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.... it was expressed that any law, enacted subsequent to the proclamation of the Constitution, that conflicts with any fundamental right provision, is void ab-initio, and anything done, whether closed, completed, inchoate, will be wholly illegal.
197. In M.P.-V-Bharat Singh (AIR 1967 SC 1170) it w......nothing done in derogation to it’s command, can enjoy any recognition through the conduit of law, and as such, the purported suspension of the Constitution by Hussain Muhammed Ershad was thoroughly barren of authority as was his de-facto assumption of power through a purported proclamation of mart..
Category: Constitutional Law | Date: | Hits: 482
....scribed form and in the prescribed manner relating to the sales made in each quarter.
(2) If the Deputy Commissioner of Taxes is satisfied that the return sent under sub-section (1) is correct and complete, he shall make an assessment on the basis thereof and determine the amount of tax payable a...... provision laid down in section 28(1) of the Act.
(c) She sent tax return for the assessment years 1975-76 and 1976-77 but no assessment having been made by the DCT within 6 years, the same became barred under section 28 of the Act and consequently, the entire amount of tax deducted at source Tak..
Category: Fiscal/Taxation Law | Date: | Hits: 69
Tofazzal Hossain (Md) and others Vs. Momtaz Begum & others, 1999, 28 CLC (HCD)
....were produced before the learned trial Court by a special messenger and since then the said records are lying with the case records of the present pre-emption case. The parties thus had full view and complete knowledge of the case records of Mutation Case No.68 of 1990-91 and they led evidence in th......turia in Miscellaneous (Pre-emption). No.5 of 1995 allowing pre-emption are affirmed. Send down the lower Court records immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 223...Category: Property Law | Date: | Hits: 31
Dr. Mohiuddin Khan Alamgir Vs. Government of the People’s Republic of Bangladesh, 2010, 39 CLC (AD)
....d in question except by an election petition presented to such authority and, in such manner as may be provided for by or under law made by the Parliament and, in such view of the matter there is a complete ouster of jurisdiction in entertaining writ petition in the matter of election disputes exc...... rejection of nomination paper set aside in accordance with law, are of no consequence. The leave petition is accordingly dismissed. Ed. This Case is also Reported In: 62 DLR (AD) (2010) 425...Category: Election Law | Date: | Hits: 127
State Vs. Moslem, 2002, 31 CLC (HCD)
.... be based on Judicial confession if it is established that it is true and voluntary and is substantiated by other evidences, whether direct or circumstantial and materials on record. 60. We are in complete agreement with the decisions rendered by Bishesh Adalat that the confession was true and vo......24 to 26 lay down when confessions are not relevant, i.e. provable, while sections 27 to 29 are limitations to their operation. Section 24 excludes confessions obtained by inducement, etc. Section 25 bars all confessions made to police officers under any circumstances, whether voluntary or involunta..Category: Criminal Law | Date: | Hits: 82
Arun Bhowmick & others Vs. Salim Reza & others, 1987, 16 CLC (HCD)
....eriously ill and was suffering from Chronic Asthma and bronchitis for the last 2(two) months from the date of issuing of the Medical certificate and he was unable to move and the Doctor advised him complete rest. The learned Munsif decided the miscellaneous Case on the basis of the petition for re......rder dated 13.9.84 passed by the learned Munsif is hereby restored. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 199. ..Category: Procedural Law | Date: | Hits: 95
Falu Mia & others Vs. Safar Ali & others, 1988, 17 CLC (HCD)
....t has jurisdiction, in terms of Article 103(1) "to hear and determine appeals from judgments, decrees, orders or sentences of the High Court Division." 16. The Appellate Division has also full and complete powers to receive additional evidence in the appeal, if necessary, because Article 104 of t...... of final hearing of the Rule. 13. The first objection raised by both Mr. Rafiqur Rahman and Mr. Miah Abdul Gafur, learned Advocates for the opposite parties, is that the present application is barred by limitation. 14. Section 14(2) of the Limitation Act in terms means that the petitioners..Category: Property Law | Date: | Hits: 29
