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Nasiruddin Biswas Vs. Chairman, National Board of Revenue and others, 2008, 37 CLC (AD)
....e is no illegality or infirmity in the above decision so as to call for any interference. The petitioner is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 587. ......d the above prayer being an enlisted person, used to pay turnover tax sometimes at enhanced rate from time to time to time in terms of the relevant provisions of the VAT Act, 1991 and VAT Rules and accordingly the charge made against him for evasion of payment tax is violative of the said Act and...... Tanjib-ul-Alam, Advocate, instructed by Mrs. Sufia Khatun, Advocate-on-Record-For the Petitioners. Md. Ibrahim Khalil, Advocate-on-Record-For the Respondents. Civil Petition for Lave to Appeal No. 591 of 2007. (From the judgment and order dated 23.04.2005 passed by the High ......der under Memo No. 4th /(6)-187 Mulla-Ghosona Bibidha 72001/1221 dated 09.06.2002 (Annexure-C), in so far as it relates to the charge of evasion, should not be declared to have been passed without lawful authority and are of no legal effect and as to why the respondents should not be directed to..Category: Fiscal/Taxation Law | Date: | Hits: 83
Abdul Halim and another Vs. Sheikh Abdullah and others, 2008, 37 CLC (AD)
....ll define the land in suit does not hold good in view of the findings that the Advocate Commissioner could not accomplish his duty as per direction in the writ, the High Court Division failed to do justice in the case and calls for interference by this Court. 5. The report of the Adv......d no substance in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 581. ......hidul Hug, Advocate-on-Record-For the Petitioners. Md. Abu Siddique, Advocate-on-Record-For Respondent No. 1-2. None represented-For Respondent No.3-16. Civil Petition for Leave to Appeal No.1286 of 2007. (From the judgment an order dated the 17th day of May, 2007 passe......d no substance in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 581. ..Category: Property Law | Date: | Hits: 30
Syedur Rahman Chowdhury Vs. Monowara Begum and others, 2008, 37 CLC (AD)
....tioner herein could not make out any case of review in this application. Accordingly, the review petition is rejected. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 576. ......tioner herein could not make out any case of review in this application. Accordingly, the review petition is rejected. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 576. ...... N. K. Shaha, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Petitioner. Not represented- the Respondents. Civil Review Petition for leave to Appeal No. 83 of 2008. &nb......conceal the date of sale. While executing the kabala there was no local per son. The respondents did not get served notice upon the co-sharer including the preemptor which was imperative under the law. So, neither the pre-emptor nor his co-sharers was aware of the deed. It is also admitted by al..Category: Property Law | Date: | Hits: 26
Md. Ijal Uddin Munshi Vs. Mst. Rokeya Khatun and another, 2009, 38 CLC (AD)
....n for D.N.A. Test prematurely failing to consider the subject matter and prayer of the Family Suit and provisions of law applicable thereto resulting in an error in decision occasioning failure of justice. 5. It appears from the record that the plaintiffs filed the suit for dower and main......005 against the petitioner. The defendant and the plaintiff are of same village. The plaintiff No.1, Rokeya Khatun married defendant, Izaluddin before 16 years at a dower of TK. 30,000.00 according to the Muslim Sariah. After their marriage while living as husband and wife daughter...... Judgment January 19, 2009. Lawyers Involved: Abu Siddique, Advocate-on-Record-For the Petitioner. Not represented-the Respondents. Civil Petition for Leave to Appeal No. 1629 of 2007. (From the judgment and order dated the 5th day of February, 2007...... which depends upon proof of solemnizing marriage and birth of a child during existence of marriage which has get nothing to do with D.N.A. Test; that both the Courts below have committed error of law allowing an application for D.N.A. Test prematurely failing to consider the subject matter and ..Category: Family Law | Date: | Hits: 280
City Bank Limited Vs. Judge, Artha Rin Adalat, Barisal and others, 2009, 38 CLC (AD)
....here is no illegality 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 (2009) 563. ......he above suit is whether the petitioner will get Tk.1,11, 2626/- from the respondent No. 4 and further the respondent No. 2 will get decree only to the extent of claim as they may prove and accordingly in the above suit there is no scope to decide the claim of the petitioner. Being aggrie......ved: Md. Abdun Nur, Advocate-on-Record-For the Petitioner. Harun-or-Rashid, Advocate, instructed by Haridas Pal, Advocate-on-Record-For the Respondent. Civil Petition for leave to Appeal No.1414 of 2007. (From the judgment and order dated 27.08.2007 passed by the High ...... the petitioner that having the first charge over the mortgaged property the petitioner is a necessary party in the subsequent suit filed by the respondent No. 2, is not tenable in the eye of law as in the subsequent suit the only issue for adjudication is whether the respondent No. 4 owes ..Category: Civil Law | Date: | Hits: 102
