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Foto Fast Color Lab Vs. Bangladesh & others, 2000, 29 CLC (HCD)
....eries submitted bill of entry together with all relevant papers for delivery of the machineries for the business in the month of June, 1992. The petitioner obtained sanction from the authority of 440 power line for starting business and got itself registered with the VAT authority on 21-1-1992 as re....... Ed. This Case is also Reported in: 52 DLR (2000) 533.......tafa, Deputy Attorney-General—For the Respondents. Writ Petition No. 7822 of 1997. Judgment Md. Fazlul Karim J.- On an application under Article 102 of the Constitution the Rule was issued calling upon the respondents to show cause as to why the Judgment and order passed by the Appellate ......onsequent right of the parties to proceed in accordance with law. In the result, this Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 533...Category: Fiscal/Taxation Law | Date: | Hits: 139
Tarique Rahman Vs. Director General, Bureau of Anti-Corruption, 1999, 28 CLC (HCD)
....in the prescribed manner and within the prescribed time a statement of his property and liabilities and such information relating thereto as may be required by the order. 7. It was argued that the power of making inquiry by the Bureau of Anti-Corruption under the Anti-Corruption Act, 1957 was not......8. ......91. Judgment Mainur Reza Chowdhury J.- On an application made by the petitioners in the afore-mentioned Writ Petitions under Article 102 of the Constitution of Bangladesh Rules Nisi were issued calling upon the respondents to show cause as to why the respective impugned orders should not be de...... of Anti-Corruption because the condition precedent for such delegation is satisfaction of the Government which is incapable of delegation. Ed. This Case is also Reported in: 52 DLR (2000) 518. ..Category: Criminal Law | Date: | Hits: 69
Abdur Rahim Chowdhury Vs. Bangladesh Bank, Dhaka and others, 1997, 26 CLC (HCD)
....positors by granting irregular loan facilities to the said Messrs. Marshall Services for purchase of JAS Distilleries Limited. In the said show cause notice respondent No.1 in a purported exercise of powers under section 46(2) directed the petitioner to refrain from discharging the responsibilities ......…Respondents Judgment July 10, 1997. Lawyers Involved: Syed Ishtiaq Ahmed with Dr. M Zahir, Rokanuddin Mahmud and Faisal Mahmud Faizee, Advocates — For the Petitioner. KS Nabi, Attorney-General with Bazlur Rahman Chhana, Assistant Attorney-General — For Respondent Nos.1, 2 &am......96. Judgment Mainur Reza Chowdhury J. - A Rule Nisi was issued at the instance of the petitioner A Rahim Chowdhury under Article 102 of the Constitution of the People’s Republic of Bangladesh calling upon the respondents to show cause as to why Memo No. BRPD (P) 651/9(1)/96-831 dated 22-12-9......n the prayer of the petitioner let the operation of the order be stayed for 4 days to enable the petitioner to move the Appellate Division. Ed. This Case is also Reported in: 51 DLR (1999) 231. ..Category: Employment/Service Law | Date: | Hits: 79
Sayed Nurul Hossain Vs. Secretary, Ministry of Industries, 1998, 27 CLC (HCD)
....uthority’ as mentioned in section 2(d) above Public Servants (Retirement) Act. 1974 should be regarded as only an authority which is ordinarily charged with the function of self government and have power of making by-laws, of imposing and of maintaining and administering a local fund. 6. Mr. Is......zlul Karim J Md. Tafazzul Islam J Sayed Nurul Hossain…….. Petitioner Vs. Secretary, Ministry of Industries.……………...Respondents Judgment June 8, 1998. Cases Referred to: Managing Director and Chairman National Bank of Pakistan vs. Ataul Huq, 17 DLR (SC) 74; 13 DL......ttorney-General— For Respondent No. 1. M Amin Ali, Advocate—For the Respondents Nos. 2 and 3. Writ Petition No. 1293 of 1995. Judgment Md. Tafazzul Islam J.- This Rule Nisi was issued calling upon the respondents to show cause as to why the impugned order dated 29-6-92 (Annexure-C) p......yment of the petitioner and accordingly no interference is called for. In the result the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 226...Category: Employment/Service Law | Date: | Hits: 117
Shahidul Vs. State, 1998, 27 CLC (HCD)
