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Amirul Islam (Md.) Vs. Commissioner of Customs Chittagong and others, 2014, 43 CLC (HCD)
....March 5, 2014. Result: The rule is disposed of. Customs Duty Assessment (Determination of Value of Import Goods) Rules, 2000 Rules 4, 5 & 7 It is the usual practice that provisional assessment should he followed by final assessment as per Valuation Rules. The ...... 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 to finally asse..Category: Fiscal/Taxation Law | Date: 5 Mar, 2014 | Hits: 8
SM Deen Islam Vs. Government of Bangladesh and others, 2014, 43 CLC (HCD)
....uspend the petitioners rather aforesaid section only prescribes a disqualification of a Chairman for which he can be removed from his post; Consequently, suspending the petitioner under the said provision of law is without jurisdiction. 9. Further, it has been submitted that a Chairman of ......it Petition No.3705 of 2013) Nusrat Jahan, AAG—For the Respondent-Government Writ Petition Nos. 10166 & 3705 of 2013. Judgment Farah Mahbub J. - Since common question of law and facts are involved in both the Rules Nisi and, as such, those have been heard together and a..Category: Administrative Law, Constitutional Law | Date: 4 Mar, 2014 | Hits: 5
Hafiz Ahmed Mazumder Vs. Pubali Bank Limited, 2014, 43 CLC (HCD)
....ediately after the 30th AGM. iv. All directors who shall resign pursuant to the judgment and order shall be eligible for re-election, on condition that they are not otherwise disqualified as per provisions of the Articles of Association or any statute or any directive or circular of the regulat......etitioners 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 qualified to contest ..Category: Banking Law, Corporate Law | Date: 25 Feb, 2014 | Hits: 9
Ruksana Huq and oth¬ers Vs. AK Faizul Huq (Raju) and others, 2014, 43 CLC (AD)
....n to transpose the added opposite parties as petitioners in the succession case filed by the present leave-petitioners. Mr. Fida M Kamal has advanced argument to the effect also that there is no provision in any law for transposing the opposite parties as petitioners in any case and, as such, t......e added opposite parties as petitioners in the succession case filed by the present leave-petitioners. Mr. Fida M Kamal has advanced argument to the effect also that there is no provision in any law for transposing the opposite parties as petitioners in any case and, as such, the transposition ..Category: Civil Law, Procedural Law | Date: 25 Feb, 2014 | Hits: 4
....e High Court Division.
The petition for Leave to Appeal is disposed of with the above observations and guidelines.
Ed.
This Case is also Reported in: 66 DLR (AD) (2014) 92.
...... the High Court Division into a Magistrate's Court is least desired……………..(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 int..
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)
.... SM Moniruzzaman, learned Deputy Attorney General, appearing on behalf of the respondents, on the other hand, submits that the price fixed by the authority was done in accordance with law as per provision of Rule 3(7). 10. We have considered the submissions of the learned Senior Advocate f......ity cannot fix the base value according to its sweet will and it is only the manufacturer who can fix the actual price. If the price declared by the appellant is supported by the documents and as per law, the VAT authority without verifying the market and conducting any investigation still cannot fi..Category: Fiscal/Taxation Law | Date: 19 Feb, 2014 | Hits: 5
Aftab Uddin (Md.) Vs. Chairman, Court of Settlement and another, 2014, 43 CLC (AD)
.... in brief, are that the property, release whereof was sought from the 'Kha' list of the abandoned buildings published in the Bangladesh Gazette (Extraordinary) dated 23 September, 1986 as per provision of section 5(1) (b) of the Ordinance, was leased out for Taka 600 by the then Government o...... was filed by the appellant and leave was granted to consider the following grounds: I "Whether the High Court Division was wrong in holding that the High Court Division is not competent in law to disturb the finding of the Court of Settlement particularly, when it is apparent that the Cou..Category: Abandoned Properties Law | Date: 19 Feb, 2014 | Hits: 21
কবির ষ্টীল লিমিটেড বনাম কমিশনার অব ট্যাক্সেস, 2014, 43 CLC (HCD)
....) instead of the section 83(2) of the Income Tax Ordinance 1984 (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 ......আয়কর অধ্যাদেশ ১৯৮৪ ২৭। ধারা ৮২সি Tax on income of certain person. (1) Notwithstanding anything contained in this Ordinance or any other law for the time being in force, where any amount referred to in sub-section (2) is received by, or ..Category: Fiscal/Taxation Law | Date: 17 Feb, 2014 | Hits: 7
....w of the Artha Rin Adalat that the application under section 32 of the Ain, 2003 was not maintainable as the same was filed without depositing security equivalent to 25% of the decretal amount as per provision of law.
8. To dispose of this leave petition, we need to consider section 32 of the A......a Rin Adalat that the application under section 32 of the Ain, 2003 was not maintainable as the same was filed without depositing security equivalent to 25% of the decretal amount as per provision of law.
