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Md. Jafar Ullah Vs. Bangladesh, 2014, 43 CLC (HCD)
.... given is hereby vacated. Communicate copies of this judgment to the respondents at once. Md. Badruzzaman J.- I agree. Ed.66 This Case is also Reported in: DLR (2014) (HCD) 380 ...... ‘Lottery’ is a form of gambling punishable under Section 294A of the Penal Code with exceptions provided therein. e) the Magistrate of a district or other officer invested with full power of a Magistrate or the District Superintendent of Police may either himself enter, or by his w......ection 294A Gambling, its meaning, extent and status under law a) any game that is played for money, wager or stake or in other words played risking money or something of value for a chance to win a prize is gambling. b) the Nupun Khela including 1-10, 1-8, Dice and Howji are varied f...... the place needs be notified as such by the Government and no person can open or keep open places of public amusement without, or otherwise than in conformity within the condition of, a license to be granted by the Deputy Commissioner. Under the Places of Public Amusement Act ‘keeping open a n..Category: Others | Date: 28 Jun, 2014 | Hits: 91
Khandker Abul Hashem Vs. The Commissioner of Taxes, 2014, 43 CLC (HCD)
....e Court of Bangladesh is directed to take steps under section 161(2) of the Income Tax Ordinance, 1984. S.H. Md. Nurul Huda Jaigirdar J. - I agree. Ed. This Case is also Reported in: ......n maintaining the reopening of the case assessed under section 84A of the Ordinance upon filing of return under self assessment scheme in as much as to the fact that section 83A(5) of the Ordinance empowering reopening of the self assessed case has been inserted by the Finance Act, 2003?” ......er section 161(2) of the Income Tax Ordinance, 1984. S.H. Md. Nurul Huda Jaigirdar J. - I agree. Ed. This Case is also Reported in: ......e Court of Bangladesh is directed to take steps under section 161(2) of the Income Tax Ordinance, 1984. S.H. Md. Nurul Huda Jaigirdar J. - I agree. Ed. This Case is also Reported in: ..Category: Fiscal/Taxation Law | Date: 9 Jun, 2014 | Hits: 3
Khandker Abul Hashem Vs. Commissioner of Taxes, 2014, 43 CLC (HCD)
....angladesh is directed to take steps under section 161(2) of the Income Tax Ordinance, 1984. S.H. Md. Nurul Huda Jaigirdar J. - I agree. Ed. This Case is also Reported in: ......n maintaining the reopening of the case assessed under section 84A of the Ordinance upon filing of return under self assessment scheme in as much as to the fact that section 83A(5) of the Ordinance empowering reopening of the self assessed case has been inserted by the Finance Act, 2003?” ......1(2) of the Income Tax Ordinance, 1984. S.H. Md. Nurul Huda Jaigirdar J. - I agree. Ed. This Case is also Reported in: ......angladesh is directed to take steps under section 161(2) of the Income Tax Ordinance, 1984. S.H. Md. Nurul Huda Jaigirdar J. - I agree. Ed. This Case is also Reported in: ..Category: Fiscal/Taxation Law | Date: 9 Jun, 2014 | Hits: 5
Shahin Reza (Md.) Vs. Nasiruddin Howlader and others, 2014, 43 CLC (AD)
.... and findings given by Nazmun Ara Sultana, J. Order of Court This appeal is dismissed by majority decision. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 243 ......ds Recovery Act, 1913 for arrears due in respect thereof, and there is on the tenure or holding a protected interest of the kind specified in section 160, clause (c) the purchaser may, if he has power under this Chapter or that Act to avoid all incumbrances, sue to enhance the rent of the land ...... Judgment June 5, 2014 Result: This appeal is dismissed. Limitation Act (IX of 1908); Article 120 Suit Field for Declaration of Title— Plaintiff is not bound to institute a suit for declaration that the records of right of the suit land are wrong. When an in......se contesting defendants on 1st Baishakh, 1355 BS at a rent of Taka 315 and delivered possession. That in pursuance of that settlement the landlord executed an amalnama on 1st Ashar, 1355 BS and also granted dakhilas in favour of the defendants and their predecessors-in-interest. At the time of SA o..Category: Limitation Law, Property Law | Date: 5 Jun, 2014 | Hits: 11
....hrough arbitration expeditiously.