Sufia Islam Shila and another Vs. Shakhawat Hossain and others, 2001, 30 CLC (HCD)
....to law deleting the portion and comment about possession of the parties which will be determined only by the court after recording evidence from both the sides. The learned trial Court is directed to complete the hearing on the objection against the report of the Advocate Commissioner within 3 month...... stating, inter alia, that the landed properties recorded in CS plot Nos. 657, 671 and 672 of CS Khatian No.5168 described in the schedule ‘A’ in the plaint originally belonged to Rajani Mohan Kaibarta Das, Monhar Kaibarta Das and Radhika Mohan Kaibarta Das and CS Khatian was prepared correctly ..Category: Property Law | Date: | Hits: 28
Ahsan Karim Jinnah Vs. Meghna Insurance Company Limited & others, 1999, 28 CLC (HCD)
.... to emphasise the insistence of compliance with the provisions of the section and the Act. 13. Sub-section (3) of section 38 of the Companies Act, 1994 contemplates that in order to be a valid and complete transfer of share for the company to register in its register of members the instrument of ...... by rectifying its register of members. In view of the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 160. ..Category: Company Law | Date: | Hits: 203
Udayan Garments (Pvt.) Ltd. Vs. Bangladesh and others, 2007, 36 CLC (HCD)
.... by a statute wherein the Adalat, on the prayer of the decree holder- bank, authorises to sell so much of the judgment debtor's non-exempt property as is necessary to satisfy the decree and render it complete with the consequence that nothing remains to be done to make it a complete and effective de......s). Md. Mafizur Rahman Mazumder, Deputy Attorney-General with Nahid Mahtab, Assistant Attorney-General with Nahid Sultana, Assistant Attorney-General—For Government (In all Writ Petitions). Akbar Ameen Babul, Advocate—For Respondent No. 3 (In Writ Petition Nos. 6611 & 6612 of 2004). ..Category: Constitutional Law | Date: | Hits: 168
Bura Yunus and others Vs. State, 2007, 36 CLC (HCD)
.... purpose running through the acts to support a joinder of charge in respect thereof when the accusation against the accused is that they carried out a single scheme by successive acts and there was a complete unity of project and the whole series of acts were so linked together by one motive and des......ation, the informant along with his force secretly reached nearer to that house and tactfully reached the roof-top, and apprehended appellants Khokan and Swapan. From the possession of Khokan a one-barrel gun, a bullet loaded with the gun, and from the possession of Swopan two bombs were recovered..Category: Criminal Law | Date: | Hits: 90
Mark Builders Limited Vs. Commissioner of Taxes, 2007, 36 CLC (HCD)
.... with the return, he shall serve a notice under sub-section (1), requiring the assessee to appear either in person or through a representative or produce the evidence that the return is correct and complete. After hearing the person or his representative and/or considering the evidence produced pu......r observations. Let a copy of this order be also sent to the Chairman of the National Board of Revenue for guidance and proper action. Ed. This Case is also Reported in: 59 DLR (2007) 463...Category: Fiscal/Taxation Law | Date: | Hits: 99
New Zealand Milk Brands Ltd. Vs. Unilac Sanowara (BD) Ltd. & ors., 2005, 34 CLC (HCD)
....is the lawful proprietor of the said mark. It is alleged that the registration of trademark under application No. 62724 for milk powder, filed by opposite party No. 1, registered on 28-11-1999, is in complete derogation of the provisions laid down in sections 10(1) and 8(a) of the Act whereby regist......1 has obtained registration of the impugned trademark by suppression of material facts and by falsely claiming to be proprietor of the mark. The petitioner claims that the opposite party No. 1 is debarred under the law from making any claim over the trademark of the petitioner and the registration..Category: Intellectual Property Law | Date: | Hits: 187
Samiran Haider and others Vs. Bangladesh and others, 2006, 35 CLC (HCD)
