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Shan Hosiery Vs. Bangladesh Jatiya Shamabaya Shilpa Samity Ltd and others, 2002, 31 CLC (HCD)
.... the plaint. He also submits that learned Subordinate Judge did not commit any error of procedure in rejecting the plaint while disposing the application for temporary injunction since the Court is empowered to reject the plaint suo moto when the suit appears to him not maintainable. In support, he ......junction. 2. The plaintiff on or about 1-3-2000 instituted the suit against defendants, opposite parties for recovery of possession under section 9 of the Specific Relief Act, hereinafter referred to as the Act. Plaint case, in short, is that opposite party No. 1, Bangladesh Jatiya Shilpa Samity ...... 3. Then, on 9-9-1998, the defendants with the help of the goons looted away valuable machineries and other movables of the plaintiff from the suit premises and then, on 7-11-1999 the defendants physically dispossessed the plaintiff from the suit premises. Thereafter, the possession of the suit prem......th the suit in accordance with law. Order of stay as granted at the time of issue of the Rule is hereby recalled and vacated. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 291...Category: Property Law | Date: | Hits: 31
Selim (Haji Md) Vs. Collector of Customs and others, 2001, 30 CLC (HCD)
....f imposition of customs duty once fixed by a SRO cannot be changed or increased. 7. Before we proceed further, we want to quote section 19 of the Customs Act which is as follows: “19. General power to exempt from customs duties: (1) if the Government is satisfied, after consultation with ......gh Court Division (Special Original Jurisdiction) Present: Abu Sayeed Ahammed J Mirza Hussain Haider J Selim (Haji Md)………………………………. Petitioner Vs. Collector of Customs and others ………………..Respondents Judgment October 31, 2001. Cases ......ues before this court that proportion of percentage of the exemption may be increased but it cannot be decreased. 23. We have already stated that it is neither increasing nor decreasing. It can be called a withdrawal of the exemption. So, it is very much within the jurisdiction of the customs aut......r the reasons and discussions made above, we find no merits in these Rules. In the result, the Rules are discharged. No order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 287...Category: Fiscal/Taxation Law | Date: | Hits: 62
....sessee specifying the amount of tax payable but no such demand having been raised in this case, the petitioner is not required to pay any tax. He further submits that although section 28 of the Act empowers the DCT to assess or reassess tax by rectifying mistakes in respect of an assessment year for......33, 558; Ahmed Khan Vs.Controller of Estate Duty, 1969 PTD 494.
Lawyers Involved:
Shamsul Hoque Siddiqui with AM Abdus Sattar Advocates—For the Petitioner.
Md. Altaf Hossain Khan, Deputy Attorney-General with FKM Ahsan, Assistant Attorney- General—For the Respondents.
Writ Petition N......ount of tax payable after giving credit for the tax paid in pursuance of the provisions of sub-section (1) of section 12.
(3) If the Deputy Commissioner of Taxes is not so satisfied he may, after (calling for) such further particulars and such books of account and documents as he may require, det......and in that view of the matter cannot get any refund.
In the result, the Rule is discharged without however any order as to costs.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 230.
..
Category: Fiscal/Taxation Law | Date: | Hits: 69
Ramesh Chandra Chowdhury @ Das Vs. Naresh Chandra Das @ Chowdhury, 1999, 28 CLC (HCD)
....ার্য্য তারিখে আপীল শুনানীর জন্য ধার্য্য রহিল”। By order dated 9-9-99 the learned Subordinate Judge directed that the power of attorney executed by Ramesh Chandra was to be filed on 16-9-95. The power of attorney in qu......tioner. Md. Mansurul Haque Chowdhury, Advocate—For the Opposite Party. Civil Revision No. 636 of 1996. Judgment Bijan Kumar Das J.- This Rule was issued calling upon the opposite party to show cause as to why the impugned order dated 16-9-95 passed by the learned Subordinate Judge, Na......sh Paul, Advocate—For the Petitioner. Md. Mansurul Haque Chowdhury, Advocate—For the Opposite Party. Civil Revision No. 636 of 1996. Judgment Bijan Kumar Das J.- This Rule was issued calling upon the opposite party to show cause as to why the impugned order dated 16-9-95 passed by t......te of receipt of this order. Let a copy of this order be forwarded to the Court of the learned Subordinate Judge Narshingdi at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 227...Category: Property Law | Date: | Hits: 39
Tofazzal Hossain (Md) and others Vs. Momtaz Begum & others, 1999, 28 CLC (HCD)
