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....hellip;…….Respondents
Judgment
April 5, 2015
Result:
The Rule is made absolute.
Income Tax Ordinance (XXXVI of 1984)
Section 120
IACT is empowered to call for the record of any proceeding from the DCT and examine the same under section&nbs...... (HCD) (2016) 91
......lip;….Respondents
Judgment
April 5, 2015
Result:
The Rule is made absolute.
Income Tax Ordinance (XXXVI of 1984)
Section 120
IACT is empowered to call for the record of any proceeding from the DCT and examine the same under section 120 ...... No costs.
Communicate the judgment to respondents No.3 and 4 at once.
J.N. Deb Choudhury J.—I agree.
Ed.
This Case is also Reported in: 68 DLR (HCD) (2016) 91
..
Category: Fiscal/Taxation Law | Date: | Hits: 0
Most. Renu Begum Vs. Khandoker Enamul Mowla and others, 2011, 40 CLC (HCD)
....o valid contract in between the parties as much as the defendant No.3, father of the minor-daughters was not appointed guardian by any Court and as such, he had no power to sell the minor's property. 6. The unsuccessful plaintiff then took an appeal there......................Plaintiff-appellant-petitioner Vs. Khandoker Enamul Mowla and others…......Defendant-respondent-opposite parties Judgment July 20, 2011. Cases Referred to- Result: The Rule is made absolute. Case Referred To- 5 BLC 649, 59 DLR (AD) ......a Pervin, Advocates-For the petitioner Zafar Ali Khan, Advocate-For the opposite party Nos.1-3 Civil Revision No. 4572 of 2009. Judgment Sheikh Abdul Awal J.- This rule was issued calling upon the opposite parties to show cause as to why the impugned judgment and decree dated 24.......the suit is hereby decreed. Let a copy of the judgment along with lower Court's record be set down at once. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 58. ..Category: Evidence Law | Date: | Hits: 6
Musammat Nahida Sultana Vs. Md. Bazlur Rahman Khan and others, 2012, 41 CLC (HCD)
....called on for hearing will determine the outcome of the proceeding under Order 41 Rule 19 of the Code of Civil Procedure. Order 41 Rule 19 of the Code of Civil Procedure gives ample power to the appellate Court to re-admit the appeal if the Court is satisfied that the appella......ip;Appellant Vs. Md. BazlurRahman Khan and others ………....Respondents Judgment November 14, 2012. Result: The appeal is allowed. Cases Referred to- 32 DLR (AD) 231; 21 DLR 353, 7 DLR 173 Lawyers Involved: Golam Arshed, Advocate&m......he State Acquisition and Tenancy Act on the allegation that the opposite party No.3 is a co-sharer by inheritance in the case jote, who transferred the case land to opposite party Nos.1 and 2 by a so-called deed of exchange in order to defeat the right of preemption of the petitioner. The pre-e...... this judgment. 28. Let a copy of the judgment along with reconstructed case record be sent down at once. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 32. ..Category: Civil Law, Procedural Law | Date: | Hits: 2
AKM Fazlul Haq and anothers Vs. People’s Republic of Bangladesh and others, 2010, 39 CLC (HCD)
....s from the date of receipt of the certified copy of the judgment and order passed today. There will be no order as to cost. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 178 ......ondents Judgment February 11, 2010. Result: The Rule is made absolute. Equality of Opportunity in Public Employment— Articles 29 and 31 of our Constitution relates to equality of opportunity in public employment. Persons serving in same category/class are to be tr......lacement and service in other departments. This is the well settled position of law, having been confirmed through several pronouncement of the apex Court. Consequently, any deviation therefrom would call for interference by this Court. When the classification appears to be unreasonable and arb......s from the date of receipt of the certified copy of the judgment and order passed today. There will be no order as to cost. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 178 ..Category: Administrative Law, Employment/Service Law | Date: | Hits: 5
.... purposes of this act, and of the salaries fees and allowances assigned to such officers and servants.”
He then mentioned clause I(d) of section 35 which confers on the Board the power to make by-law for regulating the conduct, period and other terms and conditions of service of.........Petitioners
Vs.
