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Nasima Akhter Vs. Md. Siraj Miah and other, 2003, 32 CLC (AD)
....fers from no illegality and/or infirmity and we are not inclined to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 38. ......fers from no illegality and/or infirmity and we are not inclined to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 38. ......t February 4, 2003. Result: The petition is dismissed. The Specific Relief Act, 1877 (I of 1877), Section 12 In case of sale of immovable property, the court ordinarily does not take into consideration the increase of market price. Further, in case of sale of immovable property time i...... has come up with this petition for leave to appeal. 7. Mr. Md. Ozair Farooq, the learned Advocate appearing on behalf of the defendant‑ petitioner, submits that the High Court Division erred in law in decreeing the suit for Specific Performance of Contract in spite of its positive findings tha..Category: Property Law | Date: 4 Feb, 2003 | Hits: 147
Islami Bank Bangladesh Ltd. Vs. Sub-Judge and Additional Artha Rin Adalat & others, 2003, 32 CLC (AD
.... allowed. There is no order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 121. ...... allowed. There is no order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 121. ......e pawnor upon the debt or promise and retain the goods pledged as collateral security or he may sell the goods pledged on giving the pawnor reasonable notice of sale. But the court is not competent to make an order in a suit filed by the pawnee directing him to sell the pawned goods and …......r of rejection by filing Writ Petition No. 785 of 2000. A Division Bench of the High Court Division disposed of the writ petition upon making direction to the Adalat "to dispose of the issues of law first and postponed settlement of facts until the issues of law have been determined". Ther..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. ...... Accordingly, the petition is dismissed. Ed. Same Case Cited in: 55 DLR (AD) (2003) 72. ...... (XXV1 of 1977), Section 13 An elected public representative may be put out of office by the competent authority when such representative makes himself undesirable to perform his functions and duties and his continuation in the office is made undesirable from th......f 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 commissioners for removal of the petitioner was unlawful. 3. The High Court Division while issuing the Rule stayed th..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
......e, 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 value added tax w......, 2003.
The Value Added Tax Act, 1991 (XXII of 1991), Section 6
The Constitution of Bangladesh, 1972, Article 102
In as much as Writ Jurisdiction is concerned as regards to Value Added Tax Act, 1990, question of fact cannot be ascertained. However, factual aspect of the......d corrugated iron sheets, shortly 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 man..
Category: Fiscal/Taxation Law | Date: 26 Jan, 2003 | Hits: 114
Alfazuddin Ahmed Vs. Abdur Rahman and others, 2003, 32 CLC (AD).
....emption case is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 108. ......emption case is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 108. ......t be claimed in respect of the former khatian by former co-sharer of such khatian ………… ……….(19) Cases Referred to- Md. Abdur Rouf vs Ahmuda Khatun 33 DLR (AD) 323; Md Jabed Ali v......3232/1 relied upon by the trial Court came to an erroneous finding that the pre‑emptors were the co-sharers of the land sought to be pre‑empted, that the High Court Division erred in law in not considering that the Court of appeal below was wholly wrong in holding that Khatian No. 3..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
....ew, therefore the learned Tribunal has very correctly assessed the material on record in finding that the penalty of compulsory retirement has been harsh and that minor penalty would meet the ends of justice" dismissed the appeal. 4. Leave has been granted to consider the c......peal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 65. ......tion 4 The 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 ......nd 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 authority to reduce the sentence awarded by th..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. ......gh Court Division suffers from legal infirmity. We therefore, set aside the impugned judgment of the High Court Division. In the aforesaid premises, we find substance in this appeal and accordingly, the same is allowed. The judgment and order of the Special Tribunal No. 1, Jhenaidah pa......ns having been recovered from possession of the arrested persons who disclosed the names of the accused-appellants and the appellants being not present at the time of recovery they can not be held to be in possession of any arms……………….(8) ...... further contended that the seized 2 arms were found with the other 2 accused‑persons and the appellants were convicted assuming their constructive possession thereof which is bad in the eye of law. 7. Mr. Malek lastly, contended that the prosecution to prove the allegation that t..Category: Criminal Law | Date: 3 Jan, 2003 | Hits: 84
Securities and Exchange Commission Vs. Abu Tyeb and 10 ors. 2003, 32 CLC (AD).
