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Sarker and other Vs. Md. Nasibuddin and others, 2015, 44 CLC (AD)
....eous Case No. 34 of 1985. 2. The relevant facts, for disposal of this petition, in short, are that the respondents as pre-emptors instituted the aforesaid Miscellaneous Case for getting the land under dispute by way of pre-emption under section 96 of the State Acquisition and Tenancy Act s......also Reported in: 20 BLC (AD) (2015) 210. ...... of 1986 reversing those dated 29-5-1986 passed by the learned Assistant Judge, Pirgonj in Miscellaneous Case No. 34 of 1985. 2. The relevant facts, for disposal of this petition, in short, are that the respondents as pre-emptors instituted the aforesaid Miscellaneous Case for getting the ......, 2015. Result: The leave petition is dismissed. Lawyers Involved: Qumrunnessa Ratna, Advocate, instructed by Nurul Islam Bhuiya, Advocate-on-Record—For the Petitioners. Kliurshid Alam Khan, Advocate, instructed by Gias Uddin Ahmed, A..Category: Civil Law, Tenancy Law | Date: 1 Mar, 2015 | Hits: 24
Ramjan Ali Tarafder (Md.) Vs. Bangladesh and others, 2015, 44 CLC (HCD)
....ing to the Rule, in short is that the petitioner availed credit facilities of Taka 2 lakh from the respondent No. 2 Rupali Bank Limited, Khalishpur Khulna. The petitioner owned and possessed the same land which was mortgaged in favour of the respondent bank in order to secure the credit facilities. ...... This Case is also Reported in: 67 DLR (HCD) (2015) 245. ......auction sale of the property mortgaged by any borrower. It is a precondition for filing a suit. Even if a suit is filed in violation of the said provision without going for such auction as aforesaid that shall have to be regularized in terms of section 12(2) of the Ain. The submission of the petitio......sp; Result: The Rule is discharged. Artha Rin Adalat Ain (VIII of 2003); Sections 12 & 33(2) The compliance of provision of section 33(2) of Ain for the purpose of section 12 of the Ain even when read with subsection 4, is not at all mandato..Category: Banking Law | Date: 22 Feb, 2015 | Hits: 7
....tions made hereinbefore. We make it very clear that the Registrar himself shall hear and dispose of the matter.
Ed.
This Case is also Reported in: 20 BLC (AD) (2015) 213.
...........Respondents
Judgment
February 9, 2015
Result:
The petition is disposed of.
Question of law of substantial importance
Question raised before this Court was not raised either before the Assistant Registrar or before the High Court Division, but it being ......ainst the judgment and order dated 23-1-2011 passed by the High Court Division in Trade Mark Appeal No. 3 of 2009 dismissing the same.
2. Short facts necessary for disposal of this petition are that one Raj Kumar Agarwala, an Indian national,filed Trade Mark Application No. 51......igns and Trade Marks and
another................Respondents
Judgment
February 9, 2015
Result:
The petition is disposed of.
Question of law of substantial importance
Question raised before this Court was not raised either before the Assistant Registrar ..
Category: Intellectual Property Law | Date: 9 Feb, 2015 | Hits: 20
Jahirul Haque and another Vs. State, 2015, 44 CLC (AD)
....tioners is reduced to the period already undergone by them. The respondent is directed to release them from the custody at once. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 109. ...... This Case is also Reported in: 20 BLC (AD) (2015) 109. ......ent for 10(ten) years and pay a fine of Taka 1,000 in default to suffer rigorous imprisonment for 6(six) months more. 3. The relevant facts, for the disposal of the petition, in short, are that at about 3-00 pm on 18-4-2001 P.W.4 Nurjahan left Dhaka for Burichang along with her elder son, ...... January 19, 2015. Result: The petition is dismissed. Lawyers Involved: Md. Khurshid Khan, Advocate instructed by Md. Zahirul Islam, Advocate-on-Record—For the Petitioners. Biswajit Deb Nath, Deputy Attorney-General (appeared with the le..Category: Criminal Law | Date: 19 Jan, 2015 | Hits: 5
....9. Accordingly the application praying for review is allowed.
However, there shall be no order as to cost.
Md. Emdadul Haque Azad, J: I agree.
Ed.
