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Chairman, National Board of Revenue and others Vs. Beximco Infusions Ltd., 1999, 28 CLC (AD)
....ed under the Act to encourage investment in the industry in private sector and to provide necessary facilities and assistance in the establishment of Industries. Section 3 of the Act says that the provisions of the Act and the rules made thereunder shall have effect notwithstanding anything to t......ompany then moved (or driven to) the High Court Division in writ for relief which it got after two years of waiting. 7. By the impugned judgment the High Court Division upon considering the law and facts of the case declared the orders issued by petitioners No. I and 2 and impugned in th..Category: Business or Commercial Law | Date: | Hits: 112
Abdur Rahman and others Vs. State, 1999, 28 CLC (AD)
....and sentence passed against the appellants are not sustainable in law. Consequently, the appeal is allowed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 33. ......inal Procedure, 1898 (V of 1898) Section 238 The Penal Code, 1860 (XLV of 1860) Section 342 Alteration of the conviction under sections 342/34 of the Penal Code cannot be legally and lawfully done while disposing of an appeal arising from the judgement of the Special Tribunal under..Category: Criminal Law | Date: | Hits: 76
Governing Body of Kapilmuni College Vs. Sheikh Roushan Ali & Others, 1997, 26 CLC (AD)
....same by the impugned order. In the facts and circumstances of the case we find little merit in his leave petition. It is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 31.......hould be secured before passing of the order of dismissal……..(8) The General Clauses Act, 1897 (X of 1897) Section 21 This rule did not empower the Board to rescind the order which had been lawfully passed by them earlier disapproving the impugned order of dismissal of the writ petitioner ..Category: Employment/Service Law | Date: | Hits: 79
Saitan Bibi and others Vs. Chairman Bewa and others, 1999, 28 CLC (AD)
....o.1 was fined, as he did not pay the fine in time. A Certificate Case No. 6 AM159-60 was started in the Bogra Certificate Court and after due service of the processes and observance of the relevant provisions of law the suit land and other lands of defendant No.1 was auction sold to the plaintif......as he did not pay the fine in time. A Certificate Case No. 6 AM159-60 was started in the Bogra Certificate Court and after due service of the processes and observance of the relevant provisions of law the suit land and other lands of defendant No.1 was auction sold to the plaintiffs on 10-8-62 a..Category: Property Law | Date: | Hits: 52
Asiman Begum Vs. State, represented by the Deputy Commissioner, 1999, 28 CLC (AD)
....anded to the High Court Division for disposal at an early date in the light of the observations made above. Ed. This Case is also Reported in: 51 DLR (AD) (1999)18. ...... impel by a court to take lenient view in favour of the accused. But there is no question that the Court has undoubted right to direct a retrial where there has not been a trial in accordance with law. A balance has, however, to be struck and that is what is called the exercise of judicial discr..Category: Criminal Law | Date: | Hits: 83
Abul Bashar and another Vs. Hasanuddin Ahmed and ors., 1999, 28 CLC (AD)
.... proceedings. The impugned judgment does not warrant any interference. All the 3 leave petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD)(1999) 14. ...... and others asking them to show cause as to why such proceedings would not be drawn as claimed. Accordingly, in two cases the local Officer-in-Charge of the Police Station was directed to maintain law and order in respect of the proceeding land. But in respect of the subject matter of Criminal P..Category: Criminal Law | Date: | Hits: 68
Mostafizur Rahman Vs. BD, represented by Sec., Min. of Home Affairs & anr, 1999, 28 CLC (AD)
....n section 2(1 )and for no other purpose and to keep a particular individual in detention for purpose of protecting him from the onslaught of is not contemplated within the four corners of the said provision. 31. The detenu in the present case committed no crime or ille...... Article 102 (2) (b)(i) The power of the Supreme Court in making scrutiny of executive acts never recedes to the background so long as the Constitution remains operative. The maintenance of law and order, public peace, public safety and security are undisputedly concerns of the state and..Category: Constitutional Law | Date: | Hits: 191
