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Asad Ali (Md.) and another Vs. Golam Sarwar and others, 2014, 43 CLC (AD)
....sion and also that of the appellate Court below are set-aside and the case for pre-emption be dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 315. ......inst the second party of that sole decree for permanent injunction and in that suit both the parties categorically admitted about the sole decree and also about their right, title and possession according to that sole decree since passing of that sole decree. The learned Counsel has argued......only even if the original holding/tenancy remains intact and there is no division or separation of tenancy. Section 24 of the Non-Agricultural Tenancy Act has given the right of pre-emption to the co-sharer tenants of the non-agricultural land while section 96 of the State Acquisition and ......as no proof that the land of the original khatian was partitioned by metes and bounds among its co-sharers. The learned Counsel has argued also that the High Court Division committed serious error of law also in holding that since there was no division of the holding by creating new tenancy and sepa..Category: Civil Law, Property Law | Date: 14 May, 2014 | Hits: 7
Bangladesh Rural Advancement Committee (BRAC) VS. The Commissioner of Taxes, 2014, 43 CLC (HCD)
.... Bangladesh is directed to take necessary steps under section 161(2) of the Income Tax Ordinance, 1984. S. H. Md. Nurul Huda Jaigirdar J.- I agree. Ed. This case is also Reported in: ...... Bangladesh is directed to take necessary steps under section 161(2) of the Income Tax Ordinance, 1984. S. H. Md. Nurul Huda Jaigirdar J.- I agree. Ed. This case is also Reported in: ......er section 161(2) of the Income Tax Ordinance, 1984. S. H. Md. Nurul Huda Jaigirdar J.- I agree. Ed. This case is also Reported in: ......come from Self Financing Social Development Projects cannot be set off with carry forward losses as against the income from other heads; that similarly, incomes from social developments projects were lawfully treated as taxable income of the assessee; that the questions raised by the assessee-applic..Category: Fiscal/Taxation Law | Date: 12 May, 2014 | Hits: 5
Nurul Hoq Bhuiyan Vs. Momtazul Islam and others, 2014, 43 CLC (HCD)
.... separate saham for 4.42 acres of land. In the circumstances both these two Civil Petition for Leave to Appeal be dismissed. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 51. ......al gift of 4.30 ½ acres of land out of their share to Abdul Gafur Bhuiyan and subsequently these 3 full brothers made a registered deed of partition on 16-5-1935 among themselves and according to that partition deed Ibrahim Bhuiyan got 6.67½ acres of land, the defendant No.1 ................................Petitioner Vs. Momtazul Islam and others.........................Respondents Judgment May 12, 2014 Result: The petitions are to be dismissed. Where there are ample facts and circumstance before the Court as pointed out i......yan. The contention of the learned Counsel for the plaintiff-petitioner is that this partition deed dated 16-5-1935 the exhibit-Kha has not been proved and taken into evidence in accordance with law and, as such, the Courts below committed illegality in putting reliance on this partition deed t..Category: Property Law | Date: 12 May, 2014 | Hits: 6
Bangladesh Rural Advancement Committee (BRAC) Vs. Commissioner of Taxes, 2014, 43 CLC (HCD)
....ngladesh is directed to take necessary steps under section 161(2) of the Income Tax Ordinance, 1984. S. H. Md. Nurul Huda Jaigirdar J.- I agree. This Case is also Reported in: ......ngladesh is directed to take necessary steps under section 161(2) of the Income Tax Ordinance, 1984. S. H. Md. Nurul Huda Jaigirdar J.- I agree. This Case is also Reported in: ......ection 161(2) of the Income Tax Ordinance, 1984. S. H. Md. Nurul Huda Jaigirdar J.- I agree. This Case is also Reported in: ......come from Self Financing Social Development Projects cannot be set off with carry forward losses as against the income from other heads; that similarly, incomes from social developments projects were lawfully treated as taxable income of the assessee; that the questions raised by the assessee-applic..Category: Fiscal/Taxation Law | Date: 12 May, 2014 | Hits: 5
