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State Vs. Md. Faisal Alam Ansari and others, 2008, 37 CLC (AD)
....as stated above and the Jail Appeal is accordingly disposed of. Send down the lower Court records along with a copy of this judgment at once. Ed. This Case is also Reported in: ......as stated above and the Jail Appeal is accordingly disposed of. Send down the lower Court records along with a copy of this judgment at once. Ed. This Case is also Reported in: ......th Jail Appeal No. 842 of 2003). Judgment November 5, 2008. Result: The Criminal Appeal is dismissed with alteration of the sentence and the Jail Appeal is disposed of. Cases Referred to- Mohim Mondal Vs. The State, 15 DLR 615; Sajjan Singh Vs. State of Madhya Pradesh; Dule Singh ...... the remaining accused. Thus only 2 out of 32 accused persons ended up being convicted. The State filed an appeal challenging the decisions regarding all 32 accused persons. The Supreme Court did not grant leave in respect of the 4 ladies. Before the Supreme Court it was contended by the respondents..Category: Criminal Law | Date: | Hits: 94
....r of the High Court Division.
We do not find any merit in the leave petition. Accordingly, the petition is dismissed.
Ed.
This Case is also Reported in:
......r of the High Court Division.
We do not find any merit in the leave petition. Accordingly, the petition is dismissed.
Ed.
This Case is also Reported in:
......rd-For the Petitioners.
Dr. Naim, Advocate, instructed by Syed Mahbubur Rahman, Advocate-on-Record-For Respondent No.2
Not represented- For Respondent Nos.1 & 3.
Civil Petition for Leave to Appeal No.159 of 2011.
(From the judgment and order dated 29th November, 2010 passed by the Hi......ease of the property in question situated at the HHNZ station at mile No.168/16 to 168/18 under J. L. No.17, Mouza Sultan Mahmud, by the side of the Railway Track, from the Bangladesh Railway and was granted license on 28.10.1980 in respect of .91 acre of land for the period 14.04.1980 to 13.04.1981..
Category: Property Law | Date: | Hits: 69
Biman Bangladesh Airlines Limited and others Vs. Md. Moniruzzaman and others, 2011, 40 CLC (AD)
....service benefit from the date of passing the judgment and order by the High Court Division on 18-3-2010 in writ petition No.4480 of 2009. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 56.......d over to the newly created Public Limited Company. Before transÂformation of Biman as a Public Limited ComÂpany, the service of the petitioner was terminated on 4-2-2007 purportedly in exercise of powers vested in it under regulation 52 (1) of Regulations, 1979; hence he filed the writ petition. ......h Airlines Limited and others.........Appellants Vs. Md. Moniruzzaman and others...............Respondents Judgment December 1, 2011. Result: The appeal is allowed. Case Referred to- Aleka Khatun Vs. Government of Bangladesh, 61 DLR 693. Lawyers Involved: Zainul Abedin,......ed by and dissatisfied with the judgment and order passed by the High Court Division the present appellants filed Civil Petition for Leave to Appeal No.1028 of 2010 before this Division and leave was granted on 15th October, 2010 to consider the following points: "(I) Whether, the writ petitioner..Category: Employment/Service Law | Date: | Hits: 111
Government of Bangladesh and others Vs. Abdul Motaleb & others, 2011, 40 CLC (HCD)