The Board of Trustees, Port of Chittagong, and others..........Respondents
Judgment
March 25, 1975
Result:
The Rule is discharged.
Cases Referred to-
A.F.M. Abul Fateh PFS, Ministry of External Affairs, Govt. of Pakistan, Karachi Vs. Pr......ff vis-a-vis their counter part of the Port Trust should be determined by treating them as having been transferred to the Port Trust on the said dates and individual letters of confirmation, wherever called for, will be issued on the basis of their seniority departmentally.
The Chief Accounts O......e made by the Chittagong Port Trust. He particularly mentioned clause (1) of section 33 of the Act which reads as follows:
“(1) The (Board) shall from time to time prepare and in meeting sanction schedules of the staff of officers and servants whom they deem it necessary to main..
Category: Administrative Law | Date: | Hits: 1
....ody is suspended under sub-section (1), the Registration Authority shall appoint an administrator, or a Care-taker Body consisting of not more than five persons, who shall have all the authority, and powers of the Governing Body under the constitution of the agency.
(3) Every order of suspensio......
March 3, 1975
Result:
The Rule be discharged.
Whether before taking any action by way of suspension of any Governing Body the aggrieved party i.e. the Governing Body would be entitled to receive any show cause notice—
In accordance with the principles of natural justice, ......rs, Bangladesh National Society for the Blind (Hereinafter refer to as the Society) questioned the validity of the order suspending the existing (Governing Body of the Society. A Rule Nisi was issued calling upon the respondent to show cause why the aforesaid order should not be declared to have bee......s elected as Chairman of the Board of Governors in the Annual General Meeting of the Society on 26-3-72. Among the other office bearers, one Mr. Akbar Kabir was elected General Secretary in the first meeting of the Board of Governors held on 28-3-73. The Board of Governors also appointed him the Exe..
Category: Constitutional Law | Date: | Hits: 2
Mojibur Rahman Gazi Vs. State, 1993, 22 CLC (HCD)
....‘appellant, has submitted that the appellant could not be legally convicted for the offence punishable under section 302 of the Penal Code as he caused the death of Sohel while he was deprived of the power of self control by grave and sudden provocation offered by P.W. 3 Asia Khatun and that the app......ip;…………………………..Respondent Judgment November 2, 1993. Result: The Reference is rejected. The sentence was too severe in consideration of the fact that the appellant is a young man of 35 years of age. It is ......ssions Case No.14 of 1990. 2. The case of the prosecution, in short, is, that on Sunday the 13th Falgun, 1396 BS corresponding to 25.2.90 at about 3.30 PM Informant's wife P.W. 3 Asia Khatun called herchildren P.W.s 4 to 6 and her husband's sisters P.W.s 7 to 10 who were invited to take......rwarded to the learned Sessions Judge, Jhalakati, for immediate necessary action in accordance with law. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 423 ..Category: Criminal Law | Date: | Hits: 2
Chairman, Power Development Board & Others, 1980, 9 CLC (AD)
....h Court and the Labour Court are set aside and the applications under section 34 are dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 59 ......ed or secured by law, award or settlement. (7) Lawyers Involved: Serajul Huq and Amir Hossain, Advocates, instructed by S.M. Huq, Advocate-on-Record-For the appellants Civil Appeal 102 to 108 of 1979 from Writ Petition 191 to 193 and 195 to 197 of 1977. Judgment Shahabuddin ......le of Tk. 70-105. It also appears that only those Helpers who were in the pay scale of Tk. 50-70 P.M. on November 24, 1964 fell into the category Linemen and those who were in the lower scale automatically fell into the category of Helpers. Of the seven respondents, three were appointed before this ......h Court and the Labour Court are set aside and the applications under section 34 are dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 59 ..Category: Labour and Industrial Law | Date: | Hits: 1
