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Md. Joinaul Abedin Mintu Vs. Joint District Judge, 3rd Court Tangail and others, 2010, 39 CLC (HCD)
....int District Judge, 3rd Court, Tangail in Artha Rin Suit No.9 of 2002 as renumbered as Artha Rin Suit No.1 of 2004 (Annexure-G to the Writ petition) should not be declared to have been passed without any lawful authority and is of no legal effect. 2. The relevant facts for disposal of this Rule, ......to have been made without lawful authority and in an unlawful manner and is of no legal effect. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 277. ......xecution case. 7. In the instant case it appears that the decree-holder bank without taking any steps as per Chapter-VI of the Ain filed an application for getting certificate directly in original proceeding as per provision of Section 33(5) of the Artha Rin Ain, 2003. The law provides that by in..Category: Civil Law | Date: | Hits: 174
Azam Ali and another Vs. Akram Ali and others, 2010, 39 CLC (HCD)
....ntiffs in order to prove their case examined 2 witnesses and adduced documentary evidence which were marked exhibits 1 to 4. The defendants though cross-examined the P.Ws. yet they did neither adduce any oral nor documentary evidence but participated in the hearing of the argument of the suit. 9.......of status quo granted at the time of issuance of the Rule is hereby re-called and vacated. 20. Send down the lower Courts records. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 273. ......defendant to adduce evidence it will give him an indulgence to fill up the lacuna. The defendant cannot enjoy the benefits which he sacrificed due to his negligence. As the defendant was negligent in proceeding with the suit diligently he should not be allowed to adduce evidence after delivery of th..Category: Procedural Law | Date: | Hits: 99
Mohin Uddin (Md.) Vs. State, 2008, 37 CLC (HCD)
....ct of the provisions of section 103, CrPC is to ensure conducting of search in an impartial way and fair manner and also ensure that there is no planting of incriminating articles by the police or by any other person. There are quite a number of cases where the local witnesses of search and seizure ...... recovered a pipegan, 4 live cartridges and other looted goods high was seized through a seizure list. P.W. 14 Moulana Anowar Hossain deposed hat he does not know anything about this case. At such stage he was declared hostile. 28. P.W. 15, Abu Baker Siddique, is the 2nd investigating officer ......ighway to the west of Battali Bazar; that thereafter at about 3-15 AM when the force reached a place on the highway to the east of Darber Sharif at a distance of 200 yards saw a gang of 10/12 persons proceeding speedily towards the east from the west and when challenged they focused torch on the pol..Category: Criminal Law | Date: | Hits: 92
....……..Petitioner
Vs.
Commissioner, Customs, Excise and VAT Commissionerate and others………………Respondents
Judgment
May 13, 2007.
Result:
The Rule is made absolute without any order as to cost.
The Value Added Tax Act, 1991 ( Act No. XXII of 1991); sections 37, 55(1)
......rity as a tax payer having VAT Registration No. 9201003654.
3. It is stated that the petitioner has been paying VAT regularly on the sales of its products since such registration at the production stage at the rate of 15%. Accordingly, it submitted monthly returns under section 35 of the VAT Act.......05 (Annexure-C) is hereby declared to have been issued without lawful authority and, as such, of no legal effect. Communicate at once.
Ed.
This Case is also Reported in:61 DLR (HCD) (2009) 734.
..
Category: Fiscal/Taxation Law | Date: | Hits: 131
.................Petitioners
Vs.
Government of the People's Republic of Bangladesh and others...........Respondents
Judgment
November 26, 2002.
Result:
The Rule is made absolute without any order as to costs.
It is to be presumed that all actions taken by the government officials a...... the matter involves national interest the terms and conditions of the implementation agreement is being further scrutinised and is yet to be finalised and that the same will go through the following stages:
(a) Drafting and finalisation of the actual legal language consequent to the final agreem......well as State policy is alleged, the Court will not close its eye to redress such improper action on the technicalities as to the question of locus standi of the petitioner and maintainability of the proceeding………………………………………..(26)
Being guardian of the Constitution..
