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S. M. Iqbal Hossain Vs. Managing Director, I F I C Bank Ltd., 2006, 35 CLC (AD)
....that the High Court Division took a correct view in the matter and as such the impugned judgment does not call for our interference. The petition is, therefore, dismissed. Ed. ...... On December 26, 1990 he submitted application for extension of his leave upto January 15, 1991. He was, however, served with charge sheet on November 2, 1991 containing allegation of unauthorised absence and was asked to show cause. The show cause submitted by him being found unsatisfactory an ......that the High Court Division took a correct view in the matter and as such the impugned judgment does not call for our interference. The petition is, therefore, dismissed. Ed. ..Category: Employment/Service Law | Date: | Hits: 78
Md. Marfat Ali Miah Vs. Sree Jagadish Chandra Sheel and others, 2006, 35 CLC (AD)
....in question the situation contemplates in section 37 of the PDR Act and to be determined by the certificate-officer alone while there is no allegation of fraud, since the Respondent Nos.1 and 2 are totally strangers in all .respect to the certificate proceeding or in other words they are neither ....... The Other Class Suit No. 82 of 1991 is restored to its file and number. The trial Court is directed to dispose of the suit expeditiously. There is no order as to costs. Ed. ...... Additional Divisional Commissioner, Dhaka Division Dhaka and the order dated March 14, 1991 passed in Certificate Case No. 2-42/89 passed by the Land Appeal Board, Dhaka are illegal, void, without jurisdiction and not binding upon the plaintiff. 2. The Second Certificate Appeal No.88 of..Category: Civil Law | Date: | Hits: 77
Md. Yousuf Ali Vs. Kazi Syed Shamsul Hoque and others, 2006, 35 CLC (AD)
....n cannot be sustained and so the appeal should be allowed. 22. The appeal is, therefore, allowed. In the facts and circumstances we direct the parties to bear their own costs. Ed. ......n cannot be sustained and so the appeal should be allowed. 22. The appeal is, therefore, allowed. In the facts and circumstances we direct the parties to bear their own costs. Ed. ......d be a 'resident' of the area. It is not denied that in the application for appointment the appellant mentioned his address at Ayesha Fakirair Ban, Moulaipara, Uttar Agrabad, Chittagong within the jurisdiction of the area of Ward No. 24 Agrabad under Chittagong City Corporation and in support th..Category: Constitutional Law | Date: | Hits: 178
Abdul Majid Molla Vs. Biswajit Chandra (minor) & others, 2006, 35 CLC (AD)
....he learned Advocate for the petitioner could not point out any legal infirmity in the judgment of the High Court Division. 9. Accordingly, the leave petition is dismissed. Ed ......he learned Advocate for the petitioner could not point out any legal infirmity in the judgment of the High Court Division. 9. Accordingly, the leave petition is dismissed. Ed ...... for declaration of title, confirmation of possession and for further declaration that the lease granted in favour of defendant No.1 in lease Case No.XII-E-129/1969-70 is illegal, void and without jurisdiction on the assertions, inter alia, that the suit land described in the schedule-1 to the pl..Category: Property Law | Date: | Hits: 51
Government of the People’s Republic of Bangladesh Vs. Abdur Rahman and others, 2006, 35 CLC (AD)
....fixed the price of per acre of nul land at Tk.50,00,000/- and thereupon awarded Tk. 8,50, 000/- for the acquired land i.e. 17 decimals of nul land and the statutory compensation of Tk. 1,73,000/-, in total 10,20,000/-. Since the Respondent earlier received compensation of Tk. 2,73,964/-, the Arbitra......itration Appellate Tribunal. In view of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with cost to be paid by the appellant No. 1. Ed.......amount awarded exceeded 10% of the award made by the Deputy Commissioner. 3. As against the order of the Arbitration Appellate Tribunal the Respondents moved the High Court Division in revisional jurisdiction and obtained the Rule in the aforementioned revisional case. It was contended by the Re..Category: Property Law | Date: | Hits: 58
Government of Bangladesh and others Vs. Md. Shahjahan Gazi, 2006, 35 CLC (AD)
....cided the case and there is no legal infirmity or illegality in the impugned judgment of the High Court Division to warrant our interference. Accordingly, this petition is dismissed. Ed. ......cided the case and there is no legal infirmity or illegality in the impugned judgment of the High Court Division to warrant our interference. Accordingly, this petition is dismissed. Ed. ......of the High Court Division. It appears that the High Court Division found that mere starting of a Criminal Case can not be a ground that he is guilty unless he is convicted by a court of competent jurisdiction and the High Court Division also found that the petitioner's licence was cancelled und..Category: Criminal Law | Date: | Hits: 42
A. R. A. Jute Mills Limited Vs. Janata Bank and others, 2006, 35 CLC (AD)
....t the High Court Division correctly decided the matter and as such it does not call for our interference. 24. In view of the discussion made above, the petition is dismissed. Ed. ......reme Court has been consulted and the action in question has been taken with the approval of the President as evident from the gazette notification published to that effect inasmuch as even in the absence of such notification sub-section (3) of section 4 of the Ain provides that the jurisdiction......trial court after hearing the parties rejected the said application by order dated 15.03.2001. 6. Reiterating the aforesaid averments the petitioner moved the High Court Division in its writ jurisdiction under Article 102 of the Constitution praying for declaring aforesaid sub-sections (2..Category: Banking Law | Date: | Hits: 121
....the said purchased raw materials in the accounts register manufactured medicine by the said raw goods and supplied the same for the purpose of evading huge amount of taxes and thus for realization of total non-paid VAT of Tk.67,59,921.15/- filed the case. Thereafter, the respondent No.3 adjudicating......ayment of VAT which the petitioner avoided to pay is an appealable order in our view, the High Court Division rightly refused to issue the Rule.
