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Most. Monowara Begum and others Vs. Malanch Bibi and others, 2009, 38 CLC (AD)
....Division in exercise of revisional jurisdiction in the absence of misreading or non-consideration of the material evidence in arriving at such findings. The learned Judge of the High Court Division totally ignoring that he was hearing the revision petition against the concurrent findings of fact r......urt the defendant having realized that he would not get relief in the suit with a view to forestall the appeal raised some constructions in the suit lands taking advantage of the plaintiffs temporary absence in the suit lands in the first part of 1967 and dispossessed him. The trial Court on assessm......ng that he was hearing the revision petition against the concurrent findings of fact reassessed the evidence and interfered with the concurrent findings of fact. 12. The exercise of revisional jurisdiction is confined to question of jurisdiction. While in a first appeal the Court is free to d..Category: Property Law | Date: | Hits: 20
....f 'remand'……………………………………..(23)
The very system of taking an accused on 'remand' for the purpose of interrogation and extortion of information by application of force is totally against the spirit and explicit provisions of the Constitution…………………………......stody, it is surprising to note that no guideline has been given in sub‑sections (2) and (3) as to the circumstances under which detention in police custody may be authorised. The Magistrate in the absence of any guideline, passes a 'parrot like' order authorising detention in police custody which......at the same time, significantly that it will depend upon the facts and circumstances of each case. If the question of custodial death becomes a disputed question of fact, in that case, under the writ jurisdiction it will not be possible to give compensation but where it is found that the arrest was ..
Category: Constitutional Law | Date: | Hits: 137
Mohiuddin Khan and another Vs. Shihamul Haque and others, 2009, 38 CLC (AD)
....o.1 purchased from Shibulal Tanti 0.02 acres of land of Plot No.1952 of Khatian No.68, 0.35 acres of land of Plot No.1905 of Khatian No. 290, 0.05 acres of land of Plot No.1916 of Khatian No.429 i.e. total 0.06 acres, all within the said mouza Chandana by registered kabalas dated 24-1-1979 and appel......plaint and a decree for declaration that the settlement deed described in schedule ‘B’ is not binding on the plaintiffs. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 129. ...... as held in 17 DLR 451, the above proceeding of Exchange Case No.35/69-70 stated on 24-7-1969 for forfeiting the land of the appellants for the purpose of granting so-called settlement is without jurisdiction. The possession of the property in question was always with the appellants and was neve..Category: Property Law | Date: | Hits: 29
Abdul Gafur and others Vs. Md. Abdur Razzak and others, 2009, 38 CLC (AD)
....is allowed without any order as to costs. The judgment of the High Court Division is set aside and restored those of the Courts below. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 242. ......r that Exhibit A series, the rent receipts do not relate to the lands in CS khatian No. 77 and Exhibit B the sale certificate has not been proved and that the said Exhibit B has not acted upon in the absence of delivery of possession. 6. We have perused the judgment of the Courts below and heard ......itle, interest and possession in the suit lands by adducing oral and documentary evidence. These findings of fact are not immune from interference by the High Court Division in exercise of revisional jurisdiction in the absence of misreading or non-consideration of the evidence on record. The High C..Category: Tenancy Law | Date: | Hits: 174
Habibur Rahman Mollah (Ex-Member of Parliament, Dhaka 4) Vs. State and another, 2010, 39 CLC (AD)
....leged occurrence took place long before coming into force of the said Ain and institution of the case for alleged offences committed prior to coining of the aforesaid Ain with retrospective effect is totally illegal and without jurisdiction. In this connection learned Counsel have referred certain p......ances of the case. The submissions of the learned Counsel merit no consideration. The appeal is dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 233; 15 MLR (AD) (2010) 175. ......en 1971 and 9-5-2004 i.e. before enactment of the Anti-Corruption Commission Act, 2004." 3. Mr. Rafique-ul-Huq and Mr. Azmalul Hossain extensively argued on behalf of the appellant on the point of jurisdiction of the Special Judge to hold trial of the offence punishable under section 26(2) and 27..Category: Anti-Corruption Laws | Date: | Hits: 195
State Vs. Azizul Haque, 2008, 37 CLC (AD)
....failure of justice in acquitting Azizul Haque and others. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 267. ...... to frame the charge against the accused appellant and others under sections 302/120(Kha)/34 of the Penal Code. The charge was read over and explained to the 2(two) present accused persons and due to absence of the other accused persons including the accused-appellant the charge was framed in their ......failure of justice in acquitting Azizul Haque and others. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 267. ..Category: Others | Date: | Hits: 63
....me seriously affected. The affected shop keepers made a representation to various authorities including the President of the Republic and the then Chief Martial Law Administrator for saving them from total ruination with a suggestion that a Super Market should be constructed adjacent to the Ahasan M......inable. There is no merit in the contentions of the learned counsel. The appeal is therefore, dismissed without any order as to costs.
