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Muhammad Kamaruzzaman Vs. The Government of Bangladesh, 2015, 44 CLC (AD)
....ion, the Court is to ensure that in the pretext of review, re-hearing of the whole matter is not initiated. To succeed a postulant must show that this Division resorted to a fundamental error of law, which remains apparent on the face of the judgment. One of the most striking examples woul......of Abdul Quader Molla Vs. The Chief Prosecutor, it was held that because of the protective provisions power of the Appellate Division may be invoked only when there does not exist any other provision and that this Division can invoke its inherent powers, not curtailed by Article 47A (2), under rule ......criminal matter can be made on the ground of an error apparent on the face of the record. A review does not confer a right in any way to a litigant. It is now well settled that a review of an earlier order is not permissible unless the Court is satisfied that material error, manifest on the face of ..Category: Criminal Law, International Crimes Tribunal Law | Date: 5 Apr, 2015 | Hits: 60
....r the circumstances, respondent No.1, by following the provision as laid down in section 111 of the Act, passed the impugned office orders and, as such, the impugned demand-cum-show cause notices are lawful and the Rules are liable to be discharged.
7. Mr. Md. Shohidul Islam, the learned Advoca......is also Reported in: 68 DLR (HCD) (2016) 98
......hy;posed of by this common judgment.
2. In Writ Petitions No. 9714 of 2014 and 10088 of 2014, the petitioner— M/s. Ananda Shipyard & Slipways Limited has challenged the legality of the orders under Nothi Nos. ৫(১৩)৩৪৮/কাস-বন্ড/লাইঃ/২০০৪/পা..
Category: Fiscal/Taxation Law | Date: 2 Apr, 2015 | Hits: 0
Asek Elahi Vs. Jalal Ahmedand others, 2012, 41 CLC (AD)
....edand others.......................Respondents Judgment March 14, 2012. Result: The appeal is dismissed. Sections 95 and 95A are special laws promulgated for the protection of poor tenants, maliks or raiyats from the clutches of the mone...... Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Md. Shamsul Huda J Asek Elahi.......................................Appellant Vs. Jalal Ahmedand others.......................Respondents Judgment March......by Md. Nawab Ah, Advocate-on-Record—For Respondent No.1(b). None Represented—For Respondent Nos.1 (a), 1(c)-1(d), 2-49. Civil Appeal No. 335 of 2003. (From the judgment and order dated the 12th day of July, 2000 passed by the High Court Division in Appeal from Appellate De..Category: Property Law | Date: 14 Mar, 2015 | Hits: 45
Aminul Karim (Md.) Vs. Government of Bangladesh and others, 2015, 44 CLC (HCD)
....ame Division Bench, the writ petition can be heard on merit without hearing the petitioner. ...... (8) When cases of Criminal and Civil proceeded concurrently— The proposition of law which is consistent and no longer a resintegra is that a criminal case and civil case though ari......ial Original Jurisdiction) Present: Md. Ashfaqul Islam J Kashefa Hussain J Aminul Karim (Md.)....................................Petitioner Vs. Government of Bangladesh and others............ Respondents Judgment March 9, 2015. Result: The Rule is d...... Double Mooring Police Station Case No. 12 of 2013. It is at this stage the petitioner who is also an accused in the aforesaid two criminal cases moved this Division and obtained the present Rule and order of stay. 5. None appears for the petitioner though this writ petition came up for hearing..Category: Banking Law, Procedural Law | Date: 9 Mar, 2015 | Hits: 0
Nurul Huda (Md.) Vs. State, represented by the DC, Lalmonirhat, 2015, 44 CLC (AD)
....Yasmin Rumi, was given in marriage to the accused. At the time of marriage, the accused demanded dowry of Taka 50,000, but he gave Taka 20,000. After marriage, his daughter went to her father-in-law's house and started living there. After 6/7 months of her marriage, his daughter inform......(ka) of section 11 does not speak of any hurt grievous or simple, it has prescribed two kinds of punishments (i) sentence of death if anyone causes the death of a ‘নারী’ for dowry and (ii) imprisonment for life if anyone attempts to cause death of a ‘নারী’ for......quo;নারী’ for dowry and (ii) imprisonment for life if anyone attempts to cause death of a ‘নারী’ for dowry and in both the cases, fine has to be also imposed. So, in order to convict a person and to sentence him under clause-(ka) of section 11, there must be evidenc..Category: Criminal Law, Women and Children | Date: 8 Mar, 2015 | Hits: 18
....sued by the respondent No.2 so far as it relates to serial No. 8 cancelling the petitioner's Arms Licence No.31/98 (Annexure-'A' to the writ petition) should not be declared to be without lawful authority and of no legal effect and/or such other or further order or orders passed as to th...... Original Jurisdiction)
Present:
Moyeenul IslamChowdhury J
Md. Ashraful Kamal J
Hafizur Rahman Nafor...................Petitioner
Vs.