Md. Qamrul Islam and others Vs. Md. Abdul Wazed Miah and another, 2008, 37 CLC (AD)
.... no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 561. ...... no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 561. ......008. Lawyers Involved: Md. Aftab Hossain, Advocate-on-Record-For the Petitioners. Syed Mahbubur Rahman, Advocate-on-Record-For Respondent No.1. Civil Petition for Leave to Appeal No.1010 of 2007. (From the judgment and order dated 15.05.2007 passed by the High ......ntested the suit by filing written statement denying the material allegations made in the plaint and contending that the suit land was acquired by the fund which he got from his father in law and also out of the income from his business and that he provided accommodation to the plaintif..Category: Property Law | Date: | Hits: 22
Noor Jahan Begum and another Vs. Golam Mostafa and others, 2009, 38 CLC (AD)
....of the instant suit. The learned Advocate further submitted that the rejection of the application of the applicant No.1-11 for addition ad defendants in the suit occasioned miscarriage of justice without considering that the fate of the existing parties to the suit in respect of suit pr......ant No.12-14 inherited their properties and proposed to sell 18 decimals out of the land and that the plaintiffs had agreed to purchase the same at highest market price of TK. 4,00,000.00 and that accordingly, the plaintiffs and the defendant No. 12-14 entered into an agreement for sal...... Judgment January 15, 2009. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Not represented- the Respondents. Civil Petition for Leave to Appeal No.1518 of 2007. (From the judgment and order dated the 7th day of August, 2007 pa...... 5. Mr. Md. Nawab Ali, learned Advocate-on-Record, appearing for the petitioner submitted that the Additional District Judge committed an error of land in not applying the settled principle of law that none but the contracting parties and the Government should be parties in the ins..Category: Property Law | Date: | Hits: 25
Shahadat Hossain Mina and others Vs. Governor, Bangladesh Bank and others, 2008, 37 CLC (AD)
....is no illegality 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 (2009) 554, 19 BLT (AD) (2011) 158.......is no illegality 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 (2009) 554, 19 BLT (AD) (2011) 158.......9 of 2007) 4. Champak Kumar Biswas….........Petitioner (In Civil Petition No.1090 of 2007) Vs. Governor, Bangladesh Bank and others……....Respondents (In all the cases) Judgment October 22, 2008. Cases Referred to- Government of the People's Republic of Bangladesh vs. S.M. ......pension can only be passed by a person having authority to make the final order that is the order, of dismissal, and so the suspension orders not being passed by the appointing authority, are without lawful authority and moreover actions against the petitioners under Regulation No. 22 of the above S..Category: Criminal Law | Date: | Hits: 78
Mohsena Akter Khatun Vs. Chairman, First Court of Settlement, Bangladesh & others, 2008, 37 CLC (AD)
....ere is no illegality 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 (2009) 551. ...... 1981 in the First Court of Munsif (now Assistant Judge), Dhaka for specific performance of contract but at the intervention of well wishers, the parties compromised the said suit out of Court and accordingly both the parties filed an application in the Court on 04.08.1983 for compromise b...... A. K. M. Mesbahuddin, Senior Advocate with Mohsen Rashid, instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioner. Not represented-the Respondents. Civil Petition for Leave to Appeal No. 886 of 2007. (From the judgment and order dated 09.05.2007 passed by the High ......egistered in favour of the petitioner on 29.08.1984 but the agreement for sale being entered into on 04.05.1980, that is after the 25th day of March 1971, the same has no legal effect in the eye of law; it is also evident from the contents of the writ petition that the petitioner filed Title Suit..Category: Property Law | Date: | Hits: 26
M.A. Aziz Vs. Bangladesh, 2008, 37 CLC (AD)
....eous Case by the High Court Division for restoration of the said Title Suit which was dismissed for default. He next submits that the Appellate Division erred in dismissing the case in the ends of justice and for the sake of complete justice, the appeal should have been allowed. 9. We hav......wered in our judgment. We therefore find no cogent reason to review the same. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 547. ......fendant No.1 and as such the same is void and not binding on the Government for a declaration that the judgment dated 10.04.1997 passed in Writ Petition No2456 of 1996 and Civil Petition for Leave to Appeal No. 744 of 1997 on the basis of the aforesaid decree in Title Suit No. 64 of 1972 were al......r disturbing the possession of the plaintiff in schedule No. 1 property and to award cost of the suit and to pass such other and further order or orders as court may deem fit and proper as per law and equity. 3. The plaintiff-respondent considering the facts and circumstances of the ..Category: Property Law | Date: | Hits: 23