Babul Robin de' Rozario Vs. Elizabeth R Das another, 2014, 43 CLC (AD)
....n is disposed of. Sub-section (4) of section 439 of the Code debars the High Court Division to convert an order to acquittal to one of conviction. High Court Division has exceeded its revisional power by restoring the conviction on setting aside the order of acquittal to one of conviction.......p; April 17, 2014. Result: The petition is disposed of. Sub-section (4) of section 439 of the Code debars the High Court Division to convert an order to acquittal to one of conviction. High Court Division has exceeded its revision...... below to hear the matter afresh in accordance with law. The petition is accordingly disposed of with the above observation. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 207 ...... below to hear the matter afresh in accordance with law. The petition is accordingly disposed of with the above observation. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 207 ..Category: Criminal Law | Date: | Hits: 5
Haji Azizur Rahman and others Vs. Syeedul Haque Chowdhury, 1985, 14 CLC (HCD)
....D.L.R 18 that the Assistant Sessions Judge deemed to have been appointed as Additional Sessions Judge under the provision to sub-section (3) of Section 9 of the Code of Criminal Procedure has all the powers of Additional Sessions Judge except the passing of sentence of death and has jurisdiction to ................Petitioner Vs. Syeedul Haque Chowdhury...............................Respondent Judgment November 14, 1985. Result: The Rule is discharged. Cases Referred to- Abu Taher and others Vs. Mst. Razia Begum and another, 37 DLR 18; Abdul Kader Choudhury &am......bsp; Judgment Md. Abdul Jalil J.—This Rule issued at the instance of the accused petitioners calls in question an order dated 16.4.1984 passed by the Assistant Sessions Judge, 2nd Court, Chitta......the lower Court's records be sent down at once. Fazle Hussain Mohammad Habibur Rahman J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 4. ..Category: Criminal Law | Date: | Hits: 1
Mohammad Ali Vs. Sukur Ali (The State) & others, 1985, 14 CLC (HCD)
....minal Procedure under which an application for revival of the case as was made in the present case can be permitted to be filed. Not to speak of revival of the case by the Court concerned there is no power available to this Court even to direct fresh or further trial if the time as stipulated under ......ion No. 47 of 1984. Judgment A.T.M. Afzal J.—This Rule, at the instance of the informant-petitioner, was issued upon the Deputy Commissioner, Narsingdi and other Opposite-parties to show cause why the Order dated 24.9.84 passed by the Additional Sessions Judge, Second Court, Dha......sions of section 339C Cr.P.C. With the observations as above, this Rule is discharged. Latifur Rahman J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 1. ......sions of section 339C Cr.P.C. With the observations as above, this Rule is discharged. Latifur Rahman J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 1. ..Category: Criminal Law | Date: | Hits: 1
....ified the lady and stated that he was present at the time of writing of the deed.
9. The learned Advocate appearing for the plaintiff opposite party submits that section 31 of Registration Act empowers the Sub‑Registrar to attend the residence of executant but in such case the Sub‑Registrar...... heirs: Md. Abdul Gofur Shah and others ……………Opposite‑Parties
Judgment
August 5, 1992.
Result:
The Rule stands discharged.
Cases Referred to-
Rokeya Khatun Vs. Alijan Bepari and others, BLD 1982 (AD) 139; 33 DLR (AD) 1; Siddique Ahme......dul Momin Talukdar, Advocate‑For the Opposite‑Parties.
Civil Revision No. 263 of 1986 (Rangpur)
Civil Revision No. 1476 of 1990 (Dhaka)
Judgment
Syed Fazle Ahmed J.- This Rule calls in question the legality and propriety of the judgment and decree dated 13.4.86 passed in Titl......y order as to cost.
The connected Civil Rule No.1477 (R) 1990 is also discharged without any order as to cost.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 103.
..