6. Accordingly, the petition is dismissed.
Ed.
......ayment of VAT which the petitioner avoided to pay is an appealable order in our view, the High Court Division rightly refused to issue the Rule.
6. Accordingly, the petition is dismissed.
Ed.
..
Category: Fiscal/Taxation Law | Date: | Hits: 85
Md. Habibur Rahman Vs. M/S. Uttara Bank Ltd., 2005, 34 CLC (AD)
....our discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) 59. ......our discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) 59. ......stating that decree was passed by the Court in Rangpur and that the decree was also put into execution in Rangpur and that the property which was sold in auction is located in Rangpur town within the jurisdiction of the Court of Subordinate Judge, Rangpur and hence the plaint of the suit so filed in..Category: Civil Law | Date: | Hits: 130
Md. Shafique Ahmed Vs. Bangladesh, 2006, 35 CLC (AD)
....-IV) of the Supreme Court of Bangladesh (Appellate Division) Rules, 1988. 4. In the aforesaid premises, this petition merits no consideration and accordingly, it is dismissed. Ed. ......-IV) of the Supreme Court of Bangladesh (Appellate Division) Rules, 1988. 4. In the aforesaid premises, this petition merits no consideration and accordingly, it is dismissed. Ed. ......ideration of the materials on records rightly found that the petitioner has no vested, right for the area in question and his appointing authority is authorized under the law to curtail the area or jurisdiction in view of the decision of this Division reported in the case of Kazi Md. Aminul Isla..Category: Others | Date: | Hits: 106
Al-haj Mohammad Seraj-ud-Dowla and others Vs. The Secretary, Ministry of works, 2006, 35 CLC (AD)
....or selling the disputed property; that the plaintiff No.1 submitted tender through his sister Jahanara Begum quoting Tk. 18,00,000/- (Tk. eighteen lacs) only as price of the disputed property; that total 5 tenders were submitted by the intending buyers among which Mr. S.M. Altaf Hossain was the h......ommitted any error or illegality and no case for interference by this Division has been made out, we find no merit in the petition for leave to appeal. Accordingly, it is dismissed. Ed. ......ommitted any error or illegality and no case for interference by this Division has been made out, we find no merit in the petition for leave to appeal. Accordingly, it is dismissed. Ed. ..Category: Property Law | Date: | Hits: 54
Messres MS Jafar Vs. Subordinate Judge, 3rd Court, Dacca & others, 1980, 9 CLC (AD)
....point of view we do not find any substance in this point. This appeal and the petition for special leave are dismissed but we make no order as to costs. Ed. This Case is also Reported in: ...... to the proceedings and with effect from the submission of such application the Government of Bangladesh shall cease to be a party to such proceedings and if such proceedings cannot continue in the absence of the Government of Bangladesh, the proceedings shall abate. And that was done. It is to ......point of view we do not find any substance in this point. This appeal and the petition for special leave are dismissed but we make no order as to costs. Ed. This Case is also Reported in: ..Category: Others | Date: | Hits: 106
Com. of In. Tax, Dacca Zone, Dacca Vs. M/S. Badridas Full-chand, Saidpur, Rangpur, 1981, 10 CLC (AD)
....pective of whether the firm is registered or unregistered. Sub-section (5) of section .23 draws distinction between the registered and unregistered firm and it comes into operation only after total income of the firm has been computed was assessed under one of the earlier sub-sections. As r...... has been rejected by separate order". Then he proceeds with recording an order under section 26A "The application for renewal of registration has not been filed within time. In the absence of account it is also not ascertain-able whether the terms of partnership deed in sharing t......w renewal of registration of the firm for the years in question and the reference was answered in the affirmative. 3. Leave was granted to consider whether the Income-Tax Officer was in his jurisdiction to refuse the renewal of the registration of the firm in view of section 23(4) of the ..Category: Fiscal/Taxation Law | Date: | Hits: 76
Jamal Soap Factory, Narayanganj Vs. Commissioner of Income Tax, Dacca Zone, Dacca, 1980, 9 CLC (AD)
....hall be charged, for any year at any rate or rates, tax at that rate or those rates shall be charged for that year in accordance with, and subject to the provisions of, this Act in respect of the total income of the previous year or the previous years, as the case may be, of every person. P......ates to the income for the period 1365 B.S. suffers from want of jurisdiction. In the result, the appeal is allowed and the question is answered in the negative. We make no order as to costs. Ed. ......which the Income-Tax Officer was not competent to do. 7. Mr. C.R. Ali, the learned Advocate appearing for the appellant rightly submitted that the purported consent of the assessee could not give jurisdiction to make an illegal assessment by the Income-Tax Officer which the Income-Tax Act does n..Category: Fiscal/Taxation Law | Date: | Hits: 78
