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Wadud Mollah (Md.) Vs. Md. Nayem and Another, 2013, 42 CLC (AD)
....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......ted orders to be passed by it after the appearance of accused. The learned Judges have left nothing for the Tribunal of the Magistrate to decide on the question of bail. The learned Judges have practically usurped the power of the courts below………… (13) Anticipatory/P......h the above observations. Let a copy of this judgment be communicated to the learned Judges of the High Court Division. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 93. ..Category: Criminal Law | Date: 17 Jun, 2013 | Hits: 3
Moulana Development Co. Limited Vs. National Board of Revenue and others, 2013, 42 CLC (HCD)
....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...... section 117A of the Income Tax Ordinance 1984, the assessee-writ-petitioner Moulana Development Co. Limited obtained the following rule from this court on 23.07.2012; “Let a Rule Nisi be issued calling upon the respondents to show cause as to why the impugned letters being নথি নং ৩......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)
....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......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. ......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. ..Category: Criminal Law | Date: 11 Jun, 2013 | Hits: 10
Grameen Telecom Vs. Commissioner of Taxes, 2013, 42 CLC (HCD)
....o be admitted and heard on merit by the Commissioner of Taxes (Appeal), immediately. However, there shall be no order as to costs. Mohammad Ullah J. -I agree. This Case is also Reported in: ......oner of Taxes (Appeal), immediately. However, there shall be no order as to costs. Mohammad Ullah J. -I agree. This Case is also Reported in: ...... 1) Whether on the facts and in the circumstances of the case, the learned Tribunal was legally justified in dismissing the appeal without affording an opportunity of the applicant to confront the uncalled for tracing of out of one Mr. Nazmul Islam in place of Nazrul Islam. 2) Whether on the fac......o be admitted and heard on merit by the Commissioner of Taxes (Appeal), immediately. 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: 5 Jun, 2013 | Hits: 86
Moon Construction Company Limited Vs. Government of Bangladesh & others, 2013, 42 CLC (HCD)
....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......nd 2 Writ Petition No. 3746 of 2012 Judgment A.B.M. Altaf Hossain J.- The Rule under adjudication issued, on 7-5-2012, was in the following terms: “Let a Rule Nisi be issued calling upon the respondents to show cause as to why they should not be directed to refund the reten......e have noted that the respondent No. 2 did not take any step to finalize the bill and the retention money without any reason, except informed the respondent No. 2 by his letter dated 20-3-2012 that a meeting will be held on 25-3-2012. Surprisingly, the respondent No. 2 did not take any appropriate d..Category: Constitutional Law | Date: 16 May, 2013 | Hits: 4
ABSCO Limited Vs. Artha Rin Adalat No.2, Dhaka & another, 2013, 42 CLC (HCD)
....the court acted mala fide and intentionally narrowed its jurisdiction causing serious injustice to the petitioners. In this regard we hold that the court remains limited in invoking its inherent power where there are other specific provisions in the statute providing remedy for the petitioners.......t Ain (VIII of 2003); Sections 10(1) and 19(2) Section 10 of the Ain, 2003 does not provide any provisions for filing applications against the ex-parte judgments and decree of the Adalat similar to the provisions contained in section 19(2) of the Ain. While the appeal provisions of section 41 c......eration and for disposal as the parties are same and involve common issues of law as shall need to be addressed in these Rules Nisi. 2. In Writ Petition No. 9435 of 2012 the Rule Nisi was issued calling upon the respondents to show cause as to why the Order Nos. 22 and 23 dated 22-3-2012 and ex......charged without any orders as to costs.' Communicate the judgment to the court concerned at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 9. ..Category: Corporate Law, Others | Date: 15 May, 2013 | Hits: 8
....made on proper appreciation of law and facts do not call for interference.
Accordingly, the leave petition is dismissed.
Ed.
This Case is also Reported in: 19 BLC (AD) (2013) 1.
......ved:
Md. Khurshid Alam Khan, Advocate, instructed by Md. Zahirul Islam Advocate-on-Record—For the Petitioner.
None Represented—For the Respondents.
Civil Petition for Leave to Appeal No.186 of 2011.
(From the judgment and order dated 6-1-2011 passed by the High Court ...... of the Local Government (Pourashava) Act, 2009.
10. The findings arrived at and the decision made by the High Court Division having been made on proper appreciation of law and facts do not call for interference.
Accordingly, the leave petition is dismissed.
Ed.
This Ca......made on proper appreciation of law and facts do not call for interference.
Accordingly, the leave petition is dismissed.
Ed.
This Case is also Reported in: 19 BLC (AD) (2013) 1.