Secretary, Ministry of Home Affairs and others.........Respondents
Judgment
March 2, 2015.
Result:
The ......elling the petitioner's Arms Licence No.31/98 (Annexure-'A' to the writ petition) should not be declared to be without lawful authority and of no legal effect and/or such other or further order or orders passed as to this Court may seem fit and proper.
2. The case of the petitioner,..
Category: Constitutional Law | Date: 2 Mar, 2015 | Hits: 23
Sarker and other Vs. Md. Nasibuddin and others, 2015, 44 CLC (AD)
....section 60 of the Registration Act on 20-7-1974, that is, he did not file pre-emption within four months from the date of registration of the disputed deed, the High Court Division committed error of law in not holding that the application for pre-emption was barred by limitation. 5. Mr. K......10. ...... Kliurshid Alam Khan, Advocate, instructed by Gias Uddin Ahmed, Advocate-on-Record—for the Respondents. Civil Petition for Leave to Appeal No. 489 of 2015. (From the judgment and order dated 8-9-2014 passed by the High Court Division in Civil Revision No.107 of 2000.) Judgm..Category: Civil Law, Tenancy Law | Date: 1 Mar, 2015 | Hits: 24
Ramjan Ali Tarafder (Md.) Vs. Bangladesh and others, 2015, 44 CLC (HCD)
....Sub-Registry Office, Khulna and sale deed No.5352 dated 25-4-2011 (Annexure-B-1) of Sadar Sub-Registry Office, Jessore should not be declared to have been made by the respondent No.1 without any lawful authority and is of no legal effect." 2. The back ground leading to the Rule, in sh...... Division (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J Kashefa Hussain J Ramjan Ali Tarafder (Md.).......................Petitioner Vs. Bangladesh and others...... ...............Respondents Judgment February 22, 2015. &...... section 12(4) read with 33(2) of Ain the auction was held has no legs to stand. Since the auction of the concerned property of the petitioner was not sold in auction in pursuance of a decree or order as envisaged under section 33 of the Ain but the auction was made prior to filing of the suit ..Category: Banking Law | Date: 22 Feb, 2015 | Hits: 7
...., 7 Court, Dhaka.
2. We have perused the FIR, the Police report and the impugned judgment of the High Court Division. Learned counsel appearing for the petitioner has raised a technical point of law and submits that the respondent M Sahabuddin Ahmed was fugitive from justice and he never appear......;
Hasan Foez Siddique J
Durnity Daman Commission, represented by its Chairman, Dhaka….....Petitioner
Vs.
M Sahabuddin Ahmed and others .......................Respondents
Judgment
February 19, 2015.
Result:
......t cannot quash a proceeding. The judgment of the High Court Division is set-aside.
This petition is accordingly disposed of.
Ed.
This Case is also Reported in: 20 BLC (AD) (2015) 176
..
