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Abdul Malek Mollah Vs. Md. Abdul Salam Moral and another, 2009, 38 CLC (AD)
.... appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 124; 14 MLR (AD) (2009) 158; VI ADC (2009) 472. ......f which have been annexed with the application made therefore for marking as exhibits in support of his contentions in order to do complete justice. It has been submitted that this Court has ample power to accept the documents mentioned above and to send the case back for fresh trial on remand f......Title Suit No.32 of 1994 for Specific Performance of Contract in respect of the suit property comprising 17½ decimals of land with semi pucca tin shed house standing thereon, which belonged to the defendant No.1, the petitioner herein. The defendant No.1 purchased the suit land by registe...... appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 124; 14 MLR (AD) (2009) 158; VI ADC (2009) 472. ..Category: Property Law | Date: | Hits: 34
Project Director, Tejgaon, Dhaka and another Vs. Ratan Kumar Das and others, 2009, 38 CLC (AD)
....e Tribunal on proper consideration of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009)157. ...... 4. This Division in a number of cases held that the Administrative Tribunal is not a Court proper although it has all the trappings of the Court and as such cannot exercise all the judicial powers of the Court provided under the Code of Civil Procedure. In the case of Kamrul Hasan Vs. Ban......9)157. ......eported in 49 DLR (AD)(1997) 44 this Division held that sections 4 and 6 of the Administrative Tribunals Act do not provide jurisdiction to the Administrative Tribunal or the Appellate Tribunal to grant any interim relief in respect of a is pending before it for final adjudication. 5. In ..Category: Administrative Law | Date: | Hits: 92
BRAC Vs. National Board of Revenue, 2009, 38 CLC (AD)
....rit petitioner to deposit any tax under section 158(2) of the Ordinance in view of the amendment brought in this regard by the Finance Act, 2000 since 1.7.2000 and that such amendment taking away the discretionary power of the NBR to waive or modify the statutory obligation to pay certain amount of ......ion from payment of the requisite tax under section 158(2)(a) of the Ordinance. The NBR thereupon by its order dated 30.9.2001 rejected the said application on the ground that the NBR had no more the power to exempt the writ petitioner from paying any tax after the amendment of sub-section (2) of se...... The petition is dismissed. The right of appeal is not a matter of procedure but a matter of substantive right. The provision of sub-section (2) of section 158 of the Income Tax Ordinance relating to modifying or waiving the requirement to pay certain percentum of tax as a condition precedent to ......y hearing issued rule nisi calling upon the NBR to show cause why its aforesaid order should not be declared to have been passed without any lawful authority and why the NBR should not be directed to grant the exemption as prayed for by the writ petitioner. 5. Eventually the High Court Division b..Category: Fiscal/Taxation Law | Date: | Hits: 125
Government of Bangladesh Vs. Abdur Rahman and others, 2005, 34 CLC (AD)
....erence by this court. The appeal is, accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 129; II ADC (2005) 476; 14 MLR (AD) (2009) 147.......erence by this court. The appeal is, accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 129; II ADC (2005) 476; 14 MLR (AD) (2009) 147.......nt of Bangladesh, represented by the Deputy Commissioner, Gazipur & others.......Appellants Vs. Abdur Rahman and others.....Respondents Judgment March 8, 2005. Cases Referred to- Md. Nurul Islam and others Vs. People's Republic of Bangladesh, represented by the Secretary,......ivil Revision No. 3961 of 1996 and the learned Single Judge of the High Court Division discharged the Rule affirming the judgment of the appellate court by judgment dated 30.11.1998. 5. Leave was granted to consider the submission that the plaintiffs having failed to prove their settlement and..Category: Property Law | Date: | Hits: 42
M/s. Shahjhan Enterprise Ltd. Vs. Meghna Petroleum Ltd. and others, 2001, 30 CLC (AD)
....n allowing the appeal and dismissing the suit. There is therefore no merit in this appeal and the same is accordingly dismissed with cost. Ed. This Case is also Reported in: II ADC (2005) 455.......hich is Act No. XVI of 1975 and it came into force on 14th day of March 1975. In section 4 of this Act it has been provided as follows: Effect of acquisition.- (1) All deeds, bonds, agreements, power of attorney, grants of legal representation and other instrument of whatever nature in relati...... M/s. Shahjhan Enterprise Ltd................................Appellant Vs. Meghna Petroleum Ltd. and others.......... .............Respondents Judgment April 22, 2001. Case Referred to: A.F.M. Kutubudowala Vs. Hafez Muhammad Sadeq, 11 DLR (SC) 401. Lawyers Involved: Khandk...... defendant Nos. 1 and 2 took no step in this regard. Thereafter defendant No. 3 Dhaka Nawab Waqf Estate through the Mutwalli Nawab Khawja Abdul Gani took permission from the Admisntrator of Waqf to grant long term lease of the suit land and lease out the same to the plaintiff for a period of 45 ye..Category: Tenancy Law | Date: | Hits: 149
