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....ed possession of
that land and since then they had been possessing the same by paying rents to
the Government. Md. Sirajul Islam Chowdhury subsequently died leaving the writ
petitioners as his legal heirs who have inherited his 10 acres leasehold land. The other lessee Syed Muhammad Ullah g......
view of the above, it is evident, that there is no merit in this Civil Petition
for leave to appeal and hence it is dismissed.
Ed.
This Case is also Reported in: 9 ADC (2012) 832.
..
Category: Procedural Law | Date: 7 Jun, 2012 | Hits: 5
Grameen Telecom Vs. Commissioner of Taxes, 2012, 41 CLC (HCD)
.... Being aggrieved by the said order, the assessee filed 2nd Appeal before the Taxes Appellate Tribunal, Division Bench-3, Dhaka (the Tribunal, in brief) stating that the Commissioner of Appeal was not legally justified in confirming major disallowances of the DCT and allowing a partial relief fr......istrar, Supreme Court of Bangladesh is directed to take step under section 161(2) of the Income Tax Ordinance, 1984. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 241 ..Category: Fiscal/Taxation Law | Date: 3 Jun, 2012 | Hits: 4
Mehedi Hasan @ Modern (Md.) and others Vs. State, 2012, 41 CLC (AD)
....ons 302/34 of the Penal Code. 4. It is argued that the facts proved by the prosecution do not come within the mischief of culpable homicide amounting to murder and therefore, the conviction is illegal. It is further contended that the knowledge or intention to commit an act specified in section......t;is about 18 years old". 118. Judges are not experts in assessing age. Indeed doctors, some of whom during the course of their studies gain knowledge in age assessment have been denied the status of being experts in age assessment in a Privy Council decision (cited below). Reference may p..Category: Criminal Law, Women and Children | Date: 3 Jun, 2012 | Hits: 30
Bangla Phone Limited Vs. Huawei Tech Investment Ltd. and another, 2012, 41 CLC (HCD)
....e petitioner, instead quoted higher prices for the equipments in the quotations. The petitioner requires for the smooth maintenance of the project and around of the project so the petitioner issued a legal notice dated 30.12.2007 which was replied by the respondent No.1 on 16.1.2008 showing an uncle......the service rendered by the respondent company to the petitioner may be finally adjudicated by the SIAC Arbitration. However, there shall be no order as to costs. This Case is also Reported in: ..Category: Arbitration Law | Date: 3 Jun, 2012 | Hits: 61
....ccount register and stopping the supply of the goods till having positive balance in the said register (Annexure-G) should not be declared to have been done without lawful authority and is of no legal effect and/or such other or further order of orders passed as to this Court may seem fit and p...... from the date of receipt of a certified copy of this judgment and order.
Communicate this judgment and order at once.
Ed.
This Case is also Reported in: 65 DLR (HCD) (2013) 478
..