Category: Others | Date: | Hits: 113
BRAC vs. National Board of Revenue and another, 2008, 37 CLC (HCD)
....ht. Such right cannot be said to be taken away only by subsequent amendment except by express enactment or necessary intendment. Exercise of such right of appeal cannot be restricted by imposition of any restriction or condition 'onerous than what was there since such imposition of condition or rest......gal and/or unauthorized and as such, of no legal effect. In the result, the Rule is discharged with cost. Communicate at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 245. ......f appeal is not merely a matter of procedure. It is a matter of substantive right. This right of appeal from the decision of an inferior tribunal to a superior-tribunal becomes vested in a party when proceedings are first initiated in, and before a decision is given by the inferior Court. Such a ..Category: Fiscal/Taxation Law | Date: | Hits: 171
Md. Abul Basher Vs. The Judge, First Artha Rin Adalat, Chittagong and others, 2008, 37 CLC (HCD)
....ch would take lesser time than the normal process of realisation of loan and hence the Bank or Financial Institution will be more cautious and careful for early disposal of the Execution Case without any fault on their part……………………………..(20) Case Referred to- Khurshed Alam......to dispose of the Artha Rin Execution Case No.208 of 2004 expeditiously. Communicate the judgment to the Adalat concerned at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 208. ......d appearance in the said execution case and filed an application under section 37(1) of the Artha Rin Adalat Ain, 2003 (hereinafter referred to as the Ain, 2003) on 29.06.2005 for staying all further proceedings of the execution case on the ground that the execution case having been filed on 18.4.20..Category: Civil Law | Date: | Hits: 136
....e exclusion of jurisdiction of a Civil Court should not to be readily inferred. Even if jurisdiction is so excluded, the Civil Courts have jurisdiction to examine into cases whether the provisions of any Act have not been complied with when there is allegation of violation of the rules or procedures......he Specific Relief Act……………………….(12)
The ground of maintainability of suit needs to be agitated at the earliest possible opportunity, which cannot be done in a belated revisional stage……………………….(13)
Cases Referred to-
30 DLR 219; 40 DLR (AD) 45; 50 DLR (......er the provisions of Payment of Wages Act for realisation of his benefits consequent upon retirement. He submits that if a remedy has been provided under any other law, it created an implied bar to a proceeding under the Code of Civil Procedure, before the Civil Court. In support to his contention t..
Category: Employment/Service Law | Date: | Hits: 166
Mrs. Rokeya Begum Vs. Chartered Credit CoÂoperative Ltd., 2009, 38 CLC (HCD)
....¦â€¦â€¦â€¦â€¦.Petitioner Vs. Chartered Credit CoÂoperative Ltd…………………………………Opposite Parties Judgment June 2, 2009. Result: The Rule is discharged. If any notice is issued through registered post with AD, it can be legally presumed that the notice has......nciple of law is that to bring a case within the purview of section 561A for the purpose of quashing a proceeding one of following conditions must be fulfilled: (1) Interference even at an initial stage may be justified where the facts are so preposterous that even on admitted facts no case stand...... the notice has been served properly as per article 17 of General Clauses Act……………………….(20) The Code of Criminal Procedure, 1898 (Act No. V of 1898); section 561A Quashment of proceedings Non disclosure of the date of receipt of notice under section 138 (1) (b) of the Nego..Category: Criminal Law | Date: | Hits: 70
State Vs. Delwar Hossain & others, 2011, 40 CLC (HCD)
.... 2011 and Jail Appeal No.210 of 2006, Criminal Appeal No.2245 of 2006 and Jail Appeal No.329 of 2006 and Criminal Appeal No.4972 of 2006 and Jail Appeal No.209 of 2006 are allowed. Taking away of any booty from the victim or informant is not any precondition of dacoity rather an attempt in commi......r into the boat of the informant. The dacoits also made more gunÂshots causing bullet injuries to Saiful Islam Chowdhury and Nurul Bashar Bachhu, the accomÂpanying members of the informant. At that stage of the occurrence ATM Nurul Islam Chowdhury, another member of the accompanying party of the i......ru, Lalu and Shafique be called for. Let a copy of this Judgment and Order be comÂmunicated to the Court below concerned at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 356. ..Category: Criminal Law | Date: | Hits: 158
