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SM Siddiqur Rahman, Advocate Vs. Anti-Corruption Commission and others, 2011, 40 CLC (HCD)
....riginal jurisdiction challenging any action of the respondent or order in connection with the criminal case. Accordingly, she contends that, since admittedly the petitioner has been a fugitive from justice at the time the Rule was issued is barred from seeking any protection of law. Accordingly,......dmittedly the petitioner has been a fugitive from justice at the time the Rule was issued is barred from seeking any protection of law. Accordingly, she submits that it is liable to be discharged accordingly. 2. Pursuant to the order dated 16-11-2011 this item appeared in the list on 17-11-20......………Petitioner Vs. Anti-Corruption Commission and others…………………………Respondents Judgment November 27, 2011. Result: The Rule is discharged. Case Referred to- Anti-Corruption Commission Vs. Dr. HBM Iqbal Alamgir, 15 BLC (AD) 45. Lawyers Involved: ......n with the criminal case. Accordingly, she contends that, since admittedly the petitioner has been a fugitive from justice at the time the Rule was issued is barred from seeking any protection of law. Accordingly, she submits that it is liable to be discharged accordingly. 2. Pursuant to the ..Category: Procedural Law | Date: | Hits: 104
Johura Khatun and others Vs. Sajed Ali Khan and others, 2009, 38 CLC (HCD)
....tion etc., most illegally and in an unlawful manner passed the impugned Judgment and Order and thereby the revisional Court committed an error of an important question of law occasioning failure of justice. He submits that the revisional Court on misconception and by misinterpretation of the law a......has been availed of by filing Title Suit No.17 of 2006 for setting the Judgment and decree passed in Title Suit No.7 of 1956 on the ground of fraud in obtaining the said decree the revisional Court accordingly not allow such prayer and by the impugned Order dated 4-3-2007 rejected Civil Revision N......…………Petitioners Vs. Sajed Ali Khan and others……………………………Opposite Parties Judgment July 21, 2009. Result: The application is allowed. Cases Referred to- 13 BLD (AD) 277; 11 MLR (AD) 58; 32 DLR (AD) 167; 19 DLR (SC) 433. Lawyers Involved: Lu......essor in interest of the petitioners are different. The defendants contested the suit and ultimately the trial Court after hearing the parties, considering the facts and circumstances, provision of law, evidence both oral and documentary decreed the suit in preliminary form vide Judgment and dec..Category: Procedural Law | Date: | Hits: 94
Chittagong Dry Dock Ltd. Vs. Commissioner of Taxes, 2012, 41 CLC (HCD)
....ervations made in the body of the Judgment. The Registrar is to take steps under section 161(2) of the Income Tax Ordinance, 1984. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 412. ......34,16,344, office entertainment expenditure amounting to Taka 2,14,077 and refused to set off the interest from FDR against the carry forward depreciation of the previous years which were allowable according to the provisions of sections 29, 30(e) and 37 of the Ordinance and rule 65 of the Income ......……………………….Applicant Vs. Commissioner of Taxes, Taxes Zone-3, Chittagong……………………………Respondent Judgment May 17, 2012. Result: The Registrar is to take steps under section 161(2) of the Income Tax Ordinance, 1984. Lawyers Involved: Sarder...... the appellate order preferred second appeal before the Taxes Appellate Tribunal (the Tribunal, in short) and the Tribunal without considering the facts and circumstances of the case as well as the law disallowed leave pay and gratuity amounting to Taka 34,16,344, office entertainment expenditure ..Category: Fiscal/Taxation Law | Date: | Hits: 107
