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Grameen Telecom Vs. Commissioner of Taxes, 2013, 42 CLC (HCD)
....unal refusing to allow the admission of appeal before the Commissioner of Taxes (Appeal). 2. It has been stated in the instant Income Tax Reference Application that the Assessee-applicant is a company and a regular income tax assessee under the Companies Circle-07, Taxes Zone-03, Dhaka, and holdi......due hearing of the authorized representative of the Assessee-applicant Mr. Mahbubur Rahman (ITP). But the Assessee-applicant did not receive any order till the Assessee-applicant was aware at a later stage of such revised assessment order and filed an application on 17.9.2003 to get the certified co......o be admitted and heard on merit by the Commissioner of Taxes (Appeal), immediately. However, there shall be no order as to costs. Mohammad Ullah J. -I agree. This Case is also Reported in: ..Category: Fiscal/Taxation Law | Date: 5 Jun, 2013 | Hits: 86
A.B.M. Liton Vs. Bangladesh & Others, 2013, 42 CLC (HCD)
....ower for realization of loan, if it is found that the main borrower has failed to repay the loan. Learned Advocate further submits that it is apparent from the plaint that even the Bank did not issue any legal notice on the petitioner, rather the legal notice demanding repayment of loan was issued o......the refusal of bail are set-aside in so far as the petitioner is concerned. Communicate this order. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 207 ......Result: The Rule is made absolute. Refusal of Bail not Sustained-- Since the Adalat as well as the Bank proceeded against the body of all the defendants including the petitioner before proceeding against their properties, and since the Bank and the Adalat proceeded against the petitio..Category: Banking Law | Date: 3 Jun, 2013 | Hits: 5
Nazrul Islam (Md.) & others Vs. Mahfuzur Rahman and others, 2013, 42 CLC (HCD)
....dur Rahman. The plaintiffs have no right, title, interest and possession into the suit land the suit is liable to be dismissed with cost. 11. Upon the above pleadings, the trial Court framed as many as 6 issues to dispose of the suit whereupon the plaintiffs examined 6 witnesses and filed some ......s their permissive possessor and since the plaint is totally silent on this vital point, the trial Court rightly held there was no cause of action of the present suit and the plaintiffs at this stage to fill up the lacuna sought the amendment which they cannot do at all and if the amendment as......t of their lawyer who had conducted the suit on their behalf at trail. However, I feel that there should no comment on this submission of the learned advocate for the petitioners at this stage of the proceeding. 21. The defendants in their very dishevelled and wishy-washy written statements adv..Category: Property Law | Date: 21 May, 2013 | Hits: 6
Moon Construction Company Limited Vs. Government of Bangladesh & others, 2013, 42 CLC (HCD)
.... ...... on the file of the petitioner in respect of the prepared admitted bill for the retention money until today (date of hearing). As we already have mentioned above that the contract is over and at this stage the instant writ petition is not merely based on contractual issue. We maintain that once the ......ent. Office is directed to communicate the copy of this judgment forthwith. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 193 ..Category: Constitutional Law | Date: 16 May, 2013 | Hits: 4
ABSCO Limited Vs. Artha Rin Adalat No.2, Dhaka & another, 2013, 42 CLC (HCD)
.... Judgment May 15, 2013. Result: Both the rules are discharged. Artha Rin Adalat Ain (VIII of 2003); Sections 10(1) and 19(2) Section 10 of the Ain, 2003 does not provide any provisions for filing applications against the ex-parte judgments and decree of the Adalat simil......charged without any orders as to costs.' Communicate the judgment to the court concerned at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 9. ......n 41 come immediately to mind, in addition, a reading of section 26 of the Act serves to provide an indication of invoking relevant provisions of the Code.............(19) For ex-parte proceedings maturing under section 10 there remains no scope under the scheme of the Ain for the sec..Category: Corporate Law, Others | Date: 15 May, 2013 | Hits: 8
Abdul Mukid (Md.) Vs.. Artha Rin Adalat Khulna and another, 2013, 42 CLC (HCD)
.... and, as such, the whole proceeding before the Artha Rin Adalat in question was without lawful authority being quorum non judice. He contends that although the petitioner and his father did not raise any objection before the Artha Rin Adalat regarding its lack of jurisdiction, yet, he submits, juris......d or certificates issued by the said Artha Rin Adalat also resulted in nullity. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 211. ...... on 15-2-1995 in terms of the said solenama. However, the petitioner having failed to repay the loan as per the terms of the Solenama decree, Adalat by order dated 17-2-1998 recommenced the execution proceeding at the instance of respondent No. 2. In the process of said execution, the Adalat issued ..Category: Corporate Law | Date: 21 Apr, 2013 | Hits: 4
....Sessions Case No. 604 of 2009 but remained in abscondance at the trial, therefore, the judgments were passed in absentia. Thereafter, the opposite-party No. 2 could neither be apprehend nor there was any scope for realization of fine as such the petitioner through government invoked sectio......ng of Miscellaneous Case No. 28 of 2011 before the Joint District Judge if he is so advised.
