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Abdul Qadir and others Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....ing the impugned order allowing the miscellaneous case under Order IX Rule 13 C.P.C. after long lapse of 4 years 5 months from the date of decreeing Title Suit No.241 of 1999 ex-parte ignoring the provisions of Rule 13(1), Order IX C.P.C. which resulted in the failure of justice and as such the ......eous case stating that both the parties given consent to set-aside the ex-parte decree. 8. Mr. Haider next submits that the learned Joint District Judge, Narayangonj has committed an error of law in passing the impugned order allowing the miscellaneous case under Order IX Rule 13 C.P.C. af..Category: Procedural Law | Date: 28 Apr, 2010 | Hits: 4
Amina Khatun and others Vs. State and others, 2010, 39 CLC (HCD)
....n Title Suit No.351 of 1994 is set-aside. Title Suit No.351 of 1994 is decreed. Send down the lower Court records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 106. ......uit property in the census report of the vested property and the plaintiffs led some evidence in support of their interest in the suit property the Appellate Court decreed the suit on correct view of law......(8) To be vested a property must have factual basis and legal foundation Claim by..Category: Property Law | Date: 26 Apr, 2010 | Hits: 9
Abu Borhan Khan Khokon Vs. The State & another, 2010, 39 CLC (HCD)
....eby framed charge against the petitioner under section 138 of the Negotiable Instruments Act, 1881. The said charge was read over to him to which he pleaded not guilty and demanded to be tried as per provision of law. 4. The accused petitioner preferred a revisional application before this Cour......arge against the petitioner under section 138 of the Negotiable Instruments Act, 1881. The said charge was read over to him to which he pleaded not guilty and demanded to be tried as per provision of law. 4. The accused petitioner preferred a revisional application before this Court, and on the..Category: Banking Law | Date: 25 Apr, 2010 | Hits: 177
Sheikh Hasina Vs. State and another, 2010, 39 CLC (HCD)
.... now pending in the Court of Divisional Special Judge, Dhaka is quashed in respect of the petitioner. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 22; 30 BLD (HCD) (2010) 429 .......hould not normally be inferred.” 14. As regards quashing of proceeding in a Criminal Case the Appellate Division has set up five categories which are as follows: "The settled principle of law is that to bring a case within the purview of section 561A for the purpose of quashing a proceed..Category: Criminal Law | Date: 22 Apr, 2010 | Hits: 107
Kazi Md. Abdul Basit Vs. State, 2010, 39 CLC (HCD)
....r arrived at a correct decision which does not require any interference by this Court. Accordingly, the leave petition is dismissed. This Case is also Reported in: 17 MLR (AD) (2012) 219. ......rs while the informant along with other RAB personnel on petrol duty, received a secret massage regarding unloading of some contraband goods brought in breach of prohibition or restriction imposed by law from 2 covered-vans at No.5, Outer Circular Road, Meheruma Shopping Centre! that at about 17:10 ..Category: Criminal Law | Date: 13 Apr, 2010 | Hits: 119
Md. Amzad Hossain Sarder alias Bhojey and others Vs. State, 2010, 39 CLC (HCD)
.... Result: The rule is discharged. Status of post mortem report when there is eye witness The post mortem report is not a conclusive evidence. It is mere piece of evidence as per the provision of the Evidence Act. It is one of the evidence and where there are eye-witness the Court c......not inclined to interfere with the impugned order. In the result, the rule is discharged. Communicate the order forthwith. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 416. ..Category: Evidence Law | Date: 12 Apr, 2010 | Hits: 8
Md. Osman Gani alias Faruq Mia Vs. Deputy Commissioner and others, 2010, 39 CLC (HCD)
....nted by sufficient cause from appearing but “ন্যায় বিচারের খাতিরে”।Court cannot exercise inherent power where relief is provided and claimed under a specific provision of law". 5. On the same point he refers the case of Reazul Hoque Molla Vs. Afizu......cient cause from appearing but “ন্যায় বিচারের খাতিরে”।Court cannot exercise inherent power where relief is provided and claimed under a specific provision of law". 5. On the same point he refers the case of Reazul Hoque Molla Vs. Afizullah Molla al..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)
....e appeal on 14.10.2004 under sub-section (1) of section 42 of the VAT Act and from that date since 12 months had elapsed and the appeal could not be disposed of within that period, by operation of provision of section 42(4) of the Act, the appeal was deemed to have been allowed by the Tribunal. ......0.00 upon the petitioner-company 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..Category: Fiscal/Taxation Law | Date: 25 Mar, 2010 | Hits: 8
....on. He further submits that the petitioner submitted the ex-bond Bills of Entry on 04.07.2007 and on that day the customs duty was 0% but the respondent-customs authority without considering the said provision of laws issued the impugned orders imposing 5% customs duty without assigning any cogent r......zzaman, Assistant Attorney-General - For the Respondents.