Nazrul Islam (Md.) Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....le proceedings stands abated. On many occasions the petitioner approached to the respondents to release his property but with no effect. Lastly, on 16-8-2000, the petitioner served notice demanding justice to the respondents (Annexure-E) asking them to refrain from acquisition and requisition of h......onstruction of Commissionerate Office, residential quarters, Customs Godown, Motor Garage, Car Parking, etc., the said proposal was accepted by the District land allotment committee on 1-7-1996 and accordingly, LA Case No.22 of 1996-97 was started for acquisition of land, covering an area of 7.88 ......le is made absolute. The Acquisition and Requisition of Immovable Property Ordinance, 1982 (Ordinance No. II of 1982), section 3 The law of acquisition gives the Deputy Commissioner the power to acquire property in the likelihood of two situations. First, if the property is needed. Or, if th......ndents Judgment April 25, 2007. Result: The Rule is made absolute. The Acquisition and Requisition of Immovable Property Ordinance, 1982 (Ordinance No. II of 1982), section 3 The law of acquisition gives the Deputy Commissioner the power to acquire property in the likelihood of ..Category: Property Law | Date: | Hits: 62
Abul Hasnat Bepari Vs. Md. Hasan Ali, 1987, 16 CLC (HCD)
....ings in C.R. Case No.121 of 1985 now pending in the Court of Upazila Magistrate, Taherpur is quashed. Qazi Shafiuddin J. - I agree. Ed. This Case is also Reported in:39 DLR (HCD) (1987) 375. ......ings in C.R. Case No.121 of 1985 now pending in the Court of Upazila Magistrate, Taherpur is quashed. Qazi Shafiuddin J. - I agree. Ed. This Case is also Reported in:39 DLR (HCD) (1987) 375. ......ming himself as Chairman of Mamudpur Fishermen’s Co-operative Society on 30.09.85 filed a complaint before the Upazila Magistrate, Taherpur alleging, inter alia, that the accused petitioner used to take fish from the Samabaya Samities of Tanguar Haor group of fisheries for sale at Swarighat, Dh......………………….Opposite-Party Judgment June 21, 1987. Result: The Rule is made absolute. If the complaint does not disclose any offence, it will be an abuse of the process of law...................................(7) Lawyers Involved: Nasiruddin Chowdhury, Advocate-For..Category: Civil Law | Date: | Hits: 144
Rajdhani Unnayan Kartipakha (RAJUK) Vs. Eunus Ali & others, 2012, 41 CLC (AD)
....he suit land was acquired on 16-6-1988 the suit stood barred by law at least from 16-6-1988 and the ex-parte judgment dated 25-10-2009 of the High Court Division has seriously occasioned a failure of justice and the same is liable to be set-aside. 3.The centering round a notice dated 30-4-2007 is......ined in Title Suit No.464 of 1985 was a nullity and consequently, the impugned judgment is set-aside without any order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 1. ......azrul Islam Bhtiiyan, Advocate-on-Record—For Respondent Nos. 1(a)-1(e). Not represented—Respondent Nos.2-7. Civil Appeal No.280 of 2010. (From the judgment and decree dated 14th day of October, 2009 passed by the High Court Division in Civil Revision No.3994 of 2007). Judgment Sye......K as proforma defendant thereof is a nullity. 2. As per section 44 of the Acquisition and Requisition of Immovable Property Ordinance, 1982, any suit challenging the acquisition of lands barred by law and since the suit land was acquired on 16-6-1988 the suit stood barred by law at least from 16-..Category: Property Law | Date: | Hits: 104
Md. Liton Bhuiyan @ Md. Liton Mia Vs. State, 2008, 37 CLC (HCD)
..... In the result, the Rule is discharged. Order of stay granted by this Court stands vacated. Communicate the order at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 323. ....... In the result, the Rule is discharged. Order of stay granted by this Court stands vacated. Communicate the order at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 323. ......This Case is also Reported in: 14 MLR (HCD) (2009) 323. ......osite Party Judgment August 28, 2008. Result: The Rule is discharged. A Sub-Inspector of Police or an Officer above has inherent power to investigate into an offence in accordance with law and he has also been specially empowered by section 36(1) of the Madak Drabya Niantran Ain to se..Category: Criminal Law | Date: | Hits: 90
Rashida Mahabub Vs. IFIC Bank & others, 2007, 36 CLC (HCD)
....ith the execution case in accordance with law. The order of stay stands vacated. Communicate the Judgment to the Adalat at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 78. ......ীয় ক্ষতি হইবে।” 4. On such prayer of the Bank, the Adalat, as executing Court, passed the impugned order dated 12-8-2003 allowing amendment of the execution application accordingly. 5. The petitioner claims that both flat Nos.C-5 and D-5, Building No.1, Easel Dream,......……Petitioner Vs. IFIC Bank & others……………………………Respondents Judgment September 16, 2007. Result: The Rule is made absolute in part. Cases Referred to- Abbasuddin Chowdhury Vs. Chandra Mohan Chowdhury, 18 DLR 535; Sahara Khatun Vs. Abdul Gafur @......sed by the petitioner and not by Judgment-debtor No.2 Mahbub Hossain Khan, husband of the petitioner. So, inclusion of the flats of the petitioner who is not a Judgment-debtor or guarantor is without lawful authority. The petitioner came to know from the auction sale notice published in the daily ne..Category: Civil Law | Date: | Hits: 136
