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Onil Kuar Podder and others Vs. Mostafa Unuch, 2014, 43 CLC (HCD)
....changed and statutory law has come into operation giving right to all to pre-empt the land if law applies……....... (30) The right of pre-emption comes into existence after a valid, complete and bonafide sale, i.e. after the title has passed to the purchaser, and cannot be exercise......aside. Pre-emption Title Suit No. 47 of 2007 is dismissed. Send down the lower court records at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 302 ..Category: Property Law | Date: 15 Sep, 2014 | Hits: 8
Payer Mohammed Vs. Deputy Commissioner of Taxes and others, 2014, 43 CLC (HCD)
....e Circle-2, Chittagong vide return register acknowledgement slip Nos. 55/2008-2009, 867 2009-2010, 10/2010-2011 dated 22-9-2008, 29-10-2009, 29-9-2010 respectively treating the same correct and complete. Thereafter, the DCT issued notices under section 93 of the Ordinance to the petitioner on ......have been issued without lawful authority and is of no legal effect. Communicate the order at once to the respondent No. 1. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 31. ..Category: Fiscal/Taxation Law | Date: 15 Sep, 2014 | Hits: 9
Asset Developments & Holdings Ltd. vs. Commissioner of Taxes, 2014, 43 CLC (HCD)
....ed with the return, he shall serve a notice under sub-section (1), requiring the assessee to appear either in person of through a representative or produce the evidence that the return is correct and complete. After hearing the person or his representative and/or considering the evidence produced pu......nt, are answered in negative and in favour of the Assessee-applicant. However, there shall be no order as to cost. Md. Emdadul Haque Azad, J: Ed. This Case is also Reported in: ..Category: Fiscal/Taxation Law | Date: 7 Sep, 2014 | Hits: 5
Shah Monzurul Hoque Vs. Commissioner of Taxes, 2014, 43 CLC (HCD)
....ation: Income Tax Ordinance 1984 Section 82BB: Universal Self Assessment-- (1) Subject to sub-section (3), where an assessee, either manually or electronically, furnishes a correct and complete return of income the Deputy commissioner of Taxes shall receive such return himself or caus......section 82BB of the Income Tax Ordinance 1984 in-to-to. 14. However, there shall be no order as to costs. Md. Emdadul Haque Azad, J: I agree. Ed. This Case is also Reported in: ..Category: Fiscal/Taxation Law | Date: 1 Sep, 2014 | Hits: 0
Yunus (Md.) Vs. State & another, 2014, 43 CLC (HCD)
....received bills to the tune of Taka 40, 38,779 and the building was constructed upto the 1 floor. As per terms and conditions of the work order, the contractor along with other accused was supposed to complete the 3(three) storied building within 90 days from the date of work order, but that construc......irman of Harala Union Parishad, and (3) Alhaj Md. Yunus, Contractor stating inter-alia, that during the period from September, 1994 to June 1995, a piece of land measuring 2 acres was acquired at Gachbaria under the order of the then Minister to construct a Sarak Bhaban. The plan for construction of..Category: Criminal Law, Procedural Law | Date: 13 Aug, 2014 | Hits: 8
Md. Abul Bashar Vs. Government of Bangladesh, 2014, 43 CLC (HCD)
....ly, proposal for division may not always be bona fide and sent for collateral purposes. He, therefore, must have scope to set his face and get his voice heard in any form so that Government may get a complete picture of the necessity canvassed and take appropriate decision. 28. In case of divis......unusual and shocking abuse of administrative discretion which not only contributing to slowing down progress but also destroying the key institutions of the State at the same time sending abroad an embarrassing message about us as a nation. It is, therefore, imperative to equip our public functionar..Category: Administrative Law, Constitutional Law | Date: 4 May, 2014 | Hits: 5
Khan Mohammad Ameer Vs. Atiqur Rahman and others, 2014, 43 CLC (HCD)