Writ Petition No. 6460 of 2007 and 6461 of 2007.
Judgment
SM Emdadul Hoque J.- In these Rules, similar facts and common question of law having been involved, those were heard analogously and are being disposed of by this single Judg..
Category: Fiscal/Taxation Law | Date: 25 Mar, 2010 | Hits: 134
Sayeda Nasima Sarwar Vs. Government of Bangladesh, 2010, 39 CLC (HCD)
.... by this Court at the time of issuance of the Rule is hereby vacated. Let a copy of this judgment be communicated at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 350. ......on Act, 2004 and Rule 15Gha(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 o..Category: Anti-Corruption Laws | Date: 22 Mar, 2010 | Hits: 103
Safiat Sobhan Vs. Anti-Corruption Commission and others, 2010, 39 CLC (HCD)
.... by this Court at the time of issuance of the Rule is hereby vacated. Let a copy of this Judgment be communicated at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 511. ......(2) and 27(1) of the ACC Act, 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 t..Category: Anti-Corruption Laws | Date: 22 Mar, 2010 | Hits: 189
....submitted that the High Court Division ought to have considered that the শেরে বাংলা কৃষি বিশ্ববিদ্যালয় আইন, ২০০১ does not provide any provision to appoint staffs on ad-hoc basis and in absence of such provision whether the appointment......ularization of the service of the writ-petitioners and the matter was purely domestic affairs of the University Authority. The learned Advocate further submitted that the High Court Division erred in law and facts and misdirected itself in holding that there has been discrimination in not confirming..
Category: Employment/Service Law | Date: 22 Mar, 2010 | Hits: 92
Md. Tofazzel Hossain and others Vs. People's Republic of Bangladesh, 2010, 39 CLC (HCD)
....y the Respondent No.8 IFIC Bank from Bangladesh Bank. 37. CIB reports are prepared by the Bangladesh Bank as per the information provided by the concerned banks. 38. As such due to such provisions the bank are bound by the specific provision of not advancing any kind of banking facili...... out them name from C/B ledger of Bangladesh Bank as defaulters which was done illegally. But the Respondent paid no heed to the prayers of the petitioners. Accordingly the petitioners through his lawyer sent a demand of justice notice to the Respondents Nos.3 and 6 but no response was received...Category: Civil Law | Date: 16 Mar, 2010 | Hits: 7
Abdur Rouf Chowdhury (Md.) Vs. Mirza Shahabuddin Ispahani and others, 2010, 39 CLC (HCD)
.... Procedure Code, the proper course for the party (a review being out of question) is to apply for the admission of additional evidence either under the general principles of law or under the specific provision of Order XLI, rule 27 which lays down that the appellate Court may for any other substanti......e plaintiff and defendant No.1-3 being deed No.6944 for the year of 1993 registered in the office of the Sub-Registrar, Gulshan, Dhaka, stands cancelled and the earnest money paid thereunder has been lawfully forfeited, and direct defendant No.15-6-1993 in his office. Plaintiff also prayed for decla..Category: Procedural Law | Date: 10 Mar, 2010 | Hits: 13
Sheikh Hasina Wazed Vs. Government of Bangladesh, 2010, 39 CLC (HCD)
....ge as framed is liable to be set aside, to herald the demise of the whole proceeding. Mr. Anisul Haque was of the view that the charge as purportedly framed was undoubtedly in breach of the mandatory provision of the law which requires the charge framing Court to ensure the presence of the accused, ...... figure of the Republic’s oldest political party, was not before the learned Court below at the time of the charge hearing because of her ailment. She was only represented by her duly empowered lawyer Ms. Shahara Khatun. The charge was therefore framed in her absence. 7. In impugning the ..Category: Anti-Corruption Laws | Date: 9 Mar, 2010 | Hits: 228