....latest decision on exercise of inherent jurisdiction by this Court under section 561A Cr.P.C. in 46 DLR (AD) 67 where our Appellate Division has held the High Court Division may exercise its inherent power to quash a proceeding or even a conviction on conclusion of trial where the Court concerned go......iminal) Present: Md. Nurul Islam J Md. Hassan Ameen J Shahidul…………….. Petitioner Vs. State ………………..Respondent Judgment August 13, 1998. Cases Referred to- Mofazzal Hossain Mollah and others vs. State 45 DLR (AD) 175 & Md. Sher Ali and others vs......laneous Case No.1169 of 1998. Judgment Md. Hassan Ameen J. - This Rule was issued on an application under section 561A of the Code of Criminal Procedure filed by the accused petitioner Shahidul calling upon the opposite party, State, represented by the Deputy Commissioner, Khulna, to show caus......not wanted in any other case. Send down a copy of judgment along with the LC record to the trial Court for information and necessary action. Ed. This Case is also Reported in: 51 DLR (1999) 222...Category: Criminal Law | Date: | Hits: 33
Ekramul Huq @ Bachchu and another Vs. State, 1999, 28 CLC (HCD)
.... trial was not proper and without jurisdiction the judgment, order of conviction and sentence should be quashed and the appellants be acquitted. He is also of the view that the appellate Court has no power to send back the case for its trial by a competent Court. He has also pointed out that the Cru...... Md. Hamidul Haque J Md. Hassan Ameen J Ekramul Huq @ Bachchu and another…………………Appellants Vs. State………….Respondent Judgment March 9, 1999. Cases Referred to- Dharmasena vs. King Criminal Law Journal, 1950 Vol.50 page 1997, Abdul Ghani vs. Emperor Indi......ribunal may consider the question of granting bail to the accused persons if such application is made. Send down the LC records at once. Ed. This Case is also Reported in: 51 DLR (1999) 219. ......ribunal may consider the question of granting bail to the accused persons if such application is made. Send down the LC records at once. Ed. This Case is also Reported in: 51 DLR (1999) 219. ..Category: Criminal Law | Date: | Hits: 90
Amora Holding Inc. Vs. Bangladesh, 1998, 27 CLC (HCD)
....llowed. The office is directed to return the above certified copies alter furnishing of the Photostat copies of the same by the petitioner. Ed. This Case is also Reported in: 51 DLR (1999) 211. ......……….. Petitioner Vs. Bangladesh, represented by the Secretary (IRD) and Chairman, NBR, Ministry of Finance and others………..Respondents Judgment June 10, 1998. Cases Referred to- Niaz Ahmed vs. State PLD 1978 Karachi 774; PLD 1981 Quetta, PLD 1979 (Karachi) 68; Sambasivan......sain, Advocates — For the Petitioner. M Faruq, Deputy Attorney-General — For the Respondents. Writ Petition No. 1515 of 1988 Judgment Md. Tafazzal Islam J. - This Rule Nisi was issued calling upon the respondents to show cause as to why the impugned judgment and order dated 22-6-88 p......llowed. The office is directed to return the above certified copies alter furnishing of the Photostat copies of the same by the petitioner. Ed. This Case is also Reported in: 51 DLR (1999) 211. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 198
Shah Abdul Hannan and others Vs. Bangladesh, 2010, 39 CLC (HCD)
....ed and Jalalabad Gas Transmission and Distribution System Ltd., who supply gas, produced by two companies of Petrobangla, named Bangladesh Gas Field Company Ltd. and Sylhet Gas Field Company Ltd., to power plants, fertilizer factories, industrial and commercial concerns and household consumers. Petr......shtra Vs. Lok Shikshan Sanstha (AIR 1973 SC 588); N. Ramanath Pillai Vs. State of Kerala AIR 1973 SC 2641; Sanjeev Coke Mfg. Co. Vs. Bharat Coking Coal Ltd. (AIR 1983 SC 239); Maharastra SBOS Vs. Paritosh (AIR 1984 SC 1543); Union of India Vs. Cyanamid India Ltd. (AIR 1987 SC 1082); State of UP Vs. ......over the government to have an energy policy drafted through the Parliament. The Term of the Rule Their petition succeeded to engender a Rule in following terms: “Let a Rule Nisi issue calling upon the respondents to show cause as to why they should not be directed to evolve and formu......aring Contracts, entered into by the government may not be conducive to public interest. Following that congregation, the executive committee of a body, named “Centre for Human Rights,” at it’s meeting dated 15th September 1998, authorised the petitioners to proceed with appropriate action to ..Category: Constitutional Law | Date: | Hits: 231
Thomarshu alias Majhi Vs. Bangladesh, 1999, 28 CLC (HCD)
