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BRAC Bank Ltd Vs. Multimode Ltd, 2013, 42 CLC (HCD)
....s plaintiff was entitled. 7. Learned Judge decreed the suit as aforesaid. 8. Mr. Asaduzzaman, learned Advocate, appearing for the defendant-appellant, submits that, the impugned judgment is totally a wrong judgment as the learned Judge failed to consider that it is cardinal principle of la......imited Vs. S.K. Dey, 44 DLR (AD) 104, natural justice wherein it is held as 'natural justice in a case of disciplinary proceeding. In a case of disciplinary proceeding against an employee, in the absence of statutory rules, the employee must be given prior notice of the proceeding so that he get......bmits that there being no clause in the agreement for prior notice for 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 fu..Category: Contract Law | Date: 12 Dec, 2013 | Hits: 0
Abdul Quader Mollah Vs. Chief Prosecutor, International Crimes, Tribunal, Dhaka, 2013, 42 CLC (AD)
....of the Act of 1973 before this Division. After the disposal of the appeals, the judgment has attained finality and it cannot be challenged by resorting to the constitutional provision, which has totally been ousted by the Constitution (Fifteenth Amendment) Act, 2011 and the Constitution (First ......point about the maintainability of review petitions. According to him, in view of Article 47A (2) of the Constitution, review petitions are not maintainable from the judgment of this Division, in the absence of any provision for review in the Act XIX of 1973. It is contended that against a convictio......eant for doing justice and must be deemed to possess as a necessary corollary as inherent in their constitution all the powers to achieve the end and undo the wrong. It does not confer any additional jurisdiction on the Court; it only recognises the inherent powers which it already possesses. 1..Category: International Crimes Tribunal Law | Date: 12 Dec, 2013 | Hits: 15
State Vs. Md. Ibrahim Ali, 2013, 42 CLC (AD)
.... to the period already undergone by him. In the result the appeal is allowed with the modification of sentence as aforesaid. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 33. ......ld be framed against the accused in respect of the facts proved. Section 232 of the Code of criminal Procedure provides that even where an accused convicted of an offence was misled in his defence by absence of a charge or by an error in the charge, the Appellate Court or the Revisional Court shall ...... to the period already undergone by him. In the result the appeal is allowed with the modification of sentence as aforesaid. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 33. ..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)
....Ahamed and Jashim Uddin. They also snatched taka 4,970/=from Jashim Uddin and took away a coloured television, tape recorder, wrist watch, valuable attires and utensils from his house causing loss of total taka 51470/=. The inhabitants of the house raised hue and cry to which the neighbors and local...... 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: ......nt and order of acquittal it does not appear that the trial Judge in passing the same committed any miscarriage 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. ..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. ......Judge will appoint temporarily a Joint District Judge to continue function of Artha Rin Adalat. So for the purpose of functioning of Artha Rin Adalat to be more particular to hold the trial jurisdiction lies with the Joint District Judge. Section 41 of Ain clearly says that the District Ju..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: ......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: ......ts that imposing VAT upon the respondent No.7 as well as upon the students of Zahurul Islam Medical College @ 4.5% payable from 01.07.2007 is illegal, arbitrary, malafide, discriminatory and without jurisdiction being in contravention of Articles 15 and 19 of the Constitution of the People’s Re..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
......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
......e provisions of Specific Relief Act and not in the contemplation of any of the provisions of the Act, 2006 and, as such, entertaining and/or registering of the BLA case was not legal and without jurisdiction and thus was liable to be dismissed in limine.
7. The Chairman of the labour Court..
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)
....e absolute because no formal order of confirmation of sale has been passed by the learned District Judge. 19. In paragraph 8 of the Supplementary Affidavit, the petitioners stated that they paid total Taka 22, 24,000 upto 2-11-2010 towards payment of loan payable to HBFC. 20. The auction t......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. ...... that a revisional application 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 impugne..Category: Civil Law | Date: 17 Nov, 2013 | Hits: 17
Golam Sarwar Vs. Commissioner of Taxes, 2013, 42 CLC (HCD)
....e-2, Chittagong (shortly, the Inspector) and on taking information came to know about the ex-parte assessment. Thereafter, he obtained certified copies of the assessment orders. The ACT estimated the total income of the assessee at Taka. 5,41,440; 5,41,440 and 9,58,905 for the assessment years 1996-......ative of deceased Alhaj Golam Mowla. As Alhaj Golam Mowla had died leaving three other legal heirs, the assessee-applicant ought not to have been made the sole legal representative of the deceased in absence of any proof that the assessee was administrating the estate of the deceased. Thus, the asse......cant that if the deceased was not an assessee prior to his death, assessment cannot be made by the DCT/the ACT against his legal representative. 17. We have already seen that the DCT/the ACT had jurisdiction to .initiate proceeding for the purpose of assessment, even where the deceased was not ..Category: Fiscal/Taxation Law | Date: 14 Nov, 2013 | Hits: 4
AKM Mosharraf Hossain Vs. State & another, 2013, 41 CLC (HCD)
....xecution of his contract with the Government. It has been also alleged that the convict-appellant received Taka 2,89,130.61 towards pay and allowances, Taka 2,75,319 towards Foreign Tours and the sum total of which is amounting to Taka 5,64,449.61. It has been further alleged that the convict-a......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 ......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 ..Category: Anti-Corruption Laws, Criminal Law | Date: 10 Oct, 2013 | Hits: 3
SM Redwan Vs. Md. Rezaul Islam and others, 2013, 42 CLC (AD)
....Criminal Appeal No.30 of 2004, facts; relevant for 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 exec......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. ......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. ..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.