Abdul Hamid (Ujir) Vs. State and others, 2014, 43 CLC (HCD)
....ory of refusal with an undertaking in her petition of complaint, as such, the initiation and continuation of the instant proceeding is a sheer abuse of process of the Court and to secure ends to justice the continuation of the proceeding is liable to be quashed. 8. We heard the learned Adv...... Nirjatan Damon Tribunal, Habigonj is hereby quashed. Send a copy of this judgment to the concerned Court immediately. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 154 ...... Result: The Rule is made absolute. Section 27 transpires that a person who has complaint under the provision of the Nari-o-Shishu Nirjatan Daman Ain, 2000 must go the local police station to lodge the First Information Report in the first phose and if the complainant has been refuse......gistrate or a person who is being entrusted by the said Tribunal to submit a report within 7 (seven) days. But in the present case the Tribunal without complying with the stipulated provision of law as contemplated in section 27 of the said Ain most illegally took cognizance against the ac..Category: Criminal Law, Women and Children | Date: 8 May, 2014 | Hits: 5
State Vs. Faisal Morshed Khan and another, 2014, 43 CLC (AD)
....ccordingly, both the criminal petitions for leave to appeal are dismissed with the observation made in the body of the judgment. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 236. ......ccordingly, both the criminal petitions for leave to appeal are dismissed with the observation made in the body of the judgment. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 236. ......5, 2014. Result: Both the petitions for leave to appeal are dismissed. Cases Referred to- Mohiuddin Khan Alamgir Vs. Anti-Corruption Com......t for 1(one) year more and confiscating of the respondent's property worth Taka 1,66,13,758.43 to the State. 3. These two criminal petitions for leave to appeal involving similar question of law and fact between the same parties have been heard together and are being disposed of by this com..Category: Anti-Corruption Laws | Date: 5 May, 2014 | Hits: 8
Md. Abul Bashar Vs. Government of Bangladesh, 2014, 43 CLC (HCD)
....upra) where the Court appears to have seen the power in a wider perspective and observed that the Government can so act even without notice to the Nikah Registrar and neither the principle of natural justice nor the question of vested right can be called in aid to qualify, impair or circumscribe the......er along with others came out successful in the examination. He was entitled to preference over others as per law as a son of the preceding Nikah Registrar of the Union. On 07.02.2008 Respondent No.2 accordingly issued a letter addressing Respondent No.3 recommending the name of the petitioner for a......e and Parliamentary Affairs, Bangladesh Secretariat, Ramna, Dhaka and others……Respondents Judgment May 4, 2014 Result: The Rule is made absolute. Cases Referred to- Mlv Md. Abdul Khiurshid Alam Vs.Bangladesh & others, 50 DLR (AD) 82; Maulana Kazi Moham...... Nikah Registrar in No.7, Bhadra Union Nagarpur, Tangail in violation of Rule 13(Uma) of the Muslim Marriages and Divorces (Registration) Rules, 2009 shall not be declared to have been passed without lawful authority and is of no legal effect. 2. The petitioner is a citizen of Bangladesh having..Category: Administrative Law, Constitutional Law | Date: 4 May, 2014 | Hits: 5
....ion in that respect.
In view of the above, we find no merit in the leave petition.
Accordingly, the same is dismissed.
Ed.
This Case is also Reported in: 20 BLC (AD) (2015) 138.
......ven upon them to consider the case of his promotion in the post of Deputy Director (Textile), Physical Testing Wing, from the present post of Assistant Director (Textile), Physical Testing Wing, according to the common seniority list published in 1998 as per the conditions of service under......138.
......um, who is more than 4(four) years junior to the writ-petitioner, again by superseding him. In the circumstances, the writ-petitioner finding no other equally efficacious remedy provided by law filed the writ petition and obtained the Rule Nisi.
