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....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.
......er 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 Commission, the notice issued by it upon the respondent under memo d..
Category: Anti-Corruption Laws | Date: 27 Jan, 2014 | Hits: 9
Md. Shafayet Hossain Rana Vs. State and Md. Syed Rejaul Karim Salim, 2014, 43 CLC (HCD)
....dispose of the same expeditiously. Send down the lower Courts’ records and communicate the judgment. Muhammad Abdul Hafiz J.- I agree. Ed. This Case is also Reported in: ......ce of the notices on him in individual capacity. Under the facts and circumstances of the present cases, we do not think that the drawer of the cheques can be discharged without facing trial. In view of the decisions cited and the discussions made above we find substance in the Rules. 12...Category: Civil Law | Date: 21 Jan, 2014 | Hits: 111
State Vs. Dr. Fazlur Rahman, 2014, 43 CLC (AD)
.... Senior Special Judge, Dhaka is directed to proceed with the trial of the respondent Dr Fazlur Rahman in accordance with law. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 24 ......ave considered his petition as he was undoubtedly a fugitive from justice. Hence, the question of issuing any Rule did not arise. 10. In the facts and circumstances, we are of the view that the respondent was a fugitive from justice and still remains so in spite of the fact that ..Category: Criminal Law | Date: 15 Jan, 2014 | Hits: 1
Ali Garments Limited Vs. Commissioner of Taxes, 2014, 43 CLC (AD)
....he High Court Division, accordingly, the appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 243. ...... reference was couched in the following terms: "Whether in the facts and circumstances of the case the Taxes Appellate Tribunal was justified in directing adoption of gross profit at 20% in view of the fact that the petitioner's accounts are audited and verifiable, contrary to Income T..Category: Fiscal/Taxation Law | Date: 5 Jan, 2014 | Hits: 11
BRAC Bank Ltd Vs. Multimode Ltd, 2013, 42 CLC (HCD)
....e result, this appeal is dismissed. No costs. Connected Civil Rule No. 395(f) of 2012 is accordingly discharged. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 48 ...... but is a fundamental importance that justice should not only be done, but should manifestly ad undoubtedly be seen to be done." 21. On a reading of the contract itself it is our considered view that when there is no clause given prior notice before termination of the contract defendant sh..Category: Contract Law | Date: 12 Dec, 2013 | Hits: 0
Abdul Quader Mollah Vs. Chief Prosecutor, International Crimes, Tribunal, Dhaka, 2013, 42 CLC (AD)
....ere is error apparent on the face of the record which calls for interference of the impugned judgment. It is an established jurisprudence that a review is by no means an appeal in disguise whereby an erroneous decision is reheard and corrected, but lies only against patent error of law. Where withou......, Additional Attorney-General and Momtaz Uddin Fakir, Additional Attorney-General, instructed by Syed Mahbubur Rahman, Advocate-on-Record—For the Respondent. (In both the cases) Criminal Review Petition Nos.17-18 of 2013. (From the judgment and order dated 17-9-2013 passed by the App..Category: International Crimes Tribunal Law | Date: 12 Dec, 2013 | Hits: 15
State Vs. Md. Ibrahim Ali, 2013, 42 CLC (AD)
....s depending on the facts of the case and the circumstances of tie accused. 26. In view of the above discussion, we are of the opinion that the judgment and order of the High Court Division being erroneous, having been passed without considering the relevant laws is liable to be set-aside. ......ant case it transpires from the order sheet that on 17-11-1999 the prosecution filed an application for splitting the charge since the offences took place over a period more than one year. Keeping in view the provision of section 222(2) and 234 (1) of the Code the charge was split into three, each c..Category: Anti-Corruption Laws, Criminal Law, Procedural Law | Date: 3 Dec, 2013 | Hits: 26
Md. Abdur Rob Bhuiyan Vs. Sheikh Ahammed and others, 2013, 42 CLC (HCD)
.... Rule. Accordingly, the Rule is discharged. Opposite Parties 1-20 are released from their bail bonds. Send down the records. Muhammad Abdul Hafiz J.- I agree. Ed. This Case is alsoReported in: ......carriage of justice or gross illegality which can be interfered with by this Court in revisional jurisdiction. In such circumstance, we do not think itfit to interfere with the impugned judgment. In view of the above we do not find any substance in the Rule. Accordingly, the Rule is discharged. O..Category: Procedural Law | Date: 21 Nov, 2013 | Hits: 24
Sheikh Md. Rafiqul Islam (Babul) Vs. Manager, Uttara Bank Limited and others, 2013, 42 CLC (HCD)
....s set-aside. The trial Court is directed to proceed with the suit immediately in accordance with law. Communicate at once. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 131. ......authority to dispose of the appeal against the judgment and order passed by the Joint District Judge in the capacity of Artha Rin Adalat Judge. This position being clear and unambiguous we are of the view that the constitution given by the District Judge the respondent No. 2 empowering the resp..Category: Administrative Law, Banking Law | Date: 20 Nov, 2013 | Hits: 6
Md. Nuruzzaman (Noni) Vs. Government of Bangladesh and others, 2013, 42 CLC (HCD)
....fructuous. The order of stay granted earlier is hereby vacated. There will be no order as to costs. AKM Zahirul Hoque J.- I agree. Ed. This Case is also Reported in: ...... “অর্থ অধ্যাদেশ, ২০০৭(২০০৭ সনের ১০ নং অধ্যাদেশ) এতদদ্বারা রহিত করা হইল” In view of the stated position of law there remains no cause of action requiring adjudication. Hence, ..Category: Fiscal/Taxation Law | Date: 20 Nov, 2013 | Hits: 24
....y;ever, without any order as to costs. BLA Case No. 1534 of 2011 pending before the First Labour Court, Dhaka is hereby quashed.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 313
......ng the parties, however, by his order dated 23-10-2011 rejected the petition on maintainability, considering the only ground as to the resignation of the first party respondent and took the view that all the points raised cannot be adjudicated without taking evidence.
