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Moklesur Rahman (Md.) and another Vs. Government of Bangladesh and others, 2014, CLC (AD)

....article 104 of the Constitution for doing complete justice in a case. 14. Mr. Harun-or-Rashid, learned Advocate, entering caveat on behalf of the auction-purchas­er-respondents, on the other hand, has submitted that the auction purchasers purchased the mort­gaged property in question bo......hereinbe­fore. The Artha Rin execution case in question (No.560 of 2004) shall stand sat­isfied accordingly. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 207.   ..

Category: Others | Date: 24 Feb, 2014 | Hits: 15

Durnity Daman Commission and another Vs. Dr. Khandaker Mosharraf Hossain and another, 2014, 43 CLC (AD)

.... Abdul Wahhab Miah J Hasan Foez Siddique J AHM Shamsuddin Choudhury J Durnity Daman Commission and another………………Petitioner Vs. Dr. Khandaker Mosharraf Hossain and another.........Respondents Judgment February 24, 2014. ......e High Court Division. The petition for Leave to Appeal is dis­posed of with the above observations and guide­lines. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 92. ..

Category: Anti-Corruption Laws, Criminal Law, Procedural Law | Date: 24 Feb, 2014 | Hits: 52

BOC Bangladesh Ltd Vs. National Board of Revenue and others, 2014, 43 CLC (AD)

....d in the writ peti­tion and, as such, the impugned judgment should be set aside. 9. Mr. SM Moniruzzaman, learned Deputy Attorney General, appearing on behalf of the respondents, on the other hand, submits that the price fixed by the authority was done in accor­dance with law as per prov......y the High Court Division is set aside. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 372     ..

Category: Fiscal/Taxation Law | Date: 19 Feb, 2014 | Hits: 5

S.N. Kabir Vs. Fatema Begum and others, 2014, 43 CLC (AD)

....Petition for Leave to Appeal No.2080 of 2010 and Mr. Mahbubey Alam, learned Senior Advocate, appearing on behalf of respondent No.1 in Civil Petition for Leave to Appeal No.2081 of 2010, on the other hand, sup­port the impugned judgment delivered by the High Court Division. 11. We have cons......, we do not find any substance in these civil petitions for leave to appeal. Accordingly, both the peti­tions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 193. ..

Category: Property Law | Date: 16 Feb, 2014 | Hits: 19

Delipjan being dead her heirs: Fazal Haque and other Vs. Shahed Badsha and others, 2014, 43 CLC (AD)

....the predecessor-in-interest of the defendants-appellants, is hopelessly barred by limitation. 9.  Mr. Ziaur Rahman, learned Advocate, appearing on behalf of respondent Nos.1-8, on the other hand, submits that the High Court Division came to a finding that Nazimuddin, the predeces­sor-i......s allowed and the impugned judgment delivered by the High Court Division is set-aside without any order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 176.   ..

Category: Civil Law | Date: 11 Feb, 2014 | Hits: 5

Selim Hossain (Md.) Vs. Shahabuddin Ahmed and others, 2014, 43 CLC (AD)

.... impugned judgment and order calls for inter­ference by this Court by way of giving leave. 11. Mr. Mahmudul Islam, learned Counsel, appearing for the judgment debtor-respondent, on the other hand, has submitted that the pro­ceedings under article 27 of PO No.7 of 1973 being not a suit a......t-petitioner without creating any hindrance or obsta­cle and the executing Court shall pass necessary order in that respect. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 115. ..

Category: Civil Law | Date: 3 Feb, 2014 | Hits: 6

Bangladesh Agricultural Development Corpora¬tion and others Vs. Md. Abdur Rashld and others, 2014, 43 CLC (AD)

....st the other respondents except the respondent No. 9, Md Safiul Alam Khondoker. 7. Mr. Mahbubey Alam, learned Senior Counsel appears on behalf of the appellants for all the appeals. On the other hand, Mr. Abdul Wadud Bhuiyan, Senior Counsel appears for respondent Nos.1-5 in Civil Appeal No. 45 ......peal No. 48 of 2012 is allowed so far as it relates to respondent No. 9 Md. Saiful Alam Khondker and dismissed against the rests. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 257 ..