Haji Mohammad Salim Ullah Vs. State and another, 2009, 38 CLC (HCD)
....e party No.2 may take shelter in the civil court and as such the continuation of the proceeding against the accused petitioner is an abuse of the process of court and liable to be quashed for ends of justice. 8. Mr. Abdul Baset Majumder the learned Advocate of the opposite party No.2, on the othe......nal Procedure. The Rule thus fails. In the result, the rule is discharged. The order of stay granted earlier shall stands vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 416. ......…Petitioner Vs. The State and another………………………………………Opposite Parties Judgment January 27, 2009. Result: The rule is discharged. Case Referred to- Nur Hossain (Md) Vs. State, 7 BLC 241. Lawyers Involved: Md. Aminul Islam - For the Pet......ly. Thereafter opposite party No.2 the deposed cheque on 08.08.2007 for encashment but the cheque was dishonoured as the fund was insufficient. Then he served a legal notice on 03.09.2007 through his lawyer requesting for the payment of the money and accused petitioner after receiving the notice did..Category: Criminal Law | Date: | Hits: 107
....However, the petitioner will be at liberty to give reply under section 55 of VAT Act as per notice dated 15th July, 2007(Annexure-B).
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 388.
......tions on the matter in issue and in due compliance with section 55 of the VAT Act delivered his judgment and decided that the petitioner on different counts evaded VAT amounting to Tk. 49,90,913/-and accordingly ordered the same to be paid by the impugned order and at the same time imposed supplemen......s Chairman, Segunbagicha, Dhaka and others………………………………………Respondent
Judgment
February 24, 2010.
Result:
The Rule is made absolute in part.
Case Referred to-
Ms. Camico Laboratories Ltd Vs. Government Bangladesh and others, 11 MLR (AD) 192.
Lawyers......er (Respondent No.2) to show cause under section 55(1) of the VAT Act as to why the punitive measures shall not be taken under section 37(2) of the Act should not be declared to be made/issue without lawful authority and of no legal effect.
2. The background leading to the petition, in short, is ..
Category: Fiscal/Taxation Law | Date: | Hits: 107
Saleha Khatoon @ Saleha Begum Vs. Abdur Rahman Kha, 2009, 38 CLC (HCD)
....k of or absence of jurisdiction of the learned appellate Court to entertain this kinds of appeal, and as such, in my opinion, the learned appellate court committed error in law occasioning failure of justice in passing the impugned judgment and decree which are liable to be set aside. 17. Accordi......ntained. The order of injunction at the time of issuance of the rule is hereby vacated. Send down the L.C. Records immediately. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 486. ...... Send down the L.C. Records immediately. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 486. ......r filing an appeal against the judgment and decree passed in Title Suit No.25 of 1998 and as such the filing of Title Appeal No.244 of 1999 by the defendant opposite party was a nullity in the eye of law and therefore the order of remand dated 08.08.2001 passed by the learned appellate Court was als..Category: Civil Law | Date: | Hits: 114
....tting a decree in the present suit by the plaintiff.
20. Thus, for the aforesaid reasons and discussions I am of the opinion that the learned appellate Court committed error occasioning failure of justice in allowing the appeal by the impugned judgment and decree calling for interference by this ......appellate Court held that the deed of defendant No.5 will not be affected in any way though he purchased the suit land during pendency of the suit and the order of ad-interim injunction in as much as according to the appellate Court he will rise and fall with the result of the suit.
18. It appear...... Opposite Parties.
Civil Revision No.4849 of 1998.