The order of injunction granted earlier by the trial Court is hereby vacated.
Ed.
This Case is also Reported in: 15 BLC (HCD) (2010) 330
......ernational Cotton Association and shall be resolved by application of English Law and, as such, it is very much apparent form the plaint that the learned Joint District Judge, 1st Court, Dhaka has no power or authority to hear and decide matter under the instant suit as it is beyond its juris&s......& another..........Petitioners
Vs.
Mosharaf Composite Textile Mills Ltd...........Opposite Party
Judgment
May 28, 2014.
Result:
This rule is disposed of.
Arbitrators have no Jurisdiction over the Court but Court has Jurisdiction over the Arbitration—
......ision in that case was that a party who had issued an application (1) (2000 QB 554) to set-aside a default judgment (OP. Cit Para 6.13 and see to same effect Mustill & Bagd. P.472) (2) to be granted permission to bring a counterclaim, and (3) (Pitchers Ltd.Vs.Plura (Queensbury) Ltd. (1940) ..
Category: Arbitration Law, Civil Law, Procedural Law | Date: 28 May, 2014 | Hits: 7
....trative Appellate Tribunal, but for other grounds discussed above. Accordingly, the petition is dismissed.
Ed.
This Case is also Reported in: 67 DLR (AD) (2015) 127.
......rtment has been fixed by the Ministry of Finance with the final approval of higher authority like other Ministry/department and authorities; under sections 5(1) (2) of the said Act, no authority is empowered to change the pay scale against any post. As per the provision of Rules 9(a)(7) of the Rules......The petition is dismissed.
Lawyers Involved:
KhurshidAlam Khan, Advocate instructed by Zainul Abedin, Advocate-on-Record—For the Petitioner.
Sarder Rashed Zahangir, Deputy Attorney-General instructed by Md. Zahirul Islam, Advocate-on-Record— For the Respondents.
......trative Appellate Tribunal, but for other grounds discussed above. Accordingly, the petition is dismissed.
Ed.
This Case is also Reported in: 67 DLR (AD) (2015) 127.
..
Category: Administrative Law | Date: 25 May, 2014 | Hits: 9
State and another Vs. Abdul Kader @ Mobile Kader and others, 2014, 43 CLC (AD)
.... under sections 302/120B of the Penal Code and he be released from Jail at once, if not wanted, in connection with any other case. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 6. ......accused Abdul Quader not to be worried-all of them would cooperate and that Lawrance would perform the responsibility. This witness also admitted that P.W. 2 did not tell him that as BNP came to power, Moulana Kader might cause harm to them; that the task should be given to Lawrance and that al...... May 14, 2014. Result: Criminal Appeal No.22 of 2010 is allowed. Criminal Appeal No.23 of 2010 is dismissed. Criminal Appeal No.24 of 2010 is allowed. Case Referred to- Mirza Akbar Vs. King of Emperor, AIR 1940 PC 176; Williams and Coleridge, JJ, Reg Vs. Blake......is appeal. State preferred two appeals against the order of acquittal of the above two accused persons and convict Ataur Rahman preferred another appeal against his conviction. 5. Leave was granted to consider whether the High Court Division was justified in acquitting the accused-res..Category: Criminal Law | Date: 14 May, 2014 | Hits: 16
State Vs. Faisal Morshed Khan and another, 2014, 43 CLC (AD)
....ccordingly, both the criminal petitions for leave to appeal are dismissed with the observation made in the body of the judgment. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 236. ...... legal validity which should not be questioned by another independent government department unless the Income Tax Department reviews its own assessment. There cannot be a conflicting exercise of power between the two independent departments of the Government. If the assessment of valuation made......5, 2014. Result: Both the petitions for leave to appeal are dismissed. Cases Referred to- Mohiuddin Khan Alamgir Vs. Anti-Corruption Com......ccordingly, both the criminal petitions for leave to appeal are dismissed with the observation made in the body of the judgment. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 236. ..Category: Anti-Corruption Laws | Date: 5 May, 2014 | Hits: 8
Md. Abul Bashar Vs. Government of Bangladesh, 2014, 43 CLC (HCD)
