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A. R. A. Jute Mills Limited Vs. Janata Bank and others, 2006, 35 CLC (AD)
....t the High Court Division correctly decided the matter and as such it does not call for our interference. 24. In view of the discussion made above, the petition is dismissed. Ed. ......t the High Court Division correctly decided the matter and as such it does not call for our interference. 24. In view of the discussion made above, the petition is dismissed. Ed. ......ting to immovable properties and that other facilities like 'interest free Blocked Account' were also made available to the petitioner and that the petitioner availed of the facilities and an amount of Tk.37,49,1,128.93 was outstanding against the petitioner as on 30.06.2000 and the ..Category: Banking Law | Date: | Hits: 121
....ayment of VAT which the petitioner avoided to pay is an appealable order in our view, the High Court Division rightly refused to issue the Rule.
6. Accordingly, the petition is dismissed.
Ed.
......ayment of VAT which the petitioner avoided to pay is an appealable order in our view, the High Court Division rightly refused to issue the Rule.
6. Accordingly, the petition is dismissed.
Ed.
......nd that the writ petitioner without writing the said purchased raw materials in the accounts register manufactured medicine by the said raw goods and supplied the same for the purpose of evading huge amount of taxes and thus for realization of total non-paid VAT of Tk.67,59,921.15/- filed the case. ..
Category: Fiscal/Taxation Law | Date: | Hits: 85
Md. Ashaduzzaman Vs. Bangladesh, 2006, 35 CLC (AD)
....pal amount he borrowed from the Bank. In the above facts and circumstances of the case, we find no merit in the leave petition. Accordingly, the petition is dismissed. Ed. ......pal amount he borrowed from the Bank. In the above facts and circumstances of the case, we find no merit in the leave petition. Accordingly, the petition is dismissed. Ed. ......spondent No.4, the latter cannot be said to be a bank loan defaulter unless the bank obtains a decree against him. Mr. Huq further submits that the respondent No.4 has already paid up the principal amount he borrowed from the Bank. In the above facts and circumstances of the case, we find..Category: Election Law | Date: | Hits: 120
Md. Saifur Rahman Emam Vs. Government of Bangladesh, 2006, 35 CLC (AD)
....ering the facts and circumstances of the case, we do not find any cogent reason to interfere with the judgment of the High Court Division. 8. Accordingly the petition is dismissed. Ed. ......ering the facts and circumstances of the case, we do not find any cogent reason to interfere with the judgment of the High Court Division. 8. Accordingly the petition is dismissed. Ed. ......urning Officer on the ground that he is a bank loan defaulter, as per papers submitted before the Returning Officer by the Manager, Rupali Bank Limited, Debuapur Branch, Patuakhali showing that an amount of Tk. 1,82.10,366/- was due to the bank by the writ petit inner. 3. We have heard Mr..Category: Election Law | Date: | Hits: 119
Md. Habibur Rahman Vs. M/S. Uttara Bank Ltd., 2005, 34 CLC (AD)
....our discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) 59. ......usiness through its branches in Rangpur and other places, (see AIR 1992 S.C. 1514). In the case of Union of India and another Vs. Ladulal Jain reported in AIR 1963 SC, 1681 it has been held: "The principle behind the provisions of cls. (a) and (b) of section 20 is that the suit instituted at a......ent No.2 filed Artha Rin Adalat Case No. 55 of 1990/82 of 1982 before the Court of Subordinate Judge and Artha Rin Adalat, Rangpur impleading the appellant as the sole defendant seeking decree for an amount of Tk.57,074/- and other ancillary reliefs. The said suit was decreed in 1990 and the Respond..Category: Civil Law | Date: | Hits: 130
Md. Shafique Ahmed Vs. Bangladesh, 2006, 35 CLC (AD)
....-IV) of the Supreme Court of Bangladesh (Appellate Division) Rules, 1988. 4. In the aforesaid premises, this petition merits no consideration and accordingly, it is dismissed. Ed. ......e curtailment took place without service of any notice upon the petitioner and respondent No. 2 upon malafide and arbitrary exercise of jurisdiction curtailed the area of the petitioner against the principle of natural justice. We have heard the learned Advocate-on-Record. Having regard to the s......-IV) of the Supreme Court of Bangladesh (Appellate Division) Rules, 1988. 4. In the aforesaid premises, this petition merits no consideration and accordingly, it is dismissed. Ed. ..Category: Others | Date: | Hits: 106
Al-haj Mohammad Seraj-ud-Dowla and others Vs. The Secretary, Ministry of works, 2006, 35 CLC (AD)
....ommitted any error or illegality and no case for interference by this Division has been made out, we find no merit in the petition for leave to appeal. Accordingly, it is dismissed. Ed. ......nd renumbered as Title Suit No. 18 of 1992; feat the plaint of Title Suit No. 18 of 1992 has been rejected as the disputed property is an abandoned property; that the present suit is barred by the principle of resjudicata; that the Government invited tender from the intending buyers through dail......ommitted any error or illegality and no case for interference by this Division has been made out, we find no merit in the petition for leave to appeal. Accordingly, it is dismissed. Ed. ..Category: Property Law | Date: | Hits: 54