....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. ......litan Sessions Judge to form his opinion. Such failure to produce documents have also made it difficult for the accused to decide whether a case lies against him or not. 13. Another reason, according to him, is that this is a case of special nature and does not fall within a normal FIR ca......e, 1898 (V of 1898), Sections 265B, 265C, 265D & 265E Sections 265B, 265C, 265D & 265E of the Code of Criminal Procedure form a composite session and steps under these sections are to be taken in the same session. When an accused is brought before the Court in pursuance of sectio......p; KM Hasan J.- These appeals are taken up together and disposed of by this judgment as the facts and law points involved are similar, except that no charge was framed against the accused respondents i..Category: Criminal Law | Date: 17 Dec, 2002 | Hits: 76
Captain (Rtd.) Nurul Huda Vs. State, 2003, 32 CLC (AD).
....or Pasha fired shots, there is no prima facie case of any overt act has been made out against the appellant. 5. Though the respondent State has not filed any concise statement, for ends of justice we have heard Mr. Abu Kowser Dabirushan, the learned Deputy Attorney‑General who appe......ed in connection with any other case. In the result this appeal is allowed. Ed. This Case is also Reported in: IV ADC (2007) 691. ......n of section 339C (4) of the Code of Criminal Procedure, the fact that the appellant has been suffering from enlarged prostrate gland and problems in his urinary tract for long attract the proviso to section 497 of the said Code to enlarge him on bail pending trial of the case. Hence bail is gra......sp; “To act upon a Rule of practice may, therefore, well constitute an arbitrary exercise of a discretionary power, for the exercise of a discretion vested by law in a Court must be upon sound judicial principles after taking into account the facts and circ..Category: Criminal Law | Date: 1 Dec, 2002 | Hits: 123
Cinmoy Chowdhury and another Vs. Mridul Chowdhury and Others, 2003, 32 CLC (AD).
....ils and is dismissed without any order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 115. ......roof Onus of proof in a civil litigation generally lies on the plaintiff but sometimes it is split between the parties and sometimes it is shifted on the defendant as well according to the respective case of the parties, as they plead, in view of the concept and meaning ...... Onus of proof in a civil litigation generally lies on the plaintiff but sometimes it is split between the parties and sometimes it is shifted on the defendant as well according to the respective case of the parties, as they plead, in view of the concept and meaning of the pro......longings by the gift to a member of the same joint family. He married to live a family life with the plaintiff’s mother. Therefore, we hold that the deed of gift was not made in accordance with law. The date of his death does not destroy the character of the joint family when the plaintiff wit..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. ...... The petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 99. ......dvocate‑on‑Record‑For Respondent No. 3. Not represented‑Respondent Nos. 4‑268. Civil Petition for Leave to Appeal No. 1378 of 2002. (From the judgment and order dated 25th......cy. The learned Judges of the High Court Division have also failed to consider that the petitioner has good prima facie case with balance of convenience and inconvenience in his favour, as equity and law have always accustomed to compel the performance of contract and trust. The learned Counsel furt..Category: Procedural Law | Date: 23 Nov, 2002 | Hits: 103
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. ...... 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. ........Appellant Vs. Atahar Ali Howlader and others...........Respondents Judgment November 18, 2002. Result: The appeal is allowed. Cases Referred to- Kessarbai Vs. Jethabhai Jivan AIR 1928 PC 277; 49 DLR (1997) 241. Lawyers Involv...... trial court decreed the suit on the findings that although the Ekrarnama is a genuine document yet, as the Ekrarnama is not a registered one as such on the basis of the same defendant No.1 under the law cannot go for enforcement of the right of redemption and as such the order passed by the Land Ad..Category: Evidence Law | Date: 18 Nov, 2002 | Hits: 74
Asalat Zaman (Md) and others Vs. Government of Bangladesh and others, 2003, 32 CLC (AD).
