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Abul Kashem Vs. Major General Mahmudul Hasan (Rtd.) and others, 2012, 41 CLC (AD)
.... Civil Procedure. In the light of the above, no interference is called for. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 160. ......n-payment of telephone bills by the petitioner for an amount of Tk.31,110 against telephone No.45701 earlier taken by the appellant. 6. Respondent No.1 also claimed that the petitioner took loan from the Pubali Bank Limited and the outstanding loan stood at Tk. 31, 71, 00,000. 7. Ignoring ......appeal before this Division direct a fresh poll in respect of the said candidates. 35. The situation mentioned in Article 66(1) of the RPO is quite different from Article 63(1). Article 66(1) is independent of Article 63(1) of the RPO and there is no scope for reading article 64 and article 66(......ngail acting as Returning Officer received objections and information about disqualification of the petitioner on two counts, namely default in paying bank loan and telephone bills. 3. The first source was a letter dated 30-11-2008 issued by the Sonali Bank Limited, Bango Bhandhu Avenue, Corpor..Category: Election Law | Date: 5 Jun, 2012 | Hits: 217
Grameen Telecom Vs. Commissioner of Taxes, 2012, 41 CLC (HCD)
....istrar, Supreme Court of Bangladesh is directed to take step under section 161(2) of the Income Tax Ordinance, 1984. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 241 ...... dated 27-3-2001 allowed the appeal in part. However, he did not interfere with assessment order regarding the disallowance of Taka 2, 69,31,994 paid as interest to Grameen Kalyan for the loans taken from it and also regarding disallowance of Taka 3,00,00,000 obtained as bridge loan from Grameen Kal......istrar, Supreme Court of Bangladesh is directed to take step under section 161(2) of the Income Tax Ordinance, 1984. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 241 ......nts as well as the Audit Report and submits that from the assessment order and the appellate orders it is evident that the assessee did not claim to have paid advance duties, taxes, etc. at' source at the time of importing telephone sets. He next submits that from the Audit Report annexed t..Category: Fiscal/Taxation Law | Date: 3 Jun, 2012 | Hits: 4
.... as to costs.
Send down the LCRs along with a copy of the judgment to the Court below immediately.
Ed.
This Case is also Reported in: 18 BLC (HCD) (2013) 194.
...... filed statement of claim before the Arbitration Tribunal seeking following reliefs:—
a) Contract Price—Taka 4, 11, 50,000.
b) Interest on the contract price eat the rate of 17% from 3-4-2007 till the date of award.
c) Office expenses at the rate of Taka 30, 000/-per month......ver, they (experts) were unable to answer to be vital question whether the plant was capable of taking work load for 2000 bed hospital or not. In this respect, those experts suggested to form another independent body to observe the Washing Plant in running condition for a period of three months.
...... as to costs.
Send down the LCRs along with a copy of the judgment to the Court below immediately.
Ed.
This Case is also Reported in: 18 BLC (HCD) (2013) 194.
..
Category: Arbitration Law | Date: 10 May, 2012 | Hits: 16
Professor Muhammad Yunus and another Vs. Bangladesh, 2012, 41 CLC (AD)
....ve observations. The parties would bear their respective costs. Ed. This Case is also Reported in: VIII ADC (2011) 834, 17 MLR (AD) (2012) 121, 64 DLR (AD) (2012) 152 ......ns, 1983 have no manner of application to Prof. Muhammad Yunus, that the Bangladesh Bank has not been invested with any authority to pass any order relieving the Managing Director of the Grameen Bank from service and that the removal was in violation of the principle of natural justice. 9 (nine......ve observations. The parties would bear their respective costs. Ed. This Case is also Reported in: VIII ADC (2011) 834, 17 MLR (AD) (2012) 121, 64 DLR (AD) (2012) 152 ......ks instead. 55. It is to be remembered that Judges administer justice. In order to do justice, the first and foremost expectation from them is to be just. This expectation itself is the fountain source of all that can be put in the realm of canons of judicial ethics. A Judge can not have any pr..Category: Banking Law | Date: 5 May, 2012 | Hits: 220
Sarwar Kamal Vs. State, 2012, 31 CLC (HCD)
....stry of Home Affairs and Secretary Ministry of Law Justice and Parliamentary Affairs for their appraisal and future guidance. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 329. ......ower to deal with the constitutional matters, but where the petitioner has sought direction to give effect the order of pardon remitting his sentence, it cannot fold its hands off and shut its eyes from examining the order of the Ministry of Home Affair's to remit the sentence of the petitioner…......stry of Home Affairs and Secretary Ministry of Law Justice and Parliamentary Affairs for their appraisal and future guidance. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 329. ......ence. We cannot agree that the power which is the creature of the Code can be equated with a high prerogative vested by the Constitution in the highest functionaries of the Union and the State. The source is different, the sub-stance is different, the strength is different, although the stream may..Category: Criminal Law | Date: 25 Apr, 2012 | Hits: 98