Janata Bank Vs. Md. Mofazzal Hossain and others, 1997, 26 CLC (AD)
....accordance with regulation 28 of the Service Regulations. In the result, the appeal is allowed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 453. ......ither in the application before the Administrative Appellate Tribunal. 4. The relevant provisions of regulation 28 of the Service Regulations are as follows: "(2) The power of awarding punishment to the employees shall vest in the competent authority: Pro......s held legally and the order of his dismissal was made by the competent authority as contemplated in regulation 28 of the Janata Bank Employees Service Regulations, 1981, hereinafter referred to as the Service Regulations. 2. The question arises in this way Respondent No. 1 who was p......accordance with regulation 28 of the Service Regulations. In the result, the appeal is allowed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 453. ..Category: Employment/Service Law | Date: | Hits: 70
Bangladesh Vs. Md. Shajahan, 1999, 28 CLC (AD)
....ontentions raised at the Bar are identical by this common judgment we dismiss both the appeals without any order of costs. Ed. This Case is also Reported in: II ADC (2005) 411. ...... Judges of the High Court Division wrongly set aside the judgment and order of the court of settlement. He further submitted that the learned Judges of the High Court Division in exercise of their power under Article 102 of the Constitution fell in error of law in setting aside the order of the ...... 3. Md. Shajahan in his writ petition started that one Hasib Khan was a lessee in perpetuity under the Government on the basis of a lease deed dated 18.11.1968 and Hasib Khan sold the property to him on 9.1.1983 pursuant to an agreement for sale dated 22.3.1970 but the Government by a Gazett......ontentions raised at the Bar are identical by this common judgment we dismiss both the appeals without any order of costs. Ed. This Case is also Reported in: II ADC (2005) 411. ..Category: Property Law | Date: | Hits: 23
Export Promotion Bureau and another Vs. Md. Nazmul Hossain and others, 2004, 33 CLC (AD)
....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. ......of discipline. It may be mentioned that the Export Promotion Bureau Employees Service Regulations, 1991 framed by the Board of Management with previous approval of the Government in exercise of the powers conferred by section 20 of the Ordinance was published in the Bangladesh Gazette o......am Bhuiyan, Advocate-on-Record- For the Appellants. K.S. Nabi, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For Respondent No. 1. Fida M. Kamal, Additional Attorney General, instructed by A. K. M. Shahidul Huq, Advocate-on-Record - Respondent Nos. 2 and 3....... (From the Judgment and Order dated 5 August 1999 passed 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 allegation..Category: Employment/Service Law | Date: | Hits: 105
Hussain Muhammad Ershad Vs. Bangladesh and others, 2000, 29 CLC (AD)
....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.......0. Mr. Mahbubey Alam, learned Additional Attorney-General in repelling the submissions of Mr. Huq, on the other hands, submitted that Sub-Article (2) of Article 7 of Bangladesh Passport Order, 1973 empowers the passport authority to impound a passport and in the instant case, the passport having bee......Chowdhury J Kazi Ebadul Hoque J Hussain Muhammad Ershad...........Appellant. Vs. Bangladesh and others. ...................Respondents. Judgment August 16, 2000. Cases Referred to- Government of Bangladesh Vs. Zeenat Hossain 1 BLC (AD) 89; State Vs. M. M. Rahmatullah; Satwa......an Rights and also on violation of principle of natural justice and on mala fide. The High Court Division by the impugned judgment and order summarily dismissed the Writ Petition. 8. The leave was granted to consider as to whether the High Court Division was wrong in not holding that seizure/impo..Category: Constitutional Law | Date: | Hits: 208
Mossammat Khursheda Jahan Vs. Jahan Syada Shafinaz and others, 2002, 31 CLC (AD)
....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. ......ddique Hossain was the owner of the suit property. He died leaving behind his wife, five sons and three daughters who possessed the same in ejmali as co-sharer tenants. The wife and sons executed a power of attorney in favour of Syed Amzad Hossain who is also a son of Syed Siddique Hossain. The ......in was the owner of the suit property. He died leaving behind his wife, five sons and three daughters who possessed the same in ejmali as co-sharer tenants. The wife and sons executed a power of attorney in favour of Syed Amzad Hossain who is also a son of Syed Siddique Hossain. The pre-emptor r......he miscellaneous case. In revision by the pre-emptor respondents a Single Judge of the High Court Division reversed the concurrent judgment and the rule was made absolute. 7. Leave was granted to consider whether the pre-emptor respondents being parties to the sale obtained through a..Category: Property Law | Date: | Hits: 35
