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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: ......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: ......n the lower Courts’ records and communicate the judgment. Muhammad Abdul Hafiz J.- I agree. Ed. This Case is also Reported in: ......party 1. Criminal Revision No.823 of 2012 with Criminal Revision No. 826 of 2012 Judgment Md.Ruhul Quddus J.- These two Rules between the same parties involving common questions of facts and law have been heard together and are being disposed of by one judgment. ..Category: Civil Law | Date: 21 Jan, 2014 | Hits: 111
Abdul Hakim (Md.) Vs. Md. Nazrul Islam and others, 2014, 43 CLC (AD)
....er appreciation of law and fact do not call for interference. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 157. ......tshell, are: The leave petitioner as the pre-emptor filed Pre-emption Case No.5 of 2000 in the Court of Senior Assistant Judge, Nandail, Mymensingh claiming pre-emption right over 24 decimals of land described in the schedule to the application for pre-emption under section 96 of the State Acqu...... is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 157. ......er appreciation of law and fact do not call for interference. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 157. ..Category: Property Law | Date: 20 Jan, 2014 | Hits: 44
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 ...... 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 ......;ceed 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 ......ared in person when his revisional application was moved. Clearly the High Court Division ought not to have 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 ..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. ......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. ......der as to costs. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 243. ......n under section 160 of the Income Tax Ordinance before the High Court Division stating that the Taxes Appellate Tribunal has illegally fixed gross profit at the rate of 20% instead of 11.77% the question of law under reference was couched in the following terms: "Whether in the facts ..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 ......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 ......discharged. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 48 ......cancellation of the contract, cancellation having been done in accordance with the terms of the agreement and being in exclusive jurisdiction of the defendant, as such termination cannot be called in question. Learned Advocate further submits that in the termination letter plaintiff was not given an..Category: Contract Law | Date: 12 Dec, 2013 | Hits: 0
Abdul Quader Mollah Vs. Chief Prosecutor, International Crimes, Tribunal, Dhaka, 2013, 42 CLC (AD)
.... For the reason stated above, we find no merit in these review petitions. The petitions are accordingly dismissed on merit. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 289. ......Khan Vs. Collector Estate Duty, 14 DLR (SC) 276. 20. In the above cited case of Seraj Uddin Ahmed, a writ petition was filed challenging an order of cancellation of lease in respect of a plot of land in Mohammadpur Housing Estate and allotting the same to writ respondent Nos.7 and 8. The High C...... these review petitions. The petitions are accordingly dismissed on merit. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 289. ......n appeal. It is because a vested right in the categories of the persons mentioned in section 21 to avail of the remedy of appeal is given. This is a statutory right and the appeal is one in which the question will be whether the judgment of the Tribunal from which the appeal is sought was right on t..Category: International Crimes Tribunal Law | Date: 12 Dec, 2013 | Hits: 15
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: ...... 2. The petitioner lodged an ejahar with Sonaimuri Police Station on 04.02.2001 against opposite parties 1-20 and another alleging inter alia that he had enmity with the said opposite parties over a land dispute. On 15.01.2001the opposite parties 1-20 and their accomplices demanded him to pay subsc...... 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: ...... 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: ..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. ......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. ...... suit immediately in accordance with law. Communicate at once. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 131. ......m nonjudice. Further publication of the notice which is under challenge also cannot be sustained. 11. Be that as it may we are not required to dwell upon the other points with emphasis since the question of Coram non judice as already discussed has been well proved. That being the posi..Category: Administrative Law, Banking Law | Date: 20 Nov, 2013 | Hits: 6
....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
......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
...... 2011 pending before the First Labour Court, Dhaka is hereby quashed.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 313
......ter to be referred as the Act, 2006) impleading the present petitioners as second party praying for a declaration that second party-petitioners had no authority to hold election of the trade union in question to be held on 15-10-2011 stating inter alia that as per article 23 of the constitution of t..
