a summary remedy for getting compensation where a temporary injunction or an order of arrest or an order of at..Category: Civil Law | Date: 3 Feb, 2014 | Hits: 14
Abdul Quader Mollah Vs. Chief Prosecutor, International Crimes, Tribunal, Dhaka, 2013, 42 CLC (AD)
....rt; and when the provision is plain, unambiguous and does not give rise to any doubt as to its meaning. It has been observed in Chief Justice of AP Vs. LVA Dikshitulu, AIR 1979 SC 193, that where two alternative constructions are possible, the Court must choose the one which would be in accord with ...... AHM Shamsuddin Choudhury J Abdul Quader Mollah .....................Petitioner (In both the cases) Vs. Chief Prosecutor, International Crimes, Tribunal, Dhaka...........Respondent (In both the cases) Judgment&nbs......ivision, in the absence of any provision for review in the Act XIX of 1973. It is contended that against a conviction or sentence or an order of acquittal or inadequacy of sentence, there is only one remedy of appeal available to a convicted person and the Government and the informant and the c..Category: International Crimes Tribunal Law | Date: 12 Dec, 2013 | Hits: 15
Abdul Momen Bhuiyan and others Vs. District Judge, Dhaka and others, 2013, 42 CLC (AD)
....petitioners, submits that the High Court Division erroneously came to the finding that a revisional application lies against the order impugned before the High Court Division and that availability of alternative remedy by way of revision will not stand in the way of invoking writ jurisdiction raisin......ers ................Respondents Judgment November 17, 2013. Result: The petition is disposed of with the observation. Cases Referred to- MA Hye Vs. Trading Corporation of Bangladesh, 40 DLR (AD) 206; Ganyson Ltd. Vs. Sonali Bank, 37 DLR (AD) 42; AFM Nazirud...... submits that the High Court Division erroneously came to the finding that a revisional application lies against the order impugned before the High Court Division and that availability of alternative remedy by way of revision will not stand in the way of invoking writ jurisdiction raising purely a q..Category: Civil Law | Date: 17 Nov, 2013 | Hits: 17
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