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Abdul Momen Bhuiyan and others Vs. District Judge, Dhaka and others, 2013, 42 CLC (AD)
....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. ......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. ...... The writ-petitioners obtained loan of Taka 4, 82,011.20 from respondent No.1, HBFC (House Building Finance Corporation) payable within 12 years but the writ-petitioners failed to repay the loan amount within the stipulated period. After that, HBFC filed Miscellaneous Case No.17 of 2001 in the ..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 ......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 ......rs. 24. Thus, considering the facts and circumstances of the case, vis-a-vis the law, we are of the view that the matter should be revert back to the Tribunal for deciding the proportionate amount of income of the deceased which falls in the share of the assessee for the purpose of payment..Category: Fiscal/Taxation Law | Date: 14 Nov, 2013 | Hits: 4
AKM Mosharraf Hossain Vs. State & another, 2013, 41 CLC (HCD)
....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 ......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 ......ntract with the Government. It has been also alleged that the convict-appellant received Taka 2,89,130.61 towards pay and allowances, Taka 2,75,319 towards Foreign Tours and the sum total of which is amounting to Taka 5,64,449.61. It has been further alleged that the convict-appellant subsequen..Category: Anti-Corruption Laws, Criminal Law | Date: 10 Oct, 2013 | Hits: 3
SM Redwan Vs. Md. Rezaul Islam and others, 2013, 42 CLC (AD)
....he High Court Division are hereby set-aside. The concerned Courts are directed to proceed with the cases in accordance with law. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 169. ......he High Court Division are hereby set-aside. The concerned Courts are directed to proceed with the cases in accordance with law. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 169. ......ed by the drawer Since the cheques were returned by bank with the endorsement "payment stopped by the drawer" it is to be presumed that those were returned unpaid because the amount of money standing to the credit of that account was insufficient to honour of the cheque..Category: Criminal Law, Others | Date: 9 Oct, 2013 | Hits: 12
....n 7-12-2008 issued by the Pubali Bank Limited.
6. Subsequently, the petitioner went to the respondent bank on several occasions with the proposal to liquidate the entire outstanding dues in easy installments but in vain. The petitioner asserts that though the Respondent No. 2 sometimes adm......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.
......the petitioner on 26-11-2008 deposited Taka 40,000 to the respondent bank vide receipt No. 185332. After deposit of said money the Respondent No.2 told the petitioner to make payment of the rest amount within 10 days, else the mortgaged property shall be auctioned.
4. The petitioner now co..
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 ...... be a later determination by another tribunal (see R Postmaster General. Ex p. Carmichael [1928] I KB 291), Rv Boycott. Ex p. Keasley ([1939J2 All ER 626. [1939J2 KB 651). Is there any reason in principle why certiorari should not be in respect of a determination where the subsequent condition ......, clearly no justifiable ground to assume that such approval of 2004 can any longer be in force. The impugned order, being so shorn of any legal basis, is, accordingly, not only illegal but also amounts to a colourable and arbitrary exercise of authority. 31. It is at this juncture that th..Category: Administrative Law, Constitutional Law | Date: 3 Oct, 2013 | Hits: 2
Ahmed Lal Mia Vs. State and another, 2013, 42 CLC (AD)
....ove, no interference is called for with the impugned judgment and order. The leave petition is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 204. ......ove, no interference is called for with the impugned judgment and order. The leave petition is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 204. ......nishable under section 138 of the Negotiable Instruments Act, 1881 (the Act, 1881). In the petition of complaint, it was alleged, inter alia, that the accused issued a cheque on 16-1-2011 for an amount of Taka 50, 00,000 in favour of the complainant drawn on City Bank Limited, O.R. Nizam Road B..Category: Criminal Law | Date: 3 Oct, 2013 | Hits: 5
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. ......iable to pay the value added tax from its own fund. He further submits that the expression "other taxes on income" followed by "income tax, super tax" must be read by applying the principle of ejusdam generis to mean a direct tax of the kind similar to income tax and super tax an......ned Rule Nisi in Writ Petition No.3426 of 1999. 3. The University authorities, respondent Nos.1-4 contested the Rule by filing affidavit-in-opposition wherein it was contended that the aforesaid amount was lawfully deducted towards payment of VAT as per clause 2.45(a) of the General Conditions ..Category: Fiscal/Taxation Law | Date: 3 Oct, 2013 | Hits: 28
....no reason and logic, he could just sit over the matter.
With the above observations, this petition is dismissed.
Ed.
This Case is also Reported in: 20 BLC (AD) (2015) 143
......no reason and logic, he could just sit over the matter.
With the above observations, this petition is dismissed.
Ed.
This Case is also Reported in: 20 BLC (AD) (2015) 143
......uthority may have any justifiable 'demand against the petitioner, they can raise and get adjudicated the same in accordance with the provisions of the VAT Act. But they cannot adjust any disputed amount, which was never adjudicated under section 55 of the VAT Act.
When the application for c..