5. Writ-Respondent Nos.2 and 3 and adde..
Category: Employment/Service Law | Date: 4 May, 2014 | Hits: 7
Ayub Hossain Khan (Md.) Vs. Bangladesh and others, 2014, 43 CLC (AD)
....earned Senior Advocate for the petitioner, proffered before us that the High Court Division misdirected themselves by failing to recognise that (1) failure to adhere to the principles of natural justice steered the authoritie’' move to a nullity (2) the doctrine of estoppel stood......ter of the decision making body, the kind of decision it has to make and the statutory or other framework in which it operates." (Lloyd Vs. Me Maheri 1987 AC 625). 44. Lord Denning MR, who, according to Lord Devlin, nurtured the conception that justice is above the Law (Lord Devlin's F......uman Rights and peace for Bangladesh [In Civil Petition 1902 of 2011]……..Respondent Judgment May 4, 2014. Result: Both the appeals are dismissed. Cases Referred to- Dulichand Omraolal Vs. Bangladesh, 33 DLR (AD) 30; Mofazzal Hossain Vs. Bangladesh, 43 DLR ......e promise, yet, instead, the respondents have served the impugned notice dated 22 June, 2009 asking the petitioner to surrender possession of the subject property and had, thereby, acted without lawful authority. 9. The respondent No.4 in the aforementioned Writ Petition, in his ..Category: Civil Law, Property Law | Date: 4 May, 2014 | Hits: 20
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 ......e request of the defendant Nos. 1-5, their constituted attorney defendant No. 18 executed a fresh deed of agreement for sale on 4-10-2009 fixing the price of the schedule land at Taka 2,20,00,000 and accordingly received a sum of Taka 30,00,000 from the plaintiff. Thus the defendant Nos. 1-5 receive......en question of rejection of a plaint would arise. A plaint with disclosure a cause of action, then the questions whether that cause of action was actually present, whether it was sufficient to file the suit etc., being question of fact cannot be decided at the initial stage and can be deci...... clear as the daylight, the suit should be buried at its inception by rejecting the plaint by invoking inherent powers of the Court. ...(43) Question of limitation being a mixed question of law and facts, should be decided at the time of trial on taking evidence.......(40) Case Referr..Category: Civil Law, Procedural Law | Date: 30 Apr, 2014 | Hits: 6
Parul Nath and others Vs. State, 2014, 43 CLC (AD)
....n being infructuous………………… (27) It a fit case to exercise the power vested in this Court under article 104 of the Constitution for doing complete justice in the matter by modifying the directions given by the Tribunal, the High Court Divisio......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. ........................................................Respondent Judgment April 27, 2014. Result: The leave petition is disposed of on terms. Case Referred to- Gannysons Ltd Vs. Sonali Bank, 37 DLR (AD) 42. Lawyers Involved: Abdullah-al-Mamu...... disputed claims, because most of the serial numbers are fictitibus; the disputed claims of the mortgagors should be properly verified by auditors, because most of the claims are not genuine and lawfully tenable; proper accounts must be made of all time barred seized gold, as per pawnbroke..Category: Criminal Law, Property Law | Date: 27 Apr, 2014 | Hits: 8
Pubali Bank Limited Vs. Commissioner of Taxes, 2014, 43 CLC (HCD)
....ngladesh, is directed to take necessary steps under Section 161(2) of the Income Tax Ordinance, 1984. S. H. Md. Nurul Huda Jaigirdar J: I agree. This Case is also Reported in: ......ngladesh, is directed to take necessary steps under Section 161(2) of the Income Tax Ordinance, 1984. S. H. Md. Nurul Huda Jaigirdar J: I agree. This Case is also Reported in: ......Section 161(2) of the Income Tax Ordinance, 1984. S. H. Md. Nurul Huda Jaigirdar J: I agree. This Case is also Reported in: ...... interest thereon as per provision under section 29(1)(xviiiaa) of the Ordinance, which must not exceed the amount of Bangladesh Bank’s classified loan; that the order passed by the Tribunal is lawful and so, the reference application has no merit. 7. Mr. A. S. M. Abdur Razzaque, the lear..Category: Fiscal/Taxation Law | Date: 27 Apr, 2014 | Hits: 6