....tted an error of law in not considering that the amount of Taka 80,56,500 already paid to the contractor had, not been adjusted and deducted from the award money And that this has caused a failure of justice. 6. Mr. Ozair Farooq, the learned Counsel for the appellant, submits th......esh Railway. Resultantly, the learned Subordinate Judge passed an ex parte decree on 21 August 1996 making the award 4, Rule of the Court directing payment of the dues to the contractor with interest according to the bank rate within 30 days. 3. Aggrieved thereby, the Government...... 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 ......ontractor which has not been denied while passing the award. 5. Leave has been granted to consider as to whether the learned Judges of the High Court Division on misconception of law held that the award was vague in the matter of interest inasmuch as the learned Judges of the Hi..Category: Alternative Dispute Resolution | Date: 17 Nov, 2002 | Hits: 223
Chair, Board of Inter. & Secn. Edn., Jessore and ors. Vs. Md. Amir Hossain & anr., 2004, 33 CLC (AD)
....n and another..............Respondent Judgment November 12, 2002. The Constitution of Bangladesh, 1972, Art 102 Natural justice It is now well settled principle that even where provision for giving show cau...... of the Officer and Employee of the Board. This procedure having not been complied with before taking decision for compulsory retirement of the writ‑petitioner, the order so passed against him, according to us, is a clear violation of the Rules of the Board itself. It is now a settled principl......209;Record‑For the Petitioners. SS Halder, Senior Advocate, instructed by Md. Nawab Ali, Advocate‑on‑Record‑For Respondent No. 1. Civil Petition for Leave to Appeal No. 218 of 2002. Judgment &...... High Court Division making the Rule absolute declaring the impugned order passed by the petitioner No. 2 vide Memo No. Prasha/10/P‑22/5/77/913 dated 12‑11-1995 as issued without any lawful authority and of no legal effect. 2. The respondent No. 1 filed an application u..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. ......o one Mr. Matiur Rahman (defendant No.3) and that subsequently defendant No.3 having been in possession of the said shop through his tenant defendant No.2 agreed to sell the same to the plaintiff and accordingly defendant No.3 sold his possession in the suit shop along with the furniture's of th..........Petitioner Vs. Gias Uddin Ahmed and others.........................Opposite Parties Judgment November 6, 2002. Result: The Rule is made absolute. Cases Referred to- Kumar Begum Roy Vs. Panna Debi and others, 1982 BLD (AD) 54; Haji Abdul Latif Vs. Abdul Huq......sh suit on the same pleadings for the same reliefs on giving a different cause of action having no basis of substance to substantiate the same but only for the purpose of overriding or surpassing the law and the learned trial Court committed an error in rejecting the application for rejection of the..Category: Tenancy Law | Date: 6 Nov, 2002 | Hits: 198
Ahmed Impex (Pvt) Ltd. & others Vs. Moqbul Ahmed & others, 2002, 31 CLC (AD)
....ge of the High Court Division and accordingly, affirm the impugned judgment and order. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: ......nsferred his 100 shares to appellant respondent No. 2 transferred her 100 No. 3 and appellant No. 5 and the said transfers shares to were registered on 3‑1‑1987. The names of the respondents were accordingly, excluded from the register of shareholders of the company. 4. The respondents now c...... November 5, 2002. Result: The appeal is dismissed. The Companies Act, 1994 (XVIII of 1994), Section 38 The provision of section 38 of the Companies Act gives the Court a wide discretion to scrutinise any fraud, error or undue influence or misrepresentation in the matter of transfer of ...... of shareholders of the company. 4. The respondents now claim that neither respondent No. 1 nor respondent No. 2 transferred their shares to appellant No. 3 and appellant No. 5 and they are still lawfully holding the said, 200 paid up shares in the company, but Tofayel Ahmed fraudulently omitted..Category: Business or Commercial Law | Date: 5 Nov, 2002 | Hits: 208
Government of Bangladesh and another Vs. MA Khair Bhuiyan, 2003, 32 CLC (AD).