Category: Fiscal/Taxation Law | Date: 24 Sep, 2013 | Hits: 9
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 ......so that they can do their job efficiently having no injured feeling. Delay in formal Court proceedings has given rise to a new concept of alternative dispute resolution mechanism. Accepting this principle our Constitution has made provision for Administrative Tribunals in Article 117. Therefore......on of the decision of the Administrative Tribunal also clearly holding that writ for such remedy was not maintainable, the High Court Division erred in entertaining the writ petition as the same amounts to uncertainly in respect of law relating to persons in the service of the Republi..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. ......n contained in section 71 of the Pakistan Penal Code which prohibits punishing an offender for more than once for the same act which is punishable under two or more definitions. The law and principle contained in section 26 of the General Clauses Act, section 5(4) of the Act (II of 1947) a......hancery Building at an annual rental of 2,40,000 Dirhams from September, 2006 in preference to the earmarked rented residence of the Bangladesh Ambassador to the UAE near the Bangladesh Embassy at an amount of 2,10,000 Dirhams and because of shifting and other incidental expenses, the accused-appell..Category: Criminal Law, Procedural Law | Date: 1 Aug, 2013 | Hits: 5
....hereby declared to have been given without lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 66 DLR (HCD) (2014) 14.
......ubvert and overthrow the Constitution of the Republic.
189. BJI on the contrary, not only opposed the birth and creation of the State of Bangladesh founded on the basis of secular and democratic principles, but it is an organization, which systematically sided and aided with the enemy, which im......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 association a 'certificate' and a kind of legitimacy by the Republic, ..
Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 10
....নোয়ার কবির; ইসলামিক ফাউন্ডেশন কর্তৃক প্রকাশিত, পৃষ্ঠাঃ ৬৮)
(..to be continued at CLC ID ( 9365 )
......tution and the fundamental tenets of Islam itself.
4. The second limb of their case is that the BJI is opposed to the birth of Bangladesh which was founded on the basis of secular and democratic principles. Members of BJI collaborated with the occupation army in 1971, sat in the war cabinet of ......g no less disqualification than BJI, also got registration at the same time. The petitioners did not challenge their registration either. The conspicuous silence of the petitioners on the above facts amounts to suppression of material facts on the one hand and signifies that they have not come with ..
Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 10
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. ......o challenge before the District Judge and any order made by the District Judge is appealable to the High Court, whose decision will be the final………(11) It is a well-accepted principle of interpretation that where different language is used in the same statute different inte......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
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 ......missed. 6. Both the parties adduced oral and documentary evidence at the trial. The trial Court on appreciation of evidence on record dismissed the suit finding the same to be barred by the principle of estoppels, and permission of the Court was obtained for transfer of part of the propert......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 ..Category: Property Law | Date: 25 Jul, 2013 | Hits: 6
Younusuzzaman (Badal) Vs. State and another, 2013, 42 CLC (HCD)
.... time of issuance of the Rule is hereby vacated. Communicate a copy of this judgment to the court concern immediately. Borhanuddin J.-I agree. Ed. This Case is also Reported in: ...... time of issuance of the Rule is hereby vacated. Communicate a copy of this judgment to the court concern immediately. Borhanuddin J.-I agree. Ed. This Case is also Reported in: ...... the accused petitioner, for marketing and selling 10/1, 16/1 & 20/1 count cotton yarn produced by the said company. According to the terms and conditions of the agreement the complainant paid an amount of Tk. 20, 00,000/- (twenty lac) only to the accused petitioner on the date of signing of the..Category: Criminal Law | Date: 25 Jul, 2013 | Hits: 140
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. ......y when the cause of actions are inseperable and the cancellation of the fraudulent acts and deeds are inescable consequence of the court's order setting-aside the illegal allotment of shares. The principle exdebito justitiae is applicable in this case and the ends of justice require doing jus&sh......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. ..Category: Company Law | Date: 24 Jul, 2013 | Hits: 10
....respondents No.2-4 treating the same as a proper miscellaneous case after hearing both sides forthwith.
Communicate at once.
Ed.
This Case is also Reported in: 66 DLR (HCD) (2013) 1.
......respondents No.2-4 treating the same as a proper miscellaneous case after hearing both sides forthwith.
Communicate at once.
Ed.
This Case is also Reported in: 66 DLR (HCD) (2013) 1.
......standing that right after passing of the ex parte decree or from the date of knowledge of the ex parte decree if within 30 days as per sub-section (3) of section 19 by depositing 10% of the decreetal amount an application is filed for restoration of the suit after setting-aside the ex part..
Category: Banking Law | Date: 24 Jul, 2013 | Hits: 10
Sarwar Hossain Moni (Md.) Vs. State and another, 2013, 42 CLC (AD)
....iewed in affirming the judgment and order passed by the High Court Division and accordingly, both these petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 283. ......iewed in affirming the judgment and order passed by the High Court Division and accordingly, both these petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 283. ......titioner. 3. In CR Case No.4131 of 2008, it was alleged that the accused-petitioner issued a cheque in favour of the complainant bearing No.50/Kha(চ) 1204311 dated 30-4-2008 for an amount of Taka 50,00,000 drawn on Bangladesh Commerce Bank Ltd., Bangshal Branch, Dhaka of his Curre..Category: Criminal Law | Date: 24 Jul, 2013 | Hits: 8
Zahidul Islam (Md.) Vs. Md. Kamal Hossain and another, 2013, 42 CLC (AD)
....irected to proceed with the trial of the Sessions case in accordance with law and dispose of the same expeditiously. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 180. ......irected to proceed with the trial of the Sessions case in accordance with law and dispose of the same expeditiously. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 180. ......-1899 of the same bank, but the cheque was returned on the ground of insufficiency of fund. Then the complainant by a legal notice dated 22-4-2007 demanded from the respondent the payment of the amount of the said dishonoured cheque and though the respondent received the notice on 24-4-2007, he..Category: Others, Procedural Law | Date: 23 Jul, 2013 | Hits: 9
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