Waseq Ullah & Others Vs. Rezia Khatun and Others, 2010, 39 CLC (HCD)
....e, hostile, notorious and confined during the time necessary to create a bar under a statute of limitations and it must be adequate in continuity, publicity and extent………………..(18) When anyone claim in his plaint that he purchased the suit property orally, he cannot assert that he got ......No.510 in Title Suit No.50 of 1990 is set aside. Title Suit No.50 of 1990 is dismissed. Send down the lower Court records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 300. ...... extinguished or title of defendant Nos.2-22 was extinguished by the certificate case and sale for rent? 8. Is the plaintiff entitled to get a decree that suit is not vested property? 9. Is the proceeding of Certificate Case No.15930/60-61 and sale case No.63/63-64 null and void and not bindin..Category: Property Law | Date: | Hits: 83
Mohammad Ali Vs. Sukur Ali & others, 1985, 14 CLC (HCD)
....ischarged. The Code of Criminal Procedure, 1898 (Act No. V of 1898); section 339C In a number of cases involving serious and grave offences advantages of section 339C Cr.P.C. were taken without any trial. The practical conditions as obtaÂining in the field of administration of justice is boun......ite of the provisions of section 339C Cr.P.C. With the observations as above, this Rule is discharged. Latifur Rahman J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 1. ......ppeared but then the A.P.P. prayed for time which was allowed fixing 12.9.84 for trial. On that date three P.Ws. were present but an application was filed on behalf of the defence for stopping of the proceeding and releasing the accused under section 339C(4)Cr.P.C. The Additional Sessions Judge noti..Category: Procedural Law | Date: | Hits: 102
Daud Ali (Md.) and others Vs. State, 2003, 32 CLC (HCD)
.... the trial will create benefit for the accused appellant. 8. He argues that family dispute or ill feeling being the cause for the occurrence as stated in first information report was not proved by any evidence at the trial. If above plea goes no reason or ground will be left for the full brother ......appellants Daud Ali and Rabi Biswas are directed to be set at liberty if not connected with any other case. Record be sent down. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 699. ......ed appellants were absconding till 6Â-8‑1992 when they surrendered to the Court. It has been argued on behalf of State respondent that both the accused remained absconding being quite aware of the proceeding against them with guilty knowledge and mind and, as such, according to decision reported ..Category: Criminal Law | Date: | Hits: 93
....the works as PSI agencies for a period of three years. The petitioners under the arrangement with the Government have been satisfactorily carrying on their works and receiving payment thereof without any withholding or deduction of any money on account of VAT. It was agreed upon that Pre-shipment In......all the Writ Petitions. The Government of Bangladesh invited tenders from internationally reputed Pre-shipment Inspection Companies for the purpose of mandatory Pre-shipment Inspection at the initial stage. Pursuant to the said tenders separate agreements were entered into between the Government of ......pay VAT, and the amount already deducted from their bills is liable to refund. We direct the parties to bear their respective costs.
Ed.
This Case is also Reported in: 55 DLR (HCD) (2003) 691.
..
Category: Fiscal/Taxation Law | Date: | Hits: 119
....now is being approached.
6. Provision for addition of party is dealt in Sub-Rule (2) of Rule 10 of Order I of The Code. Sub-Rule 2 of Rule 10 of Order 1 of The Code enshrines that the Court may at any stage of the proceedings, either upon or without the application of either party, and on such te......e Petition is allowed.
A leassee in possession under the leassor in a property may be added as Party alongwith a leassor and in a proper case a party can be added even in a proceeding in Revision stage.................................(14)
Cases Referred to-
Parimal Majumder alias Parimal C...... 2007.
Result:
The Petition is allowed.
A leassee in possession under the leassor in a property may be added as Party alongwith a leassor and in a proper case a party can be added even in a proceeding in Revision stage.................................(14)
Cases Referred to-
Parimal M..
