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BRAC Vs. National Board of Revenue, 2009, 38 CLC (AD)
.... 2. The petitioner filed the aforesaid writ petition impugning the order being Nothi No. 3(115)/Ka:Ma:Pra:/ 2000/475 dated 30.9.2001 of the National Board of Revenue rejecting the writ petitioner’s prayer for exemption to deposit 20% of the disputed tax at the time of filing appeal before the Taxe...... merely a matter of procedure. The effect of repeal or amendment in the procedural law will be that in the pending cases the new procedural law will apply because as a general rule alterations in the form of procedure are retrospective in character unless there is some contrary provision in the repe......d arrived at a correct decision. Hence we do not find any reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: 29 BLD (AD) (2009) 63. ......d arrived at a correct decision. Hence we do not find any reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: 29 BLD (AD) (2009) 63. ..Category: Fiscal/Taxation Law | Date: | Hits: 125
Md. Abdul Jabbar Vs. Governor, Bangladesh Bank and ors., 1998, 27 CLC (AD)
....;The High Court Division, in our opinion, has not committed any error of law which calls for interference except that the relief as to 'arrear salary' was uncalled for as there was no such prayer in the suit nor could it be allowed otherwise in the absence of any finding that the respon...... and Order dated 27 November 1995 passed by the Appellate Division in Civil Petition No. 425 of 1995). Judgment Bimalendu Bikash Roy Choudhury J.- This appeal arises out of a petition for review of a part of the order passed by this Court in C.P.L.A. No. 425 of 1995 whereby the leav......lary from the date of his dismissal to the date of his resumption of duty," be restored. There shall be no order as to cost. Ed. This Case is also Reported in: II ADC (2005) 471. ......lary from the date of his dismissal to the date of his resumption of duty," be restored. There shall be no order as to cost. Ed. This Case is also Reported in: II ADC (2005) 471. ..Category: Employment/Service Law | Date: | Hits: 83
Export Promotion Bureau and another Vs. Md. Nazmul Hossain and others, 2004, 33 CLC (AD)
....Moshfiqur Rahman, Vice- Chairman of writ-petitioner to show cause as to why disciplinary action should not be taken against him for his absence without leave inspite of rejection of his leave prayer and failure to join in Dhaka office under the Government Servants (Discipline and Appeal) Ru...... by the High Court Division in Writ Petition No. 112 of (1999). Judgment Mohammad Fazlul Karim J.- This appeal by leave was granted to consider the submissions of the learned Counsel for appellants that the allegations made in the Writ Petition having been denied by the Writ-r......f the powers conferred by section 20 of the Ordinance was published in the Bangladesh Gazette on 24.9.1991 as such the proceedings under Government Rules and Ordinance was authorized. ......f the powers conferred by section 20 of the Ordinance was published in the Bangladesh Gazette on 24.9.1991 as such the proceedings under Government Rules and Ordinance was authorized. ..Category: Employment/Service Law | Date: | Hits: 105
Bangladesh Vs. Chowdhury Tanbir Ahmed Siddiky, 1997, 26 CLC (AD)
....be open to the appellants to agitate the matter in the proper forum" (see para 34 of the report)." 7. In this context the plaintiff brought the suit with the aforementioned prayers contending that the preparation of the compensation assessment rolls in respect of the......spondent happens to be the mutawalli of the said two estates known as Ballade Wakf estates. He brought the suit against the Province of East Pakistan and the Deputy Commissioner, Dhaka praying for the following reliefs: (i) a declaration that no valid compensation Assessment Roll in ......y order as to costs. The judgment and order of the High Court Division be set aside and the order of the trial court be restored. Ed. This Case is also Reported in: II ADC (2005) 283. ......y order as to costs. The judgment and order of the High Court Division be set aside and the order of the trial court be restored. Ed. This Case is also Reported in: II ADC (2005) 283. ..Category: Property Law | Date: | Hits: 43
Hussain Muhammad Ershad Vs. Bangladesh and others, 2000, 29 CLC (AD)
.... by the High Court Division filed a provisional application for leave to appeal against that judgment and order and prayed for staying operation of the same but this Division on 20.4.2000 refused the prayer. But thereafter regular leave petition was filed by the Government and the judgment of the Hi......of an individual to travel beyond the border of his state. 3. True it is that the Universal Human Rights norms, whether given in the Universal Declaration or in the Covenants, are not directly enforceable in national courts. But if their provisions are incorporated into the domestic law, they a......are hereby directed to return the passport to the appellant immediately. There will be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 371, 7 BLC (AD) 67, 2001 BLD (AD) 70.......are hereby directed to return the passport to the appellant immediately. There will be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 371, 7 BLC (AD) 67, 2001 BLD (AD) 70...Category: Constitutional Law | Date: | Hits: 208