.... Rule is liable to be discharged and accordingly, is discharged but without any order as to cost. Let the records of the case be sent down. Ed. This case is also Reported in: 52 DLR (2000) 516. ......86 by the petitioner in an application under section 115 of the Code of Civil Procedure, shortly the Code, against order dated 03-12-85 passed by the Subordinate Judge at Dinajpur acting as an Arbitrator under section 28 of the Acquisition and Requisition of Immovable Property Ordinance, 1982 (Ordin...... the award and for this reason alone, his application under section 28 is simply not maintainable. As such, the decision of the learned Arbitrator rejecting the application of the petitioner does not call for any interference. 12. Moreover, the Arbitrator appointed under section 27 of the Ordinan...... Rule is liable to be discharged and accordingly, is discharged but without any order as to cost. Let the records of the case be sent down. Ed. This case is also Reported in: 52 DLR (2000) 516. ..Category: Property Law | Date: | Hits: 95
Rowshan Ali (Md.) Vs. State, 2000, 29 CLC (HCD)
....his bail bonds immediately to serve out the remaining portion of sentence imposed upon him. Send down the lower Court records immediately. Ed. This case is also Reported in: 52 DLR (2000) 510.......………Appellant Vs. State …………………Respondent Judgment March 7, 2000. Lawyers Involved: Md. Waliul Islam, Advocate—For the Appellant. FKMA Mahbub, Assistant Attorney-General—For the State. Criminal Appeal No.2087 of 1996. Judgment Gour Gopal Saha J......sed in the office of the Bera Upazila Parishad appears to be a self-defeating proposition and deserves to be rejected straightway. Had there in any truth in it, nothing could prevent the accused from calling for the same through the Court from the office of Bera Upazila Parishad and that could easil......ed the entire quantity of the rice for illegal gain. He also stated that the accused did not submit any Master Roll for the rice in question, although it was obligatory for him. He stated that in the meeting of the Upazila Parishad held on 15-1-91 the question of misappropriation of the rice in ques..Category: Criminal Law | Date: | Hits: 88
Begum Tahmina Vs. Government of Bangladesh, 2000, 29 CLC (HCD)
..... Learned Deputy Attorney-General Shahabuddin Ahmad appearing for the Respondent No.2 refers to the provisions of section 9 of the Anti-Corruption Act, 1957 and submits that in view of said section 9 power or duty under section 4(1) of the Act upon the Government have been delegated to be exercised ......d To- Mustafizur Rahman and 3 others Vs. DG, Anti-Corruption and others, 49 DLR 599; 51 DLR 728. Lawyers Involved: Abdul Malek, Advocate—For the Petitioner. Shahabuddin Ahmad, Deputy Attorney- General—For the Respondent. Writ Petition No.723 of 1994. Judgment Md. Abdul Qudd......ul Malek, Advocate—For the Petitioner. Shahabuddin Ahmad, Deputy Attorney- General—For the Respondent. Writ Petition No.723 of 1994. Judgment Md. Abdul Quddus J.- Rule Nisi was issued calling upon the respondents to show cause as to why the impugned order bearing No.32/94 (Ga)/Ra: FO......-2/5231 dated 27-3-94 (Annexure-A) to the writ petition is declared to have been passed without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 52 DLR (2000) 503. ..Category: Criminal Law | Date: | Hits: 78
Wahida Begum Vs. Tajul Islam, 2000, 29 CLC (HCD)
....the Evidence Act, he must prove the facts entitling to him the benefits under either of the laws. He is required to prove that ‘he, after taking reasonable care to ascertain that the transferor had power to make the transfer, acted in good faith’. I am supported by the authorities in case of Sun......ainsukhdas Vs. Gowardhandas, AIR 1968 (Nagpur). Lawyers Involved: SN Goswami Advocate—For the Petitioner. Abu Salek with Md. Lokman Hossain, Advocates—For the Opposite Parties Nos. 1 (a) to 1(g) and 2. Civil Revision No. 3078 of 1994. Judgment Md. Abdur Rashid J.- This Rule was......nd that the defendants 1 and 2 are purchasers for value without notice of the ‘Ekrarmama’ are finding on facts and were concluded by the findings of the final Court of facts. Such findings do not call for any interference by this Court under section 115 of the Code of Civil Procedure. In support......e sent down at once. Consequently, the order of this Court directing the parties to maintain status quo granted earlier is hereby vacated. Ed. This Case is also Reported in: 52 DLR (2000) 491...Category: Property Law | Date: | Hits: 113
Atiqur Rahman (Md.) Vs. Ainunnahar, 1999, 28 CLC (HCD)