Bangladesh Vs. Shirely Anny Ansari, 2000, 29 CLC (AD)
.... holding that there was no proper registration which fact has been belied by a letter from the Sub-Registrar who is the competent authority to register such a document. Drawing our attention to the provision, of sections 74 and 76 of the Evidence Act, Mr. Khandker submits that as the registered d......icient. There must be something to indicate acceptance of the gift and such acceptance may be signified by an overt act such as actual delivery of possession or such an act by the donee as would in law amount to taking of possession. When the property is not capable of being delivered physically,..Category: Property Law | Date: | Hits: 64
Abul Bashar Vs. Investment Corporation of Bangladesh & another, 2000, 29 CLC (AD)
....tion 3 of the Limitation Act, every suit instituted, appeal preferred and application made after the period of limitation prescribed therefor by the First Schedule shall be dismissed subject to the provisions of section 4 to 25……..(8) Cases referred to- ...... construe the provisions of the Administrative Tribunals Act and the provision of section 29(2) of the Limitation Act, 1908 and that consequently the High Court Division has fallen into an error of law in not excluding the period spent in the prosecution of the writ petition as well as the civil..Category: Administrative Law | Date: | Hits: 121
Jamir Ali (Md) and others Vs. Secretary, Ministry of Land & others, 2000, 29 CLC (AD)
....of any land or interest in land for any scheme shall be deemed to be acquisitioned for public purpose within the meaning of The Acquisition and Requisition of Immovable Property Ordinance, 1982 and provisions of the Ordinance shall apply to all proceedings relating to acquisition of property for......of the 1982 Ordinance. 6. For the aforesaid reasons we do not find any merit in the submissions of Mr. Khandker Mahbubuddin Ahmed that the High Court Division instructed committed error of law in holding that section 12 of 1982 Ordinance does not apply to the land requisitioned under sec..Category: Property Law | Date: | Hits: 94
Government of Bangladesh and others Vs. Hussain Mohammad Ershad, 2000, 29 CLC (AD)
.... the learned Additional Attorney-General merit no consideration. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 162. ...... measure for a limited purpose of investigation and interferes with the right of a citizen to -be secured in his home against entry, search and seizure provided such acts are conducted and done in lawful manner………..(6) Lawyers Involved: Mahbubey ..Category: Constitutional Law | Date: | Hits: 170
Zenith Packages Limited Vs. Member Labour Appellate Tribunal Dhaka and others, 2000, 29 CLC (AD)
.... 1969 fell for consideration and that the points involved in the instant case were not decided in the decisions. Further ground for review is that in the Industrial Disputes Act, 1947 there was no provision for any notice similar to that of section 40(2) of the Industrial Relations Ordinance, 69......dustrial Relations Ordinance, 69 and that those cases were not on “settlement” but “award” and thereby this Division completely misunderstood and misinterpreted the relevant law on the basis of which those cases were decided. Further ground for review is that the main poin..Category: Labour and Industrial Law | Date: | Hits: 127
Bangladesh and others Vs. Mizanur Rahman, 2000, 29 CLC (AD)
.... Mizanur Rahman……………………. Respondent Judgment June 1, 2000. The Constitution of Bangladesh, 1972, Article 102 (i) When a provision for appeal in a statute is attended with an inviolable and non-relaxable condition of pay...... enhanced sales tax and customs duty on enhanced tariff value and cleared the goods on 6-6-90. His case is that he paid an excess amount of Taka 6,36,032.00 on an enhanced tariff value although in law the imported goods were liable to be assessed on the basis of the tariff value as contained in ..Category: Fiscal/Taxation Law | Date: | Hits: 94
Abdul Khaleque (Md) Vs. Sec, Ministry of Law, Justice and Parliamentary Affairs, 2000, 29 CLC (AD)