....ed judgments are well-reasoned and well-supported by the materials on record and these do not suffer from any illegality or legal infirmity justifying interference by this Court exercising revisional power under section 115(1) of the Code of Civil Procedure. I do not find any merit in the revision c......by the Senior Assistant Judge, Saturia in the District of Manikganj in Miscellaneous (Pre-emption) Case No.5 of 1995, allowing the pre-emption have been called in question. 2. Broad facts leading to the case are that, opposite party No.1 as per-emptor instituted a case in the Court of the Assist......ng the judgment and order dated 30-1-97 passed by the Senior Assistant Judge, Saturia in the District of Manikganj in Miscellaneous (Pre-emption) Case No.5 of 1995, allowing the pre-emption have been called in question. 2. Broad facts leading to the case are that, opposite party No.1 as per-empt......oceedings in question and since the pre-emptees did not raise any objection on this technicality at any point of time earlier, there can be no logic for sending back the case on remand once again for meeting the untenable technical objection, which caused no prejudice to the petitioner. I think, thi..Category: Property Law | Date: | Hits: 31
Shah Alam (Md.) Vs. Abul Kalam and others, 2001, 30 CLC (HCD)
....petence of the proceedings was never raised before the trial Court and such objection therefore does not deserve to be considered in revision. He further submits that Umme Kulsum already produced the power of attorney sent by her husband and such power cured the irregularity. In support, he cites th......n, Advocate—For the Petitioner. Shamim Khaled Ahmed —For the Opposite Parties. Civil Revision No. 621 of 2000. Judgment Md. Abdur Rashid J.- The above Rule was obtained by the preemptors upon making a revision application under section 115 of the Code of Civil Procedure against jud......e Judge at Noakhali must be held to be incompetent and without jurisdiction. We do not need to enter into the findings on service of summons or possession arrived at in such proceedings, which were uncalled for and are quashed. 21. In the result, the Rule is made absolute. No order as to costs. T......d 28-11-99 are hereby set aside. Order of stay as granted at the time of the Rule is recalled and vacated. Let the records be sent down. Ed. This Case is also Reported in: 54 DLR (2002) 277. ..Category: Limitation Law | Date: | Hits: 175
Protima Sen and others Vs. Chitra Rani Dey and another, 1999, 28 CLC (HCD)
....cree and consequently, the learned Subordinate Judge committed no error of law in passing the impugned order occasioning failure of justice justifying interference by this Court exercising revisional power under section 115(1) of the Code of Civil Procedure. 12. Mr. Paul has placed before us the ......……...Petitioners Vs. Chitra Rani Dey and another…………………...Opposite Parties Judgment August 24, 1999. Result: The Rule is made absolute without any order as to cost. Section 4 of the Partition Act was enacted to afford a special opportunity to a co-shar......of the order of the Court. Communicate the order to the learned Court below immediately for his information and necessary action. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 218. ......of the order of the Court. Communicate the order to the learned Court below immediately for his information and necessary action. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 218. ..Category: Property Law | Date: | Hits: 42
Tanveerul Haque Vs. Unistar Shipping Limited and ors., 1999, 18 CLC (HCD)
....int of Money Suit No. 31 of 1995 of the Subordinate Judge 2nd Court, Chittagong is hereby rejected. There will be no order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 215.......th AGM Safiullah, Advocates—For Respondent Nos. 1 and 2. Civil Revision No. 3616 of 1996. Judgment Md. Tafazzul Islam J.- This Rule was issued calling upon the Opposite Party Nos. 1 and 2 to show cause as to why the impugned order dated 8-9-1996 passed by the learned Subordinate Judge, 2......ocates—For the Petitioner. M Nurullah with AGM Safiullah, Advocates—For Respondent Nos. 1 and 2. Civil Revision No. 3616 of 1996. Judgment Md. Tafazzul Islam J.- This Rule was issued calling upon the Opposite Party Nos. 1 and 2 to show cause as to why the impugned order dated 8-9-19...... was being done beforehand and then the companies started suffering loss and so the plaintiffs by letter dated 22-12-92, requested the Group-B Directors to meet part of the liability and to come to a meeting so that the issue could be settled either by the resignation of the group-B Directors or by ..Category: Company Law | Date: | Hits: 197
Dr. Mohiuddin Khan Alamgir Vs. Government of the People’s Republic of Bangladesh, 2010, 39 CLC (AD)
.... rejection of nomination paper set aside in accordance with law, are of no consequence. The leave petition is accordingly dismissed. Ed. This Case is also Reported In: 62 DLR (AD) (2010) 425.............Petitioner Vs. Government of the People’s Republic of Bangladesh....................Respondents Judgment July 15, 2010. Result: The petition is dismissed. Cases Referred to- AKM Mayeedul Islam Vs. Bangladesh Election Commission 48 DLR (AD) 208; AFM Shah Alam Vs. Maj......arliament is of greater importance than settlement of private disputes. Moreover, Article 125 of our Constitution provides that no election to the offices of President or to the Parliament shall be called in question except by an election petition presented to such authority and, in such manner ...... rejection of nomination paper set aside in accordance with law, are of no consequence. The leave petition is accordingly dismissed. Ed. This Case is also Reported In: 62 DLR (AD) (2010) 425...Category: Election Law | Date: | Hits: 127
....for a further period of three (3) months by detaining authority i.e. the Government of the People’s Republic of Bangladesh.
