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Bangladesh Agricultural Development Corpora¬tion and others Vs. Md. Abdur Rashld and others, 2014, 43 CLC (AD)

....tirement benefits from BADC. Since the respondents had applied for voluntary retire­ments, such applications should be effective in view of the provision of the circular as quoted above or by the relevant law. 18. Mr. Bhuiyan submits that since the BADC allowed the respondents to continue i......peal No. 48 of 2012 is allowed so far as it relates to respondent No. 9 Md. Saiful Alam Khondker and dismissed against the rests. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 257 ......ate Division (Civil) Present: Nazmun Ara Sultana J Md. Imman Ali J Md. Anwarul Haque J Hasan Foez Siddique J Bangladesh Agricultural Development Corpora­tion and others.......Appellants (In all the cases) Vs. Md. Abdur Rashld and others..................peal No. 48 of 2012 is allowed so far as it relates to respondent No. 9 Md. Saiful Alam Khondker and dismissed against the rests. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 257 ..

Category: Administrative Law, Employment/Service Law | Date: 2 Feb, 2014 | Hits: 9

Shafique Ahmed Vs. Md. Abdul Latif Bhuiyan, 2014, 43 CLC (HCD)

.... Court, Narayanganj in Title Suit No. 11 of 2008 decreeing the suit should not be set-aside and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. Facts relevant for the purpose of disposal of the Rule may be, briefly, stated as follows: On 4-2-200...... judgment and in accordance with law. Let the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 248. ...... Rule is made absolute. Small Causes Court Act (IX of 1887); Section 15(2) (3) Jurisdiction of Small Causes Court— Subject to the exceptions speci­fied in the second schedule and to the provi­sions of any enactment for the time being in force, all suits of a civil nature...... judgment and in accordance with law. Let the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 248. ..

Category: Civil Law, Others | Date: 30 Jan, 2014 | Hits: 4

Human Rights and Peace for Bangladesh and others Vs. Hon'ble Speaker, Bangladesh Jatiyo Sangsad and others, 2014, 43 CLC (HCD)

....f the people of the Country to save a small privi­leged class. 7. It is further argued that as part of amend­ing the Anti-Corruption Commission Act, 2004, some proposals were made by the relevant Standing Committee as reported in September, 2012. Accordingly, Bill was prepared, but......ffect. There is no order as to costs. Office is directed to communicate the judg­ment forthwith. Ed.    This Case is also Reported in: 67 DLR (HCD) (2015) 191 ......ported in: 67 DLR (HCD) (2015) 191 ......ffect. There is no order as to costs. Office is directed to communicate the judg­ment forthwith. Ed.    This Case is also Reported in: 67 DLR (HCD) (2015) 191 ..

Category: Anti-Corruption Laws | Date: 30 Jan, 2014 | Hits: 5

Lakshmi Bala Sen and others Vs. Tarun Tapan Dutta @ Tapan Kumar Dutta and others, 2014, 43 CLC (AD)

....ected the defendants (appellants herein) under section 95 of the State Acquisition and Tenancy Act to restore possession to the plaintiff by 10-3-1974. Meanwhile, the High Court Division declared the relevant law as illegal and void and, as such, the plaintiff has subsequently instituted the present......he matter, we do not find any substance in this appeal. Accordingly, the appeal is dismissed with­out any order as to costs. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 162. ......66 DLR (AD) (2014) 162. ......he matter, we do not find any substance in this appeal. Accordingly, the appeal is dismissed with­out any order as to costs. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 162. ..

Category: Tenancy Law | Date: 30 Jan, 2014 | Hits: 15

Mortuz Ali Khalifa Vs. Jobeda ® Kalu Bibiand others, 2014, 43 CLC (AD)

....spondents. Recall the plaintiffs' witnesses for cross-examination  It is a cardinal principle of law that every party to litigation must be given opportunity to place his case with relevant evidence. It is also an established principle and a requirement of law that a party to......ereby direct the trial Court to conclude the, trial expeditiously, preferably within 6 months of receiving a copy of this judgment. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 3 ...... (Civil) Present: Syed Mahmud Hossain J Md.lmman Ali J     Md. Anwarul Haque J Mortuz Ali Khalifa............Appellant Vs. Jobeda ® Kalu Bibiand others...........Respondents Judgment     January 29, 2014.   ......ereby direct the trial Court to conclude the, trial expeditiously, preferably within 6 months of receiving a copy of this judgment. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 3 ..

