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Ataur Rahman (Md.) Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....is still in seisin of the matter. Consequently, the prayer for certificate is rejected. Ed. This Case is also Reported in:62 DLR (HCD) (2010) 329; 30 BLD (HCD) (2010) 154. ......, contemplated, recognised and dealt with at different places and under different Articles of the Constitution, as were deemed appropriate by the framers of the Constitution keeping in mind the broad principles of separation of powers in the scheme of the Constitution. Nowhere in the Constitution, i...... matter. Consequently, the prayer for certificate is rejected. Ed. This Case is also Reported in:62 DLR (HCD) (2010) 329; 30 BLD (HCD) (2010) 154. ......ational Pay Scale of 2005 and thereafter, as per National Pay Scale of 2009, the scale of District Judge has been fixed as Grade 3; but none the less, they pay scale in not the determining factor for determination of precedence of a functionary in the Table of the Warrant of Precedence and though th..Category: Constitutional Law | Date: | Hits: 270
Bazlur Rahman (Md.) Vs. Government of the People's Republic of Bangladesh, 2009, 38 CLC (HCD)
....from the date of receipt of the Judgment and order. Communicate the order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 360; 18 BLT (HCD) (2010) 279. ......ed medical proceeding with a view to deprive the petitioners from the benefit though legally granted honorarium from 1995 to 1999. It has been further submitted that the respondents have violated the principle of natural justice in not giving an opportunity of being heard before stopping the allowan......order or orders passed as to this Court may seem fit and proper." 2. In the writ petition, it has been stated that the respondent No.2 Bangladesh (Freedom Fighters) Welfare Trust constituted for the Welfare of the freedom fighters and particularly the disabled (incapable of pursuing any nor......ding but also to administrative proceeding provided that the relevant statute does not exclude its application and requires the administrative authority concerned to base its decision on an objective determination of facts." 22. Against the Judgment and order of the High Court Division pass..Category: Others | Date: | Hits: 149
American Life Insurance Company Vs. Dacca Poura Shaba and others, 1978, 7 CLC (AD)
....s to costs. Order of the Court. In accordance with the view of the majority, we allow this appeal without any order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 276.......s to costs. Order of the Court. In accordance with the view of the majority, we allow this appeal without any order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 276.......he appellant Life Insurance Company being holding No.13/20, Motijheel Commercial Area Circle No.13 of the Dacca Municipality at Rs. 4,26,200/- under the East Pakistan Municipal Taxation Rules, 1960 for the year 1970-71 and on the basis of the valuation assessed quarterly tax at Rs.12,786/- for the......he order of the Additional Commissioner being in the nature of a quasi-judicial order, it can be challenged only on the ground that the Tribunal acted without or in excess of jurisdiction or when the determination of the Tribunal is wrong in law. In the instant case the Controlling Authority not hav..Category: Fiscal/Taxation Law | Date: | Hits: 156
Bangladesh Steamer Agent's Association Vs. Bangladesh & others, 1979, 8 CLC (AD)
....udgment of the High Court Division is set aside and the impugned order is set aside as having been passed without any lawful authority. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 272.......o act as agent of Steamer and Vessels. The learned Judges also held that the appellant has not been penalised for any misconduct and even if by the impugned order the appellant "was penalised yet the principles of natural justice would not be applicable in forum as the impugned order has been passed...... under section 3 of the Ordinance on due approval of the Memorandum of Articles of Association of appellant—the Association, which were amended several times at the instance of the Government before the licence was granted. The chief business of the Association is weighment and measurement on ......ceedings but also to administrative proceedings provided the relevant statute does not exclude its application and requires the administrative authority concerned to base its decision on an objective determination of facts". 16. In the case of Abdur Rahman Vs. Collector and Deputy Commissioner (1..Category: Business or Commercial Law | Date: | Hits: 208
Abeda Chowdhury Vs. State and another, 2009, 38 CLC (HCD)
....Advocate for the petitioner is permitted to take back the certified copies of the annexure by replacing the photocopies of the same. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 118. ...... 22. In this connection we may also profitably refer the decision in the case of Ali Akkas Vs. Enayet Hossain reported in 17 BLD (AD) 44=2 BLC (AD) 16 wherein their Lordships held: "the settled principle of law is that to bring a case within the purview of section 561A for the purpose of quash......aka under section 138 of the Negotiable Instruments Act, 1881 which is now pending in the Court of Metropolitan Assistant Sessions Judge, 5th Court, Dhaka should not be quashed. 2. Necessary facts for the purpose of disposal of this Rule is that the complainant opposite party No.2, Bangladesh Shi......nt can a prosecution under section 138 be instituted as per section 138(c) read with section 141 (b) envisages only one cause of action in respect of one and the same cheque. 13. Now the point for determination is (I) whether the petitioner filed the case satisfying the provisions of law and (II)..Category: Criminal Law | Date: | Hits: 113
