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Sharif Miah Vs. Rina and anothers, 2014, 43 CLC (HCD)
....r shall also be furnished free of cost to the learned Advocates for both sides. Hearing adjourned till 6-4-2014. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 16 ......li, the learned Advocate for the plaintiffs (opposite parties), opposes the application on the ground that it is a delayed application and that the issue can be decided on the basis other evidence on record. 3. Perused the record. 4. The courts below decided that the minor girl Sharifa is ......r shall also be furnished free of cost to the learned Advocates for both sides. Hearing adjourned till 6-4-2014. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 16 ..Category: Civil Law, Women and Children | Date: 3 May, 2014 | Hits: 5
Khan Mohammad Ameer Vs. Atiqur Rahman and others, 2014, 43 CLC (HCD)
....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 ......ng a suit for specific performance of contract is one year i.e. the appellant had to file the suit within one and half year from the date of execution of the agreement for sale. Taking us to the record he has submitted that the contract was executed on 19-11-2009 and instant suit was filed on 3......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)
....tion filed under section 561A of the Code challenging the order of the Metropolitan Sessions Judge, Chittagong who maintained those of the Chief Metropolitan Magistrate as to the return of the seized goods which included ornaments (both gold and silver), money and other articles of 46 (forty si......rayer of the Investigation Officer made on 9-6-2005 alamots seized in Kotwali Police Station Case No.24 (8)2004 under section 25B of the Act, 1974 (GR number of this PS Case is not available from the record) were also shown as alamots in connection with Kotwali Police Station Case No. 16(6)2005 unde......urt Division in Criminal Miscellaneous Case No.4296 of 2006 and by this Court in Criminal Appeal No.43 of 2009 stand Accordingly. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 77. ..Category: Criminal Law, Property Law | Date: 27 Apr, 2014 | Hits: 8
Pubali Bank Limited Vs. Commissioner of Taxes, 2014, 43 CLC (HCD)
....egible to commute income upon allowances deduction of the aforesaid. That means outstanding loan including interest is classified as the accumulative amount of advance and loan, no matter the same is good or bad. A loan is always bad unless the same is repaid within the stipulated time. Section 29(1......ication by an affidavit in reply controverting some of the statements made in the reference application and supporting the order of the Tribunal. It has been stated that the DCT on examination of the record correctly made assessment under section 83(2) of the Ordinance, by adding to income, inadmiss......ting to the assessment year 1998-1999. 2. The assessee-applicant Pubali Bank Limited (hereinafter referred to as the assessee) is the Banking Company dealing with all types of commercial banking services. The assessee has been employing regular method of accounting for its business duly audited..Category: Fiscal/Taxation Law | Date: 27 Apr, 2014 | Hits: 6
Chittagong Steel Mills Ltd and another Vs. MEC, Dhaka & others, 2014, 43 CLC (AD)
....different products of the appellant, Chittagong Steel Mills Ltd. (in short, the Mill) on the terms and conditions contained in an agreement 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 o......lies upon a number of cases relating to awarding of interest. 8. We have considered the submissions of the learned Advocates of both the sides, perused the impugned judgment and the materials on record. 9. At the very outset, it is necessary to go though the ground, on which, leave was gra......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
হোটেল পূর্বাণী ইন্টান্যাশনাল লিমিটেড বনাম কমিশনার অব ট্যাক্সেস, 2014, 43 CLC (HCD)
....ল না। বিচারপতি মোঃ ইমদাদুল হক আজাদ.- আমি একমত হইলাম। Ed. This Case is also Reported in: ......missioner of Taxes, the income of the assessee cannot be property deduced therefrom, or b) in any case to which sub-section (2) applies, the assessee fails to maintain accounts, make payments or record transactions in the manner directed under that sub-section; or c) a company [or a regist......ল না। বিচারপতি মোঃ ইমদাদুল হক আজাদ.- আমি একমত হইলাম। Ed. This Case is also Reported in: ..Category: Fiscal/Taxation Law | Date: 22 Apr, 2014 | Hits: 4
Nur Mohammad and others Vs. Mosammat Kamla Khatun and others, 2014, 43 CLC (AD)
....ide and the suit is remanded to the trial Court. The trial Court is directed to dispose of the suit as expeditiously as possible. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 205 ...... His case, in short, is that the suit land belonged to Jamal Sheikh and the heirs of Jamal Sheikh sold the suit land by two registered deeds of sale dated 26-6-1986 in favour of the plaintiff. The SA record was prepared in the names of the defendants. The plaintiff's further case is that he......ide and the suit is remanded to the trial Court. The trial Court is directed to dispose of the suit as expeditiously as possible. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 205 ..Category: Civil Law, Procedural Law | Date: 17 Apr, 2014 | Hits: 2
