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State Vs. Md. Ibrahim Ali, 2013, 42 CLC (AD)
.... to the period already undergone by him. In the result the appeal is allowed with the modification of sentence as aforesaid. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 33. ......d. Ibrahim Ali…………..............Respondent Judgment December 3, 2013. Result: The appeal is allowed. Cases Referred to- Md. Abdul Bari Molla Vs. State, 17 BLD (1997) 223 = 3 BLC 474; Md. Nizamuddin Dali Vs. Stat......he same date a further witness was examined on behalf of the prosecution and the accused was examined under section 342 of the Code when he again claimed to be innocent and expressed his intention to call defence witnesses. Date was fixed for 23-11-1999 for defence witness, but no summons could be i...... to the period already undergone by him. In the result the appeal is allowed with the modification of sentence as aforesaid. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 33. ..Category: Anti-Corruption Laws, Criminal Law, Procedural Law | Date: 3 Dec, 2013 | Hits: 26
Md. Nuruzzaman (Noni) Vs. Government of Bangladesh and others, 2013, 42 CLC (HCD)
....mit that subsequently, the National Board of Revenue (in short, the NBR) vide Special Order No. 06/Musuk/2007 dated 08.07.2007 had relieved the private universities from paying VAT, in exercise of power as provided under section 14 of the VAT Act, 1991 which is a glaring instance of discriminatio......spondents Judgment November 20, 2013. Result: The Rule is discharged. Lawyers Involved Abdus Satter Babul, Advocate-For the petitioner. Ms. Amatul Karim, Deputy Attorney General with Ms. Nusrat Jahan, Aaaistant Attorney General- For the respondent-government. ......fructuous. The order of stay granted earlier is hereby vacated. There will be no order as to costs. AKM Zahirul Hoque J.- I agree. Ed. This Case is also Reported in: ......fructuous. The order of stay granted earlier is hereby vacated. There will be no order as to costs. AKM Zahirul Hoque J.- I agree. Ed. This Case is also Reported in: ..Category: Fiscal/Taxation Law | Date: 20 Nov, 2013 | Hits: 24
....t—
There is a Distinction between the Election of a Collective Bargaining Agent and Election for the Office Bearers of a Trade Union—
Labour Court has not been invested with any power to adjudicate matters relating to the internal affairs, in particular dispute relating to elec......Respondents
Judgment
November 18, 2013.
Result:
The Rule is made absolute.
Bangladesh Labour Law Act (XLII of 2006) Sections 202(21) & Sections 317(4)
Power Invested to Labour Court—
There is a Distinction between the Election of a Collective Bargaining A......y;ever, without any order as to costs. BLA Case No. 1534 of 2011 pending before the First Labour Court, Dhaka is hereby quashed.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 313
...... on 15-10-2011 stating inter alia that as per article 23 of the constitution of the trade union in question, on a schedule declared by a three members election subcommittee constituted in its general meeting dated 27-7-2010, eight members executive committee for two years was declared unopposed..
Category: Labour and Industrial Law | Date: 18 Nov, 2013 | Hits: 5
Abdul Momen Bhuiyan and others Vs. District Judge, Dhaka and others, 2013, 42 CLC (AD)
....aka 75, 25,000. 22. In several cases including the cases of Ganyson Ltd. Vs. Sonali Bank 37 DLR (AD) 42 and AFM Naziruddin Vs. Hameeda Banu 45 DLR (AD) 38, this Division previously exercised the power of doing complete justice under 104 of the Constitution. The subject matter of the instant cas......District Judge, Dhaka and others ................Respondents Judgment November 17, 2013. Result: The petition is disposed of with the observation. Cases Referred to- MA Hye Vs. Trading Corporation of Bangladesh, 40 DLR (AD) 206; Ganyson Ltd. Vs. Sonali Bank...... petitioners are directed to pay Taka 12,00,000 (twelve lakh) to the auction-purchaser (respondent No.3) as compensation within 45 days, in default, this judgment shall be deemed to have been recalled and the auction shall be deemed to have been made absolute. 23. In the light of the find......he auction sale shall be deemed to have become absolute. The impugned judgment delivered by the High Court Division is set-aside. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 98. ..Category: Civil Law | Date: 17 Nov, 2013 | Hits: 17
Golam Sarwar Vs. Commissioner of Taxes, 2013, 42 CLC (HCD)
....ke necessary steps under section 161(2) of the Income Tax Ordinance, 1984. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 350; 2 CLR (HCD) (2014) 301; 23 Karadalat (HCD) (2014) 15 ...... Huda Jaigirdar J Golam Sarwar......................Appellant VS. Commissioner of Taxes....................Respondent Judgment November 14, 2013 Result: No answers to questions (b) and (c). The appeals are remanded to the Tribunal to decide part of question (......ke necessary steps under section 161(2) of the Income Tax Ordinance, 1984. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 350; 2 CLR (HCD) (2014) 301; 23 Karadalat (HCD) (2014) 15 ......inance shall, so far as may be, apply accordingly. (3) The liability of legal representative under this Ordinance shall be limited to the extent to which the estate of the deceased is capable of meeting the liability. (4) For the purposes of this section and other provisions of this Ordina..Category: Fiscal/Taxation Law | Date: 14 Nov, 2013 | Hits: 4