.... (i) Even if there may be an alternative remedy by way of an appeal to this Court, it would not bar the exercise 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 i......nying the death of the respondent was filed stating that there was no question of abatement. The High court found that the information regarding death of respondent was false and that he is alive and accordingly rejected the application for substitution. This Court with reference to good numbers of ...... Judgment November 4, 2002. The Code of Civil Procedure, 1908 (v of 1908), Section 151 (i) Even if there may be an alternative remedy by way of an appeal to this Court, it would not bar the exercise of inherent power under section 151 of the Code of Ci......aside its order when it is obtained by practicing fraud and the Administrative Appellate Tribunal was in error in taking a contrary view; and (iii) that the petition involves an important question of law of public importance, namely, whether after finally disposing of a matter a Court or tribunal ca..Category: Civil Law | Date: 4 Nov, 2002 | Hits: 152
Hashibul Bashar Vs. Gulzar Rahman and anr., 2004, 33 CLC (AD)
....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. ......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. ...... KM Hasan J Md. Fazlul Haque J Hashibul Bashar ...............Petitioner Vs. Gulzar Rahman and another..............Respondents Judgment October 28, 2002. The Negotiable Instrument Act, 1881 ( XXXVI of 188......having a special power authorising him by Anwarul Islam to do everything necessary for him to do in respect of his cheques..............that Gulzar Rahman, being a duly constituted Attorney under the law of Power of Attorney Act, is competent to file the complaint‑petition in Court and to do a..Category: Business or Commercial Law | Date: 28 Oct, 2002 | Hits: 326
Ekushey Television & anr. Vs. Dr. Chowdhury Mahmood Hasan & ors. 2003, 32 CLC (AD).
....ding malafide in the licensing process of ETV only on suspicion and inference without any proof. He further submits that this court on the facts of the case should play a remedial role to do complete justice under Articles 104 and 105 of the Constitution read together. Therefore, he urges that this ......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. ...... rule I The nature of public interest litigation (called PIL hereinafter) is completely different from a traditional case which is adversarial in nature whereas PIL is intended to vindicate rights of the people. In such a case benefit will be derived by a large number of peo......ple in contrast to a few, PIL considers the interest of others and therefore, in a public interest litigation the court will lean to protect the interest of the general public and the rule of law vis-à-vis the private interest. Where the rule of law comes in conflict with third party..Category: Procedural Law | Date: 29 Aug, 2002 | Hits: 190
Secretary, Ministry of Works and another Vs. Md. Yusuf Ali Khan and others, 2002, 31 CLC (AD)
....scussion we lo not fined any substance for allowing the appeal. The appeal is dismissed without any order of costs Ed. This Case is also Reported in: 1 ADC (2004) 312. ......olice outpost had been set up by the Government or that the suit house was listed as an abandoned property and the possession of it was taken over by the Government. 8. On the other hand according to the High Court Division PWs have proved the presence of defendant respondent in this c.....................Respondents Judgment August 21, 2002. Result: The appeal is dismissed. Lawyers Involved: Abdur Razaque Khan, Additional Attorney General (Faisal H. Khan, Assistant Attorney General with him) instructed by Md. Ataur Rahma......eed in respect of the suit house, if read together, imply that prior written permission of DIT is necessary in execution of a bainapatra for sale and the High Court Division fell into an error of law in overlooking the said provision and holding that the stage for obtaining permission has not ..Category: Contract Law | Date: 21 Aug, 2002 | Hits: 1110
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