This Case is also Reported in:
......a, a contribution to a recognized provident fund. But the provision of rule 33(2) (ii) of the Income Tax Rule 1984 while provides for valuation of perquisite excluded the same from the definition of basic salary. But that does not mean that contribution to recognized provident fund has been included......to a recognized provident fund. But the provision of rule 33(2) (ii) of the Income Tax Rule 1984 while provides for valuation of perquisite excluded the same from the definition of basic salary. But that does not mean that contribution to recognized provident fund has been included in the definition......eme Court
High Court Division
(Special Original Jurisdiction)
Present:
AFM Abdur Rahman J
Md. Emdadul Haque Azad J
One Bank Limited, represented by its Managing Director: Mr. M. Fakhrul Alam, HRC. Bhaban, 46, Kawran Bazar, Dhaka, Bangladesh.............................
Category: Fiscal/Taxation Law | Date: 14 Dec, 2014 | Hits: 0
....ed Bangladesh, Chandpur branch). Against the said sanction advice the plaintiff, as guarantor of the loan, mortgaged the (Ka) scheduled property owned by him "comprising of 0.31 decimals of land and structures constructed thereon situated in Chandpur district by executing and registering a......rt
High Court Division
(Civil Appellate Jurisdiction)
Present:
AKM Abdul Hakim J
Zafar Ahmed J
A Hakim Gazi and others .........Plaintiff Appellants
Vs.
Md. Nasiruddin, Assistant Vice President/Manager and others......Defendant-Respondents
Judgment
......tions—
Section 129 of the Contract Act, 1872 defines continuing guarantee as a "guarantee which extends to the series of transactions". Section 133 of the same Act also provides that"any variance made without the surety's consent, in the terms of the contract betwe......ce President/Manager and others......Defendant-Respondents
Judgment
December 11, 2014.
Result:
First Miscellaneous Appeal is disposed of.
Civil Rule No. 647(FM) of 2012 is accordingly disposed of.
Bank’s Legal Power to Deal with Mortgaged Property—
Bank..
Category: Constitutional Law, Contract Law | Date: 11 Dec, 2014 | Hits: 8
Ferdous Ara Zainul Vs. Mahmuda Khatun and others, 2014, 43 CLC (HCD)
....e been filed to resist the present Rule. One is by Rajdhani Unnayan Kartripakkha (RAJUK), who are opposite party Nos. 5-6, and another one is by opposite party No. 7, who is the purchaser of the suit land from the allottee of the plot in question. It is contended in the counter-affidavit filed by op......l.............................Petitioner Vs. Mahmuda Khatun and others..............Opposite Parties Judgment December 11, 2014. Result: The Rule is made absolute. Case Referred to- Salauddin Vs. MA Hai 63 DLR (AD) 138; Burmah Eastern Ltd Vs. Burmah Eastern em......bsp; Ferdous Ara Zainul.............................Petitioner Vs. Mahmuda Khatun and others..............Opposite Parties Judgment December 11, 2014. Result: ......DLR 709; Abdul Jalil Vs. Islami Bank Bangladesh Ltd., 53 DLR (AD) 12 and Rasheda Begum Vs. Nurussafa, 2004 BLD (AD) 223 = 9 BLC (AD) 223. Lawyers Involved: Md. Rezaul Islam, Advocate—For the Petitioner. Akhtar Imam with Rashna Imam and Reshad Imam, Advocates—For Opposite P..Category: Civil Law, Procedural Law | Date: 11 Dec, 2014 | Hits: 19
....the Rules, is not a privilege but it is a right to carry out their business and that right cannot be curtailed or throttled on a mere cause shown.
The Constitution is the supreme law of the land, and the trainers of the same in their wisdom have made some provisions protecting the rig......there is no requirement for sitting in written and viva voice examination....... (8)
Since the petitioners did not get reference license in time by the action of respondent No. 6, the same has caused serious hamper and disruption in carrying out the business of the petitioners resulti......36 and 40 of the Constitution....... (9)
C & F license granted to the petitioners under Rules 5 and 6 of the Rules, is not a privilege but it is a right to carry out their business and that right cannot be curtailed or throttled on a mere cause shown.
The Constitution is the supre......... Respondents
Judgment
December 8, 2014
Result:
The Rule Nisi is made absolute.
Constitution of Bangladesh, 1972; Articles 27, 31, 36 & 40
Any kind of obstruction or impediment, which affects the business/trade/occupation of the petitioners in any way is, of cour..
