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Abdul Momen Bhuiyan and others Vs. District Judge, Dhaka and others, 2013, 42 CLC (AD)
....Aftab Hossain, Advocate-on-Record—For Respondent No.3. None represented—Respondent Nos.1-2. Civil Petition for Leave to Appeal No.2228 of 2011. (From the judgment and order dated 21-7-2011 passed by the High Court Division in Writ Petition No.6385 of 2010). Judgment ......he auction sale shall be deemed to have become absolute. The impugned judgment delivered by the High Court Division is set-aside. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 98. ......—For the Petitioners. Munir Sharif, Advocate, instructed by Aftab Hossain, Advocate-on-Record—For Respondent No.3. None represented—Respondent Nos.1-2. Civil Petition for Leave to Appeal No.2228 of 2011. (From the judgment and order dated 21-7-2011 passed by the..Category: Civil Law | Date: 17 Nov, 2013 | Hits: 17
Golam Sarwar Vs. Commissioner of Taxes, 2013, 42 CLC (HCD)
.... confirming appeal order regard to assessment under section 84/937 92(1) when services of notices were not served to the applicant before assessments? (c) Whether the Inspector's report dated 12-2-2002, can be the basis of the assessment without affording any opportunity to the applica...... Ordinance, 1984? (b) Whether Appellate Tribunal, Chittagong Bench, Chittagong was correct in law in confirming appeal order regard to assessment under section 84/937 92(1) when services of notices were not served to the applicant before assessments? (c) Whether the Inspector'...... Result: No answers to questions (b) and (c). The appeals are remanded to the Tribunal to decide part of question (a) in the light of observations made in the judgment. Questions formulated for determination: (a) Whether on the facts and circumstances of the case, the learn..Category: Fiscal/Taxation Law | Date: 14 Nov, 2013 | Hits: 4
AKM Mosharraf Hossain Vs. State & another, 2013, 41 CLC (HCD)
....2. Judgment Abu Bakar Siddiquee J.— This Criminal appeal under section 10 of the Criminal Law Amendment Act, 1958 is directed against the judgment and order of conviction and sentence dated 02-7-1992 passed by the learned Judge of the Special Tribunal No. 4, Dhaka in Special Case No.......ent to the relevant office and made a search and also seized some documents from the BCIC office and prepared a seizure list of the same. Thereafter, he deposed that after enquiry, it has came to his notice that the convict-appellant under the order of the then President, People's Republic of Ba......heel PS Case No. 65(1)91 corresponding to DAB GR No. 12 of 1991, convicting the appellant under section 5(2) of the Prevention of Corruption Act, 1947 and sentencing him to suffer simple imprisonment for 3(three) years and also to pay a fine of Taka 6,00,000, in default to suffer SI for 6(six) month..Category: Anti-Corruption Laws, Criminal Law | Date: 10 Oct, 2013 | Hits: 3
Zakir Hossain and another Vs. Md. Shahnewaz and others, 2013, 42 CLC (AD)
...., Advocate-on-Record—For Respondent Nos.1 and 48. None Represented—Respondent Nos.2-47. Civil Petition for Leave to Appeal No.753 of 2010. (From the judgment and order dated 23-08-2009 passed by the High Court Division in Civil Revision No.3046 of 2008). Judgment......s and facts do not warrant interference by this Division. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 98. ......llip;Petitioners Vs. Md. Shahnewaz and others…………………….Respondents Judgment October 10, 2013. Result: The petition for leave to appeal is dismissed. An appeal from a preliminary decree is not incompetent even i..Category: Procedural Law | Date: 10 Oct, 2013 | Hits: 12
SM Redwan Vs. Md. Rezaul Islam and others, 2013, 42 CLC (AD)
.....3. (In Criminal Appeal No.31 of 2004) None represented—Respondent Nos.1-2. (In Criminal Appeal No.31 of 2004) Criminal Appeal Nos.30 and 31 of 2004. (From the judgment and order dated 9-2-2003 passed by the High Court Division in Criminal Miscellaneous Case Nos.2788 of 2000 and......) received Taka. 10,00,000 as earnest money out of total consideration of Taka 29,25,000 to sell the land measuring 2.14 ½, 2.145 acres and executed a "bainanama". He issued a public notice through his lawyer in a daily newspaper on 14-11-1998 about the story of said "bain......8 of the Negotiable Instruments Act, 1881 (hereinafter referred to as the "Act") to a case in which a person issuing a cheque stopped its payment by issuing instruction to the drawee bank before payment. 2. In Criminal Appeal No.30 of 2004, the complainant-appellant SM Redwan challeng..Category: Criminal Law, Others | Date: 9 Oct, 2013 | Hits: 12
....oner calling upon the respondents to show cause as to why the auction notice published by the respondents under section 12 of the Artha Rin Adalat Ain, 2003, in the 'daily Ghaghat', Gaibandha dated 13-11-2008 (Annexure-"A'), and on the basis of the notice, if any, auction had taken ......nd reasonably at least in determining the value of the property upon obtaining information from the local registration office as indicated in sub-section (6) of section 12 of the Ain, publishing notice in accordance with the provision contained in sections 33(1) and 48 of the Ain and ensur......one behind the back of the petitioner keeping him in the dark with a hope that no auction will be held. In ordinary prudence, in the event of selling any property of a borrower a bank ought to have inform such borrower about the quotation received from the intended buyer, there by, giving a reasonab..