Ibrahim Vs. State, 2014, 43 CLC (HCD)
....sentence in its entirety is not well founded in the facts and circumstances of the case. Therefore, the submissions advanced by the learned Counsel for the defence prevails and appears to have a good deal of force. On the contrary we have gone through the decisions as referred by the learned De......nesses were not produced, it is unsafe to rely on the evidence of chance witnesses to make a nexus between the accused and the crime. There is no cogent, convincing and unimpeachable evidence on record to prove the complicity of the accused with the crime of throwing acid. Prosecution utterly f......m be set at liberty if not detained in any other case. The Office is directed to send down the records at once. Ed. This Case is also Reported in: 20 BLC (HCD) (2015) 289 ..Category: Evidence Law, Women and Children | Date: 16 Apr, 2014 | Hits: 17
Borun Khatun and others Vs. Md. Hebaj Uddin Pramanik and another, 2014, 43 DLR (HCD)
....on of the suit land till disposal of the appeal. Send down the lower Court records. Communicate this judgment at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 58. ......Pramanik and SA khatian No. 320 was published correctly in the name of Gahar Ali. Gahar Ali died leaving two sons, Hebaj Uddin and Afaj Uddin who inherited his property and is possessing the same. RS record primarily recorded the name of plaintiffs but while RS record was published finally it is see......on of the suit land till disposal of the appeal. Send down the lower Court records. Communicate this judgment at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 58. ..Category: Property Law | Date: 6 Apr, 2014 | Hits: 9
State Vs. Shajahan Bepari and others, 2014, 43 CLC (HCD)
....n amending law, if the new law manifests such a necessary intendment. With regard to the procedural laws, the general principle is that alterations in procedure are retrospective unless there be some good reason against such a view. If a statute deals merely with the procedure in an action, and does......ustice the case is required to be revived. 7. No one appears on behalf of the accused opposite parties to oppose the Rule, 8. In order to appreciate her submissions we have gone through the record and given our anxious consideration to her submissions. 9. On going to the materials on ......e is directed to dispose of the case within six months from date. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 140 ..Category: Criminal Law, Procedural Law | Date: 3 Apr, 2014 | Hits: 3
AZM Tajul Islam vs. Government of Bangladesh and others, 2014, 43 CLC (HCD)
....itional Chief Engineer. Md. Kabir Ahmed did not fulfil the requirement of 3 years experience as Additional Chief Engineer for which the SSB left the issue of service length condonation under the good conscience of the President. 23. Seniority is not the only criteria of promotion or t...... of 18 (Eighteen) years including 3 (three) years experience as Additional Chief Engineer and in the meantime, the petitioner has completed about 34 (thirty four) years of service with an unblemished record. It is pertinent to note here that the petitioner has already completed more than 2(two)...... 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 his service he has been promoted to different posts from time to time (Annexure-A).The respondent No.1 b..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)
....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. ......und that defendant No.1acquired title in 1(ka) schedule land to the plaint. 9. We have considered the submissions of the learned Advocate, perused the impugned judgment and the materials on record. 10. The High Court Division came to a finding that defendant No.1purchased the lan......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
....from April 2011, within 2(two) weeks from the date of receipt of this judgment.
Communicate copies of the judgment at once.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 46.
......;....................(16)
If the service rendered by the MLSS is otherwise satisfactory and not detrimental to the interest of the institution concerned mere defect/flaw of his/her academic records, not detected at the entry stage or soon thereafter, should not be the ground for her remova...... other public bodies under suspension. Here the poor lady was deprived of everything. No norm of disciplinary action in passing the order has been followed…....................(16)
If the service rendered by the MLSS is otherwise satisfactory and not detrimental to the interest of t..