Category: Constitutional Law, Fiscal/Taxation Law | Date: 8 Dec, 2014 | Hits: 3
Sonali Bank Limited Vs. UT Garments Limited and others, 2014, 43 CLC (HCD)
....erations can have little weight in interpreting statues. But even otherwise, this view of the matter does not support the argument. After the issue of a notification under section 4, an owner of land in the locality notified cannot have full beneficial enjoyment of his property; he ca...... also Reported in: 67 DLR (HCD) (2015) 265. ......hy;dant Nos. 3 and 5 from the Artha Jaria Case which crept up from Artha Rin Case No. 263 of 2004. 2. Sonali Bank Limited filed the aforesaid suit for decree of Taka 3, 91, and 05,805/28 and in that suit, originally i.e. the Company as well as Managing Director was made party. The suit was decr......ee.... (18) Artha Rin Adalat shall follow and apply the Code as a Civil Court in exercising its jurisdiction, powers and functions while adjudicating any dispute between the parties before it including execution of its decree insofar as it is not inconsistent with the provisions of se..Category: Banking Law | Date: 4 Dec, 2014 | Hits: 4
....s the custodian of the Constitution and protector of the Rule of law. In the present legal jurisprudence, he submits, "Contempt of Court" is nowhere defined in any statutes of the land. However, in the case of Moazzem Hossain Vs. State, 35 DLR (AD) 290, 293, Fazle Munim, CJ (as h......d.
This Case is also Reported in: 67 DLR (HCD) (2015) 225
......of law to sustain in this country, by awarding appropriate punishment to the offenders, without discrimination as well as letting all concerned to hear the voice of this Court and to understand that the age old proverb that the hands of this court is long enough to reach any offender…&he......t with record, for ready reference, if so required.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 225
..
Category: Constitutional Law, Contempt of Court Law | Date: 4 Dec, 2014 | Hits: 10
A Kader Zilani (Md.) Vs. State and another, 2014, 43 CLC (HCD)
....oms House had received the said goods. He had appointed M/s Jyoti International, a clearing and forwarding agent (hereinafter referred to as the C & F) to release the said goods from the Benapole land port who submitted bill of entry and other papers on 17-10-2005 and got the release order of th......on and necessary action. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 130 ......de known when Misappropriation by a Public Servant— Mere failure to return back any property from the legal custody of a public servant is not misappropriation unless and until it reveals that he had a intention to misappropriate the same for his personal gain...... (51) Time Limit f......mdash; Mere failure to return back any property from the legal custody of a public servant is not misappropriation unless and until it reveals that he had a intention to misappropriate the same for his personal gain...... (51) Time Limit for The Investigation of the Case is Simply Director..Category: Anti-Corruption Laws | Date: 3 Dec, 2014 | Hits: 11
Molina Rani and others Vs. Gopal Goyala and another, 2014, 43 CLC (AD)
....ntiff filed Other Class Suit No.151 of 1992 in the Court of Senior Assistant Judge, Sadar, Mymensingh, praying for specific performance of contract alleging, that her husband taking lease of the suit land from the admitted owner defendant No. 1, used to possess the same by installing Rice Mills, Flo......e contradicting the contents of a written instrument is not admissible.......(15) Lawyers Involved: Shameem Khaled Ahmed, Advocate, instructed by Md Zahirul Islam, Advocate-on-Record—For Appellants. Abdul Hoq, Advocate, instructed by, Md. Nawab Ali Advocate-on-Record—...... the judgment and order dated 15-6-2002 passed by a Single Bench, of the High Court Division in Civil Revision No. 5450 of 1998 making the Rule absolute. 2. The facts of the case, in brief, are that the respondent No. 1 as plaintiff filed Other Class Suit No.151 of 1992 in the Court of Senior A...... Vs. Gopal Goyala and another…………… ...................Respondents Judgment November 20, 2014 Result: The appeal is dismissed. The oral and extraneous evidence contradicting the contents of a written instrument is not admissib..Category: Civil Law, Evidence Law | Date: 20 Nov, 2014 | Hits: 6
Meer Ramij Uddin Vs. Meer Judge Meah and others, 2014, 43 CLC (AD)