Category: Civil Law | Date: 29 Jan, 2014 | Hits: 1

Anti-Corruption Commission Vs. Iqbal Hasan Mahmood alias Iqbal Hasan Mahmood Tuku and another, 2014, 43 CLC (AD)

....(1) of the Ain on the reasonings that he had acquired properties which were beyond his known source of income, and said properties were also confiscated by the learned Special Judge. True, during the relevant time, the Commission was not properly constitut­ed. So, the notice issued upon him unde......anded to the High Court Division to dispose of the appeal on merit afresh. This petition is disposed of. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 185.     ......ab Miah J Hasan Foez Siddique J AHM Shamsuddin Chowdhury J Anti-Corruption Commission........................Petitioner Vs. Iqbal Hasan Mahmood alias Iqbal Hasan Mahmood Tuku and another...........Respondents Judgment January 27, 2014.    Result......anded to the High Court Division to dispose of the appeal on merit afresh. This petition is disposed of. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 185.     ..

Category: Anti-Corruption Laws | Date: 27 Jan, 2014 | Hits: 10

Md. Shafayet Hossain Rana Vs. State and Md. Syed Rejaul Karim Salim, 2014, 43 CLC (HCD)

....dispose of the same expeditiously. Send down the lower Courts’ records and communicate the judgment. Muhammad Abdul Hafiz J.- I agree. Ed. This Case is also Reported in: ......dispose of the same expeditiously. Send down the lower Courts’ records and communicate the judgment. Muhammad Abdul Hafiz J.- I agree. Ed. This Case is also Reported in: ...... late Md. Motiur Rahman, Sabbir Tower (5th Floor), 3/4, Purana Paltan, Police Station-Paltan,District-Dhaka…………..Petitioner (In both the revisions) Vs. The State and Md. Syed Rejaul Karim Salim,son of late Abdur Rauf and the Managing Director, Gomati Housing Ltd...... Act is made out i.e. a cheque is bounced, statutory legal notice is served and the case is filed within time, there is a very little scope of quashment of the case. 9. We have gone through the documents and the decisions cited. In the case of MohammadAli Vs. State and another, 64 DLR 426 unde..

Category: Civil Law | Date: 21 Jan, 2014 | Hits: 111

Ali Garments Limited Vs. Commissioner of Taxes, 2014, 43 CLC (AD)

.... 14. We have considered the submissions of the learned advocates appearing for the parties concerned and perused the impugned judgment as well as other evidence and materials on record. 15. The relevant portions of section 160 of the Income Tax Ordinance provides as follows: 160 Reference......ending the case and made assessment under section 84 of the Income Tax Ordinance, 1984. The Deputy Commissioner of Taxes considered the audit report submitted by the company but found that supporting papers including vouchers have not been filed and made the assessment fixing 64.70% as the rate of g......n-Record—For the Respondent. Civil Appeal No.279 of 2002                   (From the judgment and Border dated 25th of March, 2001 passed by the High Court Division in Reference Application No.4......c­ular the question is defective and what is the exact question of law, if any, which aris­es out of the said order; and the reply shall be in   triplicate and be accompanied by any documents which are relevant to the question of law formulated in the applica­tion and which wer..