Ed.
This Case is also Reported in: 66 DLR (HCD) (2014) 117
......er dated 26-2-2013.
2. This rule is directed against order No.32 dated 4-4-2012 passed in Money Execution Case No.2 of 2011 by the learned Joint District Judge, 2nd Court, Sylhet whereby further proceedings of Execution Case No. 2 of 2012 was stayed by the learned Joint District Judge in consid..
Category: Civil Law, Procedural Law | Date: 18 Apr, 2013 | Hits: 2
Iftekharul Karim (Md.) Vs. State, 2013, 42 CLC (HCD)
....ash Birodhi Ain, 2009 that before taking cognizance the Court concerned should have taken sanction from the Government. But, in the instant case the learned Metropolitan Sessions Judge without taking any previous sanction from the Government as provided in the law, took cognizance of the case a......eferring to the provision of section 197 of the Code of Criminal Procedure and the case of Sayed Ahmed Vs. the State, reported in 10 DLR (SC) 12 submits that the Court can obtain sanction at any stage of the trial. 22. In the case of State of Goa Vs. Babu Thomas, reported in (2005) 8 SCC, ......in the instant case the learned Metropolitan Sessions Judge without taking any previous sanction from the Government as provided in the law, took cognizance of the case and, as such, the instant proceeding is illegal and without jurisdiction and same is nothing but an abuse of the process ..Category: Criminal Law | Date: 4 Apr, 2013 | Hits: 4
ABM Mohiuddin Chowdhury Vs. Anti-Corruption Commission and others, 2013, 42 CLC (HCD)
....jurisdiction there must have been good and sufficient reason to by-pass the alternative remedy provided by the statute. The writ jurisdiction is mean for doing justice where it cannot be done in any other forum. This Court repeated occasions argued that Article 102(2) of the Constitution is not......te of receipt of the copy of thus order. The Court concern is to decide the prayer for bail, if so made, in accordance with law. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 537 ......ithin the time frame as; has been prescribed in the said provision of law. In one present case he submits that the said requirement has not been fulfilled and as such he goes to contend that the proceedings of Double Mooring Police Station Case No. 7 dated 2-12-2007 corresponding to ACC Case No..Category: Anti-Corruption Laws, Constitutional Law | Date: 4 Apr, 2013 | Hits: 4
Golam Nabi and another Vs. Anti-Corruption Commis¬sion, and others, 2013, 42 CLC (HCD)
....ry provision laid down in section 32(1) and (2) of the Anti-Corruption Commission Act, 2004 because the very sanctioning power for prosecution has been given by the legislature to the Commission, not any member of the Commission as such sanction for prosecution as required by law has not been d......n the form, quoted above. So, the decision given on the basis of previous legislation referred by the learned Advocate for the accused-petitioner has no manner of application in the present stage of affairs since it relates to sanction under section 32(1) of the Anti-Corruption Commission ......ng in this statute especially in the Torm-3' of the Rules, 2007 is not an idle provision, which can be ignored by the prosecution taking the matter in his own manner in order to regulate the proceeding of the Court. In support of his contention the learned advocate has referred a decision o..Category: Anti-Corruption Laws, Criminal Law | Date: 14 Mar, 2013 | Hits: 4
....e impugned order No.11 dated 20-1-2011 passed by the learned Judge of the Artha Rin Adalat No.1, Chittagong in Artha Rin Execution Case No. 69 of 2010 should not be declared to have been made without any lawful authority and is of no legal effect and/or such other or further order or orders passed a......sts.
