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Government of Bangladesh Vs. ATM Mannan and another, 2012, 41 CLC (AD)
....the Rule absolute. Accordingly, the appeal is allowed and the impugned judgment is set-aside. There is no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 10. ......ngs (Supplementary Provisions) Ordinance, 1985 (in short Ordinance of 1985)and that even the Government is not bound by a decree passed in a suit for specific performance of contract in view of the principle enunciated by this Division in the Case of CQMH Md. Ayub Ali Vs. Bangladesh, 47 DLR (AD) 7.......613/58 Road No.28 (Old) Dhanmondi Residential Area, Dhaka in the 'Kha' list of the abandoned buildings published in the Bangladesh Gazette dated 23-9-1986 at page 9764 (15) at serial No.7 and prayed for direction to release the said property from the list. 3. The case of the respondents was th......the Rule absolute. Accordingly, the appeal is allowed and the impugned judgment is set-aside. There is no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 10. ..Category: Property Law | Date: 8 Aug, 2012 | Hits: 84
Bangladesh Telecommunications Company Ltd Vs. CPTU, 2012, 41 CLC (HCD)
....y Review Partel-2 within 2 weeks from the date of the receipt of this order. There, however, shall be no order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 98. ......t find any illegality in the decision and order dated 6-3-2012 passed by Review Panel-2. 24. In addition to the above findings by us, we also find that the Managing Director of BTCL is barred by principle of estoppel to challenge the impugned decision and order of the Review Panel-2 as he has c...... Writ Petition No.5095 of 2012 is made absolute. Power of a Review Panel Neither PPA, 2006 nor PPR, 2008 has provided any authority upon a Review Panel to declare a company as pre-qualified for a particular project of any purchasing entity. Any company which can not meet the pre-qualificat......y Review Partel-2 within 2 weeks from the date of the receipt of this order. There, however, shall be no order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 98. ..Category: Information Technology Law | Date: 7 Aug, 2012 | Hits: 10
Yasin Rahman @ J Rahman Yasin @ Titu Vs. State, 2012, 41 CLC (AD)
....ith the judgment of Surendra Kumar Sinha, J. Order of the Court This appeal is, however, dismissed by majority decision. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 8. ......weak one, for, the fact of self-inculpation is not, in all cases, a guarantee for the truth of a statement, even as against the person making it, much less is it so against another. 13. The principle behind section 30 is that a confession may be true so far as it implicates the maker, but ......is appeal the legality of the conviction of the appellant Yasin Rahman @ Rahman @ Yasin @ Titu Muzibur Rahman (Titu) given by the High Court Division under sections 302/109 and 120B of the Penal Code for the murder Jibran Tayyabi (Jibran) by setting-aside the judgment and order of acquittal passed b......den of proof of his guilt lies on the prosecution alone and till that time the presumption of innocence, whether the case is before the trial court or at higher forums.............In a criminal trial determination of a disputed fact is the main task before the court and such determination is de..Category: Criminal Law | Date: 1 Aug, 2012 | Hits: 36
National Board of Revenue Vs. Abu Saeed Khan and others, 2012, 41 CLC (AD)
....victims. The appeals are, therefore, allowed without any order as to costs with the above observations. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 116. ......ves or to create public sensation. The High Court Division has been taking cognizance of those petitions without looking at whether or not such petitions are at all maintainable in the light of the principles settled by this Division in Mohiuddin Farooque, Professor Mozaffor Ahmed, and Ms. Syeda......ation invokes the jurisdiction of the court, on behalf of such persons, who by reason of poverty, lack of education, helplessness, social disabilities or economic paucity cannot seek legal redress for the violation of their rights, fundamental or legal in the court of law. The High Court Divisio...... determine tariff value under section 5(7) which is a non-obstante clause authorising it to declare the said 'taxable goods' as 'taxable service' under 'section 3(5) of Act 1991 for the purpose of determination of VAT on total receipts and impose VAT under section 5(4) on such manufactured produ..Category: Fiscal/Taxation Law | Date: 1 Aug, 2012 | Hits: 27
State Vs. Md. Aman Ullah Aman, 2012, 41 CLC (AD)
....ll follow the settled statement of law. The impugned order is set-aside. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 81. ......equirement that the exercise of such power must serve either of the three purposes mentioned in the section. 11. Off and on, we have noticed, the High Court Division has been ignoring this settled principle of law on the question of its power under section 561A and exercises its power rampantly a......sed of with observations. Jurisdiction of a Court The jurisdiction of a Court or tribunal means the conditions on which the right of power of it to determine a matter depends. It follows, therefore, that such court or tribunal may be acting without or in excess of jurisdiction if this conditi......ll follow the settled statement of law. The impugned order is set-aside. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 81. ..Category: Procedural Law | Date: 26 Jul, 2012 | Hits: 32
