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Ibrahim Vs. State, 2014, 43 CLC (HCD)
....It was further revealed that P.W.3 conspired to hurl acid upon victim but out of enmity accused appellant was implicated. 8. After trial the learned Judge convicted the appellant as aforesaid as holding: (a) The prosecution successfully proved the charge beyond all reasonable doubt; (......the cross-examination that at the night of occurrence it was dark. Therefore recognition of accused Ibrahim by the moon-light was not corroborated by the vital witnesses. 43. Moreover, the victim Sufia Begum sat under a date-tree at 9-00 pm and it was alleged that the accused Ib..Category: Evidence Law, Women and Children | Date: 16 Apr, 2014 | Hits: 17
Bibi Joynab Begum Chowdhury and others Vs. Osi Mia alias Osi Mia Sawdagar, 2014, 43 CLC (AD)
....land described in schedule-1 to the plaint originally belonged to two brothers, namely, Aparna Charan Chakraborty and Shyama Charan Chakrabory. While they were in possession of the land of schedule-1 holding in equal share, Shyama Charan Chakrborty died leaving behind two sons, namely, Kalipada Chak...... Nos.1-7 as the plaintiff instituted Other Suit No.31 of 1984 in the Court of the Senior Assistant Judge, Sadar, Chittagong against the defendant-respondent and others for declaration of title and recovery of possession. On transfer, the suit was renumbered as Other Suit No.85 of 1999. The plaintiff..Category: Property Law | Date: 19 Mar, 2014 | Hits: 15
.... instant Rule.
4. Mr. Zahirul Alam Babar, learned Advocate appearing on behalf of the petitioner submits that the impugned orders are ex-fade mala fide, illegal and arbitrary inasmuch as without holding any inquiry regarding the testimonial of the petitioner and without giving any notice of bei......al Original Jurisdiction)
Present:
M Moazzam Hussain J
Md. Badruzzaman J
Rahima Begum...............................Petitioner
Vs.
Government of Banglades Represented by the Secretary, Ministry of Local Government and others..........
Category: Constitutional Law, Employment/Service Law | Date: 13 Mar, 2014 | Hits: 6
SM Deen Islam Vs. Government of Bangladesh and others, 2014, 43 CLC (HCD)
....its that the opinion was duly and properly formed by the respondent government, for it has been clearly spelt out in the temporary suspension orders that because of the allegation of corruption, holding the office of Chairman of the concerned union parishad by the petitioners should not continu......; Government of Bangladesh and others..........Respondents Judgment March, 2014. Result:..Category: Administrative Law, Constitutional Law | Date: 4 Mar, 2014 | Hits: 5
Hafiz Ahmed Mazumder Vs. Pubali Bank Limited, 2014, 43 CLC (HCD)
.... a venue within the prescribed time frame provided by the High Court Division the Respondent No. 1 was constrained to file an application to the Hon'ble High Court Division to extend the time for holding the AGM and on the application of the Respondent No. 1 Bank, the High Court Division, by its......No. 1 Company; that the Respondent No. 1 is a public company limited by shares incorporated under the Companies Act, 1913; it carries on business as a commercial bank through its branches located all over Bangladesh it's shares are listed and publicly traded in the Dhaka and Chittagong Stock Exc..Category: Banking Law, Corporate Law | Date: 25 Feb, 2014 | Hits: 9
Ruksana Huq and oth¬ers Vs. AK Faizul Huq (Raju) and others, 2014, 43 CLC (AD)
.... the High Court Division and obtained rule. A Single Bench of the High Court Division ultimately, after hearing both the parties and considering the facts and circumstances, discharged that rule holding that the Court below committed no illegality in rejecting the petitioners application for wi...... process of Court. 11. However, we find no merit in this Civil Petition for Leave to Appeal and hence it is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 240. ..Category: Civil Law, Procedural Law | Date: 25 Feb, 2014 | Hits: 4
BOC Bangladesh Ltd Vs. National Board of Revenue and others, 2014, 43 CLC (AD)
....arned Deputy Attorney General, it is pertinent to go through the grounds, on which, leave was granted on the following grounds: "(I) The High Court Division acted illegally in not holding that the impugned Order No. CEVT/CASE (VAT) 5/98 dated 30-6-1998 passed by respondent No.2 a......he introducing of Value Added Tax, the writ-petitioner has been paying the same on regular basis on the manufactured price of the item. The writ-petitioner has seven VAT registered locations all over the country of whom, one at Ramgarh, Jalalabad and another at Bhatiari, Chiggagong. The co..Category: Fiscal/Taxation Law | Date: 19 Feb, 2014 | Hits: 5
