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National Life Insurance Company Ltd. Vs. Controller of Insurance, 2002, 31 CLC (HCD)
....€‘3‑1999 by the respondent imposing fine upon the petitioner is declared to have been done without lawful authority and of no legal effect. Ed. This Case is also Reported in: 56 DLR (2004) 624.......d: M Zahir with Shah Muhammad Ezaz Rahman, Advocates ‑ For the Petitioner. Writ Petition No. 985 of 1999. Judgment Md. Marzi ul Huq J. - This Rule was issued calling upon the respondent to show cause as to why the Memo dated 11‑3‑1999 by the respondent imposing fine on the petition......absolute. Lawyers Involved: M Zahir with Shah Muhammad Ezaz Rahman, Advocates ‑ For the Petitioner. Writ Petition No. 985 of 1999. Judgment Md. Marzi ul Huq J. - This Rule was issued calling upon the respondent to show cause as to why the Memo dated 11‑3‑1999 by the respondent i......on as requested earlier should be filed by 15‑6‑1998 and in default legal steps would follow. The petitioner by letter dated 10‑6‑1998 replied that the relevant amendment has been made in the meeting held on 8-Â6‑1995 and the respondent by Memo dated 12‑10Â-1998 informed that by not am..Category: Business or Commercial Law | Date: | Hits: 271
Wazir Jahan Begum and another Vs. Government of BanglaÂdesh and others, 2003, 32 CLC (HCD)
.... lawful authority and therefore, the impugned order has been passed without any basis. On the other hand, Mr. KS Zaman, the learned Advocate appearing for the respondents, submits that in view of the power given in section 27 sub‑section 7(D), the District Judge can transfer the case to the Artha ......dul Matin J Syed Muhammad Dastagir Husain J Wazir Jahan Begum and another…………………Petitioner Vs. Government of BanglaÂdesh and others ............Respondents Judgment October 27, 2003. Result: Rule is made absolute. Case Referred to- Bangladesh House Buildi......nvolved: Md. Tofazzal Hossain ‑ For the Petitioner. KS Zaman ‑ For the Respondents. Writ Petition No. 3636 of 1996. Judgment Syed Muhammad Dastagir Husain J. - This Rule was issued calling upon the respondents to show cause as to why the impugned judgment and Order (Annexure-A) da......a Akhtar & others reported in 49 DLR (AD) 80. In view of our observations and findings as above this Rule is made absolute with costs. Ed. This Case is also Reported in: 56 DLR (2004) 621...Category: Civil Law | Date: | Hits: 81
Tofael Ahmed Vs. State, 2002, 31 CLC (HCD)
....n 247 CrPC is not intended to serve as a short cut for trial Court to dismiss the case by a snap judgment. Power to dismiss the case is undoubtedly there when the complainant is found absent but that power must be exercised judicially and it must be seen and considered having, regard to the circumst...... J Tofael Ahmed......................Appellant Vs. Chand Mia, State .........................Respondents Judgment April 13, 2002. Result: The Appeal is allowed. Cases Referred to- AIR 1959 Cal 525, AIR 1961 (Allahabad) 352, AIR 1948 (Madras) 450, Ayub Ali Bangali Vs. Mia M......uitted and the case was dismissed under section 247 CrPC. On revision the order was upheld with observation that order of acquittal passed in conformity with statutory duty and order being correct calls for no interference. 26. Reference has also been made on behalf of respondent to the decisi......he light of observation made in the judgment dated 16‑1‑1994 by the appellate Court in Criminal Appeal No. 32/89. Record be sent down. Ed. This Case is also Reported in: 56 DLR (2004) 614...Category: Procedural Law | Date: | Hits: 73
A. M. Anwarul Haque Vs. State, 2011, 40 CLC (HCD)
.... set aside. The appellant is released from his bail bond. Send down the lower Court’s records with a copy of this judgment. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ....................Appellant Vs. The State………………………….............................Respondent Judgment April 25, 2011. Result: The appeal is allowed. Cases Referred to- 58 DLR 500; 10 DLR (SC) 29; 48 DLR (AD) 294. Lawyers Involved: Abu Taher Md. Saifur Ra......ing of goods took place only at his instance. P.W.4 Zahirul Islam, a security guard, stated that he joined Naoapara godown in June, 1991. In cross-examination he stated that on receipt of a telephone call, he came to record his evidence. The investigating officer did not examine him during investiga...... set aside. The appellant is released from his bail bond. Send down the lower Court’s records with a copy of this judgment. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 61
Afruj Miah Vs. Jira Miah and another, 2011, 40 CLC (HCD)
....No.1 was in possession of the case land and directed the receiver to deliver possession of the land in his favour. There is nothing illegal to interfere with by this Court in exercise of its inherent power under section 561A of the Code. 8. We have gone through the revisional application, and the...... Md. Rais Uddin J Md. Ruhul Quddus J Afruj Miah………………….......................Petitioner Vs. Jira Miah and another ……………….....Opposite Parties Judgment October 5, 2011. Result: The Rule is discharged. Lawyers Involved: No one –For the petit......e with by this Court in exercise of its inherent power under section 561A of the Code. 8. We have gone through the revisional application, and the judgments of the Courts below. The record was not called for at the time of issuance of the Rule, therefore we are not in a position to examine the ev......sult, the Rule is discharged. The stay granted at the time of issuance of the Rule is vacated. Communicate a copy of the judgment. Md. Rais Uddin J. - I agree. This case is also Reported in: ..Category: Property Law | Date: | Hits: 53
....ent suit to continue with their possession over the abandoned property and it is definite that the suit will bring no result for the plaintiffs. In such a suit, the Court can also invoke its inherent power and reject the plaint taking recourse to section 151 of the Code of Civil Procedure, even if i......ellants
Vs.