Ed.
This Case is also Reported in: VII ADC (2010) 241.
......inable. There is no merit in the contentions of the learned counsel. The appeal is therefore, dismissed without any order as to costs.
Ed.
This Case is also Reported in: VII ADC (2010) 241.
..
Category: Property Law | Date: | Hits: 29
Md. Sona Ullah Vs. Most. Morium Bewa and others, 2010, 39 CLC (AD)
....o add additional grounds. The order of status quo granted earlier by this court shall continue till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 237. ......o add additional grounds. The order of status quo granted earlier by this court shall continue till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 237. ...... Judge of the High Court Division erred in law interfering with the findings of fact arrived at by the Court of Appeal below and therefore, the learned Judge of the High Court Division exceeded its jurisdiction while exercising revisional power. The learned counsel further contended that the learn..Category: Property Law | Date: | Hits: 18
Janata Bank Vs. M/S. Natun Pragoti Paribahan Sangstha and others, 2009, 38 CLC (AD)
....ccordingly no interest was charged for the period since 17.9.1990 but the respondent No.1again failed to avail the benefit; the respondent No. 1, in order to liquidate their liabilities, deposited in total TK. 27,12,000.00 in the loan account but did not deposit 15% clown payment as required under t......uch similarity between the respondents and the borrows shown in Annexure E and as such the finding of the High Court Division that the action of the appellant was discriminatory has no basis in the absence of any evidence before the High Court Division to sustain the above finding. It also appears...... order as to costs. The appellant may however consider the prayer of the respondents in accordance with law if found tenable. Ed. This Case is also Reported in: VII (ADC) (2010) 201. ..Category: Banking Law | Date: | Hits: 98
Tanvir Ul Islam Vs. General Manger, Credit Information Bureau, Bangladesh Bank, 2009, 38 CLC (AD)
....red to have been made without lawful authority and is a nullity." 3. The petitioner is a share-holder of respondent No.7 company (a public limited company) having 2,500 shares out of the total of 16,000 sharers which is 15.63% of the total shares. On 21.06.1998 the petitioner was appoin...... report has been prepared accordingly. We find substance in this submission. Accordingly these leave petitions are dismissed. Ed. This Case is also Reported in: VII (ADC) (2010) 197....... report has been prepared accordingly. We find substance in this submission. Accordingly these leave petitions are dismissed. Ed. This Case is also Reported in: VII (ADC) (2010) 197...Category: Business or Commercial Law | Date: | Hits: 216
Anath Chandra Barman Vs. Government of Bangladesh, 2009, 38 CLC (AD)
....rule and stay and finally by its judgment and order dated 15.07.2008 made the Rule absolute. 11. The judgment has duly been communicated to the Ministry concern. But the respondent No.1 in total disregard of the said judgment passed similar order earlier challenged in Writ Petition No.298......t the lease as prayed for. In such view of the matter we find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII (ADC) (2010) 191. ......t the lease as prayed for. In such view of the matter we find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII (ADC) (2010) 191. ..Category: Property Law | Date: | Hits: 26
Chairman, RAJUK Vs. Mostafa Kamal and others, 2009, 38 CLC (AD)
.... amount of Tk.27.00 lacs. Pursuant to the said tender notice the petitioner participated for obtaining lease of the residential plot being No. NE (O)-4 situated at Road No.90, Gulshan, Dhaka having a total area of land (more or less) 26.09 kathas. The petitioner deposited Tk.21 lacs by way of earnes......nd within 3(three) weeks." 23. In the result the appeal is disposed of. The short order quoted above shall from part of the judgment. Ed. This Case is also Reported in: VII (ADC) (2010) 127. ......nd within 3(three) weeks." 23. In the result the appeal is disposed of. The short order quoted above shall from part of the judgment. Ed. This Case is also Reported in: VII (ADC) (2010) 127. ..Category: Limitation Law | Date: | Hits: 154
....he same has dealt with dismissal, discharge, retrenchment and termination from service and as such the case of the respondent No.2 claiming benefits for the period he served after his retirement is totally misconceived and untenable.
8. Leave was granted to consider the above submissions.
9.......it Petition No. 6150 of 1997 by the High Court Division is set aside and the Complaint Case No. 25 of 1995 is dismissed.
Ed.
This Case is also Reported in: VI ADC (2010) 83, 7 LG (AD) (2010) 201....... neither a commercial nor an industrial concern and as such the provision of Employment of Labour (Standing Orders) Act 1965 is not applicable in this case and accordingly the labour court had no jurisdiction to entertain the case of said Golam Nabi the complainant. It is also submitted that the..