Category: Others, Procedural Law | Date: 8 Oct, 2013 | Hits: 8
Moulana Abdul Hakim (Md.) Vs. Government of Bangladesh and others, 2013, 42 CLC (HCD)
.... Ahmed J.— In this application under Article 102 of the Constitution a Rule Nisi was issued tailing upon the respondents to show cause as to why the Impugned Order vide Memo No. Ma Gu Da Aa 912 dated 12-2-2011 (Annexure-J) signed and issued by the Respondent No. 10 purporting to dismiss the pe......n is that the concerned Upazila Nirbahi Officer upon first suspending the petitioner formed an inquiry committee leading to a report adverse to the petitioner. Thereafter, upon a show cause notice issued, the petitioner was dismissed under section 11(ঙ) of বেসরকারী মা......o play in relation to the infringement of any fundamental right guaranteed under Part III of the Constitution. Article 102(2) presupposes the availability of the various writs that may be appealed to for reviewing actions and operations in the public domain. When issues of fundamental rights ar..Category: Administrative Law, Constitutional Law | Date: 3 Oct, 2013 | Hits: 2
Ahmed Lal Mia Vs. State and another, 2013, 42 CLC (AD)
....in, Advocate-on-Record—For Respondent Nos.2-4. None represented—For Respondent No.1. Criminal Petition for Leave to Appeal No.563 of 2012. (From the judgment and order dated the 21st day of May, 2012 passed by the High Court Division Criminal Revision No.348 of 2012)....... The cheque was presented for encashment in the bank on 17-1-2011, but the same was dishonoured with the endorsement "payment stopped by drawer.”] Then the complainant issued the statutory notice upon the accused on 2-2-2011 by registered post asking him to make the payment of the amount ......idullah, Advocate-on-Record—For the Petitioner. Zainul Abedin, Advocate-on-Record—For Respondent Nos.2-4. None represented—For Respondent No.1. Criminal Petition for Leave to Appeal No.563 of 2012. (From the judgment and order dated the 21st day of May, 201..Category: Criminal Law | Date: 3 Oct, 2013 | Hits: 5
Satsang Bangladesh, D. Pakutia Vs. People’s Republic of Bangladesh and others, 2013, 42 CLC (HCD)
....ty No. 3. Civil Revision No. 2484 of 2010. Judgment Soumendra Sarker J.— The Rule issued calling upon the opposite parties to show cause as to why the impugned judgment and order dated 29-4-2010 passed by the learned Special Judge, Pabna in Miscellaneous Appeal No.2 of 2008......evidence within 2(two) months from the date of receipt of this judgment, order. Communicate the judgment and order at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 110 ......ng the appeal and thereby affirmed the judgment and order dated 28-1-2008 passed by the learned Senior Assistant Judge, Pabna Sadar, Pabna in Other Class Suit No.51 of 2007 rejecting the, application for temporary injunction under Order XXXIX, rules 1 and 2 of the Code of Civil Procedure should not ..Category: Civil Law, Procedural Law | Date: 26 Sep, 2013 | Hits: 3
....ahmudul Islam, Sr Advocate instructed by Md. Zaliirul Islam, Advocate-on-Record—For the Respondents.
Civil Petition for Leave to Appeal No. 628 of 2011.
(From the judgment and order dated the 14th day of February, 2011 passed by the High Court Division in Writ Petition No. 4 of 200...... Superintendent to cancel the registration. After three and half years of submission of said prayers for refund and cancellation of registration made on 20-8-1998, the writ-petitioner received a notice dated 23-4-2003 issued by the Commissioner, informing it that there was no question of balanc......judicated the same in accordance with the provisions of the VAT Act. But they cannot adjust any disputed amount, which was never adjudicated under section 55 of the VAT Act.
When the application for cancellation of the VAT registration was filed under section 19(1) of the Act, it was the duty o..
