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Ali Amjad Khan (Md.) Vs. Md. Habibullah Dawn & others, 2013, 42 CLC (AD)
....iation of law and fact do not call for interference. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 28. ......iation of law and fact do not call for interference. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 28. ......ip;……………… Petitioner Vs. Md. Habibullah Dawn & others ………………….Respondents Judgment October 10, 2013 Result: The civil petition is dismissed. Lawyers Involved: Abdul ......iation of law and fact do not call for interference. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 28. ..Category: Civil Law | Date: 10 Oct, 2013 | Hits: 33
....costs. The order of stay granted earlier is vacated.
Communicate a copy of the judgment to the bank concerned at once.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 50.
......hereinafter referred as "Ain") since the borrower failed to repay the loan money to the bank in spite of repeated demands of the bank. It is also stated that the law itself authorizes and empowers the bank to sell the property under section 12 of the Ain, 2003. By filing supplementary affi......n
(Special Original Jurisdiction)
Present:
Syed Refaat Ahmed J
Mahmudul Hoque J
Proshanta Kumar Sarkar....................Petitioner
Vs.
Managing Director, Agrani Bank Ltd Head Office and others..........Respondents
Judgment
Oct...... observations made herein above we are inclined to dispose of the Rule.
25. In the result the Rule is disposed of with the observation made above without any order as to costs. The order of stay granted earlier is vacated.
Communicate a copy of the judgment to the bank concerned at on..
Category: Others, Procedural Law | Date: 8 Oct, 2013 | Hits: 8
Moulana Abdul Hakim (Md.) Vs. Government of Bangladesh and others, 2013, 42 CLC (HCD)
....ed of with the directions above. 43. There is no order as to costs. Communicate this judgment and order forthwith. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 83 ......basic tenet so introduced by Mr. Islam. 5. Accordingly, Mr. Rokanuddin Mahmud has more pertinently introduced the premise of enquiry as postulates that the derivative status of a body's powers is of little concern as to the judicial reviewability of an order in the evolving realm ...... Syed Refaat Ahmed J Md. Ashraful Kamal J Moulana Abdul Hakim (Md.)...............Petitioner Vs. Government of Bangladesh and others..............Respondent Judgment October 3, 2013 Result: The Rule is disposed of. Constitution of Bangladesh, 1972; Arti......ed, however, not to prosecute the Rule issued in the earlier writ petition as per agreement with the respondents leading to his reinstatement vide the Madrasah's Memo dated 30-7-2009. Having been granted a time-scale since and being duly paid up to December 2010, the petitioner suddenly received..Category: Administrative Law, Constitutional Law | Date: 3 Oct, 2013 | Hits: 2
AA Engineering Limited Vs. University of Khulna, 2013, 42 CLC (AD)
....thout deducting therefrom any amount on account of VAT. Khulna University is under the obligation to pay VAT in the instant case. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 19. ......alculated after deducting the cost of goods and the materials used in the construction. To avoid determination of the value of the service rendered in every case, the NBR in exercise of its power under section 5(4) of the Act has determined that VAT will be realized at the rate of 4.5......ip;……………........Appellant Vs. University of Khulna, represented by its Vice-Chancellor and others……….Respondents Judgment October 3, 2013. Result: The appeal is allowed. Cases Referred to- Mersy Insurance......judgment and order dated 6-11-2001 passed by the High Court Division, writ-petitioner-appellant moved this Division by filing Civil Petition for Leave to Appeal No.937 of 2001 in which leave was granted resulting in Civil Appeal No.326of2002. 6. Mr. Mahmudul Islam, learned Senior Advocate,..Category: Fiscal/Taxation Law | Date: 3 Oct, 2013 | Hits: 28
Bakhrabad Gas System Limited Vs. Al Masud-ar-Noor and others, 2013, 42 CLC (AD)
....appointed after the coming into effect or force of the same. With the above observations, the petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 187. ......ent or disadvantage to the rights or privileges that existed at the relevant time when an employee of such appointing authority entered into its service. The appointing authority enjoys the power and the authority to frame new rules to regulate the service of its employees, but that in no ......ptember 26, 2013. Result: The petitions are dismissed. The accrued/vested rights of its employees can not be taken away Service Rules The appointing authority has every right to amend/alter the service rules to suit the need of the time but not to the detriment or disad......appointed after the coming into effect or force of the same. With the above observations, the petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 187. ..Category: Employment/Service Law | Date: 26 Sep, 2013 | Hits: 12
Government of Bangladesh Vs. Md. Abdul Maleque Miah and 7 anothers, 2013, 42 CLC (AD)
....allowed and the impugned judgment and order is set aside with the observations made in the body of the judgment. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 167 ......ision erred in holding without any basis, "Therefore, we hold that neither Rule 7 of the Administrative Tribunals Rules read with Order XXI, Rule 32 of the Code Civil Procedure nor the aforesaid power of the Administrative Appellate Tribunal to punish for contempt is sufficient for effecti......aleque Miah and 7 another.........Respondent Judgment September 17, 2013 Result: The appeals are allowed. Case Referred to- Saifur Rahman Vs. Bangladesh through the Secretary, Ministry of Agriculture, (1989) 41 DLR ......he High Court Division in 8 writ-petitions the writ respondents-appellants preferred 8 appeals being Appeal Nos.87-94 of 2001 with leave of the Court before the Appellate Division. 11. Leave was granted to consider the following submissions of the learned Advocates for the petitioners: ..Category: Administrative Law, Constitutional Law | Date: 17 Sep, 2013 | Hits: 3