Faizur Rahman (Md.) and another Vs. Mokarram Hossain and others, 2012, 41 CLC (HCD)
....s dismissed without any order as to cost. Send down the lower court records. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 46. ......s dismissed without any order as to cost. Send down the lower court records. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 46. ......ion or revision of record-of-rights under this chapter or in respect of framing, publication, signing or attesting of such a record or any part of it, and if any such suit or application is pending before a civil court, it shall not be further proceeded with and shall abate and if any judgment, decr......dvocates of both the parties, Exhibits filed by the parties and depositions of the witnesses. 13. On the submissions of the learned Advocates and materials on record two questions calls for determinations, i) whether plaintiffs' acquired title in the suit property by purchase..Category: Property Law | Date: 25 Jul, 2012 | Hits: 10
AKM Shafiuddin Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....on. Accordingly we have decided to dispose this matter with observations. Consequently, this application is disposed of with the observations made above. Ed. This Case is also Reported in: ......y normal breathing of the unpolluted air of judicial independence, so that the indispensable independence of the judiciary is kept up. The questions to be discussed has got significance affecting the principle of independence of judiciary. 14. The relevant sentences, in the Ruling of the Hon'ble......ul Karim and Swarup Kanti Deb, Assistant Attorney Generals-For the respondents. Writ Petition No. 9416 of 2012 Judgment Hasan Foez Siddique J.- By this petition, the petitioner has sought for declaration that the Ruling of the Hon'ble Speaker of the Jatiyo Sangsad dated 18.06.2012 that a......of judicial review of actions which partake the character of judicial or quasi-judicial decision; (c) The expediency and necessity of exercise of power or privilege by the legislature are for the determination of the legislative authority and not for determination by the court; (d) The judic..Category: Constitutional Law | Date: 24 Jul, 2012 | Hits: 236
Nalu Vs. State, 2012, 41 CLC (AD)
....e sentence of the death to one of imprisonment for life. Accordingly, Jail Petition No.09 of 2010 is dismissed with the modification of sentence. Ed. This Case is also Reported in: ......ath is not only an unusually severe punishment, unusual in its pain, in its finality, and in its enormity, but it serves no penal purpose more effectively than a less severe punishment, therefore the principle inherent in the Clause that prohibits pointless infliction of excessive punishment when le...... his reference and dismissing his jail appeal. 2. Facts, leading to the jail petition, in a nutshell, are as follows: On 13.05.2005 at about 5.30 p.m. the victim Emran Ali, nephew of the informant Md. Hazrat Ali of Ukia Village under P.S. and District-Manikgonj, was watching television in......e sentence of the death to one of imprisonment for life. Accordingly, Jail Petition No.09 of 2010 is dismissed with the modification of sentence. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: 22 Jul, 2012 | Hits: 111
Abdur Rashid Akanda Vs. Md. Raisuddin and others, 2012, 41 CLC (HCD)
.... revisional application in appropriate motion bench immediately. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 81 & 21 BLT (HCD) (2013) 1 ......itioner Vs. Md. Raisuddin and others................Plaintiff-Respondent-Opposite-Parties Judgment July 12, 2012. Result: The rule is made absolute. It is a settled principle of law that question of limitation is a mixed question of facts and law and needs to be se......uestion of limitation is a mixed question of facts and law and needs to be settled only upon taking evidence and further in terms of the decisions of the superior courts, a litigant should not suffer for wrong advice of his learned Lawyer and so the plaintiff is entitled to get benefit of secti...... revisional application in appropriate motion bench immediately. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 81 & 21 BLT (HCD) (2013) 1 ..Category: Limitation Law | Date: 12 Jul, 2012 | Hits: 18
City Bank Ltd Vs. Labour Appellate Tri¬bunal and others, 2012, 41 CLC (HCD)
....xpected to take care of the unnecessary delay, if any, attempted by the petitioner in disposal of the appeal pending before him. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 471 ......on for registration filed by the respondent No. 4 against which the respondent No. 4 has preferred BLL Appeal No. 199 of 2010 where the petitioner bank wanted to be added as party. 17. The basic principle of law for addition of party in a proceeding particularly which is of civil nature is that......pellate Tribunal, Dhaka in Appeal No. 349 of 2011 affirming the order dated 8-4-2011 passed by the respondent No.2, 2nd Labour Court, Dhaka in BLL(Appeal) Case No.199 of 2010 rejecting an application for addition of party filed by the petitioner for being added as respondent No. 2 in the said BLL Ca......xpected to take care of the unnecessary delay, if any, attempted by the petitioner in disposal of the appeal pending before him. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 471 ..Category: Constitutional Law, Labour and Industrial Law | Date: 7 Jul, 2012 | Hits: 2
