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Commissioner of Taxes, Dhaka Vs. MA Hossain & Co., 1992, 21 CLC (HCD)
.... barred by Limitation. Mere communication of the order passed by the AJCT to the DCT is not enough. The order is also to be communicated to the Commissioner under sub‑section (5) of s. 156 which is mandatory. Therefore, the expression "is communicated to the assesses or to the Commissioner," in ou......cting the appeal on the ground of limitation we answer the question in the negative. The parties are to bear their own costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 282...Category: Procedural Law | Date: | Hits: 103
Abdul Khaleque Vs. Court of Settlement and others, 1991, 20 CLC (HCD)
....lawful authority and the same are of no legal effect. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 273.......s. 5. It is argued by Mr. MI. Farooqui, the learned Advocate for the petitioner that the judgment and order of the Court of Settlement is highly erroneous and stands in direct conflict with the provisions of law, and as such the same is not sustainable in law. He also argued that in considerin..Category: Property Law | Date: | Hits: 90
Abdul Kabir Vs. State, 1998, 27 CLC (HCD)
....sh the proceedings of that case. In the result, the Rule is discharged. Communicate the order to the Magistrate concerned at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 306. ......ure for quashing the proceedings of the said case on the ground that an FIR lodged under section 4(1) and section 5(1) of Anti-Corruption Act, 1957 against a private person is not maintainable as the provisions of these sections have no manner of application against a private person. 3. From the ..Category: Criminal Law | Date: | Hits: 109
Rustom Ali (Md.) Matubbar alias Alam Vs. Mohammad Salahuddin and another, 1998, 50 CLC (HCD)
....the Rule is devoid of substance and the same, thus, fails. In the result, the Rule is discharged. Order of stay stands vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 301. ......e criminal proceeding against the petitioner is an abuse of the process of the Court and the same is liable to be quashed. 10. To appreciate the contentions raised it will be useful to examine the provisions contained in section 561A of the Code of Criminal Procedure. Section 561A of the Code pro..Category: Criminal Law | Date: | Hits: 112
MJL Bangladesh Ltd. Vs. Commissioner, Customs Excise and VAT and others, 2010, 39 CLC (HCD)
....ng certificate from the respondents duly registered in the new name of the petitioner-company. This is a condition precedent. A combined reading of the aforesaid provisions supports and fortifies the mandatory requirements of the Rule 12(1) of the VAT Rule. From Annexure-'E' to the petition it could......ether in terms of Rule 12(1) of the VAT Rule, 1991, clearing of outstanding dues for registering new name of the company is a condition precedent, if the said Rule is analyzed in the context of other provisions of the VAT Act, 1991. 10. We have heard the learned Counsel and learned Assistant Atto..Category: Fiscal/Taxation Law | Date: | Hits: 269
Nuru Miah and others Vs. State, 2011, 40 CLC (HCD)
....he case of Alauddin Khan Pathan Vs. State, reported in 19 BLD 74 refers by the learned Advocate for the Appellants, it has been held that; "The judicial consensus is that the requirements of the mandatory provisions of section 164(3) of the Code of Criminal Procedure are to be strictly complied...... Alauddin Khan Pathan Vs. State, reported in 19 BLD 74 refers by the learned Advocate for the Appellants, it has been held that; "The judicial consensus is that the requirements of the mandatory provisions of section 164(3) of the Code of Criminal Procedure are to be strictly complied with befo..Category: Criminal Law | Date: | Hits: 112
Abdul Jalil & other Vs. Islami Bank Bangladesh Ltd. and others, 2011, 40 CLC (AD)
....the application under Order VII, rule 11 of the Code of Civil Procedure. In the circumstances allowing the suit to proceed will not only be abuse of process of Court, but it will also be defence of mandatory provision of section 11 of the Code of Civil Procedure. This provision of law clearly bars......th the impugned judgment of the High Court Division. In the result, the appeal is dismissed on contest without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 107...Category: Procedural Law | Date: | Hits: 108
Major (Retd.) M Khairuzzaman Vs. State, 1997, 26 CLC (HCD)
....tioner in the Dhaka Central Jail as under-trial prisoner in connection with Lalbagh PS Case No.11(11)75 till the disposal of that case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 283.......e and the treatment he needed is not available inside the jail. Due to prolonged detention the condition of his health has been deteriorating and he is being kept in custody in gross violation of the provisions of Jail Code and Human Rights. The petitioner applied on a number of times, to the Chief ..Category: Criminal Law | Date: | Hits: 105
Salma Islam Vs. Parveen Banu & others, 1997, 26 CLC (HCD)
....sult, the appeal is dismissed without any order as to costs. The connected Civil Rule No. 208(f) of 1985 is accordingly disposed of. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 280.......payable by the defendant-respondents, it is necessary to refer to clause 23 of the standard lease agreement of DIT at page 222 of the paper book, part-II which reads as under: "23. That subject to provisions of Clause 22 of these presents the LESSEE may, after full payment of the total premium ha..Category: Property Law | Date: | Hits: 144
Ansarul Hoque Vs. Agrani Bank, 1997, 26 CLC (HCD)
.... of with a direction to return the plaints to the petitioners or their learned Advocates for presenting the same to the District Court. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 263.......ons in the plaint shall be deemed to be admitted and the plaintiff shall be entitled to a decree- (a) for the principal sum due on the instrument and for interest calculated in accordance with the provisions of section 79 or section 80, as the case may be, of the Negotiable Instruments Act, 1881,..Category: Procedural Law | Date: | Hits: 92
Mahbub Alam Vs. Commissioner, Customs, Excise and VAT, Sylhet and others, 2010, 39 CLC (HCD)
