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University of Dhaka and another Vs. Professor AK Monwaruddin Ahmed, 2000, 29 CLC (AD)
....itted by the Chartered Accountant was marked by the Vice Chancellor for scrutiny and necessary action in a routine manner and was by no means an indication of his consent in the matter. There is no provision for appointing a private auditor in the internal matters of the University. The publicat......tion will not be interfered with simply on the ground of availability of alternative efficacious remedy especially when the decision sought to be appealed from does not suffer from any infirmity of law………………(10) Lawyers Involved: M Nu..Category: Constitutional Law | Date: | Hits: 201
Mustafa Kamal and another Vs. Commissioner of Customs and others, 1999, 28 CLC (AD)
....ime the fixation of tariff value at US $ 220 per metric ton cannot be called an arbitrary decision. The Division Bench desired that the National Board of Revenue should frame rules with regard to the provisions of section 25(1) of Customs Act to avoid further complications. 4. Leave was granted t......69 the rate of duty leviable in respect of goods described in that section is prescribed in the First Schedule, which rate is amended by Parliament each year by either the Finance Act or by any other law. The power to change the rate of duty is an exclusive power and preserve of the Parliament and t..Category: Business or Commercial Law | Date: | Hits: 165
Government of Bangladesh and others Vs. Md. Tajul Islam, 1997, 26 CLC (AD)
....it petition was that he carries on business of export of manpower to different countries as proprietor of Metropolitan International holding licence for the purpose issued by the Government under the provision of the Emigration Ordinance, 1982 (Ordinance No. XXIX of 1982), briefly, the Ordinance sin......lourable exercise of power, he alleged. 4. The appellant-Government filed an affidavit-in-opposition denying the allegations of the respondent and asserting generally that the impugned orders were lawfully passed under the Ordinance. 5. It appears that in the High Court Division, the responden..Category: Constitutional Law | Date: | Hits: 192
Hafizuddin (Md) & 3 ors Vs. Bangladesh Bank, represented by Governor & ors, 1997, 26 CLC (AD)
.... made any submission on this finding. 15. We find no ground for interference. The petitions are dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 147 ......n No. 66 of 1976 in the High Court Division seeking for a direction that the said proposal for recruitment without reservation for the promotees and direct recruits in the ratio of 2:1 was without lawful authority and of no legal effect and also praying for a direction upon the respondents to co..Category: Administrative Law | Date: | Hits: 159
Primal Ranjan Das Vs. Nasima Khatun, 1997, 26 CLC (AD)
....e same by the landlord would exonerate the default. We do not think so. A tenant who has failed to pay rent within the date stipulated in the agreement or in the absence of agreement according to the provision of the Premises Rent Control Ordinance will be a defaulter and not entitled to protection ......on under section 18 of the Ordinance. It is; however, open to a tenant to plead waiver in a particular case to show that the landlord waived his right to receive rent in terms of the agreement or the law. It does not appear that any plea of waiver was taken in the present case. 4. Mr. Fazlul..Category: Tenancy Law | Date: | Hits: 70
Sorbesh Ali and anr. Vs. Jarina Begum and anr., 1997, 26 CLC (AD)
.... his submissions were not considered by the learned Judge of the High Court Division. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 143 ...... withdrawal. The doctor who examined the victim girl was not available and therefore another doctor PW 9 was examined to prove the handwriting of the examining doctor. His report was admissible in law. As to the recognition of the accused, there were other witnesses besides the victim girl and t..Category: Criminal Law | Date: | Hits: 53
Abdur Rahman (Md) Vs. Md. Iqbal Ahmed and others, 1997, 26 CLC (AD)
....e benefits of the decree obtained after protracted litigation. The petition is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 142 ......8 who was directed to ex the kabala having died the title execution case question cannot proceed in the absence of his heirs and the learned Judge of the High Court Division fallen into an error of law in refusing to dismiss t execution case. 3. We find no substance in the contentio..Category: Property Law | Date: | Hits: 84