3. The petitioner, full brother of the Detenu, invoking this Court’s power under section 491 of The Code of Criminal Procedure (shortly The Code) challenged the legality......
Case Referred To-
Malik Golam Jilani vs Government of West Pakistan, 19 DLR (SC) 403.
Lawyers Involved:
Yusuf Hossain Humayun, Advocate—For the Petitioner.
Syed Abu Kowser, Assistant-Attorney-General— For the Opposite Parties.
Criminal Miscellaneous Case No. 6693 of 2001.
Judg......h of a petition for bail presented by detenu as accused-petitioner under section 498 of the Code of Criminal Procedure before High Court Division on 20-8-2001 a Rule was issued by High Court Division calling upon the Deputy Commissioner, Barisal to show cause as to why the detenu should not be enlar...... at liberty at once, if not required in any other case.
Let an advance order be sent to Superintendent, Barisal Jail, Barisal immediately.
Ed.
This Case is also Reported in: 54 DLR (2002) 266...
Category: Criminal Law | Date: | Hits: 39
Kalandiar Kabir Vs. Bangladesh and others, 2002, 31 CLC (HCD)
....mitted in Bangladesh would have been punishable as an offence. So, we are of the view that arrest of the detenu under section 54 of the Code of Criminal Procedure was not illegal in view of the above power given to the police officer under section 54 of the Code of Criminal Procedure. 3. Mr. Isla......try 1983 BLD 140; H Saha vs. State of West Bengal 1974 AIR 2154; Golam Kabir vs. Government Bangladesh 27 DLR 199; Borjahan vs. State of West Bengal 1972 AIR (SC) 2256; Francis Coralie vs. Union Territory of Delhi 1981 AIR 746; Sunil Batra (II) vs. Delhi Administration 1980 (SCC) 1579; Sunil Batra v...... Mizanur Rahman, Deputy Attorney-General with Zaman Akter, Assistant Attorney-General—For the State. Writ Petition No. 6728 of 2001. Judgment Md. Hamidul Haque J. - This Rule was issued calling upon the respondents to show cause as to why the detenu Shahriar Kabir now detained in Dhaka......istan as reported in 20 DLR 1005. Of course, this case relates to an order of detention passed under Rule 32(1) (b) of the Defence of Pakistan Rules. In the detention order there was a reference of a meeting held on 13-7-1967 in which the detenu delivered a speech with a view to excite the workers o..Category: Constitutional Law | Date: | Hits: 195
Parimal Chandra & others Vs. Shaheda Begum and others, 1999, 18 CLC (HCD)
....ge on the point of limitation in Title Suit No.18 of 1987 in reviewing his judgment is also found to be based on extraneous and illegal considerations and, as such, not sustainable in law. 16. The power of review as visualised by section 114 is to traced to Order 47(1) of the Code of Civil Proced......lowing the Review Case and setting aside the judgment delivered by it on 14-4-91 dismissing the appeal on contest and affirming the decree passed by the learned trial Court. 2. Short facts leading to the case are that, the appellants as plaintiffs instituted a suit in the Court of the Subordinate......r his own judgment by way of rehearing of the appeal and the same has occasioned failure of justice. The learned Advocate further submits that the learned District Judge was manifestly wrong in practically re-hearing the appeal in the garb of review and set aside his own clear findings, arrived at i......rdinate Judge, Barguna in Title Suit No.18 of 1987 decreeing the suit are maintained. Send down the lower Court records immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 206...Category: Procedural Law | Date: | Hits: 81
Khorshed Alam (Md) Vs. Subordinate Judge and Artha Rin Adalat No. 1 and others, 2001, 30 CLC (HCD)
....holder respondent No. 2 also filed another petition for setting aside the order No. 63 and prayed for fixing the date for open auction and the Court by the impugned orders in exercise of his inherent power set aside the wrong order which suffers from gross illegality and the Court has the power to r......uly published and auction sale were fixed on 25-11-1998, 11-8-1999 and 8-11-1999 where the highest bid was Taka 28,15,000, 92,04,000 and 96,58,000 respectively but the execution court was not pleased to accept any of the aforesaid bids because of in sufficient price of the mortgaged property. The re......ed 22-11-99 and 23-11-99 passed by the Subordinate Judge and Artha Rin Adalat No. 1, Sadar, Chittagong in Mortgage Execution Case No. 6 of 1997 contained in Annexures-E and E-1 respectively have been called in question. 2. The facts relevant for the purpose of disposal of this Rule are as follows......date. Let a copy of this judgment be served upon Mr. Mahbubul Islam, the Judge-in-Charge (now Joint District Judge) for future guidance. Ed. This Case is also Reported in: 54 DLR (2002) 239. ..Category: Civil Law | Date: | Hits: 76
