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Salahuddin Talukder (Md) Vs. Government of the People's Republic of Bangladesh, 2002, 31 CLC (HCD)
....fy the posts of Preventive Officer, Appraiser, Inspector and Intelligence Officer in one service by merely changing the terms and conditions of their Services without amalgamating the same as per the provision of section 4 of the Services (Reorganisation and Conditions) Act, 1975. The learned Advoca......and Conditions Act, 2000 (Act XX of 2000) should not be declared to be ultra vires of Articles 133 and 136 of the Constitution of the People's Republic of Bangladesh and, as such, illegal and without lawful authority and why the impugned order No. 7(2) Shu: Va: ProÂ3/2000/613 dated 20‑8‑2000 as..Category: Employment/Service Law | Date: | Hits: 116
Md. Abdur Rashid Akand Vs. Md. Raisuddin and others, 2010, 39 CLC (AD)
....ality in the said exercise of power in this case. There is no merit in this petition. The petition is accordingly dismissed. This Case is also Reported in: 16 MLR (AD) (2011) 63, VIII ADC (2011) 39....... 4. Mr. Awlad Ali, learned Counsel appearing for the petitioner contended that the plaintiff having not challenged the order of review in the higher forum, the High Court Division committed error of law in not deciding the right, title and interest of the parties in the suit land. Learned Counsel f..Category: Property Law | Date: | Hits: 48
Ocean Containers Ltd. Vs. Government of BanglaÂdesh and others, 2002, 31 CLC (HCD)
....egislation, such rules, regulations and orders should be considered as embodied in the Act and forming part of it. Such rules, regulations or orders being subordinate legislation must give way to the provisions of the Act. In the case of Union of India Vs. Satyendra Nath, AIR 1955 Cal 581, it was ob......r of the petitioner to allow the said tax exemption to the petitioner as contemplated under section 46A of the Income Tax Ordinance, 1984 should not be declared to have been issued and passed without lawful authority and is of no legal effect. 2. The fact, as briefly stated, is that the petitione..Category: Fiscal/Taxation Law | Date: | Hits: 86
Patwary Rafiquddin Haider Vs. State and another, 2002, 31 CLC (HCD)
....re are strong grounds for supposing that such person would not appear to take the trial. 17. In State Vs. Abdul Wahab Shah Chowdhury and another 51 DLR (AD) 242 the Appellate Division held: The provision for bail in a criminal case beginning from the initiation of proceeding upon the conclusio......bail' is release of a person from the custody of police and delivery into the hands of sureties, who undertake to produce him in Court whenever required to do so. An accused person is said, at common law, to be admitted to bail, when he is released from the custody of the officers of the court and i..Category: Criminal Law | Date: | Hits: 79
....d that the suit property has been enlisted in the ‘Ka’ list of the abandoned properties published in the gazette dated 23.09.1986 and that the writ petitioner moved the Settlement Court under the provisions of the Abandoned Property Buildings (Supplementary Provisions) Ordinance, 1985, (Ordinanc......ers reported in 59 DLR (AD) 165, wherein it has been held that the listing of the property as an abandoned property even without service of notice as per provision of Ordinance No. 54 of 1985 will be lawful and that the decree through which the writ petitioner alleged to have got the sale deed execu..