AKM Mosharraf Hossain Vs. State & another, 2013, 41 CLC (HCD)
....ious received money. It has been further alleged that the convict-appellant within his knowledge received money from two places illegally and misappropriated the amount of BCIC and thereby abused his power and illegally obtained pecuniary advantage. Hence, the case. 4. The informant himsel......bu Bakar Siddiquee J AKM Mosharraf Hossain............Convict-Appellant Vs. State & another………………….Respondents Judgment October 10, 2013. Result: The appeal is dismissed. Cases Referred to- Hasanuddin S......th the Motijheel Police Station against the convict-appellant alleging inter-alia that in course of rendering service as Chairman of Bangladesh Chemical Industries Corporation hereinafter called BCIC, the convict-appellant on the basis of a contract dated 12-4-1988 appointed&......realise the fine in accordance with law. Let a copy of this judgment along with LCR be sent to the concerned Court at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 564 ..Category: Anti-Corruption Laws, Criminal Law | Date: 10 Oct, 2013 | Hits: 3
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. ......ip;……………… Petitioner Vs. Md. Habibullah Dawn & others ………………….Respondents Judgment October 10, 2013 Result: The civil petition is dismissed. Lawyers Involved: Abdul ......XXI read with section 151 of the Code of Civil Procedure was maintainable. The findings arrived at by the High Court Division having been based on proper appreciation of law and fact do not call for interference. Accordingly, this civil petition for leave to appeal is dismissed. ......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
....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......Petition No. 5841 of 2010.
Judgment
Mahmudul Haque J.- On an application under Article 102 of the Constitution of Bangladesh this Rule has been issued at the instance of the petitioner calling upon the respondents to show cause as to why the auction notice published by the respondents......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.
..
Category: Others, Procedural Law | Date: 8 Oct, 2013 | Hits: 8
Moulana Abdul Hakim (Md.) Vs. Government of Bangladesh and others, 2013, 42 CLC (HCD)
....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......How has this Court, therefore, to accept the intrinsic worth of such an assumption as posited by Mr. Rokanuddin Mahmud? The mode of ascertaining the strength of that argument has been to delve specifically into the legacy of certain English cases and examine the extent to which an entrenched ju......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 ..Category: Administrative Law, Constitutional Law | Date: 3 Oct, 2013 | Hits: 2
AA Engineering Limited Vs. University of Khulna, 2013, 42 CLC (AD)
....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......er invited up to 30th June, 1991. From the decision Nos.3 and 4, it is clear that VAT has to be paid in respect of the contract executed from 1st July, 1991 and the decision No.4 has specifically stated that in the case of the contract executed after 1st July, 1991 if no provision had been......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. ..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)
....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......ation under article 102 of the Constitution filed by the writ-petitioner-respondents, herein (hereinafter referred to as the writ-petitioners), a Rule Nisi was issued in Writ Petition No.8079 of 2010 calling upon the writ-respondents including the petitioner, herein (the leave petitioner was writ-re......ard of Directors of Bangladesh Oil, Gas and Mineral Corporation (Petrobangla) and its adoption in the resolution dated 24-8-2005 by the Board of Directors of Bakhrabad Gas Systems Limited, in its 352 meeting which was notified by an office order dated 18-9-2005 (Annexures M and M1 to the supplementa..Category: Employment/Service Law | Date: 26 Sep, 2013 | Hits: 12
State Vs. Mostafizur Rahman and another, 2013, 42 CLC (AD)
....and findings given by Mohammad Anwarul Haque, J. Court's Order The appeal is dismissed by majority decisions. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 218. ......ellant Vs. Mostafizur Rahman and another...........Respondents Judgment September 18, 2013 Result: The appeal is dismissed by majority decisions. Case Referred to- State of Punjab Vs. Jagir Sing; SCC (1974) PP 285-286 and Md. Abdul Hamid Mollah Vs. Ali Mo......c worker in a house, situated at Mirpur, Dhaka. While she was rendering her service there; her step sister accused Aleya, serving at Rajbari as maid servant in the house of accused Mostafizur Rahman, called her back from Dhaka to Rajbari but she did not respond but ultimately accused Aleya, step sis......the informant Shamsunnahar Chowdhury (P.W. 1), who is the Convener of the Mohila Parishad, Rajbari discussed the matter in their regular meeting on 30-9-1995 and according to the decision of the meeting the informant went to meet the victim on 8-10-1995 at the house of Chand Ali. After that the..Category: Criminal Law, Women and Children | Date: 18 Sep, 2013 | Hits: 7
