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TLRA Holding Ltd Vs. Customs, Excise and VAT Appellate Tribunal & others, 2012, 41 CLC (HCD)
....ibunal & others.............Respondents Judgment December 10, 2012. Result: The Rule is discharged. Section 26 of the VAT Act contemplates a situation and made provisions for combating the same. Of course the provision should be followed meticulously in its true spirit a...... was kept under the possession and control of the petitioner and found an evasion of VAT and made the demand in question (Annexure-F). It would be profitable to quote here section 26 as it was before amendment:— “ক্ষমতা প্রাপ্ত র্কমর্কতা......Court is hereby recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 94. ..Category: Fiscal/Taxation Law | Date: 10 Dec, 2012 | Hits: 6
Abdul Mannan Bhuiyan & others Vs. Md. Nasir Hossain, 2012, 41 CLC (AD)
....rs Vs. Md. Nasir Hossain…………………………………………......Respondents Judgment December 2, 2012. Result: This civil petition for leave to appeal is dismissed. The SA and RS records are not an evidence of title and a r......facts do not call for interference by this Division. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 44. ......First Court, Narayanganj in Title Suit No.84 of 1998 decreeing the suit. 2. The facts giving rise to this civil petition for leave to appeal, in short, are:— The petitioners herein as the plaintiffs instituted Title Suit No.84 of 1998 against the defendants in the First Court of Joint Di..Category: Property Law | Date: 2 Dec, 2012 | Hits: 35
Advocate Taimur Alam Khondaker Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....ানি/১৫/১২ dated 16-5-2012 (Annexure-I to the writ petition) to resolve the dispute over the complaint dated 14-5-2012, to prepare fresh electoral roll through the Administrator and to formally submit the same before the Election Commission. 3. The “বাংলাদেশ......y;tration authority, as per the Constitution of the Federation. There will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 139 ......dministrator vide Memo No.বাজাবস/নথি-১/২০১২কানিপানি/১৫/১২ dated 16-5-2012 (Annexure-I to the writ petition) to resolve the dispute over the complaint dated 14-5-2012, to prepare fresh electoral roll through the Administrator and to formally su..Category: Administrative Law | Date: 29 Nov, 2012 | Hits: 6
Bengal Techno Leather Ltd Vs. Islami Bank Bangladesh Ltd, 2012, 41 CLC (HCD)
....s- Suits on these types of matters have been classified as a different category of suits under the scheme of the Code of Civil Procedure and summary procedure has been laid down in Order XXXVII for expeditious disposal of the suits upon bill of exchange and promissory notes etc. These are spec......defend the suit (by filing written statement, supported by affidavit within 17-1-2013). Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 179 ......l Procedure 1908 has provided that every suit shall be instituted in the court of lowest grade competent to try it. Following this provision this suit shall be filed before the District Court and the plaint is, therefore, liable to be returned for filing in the District Court. He has relied upon Ben..Category: Administrative Law | Date: 28 Nov, 2012 | Hits: 5
Esrarul Huq Chowdhury Vs. Md. Amir Hossain, Advocate and another, 2012, 41 CLC (AD)
....error apparent on the face of the record exists. It is not the re-hearing of the main appeal. In a review, a Court is not empowered to change the decision taken in the main judgment. It is only meant for correction of clerical error or mistake on the face of the record………&hellip......espect of the property of Mouza Ramnagar within Police Station Dagonbhuiyan, District-Feni from the office of Assistant Settlement Officer, Dagonbhuiyan. He also filed another application praying for amendment of the complaint case to the following effect:- “প্রকাশ থাক......tence debarring the respondent No.1 from pursuing his legal profession permanently for life to a period of 5(five) years in any Court in Bangladesh. 2. The appellant as complainant instituted Complaint Case No.22 of 2001 (15 of 2001) against the respondent No.1 in the Bangladesh Bar Council whi..Category: Others | Date: 28 Nov, 2012 | Hits: 23
Giasuddin-al-MamunVs.State and another, 2012, 41 CLC (HCD)