Category: Administrative Law, Employment/Service Law | Date: 2 Feb, 2014 | Hits: 9

Shafique Ahmed Vs. Md. Abdul Latif Bhuiyan, 2014, 43 CLC (HCD)

....that the appeal is not maintainable under the relevant provisions of the Code of Civil Procedure and by that reason, the decision of the Appellate Court is liable to be reversed. 7. On the other hand, Mr. Md. Nurul Amin, learned Advocate appearing on behalf of the plaintiff-respondent-opposite-...... judgment and in accordance with law. Let the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 248. ..

Category: Civil Law, Others | Date: 30 Jan, 2014 | Hits: 4

Lakshmi Bala Sen and others Vs. Tarun Tapan Dutta @ Tapan Kumar Dutta and others, 2014, 43 CLC (AD)

....Mahmud Ali being dead his heirs: Munsur Ali and others, (1992) 44 DLR (AD) 83. 10. Mr. Abdul Wadud Bhuiyan, learned Senior Advocate, appearing on behalf of the plaintiff-respondent, on the other hand, submits that according to section 95A of the State Acquisition and Tenancy Act, the transactio......he matter, we do not find any substance in this appeal. Accordingly, the appeal is dismissed with­out any order as to costs. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 162. ..

Category: Tenancy Law | Date: 30 Jan, 2014 | Hits: 15

Abdul Hakim (Md.) Vs. Md. Nazrul Islam and others, 2014, 43 CLC (AD)

....ly have a sub­sisting interest in the holding when he files an application for pre-emption but must continue to hold the self-same interest to the date when the case is finally disposed of. Vide Chandra Kumar Maladas Vs. Abdul Motaleb, 19 DLR (SC) 36 and Md. Mofizuddin Vs. Abdul Hakim, 33 DLR (A......er appreciation of law and fact do not call for interference. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 157. ..

Category: Property Law | Date: 20 Jan, 2014 | Hits: 44

Ali Garments Limited Vs. Commissioner of Taxes, 2014, 43 CLC (AD)

....ted that the appellant supplied accounts certified by Chartered Accountants which under section 82 of the Income Tax Ordinance, 1984 is sufficient to deem the return as correct. 13. On the other hand, Mrs. Mahfuza Begum, learned AAG submitted that the provisions of sec­tion 82 is only appli......he High Court Division, accordingly, the appeal is dis­missed without however any order as to costs. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 243.     ..

Category: Fiscal/Taxation Law | Date: 5 Jan, 2014 | Hits: 11

BRAC Bank Ltd Vs. Multimode Ltd, 2013, 42 CLC (HCD)

....ge in arriving at the decision have no mariner of application on the facts of the given case. 9. Mr. Raghib Rouf Chowdhury, learned Advocate, appearing for the plaintiff-respondent, on the other hand submits that, before issuing termination letter, plaintiff was not given any chance to explain ......e result, this appeal is dismissed. No costs. Connected Civil Rule No. 395(f) of 2012 is accordingly discharged. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 48   ..

Category: Contract Law | Date: 12 Dec, 2013 | Hits: 0

Abdul Quader Mollah Vs. Chief Prosecutor, International Crimes, Tribunal, Dhaka, 2013, 42 CLC (AD)

....r Province Vs. Suraj Narain Anand, PLD 1949 PC 1; Poonam Vs. Sumit Tanwar, (2010) 4 SCC 460; Pakistan Vs. Akhlaque Hossain, 17 DLR (SC) 545; Major Bazlul Huda Vs. State, 63 DLR (AD) 62; Messrs Thungabhandra Industries Limited Vs. The Government of Andhra Pradesh, AIR 1964 SC 13 72; Sheonandan Paswan...... For the reason stated above, we find no merit in these review petitions. The petitions are accord­ingly dismissed on merit. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 289. ..