Monzur Rahman Khan Vs. Mst. Tahera Parvin and others, 2003, 32 CLC (AD)
.... a transfer made to a co-sharer in the Tenancy whose existing interest has accrued otherwise than by purchase. It appears that the disputed transfer was by Heba and not by purchase. Therefore, the prayer of the appellant must fail. The pre-emptor appellant failed to prove that the Heba deed was ......sion in Civil Revision No. 492 of 1986. 2. The appellant as petitioner filed an application under section 24 of the Non-Agricultural Tenancy Act, 1949 being Misc. Case No. 116 of 1982 before the Subordinate Judge, Sirajgonj for pre-emption of two decimals of land. The respondent No. ......ainable against her and the appeal must fail. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 367. ......ainable against her and the appeal must fail. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 367. ..Category: Property Law | Date: | Hits: 33
Mossammat Khursheda Jahan Vs. Jahan Syada Shafinaz and others, 2002, 31 CLC (AD)
....rties to the suit for specific performance of contract by being duly substituted of the deceased brother. 8. Mr. Fazlul Karim, the learned counsel submits that the courts below rejected the prayer for pre-emption on consideration of the facts that the pre-emptor respondents were duly subs......the kabala in favour of the pre-emptee appellant. Subsequently, when the attorney failed to execute and register a kabala in favour of the pre-emptee appellant she brought O. S. No. 9 of 1975 for specific performance of on tract and obtained an ex parte decree which was executed and a......xecuted in favour of the pre-emptee appellants. In view of the above, the appeal is allowed without any order as to costs. Ed. This Case is Also Reported in: II ADC (2005) 365. ......xecuted in favour of the pre-emptee appellants. In view of the above, the appeal is allowed without any order as to costs. Ed. This Case is Also Reported in: II ADC (2005) 365. ..Category: Property Law | Date: | Hits: 35
Md. Akkas Ali Biswas and others Vs. Ashit Kumar Mojumder and others, 2005, 34 CLC (AD)
....he High Court Division has kept open the subject matter to be decided in the present suit in deciding the Writ Petition No. 1465 of 1991...........The original Court having disallowed the prayer for rejection of the plaint by a judicial order in exercising of his discretion, I think, I......iled under Order 7 Rule 11 of the Code of Civil Procedure. 2. The facts, in brief, are that the respondent Nos. 1 to 3 sold 1.15 acres of land by registered deed of sale dated April 27, 1983 for consideration of Tk. 30,000/- to the appellants and made over possession of the land and t......ivision is set aside. The plaint of Title Suit No. 152 of 1997 of the Court of the Senior Assistant Judge, Rajbari stands rejected. Ed. This Case is also Reported in: II ADC (2005) 253. ......ivision is set aside. The plaint of Title Suit No. 152 of 1997 of the Court of the Senior Assistant Judge, Rajbari stands rejected. Ed. This Case is also Reported in: II ADC (2005) 253. ..Category: Procedural Law | Date: | Hits: 75
Mobinnessa and ors. Vs. Khalilur Rahman & ors., 1985, 14 CLC (AD)
.... a last minute effort to salvage the impugned judgment of the High Court Division arguing that the appellants' suit for setting aside the decree of the partition suit is not maintainable without a prayer for establishment of their title. Evidence shows that they have got title as well as po...... Vs Khalilur Rahman & ors.........................Respondents Judgment November 4, 1985. Partition suit All co-sharers must be impleded as parties in a suit for partition. Failure to implead any co-sharer shall render the suit liable for dismissal on the g......ion confirming that of the lower Appellate Court is set aside and that of the trial court is restored. No order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 216. ......ion confirming that of the lower Appellate Court is set aside and that of the trial court is restored. No order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 216. ..Category: Property Law | Date: | Hits: 40
Abdul Matin Chowdhury Vs. Chapala Rani Sen and others, 1984, 13 CLC (AD)
....efendant No. 2 denied the authorship of Ext. 3. There is no expert opinion as to the disputed signature of defendant No. 2, in the said objection petition. The learned Subordinate Judge in spite of prayer of the plaintiff for expert examination of the signature of defendant No. 2 in Ext. 3 did not......current decisions of the Court below. 2. The appellant, as plaintiff, instituted Title Suit No.602 of 1974 in the Court of Munsif, 1stCourt, Sadar, Sylhet against the defendant respondents praying for a decree for specific performance of contract for sale and also for permanent injunction restrai......dingly it is set aside and the decree of the First Appellate Court is restored. The appeal is allowed with costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 205, 1985 BLD (AD) 172.......dingly it is set aside and the decree of the First Appellate Court is restored. The appeal is allowed with costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 205, 1985 BLD (AD) 172...Category: Property Law | Date: | Hits: 40
Syed Amir Hossain Vs. Mrs. Nadera Rahman, 1985, 14 CLC (AD)