Category: Constitutional Law | Date: 19 Feb, 2015 | Hits: 9
Mosharaf Hossain (Md.) Vs. Bangladesh and others, 2015, 44 CLC (HCD)
....ted 24-11-2011 (Annexure-D-2) passed by the Joint District Judge and Artha Rin Adalat, 1st Court, Jessore in Artha Rin Execution Case No. 11 of 2007 should not be declared to have been passed without lawful authority and is of no legal effect. 2. Short back ground facts, relevant for the dispos......ision (Special Original Jurisdiction) Present: Sheikh Hassan Arif J Mustafa Zaman Islam J Mosharaf Hossain (Md.)..........................Petitioner Vs. Bangladesh and others...... …………………..Respondents Judgment......For the Respondent No. 3. Writ Petition No. 10216 of 2011. Judgment Sheikh Hassan Arif J. — Rule Nisi was issued calling upon the respondents to show cause as to why the impugned order being No. 59 dated 24-11-2011 (Annexure-D-2) passed by the Joint District Judge and Artha Rin ..Category: Administrative Law, Others | Date: 17 Feb, 2015 | Hits: 4
Ali Haider Chowdhury Vs. State, represented by the DC, Dhaka and another, 2015, 44 CLC (AD)
....ring investigation and that continuance of this criminal proceeding against him in an abuse of the process of the Court and that the High Court Division without considering this important question of law discharged the Ruleand, as such, the impugned judgment should be set-aside. 7. We have cons......na J Syed Mahmud Hossain J Ali Haider Chowdhury…………………………. Petitioner Vs. State, represented by the DC, Dhaka and another………….Respondents Judgment February 11, 2015. R...... by Md. Aftab Hossain, Advocate-on-Record—For the Petitioner. None Represented—Respondents. Criminal Petition for Leave to Appeal No. 151 of 2013. (From the judgment and order dated 8-11-2012 passed by the High Court Division in Criminal Miscellaneous Case No. 20499 of ..Category: Criminal Law | Date: 11 Feb, 2015 | Hits: 16
Shamvunath Karmaker and another Vs. State and another, 2015, 44 CLC (HCD)
....া (Trap Case) প্রস্তুত করিতে বা পরিচালনা করিতে পারিবেন।” There is no bar in catching red-handed any person by any law enforcing agency if the Commission has not been informed or assistance of Commissioner is n...... DLR (HCD) (2015) 320 ......rnity Daman Commission Rules, 2007 as Trap case and the required proceeding have not been complied with. After hearing both the parties the learned Senior Special Judge, Joypurhat passed an order rejecting the applications under section 265-C of the Code of Criminal Procedure by its order ..Category: Anti-Corruption Laws, Procedural Law | Date: 10 Feb, 2015 | Hits: 4
....artment of Patents Designs and Trade Marks and
another................Respondents
Judgment
February 9, 2015
Result:
The petition is disposed of.
Question of law of substantial importance
Question raised before this Court was not raised either before th......Md. Imman Ali J
AHM Shamsuddin Chowdhury J
Sohan Kumar Agarwala....................Petitioner
Vs.
Assistant Registrar, Department of Patents Designs and Trade Marks and
another................Respondents
Judgment
February......R Khosnabish, Advocate-on-Record—For Respondent No. 2.
None Represented—For the Respondent No. 1.
Civil Petition for Leave to Appeal No.1004 of 2011.
(From the judgment and order dated the 23rd day of January, 2011 passed by the High Court Division in Trade Mark Appeal No...
Category: Intellectual Property Law | Date: 9 Feb, 2015 | Hits: 20
State Vs. Engineer Monjurui Ahsan Munshiand another, 2015, 44 CLC (AD)
....t afresh. The leave petitions are accordingly, disposed of with the above observations and directions. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 149 ...... Syed Mahmud Hossain J Hasan Foez Siddique J State………………………….Petitioner Vs. Engineer Monjurui Ahsan Munshiand another……………………….Respondents ......ocate instructed by Md. Wahidullah, Advocate-on-Record-For the Respondent.(In both the cases) Criminal Petition for Leave to Appeal No. 511 of 2011 with 462 of 2013. (From the judgment and order dated 23-6-2011 passed by the High Court Division in Criminal Appeal No. 5948 of 2007) Or..Category: Criminal Law | Date: 2 Feb, 2015 | Hits: 11
Jahirul Haque and another Vs. State, 2015, 44 CLC (AD)
....ned Deputy Attorney General, submits that the prosecution has been able to prove the ingredients of section 394 of the Penal Code against petitioners beyond all reasonable doubt, there is no error of law in the judgment and order of conviction and sentence passed by the Courts below. 9. The cha......vision (Criminal) Present: Md. Abdul Wahhab Miah J Md.lmman Ali J Hasan Foez Siddique J Jahirul Haque and another................Petitioners Vs. State......................................Resp...... Biswajit Deb Nath, Deputy Attorney-General (appeared with the leave of the Court)—For the Respondent. Criminal Petition for Leave to Appeal No. 210 of 2012. (From the judgment and order dated 15-12-2011 passed by the High Court Division in Criminal Appeal No. 1780 of 2004.) ..Category: Criminal Law | Date: 19 Jan, 2015 | Hits: 5
....ash;The Assessee-applicant Star Vegetable Oils Limited filed the instant Income Tax Reference Application, under section 160(1) of the Income Tax Ordinance 1984, formulating the following question of law, seeking opinion from this court;
“In the circumstances and facts whether the Taxes A......a..………………....Respondent
Judgment
January 14, 2015
Result:
The question formulated for determination is answered in the negative and in favour of assessee.