.... based on proper appreciation of laws and facts. Accordingly, all the 3 (three) appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 50. ......he judgment and order passed by the Special/Subordinate Judge before the higher Court and the same is binding upon the revenue authority as well as the original owner and the revenue authority has no power to pass any order for collection of rent from the original owner and that the High Court Divis......ul Huda J Government of Bangladesh and others.........Appellants (In all the appeals) Vs. Abdul Motaleb & others.......................Respondents (In all the appeals) Judgment October 12, 2011. Result: All the 3 (three) appeals are dismissed. Cases Referred to- AK......t of Bangladesh, repreÂsented by the Deputy Commissioner, Patuakhali and other defendants preferred Civil Petition for Leave to Appeal Nos.196, 197 and 198 of 2003 before this Division and leave was granted on 25-7-2004 resulting in Civil Appeal Nos.185-87 of 2004. 11. Mr. Kurunamoy Chakma, lear..Category: Property Law | Date: | Hits: 67
Government of Bangladesh and Others Vs. Md. Mosharraf Hossain, 2011, 40 CLC (AD)
....not find any error in the impugned judgment and order calling for interference by this Court. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 67.......not find any error in the impugned judgment and order calling for interference by this Court. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 67....... J Md. Shamsul Huda J Government of Bangladesh and Others……………..Appellants Vs. Md. Mosharraf Hossain……………………………………….Respondents Judgment October 16, 2011. Result: This petition is dismissed. Cases Referred to- 59 DLR (AD) 54; G...... to have been issued and made without lawful authority and are of no legal effect. The petitioner also sought direction upon the present appellants who were respondent Nos.1-3 in the writ petition to grant him the status of First Class Gazetted Officer with a pay scale of TK. 9000-405X16-15480 under..Category: Employment/Service Law | Date: | Hits: 127
Rajdhani Unnayan Katripakkha (RAJUK) Vs. A.K.M. Abdul Hakim and Others, 2010, 39 CLC (AD)
....eable property. We find no substance in this petition, which is accordingly dismissed with cost of Tk. 10,000/- (ten thousand) only. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 34. ......eable property. We find no substance in this petition, which is accordingly dismissed with cost of Tk. 10,000/- (ten thousand) only. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 34. ......-Record-For the Petitioners. Kamrul-ul-Alam, Senior Advocate instructed by Zainul Abedin, Advocate-on-Record-For Respondent No.1. Not represented-Respondent Nos. 2-8 Civil Petition for Leave to Appeal No.2186 of 2009. Judgment Md. Abdul Matin J. - This petition for leave to appeal is ......eable property. We find no substance in this petition, which is accordingly dismissed with cost of Tk. 10,000/- (ten thousand) only. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 34. ..Category: Civil Law | Date: | Hits: 76
.... discharging the Rule.
For the reasons stated hereinbefore, we find no merits in the petition and accordingly, the same is dismissed.
Ed.
This Case is also Reported in: 64 DLR (AD) (2012) 43. ......sit. A copy of the interim Order passed by the High Court Division in Writ Petition No.11234 of 2006 relating to CEVT/ case No.59/2006 was also submitted. But responÂdent No.1 without exercising his power under the said provisions of the VAT Act read with the Customs Act and considering the observa......hhab MiahJ
Nazmun Ara Sultana J
Syed Mahmud Hossain J
Md. Imman Ali J
Mamtaz Uddin Ahmed J
JMS Glass Industries Ltd............................................Petitioner
Vs.
Customs, Excise and VAT Appellate TribuÂnal and others...............Respondents
Judgment
Novemb......o respondent No.2, Commissioner (Appeal) on 27-9-2006 mentioning in detail of the documentary evidence and prayed for accepting the Appeal after holding impartial Enquiry. It was furÂther prayed "to grant the Appeal for hearing by waiving deposit of 10%" of the demanded VAT or imposed penalty under..