Category: Property Law | Date: | Hits: 54
Russel Vegetable Oil Ltd. Vs. Collector of Customs and others, 2000, 29 CLC (HCD)
....it Petition No. 2261 of 1995. 11. The Learned Advocate for the petitioner submits that in the absence of any fixed tariff value for the said imported merchandise, price has to be determined as per provision of Section 25(1) and (2) of the Customs Act, 1969 i.e. the normal price which the imported......ties. Writ Petition No. 2293 of 1994 with Writ Petition No. 2261 of 1995. Judgment Kazi AT Manowaruddin J. - These two Rules have been heard together as the facts are alike and the points of law involved are same and these shall be disposed of by this common Judgment. 2. Facts stated in ..Category: Fiscal/Taxation Law | Date: | Hits: 79
Abdul Ahad @ Md. Abdul Ahad Vs. State, 2000, 29 CLC (HCD)
....udge has been given finality. By the said amendment, the powers of the Sessions Judges or District Magistrate to report with a recommendation of orders to the High Court have been deleted but similar provisions as provided in section 43 8(2) of our Code have been kept in section 400 enabling Additio......lice force on 11-7-85. Thereafter, the learned Magistrate suo motu drew up proceeding under section 188 Penal Code holding that petitioner and others disobeyed the order promulgated by public servant lawfully empowered to promulgate such order. The learned Magistrate was of the opinion that petition..Category: Criminal Law | Date: | Hits: 57
Commissioner of Taxes Vs. Bangladesh Rural Advancement Committee (BRAC), 1999, 28 CLC (HCD)
.... and Arong exempt from tax in so far as these enterprises are engaged in earning profit and the circular issued by the Government under Memo No.ERD/NGO-11/Sc-86/586 dated 03-09-86 cannot override the provisions of Income Tax Ordinance, 1984. ii) Whether on the facts and in the circumstances of th......ect of ITA No. 55 of 1994-95 for the assessment year 1989-90 and ITA No. 552 of 1994-95 for the assessment year 1990-91 passed by the Taxes Appellate Tribunal, Dhaka, Bench-3. As the same question of law and fact is involved these two reference applications are being disposed of by this single judgm..Category: Fiscal/Taxation Law | Date: | Hits: 99
Mazharul Haque Qureishi Vs. Giridhari Rishi and others, 1998, 27 CLC (HCD)
....In the result, the Rule is discharged without any order as to costs. The order of stay earlier granted by this Court stands vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 149.......ned order, the petitioner moved this Court and obtained the present Rule. 6. Mr. Mahmudul Islam, the learned Counsel appearing for the petitioner, submits that the learned Assistant Judge erred in law in passing the impugned order holding that the issues involved in the two suits are not directly..Category: Property Law | Date: | Hits: 57
....ent or thing for the purpose of investigation of the offence as stated above and prior permission of the Sessions Judge or the High Court Division as the case may be, is required but there is no such provision under section 94 CrPC for seizure of the same for facilitating an investigation when no su......e case in application, as such, the order of the learned Sessions Judge is liable to be declared illegal and without jurisdiction.
3. Mr. Huq also argued that Banks Evidence Act, 1891 is a special law dealing with bank matters which gives special statutory protection against disclosure of facts r..
Category: Criminal Law | Date: | Hits: 41
Islamic Foundation Bangladesh Vs. Firoz Alam and others, 1997, 26 CLC (HCD)
....nts, orders, or decrees, other than those mentioned in sections 40, 41 and 42, as irrelevant unless the existence of such judgment, order or decree is a fact in issue, or is relevant under some other provision of this Act. For proper appreciation the aforesaid sections may be reproduced below. â€......dge, 3rd Court Dhaka in Title Suit No. 171 of 1988 declaring that the plaintiff-respondent is entitled to the leasehold right in respect of the shop No. 49 in the ground floor of Baitul Mokarram as a lawful heir and successor of late Md. Ismail. 2. Plaintiff Khairunnessa filed the aforesaid title..Category: Property Law | Date: | Hits: 116
....rd, However, the Water Development Board without showing any sympathy suspended the petitioner along with other officers vide Board’s Memo No. 615- WDB (Sectt) Adm-3-2p-298/78 dated 18-10-93 as per provision of rule 141(1) of Bangladesh Water Development Board (Employees) Service Rules, 1982. The ......laint (ka) 20/95 dated 28-5-97 (Annexure-R) issued by the respondent No. 5 regarding compulsory retirement from service of the petitioner (Annexure-N) should not be declared to have been made without lawful authority and is of no legal effect and that the petitioner be not reinstated in his former p..
