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Abdul Quddus Vs. Raquib Ali being dead his legal heirs Aziruddin and others , 2005, 34 CLC (AD)
....to be deposited within one month. Preparation of paper book is dispensed with as prayed for. Stay granted earlier be extended for further 6 (six) months from the date. Ed. ......ir Chowdhury J Abdul Quddus…………………………….Petitioner Vs. Roqib Ali being dead his legal heirs Aziruddin and others ......Respondents Judgement July 30, 2005 Lawyers Involve: ......m J Amirul Kabir Chowdhury J Abdul Quddus…………………………….Petitioner Vs. Roqib Ali being dead his legal heirs Aziruddin and others ......Respondents Judgement July 30, 2005 L..Category: Property Law | Date: | Hits: 35
Esquire Electronics Ltd. Vs. Bangladesh, 2007, 36 CLC (AD)
....r Rahman on the other." 9. On the above, we find no substance in the submission of the learned Advocate-on-Record for the petitioner. The petition is dismissed. Ed. ......ury J Esquire Electronics Ltd......................Petitioner Vs. Bangladesh represented by the Secretary, Ministry of Finance, Internal Resources Division (Customs) and ors.............................Respondents Judgment November 30, 2005 Case......e out of a Rule issued calling upon the respondent to show cause as to why the impugned order dated 3rd of July, 1996 should not be declared to have been made without lawful authority and is of no legal effect and as to why the respondents should not be directed to levy and collect the customs d..Category: Fiscal/Taxation Law | Date: | Hits: 126
Kazi Md. Abdul Kuddus and another Vs. Kaimon Bewa and Others, 2006, 35 CLC (AD)
....rt was in error. 16. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. ......ismissed without any order as to costs. Ed. ......fs including the plaintiff No. 9 and, as such, the judgment and decree passed in the suit on the basis of the deposition of the PW 1 and affirmance thereof by the High Court Division was being not legal and, as such, the same is liable to be set aside. The other contention was that the High Cour..Category: Property Law | Date: | Hits: 46
Serajul Hoque (Md) Vs. Government of BanglaÂdesh, 2007, 36 CLC (AD)
....er and respondent No.4 shall be counted from the date of their joining in the post and confirmation in service. 13. In the circumstances, we are of the view that the High Court Division upon proper assessment of the materials on' record arrived at a correct decision. There is no cogent rea......ry J Serajul Hoque (Md)...........................................................Petitioner Vs. Government of Bangladesh represented by the Secretary, Ministry of Shipping and others.......Respondents Judgment June 18, 2006. Lawyers Involved: A......ision upon proper assessment of the materials on' record arrived at a correct decision. There is no cogent reason to interfere with the same. Both the petitions are dismissed. Ed. ..Category: Employment/Service Law | Date: | Hits: 59
Sayeda Shajada Hossain & another Vs. Wega Fashion Sweater (Pvt) Ltd & ors., 2007, 36 CLC (AD)
....y altering Government's earlier decision. The further case is that one Mrs. Madlena D Rozario purchased the land from the CS recorded owners and possessed the same. The Government requisitioned the property by order dated 3-3-1952 in Requisition Case No. 16 of 1959-60 for the purpose of earth cu......ash;Respondent Nos. 3-9. (In CRP No. 78 of 2006) Not represented—Respondents (In CRP No. 84 of 2006) Civil Review Petition Nos. 77-78 & 84 of 2006. (From the judgment and order dated 1 -8-2006 passed by the Appellate Division in Civil Appeal Nos. 62, 63 & 64 of ....../310 of SA Khatian No. 165 (Sabek) and 137(hal) of Mouza Begunbari, PS Tejgaon, Dhaka are in possession thereof physically on payment of rent and taxes, etc. but they were dispossessed therefrom illegally by 'Mastans' on 16-10-2000 without giving them prior notice or chance of being heard. The f..Category: Property Law | Date: | Hits: 37
Maleka Khatun and others Vs. Amena Khatun and others, 2007, 36 CLC (AD)