Category: International Crimes Tribunal Law | Date: 12 Dec, 2013 | Hits: 15

Md. Abdur Rob Bhuiyan Vs. Sheikh Ahammed and others, 2013, 42 CLC (HCD)

.... the door step of his house,opposite party 1 at the instance of opposite party 2 dealt a blow on his head with a stick. As he quickly shifted his position and tried to resist the stroke with his left hand, his left mid-finger was fractured. The opposite parties in the manner described in the ejahar ...... Rule. Accordingly, the Rule is discharged. Opposite Parties 1-20 are released from their bail bonds. Send down the records. Muhammad Abdul Hafiz J.- I agree. Ed. This Case is alsoReported in: ..

Category: Procedural Law | Date: 21 Nov, 2013 | Hits: 24

Abdul Momen Bhuiyan and others Vs. District Judge, Dhaka and others, 2013, 42 CLC (AD)

....order impugned before the High Court division and, as such, the impugned judgment should be set-aside. 8. Mr. Munir Sharif, learned Advocate, appearing on behalf of respondent No.3, on the other hand, supports that impugned judgment. 9. We have considered the submissions of the learned Adv......he auction sale shall be deemed to have become absolute. The impugned judgment delivered by the High Court Division is set-aside. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 98. ..

Category: Civil Law | Date: 17 Nov, 2013 | Hits: 17

AKM Mosharraf Hossain Vs. State & another, 2013, 41 CLC (HCD)

....o- Hasanuddin Sarker Vs. State, 34 DLR 287; Kazi Ahammad Bazlul Karim Vs. State, 11 BLC 60; Abdul Bari Vs. State, 3 BLC 474; Habibur Rahman Mollah Vs. State, 61 DLR. Lawyers Involved: Khandhar Mahbub Hossain with Md. Shah Alam, Advocates—For the Appellant. Md. Abdul Hai, DA......realise the fine in accordance with law. Let a copy of this judgment along with LCR be sent to the concerned Court at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 564 ..

Category: Anti-Corruption Laws, Criminal Law | Date: 10 Oct, 2013 | Hits: 3

Ali Amjad Khan (Md.) Vs. Md. Habibullah Dawn & others, 2013, 42 CLC (AD)

....t Judge, Sixth Court, Dhaka allowing Miscellaneous Case No.19 of 2011 arising out of Title Suit No.103 of 2004 renumbered as Title Suit No.2725 of 2008 and directing the petitioner (decree-holder) to hand over the possession of the suit land to respondent No.1 immediately. 2. The facts leading ......ia­tion of law and fact do not call for interference. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 28. ..

Category: Civil Law | Date: 10 Oct, 2013 | Hits: 33

Proshanta Kumar Sarkar Vs. Managing Director, Agrani Bank Ltd Head Office and others, 2013, 42 CLC (HCD)

....and asked him to liquidate his outstanding dues thereby giving the petitioners a reasonable time to avoid plea of arbi­trariness and controversies regarding auction process. 12. On the other hand Mr. Hefzul Bari with Mrs. Khalifa Shamsun Nahar the Learned advo­cates appearing for the re......costs. The order of stay granted earlier is vacat­ed. Communicate a copy of the judgment to the bank concerned at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 50. ..

Category: Others, Procedural Law | Date: 8 Oct, 2013 | Hits: 8

Moulana Abdul Hakim (Md.) Vs. Government of Bangladesh and others, 2013, 42 CLC (HCD)

....ts' his­toric supervisory jurisdiction does not extend to a body as the Panel given that the Panel's power is not derived from legislation or the exercise of the prerogative. On the other hand, counsel for Datafin submitted this to be a too narrow a view arguing "that regard has to ......ed of with the directions above. 43. There is no order as to costs. Communicate this judgment and order forth­with. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 83 ..

Category: Administrative Law, Constitutional Law | Date: 3 Oct, 2013 | Hits: 2

AA Engineering Limited Vs. University of Khulna, 2013, 42 CLC (AD)

.... income tax and super tax and the High Court Division committed error of law in holding otherwise. 7. Mr. Shamim Khaled, learned Advocate, appearing on behalf of respondent Nos.1-4, on the other hand, submits that when section 3(3) of the Act required that the service renderer to pay VAT, the s......thout deducting therefrom any amount on account of VAT. Khulna University is under the obligation to pay VAT in the instant case. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 19. ..

Category: Fiscal/Taxation Law | Date: 3 Oct, 2013 | Hits: 28