Category: Fiscal/Taxation Law | Date: 24 Sep, 2013 | Hits: 9
State Vs. Mostafizur Rahman and another, 2013, 42 CLC (AD)
....orney General, instructed by B. Hossain, Advocate-on-Record—For the Appellant. None Represented—For Respondents. Criminal Appeal No. 7 of 2004. (From the judgment and order dated 31 st July, 2000 passed by the High Court Division in Criminal Appeal No.1349 of 1996) Ju......and findings given by Mohammad Anwarul Haque, J. Court's Order The appeal is dismissed by majority decisions. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 218. ...... facts of the case have been narrated in the judgment of my learned brother Mohammad Anwarul Haque, J. and I do not propose to repeat those. However, I shall reproduce facts of the case relevant for the purpose of my opinion. 6. Accused Mostafizur Rahman and Aleya Begum were charged and tr..Category: Criminal Law, Women and Children | Date: 18 Sep, 2013 | Hits: 7
Government of Bangladesh Vs. Md. Abdul Maleque Miah and 7 anothers, 2013, 42 CLC (AD)
.... Md. Wahidiillah, Advocate-on- Record—For the Respondents. (In all the appeals) Civil Appeal No. 87-94 of 2001. (From the Judgment and order dated 8th November, 2000 passed by the High Court Division in Writ Petition Nos. 2295, 2508, 2509, 3......rejected the memorandum of appeal. 8. After the judgment of the Tribunal the respondent No.1's Advocate Mr. SAM Mahbub Elahi, Advocate, Supreme Court of Bangladesh on 28-3-2000 issued a notice demanding justice to the respondent No.1 (appellant herein) with a request to do justice in i......unal in favour of present respondent No.1 in their respective cases. For the sake of brevity, we would like to state the facts of Civil Appeal No. 87 of 2001 corresponding to Civil Petition for Leave to Appeal No. 1145 of 2000 arising out of Writ Petition No. 2295 of 2000. ..Category: Administrative Law, Constitutional Law | Date: 17 Sep, 2013 | Hits: 3
ATM Nazimullah Chow¬dhury Vs. State & another, 2013, 42 CLC (HCD)
....nal Appeal No. 3735 of 2010. Judgment Moyeenul Islam Chowdhury J.— This criminal appeal, at the instance of the convict-appellant, is directed against the judgment and order dated 16-11-2008 passed by the learned Special Judge, Court No. 9, Dhaka in Special Case No. 26 of 2......22. 15. Mr. Abdur Rezzaque Khan further submits that the provisions of Rule 19Jha of the Emergency Power Rules of 2007 were not followed in letter and sprit in the matter of service of notice upon the appellant and by that reason, it cannot be said that he was aware of the proceed......l Judge convicted the appellant under section 409 of the Penal Code, 1860 read with section 5(2) of the Prevention of Corruption Act, 1947 and sentenced him thereunder to suffer rigorous imprisonment for 5(five) years and to pay a fine of Taka 21, 00,000 in default, to suffer rigorous imprisonm..Category: Criminal Law, Procedural Law | Date: 1 Aug, 2013 | Hits: 5
.... aided with the enemy, which imposed such as unjust war and genocide upon the unarmed civilian people of Bangladesh, simply because the people successfully exercised their adult franchise and gave mandate to their elected representation to form a Government; thereby exercised their right of self det......uided the occupational Pakistani Army and its auxiliary forces to commit holocaust in the name of Islam.
290. The Election Commission before registering BJI as a political party, caused a public notice to be published in the Daily Inqulab, inviting to hear anyone who may have objection as to it......…Respondents
Judgment
August 1, 2013.
Result:
The Rule is made absolute.
Cases Referred to-
Kusper Vs. Pontikes, 414 US, at 57, 38L Ed 2nd at 266; Whitney Vs. California, 274 US 357, 71 L Ed 1095, 47 S Ct 641 (1927); Brandenbourg Vs. Ohio, 395 US, at 447, 449, 23..
Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 10
....
Writ Petition No. 630 of 2009
Judgment
M Moazzam Husain J.- In this case a rule nisi was issued calling upon the respondents to show cause as to why the registration (Registration No. 014 dated 04.11.2008) given to Respondent No. 1 as a political party by the Respondent No. 4 shall not b......ate public interest which demands that violation of constitutional and legal rights of large number of people who are poor, ignorant or socially or economically disadvantaged position should not go unnoticed and underdressed.
24. In Olga Tellis Vs. Bombay Municipal Corporation, (1985) 3 S......…Respondents
Judgment
August 1, 2013.
Result:
The Rule is made absolute.
Cases Referred to-
Kusper Vs. Pontikes, 414 US, at 57, 38L Ed 2nd at 266; Whitney Vs. California, 274 US 357, 71 L Ed 1095, 47 S Ct 641 (1927); Brandenbourg Vs. Ohio, 395 US, at 447, 449, 23..
Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 11
.... the Income Tax Ordinance, 1984)
Judgment
Zinat Ara J.- These four income tax reference applications under section 160(1) of the Income Tax Ordinance, 1984 have arisen out of a common order dated 28.10.2003 passed by the Taxes Appellate Tribunal, Division Bench-1, Dhaka (hereinafter referr......before the Deputy Commissioner of Taxes, Companies Circle-8, Taxes Zone-3, Dhaka (briefly stated as the DCT) showing various income for the aforesaid assessment years. The DCT after serving statutory notices upon the assessee completed assessments computing total income of the assessee much higher t......
Vs.
The Commissioner of Taxes, Taxes Zone-3, Ayesha Monzil, 35, Pioneer Road, Kakrail, Dhaka………Respondent
Judgment
July 31, 2013
Result:
The question formulated to determination answered in the affirmative in favour of the department and against the ..
Category: Fiscal/Taxation Law | Date: 31 Jul, 2013 | Hits: 3
Nur Jahan Akhtar Vs. Commissioner of Taxes, 2013, 42 CLC (HCD)
....2004, 41 of 2004 and 42 of 2004. Judgment Zinat Ara J.- These four income tax reference applications under section 160(1) of the Income Tax Ordinance, 1984 have arisen out of a common order dated 28.10.2003 passed by the Taxes Appellate Tribunal, Division Bench-1, Dhaka (hereinafter referr......before the Deputy Commissioner of Taxes, Companies Circle-8, Taxes Zone-3, Dhaka (briefly stated as the DCT) showing various income for the aforesaid assessment years. The DCT after serving statutory notices upon the assessee completed assessments computing total income of the assessee much higher t......, Pioneer Road, Kakrail, Dhaka…………………….Respondents (In all the case) Judgment July 31, 2013. Result: The sole question formulated for determination is answered in the affirmative, in favour of the department. Lawye..Category: Fiscal/Taxation Law | Date: 31 Jul, 2013 | Hits: 2
Syed Raihan Hasan Ali Chowdhury Vs. Syed Hamde Ali Chow¬dhury and others, 2013, 42 CLC (HCD)
....o. 1. First Appeal No.321 of 2011 with Civil Rule No. 905(f) of 2011. Judgment Sharif Uddin Chaklader J.- This appeal at the instance of plaintiff, directed against judgment and decree dated 21-8-201 1 passed by the learned Joint District Judge, I" Court, Bogra rejected the plain...... suit to the extent of schedule as not maintainable but allow the suit to proceed in respect of 1st schedule. 9. Civil Revision No.2032 of 2010 was arisen out of an order issuing show cause notice for injunction. 10. Appeal from Original Order No.247 of 20 10 arisen out of an or...... contained in section 35 as all the provisions of section 35 have been made applicable to an order made under this section which means that an order made by the Administrator is liable to challenge before the District Judge and any order made by the District Judge is appealable to the High Court, wh..Category: Trust/Waqf Law | Date: 29 Jul, 2013 | Hits: 5
Robi Axiata Ltd Vs. First Labour Court Dhaka and others, 2013, 42 CLC (HCD)
....re of a plaint spelt out the initial engagement of each applicant on a temporary basis on various occasions evidenced in various service contracts stipulating the terms and termination dates of the period of employment. S 1 No. Writ Peti......Orders of Stay as initially granted are necessarily recalled and vacated. There are no Orders as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 551 ...... Writ Petition Nos. 4720, 4721, 4722, 4723 and 8325 to 8362 of 2012. Judgment Syed Refaat Ahmed J.— At the instance of the Petitioner Robi Axiata Ltd, alias Axiata (Bangladesh) Ltd, forty two individual Rules Nisi were issued calling upon the Respondents to show cause why similarly..Category: Labour and Industrial Law | Date: 28 Jul, 2013 | Hits: 7
Zahir Fakir (Md.) and oth¬ers Vs. Hahma Khatun and others, 2013, 42 CLC (HCD)
.... Petitioners. Md. Shamsul Haque Bhuiyan, Advocate—For the Opposite Parties. Civil Revision No. 514 of 2012. Judgment AKM Shahidul Huq J.— The judgment and decree dated 14-11-2011 passed by the Joint District Judge, 2nd Court, Gazipur, in Title Appeal No. 1......urts records along with a copy of this judgment to the concern Court forthwith for information and necessary action. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 240 ......he Appellate Court— Appellate Court has purposely and intentionally avoided and shifted his responsibility upon the Trial Court which the appellate Court was very much competent to perform. In avoiding such responsibility on the part of the appellate Court was not proper. All the mat..Category: Property Law | Date: 25 Jul, 2013 | Hits: 6
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