Government of Bangladesh and others Vs. Md. Badal and another, 2012, 41 CLC (AD)
....e above, we find merits in the appeals. Accordingly, the appeals are allowed. There will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 246. ......duty and taxes to release/return 42 pieces of gold to each of them. 4. The case of the petitioners as made out in the writ petitions was that each of them purchased 42 pieces i.e.5kgs of gold from Narayon and Brother's (S) Pte. Ltd.320 Seragoon Road, 04-55, Serangoon Plaza, Singapore-218108......e above, we find merits in the appeals. Accordingly, the appeals are allowed. There will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 246. ...... Attorney-General representing the Government of Bangladesh and others submits that the High Court Division committed an error in not holding that the respondent did not disclose his profession and source of income that he did not make any declaration at the Airport in respect of the gold bar car..Category: Criminal Law | Date: 17 Apr, 2012 | Hits: 20
Anti-Corruption Commission Vs. Monjur Morshed Khan & three another, 2012, 41 CLC (AD)
....pending in the High Court Division by accused-persons. These petitions are disposed of with the above observations and findings. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 124. ......e person or the informant can not prevail over special law, inasmuch as, the Commission under the Ain of 2004 has been given exclusive power to conduct cases instituted under the Ain. This is evident from sections 17, 18, 19, 20, 28 and 33 of Ain, 2004 and section 10(2) of the Act of 1985. 7. W......se petitions arose were filed by the convicted accused against the judgments Judge, Court No.7, Dhaka. In those appeals the Commission prayed for addition as respondent on the ground that it being an independent organization having power to inquire, investigate, conduct cases and life appeals agains......pending in the High Court Division by accused-persons. These petitions are disposed of with the above observations and findings. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 124. ..Category: Anti-Corruption Laws | Date: 12 Apr, 2012 | Hits: 212
Rakibul Islam Vs. State, 2012, 41 CLC (HCD)
....used is on bail obtained from this Division, he is to be discharged from his bail bond. Send down the Lower Court Records. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 438. ...... for the convict-appellant, having placed the application for appeal along with the materials on record, submits that the FIR in this case has been filed after a delay of two months and twenty days from the date of occurrence and this casts a serious doubt about the creditability of the prosecut......used is on bail obtained from this Division, he is to be discharged from his bail bond. Send down the Lower Court Records. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 438. ......as already divorced the appellant as would be evident from the deed registering the divorce and recording payment of dower money and that the appellant who is a poor constable and his job is the only source of his earning. On these counts the learned advocate prayed for acquittal of the convict up..Category: Women and Children | Date: 3 Apr, 2012 | Hits: 64
Rabeya Khanam Vs. State, 2012, 41 CLC (HCD)
.... in relation to the petitioner Let a copy of the Judgment be sent to the concerned Court for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 467. ......ceeds of the same. The informant filed an application to the concerned wakf administrator against her corruption as a result out of enmity on 20-05-2007 she along with others abducted the informant from Faridpur and he was taken to Rajbari by Microbus where the accused persons caused injuries on t...... in relation to the petitioner Let a copy of the Judgment be sent to the concerned Court for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 467. ......prevent abuse of the process of the Court and thirdly, to secure the ends of justice. What is 'inherent' is an inseparable incident of a thing or an institution in which it inheres. This rule has its source in the maxim "Quado lex aliquid alicut concedit, conceders videturid sine quo ipsa esse non p..Category: Procedural Law | Date: 15 Mar, 2012 | Hits: 215
....gy University be allowed to continue with their regular studies accordingly.
However, there shall be no order as to costs.
Ed.
This Case is also Reported in: 18 BLC (HCD) (2013) 166.
......ary decision to abolish the Animal Husbandry education and profession. It is stated that though the UGC was supposed to form a 7 member committee which was to submit their report within 7(seven) days from 20-10-2011 but the said 7 member committee was formed lately vide office order dated 25-10-2011......c University for Animal Husbandary is not required to be opened. It is further stated that most of the countries of the world, except in some universities, do not offer BSc degree in Animal Husbandry independently as the Animal Husbandry courses are the part of the Veterinary degree. It is further s......gy University be allowed to continue with their regular studies accordingly.
However, there shall be no order as to costs.
Ed.
This Case is also Reported in: 18 BLC (HCD) (2013) 166.
..
