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Dhirendra Nath Mondal Vs. Agrani Bank Ltd and others, 2010, 39 CLC (HCD)
....hulna, impleading the respondents as defendants for a declaration that the preliminary decree dated 30-2-1997 and final decree dated 12-3-2001 passed in Artha Rin Suit No.35 of 1996 covering the property of the plaintiff was illegal, collusive, inoperative and not binding upon him. 3. The ......Islam Siddiqui J Borhanuddin J Dhirendra Nath Mondal..................Appellant Vs. Agrani Bank Ltd and others.............Respondents Judgment Jun......s as defendants for a declaration that the preliminary decree dated 30-2-1997 and final decree dated 12-3-2001 passed in Artha Rin Suit No.35 of 1996 covering the property of the plaintiff was illegal, collusive, inoperative and not binding upon him. 3. The plaintiff's case, in short, ..Category: Civil Law | Date: 7 Jun, 2010 | Hits: 6
Md. Sahab Uddin Vs. State and another, 2010, 39 CLC (HCD)
.... Instrument Act, now pending in the Court of learned Metropolitan Sessions Judge, Chittagong, should not be quashed and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. The facts leading to filing of this application under section 561A of the Code briefly......2012) 467. ......utch Bangla Bank Ltd., Jublee Road Branch, the bank of the payee, for collection, but all the cheques were returned due to insufficiency of fund. Thereafter, as stated in the petition of complaint, a legal notice dated 30.11.2008 was issued by the payee upon the accused petitioner claiming the amoun..Category: Civil Law | Date: 30 May, 2010 | Hits: 43
Abul Hashem Vs. State, 2010, 39 CLC (HCD)
.... the informant worked in faovur of him in the previous UP Election. This P.W. denied the defence suggestions that nothing was seized by the police in presence of him andthe same wasonly a proper transaction and he deposed falsely. 34. P.W.12 Abul Hashem, owner of Mayabee Studio, Kas......sp;18 BLC (HCD) (2013)16. ...... to prove the case against the appellants, beyond all reasonable doubt and, as such, the learned trial Court ought to have acquitted the appellants but without considering the said principle of law illegally convicted the appellants. The learned Senior Counsel further submits that in the instant cas..Category: Evidence Law | Date: 26 May, 2010 | Hits: 8
Commissioner of Customs and others Vs. M/S. Sunlit Fashion Limited, 2010, 39 CLC (AD)
....e notice was issued upon the respondent referring to sub-sections (2) and (3) of section 13. On the other section 111 as mentioned in the notice dated 23.7.2001 provides for demanding duty on goods improperly removed from warehouse and in case of improper removal of the warehoused goods in respect o......) 54, VIII ADC (2011) 29. ......y the imported fabrics, in the above letter they, in terms of sub- section (2) and (3) of section 13 of the Customs Act, 1969, was asked to show cause within 7 days and in case of failure appropriate legal action should not be taken against them. The respondent further stated that they, having not r..Category: Fiscal/Taxation Law | Date: 19 May, 2010 | Hits: 63
Roshanally Mohamed Harji and another Vs. AKM Zakir Hossain and another, 2010, 39 CLC (HCD)
....nd to defendant No.2, hence the suit with prayer that 'a decree be passed directing defendant No.1 and 2 to execute and register the sale deed in question in favour of the plaintiff in respect of the property in suit on accepting the contractual sale money less than the amount already paid as earnes...... (HCD) (2012) 532 . ......tive asset on both sides as to the terms of the contract, it is sufficiently definite and certain, the parties have the capacity to the contract, it is upon a valuable consideration and is not be illegal…………………………………(15) The contract must have the essentials of a ..Category: Property Law | Date: 12 May, 2010 | Hits: 133
Aftab Automobiles Ltd Vs. Superintendent Customs, Excise & VA, 2010, 39 CLC (HCD)