Category: Evidence Law | Date: | Hits: 7
Shamsun Nahar Begum on behalf of the detenu Khalequzzaman Vs. Bangladesh & others, 1977, 6 CLC (HCD)
....learned Advocates it is necessary to mention the reasons for detention which prevailed upon the mind of the authority from time to time. The first order of detention that was passed under the Special powers Act mentioned that it is necessary to detain the detenu for reasons of (a) security (b) publi......For the petitioner. Anwarul Huq Chowdhury with M.M. Hague —For Respondents. Writ Petition No. 134 of 1977. Judgment Badrul Haider Chowdhury J.—This Rule is directed as to show cause why the detention of the detenu Khalequzzaman will not be declared to have been made w......preme Court negatived the contention of the Deputy Advocate General and held that the service of a detention order on a person who is already in jail custody virtually seeks to effectuate what may be called a double detention and such double detention is not intended either by section 3(1)(a)&n...... same features which have given rise to the satisfaction of the Addl. District Magistrate on "complaint" to pass the order of detention for limited duration. 7. Here we shall pause for meeting the argument of Mr. S. S. Haldar. It was contended by the respondents that "complaint&q..Category: Criminal Law | Date: | Hits: 1
Gouranga Chandra Dey Vs. Deputy Commissioner and others, 2003, 32 CLC (HCD)
....ct Judge, even in appeal, is not open to challenge before the High Court Division, under sub‑section 1 of section 115 of the Code. Sub‑section 1 of section 115 does not confer the revisional power upon the High Court Division, in respect of any 'order' passed by the Joint District J......and others...................Respondent Judgment December 15, 2003. Result: The application is rejected. Order passed by the Joint District Judge, even in appeal, is not open to challenge before the High Court Division, under sub‑section 1 of section 115 of the Code. ......been made on several earlier occasions. The present amended section 115 reads as follows: "115. Revision.‑ (1) The High Court Division may, on the application of any party aggrieved, call for the record of any suit or proceeding, in which a decree or an order has been passed by a Co......ed under 115(1) of the Code, before the High Court Division, is incompetent and is not maintainable and, as such, summarily rejected. Ed. This Case is also Reported in: 57 DLR (2005) 319. ..Category: Civil Law | Date: | Hits: 2
Adhir Das Vs. Arati Rani Das and others, 2006, 35 CLC (HCD)
....he plaintiffs are entitled to maintenance from defendant No.1. He further submits that since both the Courts below concurrently held that plaintiffs are entitled to maintenance, this Court exercising power under section 115(1) of the Code shall not interfere with the finding of facts arrived at by t......s. Arati Rani Das and others……………………………………………………..Opposite Parties Judgment March 20, 2006. Result: The Rule is made absolute. Case Referred to- Managing Director, Rupali Bank Limited and others Vs. Tafazal Hossain and others, 44 DLR (AD)......hs from the date of receipt of the lower Court record. There is no order as to costs. Send down the lower Court record at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 53. ......hs from the date of receipt of the lower Court record. There is no order as to costs. Send down the lower Court record at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 53. ..Category: Procedural Law | Date: | Hits: 31
Md. Kobbat Ail Sikder Vs. Dayal Chandra Biswas and others, 2010, 39 CLC (HCD)
....l revision application along with the judgments and orders passed by the Courts below annexed therewith. 7. It is by now a settled proposition of law that High Court Division under its supervisory power conferred by section 115(1) of the Code of Civil Procedure may even suo-moto dispose of a Civi......¦â€¦â€¦â€¦.Petitioner Vs. Dayal Chandra Biswas and others……………………………Opposite Parties Judgment July 11, 2010. Result: The Rule is discharged. Case Referred to- Safaruddin and others Vs. Fazlul Haque, 49 DLR (AD) 51. Lawyers Involved: None appears ......or the Opposite parties. Civil Revision No.798 of 1989. Judgment Md. Delwar Hossain J.- This rule upon an application under section 115 of the Code of Civil Procedure was issued on 30.3.1989 calling upon the opposite parties to show cause as to why the judgment and order dated 25.6.1989 pas......ow affirming those of passed by the trial Court is hereby upheld. The order of stay passed earlier is hereby recalled and vacated. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 305. ..Category: Procedural Law | Date: | Hits: 28
Md. Moshiur Rahman Khan Vs. Government of the People's Republic of Bangladesh, 2010, 39 CLC (HCD)
