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Islami Bank Bangladesh Ltd. Vs. Sub-Judge and Additional Artha Rin Adalat & others, 2003, 32 CLC (AD
....ble notice of sale. But the court is not competent to make an order in a suit filed by the pawnee directing him to sell the pawned goods and ……upon adjustment of the sale proceeds, if any amount remains due then to proceed with the suit for the balance amount………......ritten statement. The said defendant filed written statement. Examination of witnesses from the side of the plaintiff was closed and examination‑in‑chief of DW 1 was held in part. At that stage of hearing of the suit the contesting defendant filed an application under Order XIV rule 2 of...... allowed. There is no order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 121. ..Category: Business or Commercial Law | Date: 28 Jan, 2003 | Hits: 112
Abdur Rashid (Md) Vs. LGRD and Cooperatives, Local Government Division and others, 2003, 32 CLC (AD)
....m unworthy of holding the office which he held". 8. The view expressed in the aforesaid reported cases can hardly be disputed or, in other words, there is hardly any reason to take a view different from the views expressed in the aforesaid reported cases as rega...... Accordingly, the petition is dismissed. Ed. Same Case Cited in: 55 DLR (AD) (2003) 72. ......the said decision "The Prescribed Authority is obliged to consider the correlation between the interest of administration or the interest of the Union Parishad vis‑a‑vis the criminal proceeding. The criminal proceeding against the Chairman must of necessity be such that the power ve..Category: Others | Date: 27 Jan, 2003 | Hits: 89
....tured corrugated iron sheets, shortly CI sheets, by the respondent No. 4, the Assistant Collector of Customs, Excise and VAT, Division‑4, Dhaka for a declaration that the same has been made without any lawful authority and of no legal effect.
3. The petitioner company carries on business in......ustoms area of the factory premises at a time before VAT Act came into force on 1-7‑1991 and enjoying exemption under the relevant law as it was, so imposition of VAT on those finished goods at the stage of delivery from, the aforesaid bank godown amounts to imposition of a tax without the sanctio......s and/or error apparent on the face of the record this petition do not merit any consideration.
This petition is dismissed.
Ed.
This Case is also Reported in: 57 DLR (AD) (2005) 58
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Category: Fiscal/Taxation Law | Date: 26 Jan, 2003 | Hits: 114
Alfazuddin Ahmed Vs. Abdur Rahman and others, 2003, 32 CLC (AD).
....ptee separated the Jama in respect of his purchased land without compliance of the provision of section 117 of the State Acquisition and Tenancy Act, 1950 and, as such, appellate Court did not commit any error in holding that the pre-emptors are the co‑sharers of the land sought to be pre......emption case is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 108. ......and by opening a separate khatian and that no appeal having been filed as against the order of the Revenue Officer allowing splitting of the jama the validity thereof cannot be opened in a collateral proceeding i.e. in a pre‑emption proceeding, before the Civil Court and that Civil Court is no..Category: Property Law | Date: 21 Jan, 2003 | Hits: 81
Govt. of BD, rep. by the Sec., Min. of Defence & ors. Vs. Md. Afzal Hossain Ansari, 2003, 32 CLC (AD
....dders and, as such, committed gross negligence of duty making him liable to be punished for misconduct and corruption. On the said allegations the respondent was served with a show cause notice accompanying statement of charges and to that he replied and thereupon an inquiry was held and the inquiry......peal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 65. ......nts (Discipline & Appeal) Rules, 1985 Rule 4 Section 4 of the Administrative Tribunal Act vested the Tribunal with the power to consider the regularity and legality of the proceeding initiated against the delinquent officer as well as to consider the proportionality of t..Category: Administrative Law | Date: 8 Jan, 2003 | Hits: 122
Securities and Exchange Commission Vs. Abu Tyeb and 10 ors. 2003, 32 CLC (AD).