Category: Others | Date: 14 Mar, 2012 | Hits: 5
Akkas Ali Sarder Vs. State, 2012, 41 CLC (HCD)
....riminal Revision No.54 of 1996 is set-aside and quashed. The order of stay granted at the time of issuance the Rule is hereby vacated. Ed This Case is also Reported in: 64 DLR (HCD) (2012) 483. ......i Hospital by some persons and on receiving the information about the occurrence, the informant went to the Rajbari Hospital and attended nursing of his younger brother, collected medical certificate from doctor and after knowing the details about the facts lodged the ejahar as such, the Rajbari PS ......riminal Revision No.54 of 1996 is set-aside and quashed. The order of stay granted at the time of issuance the Rule is hereby vacated. Ed This Case is also Reported in: 64 DLR (HCD) (2012) 483. ......prevent abuse of the process of the Court and thirdly, to secure the ends of justice. What is 'inherent' is an inseparable incident of a thing or an institution in which it inheres. This rule has its source in the maxim "Quado lex aliquid alicut concedit, concoders videturid sine quob ipsa esse nan ..Category: Criminal Law | Date: 4 Mar, 2012 | Hits: 117
....gh Court Division is correct.
Accordingly the appeal is dismissed without any order as to costs.
Ed.
This Case is also Reported in: 64 DLR (AD) (2012) 65; 32 BLD (AD) (2012) 127; 9 ADC (2012) 489.
......e non-payment of telephone bills by the appellant for an amount of Tk.31,110/= against telephone No.45701 earlier taken by the appellant.
3. Respondent No.1 also claimed that the appellant took loan from the Pubali Bank Limited and the outstanding loan stood at Tk. 31,71,00,000/-.
4. Ignoring the ......the company from the list of CIB record did not absolve the company from the loan liability and that the disqualification of a candidate for the purpose of parliamentary election is a personal matter independent of the liability of his company. The High Court Division also held that since he held th......oner, Tangail acting as Returning Officer received objections and information about disqualification of the appellant on two counts, namely default in paying bank loan and telephone bills.
The first source was a letter dated 30.11.2008 issued by the Sonali Bank Limited, Bango Bhandhu Avenue, Corpor..
Category: Election Law | Date: 14 Feb, 2012 | Hits: 262
....one should immediately pay, if not paid already, the fees, charges and VAT to the concerned authorities in accordance with law.
Ed.
This Case is also Reported in: 18 BLC (HCD) (2013) 401.
......overnment is of the view that any condition of the license has to be amended, it may direct the BTRC to do such amendment and such amendments may be brought about only after seeking written statement from the licensee and after consideration of such written statement, if any. .......... (28)
No......one should immediately pay, if not paid already, the fees, charges and VAT to the concerned authorities in accordance with law.
Ed.
This Case is also Reported in: 18 BLC (HCD) (2013) 401.
......pient or facility recipient.............(38)
Section 6(4) (4 ক ক) (4 ক ক ক) (4খ) and 4 (ঙ)
The VAT has to be paid by the recipient of service or facility like Grameen Phone at source after deduction. Dispute cropped up because of the words “উৎসে কর্তন&..
Category: Fiscal/Taxation Law, Information Technology Law | Date: 13 Feb, 2012 | Hits: 15
Muzibur Rahman and others Vs. State and others, 2012, 41 CLC (AD)
....mmuting the sentence of death to imprisonment for life by majority decision. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 98. ...... rigorous imprisonment for ten years, and acquitted seven other accused persons of the charge under sections 302/34. These three convicts Muzibur Rahman, Fayzul Haque @ Fazal and Babul obtained leave from the judgment of the High Court Division. 3. Short facts relevant for the disposal of ......aw. An appellate judgment, like a judgment of the trial Court must fulfill the conditions laid down in sections 367 and 368 of the Code of Criminal Procedure. An appellate judgment must be quite independent and stand by itself so that it may indicate that it has considered the case in a proper ......mmuting the sentence of death to imprisonment for life by majority decision. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 98. ..Category: Criminal Law | Date: 1 Feb, 2012 | Hits: 6
MN Alam Associated Ltd Vs. Chairman, Rajdani Unnayan Kartripakkhaya, 2012, 41 CLC (AD)
.... arbitration may proceed afresh in accordance with law. With the above observations and findings the appeal is disposed of. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 153. ......t did not pay any heed to the request. In order to remove the uncertainty about the rate of fees for consultancy services, printed copies of recommendation on determination of fees were obtained from the Royal Town Planning Institute (RTPI) of UK and the minimum rate of fees for similar work wa...... Court under section 8(2) of the Act for appointment of an arbitrator. In this context the High Court Division rightly observed: "None of the parties has any right to appoint any arbitrator independent of the agreement and ask other party to concur. The course adopted by the consultant cou...... arbitration may proceed afresh in accordance with law. With the above observations and findings the appeal is disposed of. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 153. ..Category: Arbitration Law | Date: 24 Jan, 2012 | Hits: 7
Atif Atiq (Md.) and another Vs. Nurun Nahar Begum and others, 2012, 41 CLC (AD)