Siddique Ahmed Chowdhury & others Vs. Gani Ahmed and others, 1979, 8 CLC (AD)
....is is a question of fact and hardly arises in this appeal by special leave. For the foregoing reason, we dismiss the appeal with costs. Ed. This Case is also Reported in: 33 DLR (AD) 1. ......he application of the special rule of onus to the facts of this case. The proposition of the rule in Ayani Dasi's case which requires consideration may be set out: "According to the established principle, in case of a document executed by an illiterate pardanashin lady, the burden lies on tho......is is a question of fact and hardly arises in this appeal by special leave. For the foregoing reason, we dismiss the appeal with costs. Ed. This Case is also Reported in: 33 DLR (AD) 1. ..Category: Property Law | Date: | Hits: 53
Bangladesh Vs. Hail Abdul Gani Biswas and others, 1980, 9 CLC (AD)
....ion of the High Court Division set aside and remitted back to the High Court Division for disposal. There will be no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 233 ......consequences do arise which are absurd or unjust, it would set the court to inquire if it was the intention of the law-maker to use the words in their ordinary significance. Having propounded the principle correctly, the learned Judges took pains to find that the amendment by President's Order......l not exceed by any agreement, express or implied, seven years: Provided that any such usufructuary mortgage may be redeemed at anytime before the expiry of the said period, on payment of an amount which shall bear the same proportion to the total consideration money received by the mortg..Category: Property Law | Date: | Hits: 85
Nasiruddin Vs. Government of the People's Republic of Bangladesh & ors, 1980, 9 CLC (AD)
....t Division and remit the case back to it for decision in the light of the observation made above. There will be no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 216 ......ication argued that the observation of the learned Judges that with the lifting of Martial Law the proceedings which had abated have became justifiable has no legal foundation. Apart from the general principle of law which says that repeal does not revive anything under repealed enactment, in the Fo......t Division and remit the case back to it for decision in the light of the observation made above. There will be no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 216 ..Category: Constitutional Law | Date: | Hits: 157
Abdur Rashid Vs. Secretary, Ministry of Cabinet Affairs, Establishment Div & ors, 1980, 9 CLC (AD)
....ere will be no order as to costs. Order of the Court By Majority view the appeal is dismissed but without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 201 ......ree increments of the appellant but the appointing authority passed the impugned order removing the appellant from his service. The appellant contended that the order was passed in violation of the principle of natural justice, in as much as, the appellant was not given any opportunity for cros......ere will be no order as to costs. Order of the Court By Majority view the appeal is dismissed but without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 201 ..Category: Employment/Service Law | Date: | Hits: 70
Commissioner of Income Tax, (Now Com. of Taxes), Ctg. Vs. Saifuddin A Siddiqui, 1980, 9 CLC (AD)
....f the Income Tax Act in this case. In the result, both the appeals are dismissed on contest without, however, any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 190 ......f the Income Tax Act in this case. In the result, both the appeals are dismissed on contest without, however, any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 190 ......ring the previous year………….(6) "Income applied" meant the income set apart in the wakf deed and not the income actually spent by the Mutwalli…………….(7) The unexpended amount of income, if any, need not be again set apart by the Mutwalli for being expended in the comi..Category: Fiscal/Taxation Law | Date: | Hits: 85
Badsha Mia Bepari Vs. Abul Bashar & ors., 1980, 9 CLC (AD)
....lating back becomes academic having no bearing with merits of the appeal. For the foregoing reason this appeal is dismissed with costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 183 ......first contention of Miah A. Gufur fails. 5. So far as the second question is concerned no doubt there is an authority in the case of Johar Mill Bhutra Vs. Jatindra Nath Base 34 C.L.J. 79 where the principle of doctrine of this pendency has been extended to a date anterior to the date of the suit ......lating back becomes academic having no bearing with merits of the appeal. For the foregoing reason this appeal is dismissed with costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 183 ..Category: Property Law | Date: | Hits: 57
Gopinath Ghose Vs. State, 1980, 9 CLC (AD)
