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....tition No. 2645 of 2007.
Judgment
AFM Abdur Rahman J.- This Rule Nisi, issued on 24.04.2005, has called upon the respondents to show cause as to why the Memo No. Bapam/Shah:-Ba/BC/Cell-34/96/47 dated 05.3.2005, issued by the Respondent No.2, Annexure-F, cancelling the permission to transfer th......spondent No.2 most arbitrarily and illegally rescind the earlier 'No-objection' in respect of transfer of shares of Taj Jute Backing Company in favour of the writ petitioner without serving any prior notice upon the petitioner, violating the principle of natural justice. Prior to such rescission of ......tem' is applicable in the administrative as well as in the judicial or quasi-judiÂcial proceedings …………………………(26)
Unless a person holds a right he can not claim to be heard before the same is infringed by any action either judicial or administrative……………………â€..
Category: Administrative Law | Date: | Hits: 299
....Fazlul Haque, Advocate - For the petitioner.
Dr. Rafiqur Rahman, Advocate - For the Opposite Parties.
Civil Revision No.4255 of 1997.
Judgment
Md. Mamtaz Uddin Ahmed J.- Counter affidavit dated 26.8.2009 and Supplementary affidavit dated 12.11.2009 be kept with the record.
2. The Rule......ch the properties of the deities were handed over to defendant No.19 to be kept at his homestead for safety and for regular Sheba-Puja. Hindu people of the locality had met on 23.5.1972 by a previous notice and they formed a working committee and in the said meeting defendant No.17 and 18 were nomin......wing the appeal and setting aside the judgment and decree dated 23.9.1995 and 30.9.1995 respectively passed by the learned Assistant Judge, Biswanath, Sylhet in Suit No.49 of 1994 dismissing the suit for declaration of title should not be set aside and/or pass such other order or further orders as t..
Category: Property Law | Date: | Hits: 102
Allama Delawar Hossain Sayedee Vs. Bangladesh, and others, 2009, 38 CLC (HCD)
....nt is allowed to restrict a person from going abroad at its discretion simply because he is going to make propaganda against Government policy or because he may be required to stand trial at a future date, then Article 36 will become nugatory. The Supreme Court being the Guardian of the Constitution......d the respondents are hereby directed to allow the Petitioner to leave and re-enter Bangladesh. There will be no order as to cost. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 188. ......titioner to leave and re-enter Bangladesh. There will be no order as to cost. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 188. ..Category: Constitutional Law | Date: | Hits: 147
Mirja @ Mizan Vs. State, 2007, 36 CLC (HCD)
....iah, Assistant Attorney-General - For the State. Criminal Appeal No.3778 of 2005. Judgment Md. Abdul Hye J.- This appeal is directed against the judgment and order of conviction and sentence dated 30.07.2005 passed by learned special Tribunal No.17, Dhaka, in Special Tribunal Case No.243 of......on and sentence dated 30.07.2005 is set aside only as regards accused appellant Mirza alias Mizan. Send down the copy of judgment. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 256. ......May 8, 2007. Result: The appeal is allowed. The Arms Act, 1878 (Act No. XI of 1878); Section 19A and (f) Mere knowledge about any arms and ammunition is not enough to make someone liable for conviction under Section 19A and (f) of the Arms Act. The accused must have control and possessi..Category: Criminal Law | Date: | Hits: 65
Rezia Khatun Chowdhurani and others Vs. Shamir Kumar Chowdhury and others, 2008, 37 CLC (HCD)
....aintiff on account of expenses for arranging a valid employment voucher in the United Kingdom for Samir Kumar Chowdhury, a passport, air ticket, etc. for UK to be procured within five months from the date of execution of the deed and the balance consideration of amount of Taka 11,000 would be paid a......erty would be delivered on that day. Samir Kumar Chowdhury put necessary signatures for obtaining income tax clearance certificate. In the meantime, the then Sub-Divisional Officer, Hobigonj issued a notice for acquisition of the suit property under the Defence of Pakistan Rules and evicted the plai...... Shamir Kumar Chowdhury and others………………. Opposite Parties Judgment December 17, 2008. Result: These Rules are discharged without any order as to costs. Specific performance of contract Where a party seeks to enforce specific performance of contract, the Court m..Category: Civil Law | Date: | Hits: 138
Nasirullah and another Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