..
Category: Election Law | Date: 7 May, 2013 | Hits: 6
....cordingly disposed
of.
The matter is remanded to the High court
Division for a fresh hearing.
Ed.
This Case is also Reported in: 65 DLR (AD) (2013)
300; 18 MLR (AD) (2013)153. ...............Respondents
Judgment
May 6, 2013.
Result:
The leave petition is disposed of.
Can the High Court Division finally adjudicate any case without
giving chance to adduce evidence when there is a charge of submitting false papers
against the plaintiff?
......absolute and decreeing the suit with a direction upon the defendant opposite
parties to appoint the petitioner afresh effect from dismissal is legal and the
impugned judgment and order does not call for any interference.
13. The pertinent question is whether the
learned Judge of High Cou......cordingly disposed
of.
The matter is remanded to the High court
Division for a fresh hearing.
Ed.
This Case is also Reported in: 65 DLR (AD) (2013)
300; 18 MLR (AD) (2013)153. ..
Category: Procedural Law | Date: 6 May, 2013 | Hits: 15
Moklesuddin Ahmed and another Vs. Rezia Khatun and others, 2013, 42 CLC (HCD)
....pport of his contention Mr. Guha referred various precedent specially AIR 1965 (Madhya Pradesh) 21, wherein their Lordships after discussing many cases came to a conclusion that the Court is not powerless to give the substantive justice. The facts of the case as narrated in AIR 1965 (Madhya Pra.................Appellants Vs. Rezia Khatun and others... ..........................Opposite Parties Judgment May 5, 2013. Result: The Appeal is dismissed Cases Referred to- Shabitribala Vs. Rohinikanta Mondal 4 DLR 11 and AIR 1965 (Madhya Pradesh) 21. Lawyers......ase in hand. Therefore, we are inclined to re-admit the instant appeal to its original file and number. Therefore, the order of dismissal of the appeal for non-prosecution dated 28-1-2013 is hereby recalled and vacated and the appeal be readmitted to its original file and number. The offic...... number. The office is directed to do the needful accordingly. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 209. ..Category: Constitutional Law | Date: 5 May, 2013 | Hits: 4
Hasan Chowdhury (Md.) Vs. Bangladesh Bank and others, 2013, 42 CLC (HCD)
....e said decision our Appellate Division clearly observed— "Section 45(1)(Ga)(Gha) and section 49 (Kha) of the Bank Companies Act clearly invest Bangladesh Bank with a strong regulatory power over the functioning and business of banking companies." 15. In JIT Knit Composite L......s) Vs. Bangladesh Bank and others..................Respondents (In both the petitions) Judgment May 22, 2013. Result: Both the Rules are disposed of. Cases Referred to- Professor Md. Yumus Vs. Bangladesh 63 DLR 260; ASF Rahman Vs. Bangladesh Bank 20 BLD (AD) 3......ent as there involved a common question of fact and law. 2. In both the petitions the Rule Nisi was issued almost in a common manner. In writ petition No. 16520 of 2012 Rule Nisi was issued calling upon the respondents to show cause as to why the inaction of the respondents Nos. 1-5 as reg......nd also to communicate the compliance of our direction to the Registrar of the Supreme Court without any fail. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 533. ..Category: Banking Law | Date: 2 May, 2013 | Hits: 3
Sheikh Shahadat Hossain (Md.) Vs. National Board of Revenue, and others, 2013, 42 CLC (HCD)
....les of procedure that apply to the ordinary jurisdiction of the said Court will be attracted and that Court or superior Court is to be deemed to posses, as inherent in its jurisdiction, all such powers as are necessary to the right and undo the wrong in the course of administration of just......lip;………………Appellant Vs. National Board of Revenue and others................Respondents Judgment April 25, 2013. Result: The Customs Appeal is allowed. Cases Referred to- Mohammed Zulfiqar Vs. Abul Kalam, 42 DLR (AD) 8......ated 24-4-2006. Being aggrieved by this Adjudication Order, the appellant-importer preferred an appeal before the Customs, Excise and Vat Appellate Tribunal, Dhaka (respondent No.2) (hereinafter called "the Tribunal") under section 196A of the Customs Act, 1969 ("the said Act&quo......vision in view of sub-section (3) of Section 196G of the said Act. Send down the record of the lower authority. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 522 ..Category: Fiscal/Taxation Law | Date: 25 Apr, 2013 | Hits: 2
JIT Knit Composite Ltd Vs. Government of Bangladesh and others, 2013, 42 CLC (HCD)