....ditor-General and for that purpose he or any person authorized by him in that behalf shall have access to all records, books, vouchers, documents, cash, stamps, securities, stores or other government property in the possession of any person in the service of the Republic. (2) Without prejudice ...... Jurisdiction of Concerned VAT officer In case a petitioner takes excess rebate of VAT, the concerned VAT officer under section 9 (2) of the VAT Act has lawful Jurisdiction to cancel the rebate and adjust it on the current account register of the petitioner by necessary order. ......................General—For the Respondent. Writ Petition No.8525 of 2008. Judgment Zinat Ara J.- In this application under article 102 of the Constitution, the petitioner called in question the legality of the letter under Nothi No.4/Mashak (f) Sthaniyo Rajoswa Audit/2007-2008/08/634 dated 8-9..Category: Fiscal/Taxation Law | Date: 10 May, 2010 | Hits: 6
Bangladesh Vs. Raj Rajashore Cakra Narayan Jiue Deity and others, 2010, 39 CLC (HCD)
....uit for declaration of title in the suit land. 5. The defendant contested the suit by filing written statement denying the material facts of the plaint contending, inter alia, that the suit property was non-retainable khas land i.e. fishery, bil, hat and bazaar belonging to the ex-rent rec......J Bangladesh, represented by the Deputy Commissioner, Sirajgonj……………………Appellant Vs. Raj Rajashore Cakra Narayan Jiue Deity and others………………………Respondents J......er Class Suit No.398 of 1981 is hereby affirmed. Send down the lower Court records at once. Shahidul Islam J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 340. ..Category: Evidence Law | Date: 10 May, 2010 | Hits: 161
Nazma Sarwar and others Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....prisoner who is a fugitive from law. The appeal filed by the counsel on the basis of the power of attorney executed by Gul Hassan in favour of Khawaja Mohammad Khan before his absconsion was thus not properly constituted and had been dismissed by the High Court on that ground alone. 10. When an......0) 359; 17 MLR (HCD) (2012) 412. ......ed in Special Case No.11 of 2008 (arising out of Gulshan P.S. Case No.26(1)08 by the Special Judge, Court No.7, Dhaka, Should not be declared to have been passed without lawful authority and is of no legal effect. 2. None appeared for the petitioner when the matter was taken up for hearing. Mr...Category: Procedural Law | Date: 6 May, 2010 | Hits: 109
Sarwar Hossain Moni Vs. State and another, 2010, 39 CLC (HCD)
....ed to dispose of the case as expeditiously as possible. Let a copy of this order be communicated to the Court concerned immediately. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 510....... Division (Criminal Miscellaneous Jurisdiction) Present: Md. Fazlur Rahman J Syeda Afsar Jahan J Sarwar Hossain Moni……………………………Accused-Petitioner Vs. State and another…………………………Opposite Parties Judgment May 6, 2010. Result: ......nant presented the cheque through IFIC Bank Bangshal Branch on 10-6-2008 for encashment but it was bounced with the remarks “Insufficient of funds” on 15-6-2008. Then the complainant served a legal notice on 22-6-2008 under section 138 of the Negotiable Instrument Act, 1881 demanding payment..Category: Banking Law | Date: 6 May, 2010 | Hits: 573
Abdul Qadir and others Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....her hand, Mr. Arobinda Kumar Roy, the learned Assistant Attorney-General appearing for the opposite parties supports the impugned order dated 10.7.2008 which was according to him just, correct and proper. He submits that since the miscellaneous case was allowed on the basis of consent of both th......d in: 15 MLR (HCD) (2010) 473. ......ns of Rule 13(1), Order IX C.P.C. which resulted in the failure of justice and as such the impugned order is liable to be set-aside. Mr. Haider finally submits that the impugned order is not only illegal as well as contrary to the provisions of Order IX Rule 13 C.P.C and also perverse and cryptic..Category: Procedural Law | Date: 28 Apr, 2010 | Hits: 4
Amina Khatun and others Vs. State and others, 2010, 39 CLC (HCD)
....atun and others..................Appellants Vs. State and others..............................Respondents Judgment April 26, 2010. Result: The appeal is allowed. No property can be declared as enemy or abandoned property after 1969 As per decision of the Appel......ted in: 18 BLC (HCD) (2013) 106. ......andoned property after 1969. It can be relied upon the case of Government of Bangladesh Vs. Paresh Chandra Gharani, 50 DLR(AD) 70 wherein it has been held that when the Government failed to prove the legal foundation for enlisting the suit property in the census report of the vested property and the..Category: Property Law | Date: 26 Apr, 2010 | Hits: 9