Judgment
Faruque Ahmed J.- This rule at the instance of the plaintiff petitioners was issued calling upon the opposite parties No.1-2 to show cause as to why the impugned judgment and decree dated 28.06.1998 and 02.07.1998 passed by t......ction in as much as according to the appellate Court he will rise and fall with the result of the suit.
18. It appears, the learned appellate Court totally failed to apply the correct provision of law as has been provided under Section 27 of the Specific Relief Act wherein, it has been provided t..
Category: Civil Law | Date: | Hits: 103
Sharmin Akhter Vs. Major (Rtd.) Mahbub Akbar Bhuyian, 2012, 41 CLC (HCD)
....akes the minor abroad in any manner, then the petitioner will be deprived from resisting the opposite party’s claim for custody of her son. 9. Under the above circumstances I am of the view that justice will be met if the opposite party is restrained from taking the minor abroad until the custo......e the operative portion of the impugned order will remain unchanged and will take effect from the next date of hearing of the appeal, if it is still pending. Ed. This Case is also Reported in: ...... Md. Ruhul Quddus J Sharmin Akhter…………………….........................Petitioner Vs. Major (Rtd.) Mahbub Akbar Bhuyian…………………....Opposite Party Judgment October 7, 2012. Result: The Rule is discharged with modification. Lawyers Involved: M. Sh......e the operative portion of the impugned order will remain unchanged and will take effect from the next date of hearing of the appeal, if it is still pending. Ed. This Case is also Reported in: ..Category: Family Law | Date: | Hits: 117
Nirmal Chandra Halder Vs. Hasina Begum and others, 2012, 41 CLC (HCD)
....rt considers that further evidence is required to be adduced, it is at liberty to give the parties such opportunity. Send down the lower Court’s records. Ed. This Case is also Reported in: ......rt considers that further evidence is required to be adduced, it is at liberty to give the parties such opportunity. Send down the lower Court’s records. Ed. This Case is also Reported in: ...... Present: Md. Ruhul Quddus J Nirmal Chandra Halder…………………............Petitioner Vs. Hasina Begum and others ………..............Opposite Parties Judgment October 10, 2012. Result: The Rule is made absolute. Lawyers Involved: Bhabesh Chandra Gho......have agreed that the Courts below ought to have framed an issue to that effect and decided the same. 12. Under the facts and circumstances I am of the view that the Courts below committed error of law in deciding the suit and appeal without framing issues on title of the plaintiffs, and on validi..Category: Civil Law | Date: | Hits: 73
M. A. Jaher and others Vs. Sonali Bank and others, 2007, 36 CLC (HCD)
.... surrender before the Artha Rin Adalat concerned within 30 days from the date of receipt of the copy of this judgment by that Adalat. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 283. ...... surrender before the Artha Rin Adalat concerned within 30 days from the date of receipt of the copy of this judgment by that Adalat. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 283. ......acts relevant for disposal of this rule, in shor1 are that the respondent No.1 Sonali Bank, Bhola Branch filed Artha Rin Suit No.5 of 1998 against the petitioners for recovery of loan money amounting to Tk. 1,02,69,058/41. That suit was decreed exparte by the judgment and order dated 13.11.2000. The...... necessity of compliance of sub- section (5), (6) and (7) of section 33 of the Artha Rin Adalat Ain, 2003 before passing of the impugned order and that the impugned order was quite in accordance with law. 5. We have considered the argument of the learned advocates of both the sides and gone throu..Category: Civil Law | Date: | Hits: 69
Md. Khalilur Rahman Vs. Md. Alam Bepari & others, 2007, 36 CLC (HCD)
....ittedly 5 ballot papers, which were duly cast during election, were found missing and on consideration of these facts the Election Tribunal came to the conclusion that it would be proper, for ends of justice, if the ballot papers are recounted in presence of the concerned parties. In view of the fin......rgent reasons. The office is directed to send a copy of this order to the Tribunal positively within a period of 30 days from date. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 36. ...... order to the Tribunal positively within a period of 30 days from date. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 36. ......Khurshid Alam Khan, the learned Advocate appearing for the present petitioner, has taken me through the Judgments of both the Courts below and submits that the Courts below committed serious error of law in allowing the prayer for recounting of ballot papers upon misconception of law and facts overl..Category: Election Law | Date: | Hits: 509
