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Abul Hossain (Md) Vs. State, 2003, 32 CLC (AD).
....y conducted for the purpose of maintaining an upto date record of rights for the state and to ascertain from among several claimants the genuine claimant, who can be given possession of the immovable property in dispute. In sum, its inquiry report lacks finality and authoritativeness of a court as t......898), Sections 155, 190 & 195 (i) The function of a revenue officer in mutation case is not judicial functions to make it a court and hence bar under section 195 is not attracted. Therefore, in the instant case, a complaint in w......s to make it a court and hence bar under section 195 is not attracted. Therefore, in the instant case, a complaint in writing of a relevant court is not necessary and there is no bar in initiating legal proceeding against the accused by a complaint lodged by a police officer……&hell..Category: Property Law | Date: 4 Feb, 2003 | Hits: 80
Md. Ashequr Rahman Vs. Bangladesh Agricultural Research Institute, 2003, 32 CLC (AD)
....uded within 180 days as per Regulation 43(8) of the Regulations. Accordingly the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 1. ...... Haque J Md. Ashequr Rahman…………….....................................Appellant Vs. Bangladesh Agricultural Research Institute, represented by the Chairman, Ministry of Agriculture and others…….........................................Respondents Judgment February 02, 20......g was not concluded within 180 working days and as such the proceeding having came to an end without determination, punishment awarded on the basis of enquiry report in the aforesaid proceeding was illegal. 4. The High Court Division rejected the said contention of the appellant upon observing "..Category: Employment/Service Law | Date: 2 Feb, 2003 | Hits: 92
Islami Bank Bangladesh Ltd. Vs. Sub-Judge and Additional Artha Rin Adalat & others, 2003, 32 CLC (AD
....exercise the power of sale or its adjustment as a means of discharging or satisfying the amount due to him. The pledgee, therefore, is competent in law to sue for his debt without selling the pledged property and adjusting its price towards the payment of the debt. He has, however, to keep the prope...... KM Hasan J Md. Fazlul Haque J Islami Bank Bangladesh Ltd. ..........Appellant Vs. Sub‑Judge and Additional Artha Rin Adalat & others...Respondents Judgment &nb......At that stage of hearing of the suit the contesting defendant filed an application under Order XIV rule 2 of the Code of Civil Procedure. The application was rejected. The respondent No. 4 challenged legality of the said order of rejection by filing Writ Petition No. 785 of 2000. A Division Bench of..Category: Business or Commercial Law | Date: 28 Jan, 2003 | Hits: 112
Abdur Rashid (Md) Vs. LGRD and Cooperatives, Local Government Division and others, 2003, 32 CLC (AD)
.... Accordingly, the petition is dismissed. Ed. Same Case Cited in: 55 DLR (AD) (2003) 72. ...... Md. Fazlul Haque J Abdur Rashid (Md) ...............Petitioner Vs. Local Government Rural Development and Cooperatives, Local Government Division and others..........Respondents ......davit denying the truth of the resolution said to have been taken by them along with others and that meeting of the Pourashava called for disposal of the resolution taken by the commissioners was not legal and that the meeting so convened for taking final decision on the alleged resolution of the co..Category: Others | Date: 27 Jan, 2003 | Hits: 89
....es Tax Ordinance, 1982 or relates to in stock for production or manufacture of the goods which is subject to value added tax and not on inputs and such remission of tax on input may be granted by the proper officer according to the procedure laid down in the Act. Here, in this case before us, the va......
SJR Mudassir Husain J
AS Ahammed J
Anowar Steel Mills Ltd...........Petitioner
Vs.
Secretary, Ministry of Finance, Internal Resources Division, Government of Bangladesh and others ….... Respondents
Judgment
January 26, 2003.
The Value Added Tax Ac......hortly CI sheets, by the respondent No. 4, the Assistant Collector of Customs, Excise and VAT, Division‑4, Dhaka for a declaration that the same has been made without any lawful authority and of no legal effect.
