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Baitul Mukarram Vs. Taxation Officer and another, 1978, 7 CLC (AD)

....g a different meaning which the legislature did not intend thereby. We find no substance in the contention of Mr. Sobhan. The appeal is dismissed without any order as to costs. Ed. ...... judgment passed by the then Dacca High Court in Writ petition No. 127 of 1970 filed by the appellant challenging the orders of the respondents imposing urban tax amounting to Tk. 1,11,481.00 for the years 1964-65 to 1968-69 under section 3 of the Urban Immovable Property Tax Act, 1957 (her......g a different meaning which the legislature did not intend thereby. We find no substance in the contention of Mr. Sobhan. The appeal is dismissed without any order as to costs. Ed. ......and the appellant challenged the legality of the demand by filing a Writ petition in the then Dacca High Court claiming exemption from payment of Tax under section 6(a) of the said Act. The learned Judges of the High Court dismissed the Writ petition summarily and special leave was granted ..

Category: Fiscal/Taxation Law | Date: | Hits: 90

Solicitor represented by State, Govt of of Bangladesh Vs. Anisuzzaman Chy & or, 2006, 35 CLC (AD)

.... High Court Division do not suffer from any illegality for our interference. Accordingly, we find no cogent ground for granting leave. This petition is dismissed. Ed. ...... passed by the High Court Division in Criminal Miscellaneous Case No. 3659 of 2003) Judgment: Syed J.R. Mudassir Husain CJ.- This criminal petition for leave to appeal has arisen out of judgment and order dated 27-03-2006 passed by a Division Benc...... High Court Division do not suffer from any illegality for our interference. Accordingly, we find no cogent ground for granting leave. This petition is dismissed. Ed. ...... by deceitful means and those are banned item being raw materials for manufacturing polythine bags which are threat to environment of the country. In such view of the matter, the learned Judges of the High Court Division having failed to apply their judicial mind to appreciate the..

Category: Criminal Law | Date: | Hits: 88

Dock Workers Management Board Vs. Muhammad Ismail and others, 2005, 34 CLC (AD)

....yed for. Operation of the impugned judgment and Order dated 01.03.2005 passed by the High Court Division in Writ petition No.890 of 2003 be stayed till disposal of the appeal. Ed. ......e Petitioners Md. Rafiqul Islam Mia, Advocate, instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For Respondent Nos. 1-3 Not represented-Respondent Nos.4-6 Civil Petition for leave to Appeal No.742 of 2005 (From the Judgment and Order dated 01.03.2005 passed by ......yed for. Operation of the impugned judgment and Order dated 01.03.2005 passed by the High Court Division in Writ petition No.890 of 2003 be stayed till disposal of the appeal. Ed. ......0. The submissions made on behalf of the petitioners merit consideration. 11. Leave is granted to consider the additional ground which runs as follows:- "Because the learned Judges of the High Court Division could not appreciate that giving promotion or up gradation o..

Category: Employment/Service Law | Date: | Hits: 88

State Vs. A. K. M. Saiful Islam, 2005, 34 CLC (AD)

.... in the appeal accordingly, the appeal is allowed and judgment and order of the High Court Division is set aside. The aforesaid Sabujbagh P. S. Case proceeds in accordance with law. Ed. ......p; Syed J. R. Mudassir Husain CJ : This is an appeal by the State arisen out of the leave granting order dated 12-07-2000 passed by this Division in criminal petition for leave to Appeal No.37 of 2000 which was preferred against the judgment and order dated 14-11-19...... in the appeal accordingly, the appeal is allowed and judgment and order of the High Court Division is set aside. The aforesaid Sabujbagh P. S. Case proceeds in accordance with law. Ed. ......ropolitan Magistrate is not merely letter, it is a naraji petition, it is not a letter simpliciter, it is an application based on certain facts and circumstances of the case and as such the learned Judges of the High Court Division are wrong in holding that the order of the learned Chief Metropo..

Category: Criminal Law | Date: | Hits: 90

Governor, Bangladesh Bank, Head Office, Dhaka Vs. M. Habibullah Bahar & another, 2006, 35 CLC (AD)

....oncerned for extension of time limit for completion of formalities and the concerned authority may consider the prayer in accordance with law if found tenable in law. Ed. ...... 22nd December 1999, of the Bangladesh Bank (Annexure-Q to the writ petition) wherein it was observed that the Sundarban Bank International Ltd. (Proposed) failed to reach the stage of eligibility for filing application for issuance of licence to start banking business. 3. The case of the......oncerned for extension of time limit for completion of formalities and the concerned authority may consider the prayer in accordance with law if found tenable in law. Ed. ......cess of reaching decision un-communicated to the writ petitioner, it did not create any legal right in his favour and as such the writ petition on its face was without legal foundation. The learned Judges of the High Court Division have erred in law in making the Rule absolute reviewing the earl..