....fendant further sum of Taka 4,00,000 as stipulated but the plaintiff was willing and ready to pay balance Taka 8,00,000 but the defendants did not pay heed to the same in spite of repeated request to complete the transaction and therefore suite specific performance of contract was filed. The de...... Court Division and Rajuk filed an affidavit-in-opposition in the said writ petition. The plaintiff with ill motive and to grab the suit land filed the instant suit on some false allegations which is barred by law, Hence the same is liable to be dismissed. 5. Defendant No.18, power of attorney ..Category: Civil Law, Procedural Law | Date: 30 Apr, 2014 | Hits: 6
Parul Nath and others Vs. State, 2014, 43 CLC (AD)
.... withdrawn being infructuous………………… (27) It a fit case to exercise the power vested in this Court under article 104 of the Constitution for doing complete justice in the matter by modifying the directions given by the Tribunal, the High Cour......bus; the disputed claims of the mortgagors should be properly verified by auditors, because most of the claims are not genuine and lawfully tenable; proper accounts must be made of all time barred seized gold, as per pawnbroker lending money business, "time limitation" in such bu..Category: Criminal Law, Property Law | Date: 27 Apr, 2014 | Hits: 8
Ibrahim Vs. State, 2014, 43 CLC (HCD)
....dul Hai Sikder Vs. State 43 DLR (AD) 95 held: "Number of witnesses-Conviction of the appellants can safely be based on the solitary evidence of the eye witness P.W. 2. His evidence is full, complete and self-contained. It may not have received corroboration from other witnesses, but i......m be set at liberty if not detained in any other case. The Office is directed to send down the records at once. Ed. This Case is also Reported in: 20 BLC (HCD) (2015) 289 ..Category: Evidence Law, Women and Children | Date: 16 Apr, 2014 | Hits: 17
.... goes, the petitioner entered the job producing all necessary papers including her 'VHI-pass Certificate' issued from a local school. Meanwhile five years of her satisfactory service had been completed. After the question was raised, the Headmaster informed the authority about the genui......mere defect/flaw of his/her academic records, not detected at the entry stage or soon thereafter, should not be the ground for her removal. ........... (15)
Lawyers Involved:
Zahirul Alam Babar, Advocate—For the Petitioner.
Writ Petition No.7911 of 2012.
Judgment
Md. B..
Category: Constitutional Law, Employment/Service Law | Date: 13 Mar, 2014 | Hits: 6
Hafiz Ahmed Mazumder Vs. Pubali Bank Limited, 2014, 43 CLC (HCD)
.... instant petitioners do not fulfill the aforesaid criteria of the SEC Notification dated 7-8-2012 for independent directors. Hence, the petitioners cannot be called independent/nominated directors in complete contravention of the said Notification; that in the Judgment and Order dated 6-5-2013 deliv......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
Ruksana Huq and oth¬ers Vs. AK Faizul Huq (Raju) and others, 2014, 43 CLC (AD)
....ined and also to add any persons-either as plaintiff or defendant-who ought to have been joined whether as plaintiff or defendant or whose presence before the Court may be necessary for effectual and complete adjudication of the matter. Exercising this very power the Courts can make transpositi...... process of Court. 11. However, we find no merit in this Civil Petition for Leave to Appeal and hence it is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 240. ..Category: Civil Law, Procedural Law | Date: 25 Feb, 2014 | Hits: 4
Moklesur Rahman (Md.) and another Vs. Government of Bangladesh and others, 2014, CLC (AD)
....h 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 it under article 104 of the Constitution for doing complete justice in a case. 14. Mr. Harun-or-Rashid, learned Advocate, entering caveat on behal......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
Selim Hossain (Md.) Vs. Shahabuddin Ahmed and others, 2014, 43 CLC (AD)
.... without reviving the miscellaneous case (16 of 1989), the same may be disposed of finally by this Court invoking the power vested with this Court under article 104 of the Constitution in order to do complete justice and in support of his submission, he has referred to the case of M/s Gannysons Limi......t-petitioner without creating any hindrance or obstacle and the executing Court shall pass necessary order in that respect. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 115. ..Category: Civil Law | Date: 3 Feb, 2014 | Hits: 6