.... 11. Referring the provision the learned Advocate Mr. Imam Hassan further argued that, as per section 9(2)(d) of the Trade Organizations Ordinance 1961, the Director of Trade Organizations (DTO) is empowered to observe and supervise or caused to be observed and supervised any election held by or for......ary, Ministry of Commerce, Bangladesh Secretariat, Police Station-Ramna, and others…………….Respondents Judgment April 15, 2010. Result: The Rule is discharged. Cases Referred to- Ridge Vs. Baldwin, 1864 AC 40; Farid Sons Ltd. Vs. Pakistan, 13 DLR Supreme Court page 233. ......tant General - For the Respondents. Helaluddin Sarker, Advocate - For the added respondent No.5. Writ Petition No.6533 of 2009. Judgment Md. Abu Tariq J.-This Rule was issued, calling upon the respondents to show cause as to why the Office Order under Memo No.এমসি/ট......ith or without prior notice, any office of such trade organization including any of its branch or regional, circle, zonal or liaison office, or any record or document found therein, (c) attend any meeting or the general body or the Executive Committee of such trade organization or of any committe..Category: Business or Commercial Law | Date: | Hits: 72
Zastat Limited Vs. Customs Excise and VAT Appellate Tribunal and others, 2011, 40 CLC (HCD)
....e different and the said rate can only be fixed by gazette notification in terms of section 5(4) of the Act. We also find as evidenced by Annexure -'D'(SRO No.173 dated 10-6-2004) that in exercise of power under section 72 read with section 5(4) of the Act rate of VAT has been fixed upon different H......me Court High Court Division (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J SM Emdadul Hoque J Zastat Limited…………………………..Petitioner Vs. Customs Excise and VAT Appellate Tribunal and others…………………Respondents Judgment Jan...... Petition No.3071 of 2010. Judgment Md. Ashfaqul Islam J.- Zastat Limited a private limited company engaged in the business of tourism invoked this writ petition upon which this Rule was issued calling upon the Respondents to show cause as to why the impugned order dated 14-11-2007 passed by t......ed. In the result, the Rule is discharged without any order as to cost. The decision of the Appellate Tribunal is hereby confirmed. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 33. ..Category: Fiscal/Taxation Law | Date: | Hits: 40
Joynal Abedin Vs. State, 2011, 40 CLC (HCD)
....ng to the said question posed it be profitable to notice section 561A of the Code of Criminal Procedure which run thus:- "561A. Nothing in this Code shall be deemed to limit or affect the inherent power of High Court Division to make such orders as may be necessary to give effect to any order und......nal Abedin…………………………..Petitioner Vs. State…………………………Respondent Judgment May 5, 2011. Result: The Rule is discharged. Cases Referred to- SM Kamal Vs. State, 6 BLC 113; Nizam Hazari Vs. State, 53 DLR 475; SM Kamal Vs. State, 6 BLC ......submits that all the prosecution witnesses are natural, probable and competent witnesses and there is no internal point of falsehood in their evidence on any points and as such, the impugned Judgment calls for no interference by the Court. 13. The learned Assistant Attorney-General cited the deci......not be exercised to quash the Judgment. The Rule fails. In the result, the Rule is discharged. Let the LCR sent down immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 393. ..Category: Criminal Law | Date: | Hits: 36
Bangladesh Indenting Agent Association and another Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....Finance At, 2000 (Act 15 of 2000). As per amended section 3(1) of the VAT Act, the services except those mentioned in the 2nd schedule are liable to VAT and the new sub-section 5 (Kha) to section 3 empowered the respondent No.1 Government of Bangladesh to give explanation of any taxable servÂice fo...... Result: The Rule is disÂposed of with observations. Lawyers Involved: AF Hasan Arif, Senior Advocate with Razik-al-Jalil, Advocate - For Petitioners. S.M. Moniruzzaman, Deputy Attorney-General with Pratikar Chakma, Assistant Attorney-General - For the Respondent No.3. Writ P......kar Chakma, Assistant Attorney-General - For the Respondent No.3. Writ Petition No.8425 of 2010. Judgment Md. Ashfaqul Islam J.- At the instance of the petitioners, this Rule Nisi was issued calling upon the respondents to show cause as to why the classiÂfication/inclusion of the services ......om 2004 to 2009 by the Government itself. With these observations, this Rule is disÂposed of. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 389. ..Category: Fiscal/Taxation Law | Date: | Hits: 51
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