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....der Article 102(2)(a)(i) and (ii) of the Constitution of the People's Republic of Bangladesh, a Rule Nisi has been issued, calling upon the respondents to show cause as to why the order dated 17-5-2003 passed by the respondent No. 6 in pursuance of the order dated 19-2-2003 passed by t......ules, 1955, were decided against the appellants, vide the judgment and order dated 14.10.2001, which is well reasoned and all the relevant facts have been detailed in the said judgment as well as the decision of the superior court has been referred to by the appellate authority. Besides cases of bot..
Category: Constitutional Law, Property Law | Date: 28 Jun, 2015 | Hits: 1
Immam Hossain Sawdagor and others Vs. Abul Hashem and others, 2015, 44 CLC (AD)
....h, Advocate-on-Record—For Respondent No. 5. None Rrepresented—For Respondent Nos. 6-8. Civil Petition for Leave to Appeal No.1536 of 2010. (From the judgment and order dated the 4th day of June, 2009 passed by the High Court Division in First Appeal No. 328 of 1994) ......osed of by the Bench presided over by Nozrul Islam Chowdhury, J. within 2(two) months from the date of receipt of this judgment. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 266. ..Category: Civil Law, Procedural Law | Date: 15 Jun, 2015 | Hits: 12
....his Court on 04.05.2002 was pleased to issue a Rule Nisi in the following terms:
“Let a Rule Nisi issue calling upon the respondents to show cause as to why the impugned judgment and order dated 31.07.2000 passed by the respondent No. 2 as contained in Annexure I to the writ petition shou......ew of petitioners’ possession in the disputed property the same cannot be enlisted in “ka” schedule of the abandoned property. The learned advocate for the petitioners by citing two decisions reported in 53 DLR (AD) 55 and 54 DLR (AD) 100 and submits that notice as contemplated und..
Category: Abandoned Properties Law | Date: 27 May, 2015 | Hits: 35
....espondent No. 2 to approve Mr. Golam Sarwar as the President of the Governing Body of the Uttara High School and College, Dhaka, as contained in Serial No. 1 of the Memo being No. 265/Ka/Onu: /9/1309 dated 13-10-2014 (Annexure-A) issued under the signature of respondent No. 3 should not be declared ......In this petition, filed under Article 102 of the Constitution of the People's Republic of Bangladesh, a Rule Nisi has been issued calling upon the respondents to show cause as to why the impugned decision of the respondent No. 2 to approve Mr. Golam Sarwar as the President of the Governing Body ..
Category: Administrative Law | Date: 26 May, 2015 | Hits: 1
Abdul Monayem Lili Vs. Judge, Artha Rin Adalat & others, 2015, 44 CLC (HCD)
....s it stands. Provision of section 48 of the Ain mandates only to take into account the time for disposal of the case which relates only those days spen......ving no connection whatsoever with the period prescribed for publishing the auction notice under section 33(1) of the Ain. In support of his contention the learned counsel placed reliance in the decision of Peninsular Shipping Service Ltd Vs. Faruque Paint and Varnish Manufacturing Company Limi..Category: Banking Law | Date: 25 May, 2015 | Hits: 0
Mahmudul Islam Vs. Anti-Corruption Commi¬ssion and others, 2015, 44 CLC (HCD)
....e Nisi was issued in the following terms: "Let a Rule Nisi be issued calling upon the respondents to show cause as to why the demands made by Memo No. ACC/Accounts/ Audit/61/2009/16160 dated 3-11-2009 asking the petitioner to deposit Taka 17,921.25 as Value Added Tax (VAT), Memo No.AC......vice renderer and service receiver regarding payment of VAT, because VAT is an indirect tax burden of which has to be borne by the ultimate consumer or service receiver, cited the decision of the Appellate Division in AA Engineering Ltd. Vs. Khulna University reported in 66 DLR (..Category: Anti-Corruption Laws, Fiscal/Taxation Law | Date: 18 May, 2015 | Hits: 2
Sanjay Kumar Biswas Vs. State, 2015, 44 CLC (HCD)
....1 of 2012 Judgment Ashish Ranjan Das J.— This Criminal Appeal at the instance of the sole convict Sanjay Kumar Biswas has been directed against the judgment of conviction and sentence dated 19-4-2012 passed in Nari-o-Shishu Case No. 3 of 2003 arising out of Khoksa Police Station Case...... importance, but in the instant case Malati Rani's statement was dubious and absolutely unreliable that could not warrant a punishment. In the matter the appellant chiefly relied on the decision reported in the case of Sohel Rana Vs. State reported in DLR 205 page 591 and that of Siraj..Category: Women and Children | Date: 5 May, 2015 | Hits: 3
....Respondent (In Criminal P. No.374 of 2011)
Mahbubey Alam, Attorney General—For the Respondent (In all the Jail Petitions)
Civil Appeal No.116 of 2010
(From the judgment and order dated 2.3.2010 passed by the High Court Division in Writ Petition No.8283 of 2005.)
