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....se of action, if any, had matured.
In view of the above the appeal is allowed without any order as to costs.
Ed.
This Case is also Reported in: 55 DLR (AD) (2003) 94; 1 ADC (2004) 497.
......se of action, if any, had matured.
In view of the above the appeal is allowed without any order as to costs.
Ed.
This Case is also Reported in: 55 DLR (AD) (2003) 94; 1 ADC (2004) 497.
......reased from one crore to five crore for receiving permission to start the University. The respondent challenged the legality of the impugned letter before the High Court Division by invoking its writ jurisdiction in Writ Petition No. 5233 of 2000.
3. The High Court Division by its judgment and ..
Category: Others | Date: 8 Feb, 2003 | Hits: 112
Abul Hossain (Md) Vs. State, 2003, 32 CLC (AD).
....is illegal. He submitted that in a case of such a nature there must be a complaint by the Court itself in accordance with the provision of section 195 of the Code of Criminal Procedure which is found totally absent in the present case. He further submitted that the High Court Division committed wron......ularity should not be allowed to affect the proceeding or prevent the Court from taking cognizance of the offence under clause (a) or (b) of section 190(1) of the Code of Criminal Procedure in the absence of clear enactment, expressed or implied, preventing the Court from doing so…&hellip...... the law to prevent a police officer from making a complaint when some facts have come to his knowledge even if he cannot investigate them. In any case, no intention can be read into the law that the jurisdiction of the Court would itself be barred, when an unauthorised police officer conducted the ..Category: Property Law | Date: 4 Feb, 2003 | Hits: 80
Md. Ashequr Rahman Vs. Bangladesh Agricultural Research Institute, 2003, 32 CLC (AD)
.... same is to be excluded. In that view of the matter we find that proceeding against the appellant was completed within 180 days as provides by Regulation 43(8) of the Regulations. The break up of the total days consumed in completing the proceeding has been shown by the appellant upon taking into ac......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. ......pellant filed a petition for review / reconsideration of the order passed in the appeal but he did not have the desired result. The appellant challenged his order of compulsory retirement in the writ jurisdiction of the High Court Division primarily contending that proceeding against him was not con..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
....000 disposed of the petition filed under Order XIV rule 2 of the Code of Civil Procedure and made direction to the plaintiff to sell the hypothecated goods and to adjust the sale proceeds against the total claim and that thereafter, if any amount remains due then to frame the suit for the said amoun......he suit upon amending the plaint in respect of the amount, if any, due from the pawnor. The Artha Rin Adalat, hereinafter in brief, the Adalat, made the aforesaid direction upon observing that in the absence of selling the hypothecated goods pawnee is not entitled to file the suit for realisation of......implication that the Contract Act, by defining his personal rights, cuts down in any way any remedy he may have through the Courts. The truth appears to me to be that the Court always has an inherent jurisdiction to administer, by sale or otherwise, the property of which it has seisin in any suit wh..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)
.... It has also been contended that order of suspension has been passed at the instance of the petitioner’s political rival at the local level and that the order of suspension has been passed upon total non‑application of mind and in the absence of the material for making an order of suspen......nsion has been passed at the instance of the petitioner’s political rival at the local level and that the order of suspension has been passed upon total non‑application of mind and in the absence of the material for making an order of suspension. It has also been submitted that office of...... Accordingly, the petition is dismissed. Ed. Same Case Cited in: 55 DLR (AD) (2003) 72. ..Category: Others | Date: 27 Jan, 2003 | Hits: 89
....s and/or error apparent on the face of the record this petition do not merit any consideration.
This petition is dismissed.
Ed.
This Case is also Reported in: 57 DLR (AD) (2005) 58
......vision of section 6(2) of the Value Added Tax of 1991, applicable in the case of the petitioners' finished goods which were produced long before Value Added Tax came into being on 1‑7‑1991 in the absence of any provision for retrospective effect inasmuch as the instant products were taken out of......ed tax. Therefore subsection (2) of section 6 of the Act applies and the imposition of value added tax on the CI Sheet in question by the respondent No. 4 does suffer from any illegality or want of jurisdiction. In dismissing this petition we do not subscribe to the view taken by the learned Judge..
Category: Fiscal/Taxation Law | Date: 26 Jan, 2003 | Hits: 114
Alfazuddin Ahmed Vs. Abdur Rahman and others, 2003, 32 CLC (AD).