Aftab Uddin (Md.) Vs. Chairman, Court of Settlement and another, 2014, 43 CLC (AD)
....of the High Court Division a petition for leave to appeal was filed by the appellant and leave was granted to consider the following grounds: I "Whether the High Court Division was wrong in holding that the High Court Division is not competent in law to disturb the finding of the Court of ......of the abandoned buildings published in the Bangladesh Gazette (Extraordinary) dated 23 September, 1986 as per provision of section 5(1) (b) of the Ordinance, was leased out for Taka 600 by the then Government of East Pakistan on 10-2-1956 to one Kulsum Bibi wife of Abdur Rahman, a refugee. It was o..Category: Abandoned Properties Law | Date: 19 Feb, 2014 | Hits: 21
S.N. Kabir Vs. Fatema Begum and others, 2014, 43 CLC (AD)
....h a view to maximizing production and ensuring a better relationship between land owners and bargaders and the provisions of the entire Ordinance are relating to agricultural and cultivable land holding and transfers and not relating to urban land, and the provisions of section 5 of the sa......by the judiciary which is not at all permissible........................(23) Benami Transaction Because of benami transactions, multifarious litigations crop up across the country. Moreover, the persons having the possession of black money take advantage of benami transactions by..Category: Property Law | Date: 16 Feb, 2014 | Hits: 19
Pannu @ Md. Pannu Mia & others Vs. State, 2014, 43 CLC (HCD)
.... J. - By this Rule the accused-petitioners have challenged the legality and propriety of the order dated 15-5-2000 passed by learned Additional District Magistrate, Gazipur allowing an application of holding further investigation in Joydebpur Police Station Case No. 34(12)98, corresponding to G...... they without seeking their redress to the lower jurisdiction, have directly sought their redress to this court, so we feel that instant Revision is not maintainable. Therefore, we failed to discover any merit in this petition. Thus the rule having no merit fails. In view of foregoing narr..Category: Criminal Law | Date: 3 Feb, 2014 | Hits: 2
....চ্ছা/১ক-১/২০০২/২০০৩/৩৬১ dated 20-10-2002 purportedly terminating 135 employee including writ petitioners. The High Court Division made the said rule absolute holding that identical matter had been disposed of by a judgment and order dated 27-5-2008 by this D......d only in the "Henry VIII clause". Voluntary retirement scheme is a method used to reduce surplus staffs. Participation in the voluntary retirement plan is voluntary. It has to result in an overall reduction in the existing strength of employees..........(21)
It is the administrators ..
Category: Administrative Law, Employment/Service Law | Date: 2 Feb, 2014 | Hits: 9
Shafique Ahmed Vs. Md. Abdul Latif Bhuiyan, 2014, 43 CLC (HCD)
....ant-petitioner in the 4 Court of Senior Assistant Judge, Narayanganj for ejectment of the defendant-petitioner from the suit premises. On 30-9-2010, the learned Trial Judge, however, decreed the suit holding, inter alia, that the defendant-petitioner is a monthly ejectable bharatia. On appeal, the l......l nature of which the value does not exceed twenty-five thousand Taka shall be cognizable by a Court of Small Causes. Sub-section (3) of section 15 of the Act provides that subject as aforesaid, the Government may, by order in writing, direct that all suits of a civil nature of which the value does ..Category: Civil Law, Others | Date: 30 Jan, 2014 | Hits: 4
Lakshmi Bala Sen and others Vs. Tarun Tapan Dutta @ Tapan Kumar Dutta and others, 2014, 43 CLC (AD)
.... which are as under: "The learned Judge of the High Court Division having misconstrued and misinterpreted the sale deed exhibit-1 dated 25-11-1962 and thereby committed error of law in holding that the said exhibit-1 constitute a deed of mortgage and not a deed of out and out in view ......ld clearly appear that the intention of the parties was to make it a mortgage by conditional sale. The mortgage was to be redeemed within 10 years. The mortgagees enjoyed the mortgaged properties for over 15 years for the principal amount and maximum interest available to the mortgagees thereon. Anu..Category: Tenancy Law | Date: 30 Jan, 2014 | Hits: 15
Abdul Hakim (Md.) Vs. Md. Nazrul Islam and others, 2014, 43 CLC (AD)