....e found unfit in medical examination or if any adverse information is found on police verification or if the officer married or promised to marry a foreign national. Initially, all candidates were to complete a two-year probationary period and the service of the officers would be subjected to the Ru......ticle can only be invoked when no other alternative equally efficacious remedy is available. Thus, the remedy available at the Administrative Tribunal pursuant to Article 117 of the Constitution is a bar to the remedy under Article 102(2) of the Constitution. As for the provision for enforcement o..Category: Employment/Service Law | Date: | Hits: 107
Abdul Mannan Sheikh (Md) Vs. Soleman Bewa and others, 2007, 36 CLC (HCD)
....sel refers the case of Nurul Islam and others vs Azimon Bewa reported in 51 DLR 451 wherein it is held— "The transaction of heba-bil-Iwaz is, in fact, a sale. Therefore, as a sale cannot be completed without price being paid heba-bil-Iwaz also cannot be called valid unless ewaj is paid." ....... The defendant contested the suit by filing a written statement denying all material allegations made in the plaint, contending, inter alia, that the suit is not maintainable in its present form and barred by limitation, that while the plaintiff lived with him in the same mess and boarding, and due..Category: Property Law | Date: | Hits: 26
State Vs. Kajal Ahmed Jalali, 2007, 36 CLC (HCD)
....pellant Humayun Kabir @ Phool Mia. 113. Mr. Hasen Foez Siddique, adopting the submissions made by learned Advocate Mr. TH Khan, submits further that if evidence of a solitary, eye-witness is found complete, cogent, consistent, above reproach and he is found disinterested witness having integrity,......posed of by this judgment. 4. Prosecution case may, in short, be stated as follows: Deceased Shahjahan Howlader Shujan, aged about 33 years, of village Rupashdi, Banchharam-pur, district Brahmanbaria, was the son of the informant Hena Akhter and previously he was Vice-President of Dhaka Univ..Category: Criminal Law | Date: | Hits: 109
Md. Abdul Khaleque and another Vs. Manik Chandra Sheel and others, 2010, 39 CLC (AD)
.... on her so as to pass her own interest i.e. life interest to the alienee. There is no dispute that Monmohan Sheel, the husband of the defendant No.2 died before R.S. operation. The R.S. operation was complete almost 60 years before. Therefore, the payment of arrears of rents and debts in question wi......of the above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is Reported in: 16 MLR (AD) 2011, 16. ..Category: Property Law | Date: | Hits: 29
Mokim alias Md. Mokim Vs. State, 2002, 31 CLC (HCD)
....n 43 DLR 614 that when the very taking of a cognisance of an offence, the framing of acquisition and the trial upon charges in both the scheduled and non‑scheduled offences together suffered from a complete lack of jurisdiction, this could not at all be considered to be a mere defect in the framin......cross-examination that the defence case is that the case was false and before the alleged date of occurrence the sister of the victim was caught with one Atiar Rahman, son of Mojibur Rahman in a Panbaraj while they were committing unsocial activities, over which there was a salish. Accused Omar, O..Category: Criminal Law | Date: | Hits: 38
Ambia Khatun Vs. Bangladesh and others, 2009, 38 CLC (AD)
....ght or interest in the building has not been affected by the provisions of PO No. 16 of 1972. But in the facts and circumstances of the case when the State has devised an alternative forum for giving complete relief to the appellant, the learned judges observed, she could not invoke the writ jurisdi......ce in the submissions of the learned Counsel for the appellant. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 200. ..Category: Property Law | Date: | Hits: 30
M.A. Hai and others Vs. Trading Corporation of Bangladesh, 1987, 16 CLC (HCD)
....einafter referred to as the Rules of 1984 are being followed by the Corporation from 21.7.84. 3. In the Rules of 1976, the authority could prescribe a time-limit within which the inquiry should be completed by the Inquiry Officer. No con-sequence was provided for if the time-limit could not be ad......in Sarker J M.A. Hai............................Petitioner (In Writ Petition No. 83 of 1985) Md. Wazed Ali Miah.........Petitioner (In Writ Petition No. 137 of 1985) Md. Ishaque Khan & Akbar Ali Mallick..............Petitioners (In Writ Petition No. 355 of 1985) Md. Moslem ............Category: Employment/Service Law | Date: | Hits: 80
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