....sions Judge but the High Court Division was misled as all the papers were not produced before it. 15. He has also pointed out that no such ground was taken before the High Court Division at any stage or in the concise statement filed before this court. The respondents are taking the objec......s Judge but the High Court Division was misled as all the papers were not produced before it. 15. He has also pointed out that no such ground was taken before the High Court Division at any stage or in the concise statement filed before this court. The respondents are taking the objection......rge the accused under section 265C or to frame charge against the accused under section 265D or to record the plea of guilt by the accused under section 265E. But a separate session in the court's proceeding starts from section 265F of the Criminal Procedure Code. Therefore, the High Court Divis..Category: Criminal Law | Date: 17 Dec, 2002 | Hits: 76
Captain (Rtd.) Nurul Huda Vs. State, 2003, 32 CLC (AD).
....sp; Mohammad Fazlul Karim J.- This appeal by leave is to consider as to whether the appellant could be enlarged on bail being in custody for almost six years without any trial as the further proceeding of the case has been stayed by the High Court Division in Crimi...... at about 4‑30 to 5‑00 AM her house was raided by some miscreants and the inmates of the house took shelter in the room of late Abdur Rob Sarniabat closing the doors and windows. At one stage, this, appellant along with others forcibly broke open the doors and some of them other than ......sp; Mohammad Fazlul Karim J.- This appeal by leave is to consider as to whether the appellant could be enlarged on bail being in custody for almost six years without any trial as the further proceeding of the case has been stayed by the High Court Division in Criminal Revision No. 123 of 2..Category: Criminal Law | Date: 1 Dec, 2002 | Hits: 123
Cinmoy Chowdhury and another Vs. Mridul Chowdhury and Others, 2003, 32 CLC (AD).
....able properties of her father and she also got, compensation for acquisition of some other paternal land and thus from her own source which she acquired from her father's property, she had purchased many properties including the disputed ‘Chaa' schedule land and that while plaintiffs father de......an and the appellants who are defendant Nos. 12 and 13 are the sons of Hari Mohan and the defendant No. 11 who was the wife of Mohan, died during the pendency of the proceeding at the lower appellate stage, leaving the present appellants as her heirs. 4. The case of ......ondent No. 1 is the son of Roy Mohan and the appellants who are defendant Nos. 12 and 13 are the sons of Hari Mohan and the defendant No. 11 who was the wife of Mohan, died during the pendency of the proceeding at the lower appellate stage, leaving the present appellants as her heirs. &..Category: Property Law | Date: 25 Nov, 2002 | Hits: 87
Zyta Garments Ltd. Vs. Union Bank Ltd. and another, 2003, 32 CLC (AD).
....t is established, a letter of credit is not subject to claims or defences by either the seller or the buyer. The letter of credit is an independent contract and it is not affected by any dispute between the buyer and the seller. The court will not allow interference by outsiders w......-payment of the half of the principal amount and interest but to no effect. Therefore, the plaintiff respondent Union Bank was constrained to file Money Suit No. 55 of 1999. 3. At this stage the petitioner Zyta Garments Ltd. made an application under Order I rule 10 of the Code of Ci......ary and proper party to be added in the suit and find no illegality or infirmity in its judgement calling for our interference. The leave petition is dismissed. Ed. ..Category: Civil Law | Date: 19 Nov, 2002 | Hits: 169
Tarak Chandra Majhi Vs. Atahar Ali Howlader and others, 2002, 31 CLC (AD)
....Pirojpur and the Upazila Revenue Officer, Bhandaria, Pirojpur. 3. The plaintiff filed the suit contending primarily that at no point of time between him and the defendant No. 1 there was any agreement for reconveyance of the land and that he never executed any Ekrarnama to that effect......enlargement and expert advice since the science of examination of signature writing etc. for determination of similarity through microscopic enlargement has advanced enough and has reached to the stage of accuracy and certainty as well as expertise skill is also available. 13. In case...... judgment and decree of the appellate court is restored. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 481; 8 MLR (AD) 209, 8 BLC (AD) 67. ..Category: Evidence Law | Date: 18 Nov, 2002 | Hits: 74
Asalat Zaman (Md) and others Vs. Government of Bangladesh and others, 2003, 32 CLC (AD).