Category: Constitutional Law, Employment/Service Law | Date: 13 Mar, 2014 | Hits: 6
Ekramul Haque Balbul Vs. Md. Faiz and others, 2014, 43 CLC (AD)
....0 wherein his Lordship observed, "Judges and Courts are alike open to criticism, and if reasonable argument or expostulation is offered against any judicial act, as contrary to law or the public good, no Court could or would treat that as contempt of Court." Their Lordships went on to hold......e-on-Record—For the Appellant, (In Criminal Appeal No.12 of 2005). Ajmalul Hossain, Senior Advocate, with ABM Siddiqur Rahman Khan, Advocate, instructed by Mvi. Md. Wahidullah, Advocate-on-record—For the Respondents, (In Criminal Appeal Nos.9 and 12 of 2005) and-For respondent No.2 ......elivery system. He pointed out that as a result of the inquiries several cases of forgery were discovered and a number of concerned officials have been taken to task and some have been dismissed from service. He submitted, therefore, that scadalisation of the Supreme Court was neither intended ..Category: Constitutional Law, Contempt of Court Law | Date: 11 Mar, 2014 | Hits: 16
....;
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 204
......;
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 204
......;
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)
....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. ......hs in Nari-o-Shishu case No.148 of 2011 pending before the Nari-o-Shishu Nirjatan Daman Tribunal, Narsingdi for trial. We have perused the FIR, the medical report of the victim and other materials on record. 2. Learned Attorney-General argued that the High Court Division exceeded its norms in a......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)
.... Rules 4, 5 & 7 It is the usual practice that provisional assessment should he followed by final assessment as per Valuation Rules. The Customs Authority finally assesses the goods and to duly in accordance with Customs Valuation Rules, 2000 after notifying the documents and......luation Rule, 2000 directly in determining the valuation of the goods in question without exhausting the earlier applicable rules i.e. rule 4 and 5 when the documents, materials and evidences on record are available that the goods in question are to be valued in accordance with the rules 4 and ......sion and obtained the present Rule. 7. Mr. Mohammad Jamal Hossain, the learned Advocate appearing for the petitioner after taking us with the petition and the Annexures thereto pressed into service several grounds. His bone of contention is that as per the judgment and order dated 19-11 -2..Category: Fiscal/Taxation Law | Date: 5 Mar, 2014 | Hits: 8
SM Deen Islam Vs. Government of Bangladesh and others, 2014, 43 CLC (HCD)
....issue a fresh order in strict compliance of law, if so desires. There will be no order as to costs. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 34. ...... of a union parishad can be suspended under section 34(1) of the Ain, 2009, but in such a case a proceeding for removal of the said Chairman has to be started. In the instant case, it is evident from record that the respondents have suspended the respective petitioners without initiating any pr......issue a fresh order in strict compliance of law, if so desires. There will be no order as to costs. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 34. ..Category: Administrative Law, Constitutional Law | Date: 4 Mar, 2014 | Hits: 5
Hafiz Ahmed Mazumder Vs. Pubali Bank Limited, 2014, 43 CLC (HCD)
....rlier letter dated April 15, 2013 in connection with minimum 2 per cent share requirement for becoming a Director in the Board of a bank, I was confirmed by your concerned department and also by your good-self over telephone that irrespective of any sponsor/promoters and general shareholders, must h......hat the petitioners were not qualified to contest in the election for office of the directors as they did not have 2% shareholding in their individual name, in the paid up capital of the bank, on the record date; that the Respondent No. 2's deliberation as contained in the impugned notice in res......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
Ruksana Huq and oth¬ers Vs. AK Faizul Huq (Raju) and others, 2014, 43 CLC (AD)
.... process of Court. 11. However, we find no merit in this Civil Petition for Leave to Appeal and hence it is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 240. ......late AK Faizul Huq, filed an application on 26-8-2007 praying for being added as parties in that succession case. The Court allowed that application vide order dated 12-11-2007 and fixed 2-3-2008 for recording evidence of both the parties. Thereafter, the Court recorded the evidence of the opposite ...... process of Court. 11. However, we find no merit in this Civil Petition for Leave to Appeal and hence it is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 240. ..Category: Civil Law, Procedural Law | Date: 25 Feb, 2014 | Hits: 4
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