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....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......r after receiving quotation about auction of the property 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 Sha......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.
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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 ...... High Court Division (Special Original Jurisdiction) Present: Syed Refaat Ahmed J Md. Ashraful Kamal J Moulana Abdul Hakim (Md.)...............Petitioner Vs. Government of Bangladesh and others..............Respondent Judgment October 3, 2013 R......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......ponsible for the payment of income taxes, super taxes and other taxes, on income arising out of the contract and the rates and prices stated in the priced bill of quantities, shall be deemed to cover all such taxes and such taxes any be recovered from the contractors bills in accordance with Go......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
Satsang Bangladesh, D. Pakutia Vs. People’s Republic of Bangladesh and others, 2013, 42 CLC (HCD)
.... Judge, Pabna Sadar. Pabna for a declaration that the plaintiff 'Satsang Bangladesh' is the only legal representative in -Bangladesh contending inter-alia that, Sree Sree Thagore Anukul Chandra established an 'Ashrom' namely "Satsang Ashrom" in Hemayetpur, Pabna wherei......ual peace. Subsequently, Sree Sree Thagore Anukul Chandra leaving the Ashrom on 1st September, 1946 AD went to Deoghor of Bihar Province in India. He never returned back to Pabna and as a result the Government of the then East Pakistan acquired the entire land of Hemayetpur Ashrom and established a ......evidence within 2(two) months from the date of receipt of this judgment, order. Communicate the judgment and order at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 110 ..Category: Civil Law, Procedural Law | Date: 26 Sep, 2013 | Hits: 3
Bakhrabad Gas System Limited Vs. Al Masud-ar-Noor and others, 2013, 42 CLC (AD)
....dgment and order needs to be interfered with by this Division by giving leave. 8. Mr. AM Mahbubuddin, learned Advocate, entering caveat on behalf of the writ-petitioner-respondents, on the other hand, supported the impugned judgment and order. 9. We do not find any substance in the sub......appointed after the coming into effect or force of the same. With the above observations, the petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 187. ......appointed after the coming into effect or force of the same. With the above observations, the petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 187. ..Category: Employment/Service Law | Date: 26 Sep, 2013 | Hits: 12
....er was not cancelled, it was not entitled to get the refund as prayed for.
10. Mr. Mahmudul Islam, learned Counsel, entering caveat on behalf of the writ-petitioner-respondent, has, on the other hand, supported the impugned judgment and order.
11. From the judgment and order of the High Co......led under section 19(1) of the Act, it was the duty of the concerned VAT authority to move in the matter and give his decision. The concerned VAT authority must have remembered that he, being a Government functionary, was duty bound to act as per the dictate of law this way or that way and, for......no reason and logic, he could just sit over the matter.
With the above observations, this petition is dismissed.
Ed.
This Case is also Reported in: 20 BLC (AD) (2015) 143
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Category: Fiscal/Taxation Law | Date: 24 Sep, 2013 | Hits: 9
State Vs. Mostafizur Rahman and another, 2013, 42 CLC (AD)
....sions. Case Referred to- State of Punjab Vs. Jagir Sing; SCC (1974) PP 285-286 and Md. Abdul Hamid Mollah Vs. Ali Mollah, 13 BLD (AD) 127 = 44 DLR (AD) 223; Md. Iqbal Vs. State of Jharkhand, AIR 2013 SC 307. Lawyers Involved: Momtazuddin Fakir, Additional Attorney General, i......ad took out a procession on 11-10-1995 and, thereafter, went to the Police Station but the Officer of the Police Station declined to record the First Information Report (FIR). A memorandum was handed over to the Deputy Commissioner and the Superintendent of Police'. Ultimately on 24-10-1995 the ......and findings given by Mohammad Anwarul Haque, J. Court's Order The appeal is dismissed by majority decisions. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 218. ..Category: Criminal Law, Women and Children | Date: 18 Sep, 2013 | Hits: 7
Government of Bangladesh Vs. Md. Abdul Maleque Miah and 7 anothers, 2013, 42 CLC (AD)
....allowed and the impugned judgment and order is set aside with the observations made in the body of the judgment. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 167 ......rt Appellate Division (Civil) Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J AHM Shamsuddin Choudhury J Government of Bangladesh...... Appellant (In all the appeals) Vs. Md. Abdul Maleque Miah an......allowed and the impugned judgment and order is set aside with the observations made in the body of the judgment. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 167 ..Category: Administrative Law, Constitutional Law | Date: 17 Sep, 2013 | Hits: 3
.... mandate to their elected representation to form a Government; thereby exercised their right of self determination. Members belonging to BJI actually sat in the War Cabinet of the enemy, soiled their hands in the blood of the innocent unarmed civilians, committed genocide, war crimes, crimes against...... people and the Republic, which has been exposed to severe danger by BJI's activities based on its express objectives as laid down in its party constitution, which in fact purports to subvert and overthrow the Constitution of the Republic.