....ittagong highway where a wholesale market for vegetables has been functioning. Plot No. 5003 is contiguous to plot No. 4805. All of a sudden, the petitioner came to know about the service of a notice dated 12-7-2007 under the signature of respondent No. 6 on behalf of respondent No. 7 under section ......n No. 3071 of 2008 is discharged without any order as to costs. The Acquisition and Requisition of Immovable Property Ordinance, 1982 (Ordinance No. II of 1982); section 3 Under section 3, the notice is required to be published at convenient places on or near the property in the prescribed fo......n of Immovable Property Ordinance, 1982 (Ordinance No. II of 1982); section 3 Under section 3, the notice is required to be published at convenient places on or near the property in the prescribed form and manner stating that the property is proposed to be acquired. But section 3 of the Ordinance..Category: Property Law | Date: | Hits: 79
Zareen Biscuit Company Vs. Sayed M. Salimullah and others, 2010, 39 CLC (HCD)
....lim law……………(18) No valid waqf without vesting its ownership in God It is to be seen that under the Mussalman Wakf Validating Act, 1913 waqf for the benefit of the descendants is validated but the essential tenet of wakf i.e., vesting its ownership in God, its eminent purpose and pe......e of dismissal passed by the Subordinate Judge, 3rd Court, Tangail, is hereby affirmed. Send down the lower Court record at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 267. ......ent October 11, 2010. Result: The appeal is dismissed. Muslim Personal Law Words and Phrases Waqf Waqf, as meant in the Muslim personal law, is the dedication of property for religious, pious or charitable purposes which by necessary implÂication is the extinction of th..Category: Trust/Waqf Law | Date: | Hits: 114
Sharifuddin and others Vs. Commissioner of Customs and others, 2009, 38 CLC (AD)
....to the VAT Act, 1991 and cannot be deemed to be incorporated in the VAT Act, 1991 and the withdrawal of the exemption from payment of VAT granted by the Government under notification being SRO No.169 dated 8.6.2000 issued under section 14 of the VAT Act through notification being no 252 dated 6.8.20...... observably as follows:- "13. It is true that in the case of A Hannan the SRO which the writ-petiÂtioner invoked was subject to the fulfillment of the terms and conditions specified in the public notice which the writ-petitioner had complied with and in the present case there were no such specia......ner (In Civil Appeal No.996 of 2001) Vs. Commissioner of Customs and others.........................Respondent (In all the cases) Judgment May 12, 2009. Result: The appeals are therefore allowed. The civil petitions are disposed of. The Value Added Tax Act, 1991 (Act No. 22 o..Category: Fiscal/Taxation Law | Date: | Hits: 128
Md. Enamul Haque Vs. Md. Ekramul Haque and others, 2011, 40 CLC (HCD)
....arty No.1. Civil Revision No.3917 of 2010 and Civil Revision No.3918 of 2010. Judgment Sharif Uddin Chaklader J.- These two rule by the defendant No.1 petitioner directed against order dated 16-9-2010 passed by the learned District Judge, Nilphamari in Judicial Miscellaneous Case No.9...... Judge to transfer a case/suit from one Court to another within his territorial Jurisdiction. Section 24 of the Code runs as follows:— "24. (1) On the application of any of the parties and after notice to the parties and after hearing such of them as desire to be heard, or of its own motion wit......erested in the litigation; (viii) Where balance of convenience requires considering where the witnesses resides, or the account books are kept…….……………..(16) The initial conditions for transferring the case are that it should be filed at the earliest possible time and next, before..Category: Procedural Law | Date: | Hits: 179
LMJ International Ltd. India Vs. MV BK Ace and others, 2010, 39 CLC (HCD)
....h other shipping document it cannot claim the delivery of the same……………….(26) Vessel becomes liable to discharge the entire cargo after obtaining the permission for breaking bulk as mandated by the Customs Act, 1969……………..(27) Cases Referred to- Modina Vegetable and Oi......ginal two bills of leading dated 12-9-2010 to the shipping agent of the Vessel, yet the defendant vessel failed to discharge the cargo and in the meantime twenty days have elapsed after tendering the notice of readiness by the defendant vessel on 8-10-2010, for which under compelling circumÂstances......le, the holder of it gets the ownership of the said cargo carried by a vessel upon which the same was issued by the master of the vessel. Unless the original copy of the bills of lading is produced before the master of the vessel the master in no way is liable to deliver the cargo to any person, els..Category: Admiralty Law or Maritime Law | Date: | Hits: 490
Abdul Karim Vs. Land Acquisition Officer, Comilla and others, 2006, 35 CLC (HCD)