Dhaka Vegetable Oil Ind. Ltd. Vs. Commissioner of Taxes, Dhk. (North) Zone, Dhaka, 1997, 26 CLC (AD)
....ot have the Circular for his consideration at the stage of assessment and at the appellate stage there was no scope for admitting fresh materials in the disposal of the appeals, because there is no provision in the said Act for taking fresh evidence or materials at the appellate stage. Finally, ......icate granted under section 66A (2) of the Income Tax Act, 1922 by a Division Bench of the High Court Division in Application Nos. 30 and 31 of 1989 in which the appellant formulated 5 questions of law for decision of the High Court Division under section 66(1) of the Income Tax Act, 1922, herei..Category: Fiscal/Taxation Law | Date: | Hits: 120
Abdul Khaleque and Others Vs. Md. Hanif and Others, 1997, 26 CLC (AD)
.... can be made on the merit as well. The petition is dismissed and the stay order granted earlier is hereby vacated. Ed. This case is also reported in: 49 DLR (AD) (1997) 134 ......, the Tribunal found that out of 43 accused for whom withdrawal application was filed 37 were not at all complying with the order of the court to surrender and consequently they were fugitive from law. The learned Tribunal Judge also found that enmities between the parties could not be a valid g..Category: Criminal Law | Date: | Hits: 63
Abdur Rouf (Md) Vs. Abdul Hamid and others, 1997, 26 CLC (AD)
....tted any illegality in affirming the decision of the trial Court. The petition is dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 423, 49 DLR (AD) (1997) 133 ......session under section 9 of the Specific Relief Act, notwithstanding any other title that may be set up in such a suit, the person dispossessed without the consent or otherwise than in due course of law can claim for recovery of the possession. In the present case, the learned Single Judge of the..Category: Property Law | Date: | Hits: 61
Azizul Haque Sikder and others Vs. Collector of Customs, Chittagong and others, 1997, 26 CLC (AD)
....ted as Appraisers in 1986. It is their case that they would be deemed to have been promoted to the posts of Appraisers in the years in which the promotion quota was to be filled up because there is provision for both direct recruitment and recruitment by Promotion. The established principle is t...... 2. The present appellants in the said AT Case asked for a declaration that the gradation list of the Appraisers published by the Collector of Customs Chittagong on 26-11-88 was illegal and unlawful They claimed that as per memo of the Board of Revenue dated 21-6-77 and as per the Principal..Category: Administrative Law | Date: | Hits: 160
Sirajul Islam Chowdhury and others Vs. Md. Jainal Abedin & ors., 1997, 26 CLC (AD)
....s. The plaintiff as PWI asserts that a ship can be broken within 6 months and in one year two ships can be broken. His licence is also for import of two ships for breaking a year, vide clause 31 of provisional licence dated 30-2-84, Ext. 5, but PW 1 states that the defendants’ scrapship Ban......defendant-appellants trespassed into the land of the plaintiff respondent and thus incurred a tortious liability which is actionable per se did the High Court Division take the right view in law and on facts in assessing the quantum of damages sustained by the plaintiff The plaintiff-respo..Category: Admiralty Law or Maritime Law | Date: | Hits: 213
Government of Bangladesh Vs. Ashraf Ali @ Ashraf Ali and another, 1997, 26 CLC (AD)
....s he had failed to possess, occupy, manage or supervise the disputed building when President’s Order 16 of 1972 came into operation the, disputed building became abandoned property under the provision President’s Order 16 of 1972 and vested in the Government free from all encumbrance......No. 1477 of 1988, thereby declaring the enlistment of the disputed building in the ‘ka’ list of abandoned building vide notification in the Official Gazette dated 23-9-86 to be without lawful authority after setting aside the judgment and order passed by the Court of Settlement on 22..Category: Property Law | Date: | Hits: 89
Shamsuddin Ahmed Chowdhury Vs. State and another, 1997, 26 CLC (AD)