Chittagong Steel Mills Ltd and another Vs. MEC, Dhaka & others, 2014, 43 CLC (AD)
....ated 11-12-94" is without any evidence or basis or papers in support of such finding and said quotation was made without perusing the lower Court records and, as such, there was a miscarriage of justice and hence, the impugned judgment of the High Court Division is not sustainable in law and is......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. ........Appellants Vs. MEC, Dhaka & others .......................................Respondents Judgment April 23, 2014. Result: The appeal is dismissed. Cases Referred to- WAPDA Vs. Khanzada Md. Abdul Haque Khan Khattak and Company, PLD 1990 SC 359. Lawyers ......re, the Cross Appeal No.5/2001 filed by the respondent praying for interest on the award amount, which was not allowed either by the Arbitrators nor by the Court below, was misconceived, untenable in law and outside the scope of section 39 of the Arbitration Act, 1940 and hence, the said Cross Appea..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: ......ল না। বিচারপতি মোঃ ইমদাদুল হক আজাদ.- আমি একমত হইলাম। Ed. This Case is also Reported in: ...... মতামত প্রার্থণা করিয়াছেন; I. Whether, on the facts, and in the circumstance of the case, the learned Taxes Appellate Tribunal was legally justified to reduce/confirm the order of the Commissioner of Taxes (Appeals) regarding disallowance’s un......o estimation under section 35(4) of the Ordinance and thereby both of them acted illegally and that illegal order has been mechanically affirmed by the Appellate Tribunal which cannot be sustained in law. ২৫। উপরোক্ত মোকাদ্দমাসমূহ ব্যতীত..Category: Fiscal/Taxation Law | Date: 22 Apr, 2014 | Hits: 4
Ibrahim Vs. State, 2014, 43 CLC (HCD)
....consideration…………..(39) Evidence of Solitary Witness Calls for Corroboration as s Rule of Prudence. It is absolutely necessary for the interest of justice that at least the victim's statement must be in conformity with the probability and in a......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 ......positive evidence, (2970 P Criminal LJ 166)….53 Credibility of witness whether oral and circumstantial, credibility of testimony depends considerably on a judicial evaluation of the totality, not isolated scrutiny. When dealing with the serious question of guilt or innoce......ree situated at the north-east corner of her dwelling hut. At then, accused hurled acid upon her from the back causing burn injuries to her head, face, shoulder, chest and back. On her alarm, in-laws including locals rushed to the scene to whom she disclosed the facts. Then she was taken to Pal..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. ......Learned Senior Assistant Judge, Pabna on consideration of depositions of the witnesses find that the witnesses of plaintiffs are not reliable and also found that exhibit filed by the plaintiffs, according to the learned Judge, are not genuine. Learned Judge also found that Sarnamoyee Dashya, da......pril 6, 2014. Result: The rule is made absolute. Presumptive value of 30 years old documents It is true but contents of the exhibits 3 and 2 series being 30 years old are required to be proved. Learned Judge being final Court of fact has jurisdiction under section 107 of the Code......s of the exhibits 3 and 2 series being 30 years old are required to be proved. Learned Judge being final Court of fact has jurisdiction under section 107 of the Code of Civil Procedure to decide this law point by reference to the exhibits. Although documents produced by the plaintiffs are ..Category: Property Law | Date: 6 Apr, 2014 | Hits: 9
State Vs. Shajahan Bepari and others, 2014, 43 CLC (HCD)