....sal to the Divisional Commissioner for approval. Thereafter notice under section 6 (1) (3) of the Acquisition and Requisition of Immovable Property Ordinance, was served upon the petitioner vide Memo dated 19-6-93 duly signed by the Deputy Commissioner. Finding no other alternative, the petitioner i......keeps both the options open, then he does not know whether the property is needed for immediate use or it likely to be needed for some future use. The use of both these alternative expressions in the notice under section 3 is indicative of a lack of application of mind and the notice under section 3......r power to acquire property in two likely situations. Firstly, if the property is needed and secondly, if the property is likely to be needed. A property is either needed or it is likely to be needed for public purpose or public interest, but while acquiring a property the Deputy Commissioner cannot..Category: Property Law | Date: | Hits: 85
Kartick Chandra Das and another Vs. State, 2012, 41 CLC (HCD)
....61A of the Code of Criminal Procedure this Rule was issued calling upon the opposite party to show cause as to why the proceeding of Special Case No.04 of 2008 arising out of Dupchachia PS Case No.17 dated 23-10-2007 corÂresponding to GR Case No.137 of 2007 under secÂtion 409/477 (Ka)/109 of the P......tunity on priority basis. Communicate the order to the learned Special Judge, Bogra, at once for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 458. ......ther order or Orders as to this Court may seem fit and proper. 2. Facts leading to issuance of the Rule in short are that: - One Md. Belial Hossain, acting chairman, Dupchachia Paurashava as informant lodged an FIR with Dupchachia Police Station, Bogra, alleging, inter alia, that the accused ..Category: Procedural Law | Date: | Hits: 86
Abu Taher Chowdhury and others Vs. Showkat Ali and others, 2012, 41 CLC (HCD)
....y Nos.1 and 2 to show cause as to why the impugned Judgment and decree passed by the SubÂordinate Judge, 2nd Commercial Court, Chittagong on 2-11-1986 in other Appeal No.501 of 1984, reversing those dated 17-6-1984 passed by the Munsif, 1st Court, Chittagong, in other Class Suit No.112 of 1980 shou...... the opposite party No.1 the plaintiffs have been depositing rent with the Rent controller in HRC Case No.23 of 1380 regularly. As per terms and condition of the Lease Agreement the plaintiffs served notice through lawyer on 10-1-1979 upon the defendant opposite party No.1 demanding renewal of the L......agong on 2-11-1986 in other Appeal No.501 of 1984, reversing those dated 17-6-1984 passed by the Munsif, 1st Court, Chittagong, in other Class Suit No.112 of 1980 should not be set-aside. 2. Facts for disposal of the Rule, in short, are that the petitioner Nos.1-5 Late Haji Mohammad Abul Hafez an..Category: Administrative Law | Date: | Hits: 175
Durga Prasad Singh Hajari Vs. Commissioner of Taxes, Taxes Zone 3, Chittagong, 2007, 36 CLC (HCD)
.... Reference Application No. 77 of 2001 with Reference Application Nos. 156, 157, 158 and 159 of 2007. Judgment Md. Abdur Rashid J. - The above references were presented against a common order dated 20-9-2000 passed by the Taxes Appellate Tribunal, Chittagong Bench at Chittagong in dismissing......separate income tax returns in the names of his wife and two sons in the same circle and thereby, he concealed income from the house property. Upon such views, the Deputy Commissioner of Taxes issued notice under section 93 of the Income Tax Ordinance, 1984, in short, the Ordinance, against the asse......ted and followed Mitakshara school of law and accordingly, filed returns at least since 1989 as per record and the income tax authorities also recognized and accepted such claim. There is also no bar for members of the family of the assessed to file returns of income for assessment………………..Category: Fiscal/Taxation Law | Date: | Hits: 138
Nasrin Jahan (Parul) and others Vs. Khabir Ahmed and others, 2008, 37 CLC (HCD)
....firmatively that the child is illegitimate. If, therefore, it is not proved that the child was born of the body of the wife or that it was born during the marriage or that the father was alive at the date of conception or that the child was born within 280 days of the dissolution of the marriage, no......school and the said relationship was known to everybody in the locality. On hearing of the said relationship, the defendant No.1 came to the school for ascertaining the incident and on one evening he noticed that after the departure of students she was cohabiting with said Aminul Islam by closing th...... by, the husband is proved, no evidence can be allowed to show that the child is not the child of the husband. The words "access" and "non-access" mean the existence or non existence of opportunities for sexual intercourse. The access between husband and wife viewed with reference to the result, nam..Category: Family Law | Date: | Hits: 114
Sree Sree Ananta Dev Chakra Bigrah & others Vs. Bangladesh & others, 1983, 12 CLC (HCD)