Category: Fiscal/Taxation Law | Date: | Hits: 130
Azmal Khan Vs. Md. Afzal Khan and others, 2011, 40 CLC (AD)
....g the plaintiff's case in his written statement and is also privileged to file additional written statement under order 8 Rule 9 at any stage of the proceedings with the leave of the Court. This is a discretionary power of the Court in allowing a defendant to file additional written stateÂment whic......ase which is the subject matter of the suit and the petrol pump was rented to a tenant, and subsequently it has been managed by Meghana Petroleum Co. Ltd. The plaintiff claimed that he had executed a power of attorney authorizing the defendant No.2 to look after his share in the petrol pump business.......................................Appellant Vs. Md. Afzal Khan and others…………….........Respondent Judgment March 2, 2011. Result: The appeal is dismissed. Cases Referred to- BKN Piliai Vs. Pillai, AIR 2000 SC 614; Modi Spinning and Weaving Mills Co. Ltd Vs. Ladha Ram......as due to the fact that why he did not make such statement in the Trial Court. If the necessary materials on which the plea arising the amendment may be decided is already there, the amendment may be granted. This is not the case of the appellant before us. He is debarred by the prinÂciples of esto..Category: Civil Law | Date: | Hits: 86
Zaminur Rahman & others Vs. Bangladesh & others, 1978, 7 CLC (AD)
....uraged. In the above premises the appeal is disÂmissed but in the facts and circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 171.......lding that the submission that the Municipal ComÂmittee could not lease out the Octroi posts was without any substance. 5. Leave was granted to examine the conÂtention of the appellants that the power of taxation in its nature is such that no private person can be allowed to collect and approÂ...... others…………………Appellants Vs. Bangladesh & others……………………Respondents Judgment August 21, 1978. Result: The appeal is disÂmissed. Cases Referred to- Burmah Oil Company Limited Vs. The Trustees for the Port of Chittagong (1962) 14 DLR (SC) 106......urt Division, however, rejected the said petition summarily, holding that the submission that the Municipal ComÂmittee could not lease out the Octroi posts was without any substance. 5. Leave was granted to examine the conÂtention of the appellants that the power of taxation in its nature is su..Category: Fiscal/Taxation Law | Date: | Hits: 112
Mullick Brothers Vs. Income Tax Officer and another, 1978, 7 CLC (HCD)
.... premises the appeal is allowed but without any order as to costs. The impugned demand notices are declared to be of no lawful authority. Ed This Case is also Reported in: 31 DLR (AD) (1979) 165.......zrul Islam shall be the Vice-President of the Republic, and that the President shall be the Supreme Commander of all the Armed Forces of the Republic, shall exercise all the Executive and Legislative powers of the Republic including the power to grant pardon." On the same day that is 10th April, 197......9 (hereinafter called the Regulation) on malicious report from the informer taking advantage of the Martial Law prevailing in Pakistan. The appellant was coerced by the illegal process and was forced to accept abnormal high income and taxes assessed against the appellant and his partners under the t......ourt. 5. The appellant served another notice demanding justice on the Commissioner of Income Tax investigation (now north) Dacca being respondent No.2 on 10.4.1974 for directing respondent No.1 to grant the necÂessary relief under the law. Having not receÂived any reply from the said respondent..Category: Fiscal/Taxation Law | Date: | Hits: 122
Sonali Bank Vs. Mozaffor Hossain, 1997, 26 CLC (HCD)
....t of Subordinate Judge, Barisal is set aside and the ex parte decree dated 30-7-1983 is maintained. Order of stay stands vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 174. ...... of the Code of Civil Procedure and obtained the present Rule. 9. The plaintiff-petitioner is represented by the learned Advocate Mr. Shahidul Haque. The defendant opposite party, though, filed power, did not contest the Rule at the time of hearing of the same. 10. Mr. Md. Shahidul Haque, i......Civil Revision No.97 of 1988 (Barisal) Civil Revision No.2861 of 1991 (Dhaka) Judgment AK Badrul Huq J.- Feeling aggrieved by a judgment and order passed by the learned Subordinate Judge, restoring a suit to its file and number, on allowing Miscellaneous Case under Order 9 rule 13 of the Co......endant was correct and the plaintiff had knowledge of that. The learned Judge further held that in view of the circumstances, the application for adjournment filed by the defendant was required to be granted. The learned Subordinate Judge, thus, appears to have missed the true import of the provisio..Category: Procedural Law | Date: | Hits: 80
Harunar Rashid (Md.) Vs. Subordinate Judge, (Artha Rin Adalat) Bogra and others, 1997, 26 CLC (HCD)
....92 (Annexure to the petition) is hereby declared to have been passed or made without any lawful authority and to be of no legal affect. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 170.......cially established for deciding those cases only which are for recovery of the loan advanced by the financial institution. The learned Artha Rin Adalat has acted absolutely without jurisdiction as no power has been vested in the Artha Rin Adalat to try a case other than the realisation of loan money......, Advocates - For the Petitioner. Rafiqur Rahman, Advocate - For the Respondent No.2 Writ Petition No.230 of 1993. Judgment Qazi Shafiuddin J.- A Rule Nisi was issued upon the respondents to show cause as to why the judgment and decree passed by the respondent No.1 in Artha Rin Adalat Su......ner. The charges leveled against the petitioner were denied by him. He surrendered before the Divisional Special Judge, Rajshahi on 19-5-92 and the prayer for bail was refused but subsequently he was granted bail on 5-8-92 by the High Court Division. The petitioner was released on 16-8-92 from Rajsh..Category: Civil Law | Date: | Hits: 71