Secretary, Ministry of Housing and Public Works and others…………………Respondents
Judgment
December 12, 2011.
Result:
The appeal is dismissed.
Cases Referred to-
Mohammad Jamil Vs. Improvement Trust, Rawalpindi, 17 DLR (SC) 520; Secretary of State, repres....... The connected Civil Rule is also discharged and the stay granted therein is vacated.
Send down the lower Court’s record.
Faruque Ahmed J.- I agree.
Ed.
This Case is also Reported in:
....... The connected Civil Rule is also discharged and the stay granted therein is vacated.
Send down the lower Court’s record.
Faruque Ahmed J.- I agree.
Ed.
This Case is also Reported in:
..
Category: Property Law | Date: | Hits: 78
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: ......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 ......type of sentence to be awarded can only vary due to mitigating circumstances, if any, and that would not relate back to the culpability of the appellants vis Ă vis the offence committed, there is no call for interference by the third Judge with the order of conviction. 23. I note that after disc......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: ..Category: Criminal Law | Date: | Hits: 94
Biman Bangladesh Airlines Limited and others Vs. Md. Moniruzzaman and others, 2011, 40 CLC (AD)
....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,......07 purportedly in exercise of powers vested in it under regulation 52 (1) of Regulations, 1979; hence he filed the writ petition. Rule was issued in the following terms- "Let a Rule Nisi be issued calling upon the respondents to show cause as to why the Regulation 52(1) of Bangladesh Biman Corpor......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...Category: Employment/Service Law | Date: | Hits: 111
Government of Bangladesh and others Vs. Abdul Motaleb & others, 2011, 40 CLC (HCD)
....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...... 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. ...... 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. ..Category: Property Law | Date: | Hits: 67
Government of the People's Republic of Bangladesh Vs. Nasirur Rahman, 2011, 40 CLC (AD)
....titioner joined the service on 05.11.1992 and he was discharging his duties with sincerity and honesty and also to the satisfaction of the concerned authority. Subsequently, in order to reduce the manpower of the project, the Planning Commission at its meeting held on 14.05.1997 decided to abolish t......rs Vs. Nasirur Rahman…………………………..Respondents Judgment December 11, 2011. Result: The leave petition stands disposed of. Lawyers Involved: Mahbubey Alam, Attorney General instructed by M. Wali-ul-Islam, Advocate-on-Record-For the Petitioners. Nasirur Ra......f Deputy Project Director. The petitioner on 24.05.1997 submitted a representation to the Secretary of the Ministry delineating the significance of the post of Deputy Project Director and also specifically stating that in addition to his duties, he had long been discharging the duties of the vacant ......discharging his duties with sincerity and honesty and also to the satisfaction of the concerned authority. Subsequently, in order to reduce the manpower of the project, the Planning Commission at its meeting held on 14.05.1997 decided to abolish the post of Deputy Project Director. The petitioner on..Category: Employment/Service Law | Date: | Hits: 119
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....... 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......te Division. 14. Let us now see whether the High Court Division was justified in noticing the facts and making the observations as jotted hereinbefore. In the writ petition, the petitioner categorically stated that the functions of the Bench Officers of the High Court Division being same and simi......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...Category: Employment/Service Law | Date: | Hits: 127
State Vs. Dafader Marfoth Ali Shah and another, 2011, 40 CLC (AD)
....ons Judge shall take necessary steps to take the accused-respondents into custody. The appellant is directed to file concise statement by 13th February, 2011. Ed. This Case is also Reported in:......¦â€¦â€¦â€¦â€¦Petitioner Vs. Dafader Marfoth Ali Shah and another………….Respondents Order January 11, 2011. Result: The Leave is granted. Lawyers Involved: Mahbubey Alam, Attorney General (Chief State) with Anisul Huq, Senior Advocate, with Murad Reza, Additional Attorney ......l gate on emergency basis. Upon arrival at the Jail gate Kazi Abdul Awal took his seat at the office of the IG (Prisons) and noticed there that the I.G. (Prisons) had been receiving various telephone calls. Sometimes thereafter Captain Moslem Uddin along with 4 other armed personnel had arrived at t......ons Judge shall take necessary steps to take the accused-respondents into custody. The appellant is directed to file concise statement by 13th February, 2011. Ed. This Case is also Reported in:..Category: Criminal Law | Date: | Hits: 191