Rowshena Jahan Vs. State and another, 2010, 39 CLC (HCD)
....rned Court shall proceed with the case in accordance with law. Send a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 90. ...... this application under section 561A of the Code of Criminal Procedure making direct surrender before the High Court Division, which is illegal and not permissible in law. Rather it is well settled principle that a fugitive cannot get any relief from any Court. So the application under section 561......oper. 2. At the time of issuance of the Rule, all further proceedings of the above mentioned Case was stayed and the accused-petitioner was also granted ad-interim bail. 3. The relevant facts for disposal of the Rules are that the petitioner Mrs. Rowshena Jahan accused No.2 is the wife of ac......rned Court shall proceed with the case in accordance with law. Send a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 90. ..Category: Criminal Law | Date: | Hits: 100
Sukhamoya Dutta Gupta Vs. Abdul Gafur and others, 1979, 8 CLC (AD)
..... Accordingly the appeal is allowed. The order of the High Court under appeal is set aside and those of the Courts below are restored. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 262.......whose favour the Civil Court decree stands. With reference to a decision of the Privy Council, in the case of Sinnasany Sudvan Yagam Vs. The King, (1952) 4 DLR 74 (PC) Mr. S.R. Pal submitted that the principle of law laid down therein has not been properly appreciated by the learned Judge of the Hig...... Ruhul Islam J.- This appeal by special leave to appeal is directed against the judgment of the High Court dated November 19, 1976 passed in Criminal Revision No.430 of 1975. 2. Short question for our consideration in this appeal is whether in the facts and circumstances of the case the High ....... Accordingly the appeal is allowed. The order of the High Court under appeal is set aside and those of the Courts below are restored. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 262...Category: Criminal Law | Date: | Hits: 94
Bangladesh Biman Corporation Vs. Chowdhury Mohammad Yusuf and another, 1979, 8 CLC (AD)
....ority. Since we have found that termination orders were passed without lawful authority, both the appeals are dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 305. ...... neither the Government had framed any rules nor the Corporation had made any regulations. The laches on the part of the rule making authority or the Corporation cannot be pleaded as a defence on the principle that no one can take advantage of his own wrong. The services of these two respondents w......espondents have been made without lawful authority and are of no legal effect. Leave was granted to consider following points amongst others:— (1) Whether the PIA Service Rules come into play for governing the relationship between the petitioner and the respondents in the absence of any ru......ority. Since we have found that termination orders were passed without lawful authority, both the appeals are dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 305. ..Category: Employment/Service Law | Date: | Hits: 123
Kartick Chandra Mandal & others Vs. State, 2010, 39 CLC (HCD)
....e bail in terms of their respective bail granting order. The Adalat is directed to proceed as per law. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 190. ......e bail in terms of their respective bail granting order. The Adalat is directed to proceed as per law. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 190. ......2 discharging the petitioners from charge should not be quashed and/or such other or further order or orders be passed as to this Court may seem fit and proper. 2. After issuance of the rule the informant Arup Ratan Mandal filed an application for adding him as opposite party No.2 in this case. A......n 10 of the Ain, fixing time limits is merely directory and it is not mandatory. Hence, in this case the impugned order does not warrant any interference by the honorable Court. 11. The points for determination before us are- (1) whether the time fixed under sub-section (3) of section 10 of the A..Category: Criminal Law | Date: | Hits: 143
Mofazzal Hossain Chowdhury Maya Vs. The State, 2010, 39 CLC (HCD)
....der passed for confiscation of the property of the appellant is also set aside. Let the appellant be discharged from his bail bond. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 156.......e prejudice of any person, such acts cannot be ratified or validated by post facto legislation, his action remains void." 14. In the case in hand the notice was served on 18.2.2007. Therefore, the principle expounded by the Appellate Division applies to the facts and circumstances of the present ......6 MLR (HCD) (2011) 156.......der passed for confiscation of the property of the appellant is also set aside. Let the appellant be discharged from his bail bond. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 156...Category: Criminal Law | Date: | Hits: 133
....itle Suit No.48 of 1986 are hereby affirmed.
Let a copy of this Judgment along with L.C.R. be sent to the concerned Court at once.
Ed.
This Case is also Reported in: 16 MLR (HCD) (2011) 130.
......itle Suit No.48 of 1986 are hereby affirmed.
Let a copy of this Judgment along with L.C.R. be sent to the concerned Court at once.
Ed.
This Case is also Reported in: 16 MLR (HCD) (2011) 130.
......ipur in Title Suit No.48 of 1986 should not be set aside and/or pass such other or further order or orders passed as to this Court may seem fit and proper.
