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S.M. Humayun Kabir Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....not maintainable. 7. Countering the said proposition Mr. Imam submits that it is the settled principle of law that notwithstanding the ouster of jurisdiction of the High Court Division by any legislative provision or even under Article 102 itself, this Hon’ble Court is yet entitled to exe......ion on the issue of the petitioner (Annexure-L). Vide letter dated 28.02.2008 the Ministry of Establishment stated, inter alia, that the appointing authority in its discretion could take any decision in this regard i.e., it could either accept the resignation or accept the withdrawal of re..Category: Employment/Service Law | Date: 15 May, 2011 | Hits: 22
Md. Abul Hashem Vs. State, 2011, 40 CLC (HCD)
....nted with any other case. Send down the lower Court records at once. Md. Rezaul Hasan J.- I agree. Ed. This Case is also Reported in: 16 BLC (2011) 699, 31 BLD (HCD) (2011) 427. ......ed as of no evidence. Further she submits that the apex court of this country has formulated some categories of cases where the High Court should interfere to quash the criminal proceeding and in the decision passed in the case of Abdul Quader Chowdhury and others Vs. The State, reported in 28 DLR (..Category: Women and Children | Date: 15 May, 2011 | Hits: 95
....e are state recognized advisory boards comprising ‘Muftis’ to issue fatwas regarding various legal issues relating to Muslim Law, in Bangladesh the Government does not delegate any of its legislative, executive or judicial power to any such bodies.
208. In Bangladesh, we do not have......aid provision. In the process, he unknowingly made another history. He suo moto declared the concerned provision of the Judiciary Act ultra vires the Constitution. This is possibly the first suo moto decision made by a superior Court more than two hundred years ago.
These could be made possible..
Category: Civil Law | Date: 12 May, 2011 | Hits: 34
Rupali Bank Ltd. Vs. Sree Babu Jiban Kumer Shaha, 2011, 40 CLC (HCD)
....aintiff. Send down the lower court records along with a copy of this judgment immediately to the court concerned. Faruque Ahmed J. - I agree. Ed. This Case is also Reported in: ...... amount. Accordingly, the time was further extended by the plaintiff bank for repayment of the loan amount. But subsequently the defendant did not pay the loan to the plaintiff. The government took a decision to give some exemption to the loanees subject to regularization of the loan. Accordingly, t..Category: Banking Law | Date: 11 May, 2011 | Hits: 210
Syed Moazzem Hossain (Md.) Vs. Tahsia Khanam and others, 2011, 40 CLC (HCD)
....aside. The suit is dismissed, however without any Order as to costs. Send down the records at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 11. ......uly signed by her as the transferor with the signature of the respective transferees. (iv) That Md. Sarkum Ali by his letter dated 26-5-1990 informed the bank that there has been a change in the decision to transfer the shares in favour of the spouse of the plaintiff, Altaf Hossain Ashu Mi..Category: Company Law, Procedural Law | Date: 8 May, 2011 | Hits: 9
Kyung Hae Maritime Co. Ltd. and others Vs. M.V. BF Glory and others, 2011, 40 CLC (HCD)
....No.19 of 2009 M/S. Kysco Shipping Co. Ltd. and also against the BF. Shipping Limited in Admiralty Suit No. 27 of 2009 and Admiralty Suit No. 28 of 2009. Ed. This Case is also Reported in: ......ship management agreement to pay the plaintiffs dues, in default the vessel will be sold in order to realize the decreetal amount. In this respect the learned Advocate Mr. Kamal-ul-Alam relied on the decision of an unreported case of this court in Admiralty Suit No. 37 of 1999 and also cases reporte..Category: Admiralty Law or Maritime Law | Date: 4 May, 2011 | Hits: 70
Hossain Md. Rajib Vs. State, 2011, 40 CLC (HCD)
....-3-2010 and allow the appeal. With this observation the appeal is allowed and the ad interim bail granted earlier is affirmed. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 447.......has forgotten the established principle of law in respect of granting bail and rejecting the application for bail. She has violated the principle of dispensation of criminal justice. In series of decision of the apex Court it is held that imposing of condition in granting bail is not sustainab..Category: Women and Children | Date: 2 May, 2011 | Hits: 171
National Board of Revenue and others Vs. Lt. Col. Kazi Shahid Ahmed (Retd.), 2011, 40 CLC (AD)
.... Court Division in Writ Petition No.1953 of 1996, is set-aside and the appeal is allowed, however, without any order as to cost. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 119. ......pany comes under ‘অব কাঠামো যোগাযোগ মাধ্যম’, as such, it is entitled to pay VAT at the rate of 4.50%. The High Court Division also found that the decision given by the National Board of Revenue to pay at the rate of 4.50%could not be overridden b..Category: Fiscal/Taxation Law | Date: 26 Apr, 2011 | Hits: 217
Md. Jahir Uddin and others Vs. Md. Molin Ali and others, 2011, 40 CLC (HCD)
.... dated 23.11.2004 passed by the Assistant Judge, Gobindaganj, Gaibandha in Other Class Suit No.8 of 1997 is maintained. Send down the lower Court records. Ed. This Case is also Reported in: ...... and passed the impugned judgment in total non-consideration and misreading of the plaintiffs’ evidence, and therefore, it is incumbent on this Court to consider the same and to arrive at a correct decision. On the scope of a revisional Court to consider/reconsider evidence, the learned Advocate r..Category: Property Law | Date: 31 Mar, 2011 | Hits: 68
ATM Qamuzzaman Khan Vs. State and another, 2011, 40 CLC (HCD)
....o discharged from his bail bond. Communicate this order at once and send down the lower Court's records expeditiously. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 442. ......icer under section 3 of the said Act, he/she can prefer appeal before the person designated or authority within 30(thirty) days. In the instant case no one went to the appellate authority against the decision..........................(32) Abuse of official position Criminal misconduct can ..Category: Criminal Law | Date: 29 Mar, 2011 | Hits: 3
