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.... submits that from the date of birth i.e. on 1.1.1949 the petitioner is supposed to retire from service on 31.12.2008 but the respondent without applying its judicial mind and without considering the provision of the said Act asked the petitioner to go on retirement from 31.12.2005 by the impugned n......passed by the respondent No.4 directing the petitioner to go on retirement on 31.12.2005 on completion of 57 years of age (Annexure-A) shall not be declared to have been passed and issued without any lawful authority and of no legal effect.
2. Facts necessary for disposal of the Rule in short are..
Category: Criminal Law | Date: | Hits: 143
Md. Nur Alam and another Vs. State, 2012, 41 CLC (HCD)
....w for securing their arrest. Send a copy of this judgment and order to the said court along with the lower court records. Md. Emdadul Huq J. - I agree. Ed. This Case is also Reported in: ......ult: The appeal is dismissed. First Information Report (FIR) The main purpose of an First Information Report (FIR) is to give information of a cognizable offence to the police and to set the law in motion. So even if the GD is treated as the FIR, and the formal FIR as a statement recorded u..Category: Criminal Law | Date: | Hits: 170
Transfin Trading Ltd. Vs. Commissioner of Customs and others, 2010, 39 CLC (HCD)
....udgment October 11, 2010. Result: The Rule is made absolute. The Customs Act, 1969 (Act No. IV of 1969); Section 81 Where any goods are allowed to clear or released on the basis of provisional assessment the amount of duty actually payable on those goods shall within a period of 1......1374 dated 22-06-2003 (Annexure 'A-2') issued by respondent No.3 seeking encashment of the bank guarantee No. BASB/L-GTEE/00001/2001 dated 23-3-2001 should not be declared to have been issued without lawful authority and is of no legal effect and as to why the respondents should not be directed to r..Category: Fiscal/Taxation Law | Date: | Hits: 194
....T and when it is not denied in the affidavit-in-opposition that the petitioner did not take rebate of 15% but only it was stated that the petitioner did not take rebate within 30 (thirty) days as per provision of law which is a separate matter, the respondents can take another procedure but cannot r...... is not denied in the affidavit-in-opposition that the petitioner did not take rebate of 15% but only it was stated that the petitioner did not take rebate within 30 (thirty) days as per provision of law which is a separate matter, the respondents can take another procedure but cannot refuse to give..
Category: Fiscal/Taxation Law | Date: | Hits: 220
Gopinath Das and others Vs. Government of Bangladesh & others, 2010, 39 CLC (HCD)
....f the Court or a contrive to achieve something which the party failed upon proceeding under the law provided for or in any other case akin to cases as mentioned above the Court taking recourse of the provision of section 151 would be competent to reject the plaint…" 41. In Guinness Peat (Trad......ion that the learned judge while sitting over an application under Order IX, rule 13 of the Code has travelled beyond his jurisdiction and dwelt in the merit of the case which is not permissible in law. 25. Mr. Mahbubey Alam, learned Attorney-General, appeared on behalf of the Government and su..Category: Property Law | Date: | Hits: 149
Sayed Hasan Imam Litu Vs. Al-Arafah Islami Bank & another, 2011, 40 CLC (HCD)
....led by our Apex Court that the legal implication is that the issuing date of notice must not exceed 15 (Fifteen) days and notice can very well be given 7(Seven) days time and since no breach of the provision of law is manifestly initiated notice the question of quashing the proceeding on the point......re taken but the gist of the ground are that the petitioner mainly became aggrieved on the time given in the notice issued on 27-2-2006 in it was not in conformity with the time as framed under the law as provided under section 138(B) of the Negotiable Instrument Act. 5. Mr. Harun-or-Rashid, th..Category: Civil Law | Date: | Hits: 217
Shah Alam (Md.) Vs. Bangladesh Water Development Board, 2012, 41 CLC (HCD)
....of Arbitration Act as well as Limitation Act are required to be referred to. We have already referred section 30 and 33 before. Now, we refer section 37 and 42. Section 37 runs as:— "(1) All the provisions of the Limitation Act, 1908 (IX of 1908) shall apply to arbitrations as they apply to p...... Engineer, Gomati Water Development Division, Bangladesh Water Development Board, Comilla; (here we tempted to note that whenever our national poet, Kazi Nazrul Islam went to Comilla, his father-in-law's house, he spent time on the bank of river Gomati and in some of his eternal songs river Gomati..Category: Civil Law | Date: | Hits: 195