Sufia Khatun Vs. Amin Hossin Mondal and others, 2005, 34 CLC (AD)
....ade hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. This Case is also Reported in: II ADC (2005) 360. ......616 of 1969 of the Court of Munsif, Chuadanga is fraudulent, collusive and not binding upon the plaintiff. 2. Facts, in short, are that the land in suit belonged to Bishnupada and he granted power of Attorney to Danesh Mondal as regard the property in suit and the said attorney transferre......p;……………..Appellant Vs. Amin Hossin Mondal and others.....................Respondents Judgment January 17, 2005. Case Referred to: Safaruddin Vs. Fazlul Huq 49 DLR (AD) 151. Lawyers Involved: Md. Nawab Al......uit No. 616 of 1969 of the Court of Munsif, Chuadanga is fraudulent, collusive and not binding upon the plaintiff. 2. Facts, in short, are that the land in suit belonged to Bishnupada and he granted power of Attorney to Danesh Mondal as regard the property in suit and the said attorney tr..Category: Property Law | Date: | Hits: 37
Md. Akkas Ali Biswas and others Vs. Ashit Kumar Mojumder and others, 2005, 34 CLC (AD)
....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. ......stion of facts and law. To strike out plaint at this stage, on any ground, as incompetent or fruitless litigation, is a dangerous step and such a measure should not be hastily resorted to. The power of rejection of a plaint under this rule shall be exercised only if the Court comes to the c...... of the Court of Senior Assistant Judge, Rajbari, rejecting the application filed 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......ision should be reluctant to interfere with such order unless there has been an absolute failure of justice in the case" and upon such observation the rule was discharged. 5. Leave was granted to consider the submission that the plaintiff respondents having contested the Writ Pe..Category: Procedural Law | Date: | Hits: 75
Syed Amir Hossain Vs. Mrs. Nadera Rahman, 1985, 14 CLC (AD)
....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.......cussed below. 6. For an application for revision under the Civil Procedure Code no period of limitation has been specifically prescribed, particularly when the Court may suo motu exercise this power in appropriate cases. But in view of the provision of Article 181 of the limitation Act relati......ection 14 of the Limitation Act for excluding the time that was spent in other proceedings in wrong forum. But the appellant being found negligent in prosecuting the other proceedings is not entitled to the benefit of section 14 of the Limitation Act. Remedy against the order of dismissal under......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)
....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. ......nt case are quite distinguishable from those of the case of Benode Bepari Saha vs. Nitya Gopal Shaha, 33 DLR (AD) 131 in which this Appellate Division observed that in appropriate cases the Court got power to allow time to a petitioner to deposit the decretal amount or to furnish necessary bond beyo......udgment April 30, 1985. The Small Causes Act, 1877 (IX of 1887), section 17 (1) read with Order IX, rule 13 of the Code of Civil Procedure, 1908 (Act No. V of 1908) The appellant is found to have willfully neglected to comply with the provision of section 17 (regarding deposit of the due......sed by the High Court Division, Rangpur Bench, in Civil Revision No.121 of 1983.) Judgment Shahabuddin Ahmed J.— Tenant-defendant of an ejectment suit has filed this appeal by special leave granted by us to consider the question whether the High Court Division's order on a revisional appli..Category: Tenancy Law | Date: | Hits: 159
Mahbubur Rahman Sikder and others Vs. Mujibur Rahman Sikder and others, 1983, 12 CLC (AD)
.... 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. ......hman Sikder and others...............Petitioners Vs. Mujibur Rahman Sikder and others...................Respondents Judgment April 18, 1983. Result: The Appellate Division has the power to review its judgment acting suo motu. The Constitution of the People’s Republic of Bang......ikder and others...............Petitioners Vs. Mujibur Rahman Sikder and others...................Respondents Judgment April 18, 1983. Result: The Appellate Division has the power to review its judgment acting suo motu. The Constitution of the People’s Republic of Bangladesh......stitution Act, namely, Government of India Act, 1935, no power to review has been conferred upon- the High Courts or even the Federal Court of India. 16. Subsequently, however, power to review was granted to the Supreme Court by the respective Constitutions of India and Pakistan. In the Indian Co..Category: Constitutional Law | Date: | Hits: 149
Kalipada Saha Vs. State, 1985, 14 CLC (AD)