....nd needs of citizens and their wellbeing from cradle to grave gave rise to huge administrative apparatus. ‘Intensive governments of the modern kind cannot be carried out without a great deal of discretionary power. Parliamentary draftsmen strive to find new forms of words which make discretion......the signature of Respondent No.2 vide his office Memo dated 05.12.2012 creating a new jurisdiction for another Nikah Registrar curtailing the jurisdiction of the petitioner purportedly in exercise of power under Section 4 of the Muslim Marriages & Divorces (Registration) Act, 1947, (hereinafter ......e and Parliamentary Affairs, Bangladesh Secretariat, Ramna, Dhaka and others……Respondents Judgment May 4, 2014 Result: The Rule is made absolute. Cases Referred to- Mlv Md. Abdul Khiurshid Alam Vs.Bangladesh & others, 50 DLR (AD) 82; Maulana Kazi Moham......ge conferring power is worded and how that leaves scope for the Ministry to act in the manner it did. Section 4. For the purpose of registration of marriages under this Act, the Government shall grant licenses to such number of persons, to be called Nikah Registrars, as it may deem necessary fo..Category: Administrative Law, Constitutional Law | Date: 4 May, 2014 | Hits: 5
....ion in that respect.
In view of the above, we find no merit in the leave petition.
Accordingly, the same is dismissed.
Ed.
This Case is also Reported in: 20 BLC (AD) (2015) 138.
......from 1-7-1987, but the respondents perversely and arbitrarily found at least twice that the service of the writ-petitioner was not regularized and thus the respondents in colourable exercise of their power illegally refused to recognize his status and seniority, earned in course of his employme......138.
......ion in that respect.
In view of the above, we find no merit in the leave petition.
Accordingly, the same is dismissed.
Ed.
This Case is also Reported in: 20 BLC (AD) (2015) 138.
..
Category: Employment/Service Law | Date: 4 May, 2014 | Hits: 7
Ayub Hossain Khan (Md.) Vs. Bangladesh and others, 2014, 43 CLC (AD)
....rine the demands of fairness are proving the stronger. But these demands cannot be pressed to the point where they obstruct change of policy which a government should be at liberty to make within its discretionary power or legitimate practice". 78. The legal position after analyising the a......sed a kind of code of fair administrative procedure. 29. Natural Justice plays much the same part in British Law as does "due process of law" in the U.S. Constitution. However wide the powers of the state and however extensive the discretion they confer, it is always possible to requi......uman Rights and peace for Bangladesh [In Civil Petition 1902 of 2011]……..Respondent Judgment May 4, 2014. Result: Both the appeals are dismissed. Cases Referred to- Dulichand Omraolal Vs. Bangladesh, 33 DLR (AD) 30; Mofazzal Hossain Vs. Bangladesh, 43 DLR ......ee's application who has been paying rents in advance. The swearing respondent invested substantial sums of money for repairing and refurbishing the roof of the building pursuant to approval granted by the Ministry of Land to permit such repair work, of which the authorities were aware..Category: Civil Law, Property Law | Date: 4 May, 2014 | Hits: 20
Khan Mohammad Ameer Vs. Atiqur Rahman and others, 2014, 43 CLC (HCD)
....t is directed to proceed with the suit as per law. Send down the lower Court's records at once. Communicate the order. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 2008 ......cess of the Court, if the suit is foredoomed or if the ultimate result of the suit is as clear as the daylight, the suit should be buried at its inception by rejecting the plaint by invoking inherent powers of the Court. ...(43) Question of limitation being a mixed question of law and fact......en question of rejection of a plaint would arise. A plaint with disclosure a cause of action, then the questions whether that cause of action was actually present, whether it was sufficient to file the suit etc., being question of fact cannot be decided at the initial stage and can be deci......t is directed to proceed with the suit as per law. Send down the lower Court's records at once. Communicate the order. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 2008 ..Category: Civil Law, Procedural Law | Date: 30 Apr, 2014 | Hits: 6