....dgment and order to the Special Tribunal concerned for necessary action and the Respondent No.1 for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 395. ......thus it is liable to be declared to have been done without lawful authority and is of no legal effect. He further submits that the Customs Authority has also started a Seizure Case under the relevant provisions of the Customs Act, 1969 which must be disposed of in accordance with law and a direction..Category: Fiscal/Taxation Law | Date: | Hits: 177
Solaiman (Md.) Vs. State and another, 2010, 39 CLC (HCD)
....ment of the amount of the dishonoured cheques and as such, the case was filed before cause of action has arisen. Thus, he submits that the proceeding of the CR case has been initiated in violation of mandatory time limits prescribed under sections 138 and 141 of the Act and the continuation of the p......ection with the Rule stands vacated. Send a copy of this Judgment and order to the Court below for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 385...Category: Criminal Law | Date: | Hits: 75
Amanullah (Md.) Vs. State and another, 2010, 39 CLC (HCD)
....found any ground and materials on record and that a Sub-Inspector of the police recorded the statements of some witnesses under section 161 of the Code of Criminal Procedure which is violation of the mandatory provision of section 20 of the Anti-Corruption Commission Act and that no inquiry held in ...... innocent and that he has been falsely implicated in this case and that the first information report did not disclose any offence of section 165A of the Penal Code and that no inquiry was held as per provisions of Anti-Corruption Commission Rules and that the investigation of the case was not held a..Category: Criminal Law | Date: | Hits: 84
Rafiqul Islam Vs. State and another, 2009, 38 CLC (HCD)
....g is hereby quashed. Communicate the order to the Court of the learned Additional Metropolitan Sessions Judge, Chittagong, forthwith. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 377. ......ite party No.2 complainant on the other hand submits that the chief Metropolitan Magistrate took cognizance of the offence on the basis of complain-petition which had not filed in accordance with the provisions of the Negotiable Instruments Act; that the case was initiated on 24-7-2007 after the exp..Category: Civil Law | Date: | Hits: 150
Mahboob Uddin Ahmed Vs. Bangladesh Election Commissioner, and others, 1998, 27 CLC (HCD)
....ught to intercept the progress of the by-election by invoking the writ jurisdiction of this Court. 10. Mr. AF Hasan Ariff, the learned Advocate for the petitioner, submits that irrespective of the mandatory nature of Article 123(4) of the Constitution the same has been overridden by Article 125 b...... of the President’s Order 155 of 1972 starting with Article 49 and ending with Article 72 deals with election dispute and provide law for different stages of Parliamentary Election. Therefore these provisions are required to be read with Article 125 of the Constitution dealing, among others, with ..Category: Election Law | Date: | Hits: 162
Jiban Bima Corporation Vs. Mustafa Hussain & another, 1997, 26 CLC (HCD)
....Law Court is therefore merely tentative in nature so long it is not reviewed and an accused cannot be said to have derived any vested right from such order pending review and Regulation 3(2)(3) makes mandatory that all orders passed by Martial Law Court be reviewed. Considering the materials on r......ential relief. The learned Advocate also submitted that the decree as passed being unenforceable is a nullity. 4. Mr. Nurullah in elaborating his submissions on the dismissal order referred to the provisions of the Government Servants (Discipline and Appeal) Rules, 1976 which is also applicable f..Category: Employment/Service Law | Date: | Hits: 182
Syed Wali Mohammad Salehuddin, 1990, 19 CLC (HCD)
....further order as to costs. The assistance given by Mr. Ahmed Nurur Reza and Mr. Saidur Rahman at the time of hearing is appreciated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 268.......nstant case the pertinent question would be whether sale of properties which are trust properties can be directed by this Court under section 28 of the Administrator General's Act, 1913, or under the provisions of the general law of the land, if not specially given so by the trust instrument. It has..Category: Trust/Waqf Law | Date: | Hits: 166
....eason to quash the judgment and order impeached in this writ petition.
The result is: we discharge the Rule. No order as to costs.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 265.
......ctions 3 and 5 to 8 of the Ordinance. Secondly, sections 2(9) and 2(10) read with section 7(8) of the Motor Vehicles Ordinance, 1983 not having designated a driver as "Truck Driver" and as in view of provisions of section 2 (15) (9) (22‑27) of the Motor Vehicles Ordinance no driving licence can be..
Category: Labour and Industrial Law | Date: | Hits: 171
Rehana Ahmed and others Vs. Nahar Shipping Lines Limited, 1990, 19 CLC (HCD)
....pplication is dismissed, but without any order as to costs. The restrictive orders and undertaking passed and given are hereby vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 256.......nd the 7th Annual General Meeting held on 31.12.87, 8th Annual General Meeting held on 26.1.88 and 9th Annual General Meeting held on 31.12.89. It is stated that though the notices were issued as per provisions of Articles of Association, the petitioner Nos.1 and 2 willfully and with mala fide inten..Category: Company Law | Date: | Hits: 233
Haji Hafez Md. Shamsul Islam Vs. Abdul Mabud & others, 1989, 18 CLC (HCD)
....lt, this appeal is allowed. The order complained of is set aside. Let the G.R. Case No.251 of 1987 do proceed in accordance with law. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 321. ......t was issued and so one of the conditions necessary for application of the said section is absent. Before amendment of the Code of Criminal Procedure by Ordinance No.XXIV of 1982 there were different provisions for trial of summons cases and warrant cases. Chapter XX was for trial of summons cases a..Category: Procedural Law | Date: | Hits: 85
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