Category: Labour and Industrial Law | Date: 18 Nov, 2013 | Hits: 5
Abdul Momen Bhuiyan and others Vs. District Judge, Dhaka and others, 2013, 42 CLC (AD)
....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. ......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. ...... is set-aside. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 98. ...... lies against the order impugned before the High Court Division and that availability of alternative remedy by way of revision will not stand in the way of invoking writ jurisdiction raising purely a question of law or interpretation of statute and, as such, the impugned judgment should be set-aside..Category: Civil Law | Date: 17 Nov, 2013 | Hits: 17
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 ......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 ......rdinance, 1984. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 350; 2 CLR (HCD) (2014) 301; 23 Karadalat (HCD) (2014) 15 ......da Jaigirdar J Golam Sarwar......................Appellant VS. Commissioner of Taxes....................Respondent Judgment November 14, 2013 Result: No answers to questions (b) and (c). The appeals are remanded to the Tribunal to decide part of question (a) ..Category: Fiscal/Taxation Law | Date: 14 Nov, 2013 | Hits: 4
Zakir Hossain and another Vs. Md. Shahnewaz and others, 2013, 42 CLC (AD)
....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. ......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. ...... is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 98. ...... we find that the learned Advocate for the petitioners has not raised this question before the High Court Division. Therefore, the High Court Division did not have the opportunity to address the question now raised by the learned Advocate for the petitioners. 15. The findings arrived at an..Category: Procedural Law | Date: 10 Oct, 2013 | Hits: 12
Ali Amjad Khan (Md.) Vs. Md. Habibullah Dawn & others, 2013, 42 CLC (AD)
.... Court, Dhaka allowing Miscellaneous Case No.19 of 2011 arising out of Title Suit No.103 of 2004 renumbered as Title Suit No.2725 of 2008 and directing the petitioner (decree-holder) to hand over the possession of the suit land to respondent No.1 immediately. 2. The facts leading to this petiti......Miscellaneous Case No.19 of 2011 arising out of Title Suit No.103 of 2004 renumbered as Title Suit No.2725 of 2008 and directing the petitioner (decree-holder) to hand over the possession of the suit land to respondent No.1 immediately. 2. The facts leading to this petition for leave to appeal,......ed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 28. ......iation of law and fact do not call for interference. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 28. ..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. ...... the disposal of the appeal are that the respondent No.1 (hereinafter referred to as the respondent) 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 n......ed with the cases in accordance with law. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 169. ......urt Division in Criminal Miscellaneous Case Nos.2788 of 2000 and 5752 of 1999. Judgment Hasan Foez Siddique J. - These two appeals being Criminal Appeal Nos.30 and 31 of 2004 involve a pure question of law as to the applicability of section 138 of the Negotiable Instruments Act, 1881 ..Category: Criminal Law, Others | Date: 9 Oct, 2013 | Hits: 12
....s that though the Respondent No. 2 sometimes admits that the properties have been auction sold and at other times denies having so sold the same, in reality the properties are still in exclusive possession of the petitioner wherein he lives. The alleged auction disclosed by the Respondent No. 2...... and proper.
2. Facts necessary for disposal of the Rule, in abridge, is that the petitioner took loan of Taka 3 lakh from the Respondents, Agrani Bank Ltd. creating mortgage of 6½ bighas land including his homestead as security against loan, the price of the mortgaged properties would b......ate a copy of the judgment to the bank concerned at once.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 50.
...... giving a reasonable time to the borrower asking him whether he (the borrower) is willing or agreed to purchase and or take delivery of the property at a price quoted by the bidders and avoiding question of arbitrariness to be raised at any subsequent point of time. But in the instant case the ..
Category: Others, Procedural Law | Date: 8 Oct, 2013 | Hits: 8
Moulana Abdul Hakim (Md.) Vs. Government of Bangladesh and others, 2013, 42 CLC (HCD)
....ed of with the directions above. 43. There is no order as to costs. Communicate this judgment and order forthwith. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 83 ...... notion has long given way to the importance attached rather to the nature of the function that such body discharges or engages in. It is in that regard, discussing at length the judgment in the landmark case of R. Vs. Panel on Takeovers and Mergers, ex parte Data fin PLC and another ("Dat...... as to costs. Communicate this judgment and order forthwith. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 83 ......s: "Of course the source of the power will often, perhaps usually, be decisive. If the source of the power is a statute, or subordinate legislation under a statute, then clearly the body in question will be subject to judicial review. If, at the other end of the scale, the source of power ..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. ......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. ......ned judgment and order. The leave petition is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 204. ......red cheque and also for declaration that he (the complainant) was not entitled to encash the cheque given by him on 16-1-2011, so in all fairness, the further proceedings of the Sessions case in question ought to have been stayed till the disposal of the money suit which is till pending, b..Category: Criminal Law | Date: 3 Oct, 2013 | Hits: 5
AA Engineering Limited Vs. University of Khulna, 2013, 42 CLC (AD)
....thout deducting therefrom any amount on account of VAT. Khulna University is under the obligation to pay VAT in the instant case. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 19. ...... The informed interpretation rule requires that an Act is to be interpreted in the light of such official rulings. Example 232.2 The House of Lords had regard to a press release issued by the Inland Revenue on 14 June 1978 in relation to the tax treatment of scholarships awarded by employers t......se. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 19. ......f ejusdam generis to mean a direct tax of the kind similar to income tax and super tax and the High Court Division committed error of law in holding otherwise." 11. Before addressing the questions raised in this appeal, it is necessary to go through the material finding of the High..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)
....e plaintiff-petitioner. 13. Hence, in the result the Rule is disposed of without any order as to costs with a direction to the parties concerned to maintain status-quo in respect of position and possession of the suit land till disposal of the original suit on merit. 14. The learned trial ......a leaving the Ashrom on 1st September, 1946 AD went to Deoghor of Bihar Province in India. He never returned back to Pabna and as a result the Government of the then East Pakistan acquired the entire land of Hemayetpur Ashrom and established a 'Mental Hospital' there. For that reason the dev......ed in: 67 DLR (HCD) (2015) 110 ......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 ..Category: Civil Law, Procedural Law | Date: 26 Sep, 2013 | Hits: 3
Bakhrabad Gas System Limited Vs. Al Masud-ar-Noor and others, 2013, 42 CLC (AD)
....appointed after the coming into effect or force of the same. With the above observations, the petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 187. ......appointed after the coming into effect or force of the same. With the above observations, the petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 187. ......ervations, the petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 187. ...... November, 2011 passed by the High Court Division in Writ Petition Nos.8079 and 9063 of 2010). Judgment Md. Abdul Wahhab Miah J. - These two leave petitions, facts are similar and common of question law being involved, have been heard together and are disposed of by this common judgment. ..Category: Employment/Service Law | Date: 26 Sep, 2013 | Hits: 12
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