Government of Bangladesh Vs. Md. Abdul Maleque Miah and 7 anothers, 2013, 42 CLC (AD)
....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 ......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 ......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 ..Category: Administrative Law, Constitutional Law | Date: 17 Sep, 2013 | Hits: 3
ATM Nazimullah Chow¬dhury Vs. State & another, 2013, 42 CLC (HCD)
.... 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......ners, namely, Jewel Miah and Selim Parvez ever worked as gardeners at the residence of the appellant and in the facts and circumstances of the case, it is crystal clear that by capitalizing on the so-called appointments of Jewel Miah and Selim Parvez as gardeners, the appellant embezzled their month......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
....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, ......its party constitution are ex-facie violation of the basic structure of the Constitution of the People's Republic of Bangladesh (hereinafter referred to as the Constitution) and therefore automatically void ab initio by operation of Article 7(2) and 26(2) of the Constitution.......ion with the EC, making rigorous efforts to assist the later and to keep the constitution of the BJI fully compliant with the provisions of the RPO. There have been regular talks, correspondences and meetings between the two in furtherance of achieving the goal of the EC and the scheme of the RPO. T..
Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 10
....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, ......Nos.1-2.
Md. Mohsen Rashid with Tawhidul Islam, Advocates-For the Respondent No. 4.
Writ Petition No. 630 of 2009
Judgment
M Moazzam Husain J.- In this case a rule nisi was issued calling upon the respondents to show cause as to why the registration (Registration No. 014 dated 04...... Although election was held the Commission did never abandon the issue. It has been pursuing the matter ever since.
12. After the election was held, Mr. Razzaque submits, the Commission sat on a meeting on the issue, found constitutions of at least thirteen political parties, including Banglade..
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)
....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....... Prayer "ka" may be taken as consequential relief because if the suit for prayer 'Ga' and 'Gha' be allowed declaring the judgments and decrees as null and void then automatically the secular character of the suit properties go. We have already seen that after framing ......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)
.... 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...... and 8325 to 8362 of 2012. Judgment Syed Refaat Ahmed J.— At the instance of the Petitioner Robi Axiata Ltd, alias Axiata (Bangladesh) Ltd, forty two individual Rules Nisi were issued calling upon the Respondents to show cause why similarly drafted Impugned Orders of the Chairman, Fi......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 ..Category: Labour and Industrial Law | Date: 28 Jul, 2013 | Hits: 7
Zahir Fakir (Md.) and oth¬ers Vs. Hahma Khatun and others, 2013, 42 CLC (HCD)
....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......is Hon'ble Division on hearing the submissions of the learned Advocate appearing for the petitioner Under section 115(1) of the Code of Civil Procedure (Act V of 1908) was pleased to issue a rule calling upon the opposite party Nos. 1 to 15 to show cause as to why the impugned judgment and decre....... The plaintiffs were taken by surprise when the defendants claimed to have purchased the suit property from the plaintiffs in 1996. At the instance of the plaintiffs there was conciliation meeting (salish) with the participation of local dignitaries. In the said "salish" it..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)
.... 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. ......, preparing, processing of all kinds of garments materials. Subsequently, machineries, land measuring 45 decimal and 57.75 decimal with 20,000 sq.ft. semi-paka and steel shed building were procured locally vide registered Sale Deed No.7.851 dated 17-5-2010 and Sale Deed No.7852 dated 17-5-2010 respe......ticles of Association. As per Regulation 41 of the Schedule I of the said Act, the directors of the respondent No.1 may increase the share capital only with special resolution adopted in general meeting. Therefore, since the petitioners were the only other shareholders prior to 20-5-2010 holdin..Category: Company Law | Date: 24 Jul, 2013 | Hits: 10
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