Elders Ltd. Vs. Sunil Chandra Chowdhury & another, 2002, 31 CLC (HCD)
....radecore Pvt. Limited is the licensee of the Elders Limited and therefore, this application is incompetent and not maintainable. To strengthen his argument Mr. Majumder has drawn our attention to the power of attorney which is annexed as Annexure ‘F’ to the petition and relying on the contents o......) only and in default to suffer simple imprisonment for a period of 15 (fifteen) days. Ed. This Case is also Reported in: 54 DLR (2002) 227. ......rom 12-7-89 and after initial registration of these marks they were renewed for a further period of 15 years with effect from 12-7-96. It is alleged that in the meantime KAS Dairies Ltd. (hereinafter called “the company”) also obtained registration of the similar mark from the Trade Mark Registr...... sentence him to pay fine of Taka 2,000 (two thousand) only and in default to suffer simple imprisonment for a period of 15 (fifteen) days. Ed. This Case is also Reported in: 54 DLR (2002) 227. ..Category: Intellectual Property Law | Date: | Hits: 181
Jiban Bima Corporation represented by its MD Vs. Md. Mohibul Majid and another, 1999, 28 CLC (HCD)
....bmits that the learned Assistant Judge committed no error of law in passing the impugned order and it has not occasioned failure of justice to justify interference by this court exercising revisional power under section 115(1) of the Code of Civil Procedure. 9. The learned Advocate appearing for ......d. The learned Assistant Judge further found that since the petitioner has not adduced any evidence for proving wilful violation of the decree of permanent injunction, the petitioner was not entitled to any relief in the case. 6. Being aggrieved by the aforesaid impugned order, the petitioner mov......or ascertaining the truth or otherwise of the allegations of wilful violation of the decree of permanent injunction. If this argument is accepted, it will mean that the Court shall have to act mechanically and blindly even on the unfounded allegation of or disobedience of an order of violation of an...... within 3 months from the date of receipt of the order. Communicate the order to the leaned Assistant Judge, 4th Court, Dhaka at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 186. ..Category: Procedural Law | Date: | Hits: 79
Maksuda Begum Vs. Secretary, Ministry of Home Affairs and 2 others, 1999, 28 CLC (HCD)
....ained in Dhaka Central Jail, is declared illegal and the said detenu be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 174.......Amirul Kabir Chowdhury J Maksuda Begum…………….………………….Petitioner Vs. Secretary, Ministry of Home Affairs and 2 others……………Opposite Parties Judgment October 27, 1999. Lawyers Involved: Golam Mohammad Chowdhury, Advocate—For the Petitioner. ......cate—For the Petitioner. Md. Mostafa, Assistant Attorney-General—For the State. Criminal Miscellaneous Case No. 5480 of 1999. Judgment Amirul Kabir Chowdhury J.- This Rule was issued calling upon the opposite parties to show cause as to why the detenu Abul Hossain Mia @ Abul Hossain......ained in Dhaka Central Jail, is declared illegal and the said detenu be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 174...Category: Criminal Law | Date: | Hits: 44
Sree Sree Goranga Bishnu Priya and others Vs. Afzal Khan and others, 1999, 28 CLC (HCD)