Abdur Rahim Vs. Arifur Rahman and others, 1997, 26 CLC (HCD)
....impugned judgment to call for any interference by this Court exercising revisional power. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 166.......dence on record and are based on correct principle of the appreciation of the evidence. We find no illegality in the impugned judgment to call for any interference by this Court exercising revisional power. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR .......................Petitioner Vs. Arifur Rahman and others.......................Opposite Parties Judgment November 27, 1997. Result: No illegality was found in the impugned judgment to call for any interference by this Court. Cases Referred To- Gokal Chand and others Vs. the ......impugned judgment to call for any interference by this Court exercising revisional power. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 166...Category: Procedural Law | Date: | Hits: 68
Ihteshamur Rahman Vs. Masuda Khatun and others, 1998, 27 CLC (HCD)
....tively within 3(three) months from the d of receipt of this order. The order of stay earlier granted by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 159. ......tively within 3(three) months from the d of receipt of this order. The order of stay earlier granted by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 159. ......Title Suit No.258 of 1992, praying for declaration of title and recovery of the Khas possession in the suit property alleging, inter alia that the suit land along with other lands originally belonged to Naik Goala and accordingly, the CS record was prepared in his name. In course of time the entire ......readily demands expeditious disposal. The learned Subordinate Judge is directed to dispose of the suit positively within 3(three) months from the d of receipt of this order. The order of stay earlier granted by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998..Category: Property Law | Date: | Hits: 66
Shahnewaz Karim (Md.) Vs. State, 2009, 38 CLC (HCD)
....undertaking to produce the same before the Court on and when directed by the same. Copy be sent down at once. Ed. This Case is also Reported in:62 DLR (HCD) (2010) 67; 18 BLT (HCD) (2010) 5. ......¦â€¦â€¦..............Opposite Party Judgment April 13, 2009. Result: The Rule is made absolute. The Code of Criminal Procedure, 1898 (V of 1898); section 561A The Magistrate has the power to make order of temporary custody for the protection of the property produced before him rega......¦..............Opposite Party Judgment April 13, 2009. Result: The Rule is made absolute. The Code of Criminal Procedure, 1898 (V of 1898); section 561A The Magistrate has the power to make order of temporary custody for the protection of the property produced before him regarding ......undertaking to produce the same before the Court on and when directed by the same. Copy be sent down at once. Ed. This Case is also Reported in:62 DLR (HCD) (2010) 67; 18 BLT (HCD) (2010) 5. ..Category: Criminal Law | Date: | Hits: 110
Islam Enterprise Vs. Commission of Taxes Zone-3, 2007, 36 CLC (HCD)
....he applications under section 173 of the Ordinance in the negative and against the revenue and in favour of the applicants. No costs. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 59.......wish. In the absence of any basis, such rejection of a small part of the debts and addition of that amount to the income therefore, cannot be accepted. 29. The Assistant Commissioner of Taxes is empowered to ask for proof of the debts claimed and to reject a part of the debts which could not be p......nce in the negative and against the revenue and in favour of the applicants. No costs. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 59.......he applications under section 173 of the Ordinance in the negative and against the revenue and in favour of the applicants. No costs. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 59...Category: Fiscal/Taxation Law | Date: | Hits: 97
Abul Kashem Vs. AKM Golam Mostafa and others, 2009, 38 CLC (HCD)
....ated. Office is directed to send down the records of this case at once with a copy of Judgment for information and necessary action. Ed This Case is also Reported in: 62 DLR (HCD) (2010) 44. ......s the evidence on record and to arrive at his own independent finding. In the instant case, the specific findings of the trial Court have not been reversed by the lower appellate Court exercising its power under Order XLI, rule 31of the Code. Accordingly, the trial Court's Judgment and decree are re......shem.................Petitioner Vs. AKM Golam Mostafa and others..................Opposite Parties Judgment January 14, 2009. Result: The Rules are made absolute. Cases Referred to- Abdur Rahman Vs. Shamsunnahar Begum, 7 BLT (AD) 125; Md. Ismail Vs. Province of East Pakistan......ereby set aside and the Judgment and order dated 15-5-2001 passed by the learned Senior Assistant Judge, Begumganj, Noakhali, in Miscellaneous Case No.17 of 1999 is hereby affirmed. The order of stay granted earlier by this Court stands vacated. Office is directed to send down the records of this..Category: Administrative Law | Date: | Hits: 230
....
