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N.G. Shaha Steel Ind. (Pvt.) Ltd. Vs. Custom Excise VAT Aplt. Tribunal, Dhk & ors, 2005, 34 CLC (AD)
.... facts and circumstances stated above, we find no merit in the appeal. Accordingly, the appeal is dismissed with costs. Ed. This Case is also Reported in: V ADC (2008) 507. ......Rule 3 of the VAT Rules,1991 and the conditions attached to the declarations in MUSAK-I submitted by the appellant. 5. The High Court Division discharged the Rule holding that no question of law is involved in the writ petition. The contention is purely a question of fact as to whethe..Category: Fiscal/Taxation Law | Date: | Hits: 83
Hefazatur Rahman Tipu and others Vs. Forkanul Islam and others, 2007, 36 CLC (AD)
....istant Judge, Cox's Bazar, passed in Other Class Suit No. 17 of 2006 and thereby without issuing any Rule restoring the ad interim order of injunction which was earlier vacated in view of the provision of Order 39 rule 5A(3) CPC. 2. Brief facts for disposal of this leave petition are......n did not commit any illegality or infirmity so as to call for any interference. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 443. ..Category: Property Law | Date: | Hits: 26
Bombay Sweets & Co. Ltd. Vs. President, Appeal Tribunal, Customs, Excise & VAT, 2007, 36 CLC (AD)
....oner was directed to pay the VAT within 7 (seven) days and the penalty immediately, that as against the order of the respondent No.2 an appeal was filed before the writ respondent No.1 as per provisions of Section 42 of the VAT Act, that the appeal-was filed on December 8. 1996, that the ap......such tribunal had no jurisdiction to proceed with the hearing of the appeal. It was also the contended since the appellate authority did not dispose of the appeal in violation of the provisions of law as in section 42(4) of the VAT Act the imposition of penalty and demand of VAT was illegal..Category: Fiscal/Taxation Law | Date: | Hits: 69
Sk. Mohiuddin Vs. Joint District Judge and Artha Rin Adalat No. 3, Dhaka & ors, 2008, 37 CLC (AD)
.....1995. Thereafter the decree-holder bank put that decree into execution in Money Execution Case No. 283 of 2005. In that execution case the mortgaged property was tried to be sold in auction as per provision of Artha Rin Adalat Ain, 2003 but it could not be sold in auction for the reason that the......application for stay under section 44 of the Act and to grant installment payment under section 49 of the Act, but the Artha Rin Adalat failed to exercise its jurisdiction on the erroneous view of law that it became functus officio and had no jurisdiction to decide the application on merit. ..Category: Civil Law | Date: | Hits: 94
Sri Sri Hari Thakur Deb Bigraha & others Vs. Md. Abdul Hannan and others, 2006, 35 CLC (AD)
....to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 353; 16 BLT (AD) 2008, 223. ......the suit. 4. The defendant Nos.4-5 contested the suit by filing written statement denying the material allegations made in the plaint contending, inter alia, that the suit is barred by law and the suit property is a debuttar property and the suit property belonged to Sree Sree Hari T..Category: Property Law | Date: | Hits: 96
Government of Bangladesh Vs. Dhaka Memon Anjuman, 2007, 36 CLC (AD)
....pt of the copy of the judgment. 2. The facts of the case, in short, are that the writ-petitioner, Dhaka Memon Anjuman, is a charitable organization and run for charitable purposes including making provision for education and financial assistance to the poor. The writ-petitioner purchased the case......in the City of Dhaka from the list of vested property which was included by the Additional Deputy Commissioner (Revenue), Dhaka and as such, listing the property on 05.03.1997 as illegal, without any lawful authority and directing to restore vacant possession thereof to writ petitioner within 30 day..Category: Property Law | Date: | Hits: 33
Munshi Mohammad Fazlul Haque Vs. Saleh Ahmed & others, 2007, 36 CLC (AD)
....e absolute. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 332. ......eld that the co-sharer by inheritance (pre-emptor) would exclude co-sharer by purchase (pre-emptee). The High Court Division further held that the appellate court on misappreciation of the fact and law allowed the appeal. 8. Since the pre-emptor is a co-sharer by inheritance and the pre-em..Category: Property Law | Date: | Hits: 26