....er staying the proceeding of the Execution Case having been rested upon a total misconception and misapprehension of law and fact, the said order can be easily vacated by invoking the Courts inherent power under section 151 of the Code and the learned Subordinate Judge committed a substantial error ...... AK Badrul Huq J.- By this application under section 115 of the Code of Civil Procedure, the petitioners challenge the correctness of a decision recorded by the learned Subordinate Judge in refusing to vacate an order staying a Small Causes Court Execution Case whereupon Rule was issued calling upo...... the petitioners challenge the correctness of a decision recorded by the learned Subordinate Judge in refusing to vacate an order staying a Small Causes Court Execution Case whereupon Rule was issued calling upon the Opposite Party No. 1 to show cause as to why the order dated August 31, 1997 passed......de. The application of the plaintiff-opposite party No.1 for staying the proceeding of SCC Execution Case No.1 of 1997 stands rejected. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 172...Category: Civil Law | Date: | Hits: 66
....0 of the said Rules, 1975 creates a vested right to a Nikah Registrar in respect of the areas to which a licence was granted to him before the amendment of Rule 10 on 19-1-93, the Govt. reserves full power and authority by virtue of the 2nd proviso of section 4 of the Act, 1974 to ‘extend, curtail......DLR (AD) 82.
Lawyers Involved:
Abdur Razzak, Advocate—For the Petitioner.
Abdul Baset Majumder with Md Momtazuddin Fakir Advocates—For the addition of Party.
Sufia Khatun, Assistant Attorney-General—For the Respondents.
Writ Petition No. 2371 of 1995.
Judgment
Md. Abdul A......arty.
Sufia Khatun, Assistant Attorney-General—For the Respondents.
Writ Petition No. 2371 of 1995.
Judgment
Md. Abdul Aziz J.- This Rule was obtained by the petitioner Md. Ahsan Ullah calling upon the respondents to show cause as to why the Impugned Memo dated 13-4-95 Annexure ‘A......
The power filed by Mrs. Sufia Khatun, the learned Assistant Attorney-General, on behalf of the respondent, be kept with the record.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 168...
Category: Employment/Service Law | Date: | Hits: 76
Muslim (Md) Vs. Abdul Motaleb and others, 2001, 30 CLC (HCD)
....rom taking cognizance of facts that occur since the laying of the action and granting relief to the parties on the basis of the altered situation, under exceptional circumstances. This is an inherent power, which a Court is required to exercise if it is conceived to advance the cause of justice. The...... Nikhilesh Dutta, Advocate—For the Opposite Parties. Civil Revision No. 3054 of 1994 Judgment Md. Mamtazuddin Ahmed J.- This Rule was issued calling upon the opposite parties Nos.1 and 2 to show cause as to why the impugned Judgment and decree dated 11-7-1994 and 18-7-1994 respectively ......buddin Ahmed, Advocate— For the Petitioner. Nikhilesh Dutta, Advocate—For the Opposite Parties. Civil Revision No. 3054 of 1994 Judgment Md. Mamtazuddin Ahmed J.- This Rule was issued calling upon the opposite parties Nos.1 and 2 to show cause as to why the impugned Judgment and decr......ored. The order of status quo in respect of the possession granted earlier by this Court is vacated. Send down the lower Court records. Ed. This Case is also Reported in: 54 DLR (2002) 196...Category: Property Law | Date: | Hits: 33
Hossain Vs. Customs, Excise and VAT Appellate Tribunal and others, 2001, 30 CLC (HCD)
....issioner of Customs dated 12-12-2000 that for contravention of the provision of section 32 of the Customs Act penalty has been imposed under section 156(1)(4) of the Customs Act and by exercising the power under section 181(1) the customs authority instead of confiscation of the goods imposed penalt......f credit or to have the country’s hard-earned foreign currency refunded to the appellant. Ed. This Case is also Reported in: 54 DLR (2002) 193. ......aration on the part of the applicant, the appellant according to the shipping document made the declaration, paid the entire customs duty. It is only when the detectives of the customs authority physically checked up the goods and then examined the goods by expert, the customs authority was able to ......racted finishing agent according to the letter of credit or to have the country’s hard-earned foreign currency refunded to the appellant. Ed. This Case is also Reported in: 54 DLR (2002) 193. ..Category: Fiscal/Taxation Law | Date: | Hits: 70
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