3. The petitioner company carries on business in manufacturing of CI sheets fro..
Category: Fiscal/Taxation Law | Date: 26 Jan, 2003 | Hits: 114
Alfazuddin Ahmed Vs. Abdur Rahman and others, 2003, 32 CLC (AD).
....e in the partition suit though there was no such evidence. Leave was also obtained for consideration whether the decisions reported in 33 DLR (AD) 323; 1987 BLD (AD) 122 and 33 DLR (AD) 309 have been properly interpreted in the instant case. 8. The admitted fact is t......Husain J AS Ahammed J Alfazuddin Ahmed ........Appellant Vs. Abdur Rahman and others.................Respondents Judgment ......ur. Pursuant to the decree in the partition suit Abdur Razzaque's heirs got their land measuring 1005 aurjuthansa recorded in khatian No. 3232/1 (Exhibit 3). The pre‑emptors are not challenging legality of the fact of opening of this khatian or, in other words, opening of new khatian upon spli..Category: Property Law | Date: 21 Jan, 2003 | Hits: 81
Govt. of BD, rep. by the Sec., Min. of Defence & ors. Vs. Md. Afzal Hossain Ansari, 2003, 32 CLC (AD
.... Enquiry Officer as well as in the departmental appeal the tribunals committed wrong in interfering with the penalty of compulsory retirement although the penalty so imposed was quite appropriate and proper in the background of the facts and circumstances of the case initiated against the respondent...... Md. Ruhul Amin J KM Hasan J Md. Fazlul Haque J Government of Bangladesh, represented by the Secretary, Ministry of Defence and others ..............Appellants Vs. Md. Afzal Hossain ...... Government Servants (Discipline & Appeal) Rules, 1985 Rule 4 Section 4 of the Administrative Tribunal Act vested the Tribunal with the power to consider the regularity and legality of the proceeding initiated against the delinquent officer as well as to consider the pro..Category: Administrative Law | Date: 8 Jan, 2003 | Hits: 122
Pannu Mollah & anr. Vs. State, 2004, 33 CLC (AD)
....ssed in Special Tribunal Case No. 100 of 1996 is quashed insofar as the same relates to the appellants. The appellants are set at liberty if not wanted in any other connection. Ed. ................Appellants Vs. State …..Respondent Judgment January 6, 2003. The Arms Act, 1878 (XI of 1878), Section 19(a) and (f) The arms and ammunitions having been recovered from possession of the arrest......d in their absence and the learned Additional Sessions Judge and Special Tribunal No. 1 convicted the accused appellants along with 2 others as aforesaid. He submits that the Special Tribunal acted illegally in convicting and sentencing the appellants, inasmuch as the conviction has been based on th..Category: Criminal Law | Date: 3 Jan, 2003 | Hits: 84
Securities and Exchange Commission Vs. Abu Tyeb and 10 ors. 2003, 32 CLC (AD).
....nal jurisprudence. Therefore, it was absolutely necessary for the prosecution to place before the Court all the relevant documents but this was not done. Under the circumstances it would have been proper for the trial Court to direct the prosecution to produce the documents. By not doing so the ...... Ed. ......aken by the Additional Metropolitan Sessions Judge in one session and not as directed by the High Court Division. All the appeals are allowed without any order as to costs. Ed. ..Category: Criminal Law | Date: 17 Dec, 2002 | Hits: 76
Captain (Rtd.) Nurul Huda Vs. State, 2003, 32 CLC (AD).
....14 DLR (SC) 321 it has been held that: “We may state straightway that where a Court is called upon to exercise its judicial discretion it will not be discharging its functions properly if it were to proceed upon any a prior assumption that in all cases where an offence of...... Judgment December 1, 2002. The Code of Criminal Procedure, 1898 (V of 1898), Section 498 Bail Matter Besides inordinate delay in prosecuting the trial of the case and the provision of section 339C (4) of the Code of Criminal Procedure, the fact that the appellan......ccused is entitled to be enlarged on bail unless the Court decides otherwise assigning reasons which are relevant to the fact of the case. In that view of the matter the High Court Division acted illegally in incorporating certain extraneous assumptions foreign to the concept of the sections 339C..Category: Criminal Law | Date: 1 Dec, 2002 | Hits: 123
Cinmoy Chowdhury and another Vs. Mridul Chowdhury and Others, 2003, 32 CLC (AD).