Parul Nath and others Vs. State, 2014, 43 CLC (AD)
....urt Division in Criminal Miscellaneous Case No.4296 of 2006 and by this Court in Criminal Appeal No.43 of 2009 stand Accordingly. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 77. ......sions of the Code, so far as they are not inconsistent with the provisions of the Act, shall apply to the proceedings of the Special Tribunals, and such Special Tribunals shall have all the powers conferred by the Code as a Court of Sessions exercising original jurisdiction. The Act, ........................................................Respondent Judgment April 27, 2014. Result: The leave petition is disposed of on terms. Case Referred to- Gannysons Ltd Vs. Sonali Bank, 37 DLR (AD) 42. Lawyers Involved: Abdullah-al-Mamu......sp;in Criminal Miscellaneous Case No.4296 of 2006 quashing the proceedings of GR Case No.393 of 2005, the State preferred Criminal Petition for Leave to Appeal before this Court and leave having been granted gave rise to Criminal Appeal No.43 of 2009. The appeal was dismissed by this Court on 12-10-..Category: Criminal Law, Property Law | Date: 27 Apr, 2014 | Hits: 8
Pubali Bank Limited Vs. Commissioner of Taxes, 2014, 43 CLC (HCD)
....ngladesh, is directed to take necessary steps under Section 161(2) of the Income Tax Ordinance, 1984. S. H. Md. Nurul Huda Jaigirdar J: I agree. This Case is also Reported in: ......erest thereon or the amount of actual provision for such bad or doubtful debt and interest thereon in the books of the assessee, whichever is less? (iii) Whether the Income Tax Ordinance, 1984 empowers the Income Tax Authority to disallow any expenses other than those which come under section 3......Section 161(2) of the Income Tax Ordinance, 1984. S. H. Md. Nurul Huda Jaigirdar J: I agree. This Case is also Reported in: ......e shall be deemed to be a profit of the year in which it is recovered: Provided further that no deduction under this clause shall be allowed in respect of— (a) any amount representing grant allowed by the Government in the form of 15 years Special Treasury Bonds; (b) any loan ad..Category: Fiscal/Taxation Law | Date: 27 Apr, 2014 | Hits: 6
Chittagong Steel Mills Ltd and another Vs. MEC, Dhaka & others, 2014, 43 CLC (AD)
....e do not find any substance in this appeal. Accordingly, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 66 DLR (AD) (2014)246. ...... of the Code .of Civil Procedure, it was held as under: "If the trial Court had not awarded interest as provided in section 29 of the Arbitration Act, the appellate Court has/had ample power under Order XLI, rule 33 of the Code of Civil Procedure to pass any decree and make any order ........Appellants Vs. MEC, Dhaka & others .......................................Respondents Judgment April 23, 2014. Result: The appeal is dismissed. Cases Referred to- WAPDA Vs. Khanzada Md. Abdul Haque Khan Khattak and Company, PLD 1990 SC 359. Lawyers ......s Appeal No.157 of 2001 and Civil Rule No.321 (FM) of 2001 dismissing the appeal and discharging the Rule and allowing the Cross Appeal/Objection No.5/2001 filed by the plaintiff-respondent No.1 granting interest on the Award amount @ 5% from the date of Award till payment. 2.The facts, le..Category: Civil Law | Date: 23 Apr, 2014 | Hits: 10
Nur Mohammad and others Vs. Mosammat Kamla Khatun and others, 2014, 43 CLC (AD)
....ide and the suit is remanded to the trial Court. The trial Court is directed to dispose of the suit as expeditiously as possible. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 205 ......ide and the suit is remanded to the trial Court. The trial Court is directed to dispose of the suit as expeditiously as possible. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 205 ...... Sikder Mokbul Haque, Advocate, instructed by Md. Taufique Hossain, Advocate-on-Record—For the Respondent No.1. None Represented—Respondent Nos. 2-33. Civil Petition for Leave to Appeal No. 2340 of 2009. (From the judgment and order dated 17-5-2009 passed by the High Cou......ide and the suit is remanded to the trial Court. The trial Court is directed to dispose of the suit as expeditiously as possible. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 205 ..Category: Civil Law, Procedural Law | Date: 17 Apr, 2014 | Hits: 2