.... The Arbitration Act, 1940 (X of 1940), Section 29 The Arbitrator has no jurisdiction to grant interest on the awarded amount till realisation in the absence of any agreement. The Court has jurisdiction in its discretionary power to grant ......as aforesaid with interest at the bank rate till realisation. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 139. ...... Mohammad Fazlul Karim J.- These two appeals by leave arose out of the selfsame arbitration proceeding, one at the instance of Janab Md. Asalat Zaman, the Contractor (in Civil Appeal No. 97 of..Category: Alternative Dispute Resolution | Date: 17 Nov, 2002 | Hits: 223
DC of Dhaka & ors Vs. Aziz Cooperative Housing Society Ltd. & ors, 2006, 35 CLC (AD)
....e proposed acquisition is for the public purpose or for the public interest. It has also been asserted by the writ petitioners that the notice under section 3 of the Ordinance has been issued without any approval from the Central Land Allocation Committee. Lastly it has been asserted that the notice......d under section 3 of the Ordinance for acquisition of 0.1700 acre of land have been issued without lawful authority and is of no legal effect. Accordingly the petition is dismissed. Ed. ......ision has also held that the impugned notice i.e. notice issued under section 3 of the Ordinance was issued unauthorisedly, without jurisdiction and for a purpose other than for which the acquisition proceeding has been started. 9. Mr. A. F. Hasan Ariff, the learned Attorney General submits t..Category: Property Law | Date: 16 Nov, 2002 | Hits: 72
Chair, Board of Inter. & Secn. Edn., Jessore and ors. Vs. Md. Amir Hossain & anr., 2004, 33 CLC (AD)
.... the High Court Division making the Rule absolute declaring the impugned order passed by the petitioner No. 2 vide Memo No. Prasha/10/P‑22/5/77/913 dated 12‑11-1995 as issued without any lawful authority and of no legal effect. 2. The respondent No. 1 filed an applicati......n of the principle of natural justice. 7. Thus, the submission of the learned Advocate for the petitioners merits no consideration. The petition is dismissed. Ed. ...... the officers and employees of the said Board. Annexure 3 shows that the said Committee after holding enquiry submitted report on 9‑10‑1995. But, apart from this enquiry report no enquiry proceeding could be placed before the Court by the respondents showing that on the basis of the..Category: Constitutional Law | Date: 12 Nov, 2002 | Hits: 322
Taiyaba Zaman Vs. Gias Uddin Ahmed and others, 2002, 31 CLC (HCD)
....ment of monthly rent the defendant filed Small Cause Court Suit No.6 of 2000 for his ejectment and that the defendant or her predecessor never sold the possession of the suit shop to the plaintiff in any way and that the plaintiff is a habitual defaulter in payment of rent and that the defendant als...... suit is accordingly, dismissed, however without any order as to cost. The order of stay granted earlier stands vacated. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 523. ......n‑appearance when the suit was called on for hearing, the Court shall make an order setting aside the dismissal upon such terms as to costs or otherwise as it thinks fit and shall appoint a day for proceeding the suit." 11. On a close reading of the said provision it clearly shows that i..Category: Tenancy Law | Date: 6 Nov, 2002 | Hits: 198
Ahmed Impex (Pvt) Ltd. & others Vs. Moqbul Ahmed & others, 2002, 31 CLC (AD)
....002. Result: The appeal is dismissed. The Companies Act, 1994 (XVIII of 1994), Section 38 The provision of section 38 of the Companies Act gives the Court a wide discretion to scrutinise any fraud, error or undue influence or misrepresentation in the matter of transfer of any share and ......ge of the High Court Division and accordingly, affirm the impugned judgment and order. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: ......ce for payment of the share of profits and also gave an undated cheque being No. 481‑621 for Taka 5,00,000 (Taka five lac) only in favour of respondent No.1 giving out that there was an arbitration proceeding between the company and the Power Development Board in pursuance of which he expected to ..Category: Business or Commercial Law | Date: 5 Nov, 2002 | Hits: 208
Government of Bangladesh and another Vs. MA Khair Bhuiyan, 2003, 32 CLC (AD).