189. BJI on the contrary, not only opposed the birt......hereby declared to have been given without lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 66 DLR (HCD) (2014) 14.
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Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 10
....he enemy, engaged in genocide, war crimes, crimes against humanity, rape, murder, looting, arson, ethnic cleansing and denuding the nation of its intellectuals by systematic killing thus soiled their hands with the blood of the innocent and unarmed civilians. BJI perpetrated the gruesome atrocities ......s "the Commission"), in order to hold a free, fair and credible general election exchanged views with the political parties and stakeholders and recommended to the then Non-Party Caretaker Government a set of reforms and amendments in the electoral laws, i.e., the Representation of the Peo......s Motor Transport Ltd. Vs. Tadi Adhinarayana, (1997) 5 SCC 446, a petition under Sections 397 and 398 of the Companies Act alleging oppression of minority shareholders and mismanagement of the company affairs was filed in the Company Law Board. During pendency of the applica..
Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 11
Syed Raihan Hasan Ali Chowdhury Vs. Syed Hamde Ali Chow¬dhury and others, 2013, 42 CLC (HCD)
....est opportunity, not denying the plaint case and making out a case of real or actual fact. Early means, at or near the beginning of a period……… (17) Cases Referred to- Khandkar Abul Hussain Vs. Government of the People's Republic of Bangladesh, 54 DLR 467; Fuidlay ......ng the plaint case and making out a case of real or actual fact. Early means, at or near the beginning of a period……… (17) Cases Referred to- Khandkar Abul Hussain Vs. Government of the People's Republic of Bangladesh, 54 DLR 467; Fuidlay & Sons Ltd., Vs. Nurse......Civil Rule No.905(f) of 2011 is disposed of. Send down the lower Court records at once. Communicate this order at once. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 5. ..Category: Trust/Waqf Law | Date: 29 Jul, 2013 | Hits: 5
Robi Axiata Ltd Vs. First Labour Court Dhaka and others, 2013, 42 CLC (HCD)
....gh an application independently made without recourse to such Chapter 14 procedure of raising an industrial dispute. 14. Mr. Hassan MS Azim, appearing for the Respondents, on the other hand, in acknowledging the codification exercise as reflected in the Act, highlights that the A......ourt appreciates that the scheme of the Act, as is so essential for a proper understanding of these competing perspectives on jurisdiction, owes much to a series of enactments that collectively governed the legal regime on labour employment and industrial relations up until the enactment o......Orders of Stay as initially granted are necessarily recalled and vacated. There are no Orders as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 551 ..Category: Labour and Industrial Law | Date: 28 Jul, 2013 | Hits: 7
.... instant petitioner that someone engaged in the business of rearing and selling fish is also to be accepted as a fisherman. So, the judgment of the High Court Division cannot be faulted. On the other hand, the membership of fishermen society, of which the petitioner is the president, still remains v......ed to get lease of a fishery where a pre-condition is that the applicant must be member of a society of genuine fisherman. He further points out that the purpose of the Nitimala was to alleviate the poverty of real fishermen, i.e., those whose livelihood is from catching and selling fish. He points ......d over possession of the fishery in question and also to refund to the petitioner the proportionate lease money for the unexpired period of the lease.
Ed.