....ter. (d) The record of the suit was, thereafter, sent back to the Family Court for fresh disposal. (e) The defendant constituted his brother as the Attorney for the litigation purpose through a power of Attorney. The constituted Attorney on 3-3-1998 presented an application before the Court, f...... Present: AK Badrul Huq J Atiqur Rahman (Md.) ……………………..Petitioner Vs. Ainunnahar……………………….Opposite Party. Judgment June 24, 1999. Case Referred to- Hosne Ara Begum Vs. Alhaj Md. Rezaul Karim and others, 43 DLR 543. Lawyers Involved: Lu......wer of Attorney for the purpose of accepting a written objection and making steps in the Family Suit. 2. The fate of the Rule hinges on the answer to the question whether the order under challenge calls for any interference by this court in the exercise of Revisional Jurisdiction under section 11......en absolutely without any merit, the same must be discharged. Resultantly, the Rule is discharged. Order of stay stands vacated. No costs. Ed. This Case is also Reported in: 52 DLR (2000) 453...Category: Procedural Law | Date: | Hits: 67
Matiur Rahman Bepari Vs. Wazuddin Bepari & others, 1999, 28 CLC (HCD)
.... (ii) Provisions of section 5 of the Limitation Act, 1908 shall apply to applications under sub-rule (1). From a reading of the aforesaid Rule it is found that the learned Appellate Court has the power to re-admit an appeal earlier dismissed for default on being satisfied that the appellant was ......rving any copy of the application upon the petitioner’s Advocate the same has occasioned failure of justice. The learned Advocate further submits that in view of the fact that the appellants failed to prove that they were prevented by sufficient cause from appearing before the Court when the appea......ice. The learned Advocate further submits that in view of the fact that the appellants failed to prove that they were prevented by sufficient cause from appearing before the Court when the appeal was called for hearing the learned Subordinate Judge erred in law in re-admitting the appeal illegally a......-6-91 is maintained. 8. The order of stay granted earlier by this Court is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (2000) 450. ..Category: Procedural Law | Date: | Hits: 77
Abdul Awal (Md.) Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)
.... of collecting income tax from persons who, in his opinion, have taxable income in any assessment year. A great deal of confidence is reposed on the DCT by the revenue and he is vested with unlimited power in the matter of assessment of total income of a citizen. The DCT enjoys a peculiar legal stat...... accordingly grant certificate for preferring appeal before the Appellate Division. Ed. This Case is also Reported in: 52 DLR (2000) 442. ......t file any return for the assessment year 1981-82 and on his failure to file the return the assessing authority issued a notice on 12-3-82 under section 22(2) of the Income Tax Act, 1922 (hereinafter called the Act) calling for the return in terms of the said notice. The assessee applicant did not c......the Appellate Division and hence we allow the prayer and accordingly grant certificate for preferring appeal before the Appellate Division. Ed. This Case is also Reported in: 52 DLR (2000) 442. ..Category: Fiscal/Taxation Law | Date: | Hits: 96
Manager, Bangladseh Krishi Bank and others Vs. Al-Haj Md. Nurul Islam & another, 1999, 28 CLC (HCD)
....in the suit. In support of his contention the learned Advocate referred some decision. There is no cavil on this point and Dr. Rafiqur Rahman also candidly submits that in a proper case the Court has power to take resort to rule 10(2) of Order I. Moreover in the facts and circumstances of the presen......ladseh Krishi Bank and others……………………Defendant-Appellants Vs. Al-Haj Md. Nurul Islam & another………………..Respondents Judgment November 23, 1999. Cases Referred to- Hafizuddin Sarker and Lakjan Bewa being dead their heirs: Nur Hossain and others Vs. Banglad......y set aside and Money Suit No.1 of 1991 of the Court of Subordinate Judge, Munshiganj in dismissed. There shall be no order as to cost. Ed. This Case is also Reported in: 52 DLR (2000) 434. ......y set aside and Money Suit No.1 of 1991 of the Court of Subordinate Judge, Munshiganj in dismissed. There shall be no order as to cost. Ed. This Case is also Reported in: 52 DLR (2000) 434. ..Category: Civil Law | Date: | Hits: 101
State Vs. Moyezuddin Sikder and Others, 2008, 37 CLC (AD)