....sections 102, 103 and 104 of the Evidence Act. In the instant case plaintiff could successfully carry out the onus of proof that the family was a joint Hindu family and it was never broken and the property of the second category was acquired by the income of the first category of property and ou...... Mainur Reza Chowdhury CJ Md. Fazlul Karim J Abu Sayeed Ahammed J Cinmoy Chowdhury and another .............................Appellants Vs. ......re, in the instant suit, according to Mr Khan, the plaintiff could not exhaust onus in proving his case and, as such, according to him, the High Court Division inasmuch as the trial Court committed illegality in decreeing the suit of the plaintiff although he could not prove his claim. It is observe..Category: Property Law | Date: 25 Nov, 2002 | Hits: 87
Humayun M Vohra Vs. ESPN Star Sports and others, 2003, 32 CLC (AD).
.... The petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 99. ......Husain J AS Ahammed J Humayun M Vohra .........Petitioner Vs. ESPN Star Sports and others……………..Respondents Judgment......n. 5. Mr. MI Farooqui, the learned Counsel appearing for the petitioner, submits that the learned Judges of the High Court Division miserably failed to understand the legal position of an obligation under the contract of agency which is subsisting and there is also r..Category: Procedural Law | Date: 23 Nov, 2002 | Hits: 103
Zyta Garments Ltd. Vs. Union Bank Ltd. and another, 2003, 32 CLC (AD).
.... It apprehends that if a decree is passed the money under the decree will be debited from the petitioner's account causing it to suffer irreparable loss and injury. Therefore, it is a necessary and proper party to be added. The application was opposed by the plaintiff‑respondent Union Bank ......: Md. Ruhul Amin J KM Hasan J Md. Fazlul Haque J Zyta Garments Ltd......................Petitioner Vs. Union Bank Ltd and another …………….Respondents Judgement ......, what will be its case is not yet known. 14. We fully agree with the High Court Division that the petitioner is not a necessary and proper party to be added in the suit and find no illegality or infirmity in its judgement calling for our interference. The leave petitio..Category: Civil Law | Date: 19 Nov, 2002 | Hits: 169
Tarak Chandra Majhi Vs. Atahar Ali Howlader and others, 2002, 31 CLC (AD)
.... judgment and decree of the appellate court is restored. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 481; 8 MLR (AD) 209, 8 BLC (AD) 67. ...... 209, 8 BLC (AD) 67. ......irojpur, in Title Suit No. 29 of 1985 dismissing the suit wherein declaration was sought to the effect that the order dated February 5, 1985 of the Land Appeal Board in Appeal Case No. 98 of 1984 illegal, void and not binding on the plaintiff. 2. Facts in the background of which the su..Category: Evidence Law | Date: 18 Nov, 2002 | Hits: 74
DC of Dhaka & ors Vs. Aziz Cooperative Housing Society Ltd. & ors, 2006, 35 CLC (AD)
.... the petitioner No. 1 and the other writ petitioners filed objection as against the proposed requisition and acquisition stating that it is not conceivable to be in the public interest to acquire the property as mentioned in the notice which provides access to 160 families and 600 shop owners and th......ccordingly the petition is dismissed. Ed. ......000 issued under section 3 of the Acquisition and Requisition of Immovable Property Ordinance 1982, hereinafter referred to as the Ordinance, to have been issued without lawful authority and is of no legal effect. 3. The impugned notice was issued proposing requisition and acquisition of more..Category: Property Law | Date: 16 Nov, 2002 | Hits: 72
Chair, Board of Inter. & Secn. Edn., Jessore and ors. Vs. Md. Amir Hossain & anr., 2004, 33 CLC (AD)