Abu Borhan Khan Khokon Vs. The State & another, 2010, 39 CLC (HCD)
....Since the notice was issued through registered post with AD and thus it is deemed to be served on and received by the accused petitioner, so it can be legally presumed that the notice has been served properly as per article 17 of General Clauses Act. The accused petitioner nowhere in his entire peti......ties Judgment April 25, 2010. Result: The Rule is discharged. Case Referred to- Nizamuddin Mahmood Vs. Abdul Hamid Bhuiyan, 60 DLR (AD) 195, Ali Akkas Vs. Enayet Hossain and others, 17 BLD (AD) 44. Lawyers Involved: None appears - For the Petitioner. Niza......pears from application is that the petitioner never received the alleged notice under section 138 of the Negotiable Instruments Act, 1881, that the complainant at first by his learned advocate sent a legal notice under section 138 of the Negotiable Instruments (Amendment) Act, 2006 on 22.08.2006 but..Category: Banking Law | Date: 25 Apr, 2010 | Hits: 177
Sheikh Hasina Vs. State and another, 2010, 39 CLC (HCD)
....ow pending in the Court of Divisional Special Judge, Dhaka so far the petitioner is concerned should not be quashed and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. The fact relevant for disposal of the rule, in short, is that one Md. Golam Mostafa,......gh Court Division (Criminal Miscellaneous Jurisdiction) Present: Md. Shamsul Huda J Abu Bakar Siddiquee J Sheikh Hasina................Accused-Petitioner Vs. State and another..............Opposite-Parties Judgment April 22, 2010. Result: The ......n on admitted facts no case stands against the accused; (2) Where the institution and continuation of the proceeding amounts to an abuse of the process of the Court; (3) Where there is a legal bar against the initiation or continuation of the proceeding; 4) In a case where the all..Category: Criminal Law | Date: 22 Apr, 2010 | Hits: 107
Kazi Md. Abdul Basit Vs. State, 2010, 39 CLC (HCD)
....iser is a public servant within the meaning of Clause Ninth of Section 21 of the Penal Code i.e. every officer of the Government whose duty it is as such officer, to take, receive, keep or expend any property on behalf of the Government or to execute any revenue process or to investigate or to repor...... GA. Monterio 1957AIR (SC) 13 (1889) ILR 26 Cal 158 (DB) AIR 1973 SC 33; P.P. Unnikrishnan Vs. Puthyottil Ahkulty AIR 2000 SC 2952; S. Kuppuswami Rao Vs. The King, AIR 1949 FC1; Swesh Kumar Bhikamchand Jain Vs. Pandey Ajay Bhushan, AIR 1998 SC 1524; P.K Pradhan Vs. State, AIR 2001 SC 2547; Abdul A......iminal Petition for Leave to Appeal before this Court. 8. Mr. Joynul Abedin, the learned Advocate-On-Record appearing on behalf of the petitioner submits that the High Court Division committed illegality in passing the impugned judgment and order dated 10.02.2009 in discharging the Rule and fai..Category: Criminal Law | Date: 13 Apr, 2010 | Hits: 119
Md. Amzad Hossain Sarder alias Bhojey and others Vs. State, 2010, 39 CLC (HCD)
.... 325 and additional charge under Section114 of the Penal Code against the petitioner No.1 should not be set aside and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. The facts relevant for the disposal of this rule, in short, is that one Kazi Md. Ata......LR (HCD) (2012) 416. ......cation under Section 439 of the Code of Criminal Procedure. 4. Mr. A.Y. Masihuzzaman the learned Advocate appearing for the accused petitioner submits that the learned Sessions Judge committed illegality in framing charge by rejecting the application under Section 265C of the Code of Criminal P..Category: Evidence Law | Date: 12 Apr, 2010 | Hits: 8
Md. Osman Gani alias Faruq Mia Vs. Deputy Commissioner and others, 2010, 39 CLC (HCD)
