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....6615010629
12-7-2015
C 1159394
7-11-2015
Ed.
This Case is also Reported in: 68 DLR (HCD) (2016) 197
......ld be read therein even though there was no such specific requirement in the said provision…………(12)
Determination of Liability—
Though the Commissioner has power to issue an order for stoppage of export/import of a defaulter under section 202 of ......hellip;.Respondent
Judgment
January 27, 2016
Result:
The Rule is made absolute.
Principle of Natural Justice—
Since no punishment could be imposed without adhering to the principle of audi alteram partem, the principle of natural justice requiring the concerned au......nder sub-section (3) of section 13, it is now provided that the Commissioner of Customs (Bond), or any other Commissioner of Customs authorized by the Board, may suspend or cancel a bond license granted under sub-section (1). Therefore, unlike the previous provisions under section-13, there is ..
Category: Fiscal/Taxation Law | Date: 27 Jan, 2016 | Hits: 0
Tariqul Islam Vs. Bangladesh and Others, 2016, 45 CLC (HCD)
....3)/25D of the Special Powers Act, 1974 read with sections 4/6 of the Explosive Substances Act, 1908. Under Rule 6(1) (2) of the Bangladesh Passport Order, 1973, respondent No. 2 enjoys discretionary power to grant or to refuse passport to any person. According to Rule 5(2) of the afor...... the Special Powers Act, 1974 read with sections 4/6 of the Explosive Substances Act, 1908. Under Rule 6(1) (2) of the Bangladesh Passport Order, 1973, respondent No. 2 enjoys discretionary power to grant or to refuse passport to any person. According to Rule 5(2) of the aforesaid Order, 1......;……………………………Respondent Judgment January 14, 2016 Result: The Rule is made absolute. Case Referred to- Syed Mokbul Hossain Vs. Banglades, 44 DLR, 39AIR 1967 (SC) 1836; Schmidt Vs. Secretary of S......ial Powers Act, 1974 read with sections 4/6 of the Explosive Substances Act, 1908. Under Rule 6(1) (2) of the Bangladesh Passport Order, 1973, respondent No. 2 enjoys discretionary power to grant or to refuse passport to any person. According to Rule 5(2) of the aforesaid Order, 1973, resp..Category: Administrative Law | Date: 14 Jan, 2016 | Hits: 1
Ali Ahsan Muhammad Mujahid Vs. The Government of Bangladesh, 2015, 44 CLC (HCD)
....has been affirmed by the Appellate judgment. We do not find any illegality in our Appellate judgment. Hence, the review petition is dismissed. Ed. This case is also Reported in: ......t on the record will be legally wrong. The moot point is, a party to a litigation is not entitled to seek a review of judgment merely for the purpose of rehearing or a fresh decision of the case. The power can be extended in a case where something obvious has been overlooked-some important aspects o......e J Ali Ahsan Muhammad Mujahid…………………………Appellant Vs. The Government of Bangladesh represented by the Chief Prosecutor, International Crimes Tribunal, Dhaka, Bangladesh……………&hellip......must be borne in mind that, by assumption every judgment passed by a court is a considered and solemn decision on all points arising out of the case, and further that every reason compels towards the grant of finality in respect of such judgments delivered by a court which sits at the apex of the ju..Category: International Crimes Tribunal Law | Date: 18 Nov, 2015 | Hits: 111
Nurun Nabir Sarker Vs. Secretary, Ministry of Education and Others, 2015, 44 CLC (HCD)
....gh Court Division, within 30 (thirty) working days of receiving copies of this judgment and order. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 125 ......f Intermediate and Secondary Education. Dinajpur, to disposed of the said representation date 22-3-2015 within a reasonable time by giving direction upon the Managing Committee and that the board has power under Regulation No. 38(3) of the aforesaid Regulation of 2009. He further submits that, in th......oner Vs. Secretary, Ministry of Education and Others………..Respondent Judgment November 10, 2015 Result: The Rule is made absolute. Case Referred to- Bangladesh Live Stock Research Institute Vs. Dr. Md. Jahangir Alam Khan, 2012 (XX) BLT (AD)......gh Court Division, within 30 (thirty) working days of receiving copies of this judgment and order. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 125 ..Category: Administrative Law, Employment/Service Law | Date: 10 Nov, 2015 | Hits: 0
City Vegetable Oil Mills Ltd Vs. Commissioner, Customs, Excise & Vat and Others, 2015, 44 CLC (HCD)
....hout any prejudice to the petitioners to take recourse to relevant provisions of law. Communicate this. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 114 ......only in one situation under section 56, namely in the process of realization of demand under section 56 in view of Clause (Ka) of sub-section (1) of section 56. In exercising such power under section 56, the concerned officer must proceed after exhausting the demand procedur...... J City Vegetable Oil Mills Ltd………………………………………..Petitioner Vs. Commissioner, Customs, Excise & Vat and Others………..Respondent Judgment August 30, ......hout any prejudice to the petitioners to take recourse to relevant provisions of law. Communicate this. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 114 ..Category: Fiscal/Taxation Law | Date: 30 Aug, 2015 | Hits: 5