....bsp; Result: The Rule is made absolute. Section 45(1) (Ga) (Gha) and Section 49(Kha) of the Bank Companies Act clearly invest Bangladesh Bank with a strong regulatory power over the functioning and business of banking companies. Under Bank companies Act, 1991 Ba......13. Result: The Rule is made absolute. Section 45(1) (Ga) (Gha) and Section 49(Kha) of the Bank Companies Act clearly invest Bangladesh Bank with a strong regulatory power over the functioning and business of banking companies. Under Bank companies Act, 19......dash;For the Respondents. Writ Petition No.11021 of 2012. Judgment Md. Ashfaqul Islam J.- JIT Knit Composite Limited is the petitioner and at it's instance the Rule Nisi was issued calling upon the respondent No.2, Governor Bangladesh Bank, Bangladesh Bank Bhaban, Dhaka to show ca......in stayed. With this observation and direction the Rule is made absolute. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 480. ..Category: Banking Law, Company Law | Date: 25 Apr, 2013 | Hits: 11
Abdul Mukid (Md.) Vs.. Artha Rin Adalat Khulna and another, 2013, 42 CLC (HCD)
....d or certificates issued by the said Artha Rin Adalat also resulted in nullity. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 211. ............Petitioner Vs. Artha Rin Adalat Khulna and another................Respondents Judgment April 21, 2013 Result: The Rule is made absolute. Cases Referred to- Supreme Court of Bangladesh Vs. Md. Sufi Uddin, 6 BLC (AD) 241; Bangladesh House Building F......am, 36 DLR (AD) 179. Lawyers Involved: Ahmed Nowshed Jamil, Advocate—For the Petitioner. Writ Petition No. 4303 of 2009. Judgment Sheikh Hassan Arif J.- Rule was issued calling upon the respondents to show cause as to why the registration of the application under ......d or certificates issued by the said Artha Rin Adalat also resulted in nullity. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 211. ..Category: Corporate Law | Date: 21 Apr, 2013 | Hits: 4
Tajul Islam and others Vs. Billal Hossain and another, 2013, 42 CLC (AD)
.... High Court Division and connected materials on record. The point of determination in case in hand is whether an Assistant Sessions Judge deemed to be appointed as Additional Sessions Judge has the power to hear appeals, revisions references and reviews if they are made over or transferred to him............................Appellants Vs. Billal Hossain and another ...............Respondents Judgment April 16, 2013. Result: The appeal is allowed. Cases Referred to- Nurul Huda Vs. Baharuddin and others 41 DLR 395; 37 DLR 18; 37 DLR 18. Lawyers Involv......e appellants shall appear before the Sessions Judge, Chandpur and till then the bail granted by this court will continue. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 165. ......e appellants shall appear before the Sessions Judge, Chandpur and till then the bail granted by this court will continue. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 165. ..Category: Procedural Law | Date: 16 Apr, 2013 | Hits: 8
Bangladesh Inland Water Transport Au¬thority (BIWTA) Vs. Bangladesh & others, 2013, 42 CLC (HCD)
....tly expressed either in the law or any rules framed there under but in the absence of any such specific authorities mere declaration of a Ferry Ghat into a riverport does not automatically Seases the power to manage and lease out the Ferry Ghat by Zilla Parishad which has all along been doing the sa......Rule is discharged. Lawyers Involved: SM Rezaul Karim with Sheikh Fazle Noor Taposh with Abdur Razzak with Afia Begum, Advocates—For the Petitioners. Abdus Salam Mondol, Deputy Attorney-General with Bahauddin Ahmed Assistant Attorney-General—For the Respondent Nos.1—......has to be explicitly expressed either in the law or any rules framed there under but in the absence of any such specific authorities mere declaration of a Ferry Ghat into a riverport does not automatically Seases the power to manage and lease out the Ferry Ghat by Zilla Parishad which has all along ......ind that the instant writ petition is not maintainable. Accordingly, this Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 535 ..Category: Constitutional Law | Date: 15 Apr, 2013 | Hits: 3
ABM Mohiuddin Chowdhury Vs. Anti-Corruption Commission and others, 2013, 42 CLC (HCD)
....aws is deprecated. The main thrust is whether if the process of the Court of law constituted under the general law is being abused, a writ of certiorari is maintainable. The High Court Division's power under writ jurisdiction to quash criminal proceeding should he exercised sparingly in rar.............Respondents Judgment April 4, 2013. Result: The Rule is discharged. Cases Referred to- Anti-Corruption Commission Vs. Md Enayetur Rahman, 8 LG (2011) AD 153 = 64 DLR (AD) 14. ...... Writ Petition No.5799 of 2008 Judgment Farah Mahbub J.— In this Rule, issued under Article 102 of the Constitution of the Peoples Republic of Bangladesh, the respondents have been called upon to show cause as to why the proceedings of Double Mooring Police Station Case No.7 ......te of receipt of the copy of thus order. The Court concern is to decide the prayer for bail, if so made, in accordance with law. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 537 ..Category: Anti-Corruption Laws, Constitutional Law | Date: 4 Apr, 2013 | Hits: 4