Uniroyal Securities Ltd. Vs. Commissioner of Taxes, 2011, 40 CLC (HCD)
....any order as to cost. The Registrar of the Supreme Court is directed to take necessary steps under section 162 of the Ordinance. Ed. This Case is also Reported in: 63 DLR (2011) 676. ......n. The applicant submitted his return showing his income in two heads (i) income from share trading business and (ii) income from bank interest. The applicant has no case against the respondent's decision on the second head i.e. bank interest income. The applicant has paid tax of Taka 3,15,396 a..Category: Fiscal/Taxation Law | Date: 21 Mar, 2011 | Hits: 123
GK Brothers and another Vs. Imperial Chemical Industries Bangladesh Limited, 2011, 40 CLC (HCD)
.... land in favour of appellants through court. The office is directed to send down the lower Court's record at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 543 ......kabala deed executed and registered? vii) Whether the impugned Judgment and decree are sustainable in law? 12. Let us take up issue No. i, ii, iii and iv together for consideration and decision:— The plaintiff respondent has examined only one witness to prove his claim. We ..Category: Civil Law, Procedural Law | Date: 20 Mar, 2011 | Hits: 2
Maulana Mohammad Shamsul Huq and others Vs. Abu Taher and others, 2011, 40 CLC (AD)
....ppellate court. We, therefore, find no merit in this petition for leave to appeal and hence this petition for leave to appeal be dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 365. ......nd therefore discarded the defendants' alleged kabala in the name of Bazlur Rahman terming it invalid being subsequent to plaintiffs' alleged kabala. The appellate court reversed these findings and decision of the trial court and found that the plaintiff’s kabala is antedated and collusive. The ..Category: Property Law | Date: 20 Mar, 2011 | Hits: 84
Md. Ferajtullah Sheikh Vs. Md. Yusuf Ali and others, 2011, 40 CLC (HCD)
....he result, the Rule is discharged without any order as to costs. The order of status quo passed on 6.8.2002 is vacated. Send down the lower Court records. Ed. This Case is also Reported in: ......its that the lower appellate Court without any independent discussion over the issues mechanically dittoed the trial Court’s judgment and thereby committed error of law resulting in an error in the decision occasioning failure of justice. She further submits that since the case land had been retur..Category: Property Law | Date: 20 Mar, 2011 | Hits: 59
Chunnu Vs. State, 2011, 40 CLC (HCD)
....icting and sentencing the Appellants. In the result, both the appeals are dismissed. Send down the lower Court record. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 127 ......nu was not on the vital part of the body of the victim, he can not be held to have had common intention to convict him under section 34 of the Penal Code. In support of his submission, he refers to a decision of our Appellate Division in State Vs. Abdul Barek reported in 10 BLT (AD) 8. As against th..Category: Procedural Law | Date: 15 Mar, 2011 | Hits: 6
Anwarul Alam (Md.) Vs. Pubali Bank Ltd and others, 2011, 40 CLC (HCD)
....the case of the former, the subsequent amendments made in the referred statute cannot automatically be read into the adopting statute. In the case of latter category, it may be presumed that the legislative intent was to include all the subsequent amendments also, made from time to time in...... it is liable to be discharged. 32. In the result, the Rule is discharged. There will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 448. ..Category: Constitutional Law, Employment/Service Law | Date: 13 Mar, 2011 | Hits: 3
Mokles Uddin Bhuiyan Vs. Rabi Chowdhury, 2012, 41 CLC (HCD)
.... The order of status quo granted earlier by this Court is hereby recalled and vacated. Send down the Lower Court's Record at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 471. ......ivil Procedure and obtained the Rule. 7. Mr. M Asif Hasan, the learned Advocate appearing on behalf of the petitioner submitted that both the Courts committed error of law resulting in an error of decision occasioning failure of justice in not considering that the summons was duly served upon the..Category: Civil Law | Date: 11 Mar, 2011 | Hits: 185
Professor Muhammad Yunus Vs. Bangladesh, 2011, 40 CLC (HCD)
....er, there would be no order as to costs. Md. Mamtazuddin Ahmed J. – I Agree. Gobinda Chandra Tagore J. – I Agree. Ed. This Case is also Reported in: 63 DLR (2011) (HCD) 260. ......her Vs. Rahimafrooz Batteries and others, reported in 7 BLC (AD) 73 it was held that subordinate legislation cannot give retrospective effect unless authorised by the parent law. Therefore, the above decision referred to on behalf of the petitioner rather supports the retrospective effect of the Ser..Category: Banking Law | Date: 8 Mar, 2011 | Hits: 438
....ation thereof, we do not find any merit in these two leave petitions.
Accordingly, these leave petitions are dismissed.
Ed.
This Case is also Reported in: 66 DLR (AD) (2014) 86.
......rned District Judge completely failed to take notice of this aspect of law. Therefore, we are of the opinion that the learned District Judge has committed an error of law resulting in an error in the decision occasioning failure of justice in holding that the suit was not maintainable for not r..
Category: Civil Law | Date: 23 Feb, 2011 | Hits: 10
....ubstance hi the submissions of the learned Advocate for the petitioners.
Accordingly, the leave petition is dismissed.
Ed.
This Case is also Reported in: 67 DLR (AD) (2015) 119.
...... that the parties may adduce appropriate evidence on the said issue. It is settled legal proposition that "as a rule relief not founded on the pleadings should not be granted." Therefore, a decision of a case cannot be based on grounds outside the pleadings of the parties. The pleadings an..
Category: Civil Law | Date: 17 Feb, 2011 | Hits: 5
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