....ellip;….Respondents Judgment January 20, 2014. Result: The petition for leave to appeal is dismissed. A pre-emptor must not only have a subsisting interest in the holding when he files an application for pre-emption but must continue to hold the self-same interes......e to appeal, in a nutshell, are: The leave petitioner as the pre-emptor filed Pre-emption Case No.5 of 2000 in the Court of Senior Assistant Judge, Nandail, Mymensingh claiming pre-emption right over 24 decimals of land described in the schedule to the application for pre-emption under section ..Category: Property Law | Date: 20 Jan, 2014 | Hits: 44
Ali Garments Limited Vs. Commissioner of Taxes, 2014, 43 CLC (AD)
....1831 of 1995-96 before the Taxes Appellate Tribunal. The Tribunal directed the revenue authority to accept the sale as disclosed by them and also reduced the rate of gross profit to 20% from 25% holding that the decision was taken by the appellate authority on comparison of records with paralle...... that being so it could not be made a ground for making reference under section 66(1) of the Income-tax Act." 11. She further submitted that the question of fact does not require to be controverted by filing an affidavit-in-opposition. As there was no requirement to controvert the question..Category: Fiscal/Taxation Law | Date: 5 Jan, 2014 | Hits: 11
Abdul Quader Mollah Vs. Chief Prosecutor, International Crimes, Tribunal, Dhaka, 2013, 42 CLC (AD)
....iew petitions summarily observing that petitions for review from judgment passed in writ jurisdiction were not maintainable. This Division was of the view that the High Court Division was in error in holding the above view, inasmuch as, the Court is competent to exercise its discretion in a case whe......PLD 1949 PC 1; Poonam Vs. Sumit Tanwar, (2010) 4 SCC 460; Pakistan Vs. Akhlaque Hossain, 17 DLR (SC) 545; Major Bazlul Huda Vs. State, 63 DLR (AD) 62; Messrs Thungabhandra Industries Limited Vs. The Government of Andhra Pradesh, AIR 1964 SC 13 72; Sheonandan Paswan Vs.State of Bihar, AIR 1983 SC 112..Category: International Crimes Tribunal Law | Date: 12 Dec, 2013 | Hits: 15
Sheikh Md. Rafiqul Islam (Babul) Vs. Manager, Uttara Bank Limited and others, 2013, 42 CLC (HCD)
....e No.41 of 2001 for realization of Taka 2, 42, 81,224.86 against the borrower which was decreed on 22-9-2004 and filed Artha Jari Case No. 502 of 2004. Mr. Sharif Uddin Ahmed, the respondent No.3 was holding the rank and status of the Joint District Judge till 10-11-2007 and was allocated the judici......office order No.742- Bichar-3/(IT,2/2001 dated 11-11-2007 issued under the signature of the Deputy Secretary (Administration), Judicial Section-3, Ministry of Law, Justice and Parliamentary Affairs, Government of Bangladesh (Annexure-"B"). 3. The respondent No. 3 Mr. Sharif uddin Ahme..Category: Administrative Law, Banking Law | Date: 20 Nov, 2013 | Hits: 6
....the aforesaid BLA case on the same day first party-respondent also prayed for interim order purportedly under section 216(1) (chha) of the Act, 2006 restraining the second party-petitioners from holding such election to be held on 15-10-2011.
4. By order dated 11-10-2011 the Chairman of th......provisions of section 202(21) of the Act, 2006. .....(15)
Affairs in Civil Nature Must Be Adjudicated By the Civil Court—
Section 317(4) entrusted the Director of Labour with power to oversee and supervise the election of a trade union and in the case of any dispute relating to inter..
Category: Labour and Industrial Law | Date: 18 Nov, 2013 | Hits: 5
AKM Mosharraf Hossain Vs. State & another, 2013, 41 CLC (HCD)
.... 5. Subsequently, the case record was sent to the learned Senior Special Judge, Dhaka who took cognizance of the offence and transferred the case to the Court of Divisional Special Judge, Dhaka for holding trial who on receipt the same, framed a formal charge against the accused-person which was d......onvict-appellant requested the Chairman, BCIC to provide him with pay and allowance at the rate, he used to draw as Chairman of the same subject to adjustment till execution of his contract with the Government. It has been also alleged that the convict-appellant received Taka 2,89,130.61 towards pay..Category: Anti-Corruption Laws, Criminal Law | Date: 10 Oct, 2013 | Hits: 3
SM Redwan Vs. Md. Rezaul Islam and others, 2013, 42 CLC (AD)
....dit of that account was insufficient to honour of the cheque as envisaged in section 138 of the Act. Of course this is a rebuttable presumption. The defence can be considered at the time of holding trial and not in an application under section 561 A of the Code.......(22) Cases Referr......he High Court Division are hereby set-aside. The concerned Courts are directed to proceed with the cases in accordance with law. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 169. ..Category: Criminal Law, Others | Date: 9 Oct, 2013 | Hits: 12
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