Category: Fiscal/Taxation Law | Date: 30 May, 2012 | Hits: 3
Kazi Md. Habib Ullah Vs.Bangladesh and others, 2012, 41 CLC (HCD)
....sh panel for appointing a Nikah Registrar for No.1 Sindurpur Union Parishad under Upazila-Dagonbhuiyan, District-Feni should not declared to have been issued without lawful authority and hence, of no legal effect and as to why the respondents should not be directed to appoint the petitioner as the N...... with law. 19. The order of stay granted earlier by this Court is hereby vacated. There will be no order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 372. ..Category: Family Law | Date: 30 May, 2012 | Hits: 7
Government of Bangladesh and others Vs. Nurul Amin and anothers, 2012, 41 CLC (AD)
....al right already committed which may include the, power to award compensation in appropriate cases. The power of the High Court Division under Article 102 is very wide and is not fettered by any legal constaints in the enforcement of the fundamental rights inasmuch as the High Court Division po....... There was no statement in the writ petitions, Supplementary-Affidavits and Affidavits-in-Reply to the effect that the detenues were not provided with minimum facilities according to their status in jail custody for several days. This allegation was for the first time made by the lea..Category: Constitutional Law | Date: 29 May, 2012 | Hits: 5
Md. Mintu Chowdhury Vs. Khurshid Nayeem and others, 2012, 41 CLC (AD)
....aka and the order dated 08.10.1989 passed by the Assistant Commissioner (Land), Tejgaon Circle, Dhaka in Miscellaneous Case No.19 of 1987 to have been passed without lawful authority and are of no legal effect and also for a direction upon writ respondent Nos.3-5 to mutate their names in Case No......n the impugned judgment and order and consequently, no merit in the leave petition. Accordingly, the leave petition is dismissed. This Case is also Reported in: 18 MLR (AD) (2013) 46. ..Category: Property Law | Date: 29 May, 2012 | Hits: 12
Topon Kumar Roy Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....e elementary principles of natural justice- 'Inaction' of the respondents manifested in not giving the petitioner's government portion of monthly salary or MPO is found to be without legal authority. The same also reflects and arbitrary abdication of duty by a public authority ......har and the petitioner are the teachers of Sociology in the Higher Secondary stage and the petitioner claimed his MPO entitlement not for degree level but for higher Secondary level and, as such, his status is that of an additional teacher falling beyond the staffing pattern of the Janobal Kathamo N..Category: Administrative Law, Constitutional Law | Date: 24 May, 2012 | Hits: 8
Golam Ambia (Harun) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....s made absolute. Relationship between appellate court and trial court When an appellate court affirms the judgment of the trial court it becomes binding upon the respondents and they become legally bound to mutate the name of the petitioner as per judgment passed by the courts below&hellip......f the petitioner notoriously refused the title of Satish Chandra Datta and Ramesh Chandra Datta. Thereafter, the father of the petitioner excavated a pond in the suit land and by operation of law the status of Abdul Aziz as tenant was upgraded under Government. Abdul Aziz snowed his papers to the em..Category: Others | Date: 22 May, 2012 | Hits: 9
Marzan Abedin Vs. Judge, Artha Rin Adalat No. 4 Dhaka and others, 2012, 41 CLC (HCD)
....ner and 4 others in civil prison for 6 (six) months (Annexure-E-1) in so far as it relates to the petitioner only should not be declared to have been passed without lawful authority and is of no legal effect. 2. The background leading to the Rule, in short, is that the respondent No.2 Al-A......ication under section 34(1) of the Ain, if so advised, in this regard. Communicate this order to the Court concern at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 79. ..Category: Banking Law, Corporate Law | Date: 15 May, 2012 | Hits: 4
Seven Circle Bangladesh Ltd Vs. Labour Appel¬late Tribunal, 2012, 41 CLC (HCD)
....74 of 2009 (Annexure-E) setting-aside the judgment and order dated 14-5-2009 in Complaint Case No.04 of 2006 by the Third Labour Court, Dhaka has been passed without any lawful authority and is of no legal effect. 2. In this application under article 102 of the Constitution it has been stated t......reby declared to have been passed without lawful authority and is of no legal effect. There shall be no order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 122. ..Category: Labour and Industrial Law | Date: 15 May, 2012 | Hits: 23
Advocate Murshedur Rahman Chowdhury Vs. Bangadesh and others, 2012, 41 CLC (HCD)
.... expression "any individual or group of individuals" shall not be declared to be ultra vires to the Constitution and also declared to have been enacted without lawful authority and is of no legal effect and why section 19 of the Constitution (Fifteenth) Amendment Act, Amending Article 47(3......nguishable with the present case. In the Bern Bari case the Advocate was a person personally aggrieved for violation of his fundamental rights. Here in this case a citizen of Bangladesh with the status of millions of other citizens have come up with this writ petition alleging that amendment br..Category: Constitutional Law, International Crimes Tribunal Law | Date: 13 May, 2012 | Hits: 6
Md. Shahidul Islam Vs. State and another, 2012, 41 CLC (HCD)
.... process of law and the complaint petition with its proceeding are liable to be quashed. The learned Advocate for the petitioner further submits that the learned Judicial Magistrate, Pabna acted illegally on initiating proceeding without any documentary evidence or any sort of enquiry and passed......e, cognizable Court No.1 Pabna is hereby quashed. Send a copy of this judgment to the concerned Court immediately. Ed. This Case is also Reported in: 20 BLT (HCD) (2012) 545. ..Category: Criminal Law | Date: 13 May, 2012 | Hits: 6
....rther contended that the Syndicate of the BSMMU passed an order giving effect to the amicable settlement reached in between the parties, with some modifications. That the Tribunal committed no illegality directing parties to abide by the decision of the Syndicate. It is further contended that t...... as to costs.