.... of the suit defendant No.1 filed an application on November 21, 1966 under section 4 of the Partition Act (Act No. 4 of 1893) with the prayer for allowing him to buy back 4 annas share in the suit property (plot) on the ground that the suit plot i.e. CS plot No.366, is the undivided dwelling ho...... allowed with costs at all stages. Ed. ......gers in the suit plot long after the plaintiff's purchase", that entire suit plot is not the undivided dwelling house of the defendant No.1, that defendant No.1 "is not legally entitled to buy out the plaintiff's share in the suit plot under section 4 of the Partition..Category: Property Law | Date: | Hits: 44
Bangladesh Bank Vs. Sk. Abul Hossain and others, 2007, 36 CLC (AD)
.... issued the BRPD Circular Nos. 8 and 12, both dated 26-4-03 with lawful authority being empowered by section 45 of the Bank Company Act, 1991 to secure interest of the depositors and to ensure the proper management of the Banks and by those circulars the Bangladesh Bank has given the guidelines ......uhul Amin J Md Tafazzul Islam J Bangladesh Bank……………………………....Petitioner Vs. Sk. Abul Hossain and others .................Respondents Judgment May 2, 2006. Cases Referred ......ny Act have been challenged in several writ petitions out of which some have already been disposed of declaring that the above section 15(Ka Ka) and BRPD Circular No.12 of Bangladesh Bank are of no legal effect and those were issued without lawful authority; against the above judgments Bangladesh..Category: Business or Commercial Law | Date: | Hits: 99
Iftekhar Hasan (Md) @ Al Mamun and others Vs. State, 2007, 36 CLC (AD)
....oss examining the witnesses and/or even denying the prosecution case in so many words, the learned Advocate found it difficult to answer and of course submitted that the petitioners were not defended properly in the trial Court. 50. He however submits that this Court being the highest Court of th......nt: Syed JR Mudassir Husain CJ Md. Ruhul Amin J Md. Fazlul Karim J M M Ruhul Amin J Md. Tafazzul Islam J A Kabir Chowdhury J Md. Joynul Abedin J Iftekhar Hasan (Md) @ Al Mamun and others................Petitioners vs State…………………………………………......ained satisfied with the judgment under appeal displaying certain purely religious sentiments which a Court of law established by law has nothing to do and on my perusal of the impugned judgment no illegality is apparent therein to be interfered with, I am of the view that the provision of Article 3..Category: Criminal Law | Date: | Hits: 213
Chairman, Mongla Port Authority Vs. Kazi Brothers and others, 2007, 36 CLC (AD)
....rding calculations made by the trial Court in respect of the claims of the parties for passing decree in part. So, there is no need of discussing those. The appeal is dismissed with costs. Ed. ......rt Appellate Division (Civil) Present: Md. Ruhul Amin J M M Ruhul Amin J Md. Tafazzul Islam J Chairman, Mongla Port Authority............. Appellant Vs. Kazi Brothers and others…………………………Respondent Judgment June 22, 2004 Case Referred To-......damages to the construction materials which remaining under the open sun got rusted, Taka 4,37,000 against the profit which he could have earned if the works would have been completed; accordingly, a legal notice dated 4-3-1989 was issued upon the Port Authority under the instruction of the responde..Category: Civil Law | Date: | Hits: 109
Bangladesh Agricultural Development Corporation Vs. Artha Rin Adalat and ors., 2006, 35 CLC (AD)
.... for appeal in the Artha Rin Adalat Act, 1990 no application under Article 102 lies against the judgment and order of the said Adalat. It has been thus settled long back that the writ petition is not proper course for challenging the judgment of Artha Rin in view of provision for filing appeal being......Civil) Present: Syed JR Mudassir Husain CJ MM Ruhul Amin J A Kabir Chowdhury J Bangladesh Agricultural Development Corporation (BADC)..............Petitioner Vs. Artha Rin Adalat and others ...............Respondents Judgment June 29, 2006. Result: The petitions are...... Subordinate Judge and Artha Rin Adalat decreed both the suits against the defendant-petitioner and the respondent No.2 for the amounts claimed with interest of 16% per annum. Calling in question the legality of the aforesaid judgments and decrees in both the suits Writ Petition Nos. 3260 of 2001 an..Category: Business or Commercial Law | Date: | Hits: 135
NBR, Government of Bangladesh and anr Vs. M/S. Bata Shoe CompaÂny (BD) Ltd., 1990, 19 CLC (AD)