Golam Nabi and another Vs. Anti-Corruption Commis¬sion, and others, 2013, 42 CLC (HCD)
....ne of the member named Md. Habibur Rahman which also stands against the mandatory provision laid down in section 32(1) and (2) of the Anti-Corruption Commission Act, 2004 because the very sanctioning power for prosecution has been given by the legislature to the Commission, not any member of the Com...... Anti-Corruption Commission and others……………Respondents Judgment March 14, 2013. Result: The Rules are discharged. Cases Referred to- Anti-Corruption Commission Vs. Sheikh Hasina Wazed, 60 DLR (AD) 172; Anti-Corruption Commis......e also kept in each writ petition, referred to above facilitating to incorporate the result in the order sheet. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 181 ......e also kept in each writ petition, referred to above facilitating to incorporate the result in the order sheet. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 181 ..Category: Anti-Corruption Laws, Criminal Law | Date: 14 Mar, 2013 | Hits: 4
Dhaka City Corporation Vs. Firoza Begum & others, 2013, 42 CLC (AD)
....thority and the denial of that expectation would work to his detriment. The court can interfere only if the decision taken by the authority is found to be arbitrary, unreasonable or in gross abuse of power or in violation of the principles of natural justice and not taken in public interest. (v...... Legitimate expectation may arise either from an express promise given on behalf of a public authority or from the existence of regular practice which the claimant can reasonably expect to continue. Vide Council of Civil Service Union Vs. Minister for the Civil Service 1985 AC 374&hell......ng the appellant to absorb respondent Nos. 1 to 88 in the revenue budget with all arrear salaries and benefits. He lastly submits that respondent Nos.1 to 88 knew that they would be automatically terminated from the service on completion of the project and that they have been notified...... the revenue budget as per Rules and Regulations. The writ-petitioners, thereafter, served a legal notice dated 29th June, 2008 claiming arrear salaries amounting to Taka 1, 07, 08,048. Pursuant to a meeting held on 12th July, 2008 with the Chief Executive Officer of DCC for deciding the demand of s..Category: Constitutional Law, Employment/Service Law | Date: 6 Mar, 2013 | Hits: 17
State Vs. Romana Begum alias Noma, 2013, 42 CLC AD
....igh Court Division does not call for any interference by this Division. Accordingly, the criminal appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 183. ......eal is dismissed. Condemned-prisoner spent about 4 years in the condemned cell, and 13 years have elapsed since the judgment of the High Court Division, which commuted her sentence of death to imprisonment for life....... (17) Lawyers Involved: Momtazuddin Fakir......ted her sentence of death to imprisonment for life. 18. In view of the facts and circumstances discussed above, we are of the view that the judgment of the High Court Division does not call for any interference by this Division. Accordingly, the criminal appeal is dismissed.......igh Court Division does not call for any interference by this Division. Accordingly, the criminal appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 183. ..Category: Procedural Law | Date: 5 Mar, 2013 | Hits: 5
Rear Admiral M. Nurul Islam, NCC, PSC (Retd.) Vs. State, 2013, 42 CLC (HCD)
....ssion. We have gone through these applications under section 561A of the Code of Criminal Procedure and the materials annexed thereto. 18. The First question is as to whether or not the inherent power under section 561A of the Code of Criminal Procedure can be invoked at any stage of the procee......llip;………………………………………..Opposite party Judgment February 14, 2013. Cases Referred to- Abdul Quader Chowdhury Vs. The State, 28 DLR (AD) (1976) 38; Ali Akkas Vs. Enayet Hossain a...... of the Penal Code and section 5(2) of the Prevention of Corruption Act, 1947. The Rules were issued in the following terms: 3. In Criminal Miscellaneous Case No.2334 of 2004 the Rule was issued calling upon the opposite party to show cause as to why the proceeding in Special Case No. 56/03 (fo......Corporation of South Korea. The decision was taken on the basis of a summary dated 06.08.1996 that contained an objection from the then Finance secretary, a decision was taken in an inter-ministerial meeting held on 31.03.1997, under the Chairmanship of the then Prime Minister to float a second inte..Category: Anti-Corruption Laws | Date: 24 Feb, 2013 | Hits: 82
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