Category: Fiscal/Taxation Law | Date: 5 Jan, 2014 | Hits: 11

BRAC Bank Ltd Vs. Multimode Ltd, 2013, 42 CLC (HCD)

....lf to enter into an agency business in Bangladesh with Western Union engaged in money transfer business from one country to another. Plaintiff being the expert of technical software service and other relevant functions relating to the money transfer business and having well connection and business r......e result, this appeal is dismissed. No costs. Connected Civil Rule No. 395(f) of 2012 is accordingly discharged. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 48   ......ul Islam, 49 DLR (AD) 177 Mozibar Rahman Vs. The Chairman, Dhaka Improvement Trust DIT Building, Dhaka, 41 DLR (AD) 131 D Wren International Ltd. Vs. Engineers India Ltd., AIR 1996 Calcutta 424 Desai and Co. Vs. Hindustan Petroleum Corporation Limited, AIR 1987 (Guj) 19 Jamuna Oil Company Limited Vs......e result, this appeal is dismissed. No costs. Connected Civil Rule No. 395(f) of 2012 is accordingly discharged. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 48   ..

Category: Contract Law | Date: 12 Dec, 2013 | Hits: 0

Abdul Quader Mollah Vs. Chief Prosecutor, International Crimes, Tribunal, Dhaka, 2013, 42 CLC (AD)

....w its judgment has not been ousted either directly or indirectly by Article 47A (2). This will be evident from a close scrutiny of this provision and the Act of 1973. 9. A subtle analysis of the relevant provi­sions of the Act of 1973 is relevant for our con­sideration. Sub-section (3) ......he rejection by the Privy Council of an application for special leave to appeal or the dismissal of an appeal which has been admitted or if proof is not furnished before the date fixed that necessary papers, instructions and also funds have been sent to a firm of solici­tors in England on behalf......ri Sangha Vs. AIR Ltd., AIR 1988 SC 1325; Seraj Uddin Ahmed Vs. AKM Saiful Alam, 56 DLR (AD) 41; M. Amir Khan Vs.Collector Estate Duty, 14 DLR (SC) 276; Northwest Frontier Province Vs. Suraj Narain Anand, PLD 1949 PC 1; Poonam Vs. Sumit Tanwar, (2010) 4 SCC 460; Pakistan Vs. Akhlaque Hossain, 17 DLR...... unreasonable. (3) A Tribunal shall not require proof of facts of common knowledge but shall take judicial notice thereof. (4) A Tribunal shall take judicial notice of official governmental documents and reports of the united Nations and its subsidiary agen­cies or other international ..

Category: International Crimes Tribunal Law | Date: 12 Dec, 2013 | Hits: 15

State Vs. Md. Ibrahim Ali, 2013, 42 CLC (AD)

.... appeal, by leave, is directed against the judgment and order dated 2-7-2003 passed by a Division Bench of the High Court Division in Criminal Appeal No. 2907 of 1999 allowing the appeal. 2. The relevant facts are as follows: The Appellant was the Tahsildar-in-charge of Majenpur, Tahsil Of...... to the period already undergone by him. In the result the appeal is allowed with the modification of sentence as aforesaid. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 33. ......, Advocate-on-record—For Respondent. Khurshid Alam Khan, Advocate, with leave of the Court—For Anti-Corruption Commission. Criminal Appeal No.22 of 2004. (From the judgment and order dated 2nd of July, 2003' passed by the High Court Division in Criminal Appeal No. 2907...... to the period already undergone by him. In the result the appeal is allowed with the modification of sentence as aforesaid. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 33. ..

Category: Anti-Corruption Laws, Criminal Law, Procedural Law | Date: 3 Dec, 2013 | Hits: 26

Sheikh Md. Rafiqul Islam (Babul) Vs. Manager, Uttara Bank Limited and others, 2013, 42 CLC (HCD)

....hich should be discharged. 9. Heard the learned counsel of both, sides and considered their respective submissions. We have categorically gone through the impugned order dated 18-11-2007 and the relevant laws on the point. To appreciate the point raised by the petitioner it would be profitable ......s set-aside. The trial Court is directed to proceed with the suit immediately in accordance with law. Communicate at once. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 131. ......iginal Jurisdiction) Present: Md. Ashfaqul Islam J Md. Ashraful Kamal J Sheikh Md. Rafiqul Islam (Babul)....................Petitioner Vs. Manager, Uttara Bank Limited and others..........Respondents Judgment November 20, 2013 Result: The Rule is m......s set-aside. The trial Court is directed to proceed with the suit immediately in accordance with law. Communicate at once. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 131. ..