Aslam @ Billal & another Vs. State, 2012, 41 CLC (HCD)
....ied that some tangible evidence can be offered which if left urebutted, may lead to the interference of guilt." 23. Alongside, I have taken into consideration the decision of the apex court guiding the discretion in the matter of granting bail. In 44 DLR (AD) 192 Shaikh shahidul Islam Vs. ......ph 13, it has been held "The powers to release ah accused-person on bail under section 498 CrPC are virtually unlimited and the question is entirely one of discretion bearing in mind the general principle that in refusing bail it is generally necessary to see whether there are reasonable ground......lue in cases where the accuseds are unknown culprits and are Known only amongst their associates. In such cases it remains difficult to locate the other members of the gang except from the data and information available in the confessional statement....... (19) Since confessional statement is d...... brother Rezaul Hasan J, that this is not a case of ad interim bail. Accordingly, I reject the prayer for ad interim bail. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 130. ..Category: Criminal Law, Evidence Law | Date: 20 Jun, 2012 | Hits: 10
Golam Kibria (Md.) Vs. Bangladesh, 2012, 41 CLC (HCD)
....exure-A and A1) to the extent to 30% quota, if he is otherwise not disqualified. There is no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 148 ......n to Mitigate the Rigours of Strict Law- The doctrine of promissory estoppel has been variously called 'equitable estoppel', 'quasi estoppel' and 'new estoppel'. It is a principle evolved by equity to avoid injustice and through commonly named 'promissory estoppel&#......sult: The Rule is made absolute. The Applicability of the Doctrine of Legitimate Expectation- The Doctrine of Legitimate Expectation is only an aspect, which does not give rise to an enforceable right but only provides that the action taken by the authority while dealing with the citi......exure-A and A1) to the extent to 30% quota, if he is otherwise not disqualified. There is no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 148 ..Category: Administrative Law | Date: 19 Jun, 2012 | Hits: 3
Kabir Ahmed Vs. Korban Ali and others, 2012, 41 CLC (AD)
....parison of the disputed thumb impression in question shall also stand rejected. The appeal is dismissed with the above. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 130. ......parison of the disputed thumb impression in question shall also stand rejected. The appeal is dismissed with the above. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 130. ......idullah, Advocate-on-Record- For Respondent No.1. Not represented-For Respondent No.2. Civil Appeal No.51 of 2007. Judgment Surendra Kumar Sinha J. - Defendant is the appellant before us and he has challenged an order of the High Court Division allowing the plaintiffs prayer fo......tion and, therefore, the said order had attained into finality. 4. The deed of gift alleged to have been executed by Abdur Rashid, the predecessor of the plaintiff, is a vital document for the determination of real controversy in the suit, inasmuch as, the defendant is banking his claim in t..Category: Procedural Law | Date: 12 Jun, 2012 | Hits: 8
Kazim Uddin (Md.) Vs. Government of Bangladesh, 2012, 41 CLC (AD)
....ade before, we do not find any substance in this petition. Accordingly the civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 121. ......go to the Administrative Tribunal unless the Government takes a decision in the matter which was evidently in the exercise of its revisional power under Section 7A of the Ordinance. 17. The principle expounded in the case referred to above does not apply to the facts and circumstances......(AD) 157. Lawyers Involved: Azizul Hoq, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Petitioner. None represented—For the Respondent. Civil Petition for Leave to Appeal No.736 of 2009. (From the judgment and order dated 28-1-2009 passed by the ......ade before, we do not find any substance in this petition. Accordingly the civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 121. ..Category: Administrative Law | Date: 11 Jun, 2012 | Hits: 390
....
view of the above, it is evident, that there is no merit in this Civil Petition
for leave to appeal and hence it is dismissed.
Ed.
This Case is also Reported in: 9 ADC (2012) 832.
......e over
possession of 1.54 acres of land out
of writ-petitioner's 20 acres
lease-hold land without serving any notice upon the writ petitioners have been
illegal and also in violation of the principle of natural justice.
11.
We do not find any wrong or illegality in the above findings....... Sufia Khatun, Advocate-on-Record—For
the Petitioners.
Mustafa Niaz
Muhammad, Senior Advocate instructed by Md. Zahirul Islam,
Advocate-on-Record—For the Respondents.
Civil Petition for
Leave to Appeal No.1170 of 2012.
(From
the judgment and order dated 02.02.2011 passed by ......
view of the above, it is evident, that there is no merit in this Civil Petition
for leave to appeal and hence it is dismissed.
Ed.
This Case is also Reported in: 9 ADC (2012) 832.
..