....ian No. 3232, and not from the split khatian 3232/1 opened as back in 1977 in the name of Abdur Razzaque's heirs. So, it is seen that the High Court Division as well as the lower appellate Court upon total misconception that khatian No. 3232/l/1 was opened in respect of the land Abdul Gafur got by t......mptors' father and second, by separation of jama or splitting up of jama and opening of separate khatian by the pre‑emptors. The contention of the learned Counsel for the respondent that in the absence of application under section 117(1)(c) of the State Acquisition and Tenancy Act there cannot......shy;emptors is in respect of the land allotted in the share of Abdul Gafur in the partition suit. 6. The pre‑emptee moved the High Court Division in revisional jurisdiction as against the judgment and order of the appellate Court allowing pre‑emption. Th..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
....peal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 65. ......peal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 65. ......nt and more so while Tribunals had not found the respondent guilty of the offence of misconduct the reduction of penalty from major punishment to minor punishment was unwarranted, illegal and without jurisdiction and that AT and AAT erred in law in reducing sentence as because Tribunals have no auth..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. ......ed judgment of the High Court Division as well as the judgment of the Special Tribunal and thereafter, he submitted that the appellants were not aware of the trial and the same was held in their absence and the learned Additional Sessions Judge and Special Tribunal No. 1 convicted the accused a......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. ..Category: Criminal Law | Date: 3 Jan, 2003 | Hits: 84
Cinmoy Chowdhury and another Vs. Mridul Chowdhury and Others, 2003, 32 CLC (AD).
....quot; 25. In the case of Jitendra Nath Misay vs Abdul Malek Howlader and others 54 DLR (AD) 106 paragraph 6 it has been found as follows: "The sum total of the averments of the plaintiff in the plaint was that there was total absence of legal nece......;Presumption that a joint family continues joint‑Generally speaking, 'the normal state of every Hindu family is joint. Presumably every such family is joint in food, worship and, estate. In the absence of proof of division, such is the legal presumption' (p) in other words, 'given a joint Hind......ndant as to the title of the plaintiff in any partition of the suit property in a partition suit would not convert a partition suit into a declaratory suit for title and a suit for possession, as the jurisdiction of civil Court in case of a partition suit could not be placed at the mercy of every pr..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. ......is another pertinent question. We also find defendant No. 1 is a domicile of Singapore while defendant No. 2 of India, Main claim of the plaintiff is rest against the defendant No. 1 as agent. In the absence of any protocol in between Singapore and Bangladesh or any international conventions the pro......gladesh or any international conventions the process of a Court in Bangladesh cannot effectively inject or restrain such foreign company as prayed for unless the company voluntarily surrenders to our jurisdiction. In such view of the matter, this Division cannot order any ineffective or inexecutable..Category: Procedural Law | Date: 23 Nov, 2002 | Hits: 103
Zyta Garments Ltd. Vs. Union Bank Ltd. and another, 2003, 32 CLC (AD).
....ary and proper party to be added in the suit and find no illegality or infirmity in its judgement calling for our interference. The leave petition is dismissed. Ed. ......ary and proper party to be added in the suit and find no illegality or infirmity in its judgement calling for our interference. The leave petition is dismissed. Ed. ......y on the ground that if it was made a party it would create unnecessary complications in the disposal of the suit. 4. Being aggrieved the Petitioner obtained a Rule in civil revisional jurisdiction of the High Court Division in Civil Revision No. 4925 of 2000 and the Rule was dischar..Category: Civil Law | Date: 19 Nov, 2002 | Hits: 169
Tarak Chandra Majhi Vs. Atahar Ali Howlader and others, 2002, 31 CLC (AD)
....and not binding on the plaintiff. 2. Facts in the background of which the suit was filed, in short, are that Kamini Sundari Devi as owner of the land in suit on receiving Tk. 700/- out of total consideration of Tk. 1,000/- executed a bainapatra on 16thMagh, 1376 B.S. in favour of the pla...... 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. ......n and as such the order passed by the Land Administration Board was not legal. The defendant No.1 as against the judgment and decree of the appellate Court moved the High Court Division in revisional jurisdiction and obtained Rule in the aforementioned Civil Revision. The High Court Division made th..Category: Evidence Law | Date: 18 Nov, 2002 | Hits: 74
Asalat Zaman (Md) and others Vs. Government of Bangladesh and others, 2003, 32 CLC (AD).