Category: Administrative Law, Banking Law | Date: 20 Nov, 2013 | Hits: 6

Md. Nuruzzaman (Noni) Vs. Government of Bangladesh and others, 2013, 42 CLC (HCD)

....inance Ordinance No.10 of 2007 the President of the Republic had amended serial No.2 clause (kha) of the 2nd schedule of the VAT, Act,1991 imposing VAT upon the non-government Medical College. The relevant portion is quoted below- “১৯৯১ সনের ২২ নং আইনের......fructuous. The order of stay granted earlier is hereby vacated. There will be no order as to costs. AKM Zahirul Hoque J.- I agree. Ed. This Case is also Reported in: ...... (Special Original Jurisdiction) Present: Farah Mahbub J AKM Zahirul Hoque J Md. Nuruzzaman (Noni)………………………Petitioner Vs. Government of Bangladesh and others……Respondents Judgment November 20, 2013. Result: The Rule is dis......fructuous. The order of stay granted earlier is hereby vacated. There will be no order as to costs. AKM Zahirul Hoque J.- I agree. Ed. This Case is also Reported in: ..

Category: Fiscal/Taxation Law | Date: 20 Nov, 2013 | Hits: 24

Ekramul Hossain (Md.) and others Vs. Chairman, First Labour Court, Dhaka and others, 2013, 42 CLC (HCD)

....n 15-10-2011 and for the said purpose a three members election sub-com­mittee took all steps, announced election schedule on 19-9-2011, framed Election Rules on 19-9-2011 and notified duly to all relevant authorities. However, in the midst of process suddenly the first party-respondent filed the......y;ever, without any order as to costs. BLA Case No. 1534 of 2011 pending before the First Labour Court, Dhaka is hereby quashed. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 313 ......R (HCD) (2015) 313 ......y;ever, without any order as to costs. BLA Case No. 1534 of 2011 pending before the First Labour Court, Dhaka is hereby quashed. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 313 ..

Category: Labour and Industrial Law | Date: 18 Nov, 2013 | Hits: 5

Abdul Momen Bhuiyan and others Vs. District Judge, Dhaka and others, 2013, 42 CLC (AD)

....peti­tion for leave to appeal is directed against the judgment and order dated 21-7-2011 passed by the High Court Division in Writ Petition No.6385 of 2010 discharging the Rule. 2. The facts relevant for the purpose of disposal of this civil petition for leave to appeal, in a nutshell, are:......he auction sale shall be deemed to have become absolute. The impugned judgment delivered by the High Court Division is set-aside. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 98. ...... ......he auction sale shall be deemed to have become absolute. The impugned judgment delivered by the High Court Division is set-aside. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 98. ..

Category: Civil Law | Date: 17 Nov, 2013 | Hits: 17

Golam Sarwar Vs. Commissioner of Taxes, 2013, 42 CLC (HCD)

....port were lawful. Therefore, the Tribunal was legally justified in confirming the assessment orders as well as the common order of the AJCT. The questions raised in these reference applications are irrelevant, untenable, without basis and related to determina­tion of questions of facts and, as s......ke necessary steps under section 161(2) of the Income Tax Ordinance, 1984. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 350; 2 CLR (HCD) (2014) 301; 23 Karadalat (HCD) (2014) 15 ...... Golam Sarwar......................Appellant VS. Commissioner of Taxes....................Respondent Judgment November 14, 2013 Result: No answers to questions (b) and (c). The appeals are remanded to the Tribunal to decide part of question (a) in the light o......ke necessary steps under section 161(2) of the Income Tax Ordinance, 1984. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 350; 2 CLR (HCD) (2014) 301; 23 Karadalat (HCD) (2014) 15 ..