2. This matter appears in the cause list for hearing with the name of the learned Advocate for the petitioner. When the matter is taken up fo......eposition of P.W.1 Tashar Ali, the husband of the plaintiff in course of his examination in chief proved his custody of his documents which have been marked Exhibits. Now, the question that falls for determination is whether there is any scope to admit those private document in evidence without taki..
Category: Property Law | Date: | Hits: 82
Raju Bala Kuri and others Vs. Narayan Chandra Kuri, 2009, 38 CLC (HCD)
....osts and the order of stay granted at the time of issuance of the rule is hereby vacated. Send down the L.C. Records immediately. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 126. ......s and care taken by Santo Kumar Kuri gifted the suit land in his favour and as such the disputed deed in a genuine one. 12. Now a question may come whether this kind of gift is also covered by the principle of legal necessity Mr. Abul Kalam Chowdhury, the learned Advocate has referred to a decisi......ass such other or further order or orders as to this Court may seem fit and proper. 2. Short facts of the case are as follows:- The petitioners as plaintiffs, filed Title Suit No.296 of 1994 before the Senior Assistant Judge, Sadar, Noakhali stating that within District Noakhali under Sudhara......osts and the order of stay granted at the time of issuance of the rule is hereby vacated. Send down the L.C. Records immediately. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 126. ..Category: Civil Law | Date: | Hits: 103
Arab Bangladesh Bank Ltd. Vs. Md. Salauddin and others, 2010, 39 CLC (HCD)
.... 2nd Court, Narayanganj is hereby set aside and the plaint of Title Suit No.31 of 2002 is rejected. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 97, 118; 16 BLC (HCD) (2011) 277, 293. ...... 2nd Court, Narayanganj is hereby set aside and the plaint of Title Suit No.31 of 2002 is rejected. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 97, 118; 16 BLC (HCD) (2011) 277, 293. ......y the Order No.24 dated 28.9.2003 passed by the learned Joint District Judge, 2nd Court, Narayanganj in Title Suit No.31 of 2002 should not be set-aside. 2. Material facts of the case as necessary for the disposal of the Rule are that the petitioner, Arab Bangladesh Bank Ltd. as plaintiff filed T......rty in Egypt sequestrated by the Egyptian authority. The main question in this case was whether a section in the Foreign Compensation Act purporting to oust the jurisdiction of the Court to review ‘determinations’ of the compensation was effective to the end. Section 4(4) of the Foreign Compensa..Category: Civil Law | Date: | Hits: 141
Meher Negar Vs. Mojibur Rahman, 1994, 23 CLC (HCD)
.... Motion No. 13 of 1987 is hereby set aside and that of the Magistrate, Kalkini passed in Miscellaneous Cass No. 42 of 1986 is restored. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 18. ......hat the relevant provisions of the West Pakistan Family Court Act, 1964 are quite different from the relevant provisions of our law i.e. the Family Courts Ordinance, 1985 and as such the above quoted principle of law laid down by the Supreme Court of Pakistan cannot be applied in our country. It can...... the Sessions Judge, Madaripur in Criminal Motion No.13 of 1987 should not be set aside or such other or further order or orders passed as to this Court may deem fit and proper. 2. Facts necessary for the purpose of disposal of this Rule are as follows‑ The present Petitioner Meher Negar on ...... Motion No. 13 of 1987 is hereby set aside and that of the Magistrate, Kalkini passed in Miscellaneous Cass No. 42 of 1986 is restored. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 18. ..Category: Family Law | Date: | Hits: 215
Syed Monirul Huda Chowdhury Vs. Fouzia Chowdhury and others, 1994, 23 CLC (HCD)
....cepted. The revision is thus devoid of any merit. The result, therefore, is that the Rule is discharged without any order as to costs. Ed. This case is also Reported in: 47 DLR (AD) (1995) 10.......it could not be allowed if it changed the nature and character of the suit, or if the prayer for amendment had become barred by lapse of time and a right had accrued to the other side. But the latter principle can be departed, if there are circumstances which outweigh the hardship and cause of preju......ion No. 2834 of 1993. Judgment Abu Sayeed Ahammed J. -The defendants are revisionist. Fray is among the collateral relations of the same family. We are called upon to consider whether in a suit for ejectment of licencees, a prayer for declaration of plaintiffs title in the suit holding can be ......d, holding, inter alia, that amendment of plaint should be allowed when it is necessary to avoid multiplicity of proceedings, hardships to the parties and for complete adjudication of the dispute and determination of the real question in controversy. 5. Mr. Islam also cited the decision in the ca..Category: Property Law | Date: | Hits: 151
....ioner of Taxes.
Send a copy with the seal of the Court to the Appellate Tribunal, Chittagong.