With
C......circumstances of the case. The High Court Division granted a certificate under Article 103(2) (a) of the Constitution without, however, formulating any point observing that “in the light of the decision of this court and since the constitutional right of the convict petitioner is still in ques..
Category: Criminal Law, Women and Children | Date: 5 May, 2015 | Hits: 83
....spondent ((In Criminal Petition No.374 of 2011)
Mahbubey Alam, Attorney General for the Respondent (In all the Jail Petitions)
Civil appeal no.116 of 2010.
(From the judgment and order dated Division in Writ Petition No.8283 of2.3.2010 passed by the High Court 2005.)
With
Cr......circumstances of the case. The High Court Division granted a certificate under Article 103(2) (a) of the Constitution without, however, formulating any point observing that “in the light of the decision of this Court and since the constitutional right of the convict petitioner is still in ques..
Category: Criminal Law, Women and Children | Date: 5 May, 2015 | Hits: 86
Hossain Ali and Others Vs. Government of Bangladesh and Others, 2015, 44 CLC (HCD)
....sh;For the Respondent No. 2. Writ Petition No. 4912 of 2003 Judgment Mohammad Ullah J.— This Rule Nisi was issued calling upon the respondents to show cause as to why the notices dated 10-4-2003 issued under the signature of the respondent No. 4, Charge Officer and Assistant Set...... that on the face of the final publication of the record-of-rights in the name of the petitioners, the respondent No. 4 had no jurisdiction to hear the appeal cases except for a challenge of the said decision under section 145A of the Act before the Land Survey Tribunal constituted under S..Category: Property Law, Tenancy Law | Date: 30 Apr, 2015 | Hits: 4
State Vs. Abdus Salam and others, 2015, 44 CLC (AD)
....nt. Khondaker Mahbub Hossain Senior Advocate instructed by M Ashrafuzzaman Khan, Advocate- on-Record—For Respondent. Criminal Appeal No.62 of 2007. (From the judgement and order dated 31-8-2005 passed by the High Court Division in Criminal Appeal No.2528 of 1997.) Judgment......urrender before the concerned Court, the Chief Judicial Magistrate of Sylhet shall take step to take them in custody. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 376 ..Category: Criminal Law, Procedural Law | Date: 29 Apr, 2015 | Hits: 10
Rukunuddin Mollah (Md.) and others Vs. Artha Rin Adalat 2nd Court and others, 2015, 44 CLC (HCD)
....been issued at the instance of the Petitioner calling upon the Respondents to show cause as to why the Notice for auction published in the daily "Inquilab" and "Bhorer Kagoj" both dated 24-1-2013 (Annexures T and 'F-l') shall not be declared to be without any lawful autho......ntended to be decided. The only qualification to such amending authority is that it ought not to result in any injustice. Indeed, the Court in the Hemanta Kumar Ghosh Case referred to an earlier decision in Midnapur Zamindary Co. Ltd. Vs. Abdul Mil Mia, reported in 37 CWN 500 (1933) which, subs..Category: Banking Law, Others | Date: 27 Apr, 2015 | Hits: 10
Hasina Ahmed Vs. State, 2015, 44 CLC (HCD)
....her husband has been out of trace. The petitioner did not make any written complaint to that effect. On the basis of oral information, the Officer-in-Charge made a General Diary (GD) being GD No. 634 dated 11-3-2015 and immediately visited the place of occurrence and also conducted primary......ee— Government may set up an inquiry committee in the interest of public, if they feel it expedient in the circumstances of the case. Government is at liberty to take independent decision about formation of any kind of inquiry committee/inquiry commission…........(21) ..Category: Criminal Law, Procedural Law | Date: 20 Apr, 2015 | Hits: 2
....2-2013. Accordingly, by prescription in section 81(1) of the Act it was incumbent upon the Company to hold the 7th AGM no later than 28-5-2014 i.e. within a period of fifteen months computed from the date of the 6th AGM. However, citing inadvertence in so duly holding the 7th AGM and attributing the......upon the holding of such AGM.