Category: Employment/Service Law | Date: | Hits: 72
Tahera Khatun Bibi and others Vs. Abdul Jalil Mandal and others, 1998, 27 CLC (HCD)
....ption is allowed. Send down the lower Court records at once. The order of status quo granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 134. ...... No.4 Naheruddin sold the case land measuring 0.51 decimals to opposite party Nos.1 to 3 by kabala dated 30-7-76 at a consideration of Taka 5000.00 without serving any notice upon them as required by law. On obtaining the certified copy of the impugned Kabala the pre-emptors filed the pre-emption ca..Category: Property Law | Date: | Hits: 56
Mukit and others Vs. State, 2011, 40 CLC (AD)
....in be set at liberty at once if not wanted to connection with any other case. This Case is also Reported in: 8 LG (AD) (2011) 17, 16 MLR (AD) (2011) 86, VIII ADC (2011) 238, 31 BLD (AD) (2011) 56. ......about 8 a.m. the occurrence took place towards the northern side of the house of Fazir Uddin since deceased over felling and selling of some trees. It is alleged that the accused persons forming an unlawful assembly trespassed into the place of occurÂrence and at one stage they attacked Fazir Uddin..Category: Criminal Law | Date: | Hits: 49
A. F. M. Obaidur Rahman Vs. Md. Asgar Ali and others, 2003, 32 CLC (AD)
.... 31st December 2002 inasmuch as under the clock of the order in Annexure-D to the writ petition the writ-respondent No.4 illegally stopped the election and is not holding the election contrary to the provision of article 9B(3) of the said Order. 7. It appears that the impugned order was passed by......he impugned judgment and order dated 25.8.2003 passed by the High Court Division in Writ Petition No. 1248 of 2003 making the rule absolute in part declaring that by not holding election according to law the action of the respondent has become illegal and directing the writ-respondent Nos.1, 3 to 5 ..Category: Civil Law | Date: | Hits: 116
State Vs. Mukta Khan and another, 2011, 40 CLC (AD)
....ith this observation the leave petition is dismissed as infructuous. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 33, 16 MLR (AD) (2011) 92, 8 LG (AD) (2011) 69, 31 BLD(AD) (2011) 110. ......l Miscellaneous Case No.25185 of 2010, directing the respondents to surrender before the Court of Chief Judicial Magistrate, Jhenaidah, within 8(eight) weeks from date with a further direction to the law enforcing agencies not to arrest or harass or disturb them in any manner presumably in connectio..Category: Criminal Law | Date: | Hits: 55
Md. Nasirullah & other Vs. Md. Ziauddin Khan & others, 2007, 36 CLC (AD)
....on record arrived at a correct decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. This Case is also Reported in: 18 BLT (AD) (2010) 19. ...... right of redemption shall accrue after 12 years from 1936, date of mortgage deed and the suit has been filed within a period of 60 years. Accordingly both the courts below committed a gross error of law in construing the President's Order No. 88 of 1972 and in holding that the mortgage deed was exe..Category: Property Law | Date: | Hits: 60
.... above, we find no substance in the submission of the learned Advocate-on-Record for the petitioner.
Accordingly, the petition is dismissed.
This Case is also Reported in: 19 BLT (AD) (2011) 5.
......ted the suit contending that the Government has legal right and title to the aforesaid properties of hats Bazars and jalmahals for which tender notice were issued by the Government in accordance with law; that each year Government has been issuing tender notices and leasing out the aforesaid hats an..
Category: Property Law | Date: | Hits: 71
Lutfor Rahman Vs. Divisional Mechanical Engineer and others, 1998, 27 CLC (HCD)
.... Accordingly, we direct to dispose of the review petition according to law. In the result, we make the Rule absolute. No costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 133.......al Law Order 9 of 1982 signed by the Secretary, Ministry of Communication. 3. The petitioner obtained this Rule upon such facts challenging the order on the ground the same has been passed without lawful authority and to dispose of the review application filed by him on 29-8-85 before the Review ..Category: Employment/Service Law | Date: | Hits: 78
Hanif Sheikh (Md.) Vs. Asia Begum, 1998, 27 CLC (HCD)
....he charges leveled against him. The accused petitioner is discharged from his bail bonds. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 129.......ndered herself to the carnal desire of the accused, no offence under section 493 of the Penal Code has been made out and, as such, the impugned order of conviction and sentence is not maintainable in law. The learned Advocate further submits that the learned Court of appeal below was manifestly wron..Category: Criminal Law | Date: | Hits: 67
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