AZM Tajul Islam vs. Government of Bangladesh and others, 2014, 43 CLC (HCD)
....seniority and experience, on the basis of the ACR within 15 days of receipt of this judgment and order. Ed. This Case is also Reported in: 20 BLC (HCD) (2015) 266. ......e supplemental, as opposed to sub-stitutional, role of the Tribunal constituted under Article 117 of the Constitution was already conceded and permitted to the Tribunals in Mujibur Rahman case and no power of judicial review under Article 102(2) was conceded to the Tribunals in that case. The writ p........................Petitioner Vs. Government of Bangladesh and others.............Respondents Judgment April 3, 2014 Result: The Rule is made absolute. Case Referred to- Bangladesh Vs. Shafiuddin, 50 DLR (AD) 27; Delwar Hossain Mia (Md.) Vs. Bangladesh, 52 DLR ......fore, making or issuance of the final order, as such, the instant petition and its cause of action are not amenable to the Administrative Tribunal. 48. The instant petitioner seeks remedy for flagrant violation of equal protection of law as guaranteed under Article 27 of the Constitution. He fu..Category: Administrative Law | Date: 3 Apr, 2014 | Hits: 6
....from April 2011, within 2(two) weeks from the date of receipt of this judgment.
Communicate copies of the judgment at once.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 46.
......f the of UCCA- Executive Committee to stop her salary and allowances; formation of a three-member committee to inquire into the matter which, however, felt embarrassed; proposal for forming high power inquiry committee and keeping the issue still alive, as appears from the affidavit-in-opp..........Respondents
Judgment
March 13, 2014.
Result:
The Rule is made absolute
Constitution of Bangladesh, 1972; Article 102(2)
The nature of order stopping salary, allowances and keeping off the indicted employee from duty is unheard of and not kno......from April 2011, within 2(two) weeks from the date of receipt of this judgment.
Communicate copies of the judgment at once.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 46.
..
Category: Constitutional Law, Employment/Service Law | Date: 13 Mar, 2014 | Hits: 6
Ekramul Haque Balbul Vs. Md. Faiz and others, 2014, 43 CLC (AD)
....mpugned judgement and order is set aside. Saber Hossain Chowdhury is exonerated from the charge leveled against him. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 208. ......vision all the appellants expressed their highest regard and respect for the Supreme Court, however, we note that the appellants all contested the Rule issued by the High Court Division. 17. The power of the Supreme Court to punish anyone for contempt of that Court is found in Article 108 ......eal No.12/05] VS. Md. Faiz and others ….......................Respondents (In all cases) Judgment March 11, 2014 Result: The Appeal is allowed. Case Referred to- Md. Riaz Uddin Khan Vs. Mahmudur Rahman, 63 DLR (AD) 29, Sir Edward Snelson Vs. Judges, Hig......mpugned judgement and order is set aside. Saber Hossain Chowdhury is exonerated from the charge leveled against him. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 208. ..Category: Constitutional Law, Contempt of Court Law | Date: 11 Mar, 2014 | Hits: 16
....;
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 204
......ituted by the Government, relax in exceptional cases the condition of length of experience for promotion specified in Schedule-II;"
14. It is true that the said Rule provides with the power of relaxation of the condition of length of experience for promotion in exceptional cases but ......13.
Judgment
Kazi Md. Ejarul Hague Akondo J.— This Rule Nisi, under Article 102 of the Constitution of the People's Republic of Bangladesh, was issued calling upon the respondents to show cause as to why the Notification No. ৩à§.০০.০০০০.০à§à§§.০২.০১৬.à......cation from the same date as of the impugned notification dated 13-8-2013 (Annexure-G).
16. In the light of the above observations the Rule is disposed of without any order as to cost.
Stay granted at the time of issuance of the Rule is hereby vacated. &n..
Category: Constitutional Law, Employment/Service Law | Date: 9 Mar, 2014 | Hits: 3
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