Send down the LCRs along with a copy of the judgment to the Court below immediately.
Ed.
This Case is also Reported in: 18 BLC (HCD) (2013) 194.
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Category: Arbitration Law | Date: 10 May, 2012 | Hits: 16
Kali Mohan Das Vs. Mossammat Firoza Begum and others, 2012, 41 CLC (AD)
.... case is that before transferring the case land, seller respondent No.3 offered the case land to the pre-emptor on whose refusal, a bainapatra was executed and thereafter, pre-emptee No.1 published a legal notice through his learned lawyer in the local newspaper. As per said legal notice neither the......l of the appeal. The appeal will be heard along with the appeal arose out of the Civil Petition No.293 of 2010. Ed. This Case is also Reported in: 9 ADC (2012) 873; 9 ADC (2012) 862. ..Category: Property Law | Date: 10 May, 2012 | Hits: 7
Dr. Moos Bin Shamsher Vs. Ayub Ali and others, 2012, 41 CLC (HCD)
.... of agreement and out of rent of Taka 45,000 sometimes paid rent, at Taka 500, sometimes 2,000, 5,000 and 10,000 as a result huge amount of money as rent was fallen due. Plaintiffs on 1-9-2002 served legal notice upon defendant under section 106 of the Transfer of the Property Act and thereafter, fi...... 2009 is accordingly discharged. Send down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 99. ..Category: Contract Law, Tenancy Law | Date: 7 May, 2012 | Hits: 7
Professor Muhammad Yunus and another Vs. Bangladesh, 2012, 41 CLC (AD)
....Managing Director of the Bank as per decision of the Board without approval of the Bangladesh Bank in accordance with section 14(1) of the Ordinance, that his continuation in such office was not legal and that he was not legally holding the office of Managing Director. On 2nd March, 2011 the Ba......its employees have no force of law. 16. Upon hearing the parties and on consideration of the materials on record the following points have emerged for our consideration: a) What is the status of Grameen Bank? b) What is the status of its Managing Director? c) What is the ten..Category: Banking Law | Date: 5 May, 2012 | Hits: 220
Rajuk Karmachari Bahumukhi Samabaya Samity and another Vs. M/s Al-Razib Traders, 2012, 41 CLC, (HCD)
....oes not provide such jurisdiction to the High Court Division to exercise such power under Arbitration Act........ (17) Remedy prescribed by special law shall prevail over general law If any legal remedy is ordinarily available under both general law and special law, the remedy prescribed b......y;neous petition before the Appellate Division and the Appellant Division by the order dated 29-5-2011 directed a Division Bench of this Court to hear the matter by 12-6-2011 and allowed the order of status-quo granted by the learned Judge in Chamber to continue till the date i.e. 12-5-2011. 8...Category: Arbitration Law | Date: 3 May, 2012 | Hits: 18
Govt. of Bangladesh and others Vs. Md. Nurul Alam, 2012, 41 CLC (AD)
....of an appeal, so the question of rejection of an application on the ground of limitation" does not arise at all. But, unfortunately the Administrative Appellate Tribunal has failed to consider this legal aspect of the case in passing the impugned order. The Appellate Tribunal has also not stated ......ng afresh and to dispose of the same on merit in the light of the observations made and the findings given hereinbefore. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 97. ..Category: Administrative Law | Date: 29 Apr, 2012 | Hits: 12
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