Category: Banking Law | Date: | Hits: 124

Parveen Banu @ Purnima & others Vs. Bangladesh House Building Finance Corporation, 1990, 19 CLC (AD)

....gment and decree as they are. In view of the discussion above, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 234. ...... obtained on understanding and consent of the parties, appeal do not lie from such decree by either party. The points lost earlier on consent cannot be raised on appeal. The claim of death of Naser before the decree was passed, claiming the decree to be a nullity is barred as because such claim was ......gment and decree as they are. In view of the discussion above, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 234. ......ed 23.6.88. 16. Plaintiffs then took the appeal, FA. No 46/88, to the High Court Division, Dhaka against the said Judgment and decree. 17. From the impugned judgment it appears that the learned Judges of the High Court Division agreed with the findings of the trial Court that the suit was barr..

Category: Property Law | Date: | Hits: 95

Al-haj Ahmed Hossain Khan Vs. Rezaur Rahman and others, 1990, 19 CLC (AD)

.... order as to costs. Order of the Court. By the majority decision, the appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 225. ......the Subordinate Judge, Chittagong in Other Suit No. 83 of 1977. The trial Court decreed the suit. The High Court Division reversing the same dismissed the suit against defendant No.1 and decreed it for Tk. 40,000/- against defendant No.2. 5. The appellant's suit for specific performance of cont...... order as to costs. Order of the Court. By the majority decision, the appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 225. ......f defendant No.1 by his son defendant No.2. 32. Along with these documents as filed in the case by the plaintiff, I will discuss and consider the oral evidence on record to see whether the learned Judges of the High Court Division misdirected in law and fell into a serious error of law in decidin..

Category: Property Law | Date: | Hits: 50

M A Wahab, Advocate Vs. State, 1989, 18 CLC (AD)

....ts. The paragraphs quoted above will be treated as expunged from the judgment in question. The petition is thus disposed of. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 223. ......ade by a Division Bench of the High Court Division is treated as expunged from the judgment in question. The Code of Criminal Procedure, 1898 (V of 1898), section 498 Judicial decorum Prayer for expunging certain observations of Division Bench of the High Court Division in Criminal Appeal N......ts. The paragraphs quoted above will be treated as expunged from the judgment in question. The petition is thus disposed of. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 223. ......e uncalled for, unkind and injurious to the petitioner's personal integrity and profession and, therefore, they deserve to be expunged. 5. We would like to state at the outset that the learned Judges were certainly not right in the view that once a petition for bail is rejected no further ap�..

Category: Criminal Law | Date: | Hits: 55

Mahmudul Alam Mantu Vs. Sanwar Hossain Talukder & ors., 1990, 19 CLC (AD)

..... The writ petition will be heard as a motion as soon as the business of the Court permits. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 211. ...... is allowed. The Constitution of Bangladesh, 1972, Article 102 The Dhaka Municipal Corporation (Election of Commissioners) Rules, 1983, Rule 54(2) Election dispute There is no provision for appeal against a decision of the election tribunal constituted for adjudication of election trib....... The writ petition will be heard as a motion as soon as the business of the Court permits. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 211. ......diction under Article 102 of the Constitution, the High Court Division should not hesitate to issue a writ in the nature of certiorari as the judgment of a court is under challenge. 4. The learned Judges of the High Court Division, however, themselves raised a question as to whether the applica..

Category: Election Law | Date: | Hits: 102

Sk. Shamsur Rahman @ Shamsu Vs. State, 1990, 19 CLC (AD)

....he courts below have rightly convicted the appellant under section 302 pf the Penal Code. Accordingly, the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 200. ......ction 32 (1), 154 In the statement of the deceased Ext. 1 there is no reference at all to any fact or circumstance from, which it can be even remotely inferred that there was any reason whatever for which the appellant was likely to make an attempt on the life of the deceased. On the other hand......he courts below have rightly convicted the appellant under section 302 pf the Penal Code. Accordingly, the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 200. ......he High Court Division departed from the well-recognized norms in ignoring the admittedly serious and gross infirmities which the said dying declaration was attended with and noticed by the learned Judges themselves and in relying upon such vulnerable evidence for convicting the appellant of the g..

Category: Criminal Law | Date: | Hits: 44

State Vs. Sentu and others, 2004, 33 CLC (AD)

....o. 15 of 1996 of 2nd Court of Additional Sessions Judge, Barisal corresponding to G.R. Case No. 342 of 1993 P. S. Kotwali immediately and to enlarge them on bail to his satisfaction. Ed. ......uitting the accused respondents of the charge under sections 302/34 of the Penal Code. 3. The facts, in brief, are that on 28.06.1993 accused respondents being armed with deadly weapons formed themselves into unlawful assembly and gharaoed a mosque near the house of Md. Habibur Rahman......o. 15 of 1996 of 2nd Court of Additional Sessions Judge, Barisal corresponding to G.R. Case No. 342 of 1993 P. S. Kotwali immediately and to enlarge them on bail to his satisfaction. Ed. ......ent of acquittal and also took incorrect view relating to "common intention" and as such the impugned judgment and order cannot be maintained. 6. He further submits that the learned Judges of the High Court Division erred in law in acquitting the accused respondents taking an inc..