....as aforesaid with interest at the bank rate till realisation. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 139. ...... The Arbitration Act, 1940 (X of 1940), Section 29 The Arbitrator has no jurisdiction to grant interest on the awarded amount till realisation in the absence of any agreement. The Court has jurisdiction in its discretionary powe......; Judgment November 17, 2002. The Arbitration Act, 1940 (X of 1940), Section 29 The Arbitrator has no jurisdiction to grant interest on the awarded amount till realisation in the absence of any agreeme..Category: Alternative Dispute Resolution | Date: 17 Nov, 2002 | Hits: 223
DC of Dhaka & ors Vs. Aziz Cooperative Housing Society Ltd. & ors, 2006, 35 CLC (AD)
....under section 3 of the Ordinance has been issued there would be sufficient land for the construction of the ramps and that access to the building by the proposed acquisition would not be disturbed or totally vanished. This being the proposition we are of the view that High Court Division has committ...... the Ordinance on the ground of vagueness and that the land proposed to be acquired unspecified as well as indefinite and that the notice was issued without proper application of mind and also in the absence of the materials for being satisfied as to the nature of the acquisition i.e. the proposed a...... up to the 14 storied out of 16 storied building. The High Court Division has also held that the impugned notice i.e. notice issued under section 3 of the Ordinance was issued unauthorisedly, without jurisdiction and for a purpose other than for which the acquisition proceeding has been started.&nbs..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)
....ides for show cause notice with reasonable opportunity for defence, the same has been grossly violated before taking penal action against the petitioner. This violation, according to us, amounts to a total miscarriage of justice. 6. Admittedly, the writ petitioner was initially served w......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. ......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. ..Category: Constitutional Law | Date: 12 Nov, 2002 | Hits: 322
Taiyaba Zaman Vs. Gias Uddin Ahmed and others, 2002, 31 CLC (HCD)
.... suit is accordingly, dismissed, however without any order as to cost. The order of stay granted earlier stands vacated. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 523. ...... suit is accordingly, dismissed, however without any order as to cost. The order of stay granted earlier stands vacated. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 523. ...... suit is accordingly, dismissed, however without any order as to cost. The order of stay granted earlier stands vacated. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 523. ..Category: Tenancy Law | Date: 6 Nov, 2002 | Hits: 198
Government of Bangladesh and another Vs. MA Khair Bhuiyan, 2003, 32 CLC (AD).
....n for non-prosecution and also there is no scope for embarking upon an investigation as to the alleged forgery. Let the petition be kept with the record." 6. The sum total of allegation is that by an application for withdrawal of the appeal for non-prosecution fraud......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. ......nistrative Appellate Tribunal who erred in not holding an enquiry into the allegation upon a view that there is no scope for embarking upon the investigation; (ii) that a Court or tribunal has always jurisdiction to set aside its order when it is obtained by practicing fraud and the Administrative A..Category: Civil Law | Date: 4 Nov, 2002 | Hits: 152
Hashibul Bashar Vs. Gulzar Rahman and anr., 2004, 33 CLC (AD)
....ments Act. 3. It has been stated in the petition of complaint that accused petitioner borrowed Taka 30,77,000 from his relation Md. Anwarul Islam. The accused petitioner issued 3 cheques totaling Taka 30,77,000 on different dates for repayment of the loan amount in favour of Md Anwarul ......-Record placed the judgment of the High Court Division and other materials on record and thereupon submits that the High Court Division was in error in not considering the fact that there being total absence of the ingredients constituting offence under section 138 of the Negotiable Instruments Act ......tiable Instruments Act. 10. In the background of the discussion made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. ..Category: Business or Commercial Law | Date: 28 Oct, 2002 | Hits: 326
Ekushey Television & anr. Vs. Dr. Chowdhury Mahmood Hasan & ors. 2003, 32 CLC (AD).
....2002. Our judgment will have no bearing in considering the application by Ekushey for licence by the said Commission which is free to decide in accordance with law. Ed. ......f. There must be definite evidence of bias to negate an action apparently bonafide. This plea is pressed at considerable length by the learned counsels. The weakness of this argument is that there is absence of fairness and transparency in the process of preparing the evaluation report and that is, ......install and operate a private TV channel. Therefore, the licence agreement signed with Mr. AS Mahmud was malafide. 10. Three persons challenged before the High Court Division in its writ jurisdiction, the licensing agreement dated 9-3-1999 signed by the Ministry of information, the Ekus..Category: Procedural Law | Date: 29 Aug, 2002 | Hits: 190
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