Abdul Matin Vs. Government of the People's Republic of Bangladesh, 2007, 36 CLC (HCD)
.... of the Code of Civil Procedure, 1908 only formulates the Legislative recognition of well-known doctrine and principle that every Court has inherent power to act ex debito justitiae to do that real justice for administration of which alone it exists. Under section 151 of the Code Court acts ex deb......nciple that every Court has inherent power to act ex debito justitiae to do that real justice for administration of which alone it exists. Under section 151 of the Code Court acts ex debito justitiae according to equity, justice and good conscience and in consonance with fundamental principles of Ju......……………………………Opposite Party Judgment April 19, 2007. Result: The Rule is made absolute. Doctrine of res judicata Doctrine of res judicata has received a statutory sanction in The Code as a matter of prudence and to give due weightage to a finding or decision......aint, contemplates that still-born suit should be nipped in the bud at its inception so that no further time is consumed on a fruitless litigation. A suit which on the face of it is incompetent under law should not be allowed to further encumber legal proceedings. If the suit is barred by law it is ..Category: Property Law | Date: | Hits: 69
Md. Raushan Alam Vs. Mst. Zahura Khatun, 2012, 41 CLC (HCD)
....st position of Family Suit No.59 of 1993, which he did not comply with. 10. Under the facts and circumstances, I am of the view that the learned Senior Assistant Judge did not cause any failure of justice in allowing the miscellaneous case on setting aside the ex parte decree. 10. The plaintif......e interim order of stay granted earlier is vacated. The trial Court is directed to dispose of the suit expeditiously. Communicate a copy of the judgment. Ed. This Case is also Reported in: ......, Gaibandha Sadar allowing an application under Order IX rule 13 of the Code on setting aside the ex parte decree passed in Other Class Suit No.152 of 1994. 2. The matter has been appearing at the top of list for last three days with the name of learned Advocate for the petitioner. Today it is ca......e interim order of stay granted earlier is vacated. The trial Court is directed to dispose of the suit expeditiously. Communicate a copy of the judgment. Ed. This Case is also Reported in: ..Category: Procedural Law | Date: | Hits: 105
....nd the publication of the newspaper the daily Ittefaq the parties in litigation may act in pursuance to resolution dated 30‑9‑90.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 597.
......fs' prayer for injunction and, as such, it requires interference.
In view of the aforesaid the appellants are entitled to the relief as prayed for.
Court fees paid are correct.
The appeal is accordingly allowed with costs.
23. The impugned judgment and order dated 19‑1‑1998 passed by......nts
Vs.
Arab Bangladesh Bank Limited and others………………Respondents
Judgment
May 5, 1998.
Result:
The appeal is allowed.
For holding a valid meeting of the Board of Directors written notice must be given to all the member of the board of directors. If anyone is left out......m and Articles of Association of the company and when that is against the provisions of the Memorandum and Articles of Association this resolution prima facie is illegal. He further contends that the law enjoins that all Board meetings whether of public or private companies should be held with due n..
Category: Company Law | Date: | Hits: 127
Jalaluddin @ Badsha Vs. State, 1986, 15 CLC (HCD)
.... of the charge. The appellant shall be set at liberty forthwith if not wanted in any other connection. Latifur Rahman J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 119. ...... Assistant Sessions Judge examined only one D.W. and refused to examine the other 3 D.Ws. 4. After considering the evidence, the learned Assistant Sessions Judge held that thecharge was proved and accordingly he passed the order of conviction and sentence. 5. The accused preferred this appeal ......rected against the Judgment and order dated 30-11-82 passed by Mr. Golam Rasul, Assistant Sessions Judge, Kishoreganj convicting the appellant under section 493 of the Penal Code and sentencing him to suffer rigorous imprisonment for 10 years. 2. The prosecution case was that the appellant Md......d that there was neither any evidence on record nor even the complaint petition itself showed that there was any kind of ceremony of marriage so as to give a belief to the complainant about being the lawfully married wife of the accused and also that there was no evidence to show that the accused in..Category: Family Law | Date: | Hits: 108
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