Dalimon Nessa Bewa and others Vs. State, 2007, 36 CLC (AD)
.... of the learned Advocate for the petitioners. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 329; 61 DLR (AD) (2009) 8. ......ary Sheikh who transferred the entire land by an oral gift in favour of Sonajan. Madary Sheikh has no male issue. Sonajan was married to Jinnat Sheikh and the later was taken as domesticated son-in-law. During C.S. operation the suit land was recorded in the name of Madary Sheikh but in the poss..Category: Property Law | Date: | Hits: 41
Most. Nurun Nahar Begum Vs. M. Abu Mohammad and others, 2007, 36 CLC (AD)
....ubmits that the learned Single Judge of the High Court Division has not applied his judicial mind properly that the doctrine of lis pendens as contemplated in Section 52 does not run counter to the provisions of Section 40 of the Transfer of Property Act contemplating reconveyance till final orde....... It appears that the High Court Division while making the Rule absolute duly considered the above submissions of the parties and arrived at a finding that the District Judge committed an error of law resulting in an error in the decision occasioning failure of justice in passing its judgment. A..Category: Property Law | Date: | Hits: 33
Raisuddin Vs. Md. Abdul Munim Chowdhury & another, 2008, 37 CLC (AD)
....sion upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 285. ......y and others in their maliki right and one Kota Ullah was a joteder in respect of the suit property and other properties. Subsequently, Kota Ullah became tenant under the Government by operation of law and he sold 0.06 acre out of the Suit Plot No.1006 to one Abdul Mannan Chowdhury by a registere..Category: Property Law | Date: | Hits: 30
State Vs. Md. Ruhul Amin and others, 2007, 36 CLC (AD)
.... there is no cogent reason to interfere with the impugned judgment. All the petitions are accordingly dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 280. ......on “on a meticulous survey of evidences, browsing materials on record and rummaging fact and circumstances of the case and embarking a research on acceptability of Dying Declaration and also law engrafted in Section 302 and 34 of the Penal Code” concluded that that the prosecution ha..Category: Criminal Law | Date: | Hits: 36
M/S. Uttara Steel Corporation Ltd & anr Vs. Learned Judge, Artha Rin Adalat & ors, 2007, 36 CLC (AD)
....not at all liable. 3. The Respondent Bank filed Artha Rin Suit No. 33 of 1999 in the Court of Sub-judge and Artha Rin Adalat No. 2, Nilphamari for realization of their claim amount under the provisions of Artha Rin Adalat Ain, 1990 and has been tried by the same Court under the said provi......Rin Adalat Ain, 2003 and, as such, the impugned execution proceedings being Money Execution Case No. 84 of 2003 renumbered from Money Execution No. 20 of 2001 is without jurisdiction, without any lawful authority and is of no legal effect; that the learned Judge, Artha Rin Adalat No. 1, Nilpham..Category: Civil Law | Date: | Hits: 89
Mohammad Iqbal Ahmed Bhuiyan Vs. Sultan Mahmud Chowdhury, 2007, 36 CLC (AD)
....n 105 of the Transfer of Property Act 1882. The above lease must be deemed to be in perpetuity and accordingly the above lease could be determined or terminated only by six months notice under the provisions of section 106 of the above Act 1882 and in the above circumstances the respondent No.1 ......on and after hearing the High Court Division on allowing the appeal decreed the suit. 6. The learned counsel for the defendant No.7/petitioner submitted that the High Court Division erred in law in granting declaratory decree simplicitor when the respondent No.1, in the facts and circumst..Category: Property Law | Date: | Hits: 27
Panchalipara Ebtedaya Madrassa Vs. Abdul Kader, 2007, 36 CLC (AD)
....e in the submissions of the learned Advocate for the petitioners. Accordingly, the application is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 256, 19 BLT (AD) (2011) 12. ......gh Court Division based its findings on surmise, conjectures and extraneous circumstances for which the findings are liable, to be struck down; that the High Court Division committed a grave error of law occasioning failure of justice in not holding to the effect that the appellate Court below on mi..Category: Property Law | Date: | Hits: 42