Category: Labour and Industrial Law | Date: | Hits: 110
Golam Rab Chowdhury Vs. Mrs. Sajeda Begum and others, 2009, 38 CLC (AD)
....e in law and is liable to be set aside. We find substance in this appeal. The appeal is allowed without any order as to cost. Ed. This Case is also Reported in: VI ADC (2010) 69. ......puted house. The government also did not file any affidavit-in-opposition nor supported the case of respondent No. 3. 7. The learned counsel appearing for the appellant submitted that in the absence of any evidence of existence of respondent's father Munzur Ahmed in Bangladesh at the releva......desh at the relevant time on 26.06.1972 it is presumed that Munzur Ahmed the lessee/owner was not available in Bangladesh. 8. He also argued that the High Court Division travelled beyond its jurisdiction under Article 102 of the Constitution by setting aside following finding of facts by th..Category: Property Law | Date: | Hits: 31
Government of Bangladesh Vs. Md. Zillur Rahman, 2009, 38 CLC (AD)
....relate financial involvement against him. Moreover, his stock sheets are still incomplete. The authority cannot make payment to the petitioner unless the audit objections involving Tk.3, 20,509/83 in total and stock sheets issued involving Tk. 10,391/- are paid and disposed by the petitioner. The ...... not find any legal infirmity in the impugned judgment of the Administrative Appellate Tribunal. The Petition is dismissed. Ed. This Case is also Reported in: VI ADC (2010) 67. ...... not find any legal infirmity in the impugned judgment of the Administrative Appellate Tribunal. The Petition is dismissed. Ed. This Case is also Reported in: VI ADC (2010) 67. ..Category: Employment/Service Law | Date: | Hits: 67
Md. Nazrul Islam Vs. National Fans Limited and another, 2009, 38 CLC (AD)
....ality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2010) 61, 16 MLR (AD) (2011) 420. ......ality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2010) 61, 16 MLR (AD) (2011) 420. ...... in restraining the petitioner from using the words "BISCIC Tongi" or বিসিক টঙ্গী on the body of the fan produced by him or the packages cartoon of the said fans in as much as the jurisdiction as exercised by the High Court Division in the present case is vested only up..Category: Intellectual Property Law | Date: | Hits: 211
.... নং ১২(২) মুসকঃ নীঃ বাঃ ৯৫(অংশ-১)/২২৪(১১) dated March 11, 2001 of the NBR to the authorities for realization of VAT @ 15% from the 20% of the total fees and commissions of the PSI Agencies.
3. The High Court Division has declared the afore...... and that the said Agency renders some services in Bangladesh but as there is no clear cut demarcation as to quantity of service to be rendered in Bangladesh and outside Bangladesh and as such in the absence of determination VAT can not be levied, even if on certain part of the service VAT is levyab......und of the discussions made hereinbefore we find merit in the appeals.
Accordingly, the appeals are allowed without any order as to cost.
Ed.
This Case is also Reported in:VII ADC (2010) 25.
..
Category: Fiscal/Taxation Law | Date: | Hits: 95
Anti-Corruption Commission Vs. ATM Nazimullah Chowdhury and others, 2010, 39 CLC (AD)
....that during his tenure as the Ambassador of Bangladesh to the United Arab Emirates in September, 2006, he rented a house in Abu Dhabi City by exercising undue influence and thereby caused the loss of total 72,000 Dirham from the public exchequer. The writ petitioner also misappropriated total sum of...... a copy of the order be communicated to the learned Judges of the High Court Division and the leaned Special Judge, Court No.9, Dhaka. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 225. ......ain a judicial order defying the process of the Court. When a person wants to seek remedy from a Court of law, he is required to submit to the due process of the Court and unless he surrenders to the jurisdiction of the Court, the Court will not pass any order in his aid. In view of the above, the l..Category: Anti-Corruption Laws | Date: | Hits: 186
University of Dhaka and others Vs. Md. Jalal Uddin Chowdhury and others, 2009, 38 CLC (AD)
.... for the appellants. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 222, VIII ADC (2011) 288, 16 MLR (AD) (2011) 129....... for the appellants. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 222, VIII ADC (2011) 288, 16 MLR (AD) (2011) 129....... submitted that once a person is appointed as a Lecturer on being recommended by a legally constituted enquiry committee and the subsequent enquiry committee, being not a superior authority, has no jurisdiction to review the decision of the earlier committee; that the very constitution of the su..Category: Employment/Service Law | Date: | Hits: 68
Collector of Customs and others Vs. TK Oil Refinery Ltd. and 22 others, 2009, 38 CLC (AD)
....y and other duties on the basis of normal price so fixed. All the appeals are dismissed with the observation as made above. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 217. ...... used in all the writ petitions, contending that by the SRO dated 9-6-1994, the tariff value on CDSO and CPO were deleted and even after the deletion of the tariff value the customs authority, in the absence of tariff value, was competent to fix normal price of the imported goods prevalent in the na......y and other duties on the basis of normal price so fixed. All the appeals are dismissed with the observation as made above. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 217. ..Category: Fiscal/Taxation Law | Date: | Hits: 86
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