Let the copy of the judgment and order be sent to all concerned for information and necessary action.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 146
......ned Advocate also submits that material irregularities and fraud was committed in the auction process because the decree-holder Bank by mentioning wrong schedule of the property in the execution proceeding as well as in the auction proclamation notice proceeded with the auction and ultimat..
Category: Civil Law, Procedural Law | Date: 26 Feb, 2013 | Hits: 3
Rear Admiral M. Nurul Islam, NCC, PSC (Retd.) Vs. State, 2013, 42 CLC (HCD)
....heir purchase policy floated international Tender for such purchase. CSTC, China bid for the supply of F22B Frigate and its bid was the lowest in the tender floated in 1995- 1996, but without showing any justification a decision was made to purchase Frigate from Daewoo Corporation of South Korea. Th......the proceeding and there are ingredients of offence, which attracts criminal breach of trust, fraud and misappropriation of public fund by the public servants should not be interfered at this initial stage and as such, these Rules are liable to be discharged. 17. Mr. K. M. Zahid Sarwar, learned...... part of these applications. 2. These Rules were issued in the above numbered criminal Miscellaneous Cases upon 4(four) separate applications filed by 4(four) accused petitioners challenging the proceeding of Special Case No. 56 of 2003 (formerly Metropolitan Special Case No.72 of 2003) arising..Category: Anti-Corruption Laws | Date: 24 Feb, 2013 | Hits: 82
Badsha Mia Vs. State, 2013, 42 CLC (HCD)
....t section 406 of the Penal Code. There is no application of section 420 of the Penal Code against the petitioners as there is no allegation that they obtained the tin sheet fraudulently inducing anybody to part with the same to him. Furthermore the proceeding cannot continue against the petitio......e, Faridpur is hereby quashed. The order of stay granted at the time of issuance of the rule is hereby vacated. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 189 ......on of section 420 of the Penal Code against the petitioners as there is no allegation that they obtained the tin sheet fraudulently inducing anybody to part with the same to him. Furthermore the proceeding cannot continue against the petitioner alone as the abettor of the offence of criminal br..Category: Criminal Law, Procedural Law | Date: 20 Feb, 2013 | Hits: 4
Shamir Chandra Sajwal and others Vs. Government of Bangladesh, 2013, 42 CLC (HCD)
....s of land recorded in hal plot No.894, which is part of the disputed land. Plaintiff's further case is such that the owner of the 1/3rd share of CS Khatian No.93 Fasu Sawjal died as widow without any issue leaving behind only nephew Bhadra Kanta. On the unmarried death of Adhar Chand 2 annas 13 ......earned Assistant-Attorney-General submits that there is no scope in legal arena and factual aspects of the suit to consider the submission on remand and acceptance of the papers produced at this stage on behalf of the Government. The learned Advocates in this connection also submits that t......ed from the side of the defendant. Under the purview of section 58 of the Evidence Act the facts admitted need not to be proved. It requires to be mentioned here that a fact need not be proved in any proceeding which the parties thereto or their agents agrees or agree to admit at the hearing, or whi..Category: Procedural Law | Date: 13 Feb, 2013 | Hits: 8
Abdul Wahab (Md.) Vs. State & another, 2013, 42 CLC (HCD)
.... behalf of the accused-petitioner, submits that the Deputy Director of the Anti-Corruption Commission issued notice under section 26(1) of the Anti-Corruption Commission Act, 2004 without having any lawful authority and, as such, the proceeding initiated thereunder has become vitiated. It is st......d by the trial Court 22-11-2009. After taking cognizance in the Special Case No.3 of 2009, the learned Senior Special Judge, Jhenaidah fixed the case for charge hearing at last on 25-10-2010. At this stage/the accused-petitioner, after obtaining bail, preferred this application under section 561A of......mption about the allegation and explain his position regarding the acquisition of properties disclosing sources of income. Mere denial of allegation can not be taken into consideration in the instant proceeding....... (7) Section 32, Anti Corruption Commission Act, 2004 According to sectio..Category: Anti-Corruption Laws, Criminal Law | Date: 10 Feb, 2013 | Hits: 6
Abdullah-al-Noman Vs. State and another, 2013, 42 CLC (HCD)