..... 3. Facts of the case, in brief, are that the respondent Nos.1 and 2 as plaintiffs filed Partition Suit No. 602 of 1985 in the Court of Subordinate Judge, Kishoregonj, for partition of the suit land described in the schedule to the plaint alleging, inter alia, that the suit land as mentioned i......14 Result: The instant civil petition for leave to appeal is dismissed. Suit Allotting Saham—The documents, which were admittedly produced before the lower appellate Court, have not be...... which were admittedly produced before the lower appellate Court, have not been considered by the High Court Division as the appellant failed to show relevancy of those documents. We are of the view that even now those documents may be considered by the trial Court to see whether the documents refer......sp; November 20, 2014 Result: The instant civil petition for leave to appeal is dismissed. Suit Allotting Saham—The documents, which were admi..Category: Property Law | Date: 20 Nov, 2014 | Hits: 5
Ruhul Amin (Md.) and oth¬ers Vs. Mustafizur Rahman and others, 2014, 43 CLC (HCD)
....d others........Plaintiff-Respondent-Opposite Parties Judgment November 16, 2014. Result: The Rule is made absolute. Boundary Specification— The description of the land must be specific with its boundary and if it is found that the land described in the sched...... Vs. Mustafizur Rahman and others........Plaintiff-Respondent-Opposite Parties Judgment November 16, 2014. Result: The Rule is made absolute. Boundary Specification— The description of the land must be specific with its boundary and if it is found tha......nt November 16, 2014. Result: The Rule is made absolute. Boundary Specification— The description of the land must be specific with its boundary and if it is found that the land described in the schedule of the plaint suffers from any vagueness or unspecificat...... Specification— The description of the land must be specific with its boundary and if it is found that the land described in the schedule of the plaint suffers from any vagueness or unspecification the plaintiff must suffer.....(15) Credible Evidence— The plainti..Category: Civil Law, Property Law | Date: 16 Nov, 2014 | Hits: 10
....se three Income Tax Reference Applications are allowed.
However, there shall be no order as to cost.
Md. Emdadul Haque Azad, J: I agree.
Ed.
This Case is also Reported in:
....................................Respondent.
Judgment
November 10, 2014
Result:
All the questions formulated for determination are answered in the negative and in favour of assessee.
Questions formulated for determination:
In Income Tax Reference Application No.......(2)/29(1) (xxvii)/30A/30(e)/2(45)/83(1)/83(2) read with Rule 33 of the Income Tax Ordinance 1984 instead of deleting the disallowances was justified in maintaining by setting aside the disallowances that had made without specifying, in particular, the quantum of excess perquisite paid to each of the......eme Court
High Court Division
(Special Original Jurisdiction)
Present:
AFM Abdur Rahman J
Md. Emdadul Haque Azad J
One Bank Limited, represented by its Managing Director: Mr. M. Fakhrul Alam, H.R.C. Bhaban, 46, Karwan Bazar, Dhaka, Bangladesh...........................
Category: Fiscal/Taxation Law | Date: 10 Nov, 2014 | Hits: 3
Shawkat Hossain (Md.) and another Vs. Golam Mohammad and another, 2014, 43 CLC (HCD)
.... file the suit. 3. The defendant Nos. 1 and 2 contested the suit by filling written statement denying the alleged bainanama. Their case is that the defendant No.1 purchased 0.0168 ajutangsa land from Shahana Bibi by a registered kabala dated 10-4-1984 and subsequently he transferred that l......tted signatures of the defendant No.1 by a hand writing expert and for this purpose the suit should be sent back on remand to the appellate Court below................................ (14) Case Referred to- Tarak Chandra Majhi vs Atahar Ali, 8 BLC (AD) 67. Lawyers Involved: ......spondent No.1, as plaintiff, instituted the above mentioned Title Suit No.91 of 1992 for specific performance of contract against the present appellants. The plaintiff's case, in short, was that the defendant No. 1 being owner and in possession of the suit property as described in sche......r........................Respondents Judgment September 20, 2014 Result: The appeal be allowed. When Court obtains expert's opinion Where other evidence produced before Court are sufficient to prove the genuineness of any disputed signature or document the Court ma..Category: Evidence Law, Property Law | Date: 20 Sep, 2014 | Hits: 10
Intekhab Ahmed Khan Vs. Sabbir Ahmed Chowdhury, 2014, 43 CLC (AD)