S.M. Quddus & ors Vs. Chairman, Labour Court, Ctg. & anr, 1981, 10 CLC (AD)
.... provides, in our opinion, sufficient justification for granting termination benefits instead of reinstatement. In that view of the matter, the petitions are dismissed. Ed. ...... provides, in our opinion, sufficient justification for granting termination benefits instead of reinstatement. In that view of the matter, the petitions are dismissed. Ed. ......on. The High Court, however, did not find any ground for interference. Hence the petitioner contended that the High Court Division failed to appreciate that the Labour Court acted without jurisdiction in directing the employer to give termination benefits to the petitioners instead of d..Category: Labour and Industrial Law | Date: | Hits: 110
Siddique Ahmed Chowdhury & others Vs. Gani Ahmed and others, 1979, 8 CLC (AD)
....is is a question of fact and hardly arises in this appeal by special leave. For the foregoing reason, we dismiss the appeal with costs. Ed. This Case is also Reported in: 33 DLR (AD) 1. ......the context of these facts, it was held by the Privy Council, on a review of some earlier decisions, that there is no absolute rule of law that a deed of gift by a pardanashin woman is invalid in the absence of proof that she had independent advice. The absence of independent advice is a fact to be ......is is a question of fact and hardly arises in this appeal by special leave. For the foregoing reason, we dismiss the appeal with costs. Ed. This Case is also Reported in: 33 DLR (AD) 1. ..Category: Property Law | Date: | Hits: 53
Abdul Jabbar Khan @ Jabbar Khan & ors Vs. State and another, 1980, 9 CLC (AD)
....oned in the original complaint petition and sent up for trial by the police and he will be guided by the principles enunciated above. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 247 ......oned in the original complaint petition and sent up for trial by the police and he will be guided by the principles enunciated above. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 247 ......could take cognizance of the offence against persons who were not named in the complaint petition but against whom evidence made out a prima facie case. It was held that the Magistrate was within his jurisdiction to take cognizance against the persons not named in the complaint petition and he takes..Category: Criminal Law | Date: | Hits: 60
Bangladesh Vs. Hail Abdul Gani Biswas and others, 1980, 9 CLC (AD)
...., seven years: Provided that any such usufructuary mortgage may be redeemed at anytime before the expiry of the said period, on payment of an amount which shall bear the same proportion to the total consideration money received by the mortgagor, as the unexpired period bears to the total ...... "either" by way of an out and out sale with an agreement to reconvey the expression or was a mere grammatical requirement which as has been contended by the learned Attorney General is that in the absence of any amendment such expression could have been supplied by the Court as cause omisus. Even......ion of the High Court Division set aside and remitted back to the High Court Division for disposal. There will be no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 233 ..Category: Property Law | Date: | Hits: 85
Wahid Ali and ors Vs. State, 1980, 9 CLC (AD)
....e the orders of the High Court and that of the Sessions Judge and direct that the proceedings are to continue in accordance with law. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 229 ......e the orders of the High Court and that of the Sessions Judge and direct that the proceedings are to continue in accordance with law. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 229 ......ent Judgment January 29, 1980. The Special Powers Act, 1974 (Act XIV of 1974), Section 27 The Code of Criminal Procedure, 1898 (Act V of 1898), Section 435 While exercising Revisional jurisdiction in a case under sections 449, 307,380 and 324 of the Penal Code, the District and Sessi..Category: Criminal Law | Date: | Hits: 33
M/s. Hossain Ahmed Vs. M/s. H. D Hossain & Brothers, 1980, 9 CLC (AD)
.... allowed with cost and the order of the High Court Division in staying the operation of the order of the District Judge is set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 223 ...... allowed with cost and the order of the High Court Division in staying the operation of the order of the District Judge is set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 223 ......56 of the Specific Relief Act the plaintiff respondents were entitled to any relief by way of interlocutory injunction in their suits and whether the High Court Division was correct in exercising its jurisdiction in granting stay of the operation of the order passed by the learned District Judge whi..Category: Others | Date: | Hits: 94
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