......mentary affidavit-in-opposition dated 29-4-2013 which clearly reads tos this Court as a unilateral document not in conformity with the provisions contained in section 12(5ক) of the Ain. In the absence of satisfaction of the Magistrate and a report thereof as to who handed over such possession...... firstly, is whether any illegality or irregularity has been committed by the respondents bank in holding auction and secondly, whether this Court can interfere with such auction sale under writ jurisdiction where a right has apparently accrued in favour of a third party auction purchaser.
..
Category: Others, Procedural Law | Date: 8 Oct, 2013 | Hits: 8
Moulana Abdul Hakim (Md.) Vs. Government of Bangladesh and others, 2013, 42 CLC (HCD)
....earlier dismissal order but clearly was overtaken by supervening events, most notably by the petitioner's reinstatement on 30-7-2009. That supervention, this Court finds, must operate to the total exhaustion of that earlier episode of disciplinary action taken against the petitioner. In oth......rson of an executive discretion as distinct from a discretion which is required to be exercised judicially? " (Emphasis added by Ms Court) 17. Sir John Donaldson's view that in the absence of legislation certain bodies must not continue to be "cocooned" from judicial gaz......agmatic view is instead to analyze the type of function performed by any decision-making body as can be made amenable to judicial review. 6. Tracing such jurisprudential development in this jurisdiction through cases like Zakir Hossain Vs. Bangladesh reported in 55 DLR 130, Farzana Moazzem..Category: Administrative Law, Constitutional Law | Date: 3 Oct, 2013 | Hits: 2
AA Engineering Limited Vs. University of Khulna, 2013, 42 CLC (AD)
....nation of the value of the service rendered in every case, the NBR in exercise of its power under section 5(4) of the Act has determined that VAT will be realized at the rate of 4.5% of the total amount billed by the construction contractor. Thus clause 1.10 of the General Rules does not s......ve. The burden of the tax has been temporarily fixed on the service Tenderer for the facility of collection of tax and prevent avoidance of tax and there is no bar in the service renderer in the absence of contract to the contrary to reimburse it from service receiver who has to ultimately......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. ..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 ......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 ......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
....oner, shall not be declared to have been passed without lawful authority and were of no legal effect and as to why the writ-respondents shall not be directed to refund Taka 3,44,99,179 being the total standing to the credit of the writ-petitioner as balance in the current account register ......no reason and logic, he could just sit over the matter.
With the above observations, this petition is dismissed.
Ed.
This Case is also Reported in: 20 BLC (AD) (2015) 143
......no reason and logic, he could just sit over the matter.
With the above observations, this petition is dismissed.
Ed.
This Case is also Reported in: 20 BLC (AD) (2015) 143
..
Category: Fiscal/Taxation Law | Date: 24 Sep, 2013 | Hits: 9
Government of Bangladesh Vs. Md. Abdul Maleque Miah and 7 anothers, 2013, 42 CLC (AD)
....allowed and the impugned judgment and order is set aside with the observations made in the body of the judgment. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 167 ......allowed and the impugned judgment and order is set aside with the observations made in the body of the judgment. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 167 ......orders of the Administrative Tribunal executed within a reasonable time." Having regard to the decision reported in 44 DLR (AD) 111 in the case of Majibur Rahman Vs. Bangladesh, declaring bar of jurisdiction in respect of terms and conditions of service of persons in the service of the Republic..Category: Administrative Law, Constitutional Law | Date: 17 Sep, 2013 | Hits: 3
ATM Nazimullah Chow¬dhury Vs. State & another, 2013, 42 CLC (HCD)
....alam Azad that he had to sign the monthly pay bills of Jewel Miah and Selim Parvez posing himself either as Jewel Miah or as Selim Parvez under the directive of the accused-Ambassador. Given the totality of the evidence on record and in the facts and circumstances of the case, it is ex-facie cl......eps to secure his arrest. Let the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 500. ......eps to secure his arrest. Let the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 500. ..Category: Criminal Law, Procedural Law | Date: 1 Aug, 2013 | Hits: 5
....tions in order to be registered as a political party. Article 90B(1)(ii) of the RPO states that a party shall be eligible for registration in the event that it:
Secured five percent of total votes cast in constituencies in which its candidates took part in any of the aforesaid parliam......not a mere anticipation or a wish or hope and also must be reasonable in the circumstances.
v) Judicial review may allow such a legitimate expectation and quash the impugned decision even in the absence of a strict legal right unless there is an overriding public interest to defeat such an expe...... of locus standi of the petitioners; (ii) as to whether the petitioners within the realm of PIL, as a citizen can invoke the doctrine of legitimate expectation; (iii) as to whether this Court has the jurisdiction to look into the facts and laws involved, as claimed, that the issue of compliance to A..
Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 10
....th all the emphasis at our command that public interest litigation which is a strategic arm of the legal aid movement and which is intended to bring justice within the reach of the poor masses...is a totally different kind of litigation...it is intended to promote and vindicate public interest which...... petition for enforcement of the fundamental rights of bonded laborers. Both Indian and Pakistan Supreme Court, in extending traditional rule of standing, obviously enjoyed the added advantage of the absence of the qualifying phrase "person aggrieved" in their respective constitution. Wher......ability to afford the huge expense of litigations, get access to justice and do not lose confidence in the rule of law. Articles 226 and 32 of the Indian constitution which confer jurisdiction upon the High Courts and the Supreme Court respectively to issue writs, orders, directi..
Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 11
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