....Division could not entertain the application for bail far less passing any ad-interim order as there is a complete bar under Rule 19(gha) of the Jaruri Khamota Bidhimala, 2007 which has curtailed the power and jurisdiction of the High Court Division to grant bail and as such, the impugned order is l......………Respondent Judgment April 23, 2008. Result: The appeal is allowed. The Emergency Power Rules, 2007, Rule 19(gha) The expression Adalat or Tribunal in rule 19(gha) refer to all Courts including the Supreme Court of Bangladesh. Therefore under rule 19(gha) the Supreme Co......Panir Vs. Bangladesh reported in 44 DLR (AD) 319 held:- "Therefore the broad decision that a law can be declared void in case of a conflict with any provision of Part II of the Constitution was uncalled for and made on hypothetical facts. This, as a rule, the Courts always abhor. The Court does ......rected to take steps for disposal of the application in the light of our findings as above. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 82; 28 BLD (AD) (2008) 138; V ADC (2008) 796. ..Category: Criminal Law | Date: | Hits: 100
.... the person against whom the decree was passed the court may, on such terms as to security or otherwise as it thinks fit, stay execution of the decree until the pending suit has been decided.” This power has been clearly given to an Executing Court as well as to the court in which suit impeaching ......alternately withdrawn, Opposite parties then preferred an appeal against the ex parte decree being Other Class Appeal No. 143 of 1987 which was allowed on 22-9-93 and the case was sent back on remand to the trial Court for fresh trial. Against that order of remand the petitioners obtained a Rule in ...... is directed to proceed with the execution of Execution Case No.10- of 1986 as usual according to law, communicate this order at once.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 610....... is directed to proceed with the execution of Execution Case No.10- of 1986 as usual according to law, communicate this order at once.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 610...
Category: Civil Law | Date: | Hits: 81
Sumikin Bussan Corporation Vs. Chittagong Port Authority and Others, 2001, 30 CLC (HCD)
....মিটিতে বোর্ডের সচিবকেও এ ক্ষেত্রে অন্তর্ভূক্ত করা হোক।” 27. It cannot be said that the Board has no power to review or revise its own decision. But they cannot take a decision violating the terms and ......din Ahmed with KM Tanjib-ul-Alam, Advocates—For the Respondent No. 9. Writ Petition No.7 of 2001. Judgment Kazi AT Monowaruddin J.- This Rule was issued calling upon the respondent Nos.1-7 to show cause as to why they shall not be directed to abide by the decision of the meeting No.8823 d......For the Respondent No.8. Salauddin Ahmed with KM Tanjib-ul-Alam, Advocates—For the Respondent No. 9. Writ Petition No.7 of 2001. Judgment Kazi AT Monowaruddin J.- This Rule was issued calling upon the respondent Nos.1-7 to show cause as to why they shall not be directed to abide by t......ition No.7 of 2001. Judgment Kazi AT Monowaruddin J.- This Rule was issued calling upon the respondent Nos.1-7 to show cause as to why they shall not be directed to abide by the decision of the meeting No.8823 dated 13-9-2000 (Annexure-B to the petition) of the Board of Chittagong Port Authori..Category: Others | Date: | Hits: 153
Sk Sohrab Ali Vs. Gazi Abdur Rashid and others, 2000, 29 CLC (HCD)
....0. In the facts and circumstances of the case, find no illegality or impropriety in the impugned order occasioning failure of justice so as to justify interference by this Court exercising revisional power under section 151(1) of the Code of Civil Procedure. We find no substance in the Rule. 11. ......diction) Present: Gour Gopal Saha J Sikder Maqbul Hoq J Sk Sohrab Ali………………Petitioner Vs. Gazi Abdur Rashid and others.................Opposite Parties. Judgment October 25, 2000. Lawyers Involved: Not represented— the Petitioner. Not represented — t......is order, with notice to the contending parties. Communicate the order to the learned Subordinate Judge, 3rd Court, Dhaka at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 598. ......is order, with notice to the contending parties. Communicate the order to the learned Subordinate Judge, 3rd Court, Dhaka at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 598. ..Category: Procedural Law | Date: | Hits: 82
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