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....r one time within 2 (two) months from the date of the receipt of the copy of the order of this Hon'ble Court and /or such other or further order or orders passed as to this Court may seem fit and proper.
2. At the time of issuance of the Rule the operation of the impugned Notification No. ā......ted in: 67 DLR (HCD) (2015) 204
......not be declared to be ultra vires to the Bangladesh Civil Service Recruitment Rules, 1981 and Articles 27 and 29 of the Constitution and to have been issued without lawful authority and is of no legal effect and also as to why the respondents concerned should not be directed to issue a notifica..
Category: Constitutional Law, Employment/Service Law | Date: 9 Mar, 2014 | Hits: 3
State Vs. Arman, 2014, 43 CLC (AD)
...., there is specific bar under section 19(2) (ka) in exercising the power of granting bail without hearing the informant and that the Tribunal or Court may grant bail to an accused person on assigning proper reasons if it is satisfied that the accused is a woman or child or sick or infirm. In this ca...... period of 6 (six) months 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 ......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)
.... order positively. In the result, the rule is disposed of with direction as made above. Communicate this order at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 94 ......Ashfaqul Islam J Md. Ashraful Kamal J Amirul Islam (Md.)……………………….Petitioner Vs. Commissioner of Customs Chittagong and others.......Respondents Judgment March 5, 2014. Result: The rule is dispose...... (Determination of Value of Import Goods) Rules, 2000 following the judgment and order, dated 19-11-2012 passed by the High Court Division in writ petition No. 59 of 2012 shall not be declared illegal, without lawful authority and is of no legal effect and as to why they should not he directed ..Category: Fiscal/Taxation Law | Date: 5 Mar, 2014 | Hits: 8
SM Deen Islam Vs. Government of Bangladesh and others, 2014, 43 CLC (HCD)
.... allegations as brought against him. On 26-2-2013 the petitioner categorically explained denying the allegations so made against him. But without taking personal hearing of the petitioner and without proper inquiry and investigation as well as without hearing to the complainants who made the al......; Government of Bangladesh and others..........Respondents Judgment March, 2014. Result: Both the Rules are......spending the petitioner from the post of Chairman of Chagladaha Union Parishad, Terokhada, Khulna (Annexure-E) should not be declared to have been passed without lawful any authority and hence, of no legal effect. 3. In writ Petition No.3705 of 2013, vide Rule Nisi so issued under Article ..Category: Administrative Law, Constitutional Law | Date: 4 Mar, 2014 | Hits: 5
Hafiz Ahmed Mazumder Vs. Pubali Bank Limited, 2014, 43 CLC (HCD)
....aving denied the allegations made in the petition as regards the interpretation of the aforementioned notifications dated 22-11-2011 and 7-12-2011 and letter dated 12-2-2012, further states that on a proper construction of the aforesaid Notifications dated 7-12-2011 and 7-12-2011, any director (exce......e Referred To- Md. Mazakat Harun & Ors. Vs. Export Import Bank of Bangladesh Ltd. 32 BLD (AD) (2012) 115. Lawyers Involved: Sheikh Fazle Noor Taposh with Md. Mehedi Hasan Chowdhury and AKM Rabiul Hassan with Md. Selim Jahangif, Advocates—For the Petitioners. Aktar Imam,......paper of the petitioners from contesting the directors' election in the 30 AGM of the respondent Bank, the scrutiny committee of the Respondent No. 2, Office of the Chief Election Commissioner, illegally and unlawfully issued a notice dated 14-8-2013 holding that the petitioners were not qualifi..Category: Banking Law, Corporate Law | Date: 25 Feb, 2014 | Hits: 9
Moklesur Rahman (Md.) and another Vs. Government of Bangladesh and others, 2014, CLC (AD)
.... Artha Rin Execution Case No.560 of 2004 rejecting the application filed by them under section 57 of the Artha Rin Adalat Ain, 2003 (the Ain, 2003) for setting-aside the auction sale of the mortgaged property held on 6-10-2009 and confirming the auction sale. In the writ petition, it was stated......ourt Appellate Division (Civil) Present: Md. Muzammel Hossain CJ Md. Abdul Wahhab Miah J Hasan Foez Siddique J AHM Shamsuddin Chowdhury J Moklesur Rahman (Md.) and another....................Petitioners Vs. Government of Bangladesh and others......... under section 57 of the Artha Rin Adalat Ain 2003 and confirming the auction of the mortgaged property (annexure-J) shall not be directed (sic) to have been issued without lawful authority and is of legal effect and/or pass such other or further order or orders as to this Court may seem fit and pro..Category: Others | Date: 24 Feb, 2014 | Hits: 15
....;………..(14)
Pre-arrest bail is an extraordinary remedy, an exception to the general law of bail, can be granted only in extra-ordinary and exceptional circumstances upon proper and intelligible exercise of discretion. The allegations that the case is false or that ......Criminal)
Present:
Md. Muzammel Hossain CJ
Surendra Kumar Sinha J
Md. Abdul Wahhab Miah J
Hasan Foez Siddique J
AHM Shamsuddin Choudhury J
Durnity Daman Commission and another………………Petitioner
Vs.