There will be no order as to costs.
Ed.
This case is also Reported in: 47 DLR (HCD) (1995) 6.
......hin three years and cannot be carried over to be added with 4th year's credit and hence there is no question of continuation of business and continuation of credit liability standing over years. This principle is not at all applicable for income‑tax purpose because the provision of section 10(2A)(......Application No.1 of 1985. (Chittagong)
Judgment
Anwarul Hoque Choudhury J. - In the instant reference application being No. 1 of 1985 under section 66(1) of the Income Tax Act has been taken up for hearing today in presence of the learned Deputy Attorney General, Mr. AY Salehuzzaman appearing ......ioner of Taxes.
Send a copy with the seal of the Court to the Appellate Tribunal, Chittagong.
There will be no order as to costs.
Ed.
This case is also Reported in: 47 DLR (HCD) (1995) 6.
..
Category: Fiscal/Taxation Law | Date: | Hits: 188
American Bureau of Shipping Vs. Commissioner of Taxes (South) Zone, Chittagong, 1994, 23 CLC (HCD)
....l dispose of these three Reference applications namely, Application Nos. 80, 81 and 82 of 1992. There shall be no order as to costs. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 1. ......ection 4 of the Income Tax Act, income includes all incomes, profits and gains from whatever source derived. Total income includes profits and gains referred to in subsection (1) of section 4 and the principle underlying changeability of income depends on the legal accumulation or receipt where that......f Taxes, Chittagong in Income Tax Appeal No. 151/Coy‑II/86‑87 allowing the appeal. 2. The Deputy Commissioner of Taxes disallowed expenses incurred by the applicant outside taxable territories for conducting their business in Bangladesh by artificially linking the expenses with the income ear......l dispose of these three Reference applications namely, Application Nos. 80, 81 and 82 of 1992. There shall be no order as to costs. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 1. ..Category: Fiscal/Taxation Law | Date: | Hits: 159
Abdul Ali and another Vs. State, 1977, 6 CLC (AD)
....e with the judgment of brother K. Hossain J. Order of the Court In view of the opinion of the majority the appeal is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 58. ......xtra ordinary power which is inherent in the High Court for doing justice but such power is to be used extremely cautiously and that solely for advancing the cause of justice. It is also a salutary principle that a criminal proceeding started against a certain person should not be thwarted or in...... holding that the labourer under a Government contractor is a public servant within the meaning of S.21 of the Penal Code. 2. It appears that a criminal proceeding being G.R, Case No.242 of 1976 before the Summary Military Court, Sadar, Noakhali is pending, where the two appellants along with Mur......so a salutary principle that a criminal proceeding started against a certain person should not be thwarted or interrupted at an interlocutory stage but should be allowed to proceed to the final determination by the Court as to the guilt or innocence of the said person according to the relevant..Category: Criminal Law | Date: | Hits: 115
Ajufannessa @ Aji Bibi and others Vs. Safar Miah and others, 1977, 6 CLC (AD)
....at the appeal is allowed with costs. The judgment and decree of the High Court it set aside and those of the Courts below are restored. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 41. ......h the plaintiffs as their bargadars and the plaintiffs, so long as they were in such possession, were estopped from denying the title of the defendants who had inducted them into such possession. The principle underlying the provision of section 116 of the Evidence Act, read with section 115 of the ......inst a judgment of a Bench of the Dacca High Court, setting aside in a Second Appeal a concurrent judgment of the Courts below and decreeing the suit brought by the respondents against the appellants for recovery of khas possession of the land in suit on declaration of their title thereto. 2. The......at the appeal is allowed with costs. The judgment and decree of the High Court it set aside and those of the Courts below are restored. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 41. ..Category: Property Law | Date: | Hits: 97
Fazlur Rahman Vs. Rajab Ali and others, 1977, 6 CLC (AD)
.... this Court and dispose of the suit according to law. The petition is accordingly disposed of but there shall be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 30. ......e does not in terms prescribe specifically the service of any notice upon the parties concerned, the practice of issuing a rule upon such parties before the final order is made is dictated by the principle of natural justice to which a Court of law is required to adhere before making any judicia......ate, intruded by H.C. Panday, Advocate-on-Record—For the Petitioner. Nizamuddin Haider, Advocate, instructed by M. R. Khan, Advocate-on-Reeord—For the Respondents No.1 and 2. Civil Petition for Special Leave to Appeal No. 173 of 1977. (From the Order dated 3-6-77 passed by the High Cou...... if the Court is of the view that the decision on such of the issues will be sufficient to dispose of the entire suit without causing any injustice to any of the parties. If the Court finds after the determination of such issues that the findings is not sufficient for the disposal of the suit the Co..Category: Civil Law | Date: | Hits: 111
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