Sheikh Hasina Vs. Bangladesh & others, 2010, 39 CLC (HCD)
....as not maintainable because of the availability of a remedy under Section 561 A of the Code of Criminal Procedure and then categorically expressed that when a case raises question of law and requires provisions of a statute to be interoperated, remedy under article 102 of the Constitution is more ap......though the Rule in response to instant petition was issued to require the respondents to show cause as to why the impugned decision reproduced above, should not be declared to have been taken without lawful authority, when the Rule was taken up for disposal, the learned Advocates for the Petitioner ..Category: Anti-Corruption Laws | Date: 4 Mar, 2010 | Hits: 102
Sheikh Hasina Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....as not maintainable because of the availability of a remedy under Section 561 A of the Code of Criminal Procedure and then categorically expressed that when a case raises question of law and requires provisions of a statute to be interpreted, remedy under article 102 of the Constitution is more appo......though the Rule in response to instant petition was issued to require the respondents to show cause as to why the impugned decision reproduced above, should not be declared to have been taken without lawful authority, when the Rule was taken up for disposal, the learned Advocates for the Petitioner ..Category: Anti-Corruption Laws | Date: 4 Mar, 2010 | Hits: 131
....Durniti Daman Commission Bidhimala, 2007 is ultra vires the Durniti Daman Commission Ain, 2004. He pointed out that Section 32 of the Act, which relates to the granting of sanction, does not have any provision for delegation of power. On the other hand, he pointed out that section 20, specifically p......ore the Special Judge, Court No.3, Dhaka and the impugned Memo No.C-25/2007 (Tadanta-2)/8386 dated 20.9.2007 issued by respondent No.2 should not be declared to have been initiated and issued without lawful authority and is of no legal effect."
2. Pending disposal of the Rule the proceedin..
Category: Anti-Corruption Laws | Date: 4 Mar, 2010 | Hits: 145
State Vs. Secretary, Ministry of Home Affairs, 2010, 39 CLC (HCD)
....tted by the law enforcing agencies and the judiciary, but at the same time, they should refrain from identifying children who are alleged to have committed criminal offences and are again reminded of provisions of 17 of the Children Act and the sanction that is provided under section 46 of the Child......Dhaka and others....Respondents. Judgment March 1, 2010. Result: The Rule is disposed of with observations. The Penal Code, 1860 (XLV of 1860); section 82 It is a tragedy that the law enforcing agencies are unaware of the fundamental laws of the country, namely s. 82 of the Penal..Category: Women and Children | Date: 1 Mar, 2010 | Hits: 177
Dr. Md. Nazimuddin and others Vs. Md. Abdur Rahman Siddique and others, 2010, 39 CLC (HCD)
....tion of interest of the parties. A remedial act is not necessarily becomes retrospective unless it has been given retrospective effect by express terms or necessary intendment. There is no express provision giving retrospective effect of any existing law. Therefore, the Bankruptcy Act, 1997 is n......t necessarily becomes retrospective unless it has been given retrospective effect by express terms or necessary intendment. There is no express provision giving retrospective effect of any existing law. Therefore, the Bankruptcy Act, 1997 is not a retrospective legislation but a prospective legi..Category: Civil Law | Date: 25 Feb, 2010 | Hits: 7
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