Dr. Khandaker Mo......ail is obviously an extraordinary measure in that ordinarily an accused is required to pray bail from the lowest ladder of the Criminal Court with jurisdiction. In fact that is what the relevant legal scheme contemplates. When an accused invokes section 498 to use the High Court Division as the..
Category: Anti-Corruption Laws, Criminal Law, Procedural Law | Date: 24 Feb, 2014 | Hits: 52
BOC Bangladesh Ltd Vs. National Board of Revenue and others, 2014, 43 CLC (AD)
....y the High Court Division is set aside. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 372 ...... Present: Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Anwarul Haque J BOC Bangladesh Ltd................................Appellant Vs. National Board of Revenue and others..........Respondents Judgment February 19, 2014 Result: The appeal is......ecord No.4th/A(12)11/MUSAK/Value Declaration/91/91, 9-9134 dated 21-11-1992 and asked the writ-petitioner, to pay the price declaration, which has been impugned before the High Court Division to be illegal and of no lawful authority. 4. Being aggrieved by and dissatisfied with the impugned No. ..Category: Fiscal/Taxation Law | Date: 19 Feb, 2014 | Hits: 5
Aftab Uddin (Md.) Vs. Chairman, Court of Settlement and another, 2014, 43 CLC (AD)
....e judgment and order dated 19-3-1998 passed by a Division Bench of the High Court Division in Writ Petition No. 561 of 1989 discharging the Rule. 2. The facts of the case, in brief, are that the property, release whereof was sought from the 'Kha' list of the abandoned buildings publishe...... (Civil) Present: Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Aftab Uddin (Md.)......................Appellant Vs. Chairman, Court of Settlement and another ............Respondents Judgment February 19, 2014. Result: The appe......and his name has been duly mutated by the proper government authority. He submitted that Abdur Rahman was the rightful owner and in possession of the disputed property after the death of his wife and legally sold the same to the appellant, which is supported by the original papers relating to the ti..Category: Abandoned Properties Law | Date: 19 Feb, 2014 | Hits: 21
....
(II) Whether the Appellete Tribunal u/s 159(2)/35(2)/35(4) is justified in maintaining assessment framed by the DCT instead of the provision of section 35(4) in as much as the applicant maintained proper books of accounts employee regularly method of accounting and without having categorically sa......justified in maintaining assessment framed by the DCT instead of the provision of section 35(4) in as much as the applicant maintained proper books of accounts employee regularly method of accounting and without having categorically said that profit and loss could not be deduce therefrom.
(III)......ĻāĻ¨āĻāĻ¤ āĻĒā§āĻ°āĻļā§āĻ¨ āĻāĻ¤ā§āĻĨāĻžāĻĒāĻ¨ āĻāĻ°āĻž āĻšāĻā§āĻžāĻā§ āĻ¯āĻžāĻšāĻž āĻ¨āĻŋāĻŽā§āĻ¨āĻ°ā§āĻĒ;
(I) whether the Taxes Appellate Tribunal, Chittagong Bench, chittagong is legally justified for whimsically partly confirming the first appeal order passed by the Appellate A..
Category: Fiscal/Taxation Law | Date: 17 Feb, 2014 | Hits: 7
.... Suit No.70 of 2008 filed by respondent No.3, herein, Social Investment Bank Limited against respondent No.4, namely, Nurul Islam Chowdhury for realization of the outstanding loan. The mortgaged property was sold in auction for the purpose of realization of the decretal amount. At this stage, t......Present:
Md. Muzammel Hossain CJ
Md. Abdul Wahhab Miah J
Hasan Foez Siddique J
AHM Shamsuddin Chowdhury J
Gias Uddin Chowdhury (Md.) and others........................Petitioners
Vs.
Bangladesh, represented by the...... can protect his right and title in that property by filing proper suit in a proper forum."
The petition is dismissed.
Ed.
This Case is also Reported in: 66 DLR (AD) (2014) 213.
..