....cation under section 115, Civil Procedure Code, may be treated as an application under section 32(3) of the Waqf Ordinance. It appears that the respondent also in her concise statement made a similar prayer for converting her application under section 115 C.P.C. to an application under section 32(......ction 29 (2) Time available under section 32 (3) of the Waqf Ordinance, 1962, which is a special law, having long existed, the respondent might invoke provision of section 14 of the Limitation Act for excluding the time that was spent in other proceedings in wrong forum. But the appellant being f......e set aside and that of the District Judge is restored. In the circumstances of the case we however do not make any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 184.......e set aside and that of the District Judge is restored. In the circumstances of the case we however do not make any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 184...Category: Procedural Law | Date: | Hits: 112
Md. Ebadullah Bepari Vs. Nikhil Chandra Das, 1985, 14 CLC (AD)
....he instant case are such as to attract our decision in the above mentioned case. The suit for ejectment was filed in 1981 and date for per-emptory hearing was fixed for 2-1-82, but on the appellant's prayer it was adjourned to 6-4-82 and again to 27-5-82. But on that day also the appellant was found...... Court of Subordinate Judge, Dinajpur, seeking ejectment of the appellant, a monthly tenant in respect of the premises in question, on the ground of default in the payment of rent. The suit was fixed for pre-emptory hearing, after two adjournments, on 27 May 1982, but as the defendant was found ab......rt rejecting the application under Order IX, rule 13 C.P.C. The appeal is therefore dismissed. We however make no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 174. ......rt rejecting the application under Order IX, rule 13 C.P.C. The appeal is therefore dismissed. We however make no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 174. ..Category: Tenancy Law | Date: | Hits: 159
Ali Jan Khan & others Vs. Bangladesh, 1984, 13 CLC (AD)
....s, took possession by demolishing the structures on 1st and 2nd November, 1984. It is true that the High Court Division passed an order on 25.10.84. When questioned by the Court whether the necessary prayer was made, before the High Court Division to stay the operation of its order so as to enable (......Ordinance, 1982 (Ordinance No. II of 1982), sections 5 & 44 Section 5 of the Ordinance provides that the decision of the Government shall be the conclusive evidence that the property is needed for a public purpose. Once a property has been acquired for a valid public purpose under section 44 ......24.3.83 for receiving the compensation. The suit was instituted in February, 1983 and it was rejected by the learned Munsif on 10.5.83. The order of the appellate court below was passed on 22.12.83 remanding the case to the trial court. Thereafter the High Court Division on 25.10.84 made the rule ...... that no contempt had been committed and the petition is therefore dismissed. The order of this court dated 31.10.84 is hereby vacated. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 161...Category: Property Law | Date: | Hits: 55
Mahbubur Rahman Sikder and others Vs. Mujibur Rahman Sikder and others, 1983, 12 CLC (AD)
....n February 6, 1983. ''Let a notice be issued upon the parties to show cause within two weeks as to why our judgment (dated 13.7.82) should not be reviewed." 2. This notice was issued not on the prayer of any of the parties in the aforesaid criminal miscellaneous petition, but was made suo motu......ure, 1908 (Act No. V of 1908), Order XLVII, rule 1 and rule 26 of the Supreme Court Rules are applicable in case of a review by the Appellate Division of the Supreme Court. Rule 26 prescribes 30 days for filing a review petition. The power to review is derived from the Constitution, so this powe...... above variations in the judgment of this Court passed in the aforesaid appeals on July 13, 1982 the judgment will remain operative. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 145. ...... above variations in the judgment of this Court passed in the aforesaid appeals on July 13, 1982 the judgment will remain operative. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 145. ..Category: Constitutional Law | Date: | Hits: 149
Kalipada Saha Vs. State, 1985, 14 CLC (AD)
....rsquo; Court House street, Dhaka. The trouble starts from here, 3. The learned Magistrate by her order dated 18-7-8-4 issued warrant of arrest and attachment and proclamation on the prayer of the police though the Director Drug Administration and Licensing Authority requested...... Drug Control Ordinance, 1982 are to be tried by the Special Tribunal set up under the Ordinance. A Court of Magistrate is incompetent to take cognizance and try such offences. Proceeding before the Upazilla Magistrate was without Jurisdiction as special procedures provided for investigat......Court of Begum Asma, Hannan, Upazila Magistrate, Kushtia transferred to the Drug Court at Dhaka for trial and disposal. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 135. ......Court of Begum Asma, Hannan, Upazila Magistrate, Kushtia transferred to the Drug Court at Dhaka for trial and disposal. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 135. ..Category: Criminal Law | Date: | Hits: 59
