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Khan Mohammad Ameer Vs. Atiqur Rahman and others, 2014, 43 CLC (HCD)
....tuted Title Suit No. 838 of 2012 in the la Court of Joint District Judge, Dhaka impleading the respondents as defendants for specific performance of contract in respect of the suit land which is more particularly described in the schedule to the plaint. 3. The case of the plaintiff, in sho......t is directed to proceed with the suit as per law. Send down the lower Court's records at once. Communicate the order. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 2008 ..Category: Civil Law, Procedural Law | Date: 30 Apr, 2014 | Hits: 6
Parul Nath and others Vs. State, 2014, 43 CLC (AD)
....oney advanced to those 46 claimants and others starting from the time of taking loan by mortgaging their gold ornaments till the date of payment of the loans along with the accrued interest. The particulars of the loan advanced to each of 234 Mortgagors against the money advanced and the intere...... the Tribunals with any power to deal with any seized property or alamots after the disposal of the case. The Tribunal has the power to pass necessary order for disposal of the properly seized during investigation or alamots in a case under the Act, a1974 invoking the aid of section 517 of the Code...Category: Criminal Law, Property Law | Date: 27 Apr, 2014 | Hits: 8
Pubali Bank Limited Vs. Commissioner of Taxes, 2014, 43 CLC (HCD)
....ƒ-৫/২০০০-২০০১ before the Commissioner of Taxes (Appeals), Taxes Appeal Zone-3, Dhaka (shortly stated as the Commissioner of Appeal). The Commissioner of Appeal allowed the appeal in part and reduced Tk. 9,00,000/- under various heads of expenses in the profit and loss account but h......ngladesh, is directed to take necessary steps under Section 161(2) of the Income Tax Ordinance, 1984. S. H. Md. Nurul Huda Jaigirdar J: I agree. This Case is also Reported in: ..Category: Fiscal/Taxation Law | Date: 27 Apr, 2014 | Hits: 6
Chittagong Steel Mills Ltd and another Vs. MEC, Dhaka & others, 2014, 43 CLC (AD)
....t dated 29-3-1994 for sale of CI Sheet, Billet and other goods of the Mill for a period up to June, 1995 and the respondent negotiated the sale transaction of the goods of the Mill with the defence department (Army) as a result of which the Mill received Taka 14.50 crores as advance payment and the ......e do not find any substance in this appeal. Accordingly, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 66 DLR (AD) (2014)246. ..Category: Civil Law | Date: 23 Apr, 2014 | Hits: 10
Ibrahim Vs. State, 2014, 43 CLC (HCD)
....f accused Ibrahim, for the second time. Ibrahim Mia tried to send her to her conjugal home which was resisted by her (P.W. 2) and her husband for which Ibrahim threatened them. By acid different parts were permanently disfigured. 20. In cross-examination she stated that Arju Mia marri......osecution has launched by lodging an FIR by her cousin sister's husband Md. Sirajul Islam as informant (P.W.1) which was recorded as Palash PS Case No. 6(4) of 1996. 3. The police after investigation submitted charge-sheet under section 326A of the Penal Code accusing FIR named ac..Category: Evidence Law, Women and Children | Date: 16 Apr, 2014 | Hits: 17
State Vs. Shajahan Bepari and others, 2014, 43 CLC (HCD)
....r dated 20-8-1991 passed by learned Additional Sessions Judge, Fifth Court, and Special Judge, Dhaka (briefly as Judge) stopping the proceedings of the case and thereby releasing the accused opposite parties under section 339C (4) of the Code of Criminal Procedure (briefly as the Code) in Special Ca......posite-parties in collusion with each other misappropriated Taka 15,000 from the SB Account of Mr. Jaharlal Shaha taking the chance of forgery and false persuasion. 3. The police after investigation submitted charge-sheet accusing accused opposite parties under sections 409, 408, 471,..Category: Criminal Law, Procedural Law | Date: 3 Apr, 2014 | Hits: 3
AZM Tajul Islam vs. Government of Bangladesh and others, 2014, 43 CLC (HCD)
..... The facts necessary for disposal of the Rule, as has been stated by the petitioner, in short, is that the petitioner was appointed by the respondent No.1, as an Assistant Engineer of Public Works Department (PWD) and, accordingly, the petitioner joined the said post on 9-3-1979, and in course of h......espondent No.1 the Anti-Corruption Commission, Head Office, Dhaka by Memo being No.DuDoK/ProSha: O LoGi: /35/2007 (Ongsho-3)/26006 dated 18-9-2013 stated that there were no allegation, inquiry, investigation or case pending against the said top 7 (seven) officials of PWD (Annexure- G). ..Category: Administrative Law | Date: 3 Apr, 2014 | Hits: 6
Bibi Joynab Begum Chowdhury and others Vs. Osi Mia alias Osi Mia Sawdagar, 2014, 43 CLC (AD)
....n his favour and defendant No. 1 refused to do so. Hence, the plaintiff was compelled to file the suit praying for declaration of title and recovery of possession and in the alternative for partition and also for declaration that the deeds of sale dated 2-3-1970 and 21-5-1976 are void......nd 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) 190. ..Category: Property Law | Date: 19 Mar, 2014 | Hits: 15
Ekramul Haque Balbul Vs. Md. Faiz and others, 2014, 43 CLC (AD)
.... publication of the reports justifying the same as being a true reflection of the records. 5. Upon considering all the materials on record and the submissions of the learned counsel for the parties concerned, the High Court Division, by the impugned judgment, made the Rule absolute, convic...... inquiry regarding corruption, forgery and interpolation of information contained in tabulation sheets of examinations shed by Chittagong University. The appellants claimed that the matter under investigation being of crucial importance involving persons who are at the helm of this country are ..Category: Constitutional Law, Contempt of Court Law | Date: 11 Mar, 2014 | Hits: 16
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Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 204