Category: Criminal Law | Date: | Hits: 41

State Vs. Abdul Toab alias Abdul Towab and other, 2005, 34 CLC (AD)

....urt in holding the accused respondent as guilty and in doing so there has been miscarriage of justice. " Preparation of paper book is dispensed with as prayed for. Ed. ......s Involved: Abdur Razaque Khan, Additional Attorney General, instructed by B. Hossain, Advocate on Record-Petitioner Nawab Ali, Advocate-on-Record-Respondents Criminal Petition for Leave to Appeal No. 122 of 2003 (From the Judgment and Order dated 12.03.2002 passed by ......urt in holding the accused respondent as guilty and in doing so there has been miscarriage of justice. " Preparation of paper book is dispensed with as prayed for. Ed. ......ons and perused the materials on record including the impugned judgment. 7. Leave is granted to consider the additional ground, which runs as follows: - "Because the learned Judges of the High Court Division while acquitting the accused respondent did not consider the evi..

Category: Criminal Law | Date: | Hits: 35

Md. Nabiul Islam Chy Vs. Joint Regis, Div. Co-operative Office, Rajshahi & ors., 2005, 34 CLC (AD)

....e fully in agreement with the findings and decisions of the High court Division. In the aforesaid premises, we find no merit in this petition. Accordingly, it is dismissed. Ed. ......, Advocate (appeared with the leave of the Court), instructed by Md. Aftab Hossain, Advocate-on-Record-For Respondent No.4. Not represented-Respondent Nos.1-3 and 5-6. Civil Petition for Leave to Appeal No. 785 of 2005. From the Judgment and Order dated 16th May, 2005 passe......e fully in agreement with the findings and decisions of the High court Division. In the aforesaid premises, we find no merit in this petition. Accordingly, it is dismissed. Ed. ......etition. 7. Mr. A.B.M. Nurul Islam, the learned Senior Advocate, appearing for the petitioner, having referred to the impugned judgment of the High Court Division, contended that the learned Judges of the High Court Division committed an error of law in not holding that the respondent No.4..

Category: Constitutional Law | Date: | Hits: 162

Dr. Mohammad Sarwar Ramiz and others Vs. Dr. Shyam Sundar Kundu (FCPS) & ors, 2005, 34 CLC (AD)

.... Writ Petition No.1735 of 2004 be stayed for 6 (six) months in Civil Petition for Leave to Appeal No.737 of 2005. The petitioners are also permitted to add additional grounds. Ed. ......o. 737 of 2005) Not represented-Respondent Nos. 7-14 (In Civil Petition No. 612 0f 2005) Not represented-Respondent Nos. 3-14 (In Civil Petition No. 737 of 2005) Civil Petition for Leave to Appeal Nos. 612 And 737 Of 2005 (From the Judgment and Order dated 28.03.2005 ...... Writ Petition No.1735 of 2004 be stayed for 6 (six) months in Civil Petition for Leave to Appeal No.737 of 2005. The petitioners are also permitted to add additional grounds. Ed. ...... Writ Petition No.1735 of 2004 be stayed for 6 (six) months in Civil Petition for Leave to Appeal No.737 of 2005. The petitioners are also permitted to add additional grounds. Ed. ..

Category: Employment/Service Law | Date: | Hits: 86

Md. Idrisur Rahman Vs. Syed Shahidur Rahman and others, 2005, 34 CLC (AD)

....4 passed by the High Court Division in Writ Petition No. 2454 of 2004 be stayed for 6(six) months. The petitioner is directed to make the appeal ready for expeditious hearing. Ed. ...... Ajmalul Hossain QC, Senior Advocate, Instructed by Miv. Md. Wahidullah, Advocate-on-Record —For Respondent No. 1 Not represented—Respondent Nos. 2-5 Civil Petition for Leave to Appeal No. 346 of 2005 (From the judgment and order dated 02.02.2005 passed by......4 passed by the High Court Division in Writ Petition No. 2454 of 2004 be stayed for 6(six) months. The petitioner is directed to make the appeal ready for expeditious hearing. Ed. ......esh ought not to have arrogated to itself the jurisdiction to judicially review the proceedings, findings and opinions of the Supreme Judicial Council, which is comprised of three most Senior Judges of the Appellate Division of the Supreme Court of Bangladesh. 19. For that the issues..