Korea Bangladesh Food Products Limited Vs. National Bank Limited and others, 2008, 37 CLC (AD)
....e of the auction proceeding. Though he entered into appearance but he did not take any step for satisfaction of the decretal amount. The executing Court served the notice properly by complying the provision of Rule 66 of the Order 21 of the Code of Civil Procedure. The valuation of the auctioned......site amount of money before filing appeal based on the amount of the decree which must mean that the order or the decree appealed against must arise out of the suit and it is a settled principle of law that an execution proceeding is not a suit; that Section 26 of the Artha Rin Adalat Ain applie..Category: Business or Commercial Law | Date: | Hits: 82
Abdul Kader Mirza and others. Vs. Bangladesh and others, 2007, 36 CLC (AD)
....iamentary election held on October 1,2001 and incurred anger and displeasure of the leaders of the ruling BNP-Jamaat Four-Party Alliance and because of satisfied against the writ-petitioner under the provisions of Druto Bichar Tribunal Ain, 2002. Accordingly, the vires of sections 5 and 6 of the Dru...... speedy trial. The Act puts emphasis on offence(s) specified therein but not on any particular accused and, therefore, does not offend an under-trial prisoner’s fundamental right of equality before law or equal protection of law, rather it ensures his right to speedy trial under Article 35(4) of t..Category: Criminal Law | Date: | Hits: 59
Unilac Sanowara (BD) Ltd. Vs. Bonlac Foods Limited and another, 2008, 37 CLC (AD)
....ng of the word 'Diploma' and accordingly, the same was registered in favour, of the appellant under Application No. 33243 of 11th August, 1991 for Powdered Milk in complete derogation of the provisions laid down in Sections 10(1) and 8(a) of the Trade Marks Rules, 1963 where there is prohi......Ltd. was clearly mentioned as the 'Owner’ of the trade mark 'Diploma' and the appellant was clearly mentioned as the 'User' of the said mark. Therefore, it is crystal clear that in the eye of law the appellant Unilac Sanowara (Bangladesh) Limited was not the owner of the trade mark 'Diplom..Category: Intellectual Property Law | Date: | Hits: 245
Mamunur Rashid Mamun and another Vs. Bangladesh and others, 2007, 36 CLC (AD)
....01 and the Rules issued in other writ petitions were made absolute in part holding that sections 16(1 )(2) and 18(Kha) of the Public Safety (Special Provisions) Act, 2000 are inconsistent with the provisions of the Constitution and the aforesaid sections of the Act were struck down. Since the ma......under the Public Safety Act and the police was trying to secure their arrest. Thereafter, the writ petitioner-appellants somehow procured the contents of the first information report through a lawyer, subject matter of first information report in Bhaluka Police Station Case No.1 dated 3-6-2..Category: Criminal Law | Date: | Hits: 43
BADC and another Vs. Md. Shamsul Haque Mazumder and 27 others, 2008, 37 CLC (AD)
....aken wherein some points have been allocated on the length of service of the officers of BADC and some points have been allocated on the Annual Confidential Report (ACR) of the Officers but no such provision has been laid down in the Service Rules of the writ petitioners and pursuant to the afores...... requires either issuance of a notice in advance for a period of three months or payment of salary for three months to the concerned employee. In the instant case, not even the minimum requirement of law was complied with. Moreover, the service of the petitioners was terminated in a lump in four off..Category: Employment/Service Law | Date: | Hits: 105
Bangladesh Vs. Iqbal Hasan Mahmood Tuku, 2008, 37 CLC (AD)
....Mr. Fida M Kamal, the learned Attorney-General for the appellants and Mr. Ajmalul Hossain, QC for the respondent. 8. Income tax, charged, levied, paid and collected in accordance with the provisions of the Income Tax Ordinance 1984 in respect of the total income of the income year or in......the entire proceedings in Special Case No. 6 of 2007 arising out of Complaint Case No, 33 of 2007 started against the respondent under sections 165 and 166 of the Income Tax Ordinance, 1984 without lawful authority and of no legal effect and also quashing the same for the ends of justice, ..Category: Fiscal/Taxation Law | Date: | Hits: 97
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