Category: Procedural Law | Date: 7 Jun, 2012 | Hits: 5
Grameen Telecom Vs. Commissioner of Taxes, 2012, 41 CLC (HCD)
....istrar, Supreme Court of Bangladesh is directed to take step under section 161(2) of the Income Tax Ordinance, 1984. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 241 ......nder:— In the instant case the provision of the section 28 cannot be applied inasmuch as the limitation of 6 years expired prior to promulgation of the new Act, 2003..." The same principle is also applicable in this case which means that section 28(4) of the Ain, 2003 cannot be ......d Nokia cellular handsets to the Grameen Phone Limited, another company. It also sells Grameen Phone products on commission basis under dealership agreements. The assessee filed its income tax return for the assessment year 1998-1999 showing its income at a net loss of Taka 3,12,93,506 before the De......lating to not accepting of bridge loan of Taka 3 crore and treating said amount as income from other sources under section 19(1) of the Ordinance. 23. This question basically depends on the determination of facts. 24. There is no dispute that the assessee-applicant claimed to have obt..Category: Fiscal/Taxation Law | Date: 3 Jun, 2012 | Hits: 4
Mehedi Hasan @ Modern (Md.) and others Vs. State, 2012, 41 CLC (AD)
....000 each in default to suffer rigorous imprisonment for 3(three) months more. The Jail Petition is disposed of accordingly. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 111. ......used the prohibited consequence of a crime, the fact that the accused did not foresee the precise way in which those circumstances occurred does not affect his criminal liability. 11. This principle is illustrated in RV Pitts (1842) C&M284 as under: "If Y, under apprehension......ah J, I agree with the conclusions arrived at by my learned brother but since a vital question of law is involved in this appeal, I would like to express my own opinion. 3. Though facts relevant for the disposal of the question involved in these appeals have been exhaustively narrated by my lea......hat a child is not sent to jail custody in violation of the law. 116. The way to assess the age is clearly spelt out in section 66, which provides as follows: "66. Presumption and determination of age.- (1) Whenever a person whether charged 'with an offence or not, is brought..Category: Criminal Law, Women and Children | Date: 3 Jun, 2012 | Hits: 30
Bangla Phone Limited Vs. Huawei Tech Investment Ltd. and another, 2012, 41 CLC (HCD)
....the service rendered by the respondent company to the petitioner may be finally adjudicated by the SIAC Arbitration. However, there shall be no order as to costs. This Case is also Reported in: ......the service rendered by the respondent company to the petitioner may be finally adjudicated by the SIAC Arbitration. However, there shall be no order as to costs. This Case is also Reported in: ......er (DDCSP), operating with utmost goodwill and high reputation. The petitioner company implemented its project by the equipments supplied by the respondent No.1 upon the request dated 27.11.2005 made for the supply and implementation of the Contract for NGN, Optical Transmission and datacom Equipmen......behalf of the respondent No. 2 it has been asserted that they issued legal notice to the counsel of the instant petitioner wherein it was stated that the SIAC Arbitration Case No. 182 of 2011 and its determination date is 8.2.2012 and the counsel have exchanged letter for the appointment of the arbi..Category: Arbitration Law | Date: 3 Jun, 2012 | Hits: 61
.... from the date of receipt of a certified copy of this judgment and order.
Communicate this judgment and order at once.
Ed.
This Case is also Reported in: 65 DLR (HCD) (2013) 478
......bitrarily and illegally issued the impugned order without serving any notice under Section 55(1) of the Act leaving the petitioner without any opportunity to defend his case. Therefore, violating the principle of natural justice the respondent No. 3 issued the impugned order which is to be declared ......s to this Court may seem fit and proper.
2. The facts in the writ petition in short are that the petitioner, a Private Limited Company represented by its Managing Director, established a factory for manufacturing Float Glass by using silica sand, the main raw material, as available in the count......pondent No. 1 has been challenged by filing an appeal before the Tribunal, which is still pending for disposal. It is incumbent upon the Tribunal to conclusively decide the matter upon a due and fair determination of the issues raised in appeal upon the petitioner being heard. During pendency of the..
Category: Fiscal/Taxation Law | Date: 30 May, 2012 | Hits: 3
Bimal Chandra Sen Vs. Md. Waliullah Chowdhury and others, 2012, 41 CLC (AD)
....appeal is allowed and the impugned judgment and order of the High Court Division is set-aside, there will be no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 97. ......title in the land involved in the case on the basis of purchase from said Dolly Rani Sen by registered kabala and thus, it is clear that he did not make any claim through the testator. Therefore, the principle of law enunciated in the said two cited cases is squarely applicable to the instant case a...... in her favour by virtue of an unregistered Will dated 22-3-1969. The Will was probated on 25-5-1986. The appellant herein filed an application under section 263 of the Succession Act, 1925 (the Act) for revocation of the Will as probated in the said probate case impleading Dolly Rani Sen alias Doll......appeal is allowed and the impugned judgment and order of the High Court Division is set-aside, there will be no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 97. ..Category: Civil Law | Date: 30 May, 2012 | Hits: 47
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