8. To dispose of this leave petition, we need to consider section 32 of the Ain, 2003 whic..
Category: Civil Law, Others | Date: 17 Feb, 2014 | Hits: 9
S.N. Kabir Vs. Fatema Begum and others, 2014, 43 CLC (AD)
....ject to reform the land relating to land tenures, land holding and transfer with a view to maximizing production and ensuring a better relationship between land owners and bargaders and the provisions of the entire Ordinance are relating to agricultural and cultivable land holding and tran......cting the, plaints of both the suits. 2. Both the civil petitions for leave to appeal arising out of the common judgment and order between the same parties and involving common question of law and fact having been heard together are disposed of by this single judgment. 3. The facts l..Category: Property Law | Date: 16 Feb, 2014 | Hits: 19
Sukur Mahmood and others Vs. State, 2014, 43 CLC (AD)
....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. ......12. Mr. Md Shamsul Huq, learned Advocate appearing on behalf of the leave petitioners, submits that the High Court Division has failed to consider that the trial Court fell into serious error in law in not considering the inherent defect of the prosecution case in that there was a GD Entry bein..Category: Women and Children | Date: 13 Feb, 2014 | Hits: 21
Delipjan being dead her heirs: Fazal Haque and other Vs. Shahed Badsha and others, 2014, 43 CLC (AD)
....s allowed and the impugned judgment delivered by the High Court Division is set-aside without any order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 176. ......n was recorded in the name of Nazimuddin correctly. After the death of Nazimuddin, defendant Nos.1-7 inherited the suit land. Therefore, the plaintiffs are not entitled to get any relief according to law. And as such, the suit is liable to be dismissed. 4. The trial Court upon hearing the parti..Category: Civil Law | Date: 11 Feb, 2014 | Hits: 5
Durnity Daman Commission Vs. Jesmin Islam and another, 2014, 43 CLC (AD)
....patory bail. The impugned judgment is set-aside. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 1. ......n 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. This being the position of law settled by this Division, the High Court Division cannot exercise its discretion whimsicall..Category: Criminal Law | Date: 10 Feb, 2014 | Hits: 4
Durnity Daman Commission Vs. Durnity Daman Commission, 2014, 43 CLC (AD)
....used-respondent on anticipatory bail. The impugned judgment is set-aside. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 1 ......n 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. This being the position of law settled by this Division, the High Court Division cannot exercise its discretion whimsicall..Category: Criminal Law | Date: 10 Feb, 2014 | Hits: 4
Loreeto Vs. Nasreen Sobhan and another, 2014, 43 CLC (AD)
....aw one of them should not be taken as operating in derogation of the other. 10. If a party has chosen to pursue one remedy, he cannot afterwards of his failing therein proceed under another provision. A regular suit for damages/compensation is not barred by the omission to proceed under th......Division that it was not liable to pay damage of Taka 5,000 per day for staying in the suit premises even after expiry of lease........the learned Judges of the High Court Division seriously erred in law in not deciding the point though noticed in the judgment.......' In course of the hearing of..Category: Civil Law | Date: 3 Feb, 2014 | Hits: 14
Selim Hossain (Md.) Vs. Shahabuddin Ahmed and others, 2014, 43 CLC (AD)
....decree-holder-corporation under article 27 of PO No.7 of 1973 before the District Judge, Narayangonj. This miscellaneous case was transferred to the Artha Rin Adalat, Narayangonj pursuant to the provision of section 9 of the Artha Rin Adalat Ain, 1990. In view of the decision of this Division i...... Rin Mortgaged Suit No.152 of 1991 or in the execution case started on the basis of the said decree or in the auction sale of the mortgaged property. The auction sale was held in accordance with law and there was no reason at all for setting aside the same and the impugned order did not suffer ..Category: Civil Law | Date: 3 Feb, 2014 | Hits: 6
Pannu @ Md. Pannu Mia & others Vs. State, 2014, 43 CLC (HCD)
....ed. The order of stay granted earlier stands vacated. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 18. ......ng the materials on record. 8. The learned Deputy Attorney-General appearing for the State Opposite party opposes the Rule, and submits that the learned Magistrate acted within the ambit of law in respect of sending the case for further investigation, inasmuch as most of the important..Category: Criminal Law | Date: 3 Feb, 2014 | Hits: 2
....র ইচ্ছা প্রকাশ করলে তা পরে প্রত্যাহার করা যাবে না”, which indicates as absolute terms and since that there is no provision quoted clause to withdraw prayers prayers of voluntary retirements came in effect after ac...... 52 of 2010 and Writ Petition No. 2331 of 2009.)
Judgment
Hasan Foez Siddique J. - Civil Appeal Nos. 45 to 48 of 2012 have been heard together. Since all the appeals raised common points of law, they are being disposed of by this single judgment.
2. The common question in these appeal..
Category: Administrative Law, Employment/Service Law | Date: 2 Feb, 2014 | Hits: 9
Shafique Ahmed Vs. Md. Abdul Latif Bhuiyan, 2014, 43 CLC (HCD)
....the decree of the Title Suit, the defendant-appellant-petitioner rightly preferred a Title Appeal but it transpires that the learned Judge of the Appellate Court below signally lost sight of the provisions of sub-sections (2) and (3) of section 15 of the Small Cause Courts Act and without tak&s......ained the instant Rule against the impugned judgment and decree dated 20-3-2011. 3. The only point for determination in this Rule is whether the Court of Appeal below committed any error of law resulting in any error in its decision occasioning a failure of justice. 4. Mr. MA Qayyum K..Category: Civil Law, Others | Date: 30 Jan, 2014 | Hits: 4
....ployee. Being aggrieved with the Amendment Act, 2013, on 24-11-2013, the petitioners sent a Demand-of Justice Notice to the respondents through their lawyer for taking steps to withdraw or cancel the provision of section 32Ka. The respondents are yet to respond to the Demand of Justice Notice of the......nstitution of the Peoples' Republic of Bangladesh, is preferred by an organization in the name & style the Human Rights and Peace for Bangladesh in brief "HRPB") and some prasticing lawyers of this Court. The petitioner have challenged the section 32Ka of the Anti Corruption Commis..
Category: Anti-Corruption Laws | Date: 30 Jan, 2014 | Hits: 5
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