....of the Constitution. In the result the appeal is allowed, the impugned proceeding is quashed and the gold is escheated to the State. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 177 ...... previous acquittal or previous conviction known in English Common Law as autre fois acquit or autre fois convict has been embodied within the language of sec. 403 (1) of the Code. The underlying principle is that if a person has been tried by a competent court for an offence and has been either...... be re-litigated in the subsequent trial being barred by the doctrine of issue-estoppel.…………(11) Mere application for return of the gold after acquittal does not, in the circumstances, amount to his admission of possession of the gold. In the previous trial he disclaimed it and the ..Category: Criminal Law | Date: | Hits: 42
Abdus Sattar & others Vs. Suresh Chandra Das & others, 1978, 7 CLC (AD)
.... we set aside the decision of the High Court Division and restore that of the trial Court. The appeal is allowed with costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 170. ......ay be set out as follows: 1. Whether the High Court Division was well founded in law in holding that a monthly tenancy under the Transfer of Property Act is heritable. 2. Whether upon a correct principle of law the learned Single Judge reversed the finding of fact u/s 25 of the Provincial Sm...... we set aside the decision of the High Court Division and restore that of the trial Court. The appeal is allowed with costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 170. ..Category: Tenancy Law | Date: | Hits: 67
Manager, Kushtia Sugar Mills Vs. Chairman, Khulna Labour Court and another, 1980, 9 CLC (AD)
....plication under that section is not maintainable. For the reasons stated above the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 162 ......under the definition of the latter Act. Since respondent No. 2 has been found to be a worker under the Shops and Establishment Act by the Labour Court he comes within the purview of the aforesaid principle stated in the Railway Men's case. This, however, is untenable; because the Shops and Est......plication under that section is not maintainable. For the reasons stated above the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 162 ..Category: Employment/Service Law | Date: | Hits: 68
Director of Taxation & Excise, Govt of East Pak. (now BD) Vs. Mehdi Ali Khan Panni, 1980, 9 CLC (AD)
....y order as to costs. ORDER OF THE COURT According to the majority view the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 138 ......d in case of unresolved ambiguity, does no longer find favour with the judicial authorities. This view of strict construction prevailed at a time when the doctrine of laissez faire was the ruling principle of economy of a State, but almost all the modern countries of the world have abandoned the...... 4(b) of the Bengal Agricultural Income Tax Act, 1944. (2) Whether in the case of Muslim trusts known as Wakf-al al-aulad mentioned in section 4 (b) of the Act, the words applied thereto' mean the amount of income set apart by the Wakif as per wakf deed for religious or charitable purposes, or th..Category: Trust/Waqf Law | Date: | Hits: 239
State, People's Republic of Bangladesh and others Vs. Haji Joynal Abedin, 1980, 9 CLC (AD)
....the decision of the majority the appeal is allowed. The judgment and order of the High Court Division dated May 4, 1978 are set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 110. ...... Martial Law Court is subject to judicial review of the High Court. He further submitted that in the absence of any guide line provided under Martial Law Regulation 3(2), it should be tested on the principle of natural justice. In elaborating his points he submitted that the power cannot be exer......the decision of the majority the appeal is allowed. The judgment and order of the High Court Division dated May 4, 1978 are set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 110. ..Category: Criminal Law | Date: | Hits: 294
Salimuddin Ahmed Vs. The State, 1980, 9 CLC (AD)
....t the proceeding should be quashed at this stage. In the result, therefore, this appeal is disposed of with observation aforesaid. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 103 ...... statement. The law on quashing has been settled by the decision of this Court in the case of Bangladesh vs. Tan Khong Hock, 31 D.L.R. (A. D.), 69. It has been observed: "It is an established principle that ordinarily proceedings instituted alleging criminal offence must be tried in acco...... case may call for interference under section 165 A of the Code where even on the admitted facts no criminal case stands against the accused, and further prolongation of the prosecution would amount to harassment to an innocent person, that is, abuse of the process of the Court. There ..Category: Criminal Law | Date: | Hits: 51
Hupen Majhi @ Hapan Tudu & ors Vs. Munshi Abul Khair, 1980, 9 CLC (AD)
....e of the appeal in terms of the earlier order of remand passed by the High Court Division. Let the matter be disposed of expeditiously. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 96 ......er of remand passed by the Court of appeal below to the High Court Division where some of the defendant-appellants had died and were not substituted whether the appeal abated as a whole. To test this principle substance of rules 4 and 33 of Order 41 of the Code requires to be looked into. Bereft of ......e of the appeal in terms of the earlier order of remand passed by the High Court Division. Let the matter be disposed of expeditiously. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 96 ..Category: Property Law | Date: | Hits: 73
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