....the supplementary agreement dated 16-8-2004. With the above observations, this petition is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 27, 18 MLR (AD) (2013) 65. ...... price of the above flat was fixed at Taka 30, 00,000. A tripartite agreement was executed accordingly. The plaintiff paid a sum of taka 8, 00,000 (eight lac) to defendant No.2 in 6(six) installments from 1-5-2000 to 2-6-2001. The plaintiff found the flat small in size in comparison with her need. S......e learned Judges of the High Court Division considered the evidence of P.W.1, Shahid Ahmed, son of the plaintiff who was examined on behalf of his mother. P.W.2, Monowar Habib interior designer, an independent witness, D.W.1-(defendant No.2), D.W.2-who deposed on behalf of defendant Nos.4 and 5, D......e was nothing to compel the land owner to perform his part of obligation. He has further submitted that after taking over possession of the project site, the land owner collected money from different sources, such as: from other flat owners and by selling the suit flat to a third party and then got ..Category: Property Law | Date: 22 Jan, 2012 | Hits: 87
Advocate Manzill Murshid Vs. Bangladesh and others, 2012, 41 CLC (HCD)
.... are set aside. The respondents are directed to revoke the impugned orders forthwith and restore the previous practice without further ado. Ed. This Case is also Reported in: ......ople’s Republic of Bangladesh promulgated an Ordinance under the title, “The Supreme Court Judges (Remuneration and Privileges) Ordinance, 1978. Provisions figured therein, witnessed amendment from time to time, in order to increase the Remuneration and Privileges of the Hon’ble Judges of ......, the respondents’ stance will also ensue national tragedy. 25. The state has a bounden duty to continue to accord medical facilities to the S.C Judges in order to keep afloat the theme of independent judiciary and ensure a World Class Justice delivery system. 26. In addition to th...... are set aside. The respondents are directed to revoke the impugned orders forthwith and restore the previous practice without further ado. Ed. This Case is also Reported in: ..Category: Constitutional Law | Date: 6 Jan, 2012 | Hits: 12
Husne Ara Begum and another Vs. Saiful Alam (Md.) and others, 2011, 40 CLC (HCD)
....ordingly. The learned Judge is directed to proceed with suit in accordance with law. Communicate this order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 34. ......nd statement made in the application under Order I Rule 10 of the Code of Civil Procedure that 3rd party petitioner claimed the suit land on the basis of prior heba-bil-ewaj deed and also by purchase from defendant No.1 and title and possession having been transferred and delivered to the applicant,......titioner has to be added as necessary party 3rd party petitioner has two legal arms for addition of party, one, implead by inheritance and another by way of added as party in the instant suit on independent count and both count petitioner can be added as necessary party……..(9,10,1......ordingly. The learned Judge is directed to proceed with suit in accordance with law. Communicate this order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 34. ..Category: Civil Law, Procedural Law | Date: 1 Dec, 2011 | Hits: 4
Shahjahan Vs. State, 2011, 40 CLC (HCD)
....er be discharged from his bail bond. Let the records of the Tribunal below along with a copy of this Judgment be sent down at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 49. ......nformant Md. Jahir Uddin of village Arntoli,1 Police Station Gangni, District-Meherpur. However on 17-11-1996, the accused Md. Bazlur Rahman came to the house of the informant and demanded some money from his father-in-law through his wife Tanu and in case of non-compliance with the said demand, the......Enayet Hossain reported in 17 BLD (AD) 44 = 2 BLC (AD) 16. 12. In the case of Sher Ali Vs. State reported in 46 DLR (AD) 67, the Appellate Division has held that, the inherent power may be invoked independent of powers conferred by any other provisions of the Code of Criminal Procedure and this p......er be discharged from his bail bond. Let the records of the Tribunal below along with a copy of this Judgment be sent down at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 49. ..Category: Arms Law | Date: 1 Dec, 2011 | Hits: 53
Rabindra Nath Roy @ Rabindra and another Vs. State, 2011, 40 CLC (AD)
....amination of the accused-persons under section 342 in the light of the observations made above. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 50; 17 MLR (AD) (2012) 253; 9 ADC (2012) 520.......ping the logic of preponderant probability to punish marginal innocents". This is the conception of "fair trial" or "fair deal" in our legal system. All stages of criminal proceeding in our country from arrest to Appeal touch the individual in vital matters. Since a criminal trial involves human i...... discussing the evidence and giving our findings and decisions thereon. The tribunal will be free to assess and evaluate all the evidence, facts and circumstances on record afresh and will give its independent findings and decisions thereon. 45. In the result this Appeal succeeds. 46. Hence,......ppellants that they threatened his wife. He, however, did not disclose the purpose for such threat. Assuming that they threatened her as she did not respond to their demand. He did not disclose the source from which he learnt that they threatened his wife. It was only P.W.2 who could prove the sai..Category: Women and Children | Date: 24 Nov, 2011 | Hits: 190
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