Bank of Small Industries & Commerce Bangladesh Vs. Shahabuddin Ahmed, 2012, 41 CLC (HCD)
....any documents were admitted in evidence to lay foundation of his decision. So, the learned Advocate submits that the impugned Judgment and order is apparently illegal and arbitrary as the statutory provisions in proving the case have not been complied with. As such, the impugned order is liable to......filed earlier and it was dismissed on limitation ground. So, the 2nd execution case bearing No.2 of 2002, in which the impugned order of attachment was passed, is also barred under Article 182 of the law of limitation. In this respect, the learned Advocate has relied upon the case of Babul Chowdhury..Category: Civil Law | Date: | Hits: 161
Harunor Rashid Halder Vs. Entaj Sheik & others, 1983, 12 CLC (HCD)
....nce be set aside and the original proceeding drawn up by the Magistrate be restored and the order of attachment passed earlier be continued till the inquiry is completed by the Magistrate under the provision of law. 5. Mr. M.A. Sattar, the learned Advocate appeared against the Rule and in suppo......ide the order of the Sub-Divisional Magistrate insofar as it relates to the order of attachment and appointment of the Receiver and the learned Magistrate was directed to proceed in accordance with law. Thereafter the Sub-Divisional Magistrate notified both the parties and after hearing both the..Category: Criminal Law | Date: | Hits: 88
Azibur Rahman Alias Arzu Vs. Kala Miah & another, 1982, 11 CLC (HCD)
..... The appeal and the Rule are accordingly disposed of. Parties are made to bear their own costs. Chowdhury ATM Masud J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 77. ......e 8 C.P.C. and it was incumbent upon the Court to investigate the claim of respondent before making any order. The learned Subordinate Judge, however, did not make any investigation in accordance the law and did not ask the parties to adduce any evidence and has passed the impugned order simply on..Category: Procedural Law | Date: | Hits: 146
Kazi Nurul Haque Vs. State, 1983, 12 CLC (HCD)
....ce officer at any stage of the trial. This contention, in our opinion, is untenable in law. 6. In sub-section (1) of section 5 of the Criminal Law Amendment Act, 1958 it has been provided that the provision of the Code of Criminal Procedure except those of Chapter XXXVIII of the Code shall apply ......He has next submitted that although the learned special Judge could summon witnesses or examine any person if his evidence appeared to him essential for the just decision of the case, he cannot under law direct the police or the investigating agency to make further investigation of the case after th..Category: Criminal Law | Date: | Hits: 70
Shaikh Obaidul Haq Vs. State & another, 1986, 15 CLC (HCD)
....n 420 of the Penal Code now pending in the Court of Chief Metropolitan Magistrate, Dhaka be quashed. Latifur Rahman, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 105. ......heat existed from the very beginning. Its subsequent exhibition is not a test of cheating. The initial intention to deceive having not been proved the conviction under 420 of the Penal Code is bad in law because the mere fact that the petitioner refused liability subsequently does not necessarily ..Category: Criminal Law | Date: | Hits: 67
Sultana Ara Begum Vs. Secretary, Ministry of Home Affairs & others, 1985, 14 CLC (HCD)
....nable the detenue to make a representation in writing against the order and also did not inform the detenue of his right of making such representation and the detaining authority also contravened the provisions of section 8(2) of the Special Powers Act, 1974 by not communicating grounds at the time ...... the President. Sd/27.2.85. Sr. Scale Section Officer." 4. The said order was served on the detenu on 28.2.85. This order was served on the detenu on 28.2.85. The detenu was thus detained unlawfully from 23.2.85 to 27.2.85 without any order of detention whatsoever and the detaining authori..Category: Criminal Law | Date: | Hits: 78
Kazi Aftabuddin and others Vs. Bangladesh and others, 1996, 25 CLC (HCD)