.... on him. Mere appearance of the Government Pleader without furnishing Vokalatnama duly signed by the concerned authority of the Government and without their instruction, it cannot be treated as proper appearance in suit by the Government where there is an allegation that summons were shown to...... Supreme Court High Court Division (Civil) Present: Syed Md. Ziaul Karim J Md. Osman Gani alias Faruq Mia……………………Petitioner Vs. Deputy Commissioner and others……………………….Opposite parties Judgment April 6, 2010. Result......- For the opposite parties. Civil Revision No.1662 of 2009. Judgment Syed Md. Ziaul Karim J.- This Rule, at the instance of plaintiff Respondent petitioner, calls in question the legality and propriety of Judgment and order dated 10-02-2009 passed by learned Additional District ..Category: Procedural Law | Date: 6 Apr, 2010 | Hits: 111
M/S. Golden Match Works Limited Vs. Customs, Excise and VAT Appellate Tribunal, 2010, 39 CLC (HCD)
....the Tribunal. 16. We do not find any merit in the Rule which is accordingly discharged without any order as to cost. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 249. ...... SM Emdadul Hoque J M/S. Golden Match Works Limited, Katirhat, North Kattali, Police Station-Pahartoli, District-Chittagong……………………Petitioner Vs. Customs, Excise and VAT Appellate Tribunal, represented by its President, Jiban Bima Bhaban, (4th Floor), 10, Dilk......ny under section 37(2) of the VAT Act, 1991 (herein after referred to as Act) for allegedly evading payment of VAT, should not be declared to have been passed without lawful authority and is of no legal effect. 2. Facts leading to issuance of the Rule, in short, are that pursuant to an irre..Category: Fiscal/Taxation Law | Date: 25 Mar, 2010 | Hits: 8
....4.07.2007. The respondents are hereby directed to release the Bank Guarantees in accordance with law if submitted by the petitioner.
Ed.
This Case is also Reported in: 17 MLR (HCD) (2012) 437.
......ision
(Special Original Jurisdiction)
Present:
Md. Ashfaqul Islam J
SM Emdadul Hoque J
Shabnam Vegetable Oil Industries Limited, having its Factory at 194 Tarabo, Rupgonj, Narayanganj and Head Office at 83, Khatungonj, T.K, Bhaban, Chittagong………………………..Petitioner
......) passed by the respondent No.3 on the ex-Bond Bills of Entry No.238393, No.238396 and No.238397 all dated 12.07.2007 should not be declared to have been passed without lawful authority and are of no legal effect and why they should not be directed to assess the petitioner's goods imported under Let..
Category: Fiscal/Taxation Law | Date: 25 Mar, 2010 | Hits: 134
Sayeda Nasima Sarwar Vs. Government of Bangladesh, 2010, 39 CLC (HCD)
....er, communicated vide Memo No. Dudak/173-2007(Anu:-2)/4776 dated 08.07.07, issued by the respondent No.3, evidenced by Annexure-A to the writ petition, requiring submission of statement of assets and properties standing in the name of the writ petitioner or his wife or in the name of his dependents;......ellip;…………………Petitioner Vs. Government of Bangladesh, Represented by the Secretary, Ministry of Home Affairs, Bangladesh Secretariat, Dhaka and others……………………………&h......(5) of the Emergency Power Rules, 2007, corresponding to G.R. No.880 of 2007, now pending before the Chief Judicial Magistrate, Barisal should not-be declared to be without lawful authority and of no legal effect. 2. Pending disposal of the Rule, further proceedings of the case were stayed so f..Category: Anti-Corruption Laws | Date: 22 Mar, 2010 | Hits: 103
Safiat Sobhan Vs. Anti-Corruption Commission and others, 2010, 39 CLC (HCD)
....e submits that the writ petitioner is an individual tax payee having his separate Tax Identification Number and the ACC, if they so wish, may serve a notice under section 26(1) of the ACC Act for any property which may be in his possession. He points out that in the aforementioned decision it was he......al Jurisdiction) Present: Md. Imman Ali J Md. Abu Tariq J Safiat Sobhan………………….Petitioner Vs. Anti-Corruption Commission and others………Respondent Judgment March 22, 2010. Result: Th......2004 read with section 109 of the Penal Code, now pending before the Special Judge, Court No.1, Dhaka should not be declared to have been initiated and continued without lawful authority and is of no legal effect. 2. The facts of the case relevant for disposal of this Rule, in brief, are that a..Category: Anti-Corruption Laws | Date: 22 Mar, 2010 | Hits: 189
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