....n of the principle of natural justice. 7. Thus, the submission of the learned Advocate for the petitioners merits no consideration. The petition is dismissed. Ed. ...... Supreme Court Appellate Division (Civil) Present: Mainur Reza Chowdhury CJ Md. Fazlul Karim J AS Ahammed J Chairman, Board of Intermediate and Secondary Education, Jessore and ors...........Petitioners Vs. Md Amir Hossai......stice shall be applied unless it is specifically barred. But where service rule provides for show cause notice with reasonable opportunity for defence penalty imposed in violation of the same is illegal……………………….(5) ..Category: Constitutional Law | Date: 12 Nov, 2002 | Hits: 322
Taiyaba Zaman Vs. Gias Uddin Ahmed and others, 2002, 31 CLC (HCD)
....‑2002 passed by the learned Assistant Judge, 6th Court, Dhaka in Title Suit No.137 of 2001 should not be set aside and such other or further order or orders passed as to this Court may seem fit and proper. 2. The short facts for disposal of the Rule are that, opposite party No.1 as plaintiff ...... High Court Division (Civil Revisional Jurisdiction) Present: Faruque Ahmed J Taiyaba Zaman.............................................Petitioner Vs. Gias Uddin Ahmed and others.........................Opposite Parties Judgment November 6, 2002. Result......n of the husband to Islam. There she prayed for the declaration of her right to the property of her late husband. In the plaint of the present suit the appellant has prayed for the declaration of her legal character and status as to the sole heir to the Estate left by her late husband who is the sam..Category: Tenancy Law | Date: 6 Nov, 2002 | Hits: 198
Ahmed Impex (Pvt) Ltd. & others Vs. Moqbul Ahmed & others, 2002, 31 CLC (AD)
....ip of the appellant company, execution of debit voucher acknowledging receipt of money against transfer of shares concerned in the appellant company at the instance of the respondents on the basis of proper appreciation of evidence on record. 8. Dr. M Zahir, the learned Counsel appearing for the...... Reza Chowdhury CJ Md. Fazlul Karim J Syed JR Mudassir Husain J Ahmed Impex (Private) Ltd. & others.............Appellants Vs. Moqbul Ahmed being dead his heirs: Ferdous Ara Begum and others ................Respondents Judgment November 5, 2002. Result: The appeal is......esses and find that the petitioners did never transfer their 200 shares to respondent Nos. 3 and 5 as claimed and that the respondents fabricated Exhibits B, C, D, E, F, G, H, I, J and M to make an illegal gain" and allowed the case of these respondents for rectification of the share register of the..Category: Business or Commercial Law | Date: 5 Nov, 2002 | Hits: 208
Government of Bangladesh and another Vs. MA Khair Bhuiyan, 2003, 32 CLC (AD).
....e appeal in accordance with law. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 76. ......nt: Mainur Reza Chowdhury CJ Md. Fazlul Karim J Syed JR Mudassir Husain J AS Ahammed J Government of Bangladesh and another .........Appellant Vs. MA Khair Bhuiyan............Respo......of inherent power under section 151 of the Code of Civil Procedure for ends of justice……(11) (ii) Any order passed on fraudulent misrepresentation or undue influence etc has no legal effect and the Court or the Tribunal does not become functus officio with the passing of the..Category: Civil Law | Date: 4 Nov, 2002 | Hits: 152
Ekushey Television & anr. Vs. Dr. Chowdhury Mahmood Hasan & ors. 2003, 32 CLC (AD).
....missing them. 2. The facts of the case and materials relating thereto are already discussed in the judgment delivered by this court. But the relevant facts are to be briefly stated for a proper appreciation of the grounds urged by &nb......howdhury CJ Md Ruhul Amin J Md Fazlul Karim J KM Hasan J Syed JR Mudassir Husain J Abu Sayeed Ahammed J Md. Fazlul Haque J Ekushey Television and another …… Petitioner Vs. Dr. Chowdhury Mahmood Hasan and ors &helli......1933. Since no was obtained from Ministry of Post and Telecommunications and no apparatus was imported by the ETV Ltd. after obtaining licence and clearance from that Ministry, the licence is illegal. The petitioners further claimed that under the co-site agreement signed between BTV and ETV L..Category: Procedural Law | Date: 29 Aug, 2002 | Hits: 190
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