....ing to conclude the trial within the specified period as provided under the law but due to the non-cooperation of the opposite parties the time limit ran out. Thirdly: In order to secure ends of justice the case is required to be revived. 7. No one appears on behalf of the accused opposite......n the case of Md. Aslam Vs. State 19 DLR (SC) 242 in the following words: " ...... When the law is altered during the pendency of an action, the rights of the parties are to be decided according to the law as it existed when the action was begun, unless the new statute shows a clear i......dgment April 3, 2014. Result: The Rule is made absolute. Purpose of Section 339C— Speedy Trial Court— The whole purpose of un-amended section 339C of the Code was to whip up the prosecution and to make the trial Court more active so as not to delay the trial......ass time for the trial as contemplated under section 339C(4) of the Code. Secondly: The State was always ready and willing to conclude the trial within the specified period as provided under the law but due to the non-cooperation of the opposite parties the time limit ran out. Thirdly: In ..Category: Criminal Law, Procedural Law | Date: 3 Apr, 2014 | Hits: 3
AZM Tajul Islam vs. Government of Bangladesh and others, 2014, 43 CLC (HCD)
....is Mujibur Rahman Vs. Bangladesh, 44 DLR (AD) 111 was observed inter alia that: .........Within its jurisdiction the Tribunal can strike down an order for violation of principles of natural justice as well as for infringement of fundamental rights, guaranteed by the Constitution, or of any......y for disposal of the Rule, as has been stated by the petitioner, in short, is that 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 be........................Petitioner Vs. Government of Bangladesh and others.............Respondents Judgment April 3, 2014 Result: The Rule is made absolute. Case Referred to- Bangladesh Vs. Shafiuddin, 50 DLR (AD) 27; Delwar Hossain Mia (Md.) Vs. Bangladesh, 52 DLR ...... J.- The instant Rule was issued on 24-10-2013 calling upon the respondents to show cause as to why the impugned Memo dated 9-10-2013 (annexure-H) shall not be declared to have been made without lawful authority and is of no legal effect, and why they shall not be directed to promote the petiti..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. ......was a monthly temporary tenant under defendant No.2 in a shop house and in the year 1969 and when defendant No.2 wanted to sell his RS Plot No.165, defendant No.1 agreed to purchase the same and accordingly, defendant No.2 executed a bainapatra dated 16-12-1969 in favour of defendant No.1receiv......llip;…..................Petitioners Vs. Osi Mia alias Osi Mia Sawdagar....................Respondents Judgment March 9, 2014. Result: The civil petition for leave to appeal is dismissed. To prove the possession Plaintiff did not have any possession in s......erial statements made in the plaint. His case, in short, is that the suit is not maintainable in its present form and manner, which is not properly valued and adequately stamped and is barred by law of limitation. Defendant No.1was a monthly temporary tenant under defendant No.2 in a shop ..Category: Property Law | Date: 19 Mar, 2014 | Hits: 15
....dated 18-4-2011, payment of salaries and other benefits but the respondents did not pay heed to any of the applications. As a last resort the petitioner served a notice upon the respondents demanding justice through her engaged Advocate requesting them to withdraw /rescind the office orders dated 18......itioner by forming an inquiry committee by the Amada Maddomik Biddaloya authority and after inquiry the committee found that the testimonial which has been submitted by the petitioner was correct and accordingly the committee submitted a report on 3-5-2011 before the Headmaster of the school and the..........Respondents
Judgment
March 13, 2014.
Result:
The Rule is made absolute
Constitution of Bangladesh, 1972; Article 102(2)
The nature of order stopping salary, allowances and keeping off the indicted employee from duty is unheard of and not kno......made absolute
Constitution of Bangladesh, 1972; Article 102(2)
The nature of order stopping salary, allowances and keeping off the indicted employee from duty is unheard of and not known to law. Law provides entitlement of allowance to the public servants or employees of other public bodie..
Category: Constitutional Law, Employment/Service Law | Date: 13 Mar, 2014 | Hits: 6
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