Category: Civil Law, Others | Date: 17 Feb, 2014 | Hits: 9
S.N. Kabir Vs. Fatema Begum and others, 2014, 43 CLC (AD)
....they are expressed in clear and unambiguous terms. The aid of preamble can only be taken when the meanings of the words to be interpreted are not clear and unambiguous. The words 'immoveable property' occurring in section 5 of the Ordinance include both agricultural and non-agricul......ent: Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Md. Anwarul Haque J S.N. Kabir...........................................Petitioner Vs. Fatema Begum and others...……………Respondents Judgment February 16, 201......, we do not find any substance in these civil petitions for leave to appeal. Accordingly, both the petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 193. ..Category: Property Law | Date: 16 Feb, 2014 | Hits: 19
Sukur Mahmood and others Vs. State, 2014, 43 CLC (AD)
....avit filed by the petitioners, the High Court Division found that the petitioners tried to impress upon that the victim of her own volition went to the brothel but that the said affidavit was neither properly exhibited nor was it filed in the trial Court and that the victim denied making any affi&sh......sain J Md. Imman Ali J Md. Anwarul Haque J Sukur Mahmood and others.......................Petitioners Vs. State..........................................d other documentary evidence do not call for interference. Accordingly, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 167. ..Category: Women and Children | Date: 13 Feb, 2014 | Hits: 21
Durnity Daman Commission Vs. Jesmin Islam and another, 2014, 43 CLC (AD)
.... Anticipatory Bail or Pre-arrest Bail is an extra-ordinary remedy and an exception to the general rule of bail which can be granted only in extra-ordinary and exceptional circumstances upon a proper and intelligent exercise of discretion. The High Court Division cannot exercise its discretio......uzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J AHM Shamsuddin Choudhury J Durnity Daman Commission.........................Petitioner Vs. Jesmin Islam and another…………….................Respondents Judgment F......04. The High Court Division exercised its discretionary power without assigning any reason whatsoever. It simply said that it found prima-facie case in favour of the accused-respondent. This is not a legal ground for exercising the power. We have repeatedly held that it is an extra-ordinary remedy a..Category: Criminal Law | Date: 10 Feb, 2014 | Hits: 4
Durnity Daman Commission Vs. Durnity Daman Commission, 2014, 43 CLC (AD)
....n is disposed of. Anticipatory Bail is an extra-ordinary remedy and an exception to the general rule of bail which can be granted only in extra-ordinary and exceptional circumstances upon a proper and intelligent exercise of discretion. The High Court Division cannot exercise its discretio......Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J AHM Shamsuddin Choudhury J Durnity Daman Commission........................Petitioner Vs. Jesmin Islam and another…………................Respondents Judgment February 1......04. The High Court Division exercised its discretionary power without assigning any reason whatsoever. It simply said that it found prima-facie case in favour of the accused-respondent. This is not a legal ground for exercising the power. We have repeatedly held that it is an extra-ordinary remedy a..Category: Criminal Law | Date: 10 Feb, 2014 | Hits: 4
Loreeto Vs. Nasreen Sobhan and another, 2014, 43 CLC (AD)
....ct, 2003. What we find from a plain reading of this section is that it is a summary remedy for getting compensation where a temporary injunction or an order of arrest or an order of attachment of the property before judgment has been made under section 94 if such prayers were made on insufficient gr......Sinha J Md. Abdul Wahhab Miah J Syed Mahmud Hossain J Md. Imman Ali J Loreeto……………........................Appellant Vs. Nasreen Sobhan and another...... ......Respondents Vs. Judgment ......f 2003 in maintaining the judgment of the High Court Division which has affirmed the decree for compensation at the rate of Taka 5,000 per day from the date of termination of the tenancy by legal notice under section 106 of the Transfer of Property Act while passing a decree for eject..Category: Civil Law | Date: 3 Feb, 2014 | Hits: 14
Selim Hossain (Md.) Vs. Shahabuddin Ahmed and others, 2014, 43 CLC (AD)
....n is a nullity and such nullity, in no way, is curable or immune from being challenged. The orders of the High Court Division declaring the proceedings and the auction sale of the mortgaged property in question held in the execution as illegal, the observation that "The auction purcha......e J AHM Shamsuddin Choudhury J Selim Hossain (Md.)...………………..............Petitioner Vs. Shahabuddin Ahmed and others .............Respondents Judgment &nb......urable or immune from being challenged. The orders of the High Court Division declaring the proceedings and the auction sale of the mortgaged property in question held in the execution as illegal, the observation that "The auction purchaser respondent No.3 will get return of the entir..Category: Civil Law | Date: 3 Feb, 2014 | Hits: 6
....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..................ecognized that the economic expediencies lack adjudicative decision and unless the economic decision, based on economic expediencies, is demonstrated to be so violative of constitutional or legal limits.
The court should not ordinarily interfere with policy decisions, unless clea..
Category: Administrative Law, Employment/Service Law | Date: 2 Feb, 2014 | Hits: 9
Shafique Ahmed Vs. Md. Abdul Latif Bhuiyan, 2014, 43 CLC (HCD)
....ior Assistant Judge, 4 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 fo...... 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
.... the fundamental rights guaranteed under Articles 26(1)(2), 27 and 31 of the Constitution (annexure-"A”) and/or pass such other or further order or orders as to this court may seem fit and proper".
2. The averments figured in the writ petition, in generating, are as follows......ported in: 67 DLR (HCD) (2015) 191
...... constraint on individual and institutional behaviour; (hence) the principle whereby all members of a society (including those in government) are considered equally subject to publicly disclosed legal codes and processes.
15. In 1607, English Chief Justice Sir Edward Coke said in the Case ..
Category: Anti-Corruption Laws | Date: 30 Jan, 2014 | Hits: 5
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