....produced in the Court of Upazila Magistrate, Anwara in CR Case No. 116 of 1983 by filing firisti and, as such, the present case against the appellant and others was not maintainable, in view of the provisions of section 476 read with section 195(1) (c) of the Code of Criminal Procedure and, such,......se No. 116 of 1983 in the Court of Upazila Magistrate, Anawara, wherein respondent No. 2 alleged that the said document was fraudulently created, learned Judges of the High Court Division erred in law in not holding that the present case against the appellant and three other accused persons cann..Category: Criminal Law | Date: | Hits: 72
Sayeed Farook Rahman Vs. Sessions Judge of the Court of Sessions, Dhaka & other, 1997, 26 CLC (AD)
....icular case. However, the absence of prohibition does not mean the granting of a power. The granting of a power is derived from not only the phraseology used in section 9(2) but also from the other provisions of the Code. Section 9(1) gives the Government power to establish a Court of Sessions f......pecial order specifically provides. 10. Therefore, without subscribing to the reason or lack of them in the judgment of the High Court Division we find that there is no substantial point of law which calls for granting of leave for detailed consideration. The petition is dismissed...Category: Constitutional Law | Date: | Hits: 179
State Vs. Abdul Khaleque alias Abdul Khaleq Howlader, 1997, 26 CLC (AD)
....nt Bench. The respondent will continue to remain on the same bail already granted to him till the disposal of the appeal. Ed. This case is also reported in: 49 DLR (AD) (1997) 154 ......mes also by the winning party. Facts of the case sometimes are not even carefully stated, arguments are but little noticed and often the case is decided only upon a dogma unsettling the established law and procedure. This, we must say, is highly undesirable and has a corroding effect on the admi..Category: Criminal Law | Date: | Hits: 77
Chairman, Chittagong Port Authority & another Vs. Ministry of Defence and others, 1997, 26 CLC (AD)
.... the vessel to leave the territorial waters of Bangladesh without payment of the dues. 5. In order to appreciate the point raised by the learned Counsel it is necessary to notice some of the provisions of the Ordinance which are relevant. Section 19(1)(a) provides for tolls, dues, rates a......e dues and our charges of the Port Authority. The appeal is by way of leave under Article 103(3) of the Constitution of the People’s Republic of Bangladesh, which is limited to a question of law. The question involved is whether the learned Admiralty Judge acted beyond his jurisdiction in ..Category: Admiralty Law or Maritime Law | Date: | Hits: 184
Safaruddin and others Vs. Fazlul Huq and others , 1997, 26 CLC (AD)
....round for interference with the impugned order of the High Court Division. This petition is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 151 ......rs, first argues that the High Court Division was wrong in disposing of the revision case on merit in the absence of the learned Advocate for the petitioners. He next argues that the suit is bad in law for non-joinder of party and also for not bringing into hotch potch all the joint properties. ..Category: Property Law | Date: | Hits: 71
Khondaker Mahtabuddin Ahmed and others Vs. State, 1997, 26 CLC (AD)
....nds for the offence, while the civil suit is for realisation money. Both can stand together. The petition is accordingly, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 132 ......urged before us as before the High Court Division. The charge other materials indicate that there is a prima facie case of criminal offence against the petitioners and other Again there is nothing in law precluding a criminal case on account of a civil suit pending against the petitioners on the sam..Category: Anti-Corruption Laws | Date: | Hits: 75
Sudangshu Kumar Saha Vs. Government of Bangladesh, 1997, 26 CLC (AD)
....e to be dismissed. 4. Mr. Md. Serajul Huq, learned Advocate appearing for the petitioner, submits that the Administrative Appellate Tribunal erred in law in interpreting and, considering the provisions of Rule 25(2)(3) of the Government Servants (Discipline and Appeal) Rules, 1985 and arr......such, the case of the petitioner is liable to be dismissed. 4. Mr. Md. Serajul Huq, learned Advocate appearing for the petitioner, submits that the Administrative Appellate Tribunal erred in law in interpreting and, considering the provisions of Rule 25(2)(3) of the Government Servants (Di..Category: Administrative Law | Date: | Hits: 120
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