The Income Tax Ordinance, 1984 (Ordinance No.XXXVI of 1984)
Sec......e, 1984 (Ordinance No.XXXVI of 1984)
Sections 83(2), 177 and 154(3)
In the circumstances and facts whether the Taxes Appellate Tribunal Division Bench-03 Dhaka was justified maintaining the order of the Commissioner of Taxes (Appeal) without disposing the appeal on merit.
The Taxes Ap..
Category: Fiscal/Taxation Law | Date: 14 Jan, 2015 | Hits: 1
....o. 163 of 2014
And
I.T. Reference Application No. 170 of 2014.
Judgment
AFM Abdur Rahman J.— These 3(three) Income Tax Reference Applications having involved the question of law based upon similar set of facts, have been heard analogously and now disposed off by this single......hellip;………………Respondent
Judgment
January 12, 2015
Result:
The question formulated for determination is answered in the negative and in favour of assessee.
Questions formulated for determination:
In Income Tax Referenc...... the Income Tax Ordinance, 1984. In the instant case, the Deputy Commissioner of Taxes did not comply the provision of section 83(2) of the Income Tax Ordinance 1984 while writing the assessment order, although the DCT concern felt inadequacy of evidence as to the genuinity of the claimed incur..
Category: Fiscal/Taxation Law | Date: 12 Jan, 2015 | Hits: 1
....eal on merit afresh.
The leave petition is accordingly, disposed of with the above observations and directions.
Ed.
This Case is also Reported in: 20 BLC (AD) (2015) 127.
......uddin Chowdhury J
Anti-Corruption Commission, represented by its Chairman.........Petitioner
Vs.
Haji Md. Salim and another.................Respondents
Order &n......by Mahmuda Begum, Advocate-on-Record—For the Petitioner.
None Represented—For the Respondents.
Criminal Petition for Leave to Appeal No. 438 of 2011.
(From the judgment and order dated 2-1-2011 passed by the High Court Division in Criminal Appeal No. 3537 of 2009)
Ord..
Category: Criminal Law | Date: 12 Jan, 2015 | Hits: 6
....(Rule No. 141 (Ref) of 2011)
Income Tax Reference Application No. 156 of 2006
(Rule No. 143 (Ref) of 2011)
Judgment
Zinat Ara J.— More or less similar facts and questions of law are involved in Income Tax Reference Applications No. 20 of 2005, 21 of 2005, 22 of 2005, 23 of ......dent (In all the cases)
Judgment
January 11, 2015
Result:
The question (a) to Income Tax Reference Applications No. 20 of 2005, 21 of 2005, 22 of 2005, 23 of 2005, 24 of 2005 and 156 of 2006 formulated for determination is answered in the affirmative in favou......ome Tax Reference Application No. 20 of 2005
(Assessment year 2003-2004)
(a) Whether, in the facts and circumstances of the case, the Taxes Appellate Tribunal was justified in upholding the orders of the Commissioner of Taxes (Appeals) and the Deputy Commissioner of Taxes in disallowing&nb..
Category: Fiscal/Taxation Law | Date: 11 Jan, 2015 | Hits: 1
Islami Bank Bangladesh Limited Vs. Commissioner of Taxes, 2015, 44 CLC (HCD)
.... 2005 (Rule No.141(Ref) of 2011) Income Tax Reference Application No.156 of 2006 (Rule No.143(Ref) of 2011) Judgment Zinat Ara J.- More or less similar facts and questions of law are involved in Income Tax Reference Applications No. 20 of 2005, 21 of 2005, 22 of 2005, 23 of ......dent (In all the cases) Judgment January 11, 2015 Result: The question (a) to Income Tax Reference Applications No. 20 of 2005, 21 of 2005, 22 of 2005, 23 of 2005, 24 of 2005 and 156 of 2006 formulated for determination is answered in the affirmative in favou......rence applications have been heard together and are being disposed of by this common judgment. 2. Income Tax Reference Application No.20 of 2005 (assessment year 2003-2004) has arisen out of the order dated 25.10.2004 passed by the Taxes Appellate Tribunal, Division Bench-3, Dhaka (the Tribunal..Category: Fiscal/Taxation Law | Date: 11 Jan, 2015 | Hits: 58
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