This Case is also Reported in:
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Category: Civil Law | Date: 28 Jul, 2013 | Hits: 169
Zahir Fakir (Md.) and oth¬ers Vs. Hahma Khatun and others, 2013, 42 CLC (HCD)
....shy;lation of the said deed of gift and subsequently withdrawing that suit they have filed the instant suit. The criminal ease on the murder of Basiruddin concluded in the year 1968, and on the other hand, the deeds in question were executed and registered in the years 1973,1975,1976,1978 and 1996. ...... an indefinite period which is not the solemn duty of the court; again the impugned order of remand virtually prolonged the early disposal of the suit for an indefinite period. Thus by overall observation the impugned Judgment and order as passed by the Joint District Judge, 2 Court, ......urts records along with a copy of this judgment to the concern Court forthwith for information and necessary action. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 240 ..Category: Property Law | Date: 25 Jul, 2013 | Hits: 6
Chow Wen Chang and others Vs. SF Winsome Fashion Ltd. and others, 2013, 42 CLC (HCD)
....wing the petition by granting the reliefs prayed for. 7. Learned advocate Mr. Kamal-ul-Alam, appearing along with Ms. Shahanaj Akther, appearing for the respondent Nos.1 and 3 to 5, on the other hand, mainly submits that the petitioners are Korean citizen, the Memorandum of Association of the c......the respondent No.3 was selling the scheduled properties of respondent No.1 company most illegally and in personal capacity without the sanction of the Board. The petitioners, seeking to uncover the illegal sale of the properties of the respondent No.1company, came to find that the respond......he company, vide mutation case No. 296/11-12 dated 25-9-2011. The respondent No.7 purchased the said, land as a bonqfide purchaser for value and without any notice of any dispute in the internal management of the respondent No. 1 Company, which is the predecessor in title of the respondent..Category: Company Law | Date: 24 Jul, 2013 | Hits: 10
Zahidul Islam (Md.) Vs. Md. Kamal Hossain and another, 2013, 42 CLC (AD)
.... of thirty days expires and the payment of the dishonored check is not made within the said period prematurity shall be cured ………… (11) Lawyers Involved: Bivash Chandra Biswas, Advocate-on-Record—For the Appellant. Taufique Hossain, Advoc......irected to proceed with the trial of the Sessions case in accordance with law and dispose of the same expeditiously. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 180. ......irected to proceed with the trial of the Sessions case in accordance with law and dispose of the same expeditiously. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 180. ..Category: Others, Procedural Law | Date: 23 Jul, 2013 | Hits: 9
Ayurvedia Pharmacy (Dhaka) Ltd. Vs. Meher Banu Bibi and others, 2013, 42 CLC (AD)
....qui further submits that in no way court cannot direct to pay the balance amount before the expiry of 31.12.2007 which is the terms of the agreement made between the parties. 6. On the other hand, Mr. Fida M. Kamal the learned Counsel appearing on behalf of the respondents has strongly opp......lief Act where two pre-conditions have been imposed to file a suit for Specific Performance of Contract and such legislation has come into force from 1st July, 2005 with a non-obstante clause. Moreover section 214A of the Specific Relief Act does not, at all, allow the court to entertain any pla......in which deserves our interference. In that view of the matter the petition for leave to appeal is hereby dismissed Ed. This Case is also Reported in: 21 BLT (AD) (2013) 229. ..Category: Civil Law | Date: 7 Jul, 2013 | Hits: 13
Afazuddin Fakir (Md.) Vs. MH Rahman and others, 2013, 42 CLC (HCD)
.... an application which does not come within the purview of the plaint according to Order VII, rule 1 of the Code. The plaint has been explained and codified in Order-VII of the said code. On the other hand, the application for pre-emption under section 96 of the Act is mere a proceeding which cannot ......ot; means the formal expression of an adjudication which, so far as regards the Court expressing it, conclusively determines the rights of the parties with regard to all or any of the matters in controversy in the suit and may be either preliminary or final. It shall be deemed to include the re......d with the Miscellaneous Case in accordance with law. Send down the lower Court records with copy of this judgment at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 581 ..Category: Property Law | Date: 17 Jun, 2013 | Hits: 4
Wadud Mollah (Md.) Vs. Md. Nayem and Another, 2013, 42 CLC (AD)
....ch cases, the Court can exercise its discretionary power upon proper application of judicial mind and this exercise should not be arbitrary lest the ends of justice may be defeated. On the other hand, the police have statutory right to arrest any person who appears to them to have been involved...... trial Court. The accused person has come before it by passing the normal procedure. It should not be ignored that under the Code the functions of judiciary and the police are complementary, not overlapping, and combination of individual liberty and that of safety of the people with a due obser......h the above observations. Let a copy of this judgment be communicated to the learned Judges of the High Court Division. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 93. ..Category: Criminal Law | Date: 17 Jun, 2013 | Hits: 3
Moulana Development Co. Limited Vs. National Board of Revenue and others, 2013, 42 CLC (HCD)
....s years arises, the same would be an illegal exercise of the power by the taxes department and as such the rule, as has been issued by this court, is required to be made absolute. 15. On the other hand the learned Deputy Attorney General Mr. S. Rashed Jahangir, appearing on behalf of the Taxes De...... the materials on record. 6. It has been further asserted that the petitioner being liable to deduct the Advance Income Tax from the supplier’s bill and to deposit the same to the credit of the Government, the same is required to be examined pursuant to the provision of section 117A of the Inco......t relates to the previous assessment years other than the current assessment years. 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: 12 Jun, 2013 | Hits: 86
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