Sonali Bank Limited Vs. Md. Abdul Aziz and another, 2009, 38 CLC (AD)
....k and therefore the application do not merit any consideration. Accordingly the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 541. ......awarded monitory benefit while he was serving in Dighinala Branch at Khagrachori and that he was charge sheeted for misappropriation of money on the basis of preliminary inquiry and accordingly he was asked to show cause under Regulation No. 28 of the Sonali Bank (Employees) Regul......on (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Shah Abu Nayeem Mominur Rahman J Sonali Bank Limited represented by its Managing Director & another....Petitioners Vs. Md. Abdul Aziz and another……&helli......thout jurisdiction and of no legal effect and further direction was given for reinstatement of the respondent in his service with all arrear salary and other allowances as admissible under the law. Being aggrieved by and dissatisfied with said judgment and order the Sonali Bank, as appellant..Category: Administrative Law | Date: | Hits: 166
Alam Uddin alias Shapan Vs. State, 2009, 38 CLC (AD)
....e above view of the High Court Division as it is a settled principle of law that the object of sentence should be to see that crime does not go unpunished and the society has the satisfaction that justice has been done and it will be a mockery of justice to permit the offender to escape the extr......andatory provision; moreover it is also evident from the record (postmortem report) that the age of the victim was 20 years and so the age of the condemned prisoner may be similar or a bit more and accordingly considering the tender age of the petitioner, the sentence of death may be commuted to......ate............................Respondent Judgment March 3, 2009. Lawyers Involved: Md. Helaluddin Mollah, Advocate- For the Petitioner. S. M. Abdul Mobin, Deputy Attorney General-For the Respondent. Jail petition No.19 of 2007. (From the judgment a......ord for the purpose of commutation of the death sentence, rather all the circumstances are aggravating. 6. We accept the above view of the High Court Division as it is a settled principle of law that the object of sentence should be to see that crime does not go unpunished and the society..Category: Criminal Law | Date: | Hits: 50
Commissioner of Customs Vs. Cab Express (BD) Limited and others, 2008, 37 CLC (AD)
....mission of the learned Advocate for the petitioners. The petitions are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 294; 64 DLR (AD) (2012) 100; 20 BLT (AD) (2012) 60. ......e the taxicabs within one month from the date of receipt of the order and further directing that the bank guarantee furnished by the respondents are liable to be released and the writ-respondents are accordingly directed to do the needful in this regard within one month from the date of receipt of t......LT (AD) (2012) 60. ......ntioned here that section 18 of the Customs Act speaks of goods dutiable except as hereinafter provided, custom duty shall be levied at such rates as are prescribed in the First Schedule or any other law in the time being in force. Thus the section provides the rate of customs duties to be levied on..Category: Fiscal/Taxation Law | Date: | Hits: 72
Mir Sattaruddin and Others Vs. Palli Daridra Bimochon Foundation, 2008, 37 CLC (AD)
.... no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 278. ......ointed 12 years back and the other was also appointed more than 18 years back and as such, "though they became employees of PDBF by operation of law, their long service cannot be ignored. So, according to their case, their service cannot be terminated by three months notices or three months......Abdul Matin J Mir Sattaruddin, Md. Johirul Alam, Md. Jamal Uddin and Md. Amir Hossain........Petitioners Vs. Palli Daridra Bimochon Foundation, represented by the Managing Director and another.............Respondents (In all the cases). Judgment December 4, 2008......pointed more than 13 years back, 1 (one) was appointed 12 years back and the other was also appointed more than 18 years back and as such, "though they became employees of PDBF by operation of law, their long service cannot be ignored. So, according to their case, their service cannot be ter..Category: Employment/Service Law | Date: | Hits: 68
General Manager, Bangladesh Railway Vs. Badruddin Ahmed, 2009, 38 CLC (AD)