....ndent while serving as Division Officer/Assistant Collector of Customs, Excise and VAT, Comilla Division, Comilla from 3‑6‑1991 to 16‑1‑1993 permitted Messers K Rahman and Company to destroy products of soft drink (Coca Cola, Fanta and Sprite as unfit for human consumption an......SOL/80 Opinion 17/1999‑1121 dated 43‑1999 after examining the records clearly expressing its opinion that no fruitful result will be available, if the appeal is filed, rather it is wastage of time and money. So, the withdrawal for non-prosecution of appeal signed by the then Se......ons connected in the matter, examined the relevant records and after observing all necessary formalities submitted report to the effect that the respondent was guilty of misconduct and a departmental proceeding was started. 3. The respondent filed the case before the Administrati..Category: Civil Law | Date: 4 Nov, 2002 | Hits: 152
Hashibul Bashar Vs. Gulzar Rahman and anr., 2004, 33 CLC (AD)
....Act has been taken on a petition of complaint, which is legally barred. This contention of the petitioner has been addressed by the High Court Division. The learned Advocate-on-Record could not place any material to persuade us to take view different from the ratio of the case reported in 1996 BLD (......tiable Instruments Act. 10. In the background of the discussion made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. ......inal Miscellaneous Case No. 7342 of 1998 discharging the Rule. 2. The Rule, upon an application under section 561A of the Code of Criminal Procedure, was obtained seeking quashing of the proceeding of Petition Case No. 3965 of 1998 of the Court of Chief Metropolitan Magistrate, Dhaka. T..Category: Business or Commercial Law | Date: 28 Oct, 2002 | Hits: 326
Ekushey Television & anr. Vs. Dr. Chowdhury Mahmood Hasan & ors. 2003, 32 CLC (AD).
....hough Mr. AS Mahmud did not participate in the tender on behalf of ETV, yet the agreement was signed between the Government of Bangladesh and Mr. AS Mahmud, in violation of Tender notice. A company under the name and style of Ekushey Television Ltd had already come into existence by the time t......d Broadcasting, should look into it, to find out whether there is any defect in the licence. 17. Lastly, ETV has become an institution of such values that it should not be killed at this stage but be protected to enhance the Constitution and the rule of law keeping in mind the right to ......ch this court will approach with much circumspection. It shall have to appreciate that the different participants involved in a proceeding for judicial review may well attach importance to different aspects to suit their interes..Category: Procedural Law | Date: 29 Aug, 2002 | Hits: 190
Secretary, Ministry of Works and another Vs. Md. Yusuf Ali Khan and others, 2002, 31 CLC (AD)
..... 3. The respondent No. 3, Dhaka Improvement Trust, filed a written statement denying the material allegations contained in the plaint and stating, inter alia, that DIT does not recognize any agreement to transfer DIT lands without prior permission and without paying the transfer fee ......hat prior written permission of DIT is necessary in execution of a bainapatra for sale and the High Court Division fell into an error of law in overlooking the said provision and holding that the stage for obtaining permission has not yet reached." He next contends that the High Court ......scussion we lo not fined any substance for allowing the appeal. The appeal is dismissed without any order of costs Ed. This Case is also Reported in: 1 ADC (2004) 312. ..Category: Contract Law | Date: 21 Aug, 2002 | Hits: 1110
Maico Jute and Bag Corporation Vs. Bangladesh Jute Mills Corporation & others, 2002, 31 CLC (AD)
.... The petition is dismissed. The Arbitration Act, 2001 (Act No. I of 2001), Section 10 It is absolutely the domain and the discretion of the court to grant the relief sought for or to grant any other general or other relief that may be thought fit and proper. In the instant case allowing ......impugned judgment and do not find any illegality or infirmity with impugned judgment for our interference. The petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) 23. ......2002) Judgment Mohammad Fazlul Karim J.- The plaintiff-petitioner seeks leave to appeal against the impugned judgment of the High Court Division making the Rule absolute staying all further proceeding of Money Suit No. 31 of 2001 pending in the 5th Court of Subordinate Judge (now Joint Dis..Category: Alternative Dispute Resolution | Date: 20 Aug, 2002 | Hits: 280
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