....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. ......ble offence. Section 155(2) Cr P.C. as under: "No police- officer shall investigate a non-cognizable case without the order of a Magistrate of the first class or second class having power to try such case or commit the same for trial or of a presidency Magistrate". Section 22......il 9, 1985. The Drug Control Ordinance, 1982 (Ordinance No. VIII of 1982), section 22, clauses (b) and (c) Offences which fall within the ambit of the Drug Control Ordinance, 1982 are to be tried by the Special Tribunal set up under the Ordinance. A Court of Magistrate is incompete......e shop of the petitioner. Police filed an application for proclamation and attachment of the property of the son of the petitioner. The petitioner himself was arrested on 23-6-84 and was granted bail which, however, was cancelled by the learned Upazila Magistrate on 8-7-84. Subseq..Category: Criminal Law | Date: | Hits: 59
Ummu Kawsar Salabil Vs. Shams Corporation (Pvt.) Ltd. and ors., 1984, 13 CLC (AD)
....keep reserves Diesel & Petrol and his own cost and risk for regular supply and for any dislocation or short supply the supplier shall be responsible and necessary penalty will be imposed as per discretionary power of the Executive Engineer. 11 to 17...... Sd/- Illegible Executiv......Diesel & Petrol and his own cost and risk for regular supply and for any dislocation or short supply the supplier shall be responsible and necessary penalty will be imposed as per discretionary power of the Executive Engineer. 11 to 17...... Sd/- Illegible Executive Engineer (RH......hy;cord—For the Appellant. Maksum-ul Hakim, Senior Advocate, instructed by Abul Quasem Bhuiyan, Advocate-on-Record—For the Respondent No. 1. A.Y.Salehuzzaman, Deputy Attorney General, M.R.Khan, Advocate-on-Record-For the Respondent Nos. 2 and 3. Civil Appeal N...... the case is pending for trial expression of any opinion is not called for. Since there has been no violation there is no necessity for seeking the protection of such right and the Court shall not grant any protection where such violation has not been proved. Observations of the High Court Divis..Category: Others | Date: | Hits: 84
Bangladesh Vs. KM Zaker Hossain and others, 2002, 31 CLC (AD)
.... 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....... by the then Dhaka Improvement Trust (DIT, now RAJUK) on June 23, 1964 by a registered deed of lease. Mr. Wali Mohammad appointed his brother Abdul Rahman, (Respondent No. 4) attorney by a registered power of Attorney of March 31, 1970 with the authority to construct a building in the said plot as w...... others 47 DLR (AD) 71; Buxly Paints (Bangladesh) Ltd. Vs. Bangladesh 31 DLR (AD) 266; ICI (Bangladesh) Ltd. Vs. M/S G. K. Brothers 36 DLR 114. Lawyers Involved: AJ Mohammad Ali, Additional-Attorney-General (Firoz Shaha, Assistant-Attorney-General and Naima Haider, Assistant Attorney General......e of contract was pending in violation of Section 5 of the Ordinance 54 of 1985 and as such the action of the respondent No.1 in the matter of enlistment is found ex facie illegal." 10. Leave was granted to consider the submissions that in a case before the Court of settlement the initial presum..Category: Property Law | Date: | Hits: 40
M/s. House Building Finance Corporation Vs. Commissioner of Income Tax, Dhaka, 1984, 13 CLC (AD)
....rofits and gains cannot properly be deduced there from, then the computation shall be made upon each basis and in such manner as the Income-tax Officer may determine." ......bsp; 22. As during the bearing of the appeal the main contention centered round the scope of exercise of power by the Income-tax Officer under section 13 of the Income-tax Act, only a brief reference may ......and United Provinces (1935) 3 ITR 140; M/s. Ram Kumar Kedar Nath V. Commissioner of Income-tax, Bombay (1937) 5 ITR, 361. The appellant Corporation like any other assessee cannot be charged to income-tax on any income, profits or gains which has not been actually received by it…&he....... Appellant, a statutory body constituted under House Building Corporation Act, 1952 was created for the purpose of providing financial facilities for construction of houses in cities and towns by granting loans on security by mortgaging land and the house to be constructed thereon. Accordi..Category: Fiscal/Taxation Law | Date: | Hits: 102
State Vs. Abul Kashem, 1985, 14 CLC (AD)
.... In the result, the appeal is allowed, the High Court Division's order is set aside and that of the trial Court restored. Ed. This Case is also Reported in: 37 DLR (AD) 91. ......lice Ordinance, 1978 (48 of 1978) Section 79 The Code of Criminal Procedure, 1898 (V of 1898) Section 33(1) It is clearly found that all Courts including the Court of a Magistrate got power to direct recovery of fine, when the offence is punishable only with fine, by any of the thre......rdinance, 1978 (48 of 1978) Section 79 The Code of Criminal Procedure, 1898 (V of 1898) Section 33(1) It is clearly found that all Courts including the Court of a Magistrate got power to direct recovery of fine, when the offence is punishable only with fine, by any of the three meth...... In the result, the appeal is allowed, the High Court Division's order is set aside and that of the trial Court restored. Ed. This Case is also Reported in: 37 DLR (AD) 91. ..Category: Criminal Law | Date: | Hits: 39
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