......................Respondent Judgment September 17, 2014. Result: The appeal is allowed. A tenant is liable to be evicted if he is a defaulter in payment of rent, if the landlord needs the suit premises for bona fide requirement and if the tenant denies the title of the......ted if he is a defaulter in payment of rent, if the landlord needs the suit premises for bona fide requirement and if the tenant denies the title of the landlord........(19) In the instant case though the respondent continues his possession by holding over, he is liable to be evicted ......;sion by holding over, he is liable to be evicted as the appellant needs the suit premises for his bona fide requirement…...........(21) Case Referred to- Siddik Ali Vs. Nurun Nessa Khatun, 43 DLR (AD) 3; 17 DLR 306. Lawyers Involved: Rafique-ul-Huq, Senior Advocate and Mo...................Respondent Judgment September 17, 2014. Result: The appeal is allowed. A tenant is liable to be evicted if he is a defaulter in payment of rent, if the landlord needs the suit premises for bona fide requirement and if the tenant denies the title of the land..Category: Tenancy Law | Date: 17 Sep, 2014 | Hits: 13
Intekhab Ahmed Khan Vs. Sabbir Ahmed Chowdhury, 2014, 43 CLC (AD)
....ptember 17, 2014. Result: The appeal is allowed. A tenant is liable to be evicted under the Premises Rent Control Act (1) if he is a defaulter in payment of rent (II) if the landlord needs the suit premises for bona fide requirement and (III) if the tenant denies the t......in payment of rent (II) if the landlord needs the suit premises for bona fide requirement and (III) if the tenant denies the title of the landlord. Even after expiry of the tenure of lease, the tenancy may continue as tenancy by holding over and the tenant is liable to be evicted only......g over, he is liable to be evicted as the appellant needs the suit premises for his bona fide requirement………….(21) Cases Referred to- Siddik Ali Vs. Nurun Nessa Khatun, 43 DLR (AD) 3. Lawyers Involved: Rafique-ul-Huq, Senior Advocate and. Mohammad Sala......er 17, 2014. Result: The appeal is allowed. A tenant is liable to be evicted under the Premises Rent Control Act (1) if he is a defaulter in payment of rent (II) if the landlord needs the suit premises for bona fide requirement and (III) if the tenant denies the title ..Category: Tenancy Law | Date: 17 Sep, 2014 | Hits: 6
Fidelity Assets and Securities Co. Ltd. Vs. Commissioner of Taxes, 2014, 43 CLC (HCD)
....s), which are held exclusively for personal use by, and are not used for purposes of the business or profession of the assessee or any member of his family dependent on him; and (c) agricultural land in Bangladesh, not being land situated— i. in any area which is comprised within the......d in favour of the Assessee-applicant. Questions formulated for determination: 1. In the above circumstances and on the facts whether the Taxes Appellate Tribunal Division Bench-3, Dhaka, was justified maintaining the disallowances of rent expenditure, audit fee, advertisement expenses an...... Commissioner of Taxes (DCT), in pursuance to the provision of section 35(4) of the Income Tax Ordinance 1984(the Ordinance), is empowers to discard the books of account of an assessee on the ground that (i) no method of accounting has been regularly employed (ii) or if the method employed is such t......isdiction) Present: AFM Abdur Rahman J Md. Emdadul Haque Azad J Fidelity Assets and Securities Co. Ltd., 71, Nitol Centre, Mohakhali, C/A, Dhaka, represented by its Managing Director Mr. Md. Mofiz Uddin Chowdhury.......................Assessee-applicant Vs. The Commissi..Category: Fiscal/Taxation Law | Date: 16 Sep, 2014 | Hits: 0
Onil Kuar Podder and others Vs. Mostafa Unuch, 2014, 43 CLC (HCD)
....no corresponding statutory law governing the field of pre-emption and at that time pre-emption was governed as per provision of Muhammadan Law, pre-emptor be Hindu then also he could preempt the land under the provision of Muhammadan Law but now scenario has been changed and statutory law has c...... is also Reported in: 67 DLR (HCD) (2015) 302 ......Muslim, Particularly to a Hindu— Right of Pre-emption Muhammadans can claim benefit of the law of pre-emption under Muhammadan Law but the Hindu purchaser cannot claim the benefit of that law. In 1885 there was no corresponding statutory law governing the field of pre-empti...... Ashish Ranjan Das J Onil Kuar Podder and others ...........Defendants- Purchaser-Appellants Vs. Mostafa Unuch…………...................Plaintiff-Preemptor- Respondent Judgment September 15, 2014. ..Category: Property Law | Date: 15 Sep, 2014 | Hits: 8
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