Lakshmi Bala Sen and others Vs. Tarun Tapan Dutta @ Tapan Kumar Dutta and others, 2014, 43 CLC (AD)
....p;…………(19) The condition giving right of repurchase survived when President's Order No.88 of 1972 came into effect and, as such, the sale in the case had become a complete usufructuary mortgage within the meaning of section 95A of the Act…......(21) C......he matter, we do not find any substance in this appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 162. ..Category: Tenancy Law | Date: 30 Jan, 2014 | Hits: 15
Md. Shafayet Hossain Rana Vs. State and Md. Syed Rejaul Karim Salim, 2014, 43 CLC (HCD)
....rawer on the cheque as found by the High Court Division while interpreting the meaning of the abbreviation “etc” used in the heading of section 138, the offence under the section shall be complete and in that case the payee shall have the liberty to file a petition of complaint before th......etween crossed cheque “account payee” or cheque of other kind such as ‘bearer cheque’ as we ordinarily mean. Thus, we find that section 123A of the Act, in no way, creates any bar in proceeding with a case under section 138 of the Act, 1881.” 11. It appears from..Category: Civil Law | Date: 21 Jan, 2014 | Hits: 111
Abdul Quader Mollah Vs. Chief Prosecutor, International Crimes, Tribunal, Dhaka, 2013, 42 CLC (AD)
.... Mr. Razzaq submits that even if it is assumed that there is no provision under the Act or the Rules to file a review petition from the judgment of this Division, it can review its judgment for doing complete justice under Article 104 of the Constitution, and in appropriate cases, in order to meet t......the legality of the proceedings on any of the grounds contained in Articles 26, 27, 28, 31, 35, 44 by resorting to Article 102 or other provisions of the Constitution. Sub-clause (2) of Article 47A debars an accused person who is being prosecuted or punished under the Act of 1973 to move the High Co..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)
.... 22. In several cases including the cases of Ganyson Ltd. Vs. Sonali Bank 37 DLR (AD) 42 and AFM Naziruddin Vs. Hameeda Banu 45 DLR (AD) 38, this Division previously exercised the power of doing complete justice under 104 of the Constitution. The subject matter of the instant case represents an......h is a civil revision under section 115(1) of the Code of Civil Procedure and that Article 27(10) of PO 7 of 1973 providing for appeal against the disposal order-cum-decree cannot be taken as implied bar within the meaning of section 9 of the Code of Civil Procedure for the purpose of invoking revis..Category: Civil Law | Date: 17 Nov, 2013 | Hits: 17
Ahmed Lal Mia Vs. State and another, 2013, 42 CLC (AD)
....plaint and much after the cheque was dishonoured. The moment, the cheque was dishonoured with the endorsement "payment stopped by drawer", the offence under section 138 of the Act, 1881 was complete, but the cause of action to file the petition of complaint arose after the accused had fail......ove, no interference is called for with the impugned judgment and order. The leave petition is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 204. ..Category: Criminal Law | Date: 3 Oct, 2013 | Hits: 5
Government of Bangladesh Vs. Md. Abdul Maleque Miah and 7 anothers, 2013, 42 CLC (AD)
.... the Administrative Tribunal Act, 1980 ought to be interpreted in such a manner that the Act is consistent with the constitutional provisions and legislative intent and may provide for complete and self-sufficient remedy to the affected parties. 23. We are of the opinion that the......nt Nos. 17, 44> 63 and 92 contested the Administrative Tribunal Case by filing two separate written statements denying all the material allegations made in the application stating that the case is barred by limitation and defect of parties and, as such, not maintainable in the eye of law; that as..Category: Administrative Law, Constitutional Law | Date: 17 Sep, 2013 | Hits: 3
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