ATM Nazimullah Chow¬dhury Vs. State & another, 2013, 42 CLC (HCD)
....eps to secure his arrest. Let the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 500. ...... 37. The P.W.3 Jamshed Minhaz Rahman next states in his evidence that the accused-Ambassador rather held out threats to him and told him (P.W.3) that he was the Ambassador and he had the sole power of taking any administrative and financial decisions and, as such, he himself would decide the......……………………………..Respondents Judgment August 1, 2013. Result: The appeal is dismissed. Cases Referred to- Abdul Bari Mollah Vs. State, 3 BLC 474; Abul Khair Vs. State, 58 DLR 500; Abul Kalam Azad V......eps to secure his arrest. Let the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 500. ..Category: Criminal Law, Procedural Law | Date: 1 Aug, 2013 | Hits: 5
....ust not be obstructed by the petitioners in discharging their functions independently. And the Rule dated 27.01.2009 cannot be disposed of at this stage, as doing so would be an act of overriding the discretionary powers of a constitutional/statutory body of the Republic.
297. The petitioner im......nd allowed them to contest the then ensuing parliamentary elections. A proviso was appended to Article 90Dof the RPO vide the Representation of the People (Second Amendment) Ordinance, 2008 to empower the EC to register political parties provisionally. The proviso runs as follows:
Provided......maat-e-Islami and others……………………Respondents
Judgment
August 1, 2013.
Result:
The Rule is made absolute.
Cases Referred to-
Kusper Vs. Pontikes, 414 US, at 57, 38L Ed 2nd at 266; Whitney Vs. California, 274 US 357, ......ladesh Jamate Islam since it was involved in the atrocities committed in 1971, and which overtly and expressly opposed the birth of Bangladesh. These petitioners are of the view that any registration granted by the Election Commission to BJI as a political party would tantamount to giving this assoc..
Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 10
....নোয়ার কবির; ইসলামিক ফাউন্ডেশন কর্তৃক প্রকাশিত, পৃষ্ঠাঃ ৬৮)
(..to be continued at CLC ID ( 9365 )
......oot of our Constitution. The BJI constitution tends to encourage militancy in its members culminating in modern day 'jihad' and various shades of fanaticism and extremism in gaining political power which is opposed to law, Constitution and the fundamental tenets of Islam itself.
4. The ......maat-e-Islami and others……………………Respondents
Judgment
August 1, 2013.
Result:
The Rule is made absolute.
Cases Referred to-
Kusper Vs. Pontikes, 414 US, at 57, 38L Ed 2nd at 266; Whitney Vs. California, 274 US 357, ......onstitution in their next party council. BJI failed to submit amended copy of its constitution as required. In view of the political situation prevailing at the relevant time the Commission, however, granted provisional registration in favour of BJI. Thereafter BJI in response to letters addressed b..
Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 11
Syed Raihan Hasan Ali Chowdhury Vs. Syed Hamde Ali Chow¬dhury and others, 2013, 42 CLC (HCD)
....Civil Rule No.905(f) of 2011 is disposed of. Send down the lower Court records at once. Communicate this order at once. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 5. ......r inherited or personal property of Syed Altaf Ali. Some portion of the property having been wrongly recorded in the name of Syed Mahamud Ali and for correcting the record appointed defendant No.2 by power of attorney holder and record was corrected. Inspite of that, to grab the property, Syed Omar ......nance — Section 50 of the Waqf Ordinance has been inserted in the enrolment chapter. Specific Provisions have made regarding the person, property, time and manner in which the enrolment is to be made and in this context section 50 authorises the Administrator to decide the question w......Civil Rule No.905(f) of 2011 is disposed of. Send down the lower Court records at once. Communicate this order at once. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 5. ..Category: Trust/Waqf Law | Date: 29 Jul, 2013 | Hits: 5
Robi Axiata Ltd Vs. First Labour Court Dhaka and others, 2013, 42 CLC (HCD)
....Orders of Stay as initially granted are necessarily recalled and vacated. There are no Orders as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 551 ...... mainly in a managerial or administrative capacity; or (ii) who, being employed in a supervisory capacity, exercises, either by nature of the duties attached to officer or by reason of power vested in him, functions mainly of managerial or administrative nature. 9. Section 3......Court Dhaka and others...................Respondents Judgment July 28, 2013. Result: All the Petitions the Rules Nisi are discharged. Cases Referred to- General Manager, Hotel Inter Continental Dacca 2nd Labour Court, 28 DLR 160; Railway Men...... industrial dispute was no longer an indispensable requirement for filing an application thereunder (ir) an individual workman could indeed apply to the Labour Court to enforce a right granted or secured to him/her by any law, award or settlement; (iii) such worker could take adv..Category: Labour and Industrial Law | Date: 28 Jul, 2013 | Hits: 7
....d over possession of the fishery in question and also to refund to the petitioner the proportionate lease money for the unexpired period of the lease.