....h step has been taken by the authority to remove the structures. In view of the above, the petition is rejected summarily. No cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 422. ......nt and such right has not been given effect to. Any letter, which is not a legal instrument to create any legal right and which only lays down the policy of the Government, does not have any force of law and thus Article 102 of the Constitution cannot be invoked.…………………………..(9) ..Category: Property Law | Date: | Hits: 67
Hasan Malik (Md.) @ Titu Vs. State, 2009, 38 CLC (HCD)
....the Penal Code. He is set at liberty forthwith if not wanted in any other connection. Send down the lower Court records accordingly. Ed. This Case is also Reported in: 61DLR (HCD (2009) 303. ...... Therefore, the cited decision is fully applicable to this case. 25. From what we have discussed above considering the facts and circumstances of the case and evidence on record and the cited case law, we are of the view that the prosecution has failed to prove the charge against the accused appe..Category: Criminal Law | Date: | Hits: 91
Amena Begum Vs. Md. Ruhul Amin and others, 2008, 37 CLC (HCD)
....ot be sustained in the eye of law. No one appears for the opposite parties to oppose the Rule. 7. In order to appreciate the submissions advanced by the learned Counsel, I have gone through the provisional application, impugned order, and other materials on record and given my anxious consider...... of appeal below without considering the merit of the application filed under Order IX, rule 9 of the Code of Civil Procedure, decided the merit of the pre-emption case which is not permissible under law. Secondly, the Court below failed to appreciate that the petitioner was prevented by sufficient ..Category: Procedural Law | Date: | Hits: 133
Hubble Corporate Ltd. Vs. Artha Rin Adalat & others, 2010, 39 CLC (HCD)
....Rule is thus liable to be made absolute. 6. Mr. Md Sakhawat Hossain, the learned Advocate for the petitioner, however, did not raise the question on limitation in filing of the suit in view of the provision of section 46 of the Ain inasmuch as the aforesaid question of law has been settled in a g...... within the period of limitation and there was proper cause of action for filing of the suit and the learned Judge of the Adalat in consideration of legal and factual questions involved in the case lawfully rejected the application on merit; whether the goods were damaged or not in a disputed ques..Category: Civil Law | Date: | Hits: 176
Muslim Uddin Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....ransferred as such the respondents by transferring him from Dhaka to Kurigram has violated the law for which he has been deprived of his protection of law under the Constitution. The constitutional provision of Article 102 and Article 117 have been dealt with and considered by the Appellate Divisi......f such tribunal. Under Article 152 of the Constitution the word "Court" includes "Supreme Court". Again Article 102 (2) clearly provides that when no other equally efficacious remedy is provided by law any person aggrieved can invoke Article for redress. So it is clear that the Administrative Trib..Category: Administrative Law | Date: | Hits: 455
Mangal Chandra Sarker and others Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....ce against the order of acquisition of the land described therein. 9. The petitioners, in all the writ petitions, narrating their claim of title stated that the respondents did not comply with the provisions of relevant law while making requisition and subsequently acquisition of the land in qu......15-11-2003 asking the petitioner to vacate the land in question showing the same to be acquired in LA Case No.5 of 1972-73 within 7 days should not be declared to have been made illegally and without lawful authority and is of no legal effect. 4. In Writ Petition No.1973 of 2005 the petitioners..Category: Property Law | Date: | Hits: 89
....respect of which the turnover tax shall be chargeable and such declaration may be made at any time before or after the issue of notification under section 3 of the Ordinance.
23. Pursuant to above provisions of the Ordinance, it appears that the Government as well as National Board of Revenue pub...... appellate authorities. By an order dated 13-9-95 said revision authority rejected the revision on the view that the petitioner already deposited tax and the demand issued by the Deputy Collector was lawful, the prayer for refund of deposited tax and cancellation of demand would not be accepted. The..
Category: Administrative Law | Date: | Hits: 491
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