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Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 204
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Category: Constitutional Law, Employment/Service Law | Date: 9 Mar, 2014 | Hits: 3
State Vs. Arman, 2014, 43 CLC (AD)
....rant an accused person on bail even in respect of serious offences like the one but it should not exercise its power if there appear reasonable grounds for believing as visualized in prohibitory part of section 497(1) of the Code. Grant or refusal of bail in respect of an offence punishable, wi......bservations. A Division Bench presided over by Moyeenul Islam Chowdhury, J directed to dispose of the appeal by 20th June, 2013. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 181. ..Category: Criminal Law, Women and Children | Date: 9 Mar, 2014 | Hits: 4
Amirul Islam (Md.) Vs. Commissioner of Customs Chittagong and others, 2014, 43 CLC (HCD)
....fore the price of the goods was determined 6 to 7 times higher than the actual price. 4. In the above circumstances, the petitioner filed Writ Petition No.59 of 2012 impugning the failure on the part of the respondents to assess and release the goods in question of the petitioner in which Rule ...... order positively. In the result, the rule is disposed of with direction as made above. Communicate this order at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 94 ..Category: Fiscal/Taxation Law | Date: 5 Mar, 2014 | Hits: 8
SM Deen Islam Vs. Government of Bangladesh and others, 2014, 43 CLC (HCD)
....earned Assistant Attorney-General, appearing on behalf of respondent-government submits that pursuant to the complaint so have been received from the respective quarters both the contending parties i.e., the petitioners and the complainant, were duly notified to attend the hearing. Ho......ught against him. On 26-2-2013 the petitioner categorically explained denying the allegations so made against him. But without taking personal hearing of the petitioner and without proper inquiry and investigation as well as without hearing to the complainants who made the allegations the Inqui..Category: Administrative Law, Constitutional Law | Date: 4 Mar, 2014 | Hits: 5
Hafiz Ahmed Mazumder Vs. Pubali Bank Limited, 2014, 43 CLC (HCD)
.... 2 had illegally and unlawfully disqualified the petitioners for nomination as Directors of Respondent Bank in the upcoming 30th AGM; that in the premises the petitioner have prayed, upon hearing the parties, to declare illegal and having no legal effect the impugned notice dated 14-8-2013 (Annexure......me of admission of this petition is hereby vacated. The parties will bear their respective cost. This Case is also Reported in: 66 DLR (HCD) (2014) 234 ..Category: Banking Law, Corporate Law | Date: 25 Feb, 2014 | Hits: 9
Moklesur Rahman (Md.) and another Vs. Government of Bangladesh and others, 2014, CLC (AD)
....dant in the suit. Writ-petitioner No.2 has no connection with the business of writ-petitioner No.1, the proprietor of Shabuj Medical Hall, in whose favour loan was sanctioned. The suit was decreed ex-parte on 6-5-2004 and the decree was drawn and signed on 23-5-2004. The decree-holder-Bank levied Ar......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
....roken chain of authorities of high preponderance, not only because by assuming this power, the High Court Division in a sense destabilises the normal pattern and usurp the discretion meant to be set apart for the lower courts, but also because it is the courts at the lowest strata that can deal......n the Magistrates/lower court/tribunal Judges are competent enough to enlarge on bail a person accused of non-bailable offences in deserving cases.
(d) Effect of the accused's freedom on the investigation process must not be allowed to float on obfuscation.
(f) The High Court Division ..
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)
....ces fixed by the Commissioner were not in existence. (Ill) The High Court Division acted illegally in holding that proviso to the explanation of Rule 3(3) is ultra vires to the VAT Act as none of the parties ever raised such issue nor the Government can consent that its own Rule is ultra vires and m......y the manufacturer who can fix the actual price. If the price declared by the appellant is supported by the documents and as per law, the VAT authority without verifying the market and conducting any investigation still cannot fix the price…..... (16) Objection Regarding the Price Declar..Category: Fiscal/Taxation Law | Date: 19 Feb, 2014 | Hits: 5
S.N. Kabir Vs. Fatema Begum and others, 2014, 43 CLC (AD)
.... Dhaka in Title Suit No. 149 of 2002 rejecting the, plaints of both the suits. 2. Both the civil petitions for leave to appeal arising out of the common judgment and order between the same parties and involving common question of law and fact having been heard together are disposed of by ......, 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
Sukur Mahmood and others Vs. State, 2014, 43 CLC (AD)
....d other documentary evidence do not call for interference. Accordingly, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 167. ......at 7-00 o'clock from the brothel and she was taken in his custody. Hence Shakhipur Police Station Case No.1/106 dated 1-12-1998 was started against the accused-petitioners. 4. Police took up investigation of the case and on conclusion thereof, submitted charge-sheet against accused petition..Category: Women and Children | Date: 13 Feb, 2014 | Hits: 21
Loreeto Vs. Nasreen Sobhan and another, 2014, 43 CLC (AD)
....ial Court did not make any finding on the point of sustaining any loss or damage by the respondents due to the appellant's remaining in possession as tenant in the premises. In the operating part of the judgment, it was directed that the appellant shall vacate the premises within 25th Novem......he decree are hereby expunged. The appeal is disposed of with the above expunction without, however, any order as to costs. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 111. ..Category: Civil Law | Date: 3 Feb, 2014 | Hits: 14
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