The leave petitions are disposed of with the above observations and modifications of the earlier as well as the impugned judgments.
Ed.
This Case is also Reported in: 17 BLC (AD) (2012) 91.
......ations arising from the existence of a regular practice or consultation which the appellants could reasonably expect to continue gave rise to an implied limitation on the Minister’s exercise of the power contained in Art.4 of the 1982 order, namely an obligation to act fairly by consulting the GCH......¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦Respondents (In Civil Petition No. 2169 of 2011)
Judgment
February 20, 2012.
Result:
The leave petitions are disposed of.
Lawyers Involved:
Mahbubey Alam, Attorney General (with Ekramul Haque, Deputy Attorney General and Shaikat Basu, Assistant Attorney Gen......ED to consider the cases of 100 writ petitioners in the same way as has been done in the case of 99 Assistant Engineers. The petitioners filed leave petitions against the said judgment. This Division granted leave to the petitioners but ultimately the appeal was not pressed. Pursuant thereto, those ..
Category: Employment/Service Law | Date: | Hits: 147
Chutta Miah Vs. State, 2004, 33 CLC (HCD)
.... made above and in accordance with law after giving the petitioner an opportunity to recall the prosecution witnesses for cross-examination. Ed. This Case is also Reported in: 56 DLR (2004) 610. ......s and it cannot be said that the intention of this section is to limit its application to the witnesses only before examination of the accused under section 342 of the Code of Criminal Procedure. The power is available to the Court and under section 540 of the Code of Criminal Procedure, a Court has......l Hossain Ahmed J Chutta Miah...................Petitioner Vs. State………………..Opposite Party Judgment July 21, 2004. Result: The Rule is made absolute. Case referred to- Nazrul Islam @ Munto Vs. State, 1999 BLD 188. Lawyers Involved: Md. Rafiqul Hossain wit...... made above and in accordance with law after giving the petitioner an opportunity to recall the prosecution witnesses for cross-examination. Ed. This Case is also Reported in: 56 DLR (2004) 610. ..Category: Criminal Law | Date: | Hits: 68
Azad Hossain (Md) Vs. State, 2003, 32 CLC (HCD)
....with the Special Tribunal Case No. 41 of 1996 immediately, if not wanted in connection with any other case. Communicate the order at once. Ed. This Case is also Reported in: 56 DLR (2004) 602....... facts rather most illegally rejected the petition and passed the order issuing conviction warrant against the petitioner which has caused abuse of the process of the Court and, as such, the inherent power of the Court under section 561A of the Code is attracted to secure ends of justice. No one ......8 of 2003. Judgment Mirza Hussain Haider J. - The petitioner Md. Azad Hossain obtained this Rule under section 561A of the Criminal Procedure Code calling upon the Deputy Commissioner, Dinajpur to show cause as to why the petitioner arrested and now kept under custody to suffer the sentence pa......rrant of arrest was issued against the petitioner wherein, accused Md. Azad Hossain was arrested and sent to Court on 30‑12‑2002 and the other accused Raju having surrendered before the Court was granted bail. In the aforesaid Case No. 124 of 2001 the present petitioner being described as Md. Az..Category: Criminal Law | Date: | Hits: 73
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