Ed.
This Case is also Reported in:
......d over possession of the fishery in question and also to refund to the petitioner the proportionate lease money for the unexpired period of the lease.
Ed.
This Case is also Reported in:
......on-Record- For the Petitioner.
Dr. Md. Ali, Advocate, instructed by Ziaur Rahman, Advocate-on-Record- For Respondent No.1.
Not represented- For Respondent Nos.2-6.
Civil Petition for Leave to Appeal No.355 of 2012
(From the judgment and order dated 20th January, 2011 passed by the Hi......g away from the fishery and as per the Nitimala-2009 they are not qualified for getting lease.
4. Rule Nisi was issued by the High Court Division upon the respondents to show cause as to why the granting of lease of the fishery concerned to writ respondent No.6 for a period of 6 (six) years wit..
Category: Civil Law | Date: 28 Jul, 2013 | Hits: 169
Zahir Fakir (Md.) and oth¬ers Vs. Hahma Khatun and others, 2013, 42 CLC (HCD)
....urts records along with a copy of this judgment to the concern Court forthwith for information and necessary action. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 240 ......te Court is very much competent to dispose of the suit finally instead of sending back the suit on remand to the Trial Court as because as a final Court of fact the Appellate Court has got ample power to go into the root of the suit. As a final Court of fact the appellate Court can take additio...... and others……………....Opposite Parties Judgment July 25, 2013 Result: The rule is made absolute. No Scope to avoid Responsibility by the Appellate Court— Appellate Court has purposely and intenti......ue and proper consideration of the oral and documentary evidence on record within three months from the date of receipt of the lower Courts records positively. 14. The order of stay as granted at the time of issuance of the rule is hereby recalled and vacated. Send down the ..Category: Property Law | Date: 25 Jul, 2013 | Hits: 6
Chow Wen Chang and others Vs. SF Winsome Fashion Ltd. and others, 2013, 42 CLC (HCD)
....The respondent No.3 is directed to pay cost of Taka 50,000 to petition No.1 and Taka 50,000 to petitioner No. 2 within 30 days. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 584. ...... any meeting to sell the landed property is question to respondent No. 6. So, selling the landed property by the respondent No. 3, which does not belong to him, is unauthorized and is beyond the power conferred under the Articles of Association, vide Article 6 and 31. Respondent No. 3 cann......0,000 to petition No.1 and Taka 50,000 to petitioner No. 2 within 30 days. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 584. ......d not validate any decisions taken in any meeting to sell the company's land, held and conducted without their presence of the petitioners. Accordingly, he has prayed for allowing the petition by granting the reliefs prayed for. 7. Learned advocate Mr. Kamal-ul-Alam, appearing along with Ms..Category: Company Law | Date: 24 Jul, 2013 | Hits: 10
....e benefits to the petitioners counting their service period in the development project.
There will be no order as to costs.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 157
......e benefits to the petitioners counting their service period in the development project.
There will be no order as to costs.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 157
.............................Respondents
Judgment
July 8, 2013
Result:
The Rule is made absolute
Rule 6, the Regularisation and Seniority Fixation of Posts from Development Project to Revenue Budget, 2005 Rules clearly entitled an employee transferred from the development project ......is Court and obtained the present Rule.
7. The Rule is being contested by the respondent No.1 by filing Affidavit-in-Opposition where it has been stated that the policy of the Government to grant seniority and other service benefits to its employees is from the date of joining the revenue ..