....ale of certain bazar was premature, illegal and without jurisdiction and that certain tanks are retainable as khas Appeal against the order of Mr. D.N. Chowdhury, Subordinate Judge of Zilla Noakhali, dated the 23rd of April, 1969 in Title Suit No.150 of 1967 under the provisions of section 20(2a) of...... is directed to dispose of the suit within six months from the date of the receipt of the records. Mohammad Abdur Rouf J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 301. ......ate. First Miscellaneous Appeal No.77 of 1969. Judgment Sultan Hossain Khan J.- This appeal arises out of an order passed by the learned Subordinate Judge, Noakhali rejecting an application for temporary injunction in a suit for declaraÂtion that auction sale of certain bazar was prematur..Category: Property Law | Date: | Hits: 74
Ocean Accessories Limited and another Vs. National Board of Revenue and others, 2010, 39 CLC (HCD)
....Petition No.12077 of 2006. Judgment Md. Ashfaqul Islam J.- At the instance of the petitioners, this Rule Nisi was issued calling upon the respondents to show cause as to why the Notice No.31/06 dated 11.7.2006 (Annexure C) issued by the respondent No.2 under section 202(1)(b)(c) (d)(e) and (f)......, in short, is that the petitioner No.1 is a private company limited by shares and the petitioner No.2 is the Managing Director of the petitioner No.1 company. The petitioners challenged the impugned notice bearing No.31/06 dated 11.7.2006 issued by the respondent No.2 under section 202(1)(b)(c)(d)(......e justified even though a right of statutory appeal had not been availed of. Cases Referred to- Zahur Ahmed Vs. Commissioner of Customs and others, 51 DLR 206; Bangladesh Bank and others, Vs. Zafor Ahmed Chowdhury and another, 50 DLR (AD) 175; M.A. Hye, Md. Wazed Ali and Mohammad Moslem Vs. TC..Category: Fiscal/Taxation Law | Date: | Hits: 174
Salam Mollick (Md.) Vs. State, 1996, 25 CLC (HCD)
.... the Rule is discharged with the observation made above and the order of stay the stands vacated. Send down the LC records at once. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 329. ......tition of complaint that the accused persons refused to take back the complainant and her daughter to their house if the demand of dowry was not met. 5. On perusal of the record it has come to our notice that accused Nos.1‑9 are the residents of Jessore Town and of these accused, accused No.3 A......rance in the Court through a Lawyer Considering the hardship on the part of female accused to appear regularly in the Court at a distant place, the Magistrate may consider any prayer on their part for appearance in the Court through a Lawyer. Lawyers Involved: Syed Ziaul Karim, Advocate â€..Category: Procedural Law | Date: | Hits: 120
Razia Khanam Vs. Md. Shamuzzoha Khan & Others, 2007, 36 CLC (HCD)
....t Hossain - For the Petitioner. Golam Rabbani - For the Opposite Parties. Civil Revision No.3533 of 2005. Judgment Shahidul Islam J.- This Rule is directed against the Judgment and decree dated 28.8.2005 passed by the learned Additional District Judge, 2nd Court, Naogaon in Title Appeals......ncipal temporarily and allowing the defendant No.5 from functioning as principal-in-charge. That decision was taken at 05.00 P.M. on 29.9.2003 by defendant Nos.1-4 in an emergency meeting without any notice to the plaintiff. That decision was taken most illegally and without having any jurisdiction.......ismissing the suit on setting aside those dated 10.10.2004 passed by the learned Senior Assistant Judge, 3rd Court, Naogaon in Other Class Suit No.155 of 2003 decreeing the suit. 2. Facts relevant for disposal of the Rule are that the petitioner as plaintiff instituted Other Class Suit No.155 of ..Category: Employment/Service Law | Date: | Hits: 118
Mohammad Shahidul Islam @ Mufti Shahidul Islam Vs. National Board of Revenue, 2008, 37 CLC (HCD)
....t Mohammad Abdur Rashid J.- The above Rule Nisi was obtained challenging the continuation of the criminal proceeding in Metropolitan Special Case No.149 of 07 arising out of Kotwali P.S Case No.68 dated 30.05.07 corresponding to ACC GR Case No.40 of 2007 in the Court of Metropolitan Sessions Judg...... transfer of the vehicle. Pursuant to said letter, the Commissioner issued on 26.09.07 asking the petitioner to show cause regarding irregular transfer of the said vehicle. 5. After receipt of the notice, the authorized person of the petitioner appeared before the Commissioner, Customs House (Imp......ase No.149 of 07 arising out of Kotwali P.S Case No.68 dated 30.05.07 corresponding to ACC GR Case No.40 of 2007 in the Court of Metropolitan Sessions Judge at Dhaka. 2. Petitioner is stated to be former Member of Parliament, in short, MP from the Constituency-94, (Narail-2) for the years 2001-20..Category: Fiscal/Taxation Law | Date: | Hits: 246
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