Planters (Bangladesh) Ltd. Vs. Mahaluxmi Bank Ltd. (in liquidation) and others, 1984, 13 CLC (AD)
....n three months, in default decretal amount will be paid with interest at the rate of 15% till realisation of the amount. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 129. ......o take advantage of his own fault. The Defendant no. 2 himself being Managing Director of the Defendant Company and at the same time Director of the Plaintiff Bank and the statement by him before Court of Law about liability of the company towards the Plaintiff Bank and admission of such ......anced before us now by the respective Counsels of the parties, it may well be that some of the observations made by this Court (in Civil Appeal No.129 of 1977 disposed of on April 10, 1978) before remanding the case to the first appellate court may be seen. As previously the first appellate cour......n three months, in default decretal amount will be paid with interest at the rate of 15% till realisation of the amount. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 129. ..Category: Business or Commercial Law | Date: | Hits: 139
Ummu Kawsar Salabil Vs. Shams Corporation (Pvt.) Ltd. and ors., 1984, 13 CLC (AD)
....ant had a prima facie case for granting temporary injunction. The grant of injunction by the learned Subordinate Judge is in the following terms: "It is therefore, Ordered that the prayer for temporary injunction be allowed ex-parte. The defendant Nos.1 & 2 be restrained from...................Respondents Judgment December 4, 1984. Words and Phrases Tender If a tender is accepted in violation of a stipulated condition set down in the tender form, Court’s protection may be sought for. Since the question for determination befo......quo; Trial of the suit is to be concluded on or before 20th December, 1984. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 117. ......quo; Trial of the suit is to be concluded on or before 20th December, 1984. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 117. ..Category: Others | Date: | Hits: 84
Bangladesh Vs. KM Zaker Hossain and others, 2002, 31 CLC (AD)
....d order of December 24, 1992 of the First Court of Settlement, Dhaka in case No. 397 of 1989 (ka-54, Gulshan Model Town, Dhaka) holding No. NE (C)-2 Road No.71 Gulshan Model Town, Dhaka rejecting the prayer for releasing the aforesaid property from the list of abandoned buildings as published in the......ng the respondent petitioner to release the said holding from the list of abandoned buildings within 60 days from the date of receipt of the copy of the judgment. 2. The Rule was obtained in the aforesaid writ petition impugning the judgment and order of December 24, 1992 of the First Court of S...... and order of the High Court division dated August 31, 1977 in writ petition no. 41 of 1973 is set aside. The appellant shall get costs. Ed. This Case is also Reported in: I ADC (2004) 371....... and order of the High Court division dated August 31, 1977 in writ petition no. 41 of 1973 is set aside. The appellant shall get costs. Ed. This Case is also Reported in: I ADC (2004) 371...Category: Property Law | Date: | Hits: 40
Moudud Ahmed and others Vs. Md Anwar Hossain Khan (dead) and others, 2007, 36 CLC (AD)
....irection so issued in terms of the Rule is not tenable as the said Rule would interfere with the functions, powers, privilege and remuneration of the Parliament as well as of the members, that prayer made in the writ petition if allowed that would tantamount to destroy the principle of separ...... Bangladesh, 1972, Article 78 Participation or non-participation by a member of Parliament in any Parliamentary proceedings and making deliberation in Parliament is his personal matter. Therefore the High Court cannot compel the respondents to attend sessions of Parliament and perform the......e Constitution and they are performing their functions in connection with the affairs of the Republic and, as such, the petition is maintainable as against the respondent Nos. 3-5". ......e Constitution and they are performing their functions in connection with the affairs of the Republic and, as such, the petition is maintainable as against the respondent Nos. 3-5". ..Category: Constitutional Law | Date: | Hits: 147
Bangladesh Vs. Abul Kaiser Chowdhury and others, 1984, 13 CLC (AD)
.... reason to take a different view. In this view of the matter the appeal is allowed. The suit is dismissed. No order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) 85. ......s appeal by special leave is directed against the judgment and order of the High Court Division in Second Appeal No. 66 of 1978. 2. Plaintiff respondent filed Title Suit No. 46 of 1965 for declaration that the Government notification dated 21.1.63 showing final publications of t......Court to consider the question of substitution of the successor Mutwalli. This is the impugned order and leave was granted to consider the correctness of the decision of the High Court Division in remanding the case when according to the appellant substitution had already been made according to ...... reason to take a different view. In this view of the matter the appeal is allowed. The suit is dismissed. No order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) 85. ..Category: Trust/Waqf Law | Date: | Hits: 193
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