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Ruksana Huq and oth¬ers Vs. AK Faizul Huq (Raju) and others, 2014, 43 CLC (AD)
.... process of Court. 11. However, we find no merit in this Civil Petition for Leave to Appeal and hence it is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 240. ......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)
....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 ......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)
....manded to the Court of Settlement to deal with it in the light of our discussion above. There will be no order as to costs. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 253. ...... 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)
....ারপতি মোঃ ইমদাদুল হক আজাদ.- আমি একমত হইলাম। This Case is also Reported in: ......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
.... 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.
......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)
...., 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. ......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)
....he decree are hereby expunged. The appeal is disposed of with the above expunction without, however, any order as to costs. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 111. ......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)
....t-petitioner without creating any hindrance or obstacle and the executing Court shall pass necessary order in that respect. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 115. ...... 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
....
3. In Civil Appeal No. 45 of 2012, the respondent Nos. 1-5 filed Writ Petition No. 8872 of 2008 being aggrieved by the notification dated 26-10-2002 issued by the Secretary, Ministry of Agriculture amending Clauses 4 and 5 of the Notification No. Krirhi-5/Ma-2/98 (Part-8)/727 dated 17-11-1999 issu...... 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)
.... 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. ......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
.... Amendment Act" 2013 in accordance with law. He prays for discharging the Rule.
10. On perusal of submission of the learned Advocates of both the sides, the petition and the challenged amending Act alongwith the whole legislation, it appears to us that the question raised relates to t......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
Lakshmi Bala Sen and others Vs. Tarun Tapan Dutta @ Tapan Kumar Dutta and others, 2014, 43 CLC (AD)
....he matter, we do not find any substance in this appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 162. ...... defendants (appellants herein) under section 95 of the State Acquisition and Tenancy Act to restore possession to the plaintiff by 10-3-1974. Meanwhile, the High Court Division declared the relevant law as illegal and void and, as such, the plaintiff has subsequently instituted the present suit for..Category: Tenancy Law | Date: 30 Jan, 2014 | Hits: 15
Mortuz Ali Khalifa Vs. Jobeda ® Kalu Bibiand others, 2014, 43 CLC (AD)
....ereby direct the trial Court to conclude the, trial expeditiously, preferably within 6 months of receiving a copy of this judgment. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 3 ...... Ali, Advocate-on-Record—For the Appellant. None Represented—For Respondents. Recall the plaintiffs' witnesses for cross-examination It is a cardinal principle of law that every party to litigation must be given opportunity to place his case with relevant evidenc..Category: Civil Law | Date: 29 Jan, 2014 | Hits: 1
....anded to the High Court Division to dispose of the appeal on merit afresh. This petition is disposed of.
Ed.
This Case is also Reported in: 66 DLR (AD) (2014) 185.
......on set-aside the conviction and sentence and also set-aside the order of confiscation of the property mainly on the reasonings that the Commission was not properly constituted in accordance with law from 2nd February 2007 to 24 February, 2007 and in view of non-constitution of the C..
Category: Anti-Corruption Laws | Date: 27 Jan, 2014 | Hits: 9
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