8. The labo..
Category: Labour and Industrial Law | Date: 18 Nov, 2013 | Hits: 5
Golam Sarwar Vs. Commissioner of Taxes, 2013, 42 CLC (HCD)
....ke necessary steps under section 161(2) of the Income Tax Ordinance, 1984. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 350; 2 CLR (HCD) (2014) 301; 23 Karadalat (HCD) (2014) 15 ......or rebuttal of the report of the Inspector of Taxes and, as such, there has been violation of natural justice in considering the Inspector's report at the time of making assessments; (vi) In view of the above, the Tribunal was not justified in upholding the order of the AJCT affirming the a..Category: Fiscal/Taxation Law | Date: 14 Nov, 2013 | Hits: 4
AKM Mosharraf Hossain Vs. State & another, 2013, 41 CLC (HCD)
....realise the fine in accordance with law. Let a copy of this judgment along with LCR be sent to the concerned Court at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 564 ......hairman, BCIC to pay the salary of the convict-appellant at the rate, he used subject to adjustment till the time of execution of the contract paper of his new service. Thereafter, he deposed that in view of the above matter, the BCIC paid salary and other allowances for the period 13-4-1988 to 28-2..Category: Anti-Corruption Laws, Criminal Law | Date: 10 Oct, 2013 | Hits: 3
Ali Amjad Khan (Md.) Vs. Md. Habibullah Dawn & others, 2013, 42 CLC (AD)
....any application under Rules 100 arid 101 of Order XXI read with section 151 of the Code of Civil Procedure and that the High Court Division without taking into consideration this provision of the law erroneously held that leave-respondent No.1 is entitled to recover of possession of the disputed pro...... civil petition for leave to appeal before this Division. 7. Mr. Abdul Wadud Bhuiya and Mr. AJ Mohammad Ali, learned Senior Advocates, appearing on behalf of the leave-petitioner, submit that in view of Rule 102 of Order XXI of the Code of Civil Procedure, respondent No.1 is not legally entitle..Category: Civil Law | Date: 10 Oct, 2013 | Hits: 33
SM Redwan Vs. Md. Rezaul Islam and others, 2013, 42 CLC (AD)
....he High Court Division are hereby set-aside. The concerned Courts are directed to proceed with the cases in accordance with law. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 169. ......drawer' do not and cannot anyway be interpreted that the cheques were returned un-cashed for insufficiency of fund and there is no ambiguity in the section to interprete it otherwise in view of the legal position that the main issue is the dishonour of a cheque by the bank due to ..Category: Criminal Law, Others | Date: 9 Oct, 2013 | Hits: 12
....costs. The order of stay granted earlier is vacated.
Communicate a copy of the judgment to the bank concerned at once.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 50.
......in fact no auction on the date fixed was held. It is asserted that the purported auction was merely a sham device operating only for the benefit of an employee of the bank Md. Abdul Jalil with a view to grab the valuable property of the petitioner. He further submits that the bank in holding th..
Category: Others, Procedural Law | Date: 8 Oct, 2013 | Hits: 8
Moulana Abdul Hakim (Md.) Vs. Government of Bangladesh and others, 2013, 42 CLC (HCD)
.... public realm, it cannot, however, be gainsaid that they never do, and in instances they do so there indeed remains the possibility of their treading on constitutional guarantees and arriving at erroneous and arbitrary decisions while performing a "public function" and unwarrantedly s...... 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 are rais..Category: Administrative Law, Constitutional Law | Date: 3 Oct, 2013 | Hits: 2
Ahmed Lal Mia Vs. State and another, 2013, 42 CLC (AD)
....ove, no interference is called for with the impugned judgment and order. The leave petition is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 204. ......eyond reasonable doubt, and the accused shall have all the right to take his defence by cross-examining the prosecution witnesses and also by examining his own witnesses, if he so desires. 9. In view of the above, no interference is called for with the impugned judgment and order. The leav..Category: Criminal Law | Date: 3 Oct, 2013 | Hits: 5
AA Engineering Limited Vs. University of Khulna, 2013, 42 CLC (AD)
.... and that the value added tax being an indirect tax to be realized from the receiver of the service and that there being nothing in the con tract to the contrary, the High Court Division upon an erroneous interpretation of the contract wrongly held that the petitioner is liable to pay the ......e priced bill of quantities, shall be deemed to cover all such taxes and such taxes any be recovered from the contractors bills in accordance with Government's directives or orders. We are of the view that the expressions used in clause 2.45 of the tender schedule also include VAT." ..Category: Fiscal/Taxation Law | Date: 3 Oct, 2013 | Hits: 28
Satsang Bangladesh, D. Pakutia Vs. People’s Republic of Bangladesh and others, 2013, 42 CLC (HCD)
....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 ......e learned Advocates appearing on behalf of the opposite parties opposing the Rule submits that the schedule land of the original suit is unspecified and the suit is not maintainable under the purview of law and the lower appellate Court is justified in holding that the suit itself is not ten&sh..Category: Civil Law, Procedural Law | Date: 26 Sep, 2013 | Hits: 3
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