....grani Bank, 14 BLD (AD) 196 = 46 DLR (AD) 174; Kalepada Shaha Vs. State, 37 DLR (AD) 135; Delowar AM Khan Vs. Sajadul Haque, 38 DLR (AD) 52; Nil Ratan Sarker Vs. Lakshmi Narayan Ram. AIR 1965 (SC); Enforcement Vs. Dipok Mahajon, 3 (SCC) 440 and State Vs. Ram Saran, 12 SCC 578. Lawyers Involved:......ceeding is unwarranted in law and disapproved by the Appellate Division. Accordingly, the application is rejected summarily. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 41 ...... Anti-Corruption Commission Act, 2004 and also included the offences under the Ain, 2002 in the schedule to the Criminal Law Amendment Act, 1958, whereby any enquiry, investigation, lodging of the complaint, conducting of prosecution before the Special Judge and holding of trial exclusively by the S..Category: Criminal Law | Date: 27 Nov, 2012 | Hits: 5
Md. Aminullah and others Vs. Serajul Huq and others, 2012, 41 CLC (AD)
....l Tenancy Act if a co-sharer tenant owns a portion of land in any plot, he is to be treated as co-sharer in the entire plot even if the land of that plot is recorded in more than one khatian. Therefore, in the event of transfer of a portion of land of that plot appertaining to another Khatian a ......finding that the pre-emptors are not co-sharers in R. S. Khatian No.3838 and that on the contrary they are co-sharers in R.S. Khatian No.3836 although the pre-emptors by filling an application for amendment before the appellate Court amended the application for preemption stating that they are......n is set aside and the impugned judgment and order passed by the appellate Court is restored. There is no order as to costs. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 131. ..Category: Property Law | Date: 21 Nov, 2012 | Hits: 27
Azizur Rahman (Md.) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
..................Petitioner Vs. Bangladesh and others... .............Respondents Judgment November 20, 2012. Result: The Rule is discharged. Restoration to section 19 for setting-aside the ex-parte decree After passing of the impugned order, the petitioner for t......order as to cost. The order of stay granted earlier by this Court is hereby recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 31. ......oan money amounting to Taka 27, 64,841 by selling mortgage properties against the M/s Joint International and others and the same was registered as Artha Rin Suit No.8 of 2007. In the schedule of the plaint four schedule of immovable property were included. The present petitioner was impleaded as de..Category: Banking Law | Date: 20 Nov, 2012 | Hits: 8
Khorshed and another Vs. State, 2012, 41 CLC (HCD)
....ure, a mandatory provision of law It is a settled principle of law that the requirement of adherence to the provisions of section 164(3) of the Code of Criminal Procedure is not a mere matter of form but of substance. Section 164(3) is a mandatory provision of law as has been settled by the Pri......se they refer to it." 84. The classic case on the subject is the case of Mahbub Shah Vs. King-Emperor, AIR.-1945 PC 118. In that case, referring to section 34 of the Penal Code Prior to its amendment in 1870, it was observed:— "When a criminal act is done by several persons......the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 241 ..Category: Criminal Law | Date: 20 Nov, 2012 | Hits: 8
Shamsul Kabir Humayun Reza Vs. Anwarul Hasan and Others, 2012, 41 CLC (AD)
....Advocate-on-Record—For the Respondents (In Civil Petition Nos.2199 & 1671-72 of 2011) None represented—For the Respondents (In Civil Petition No.2198 of 2011) Civil Petition for Leave to Appeal No.2199 of 2011. With Civil Petition Nos.1671-1672 and 2198 of 2011.......e defendants are also bound to issue sale permission in respect of the scheduled property by receiving the proper transfer fees from the plaintiff as per rule of RAJUK." Then by way of amendment prayer 'B' was added to the effect: "B. Pass a decree in favour of the p...... this single judgment. 3. Facts giving rise to these petitions are as follows: "Respondent Nos.1-5 of Civil Petition for Leave to Appeal (CP) Nos.2199 of 2011 and 1672 of 2011 as plaintiffs filed Title Suit No.81 of 2006 in the First Court of Joint District Judge, Dhaka impleadi..Category: Evidence Law, Property Law | Date: 12 Nov, 2012 | Hits: 37
....ation; the plaintiffs filed the original suit with a declaration that the impugned order of termination is void, illegal and without jurisdiction and the plaintiffs are still in service with a prayer for mandatory injunction.