.... June 8, 1999. The Bangladesh Public Service Commission (Consultation) Regulation, 1979, Regulation 9 In passing order of compulsory retirement there was no violation of any provision of law and consultation with the Public Service Commission was not required as the petit...... 8, 1999. The Bangladesh Public Service Commission (Consultation) Regulation, 1979, Regulation 9 In passing order of compulsory retirement there was no violation of any provision of law and consultation with the Public Service Commission was not required as the petitioner was not ..Category: Administrative Law | Date: | Hits: 125
Billal Vs. State, 2000, 29 CLC (AD)
....of the said Code. But the sentence as awarded shall remain unaltered. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 143. ......e is nil. In these circumstances the accused appellant has been convicted on a gross and perverse mis-evaluation of the facts and circumstances of the case and upon a palpable misapplication of the law of circumstantial evidence. 6. After discussing the evidence of the witnesses and co..Category: Criminal Law | Date: | Hits: 58
Syed Jahangir Hossain Vs. Md. Moyenuddin and others, 2000, 29 CLC (AD)
....ral and documentary evidences on record.” “That the learned Single Judge of the High Court Division acted illegally in holding that the defendants did not comply with the provision of Rules 15 and 16 of the terms and conditions governing the appointment and termination......ip;…………… Respondents Judgment: April 26, 2000. Natural Justice, Service Matter The order of removal having not been made by following the law and without giving the plaintiff any opportunity to show cause subsequent approval of the same ..Category: Others | Date: | Hits: 84
Asmat Ali Vs. Abdur Rafique Mridha and others, 2000, 29 CLC (AD)
....on of judicial mind of the learned Single Judge. 11. President’s Order No. 88 of 1972, President’s Order No. 136 of 1972 and President’s Order No. 24 of 1973 amending the provision of section 95 of the State Acquisition and Tenancy Act, 1951 and inserting the provision ...... below to the effect that the deed in question is a mortgage deed and wrongly held that the deed is an out and out sale deed. (4) Whether the learned Single Judge misconceived the relevant law governing the suit for redemption of mortgage and erroneously reversed the judgment of affirma..Category: Property Law | Date: | Hits: 64
ASF Rahman and another Vs. AM Agha Yousuf and others, 2000, 29 CLC (AD)
....ber has left at the office a notice in writing under his hand or under the hand of such agent signifying his assent to his candidature at least 7 clear days before the meeting. The purpose of this provision appears to be that if a general member wants to be elected as director but fails to give ......ider can ever be eligible to be elected as Director of the Bank in spite of having duly qualified shares unless the Board of Directors recommends his case, which goes against the concept of company law as well as principle of franchise. 14. Following submissions of the Caveator were allo..Category: Business or Commercial Law | Date: | Hits: 107
Chowdhury Nasimul Baqui Vs. Bangladesh Steel and Engineering Corporation& others, 2000, 29 CLC (AD)
....f regulation 42 of the Bangladesh Steel and Engineering Corporation Employees Service Regulations, 1989, hereinafter referred to as the Regulations; the appellant could yet be governed by the said provision. 3. The appellant was appointed Inspector of Purchases, Steel Division of the the......lauses Act, 1897 (X of 1897), Section 6 The Bangladesh Steel and Engineering Corporation Employees Service Regulations, 1989, Regulations 42(8) It is well settled that any procedural law is retrospective in its operation. A subsequent omission by way of amendment of a procedure can..Category: Employment/Service Law | Date: | Hits: 69
Bisheswar Bhattacharjee Vs. Shantimoy Bhattacharjee and others, 2000, 29 CLC (AD)
....d others………………… Respondents Judgment June 16, 1999. The Code of Civil Procedure, 1908 (V of 1908), Order 11 rule 8 The provision of Order 11, rule 8 of the Code of Civil Procedure is directory in character and the cou......instant case, there has been no failure on the part of the defendants to comply with any order of the court to answer interrogatories. The High Court Division has, therefore, committed no error of law in upholding the order of the Subordinate Judge refusing to strike out the defence. Thi..Category: Procedural Law | Date: | Hits: 97
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