Category: Others | Date: | Hits: 97

Iftekhar Hasan (Md) @ Al Mamun and others Vs. State, 2007, 36 CLC (AD)

....d only to taking away of life, but it means something more than mere animal existence. The inhibition against its deprivation extends to all those limbs and faculties by which life is enjoyed. Ed. ......ddin Mollah, Md. Faisal Ali Khan and Fahima Nasrin, Deputy Attorneys-General with him) instructed By Ahsanullah Patwary, Advocate on Record-For the Respondent (In all the cases) Criminal Petition for Leave to Appeal No. 444 of 2006 and Jail Petition Nos. 4, 6, 7, 8, 9 and 10 of 2006. (From th......d only to taking away of life, but it means something more than mere animal existence. The inhibition against its deprivation extends to all those limbs and faculties by which life is enjoyed. Ed. ......halakati took out the vehicle as usual and proceeded to pick up the judges namely, Jagannath Parey, Sohel Ahmed and others for taking them to the Court and accordingly, he collected the aforesaid two Judges who were on board in his vehicle and he also took Abdul Mannan Howlader (P.W 14), a peon, in ..

Category: Criminal Law | Date: | Hits: 213

Chairman, Mongla Port Authority Vs. Kazi Brothers and others, 2007, 36 CLC (AD)

....rding calculations made by the trial Court in respect of the claims of the parties for passing decree in part. So, there is no need of discussing those. The appeal is dismissed with costs. Ed. ......e learned Subordinate Judge (now Joint District Judge), First Court, Khulna in Money Suit No. 12 of 1989 decreeing the suit. 2. The respondent No.1, as plaintiff, instituted the above suit praying for a decree of Taka 66,06,500 on the averments, inter alia, that Mongla Port Authority, of which th......rding calculations made by the trial Court in respect of the claims of the parties for passing decree in part. So, there is no need of discussing those. The appeal is dismissed with costs. Ed. ......e High Court did not enter upon a reappraisal of the evidence, but it generally approved of the reasons adduced by the trial Court in support of its conclusion. We are unable to hold that the learned Judges of the High Court did not, as is contended before us, consider the evidence. It is not the du..

Category: Civil Law | Date: | Hits: 109

Serajul Islam (Md) Vs. The Director General of Food, 1990, 19 CLC (AD)

....the High Court Division rightly found a bar to its jurisdiction under Article 102 of the Constitution. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 199. ........Respondent Judgment March 27, 1990. Result: The petition is dismissed. The Constitution of Bangladesh, 1972, Articles 35, 102, 117 Bar to conviction and punishment more than once for the same offence as referred to in Article 35 relates to criminal prosecutions. 'Double jeopardy......the High Court Division rightly found a bar to its jurisdiction under Article 102 of the Constitution. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 199. ......lation of his fundamental rights under Articles 27, 31 and 35 of the Constitution particularly the latter, which prohibits conviction and punishment of a person twice on the same offence. The learned Judges of the High Court Division held that the principle of 'double jeopardy' as embodied in Articl..

Category: Constitutional Law | Date: | Hits: 159

State Vs. Mohammad Khan and others, 1990, 19 CLC (AD)

....Commissioner, Patuakhali will take him in to custody and the trial Court will report compliance of the order of this Court thereafter. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 192. ......ranted to consider whether the High Court Division was correct in acquitting the principal accused Mohammad Kha alone on the evidence on record. 3. Prosecution case, in short, is that, one day before the date of occurrence accused respondent Mohammad Kha along with others forcibly entered int......Commissioner, Patuakhali will take him in to custody and the trial Court will report compliance of the order of this Court thereafter. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 192. ...... accused Mohammad Khan gave the fatal blow at the place of occurrence which is the homestead of the informant party at about 10/11 in the morning and in the manner as testified by them. The learned Judges of the High Court Division wrongly held that from the evidence of the eye-witnesses it is ver..

Category: Criminal Law | Date: | Hits: 117

Babul alias Abdul Majid Khan and others Vs. State, 1988, 17 CLC (AD)

.... aside and the appellants are acquitted of the charge. They may be set at liberty forthwith if not required in any other connection. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 186. ...... Barisal in appeal affirming the conviction and sentence of the appellants under sections 395/397 Penal Code. 2. The appellants along with five others were put on trial (three tried in absentia) before the Assistant Sessions Judge, Bakerganj on the aforesaid charge on the allegation that in the...... aside and the appellants are acquitted of the charge. They may be set at liberty forthwith if not required in any other connection. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 186. ...... in default R.I. for one year more. 5. Four of the convict-accused (appellants herein) preferred appeals which were heard together and disposed of by the impugned judgment and order. The learned Judges of the High Court Division noticed that there was no evidence on record except the confessi..

Category: Criminal Law | Date: | Hits: 49

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