Category: Administrative Law, Employment/Service Law | Date: 8 Jul, 2013 | Hits: 3
Wadud Mollah (Md.) Vs. Md. Nayem and Another, 2013, 42 CLC (AD)
....nary power of the High Court Neither the accused has any right to claim bail nor the Court has uncontrolled power to enlarge him on bail when it is non-bailable offences. Court can exercise its discretionary power upon proper application of judicial mind and this exercise should not be arbitra......sp; June 17, 2013. Result: This petition is disposed of with observations. Discretionary power of the High Court Neither the accused has any right to claim bail nor the Court has unco......3. Result: This petition is disposed of with observations. Discretionary power of the High Court Neither the accused has any right to claim bail nor the Court has uncontrolled power to enlarge him on bail when it is non-bailable of......to interfere with the exercise of that power unless it is apparent that the case is pre-posterous……… (11) The High Court Division can not direct the court concerned "to grant regular bail of the accused petitioner" after the expiry of the period. If directs s..Category: Criminal Law | Date: 17 Jun, 2013 | Hits: 3
Monowara Begum Vs. Government of Bangladesh others, 2013, 42 CLC (HCD)
....granted earlier by this court is hereby recalled and vacated. Send down the Lower Court's Records at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 476. ......granted earlier by this court is hereby recalled and vacated. Send down the Lower Court's Records at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 476. ...... SM Emdadul Hoque J. — On an application of the petitioner Monowara Begum under section 115 (1) of the Code of Civil Procedure, the Rule was issued calling upon the opposite party Nos. 1 and 2 to show cause as to why the impunged judgment and decree dated 24-5-1997, passed by the learned sub-......e relevant record of rights and the defendant No. 2 paid rents to the Government. Defendant Nos. 3 and 4 in collusion with the staff of the defendant No. 4 managed to have created some papers to show grant of lease in their favour. The defendant No.2 filed an application before the Additional Deputy..Category: Civil Law, Property Law | Date: 16 Jun, 2013 | Hits: 2
Moulana Development Co. Limited Vs. National Board of Revenue and others, 2013, 42 CLC (HCD)
....t relates to the previous assessment years other than the current assessment years. However, there shall be no order as to costs. Mohammad Ullah J. - I agree. This Case is also Reported in: ......it petition, has been denied stating inter-alia that the submission of return under the provision of section 82BB of the Income Tax Ordinance 1984 does not debar the Taxes authority from invoking its power available under the provision of section 117A of the Income Tax Ordinance 1984, nor there is a......ivision (Special Original Jurisdiction) Present: AFM Abdur Rahman J Mohammad Ullah J Moulana Development Co. Limited, 980/Access road, Agrabad Chittagong represented its Managing Director Muhammad Abdul Quader Zilany…....Petitioner Vs. 1. National Board of Revenue, NBR Buildi......t relates to the previous assessment years other than the current assessment years. However, there shall be no order as to costs. Mohammad Ullah J. - I agree. This Case is also Reported in: ..Category: Fiscal/Taxation Law | Date: 12 Jun, 2013 | Hits: 86
Golam Rasul Belal Vs. Habibullah Shakir and another, 2013, 42 CLC (AD)
....t, 1881, now pending in the Court of Metropolitan Magistrate, Dhaka shall proceed in accordance with law. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 58. ......g the notice but he alleged that notice had not been duly served upon him which is purely a question of fact and can be settled down at the time of trial. Exercise of jurisdiction under inherent power as envisaged under section 561A of the Code to have the criminal procedure quashed is an excep......estions of Facts Whether notice was duly served or not upon the accused-respondent at its correct address or upon its authorized agent or upon himself, all these are questions of facts which are to be ascertained at the time of trial by the trial Court by appreciating evidence adduced by the pa......ved by and dissatisfied with the impugned judgment and order dated 24-4-2006 passed by the High Court Division preferred the instant Criminal Appeal with the Leave of this Division. 7. Leave was granted to consider the following submissions of the learned Advocate for the complainant-appel..Category: Criminal Law | Date: 11 Jun, 2013 | Hits: 10
Moon Construction Company Limited Vs. Government of Bangladesh & others, 2013, 42 CLC (HCD)
....he power so confirmed will be misused.” 12. It is pertinent to be mentioned here that when a statute provides guidelines and/rules and/or regulations having been framed for exercise of the discretionary power, the exercise of such discretionary power should be in accordance with the guide......f the petitioner in respect of the running bill and retention money since October, 2011. 10. The issue as to whether holding an administrative file by the administrative authority is an abuse of power and/or misuse of its discretion. 11. The constitution of the People's Republic of Ban......admitted bill of the petitioner cannot be termed or being based on sporadic or casual or random acts of the respondents, or as an unreasonable or illogical or invalid expectation. Cases Referred to- Novva Ads Vs. Department of Municipal Administration, (2008) 8 SCC 42; AKM Kawsar Ahme......o whether holding an administrative file by the administrative authority is an abuse of power and/or misuse of its discretion. 11. The constitution of the People's Republic of Bangladesh has granted power and has imposed duties upon the public authorities. Our Constitution does not allow an..Category: Constitutional Law | Date: 16 May, 2013 | Hits: 4
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