....st Secretary (Excise-2), National Board of Revenue. In the result, the appeal is dismissed, but there will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 195. ...... Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur RahÂman J National Board of ReveÂnue, Government of Bangladesh and anr........................Appellants Vs. M/S. Bata Shoe CompaÂny (Bangladesh) Limited ........ling them without payment of duty; that after unsuccessfully moving an appeal and revision the company deposited on 31st July, 1985 a sum of Tk.24,66,088/45 paisa as outstanding dues and accepted the legal position as enunciated by the Board of Revenue without challenging the same before any Court o..Category: Fiscal/Taxation Law | Date: | Hits: 114
State Vs. Mohammad Khan and others, 1990, 19 CLC (AD)
....n gave the fatal blow at the place of occurrence surrounding the victim while he was fleeing to escape. To decide the time of occurrence on the basis of semi-digested food found at the abdomen is not proper as it may differ from man to man. About passing of order by the two accuseds, the witnesses a......Ahmed CJ ATM Afzal J Mustafa Kamal J Latifur Rahman J The State, represented by the Solicitor, Government of the People's Republic of Bangladesh.........Appellant Vs. Mohammad Khan and others…………………………….....Respondents Judgment March 5, 1990. Result......Commissioner, Patuakhali will take him in to custody and the trial Court will report compliance of the order of this Court thereafter. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 192. ..Category: Criminal Law | Date: | Hits: 117
Akhlasur Rahman and other Vs. Safarullah and others, 1990, 19 CLC (AD)
....the pre-emptor or is the right merely one of re-purchase, which a neighbour or co-sharer enjoys under MoÂhammedan Law, and which he can enforce personally against the vendee in whom the title to the properly has already vested by sale, opinions varied in differÂent High Courts of the then India. T...... is also Reported in: 42 DLR (AD) (1990) 189. ......eres in a co-sharer because of co-sharership in the land or holding and as such is amenable to be waived or relinquished by consent, conduct or acquiescence even before the sale actually lakes effect legally. Secondly, he submitted that the learned Judge having himself noticed that the courts below ..Category: Property Law | Date: | Hits: 47
Babul alias Abdul Majid Khan and others Vs. State, 1988, 17 CLC (AD)
....ersons were produced before the Magistrate at 3 PM and between 3 PM and 6 PM as many as seven lengthy confessions were allegedly recorded by the Magistrate. It indicated that neither the accused were properly examined as required under the law before making confession nor they were given enough time......AD) (1990) 186. ...... has not been proved by adducing evidence except statement in the ejahar. When the occurrence has not been proved there is no reason to find that the offence is proved and the 164 statement not being legally proved, the appeal is allowed and the accused are acquitted…………..(9 & 10) Law..Category: Criminal Law | Date: | Hits: 49
Bangladesh Vs. Md. Ibrahim Bepari and others, 1989, 18 CLC (AD)
.... Result: The appeal is allowed. The Easements Act, 1882 (V of 1882), section 52 Lease and licence Under section 52 of the easement act a licensee has no right to transfer the immoveable property and he has the only right to posses until full payment of premium. This condition being vio......vision (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J The People's Republic of Bangladesh, represented by the Deputy CommissionÂer, Chandpur and others.…………....Appellants Vs. Md. Ibrahim Bepari and others..…………â€......vision, Comilla Bench, in Civil Revision No. 140 of 1984). Judgment Shahabuddin Ahmed J. - This is an appeal by special leave granted to the appellants, BanglaÂdesh and another, to examine the legality and proÂpriety of a decree for specific performance of a conÂtract for sale of a resident..Category: Property Law | Date: | Hits: 40
Laizu Begum and others Vs. Election Commission and others, 1989, 18 CLC (AD)