Category: Fiscal/Taxation Law | Date: 14 Nov, 2013 | Hits: 4

AKM Mosharraf Hossain Vs. State & another, 2013, 41 CLC (HCD)

....rruption Act, 1947 and sentencing him to suffer simple imprisonment for 3(three) years and also to pay a fine of Taka 6,00,000, in default to suffer SI for 6(six) months more. 2.  The fact, relevant for disposal of this appeal may briefly be stated as follows. 3. One MA Mannan an Offi......appellant to with­draw such salary as per his requisition. He further deposed that the investigating officer rushed to their office and made a search and prepared the seizure list of the relevant papers and he put his signature on it which has been marked as Exhibit 7 series. He also identified ......- Hasanuddin Sarker Vs. State, 34 DLR 287; Kazi Ahammad Bazlul Karim Vs. State, 11 BLC 60; Abdul Bari Vs. State, 3 BLC 474; Habibur Rahman Mollah Vs. State, 61 DLR. Lawyers Involved: Khandhar Mahbub Hossain with Md. Shah Alam, Advocates—For the Appellant. Md. Abdul Hai, DAG...... thereby abused his power and ille­gally obtained pecuniary advantage. Hence, the case. 4. The informant himself investigated the case who in course of his investigation, seized the relevant documents and also recorded 161 state­ments of the witnesses. On completion of the investigation..

Category: Anti-Corruption Laws, Criminal Law | Date: 10 Oct, 2013 | Hits: 3

SM Redwan Vs. Md. Rezaul Islam and others, 2013, 42 CLC (AD)

....iminal Miscellaneous Case No.5752 of 1999 quashing the proceeding t of CR Case No.2337 of 1999 initiated on a comlplaint under section 138 of the Act. 4. In Criminal Appeal No.30 of 2004, facts; relevant for the disposal of the appeal are that the respondent No.1 (hereinafter referred to as the......he High Court Division are hereby set-aside. The concerned Courts are directed to proceed with the cases in accordance with law. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 169. ......Abdul Wahhab Miah J Hasan Foez Siddique J SM Redwan………………...............Appellant (In Criminal Appeal No.30 of 2004) Vs. Md. Rezaul Islam and others........…Respondent (In both the cases) Judgment    Octob......he High Court Division are hereby set-aside. The concerned Courts are directed to proceed with the cases in accordance with law. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 169. ..

Category: Criminal Law, Others | Date: 9 Oct, 2013 | Hits: 12

Proshanta Kumar Sarkar Vs. Managing Director, Agrani Bank Ltd Head Office and others, 2013, 42 CLC (HCD)

....can interfere with such auction sale under writ jurisdiction where a right has apparently accrued in favour of a third party auction purchaser. 15. To appreciate the question firstly raised, the relevant provisions as contained in sections 12 (3), (4), (5ক) and (6) of the Ain may be looked in......-in-opposition filed by the bank and reading out the same, Mr. F. Rabbi submits that from the face of the annexures and the language as used in the quota­tion, it is abundantly clear that all the papers and documents submitted by the bank have been fraudulently created and in fact no auction on ......tion) Present: Syed Refaat Ahmed J Mahmudul Hoque J   Proshanta Kumar Sarkar....................Petitioner Vs. Managing Director, Agrani Bank Ltd Head Office and others..........Respondents Judgment   October 8th, 2013.  Result......ion filed by the bank and reading out the same, Mr. F. Rabbi submits that from the face of the annexures and the language as used in the quota­tion, it is abundantly clear that all the papers and documents submitted by the bank have been fraudulently created and in fact no auction on the date fi..

Category: Others, Procedural Law | Date: 8 Oct, 2013 | Hits: 8

Moulana Abdul Hakim (Md.) Vs. Government of Bangladesh and others, 2013, 42 CLC (HCD)

....tate affecting the citizenry' in their contacts and dealings with the executive and its functionaries. 11. Articles 102(1) and (2)(a) (ii) (as envisages a Writ of Certiorari) for our purpose relevantly read thus: "Article 102.  Power of High Court Division to issue certain or......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 ......n (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 Result: The Rule is ......evi­dent that the impugned order presupposes a deci­sion of the Committee concerning the dismissal of the petitioner and predicated on which the impugned order appears to have been issued. No documents on record are, however, found attest­ing to such a decision being made by such Committ..

Category: Administrative Law, Constitutional Law | Date: 3 Oct, 2013 | Hits: 2