3. The contrary case of the defendants in brief is such that the suit......he Court concerned immediately for information and necessary action.
Ed.
This Case is also Reported in: 21 BLT (HCD) (2013) 51.
......ct Judge, 1st Court, Barisal in Title Suit No.88 of 2003 should not be set aside.
2. The facts leading to the issuance of the Rule in a nutshell can be stated thus, the present petitioners being plaintiffs filed a Title Suit being No.183 of 1982 in the 1st Court of Subordinate Judge, Barisal al..
Category: Civil Law | Date: 8 Nov, 2012 | Hits: 4
Ali Haider Chowdhury Vs. State and another, 2012, 41 CLC (HCD)
....p;……...Opposite Party Judgment November 8, 2012. Result: The Rule is discharged. Under latest Propositions of Law, an Accused cannot remain on Anticipatory Bail for an Unlimited Period- It is now well settled that after submission of the police report, the...... law. Let a copy of this judgment be transmitted to the concerned Court below at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 116. ...... the process of the Courts; (3) Where there is a legal bar against the initiation or continuation of the proceeding. (4) In a case where the allegation in the FIR or the petition of complaint, even if taken at their face value and accepted in their entirety, do not constitute the..Category: Anti-Corruption Laws, Procedural Law | Date: 8 Nov, 2012 | Hits: 7
Mosharef Hossain (Md.) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....s made absolute. Upon the satisfaction of the Court a private sale of the mortgaged property to satisfy the decreetal amount can be allowed to the Judgment debtor by the Court. A reasonable time for so doing only to be given. In the instant case, the ends of justice would be best served if......o satisfy the Adalat as early as possible then the executing Court will proceed in accordance with law. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 81 ......ithout lawful authority and is of no legal effect. 2. The background leading to the Rule, in short, is that the respondent No.3—Islami Bank Bangladesh Limited. Bhola Branch on 20-5-2007 as plaintiff filed a suit before the Joint district Judge and Artha Rin Adalat, Bhola (hereinafter refe..Category: Property Law | Date: 7 Nov, 2012 | Hits: 8
Abdur Razzaque Chowdhury and others Vs. Artha Rin Adalat and others, 2012, 41 CLC (AD)
....swami, Advocate, instructed by Syed Mahbubur Rahman, Advocate-on- Record- For the Petitioners (In both cases). None represented-For the Respondents (In both cases) Civil Petition for Leave to Appeal No. 648 of 2010. with Civil Petition No. 434 of 2011. (From th......ority and is of no legal effect. Thereafter, on 26.11.2002, the Bank filed an application under section 151 read with Order VI, rule 17 of the Code of Civil Procedure (the Code) before the Adalat for amendment of the petition of Miscellaneous Case No.23 of 1997. The application was rejected on 25.03......interfere with the impugned judgment and order passed in Writ Petition No.5889 of 2008. In view of the above, both leave petitions are dismissed. Ed. This Case is also Reported in: ..Category: Civil Law | Date: 18 Oct, 2012 | Hits: 159
Mayor, Dhaka City Corporation Vs. Dhaka Metropolitan Rickshaw Samity, 2012, 41 CLC (HCD)
.... against the order No. 8 dated 30-1-2000 passed by the Assistant Judge, 4th Court, Dhaka in Title Suit No. 321 of 1999 rejecting an application under Order VII, rule 11 of the Code of Civil Procedure for rejection of plaint. 3. The relevant facts for disposal of the Rule, inter alia, are that t......ion North and South and (5) the Inspector General of Police immediately on their appropriate addresses. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 518. ......r No. 8 dated 30-1-2000 passed by the Assistant Judge, 4th Court, Dhaka in Title Suit No. 321 of 1999 rejecting an application under Order VII, rule 11 of the Code of Civil Procedure for rejection of plaint. 3. The relevant facts for disposal of the Rule, inter alia, are that the present opposi..Category: Administrative Law, Civil Law | Date: 17 Oct, 2012 | Hits: 3
Government of Bangladesh and others Vs. Mrs. Mohsina Rahman alias Joya, 2012, 41 CLC (AD)