....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...... how an Appeal filed under the section shall be disposed of by the Commissioner (Appeal). Section 196 of the Customs Act has spelt out that the Government shall constitute an Appellate Tribunal to be called the Customs, Excise and মূল্য সংযোজন কর Appellate Tribunal which sh...... 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. ..
Category: Fiscal/Taxation Law | Date: | Hits: 130
Azmal Khan Vs. Md. Afzal Khan and others, 2011, 40 CLC (AD)
....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......ame. We find no substance in the contention of Mr. Kamal-ul-Alam. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 17. ......ame. We find no substance in the contention of Mr. Kamal-ul-Alam. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 17. ..Category: Civil Law | Date: | Hits: 86
Ramjan Ali Mistry Vs. Md. Hedayelullah, 1978, 7 CLC (AD)
....td. Vs. Shri Ram Krishna Dalmia, AIR 1973 (SC) 425. In conclusion, we find no merit in this apÂpeal, which is dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 183.......ry……………………….Appellant Vs. Md. Hedayelullah………………………..Respondent Judgment February 27, 1978. Result: The appeal is disÂmissed. Cases Referred to- AK Fazlul Haq Vs. Nibaran Chandra Saha, (1967) 19 DLR 901; Mullah Mahbub Ali Vs. Jonab Ali, (......tice in writing to the tenant of his willingness to accept any subseÂquent rent which has become due in respect of such premises. There are other conditions as to the deposit of rent but they do not call our attention in the context of the preÂsent case and we refrain from dilating on them. 9. ......td. Vs. Shri Ram Krishna Dalmia, AIR 1973 (SC) 425. In conclusion, we find no merit in this apÂpeal, which is dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 183...Category: Property Law | Date: | Hits: 87
Zaminur Rahman & others Vs. Bangladesh & others, 1978, 7 CLC (AD)
....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......ition challenging the validity of notification as already mentioned. 2. The salient facts in the writ petition are that under section 33 of the Municipal Administration Ordinance, 1960 hereinafter called the Ordinance, Municipal Committee may levy a tax or Octroi on the import of goods and animal......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...Category: Fiscal/Taxation Law | Date: | Hits: 112
Mullick Brothers Vs. Income Tax Officer and another, 1978, 7 CLC (HCD)
....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......essment years beginning from the year 1960-61 in terms of Martial Law Regulation No.32 of 1969 known as Income Tax (Correction of Return and False Declaration) Regulation dated 15.4.1969 (hereinafter called the Regulation) on malicious report from the informer taking advantage of the Martial Law pre...... 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...Category: Fiscal/Taxation Law | Date: | Hits: 122
Sonali Bank Vs. Mozaffor Hossain, 1997, 26 CLC (HCD)
.... 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......llaneous Case under Order 9 rule 13 of the Code of Civil Procedure, the plaintiff approaching this Court in an application under section 115 of the Code of Civil Procedure whereupon a Rule was issued calling upon the opposite party to show cause as to why the judgment and order dated 23-3-1988 passe......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. ..Category: Procedural Law | Date: | Hits: 80
Harunar Rashid (Md.) Vs. Subordinate Judge, (Artha Rin Adalat) Bogra and others, 1997, 26 CLC (HCD)
....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......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.......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...Category: Civil Law | Date: | Hits: 71
Abdur Rahim Vs. Arifur Rahman and others, 1997, 26 CLC (HCD)
....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 ....................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 Fir......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
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