...., learned Counsel has referred to our decision on an election matter in the case reported in 41 DLR (AD) 68 and argued that the writ petitions in quesÂtion are themselves not maintainable. 6. For proper appreciation of the question inÂvolved, it is necessary to reproduce the relevant rules. ......lant Atiur Rahman Munshi………………………….................Appellant Nurul Islam Sarkar....………………………….................Appellant Vs. Election Commission and others....…………………………….Respondents (In all the appeals) Judgment Nove......essary. In case of any indispensable necessity for change of polling station the returning officer must seek approval of the Election and approval so given even after the poll was over, was valid and legal………..(8 & 9) Case Referred to- 41 DLR (AD) 68. Lawyers Involved: Dr. Kama..Category: Election Law | Date: | Hits: 163
Abed Ali Vs. State, 1990, 19 CLC (AD)
....300 of the Penal Code. In other words, the argument was that the apÂpellant, if at all, was liable for culpable homicide not amounting to murder. The learned Judges of the High Court Division upon a proper consideration of the facts and law, however, rejected the said contenÂtion and held that the......de (XLV of 1860) Section 302 The appellant may have felt insulted having been suspected of theft by the informant but the response he made was beyond all proportion. He came with a predetermined and calculated intention to commit murder and with that end in view accosted the informant and his t......consideration now is whether there is any scope to commute the sentence of death passed upon the appellant. 10. In awarding sentence under section 302, Penal Code there has been some change in the legal position since the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978) came into effect o..Category: Criminal Law | Date: | Hits: 65
Commissioner of TaxÂes, Dhaka (West) Zone, Dhaka Vs. Shahabuddin Ahmed, 1989, 18 CLC (AD)
....ed and the decisions of the courts below are afÂfirmed though not necessary on the same reasonings. There is no order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 162. ......nnot control the President’s Order No. 21 of 1973 in as much as President’s Order has achieved the status of constitutional legislation whereas section 60 of the Income Tax Act is a statutory law and as such no notification under such law can control the sub-constitutional legislation. In that v......ted from the InÂcome Tax Act cannot be brought within the ambit of the total income of the assessment. The Appellate Joint Commissioner in his order observed: — "In view of the fact and legal position stated as above the Act is directed not to include income from salary with the othe..Category: Fiscal/Taxation Law | Date: | Hits: 111
Moslehuddin (Md) Vs. State, 1990, 19 CLC (AD)
....f 1898) Section 367, 423 If judgement of the trial court cannot be termed as a judgement at all and fail to fulfill requirements of section 367 of the Cr.P.C. then only order of remand for writing proper judgement may be necessary but having all the materials on record not deciding the appeal on ......ment January 2, 1990. Result: The appeal is allowed. The Code of Criminal Procedure (V of 1898) Section 367, 423 If judgement of the trial court cannot be termed as a judgement at all and fail to fulfill requirements of section 367 of the Cr.P.C. then only order of remand for writing......way it deems fit and proper in the light of the observation made hereinbefore.'" 9. As a general rule an order for retrial would be proper where the trial in the lower court had been vitiated by illegality, irregularity or otherwise defecÂtive or when the original trial has not been satisfacÂto..Category: Criminal Law | Date: | Hits: 52
Anwar Hossain Bhuiyan Vs. Shaikh Moslem Ali, 1990, 19 CLC (AD)
....e appellant, contends that though the stay of exeÂcution of the decree appealed against pending dispoÂsal of the appeal is a matter of discretion of the court this discretion should be exercised on proper considÂeration of facts including balance of convenience and avoidance of multiplicity of li......of the High Court Division is modifie. The Code of Civil Procedure, 1908 (V of 1908), Order XLI, rule 5 Out of the decretal amount Tk. One lac is to be paid to the respondent within two months and the respondent shall furnish security to refund of the amount whenever required and in such mann......t to this direction the appeal is disposed of and the impugned order of the High Court Division is modified accordingly. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 158. ..Category: Civil Law | Date: | Hits: 117
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