The cost of this Application shall be borne out of the funds of the Company.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 326
..
Category: Company Law | Date: 15 Apr, 2015 | Hits: 7
Lutfor Rahman Mollah (Md.) and another Vs. M Safiul-Alam, 2015, 44 CLC (HCD)
.... Civil Revision No. 2569 of 2014. Judgment Sheikh Abdul Awal J.— This Rule was issued calling upon the opposite party to show cause as to why the impugned judgment and decree dated 18-3-2014 (decree signed on 25-3-2014) passed by the learned Additional District Judge, 7th Co......hich was subsequently transferred to the Court of Additional District Judge, 7 Court, Dhaka for disposal, who by the impugned judgment and decree dated 18-3-2014 dismissed the appeal and affirmed the decision of the trial Court on the finding that the plaintiffs' lease agreement has already been..Category: Civil Law, Procedural Law | Date: 13 Apr, 2015 | Hits: 10
Muhammad Kamaruzzaman Vs. The Government of Bangladesh, 2015, 44 CLC (AD)
....e context of the 1971 war, g defence could in fact discredit the veracity of P.W.3’s deposition as in (i) cross examination that P.W. stated that the date of occurrence of Charge No.3 was late October, 1971 although the actual date was May, 1971 (ii)......low, unanimously acquitted him ofcharge No.1, and by majority maintained the conviction and sentencein respect of charges Nos. 2 and 7. Death sentence on charge No.3 has been maintained by a majority decision. FURNISHED GROUNDS In seeking review of our aforementioned appellate judgment and..Category: Criminal Law, International Crimes Tribunal Law | Date: 5 Apr, 2015 | Hits: 60
....stry and warehoused in any special bonded warehouse or in any hundred percent export oriented industry, may remain in such warehouse or industry for a period not exceeding forty eight months from the date of warehousing. The customs authority may legally demand the amount of duties, taxes, etc.......shy;cate the matters in accordance with law.
No cost.
Communicate the judgment to respondent No. 1 at once.
Ed.
This Case is also Reported in: 68 DLR (HCD) (2016) 98
..
Category: Fiscal/Taxation Law | Date: 2 Apr, 2015 | Hits: 0
Asek Elahi Vs. Jalal Ahmedand others, 2012, 41 CLC (AD)
....he transaction was a mortgage by conditional sale within the meaning of section 58(c) of the Transfer of property Act and the period of limitation for redemption of such mortgage is 60 years from the date of expiry of years from 21 April 1941. The suit is, therefore, not barred by limitation or in t......lates that he shall have a right to repurchase". 13. As to the difference in the legal effect of a sale with a condition of repurchase and a mortgage by conditional sale, it is said in some decisions, it is often a matter of extreme difficulty to decide which of these two transactions a pa..Category: Property Law | Date: 14 Mar, 2015 | Hits: 45
Aminul Karim (Md.) Vs. Government of Bangladesh and others, 2015, 44 CLC (HCD)
....nt's office (Sonali Bank) when the cheque was dishonoured. According to the contents of the said complaint, the petitioner issued a cheque of Pubali Bank, Khatungonj Branch being No. 9724939 dated 29-11-2012 for an amount of Taka 80,00,00,000 (eighty crore only) in favour of the complainant......ficient fund cannot have any bearing upon the proceeding of Artha Rin Adalat and for that reason the same should not be stayed. The learned counsel in support of his contention placed reliance in the decision of Majed Hossain Vs. State, 17 BLC (AD) 177. Therefore, he submits that in all fairnes..Category: Banking Law, Procedural Law | Date: 9 Mar, 2015 | Hits: 0
Nurul Huda (Md.) Vs. State, represented by the DC, Lalmonirhat, 2015, 44 CLC (AD)
....lant. Biswajit Deb Nath, Deputy Attorney-General instructed by Mahmuda Begum, Advocate-on-Record— For the Respondent. Criminal Appeal No. 59 of 2009. (From the judgment and order dated the 4th day of October, 2007 passed by the High Court Division in Criminal Appeal No.158 of 20......from the date of his conviction; so, let the accused be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 231. ..Category: Criminal Law, Women and Children | Date: 8 Mar, 2015 | Hits: 18
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