.... view that the High Court Division upon correct assessment of the materials on record dismissed the appeal. The petition is dismissed. Ed. This Case is also Reported in: ...... view that the High Court Division upon correct assessment of the materials on record dismissed the appeal. The petition is dismissed. Ed. This Case is also Reported in: ......yan, Senior Advocate with him) instructed by Md. Aftab Hossain, Advocate-on-Record-For the Respondent Nos.1-6. Not represented- the Respondent Nos. 7-8. Civil Petition for Leave to Appeal No. 548 of 2008. (From the judgment and order dated 20th November, 2007 passed by ...... 3. Being aggrieved by dissatisfied with the impugned judgment and decree the plaintiff-appellant has preferred the appeal alleging, inter alia, that the impugned judgment and decree is bad in law as well as in facts. The learned Subordinate Judge (now Joint District Judge) failed to appreci..Category: Property Law | Date: | Hits: 27
Land Acquisition Officer, Pabna & Ors Vs. Al-haj Md. Abdul Latif Biswas & anr, 2007, 36 CLC (AD)
....ires that it shall be performed in a certain manner, or within a certain time, or under other specified conditions, such prescriptions may be regarded as intended to be directory only in cases when injustice or inconvenience to others who have no control over those exercising the duty would result i......of the discussion made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 255. ......Co. Ltd. 26 DLR (SC) 33; Secretary, Ministry of Food, Food Division, Government of Bangladesh, Dhaka and others Vs. M/s. M F Limited 44 DLR (AD) 166. Lawyers Involved: M.A. Azam Khair, Deputy Attorney General, instructed by Sajjadul Huq, Advocate-on-record- For the Appellants. M.A. Wadud Bh......uired. 8. The appellate Court heard the appeals together and by the common order dated May 25, 1995 made an order of remand for fresh assessment as the appellate Court found that the relevant the law and the regulation have not been followed in making the assessment of compensation by the learne..Category: Alternative Dispute Resolution | Date: | Hits: 249
M/s. IBTA Bangladesh (Pvt.) Ltd. Vs. Bangladesh, 2007, 36 CLC (AD)
...., since reasonings assigned in rejecting the writ petition do not suffer from legal infirmity. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......, since reasonings assigned in rejecting the writ petition do not suffer from legal infirmity. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ...... Appellate Division (Civil) Present: Md. Ruhul Amin CJ M.M. Ruhul Amin J Md. Hassan Ameen J M/s. IBTA Bangladesh (Pvt.) Ltd. represented by its Managing Director, house No. 25/B, Road No. 9/A, Dhanmondi, Dhaka and another.............Petitioners Vs. ......ng that the writ petitioner contested the suit by filing written statement and that when the decree was passed against him, he has moved the High Court Division in writ jurisdiction challenging the law as in Artha Rin Adalat Ain, 2003 instead of filing appeal and held "we do not find any su..Category: Civil Law | Date: | Hits: 98
Secretary, BJMC Vs. Md. Abdur Rashid Miah and another, 2007, 36 CLC (AD)
....find any ground to interfere with the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......find any ground to interfere with the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......ioner. A.K. Tanjibul Alam, Advocate, instructed by Mrs. Sufia Khatun, Advocate-on-Record-For the Respondent No.1. Not represented- For Respondent No. 2. Civil Petition for leave to Appeal No. 604 of 2004. (From the Judgment dated August 26, 2003 passed by the High Court D...... of Golden Handshake schemes are transferred to other viable and operating units to fill available vacancies". The High Court Division on consideration of the facts of the case as well as the law relevant on the question involving the case held: “Respondent Nos. 1 and 2 had not acted ..Category: Employment/Service Law | Date: | Hits: 61
Samudra Ejazul Haque and others Vs. Farhana Azad and another, 2007, 36 CLC (AD)
....o interfere with the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......o interfere with the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ...... Farhana Azad and another………………………………..Respondents Judgment April 22, 2007. Case referred to- Abdul Jalil and others Vs. Mrs. Sharon Laily Begum Jalil (1998) 18 BLD (AD) 21. ...... writ petition absolute in the following terms: "two minors, namely, Sagorika Noami Azad Huq and Mehrab Faraj Huq are being held in the custody of the respondent Nos.1-3 without lawful authority and in an unlawful manner. The respondents are directed to handover the above two..Category: Family Law | Date: | Hits: 171
Karuna Enterprise Vs. Joint District Judge, Artha-Rin-Adalat, Narayangonj & Ors., 2007, 36 CLC (AD)
....sion has committed no error of law in its judgment calling for interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......sion has committed no error of law in its judgment calling for interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......Division (Civil) Present: Md. Ruhul Amin CJ M.M. Ruhul Amin J Md. Tafazzul Islam J Md. Hassan Ameen J Messers Karuna Enterprise, represented by its Proprietor A. K. M. Kutubuddin Khan……………Petitioner Vs. ...... High Court Division in support of the prayer for leave to appeal. 9. In the background of the materials on record we are of the view that the High Court Division has committed no error of law in its judgment calling for interference by this Division. Accordingly, the peti..Category: Civil Law | Date: | Hits: 91
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