....nt and decree dated 31.08.2005 (decree signed on 5.10.2005) passed in Title Suit No.191 of 2005 by the learned Senior Assistant Judge, Dohar Court, Dhaka dismissing the suit. 3. The relevant facts for disposal of this Rule are that the present opposite party as plaintiff, Mrs. Mohsina Rahman alia......ecord with a copy of this judgment and order to the court concerned and another copy of the judgment and order to the Deputy Commissioner, Dhaka immediately. Ed. This Case is also Reported in: ......d in Title Suit No.191 of 2005 by the learned Senior Assistant Judge, Dohar Court, Dhaka dismissing the suit. 3. The relevant facts for disposal of this Rule are that the present opposite party as plaintiff, Mrs. Mohsina Rahman alias Joya, filed the Title Suit No.6 of 2005 in the Court of learned..Category: Property Law | Date: 15 Oct, 2012 | Hits: 191
Entaj Ali (Md.) Vs. Md. Numl Haque & others, 2012, 41 CLC (HCD)
....the Court concerned. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 233. ......hs from the date of receipt of this judgment without any fail. Communicate this judgment and order to the Court concerned. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 233. ......er complained of in the petition moved in Court today should not be set-aside or such other or further order or orders passed as to this Court may seem fit and proper." 2. The petitioner as plaintiffs instituted a Title Suit being No.17 of 1985 in the Court of Upazila Munsiff Debigonj, Dis..Category: Civil Law | Date: 11 Oct, 2012 | Hits: 3
Kaisor-uz-Zaman (Md.) Vs. State, 2012, 41 CLC (AD)
.... Respondent No. 2. Khurshid Alum Khan, Advocate instructed by Mahmuda Begum, Advocate-on-Record—For Respondent No.3. None represented—For Respondent No.1. Criminal Petition for Leave to Appeal No.390 of 2011. (From the judgment and order dated the 14th day of July, 20...... Bidhimala framed thereunder keeping in view of the observations and the findings given by this Court in the judgment. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 101. ...... an offence under the Act, and such, sanction shall be sufficient for the prosecution of a public servant for an offence tribale under the act. The section further provided that in case, where the complaint or report referred in sub-section (1) of section 4 of the Act, 1958 was not accompanied by su..Category: Anti-Corruption Laws | Date: 8 Oct, 2012 | Hits: 6
Engineer Afsaruddin Ahmed and others Vs. State and another, 2012, 41 CLC (HCD)
....ture so that the law can adequately serve the purposes and effectively deals with the offences. It should be borne in mind that the substantive justice should not be frustrated or other wise defeated for any technicality in the law.....................(37) The Code of Criminal Procedure, 1898; ......the case in accordance with law. Let a copy of this judgment be communicated to the concerned Court below at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 1. ......therwise to secure the ends of justice.......................................(14) A proceeding can not be quashed on the ground of pre-maturity of the cause of action, even if the petition of complaint was filed before the expiry of 30 days from the date of the cause of action.............(37) ..Category: Civil Law | Date: 8 Oct, 2012 | Hits: 21
Motaher Hossen Vs. Bangladesh Commerce Bank Limited and others, 2012, 41 CLC (HCD)
....t, seeking condonation of delay in calling, holding and conducting the 13th Annual General Meeting (AGM) of the Respondent No.1 (herein after referred as 'the Bank'). 2. Facts, in short, for the disposal of the matter are that one Md. Abdul Mia, a shareholder of the Bank holding 112 sha......nt of the bodies to complete the process of IPO is hereby deleted, in consequence. Cost will be borne by the company. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 393. ......he notice of the 13th AGM no agendum for raising capital through IP0 was mentioned. He also filed an application for injunction restraining the Bank from holding its 13th AGM. Certified copies of the plaint and photocopy of notice of the 13th AGM has been annexed to this application as Annexures-B a..Category: Company Law | Date: 2 Oct, 2012 | Hits: 14
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