....e notice. The accused-petitioner received the said notice on 26-10-1997 putting his signature in the acknowledgement. In spite of receipt of notice, the accused-petitioner neither submitted any wealth statement nor did he pray for time for furnishing the wealth statement. Since the accused......med charge against the accused-petitioner under section 4(2) of the Anti: Corruption Act, 1957, and, as such, the impugned proceedings brought against the accused-petitioner cannot be quashed at this stage. He candidly submits that in view of sections 7 and 9 of the Anti-Corruption Act, 1......- On an application under section 561A of the Code of Criminal Procedure filed by the accused-petitioner, a Rule was issued calling upon the opposite-parties to show cause as to why the impugned proceedings of Special Case No. 22 of 2007 arising out of Dhan-mondi Police Station Case No.71 dated..Category: Anti-Corruption Laws, Criminal Law | Date: 24 Jan, 2013 | Hits: 8
Mohidul Islam (Ripon)(Md.) Vs. State and another, 2013, 42 CLC (HCD)
....arged. Opportunity to prove the allegation by adducing evidence- There is scope for the accused-petitioner to explain about the matter and rectify the mistake in calculating assets, even if any, at the time of trial as required under section 27(1) of the Anti-Corruption Commission Act, 200...... categories of cases where the High Court Division should inference to quash a criminal proceeding. In that decision this Division observed as follows:— (1) Interference even at an initial stage may be justified where the facts are so preposterous that even on the admitted facts no c...... question is reliable or not. This is the function of the trial Magistrate and it might so happen that quashment of criminal proceedings before commencement of trial would amount to stifling the proceedings before the prosecution got an opportunity to bring evidence in support of the accus..Category: Anti-Corruption Laws, Criminal Law | Date: 17 Jan, 2013 | Hits: 3
Giasuddin-al-Mamun Vs. State and another, 2013, 42 CLC (HCD)
....including the present petitioner under section 2 (ট) (আ) (ই) and 13 of the Money Laundering Protirodh Ain, 2002. After framing charge in the meantime prosecution has examined as many as 7(seven) witnesses. At this stage the present accused-petitioner filed an application before ......der section 2 (ট) (আ) (ই) and 13 of the Money Laundering Protirodh Ain, 2002. After framing charge in the meantime prosecution has examined as many as 7(seven) witnesses. At this stage the present accused-petitioner filed an application before the Special Judge under section&nbs......ed by the learned Special Judge, Special Court No. 3, Dhaka in Special Case No. 17 of 2011 rejecting the application under section 344 of the Code of Criminal Procedure refusing to stop the proceeding of the case. Background facts for filing the instant application are as follows; ..Category: Criminal Law | Date: 17 Jan, 2013 | Hits: 11
Paresh Chandra Biswas Vs. Shree Shree Shashan Kalimata Idol and others, 2013, 42 CLC (AD)
....e leave-petitioner, submits that instead of going through the prayer of the plaint of the suit, the High Court Division affirmed the judgment of the trial Court without coming to a finding whether any person of the Hindu community has no locus standi for filing a suit against a shebait of a pri......ation 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: 21 BLT (AD) (2013) 339. ......mbers of the Hindu community. The High Court Division further held that a shebait who is guilty of misconduct or abuses his position as a trustee could be removed by the Court in a proper judicial proceeding. 9. Having considered the oral evidence of the P.Ws. and D.Ws., the High Court Div..Category: Hindu Law | Date: 17 Jan, 2013 | Hits: 14
Md. Sadek Ali Vs. Government of Bangladesh and others, 2013, 42 CLC (HCD)
....hatched up a conspiracy against him. Consequently the General Manager of the Mills (respondent 2) terminated him from service under the impugned memo. In so doing, he (respondent 2) did not serve him any prior notice or give him any opportunity of being heard in any manner. Within a week after his t......s the said representation and take a decision thereon. The Rule is thus disposed of with the above observations. Shamim Hasnain J. - I agree. Ed. This Case is also Reported in: ......ment, which was not taken into consideration. 5. The petitioner successfully completed more than 24 years of his service in the Mills. During this long period, he did never face any departmental proceeding even any complaint. Because of his satisfactory performance, honesty and sincerity he was..Category: Labour and Industrial Law | Date: 13 Jan, 2013 | Hits: 101
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