Category: Property Law | Date: | Hits: 82
Md. Farid Hossain Vs. State, 2007, 36 CLC (HCD)
....the higher authority of the Police Department about their failure to bring the prosecution witness before the Court for holding trial within the prescribed period of time. No process of the Court got any importance for execution by the Police so long………………………………….(5) The......atisfaction of the learned Judge of the Special Tribunal No.7, Dhaka. The Tribunal Judge shall, however, be at liberty to cancel the bail if the accused appellant misuses the privilege of bail at any stage of the trial. Send a copy of the judgment to the Court below at once. Ed. This Case ......ccused appellant misuses the privilege of bail at any stage of the trial. Send a copy of the judgment to the Court below at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 152. ..Category: Criminal Law | Date: | Hits: 92
Ruhul Amin Vs. State and another, 2007, 36 CLC (HCD)
....ted Kabala was actually admitted in evidence as an admitted document in the earlier pre-emption case. But the petitioner was simply a pre-emptor, and he was neither a party to the document nor he had anything to do about the execution thereof. As a co-sharer he sought for pre-emption of the land pur......akhsmipur in Criminal Miscellaneous Case No.41 of 2004. In the result, the Rule is discharged. The stay order stands vacated. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 141. ...... petitioner committed offences under sections 193, 465, 466, and 471 of the Penal Code by way of creating and using and attempting to use two forged documents and also by giving false evidence in the proceedings of Title Suit No.1653 of 1981. 2. Earlier a Rule was issued in this revision and furt..Category: Property Law | Date: | Hits: 122
Zafar Ahmed Vs. Mir Iftekharuddin & another, 2009, 38 CLC (HCD)
....ropolitan Sessions Judge, First Court, Chittagong in Sessions Case No. 1238 of 2007 arising out of CR 289 of 2006 under section 138 of the Negotiable Instruments Act, 1881, should not be set aside or any other order passed as this Court may deem fit and proper. 2. Pending hearing of the Rule, fur......al Judge is directed to proceed with the case expeditiously. Send a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 732. ...... of 1881); section 138 The criminal case should be disposed of with the least possible delay. Even mere pendency of earlier Civil Suit, connected with the matter, is no ground to stay the criminal proceedings initiated subsequently. The Court is to take into consideration all the related facts an..Category: Procedural Law | Date: | Hits: 128
....he said title suit has been rejected under Order VII, rule 11 of the Code of Civil Procedure by the Joint District Judge, 6th Court, Dhaka by the order dated 23-3-2008, holding that there is a bar to any suit challenging the requisition notice under section 14(A) of the Emergency Requisition of Prop...... without any order as to costs.
The order of status quo granted at the time of issuance of the Rules is hereby vacated.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 28.
......r the purpose of acquiring land in order to establish the headquarters for the Rakkhi Bahini. By the two petitions for amendment, the petitioners drew our attention to the fact that two LA cases were proceeding at the same time in respect of the same property and also that the Rakkhi Bahini for whom..
Category: Property Law | Date: | Hits: 121
Bangladesh Water Development Board Vs. MR. Sikder, 2003, 32 CLC (HCD)
....2. It has been contended that the plaintiff contractor has been executing the work of the contract with due diligence and proficiency but the defendants were finding faults with the plaintiff without any rhyme or reason. Subsequently, on the mutual consent of the parties, the time schedule for compl......fter serving proper notice to the defendant by registered post and conducted the arbitration proceeding fairly and lawfully and, as such, it is too late in the day to make grievance out of it at this stage. Mr. Ahmed also submits that from the facts and circumstances of the case and the evidence on ...... as the arbitrator of the Board. It was alleged that after being fully aware of the appointment of Mr. Jaigirder as the arbitrator of the defendant Board, the plaintiff proceeded with the arbitration proceeding before Mr. Justice Abdur Rahman Chowdhury collusively and fraudulently and managed an ill..Category: Alternative Dispute Resolution | Date: | Hits: 543
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