Turfatur Ain Chowdhury Vs. Artha Rin Adalat Dhaka and Others, 2015, 44 CLC (HCD)
....মিত করা হইয়াছে বলিয়া গণ্য হইবে না।” 27. From a bare reading of the above position, it appears that it bestows the Artha Rin Adalat a discretionary power enabling it to pass necessary order for effective adjudication of a suit pending......ose presence before the Court may be necessary in order to enable the Court effectually and completely adjudicate upon and settle all the questions involved in the suit, be added. The Court is empowered to add the name of anyone in the plaint or remove anyone's name form the plaint at any s...... Constitution of Bangladesh, 1972; Article 102 Rule 10(2) The Court may at any stage of the proceedings, either upon or without any application of either party, and on such terms as may appear to the Court to be just, order that the name of any party improperly joined, whether as plaintiff or....... Office is directed to send a copy of this judgment to Artha Rin Adalat No.1, Dhaka (respondent No. 1) at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 81 ..Category: Constitutional Law, Procedural Law | Date: 25 Aug, 2015 | Hits: 4
Tufail K. Haider Vs. Extra Assistant Commissioner of Taxes and Others, 2015, 44 CLC (HCD)
....sed without lawful authority and are of no legal effect. Accordingly, and the same are struck down. Communicate this. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 105 ...... in this case has been misconceived by the tax authorities and, as such, the same has been regarded as capital gains without jurisdiction. Thus, this Court is of the view that, the entire exercise of powers by the customs authority, in so far as this 'signing money' or 'earnest money'...... been misconceived by the tax authorities and, as such, the same has been regarded as capital gains without jurisdiction. Thus, this Court is of the view that, the entire exercise of powers by the customs authority, in so far as this 'signing money' or 'earnest money' is concerned, e......sed without lawful authority and are of no legal effect. Accordingly, and the same are struck down. Communicate this. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 105 ..Category: Fiscal/Taxation Law | Date: 24 Aug, 2015 | Hits: 2
The State Vs. Mr. Swadesh Roy and another, 2015, 44 CLC (AD)
....sand) each to be contributed to two charitable organizations within one week from date, failing which, they shall suffer seven days simple imprisonment. Ed. This Case is also Reported in: ......t or any Judge or interferes with the administration of justice, or if any person makes comments calculated to undermine public confidence in the Judges and the justice delivery system, the Court has power to draw a contempt proceeding…….......(3) Excessive authority, without libe......ines the authority or lowers the dignity of the Court, or if any person scandalizes the Court or any Judge or interferes with the administration of justice, or if any person makes comments calculated to undermine public confidence in the Judges and the justice delivery system, the Court has power to......sand) each to be contributed to two charitable organizations within one week from date, failing which, they shall suffer seven days simple imprisonment. Ed. This Case is also Reported in: ..Category: Constitutional Law, Contempt of Court Law | Date: 13 Aug, 2015 | Hits: 97
.... This shows that these affidavits are unauthentic doc-uments, which have been created by the defence for oblique purposes and so, no reliance can be placed upon them.
101. The tribunal has given discretionary' power under rule 44 of the Rules to admit any evidence oral or documentary, ......mbly also, Awami League secured 289 seats out of 300 seats. During the relevant time the military bureaucracy and Pakistani politicians did not morally accept the election result and to handover power to Awami League, and with a view to thwarting the formation of the government by Awami League,......
Surendra Kumar Sinha CJ
Nazmun Ara Sultana J
Syed Mahmud Hossain J
Hasan Foez Siddique J
Salauddin Qader Chowdhury.........................Appellant
Vs.
Chief Prosecutor, International Crimes Tribunal, Dhaka, Bangladesh........Respondent
Judgment
July 29, ......onviction and sentences in respect of charge Nos. 2, 3, 4, 5, 6, 8, 17 and 18 are hereby maintained.
Ed.
This Case is also Reported in: 67 DLR (AD) (2015) 295
..
Category: International Crimes Tribunal Law | Date: 29 Jul, 2015 | Hits: 38
Shamsun Nahar Begum Shelly Vs. Bangladesh and Others, 2015, 44 CLC (HCD)
....e of this Rule is stand vacated. Communicate a copy of this Judgment and Order to the Court of Settlement concerned at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 30 ...... the present Petitioner at a consideration of Taka. 80,000 out of which he received Taka 40,000 as earnest money and delivered possession of the property. On the same day he executed and registered a power of attorney appointing the Petitioner authorizing her to act on his behalf and to deal with th......2 & 7 Abandoned Buildings (Supplementary Provision) Ordinance (LIV of 1985) Sections 2(b), 5(1) (b), 9 & 10 Abandoned Property The act of abandonment implies two fundamental factors: (i) Desertion of the property; and (ii) Giving up one's right to the property…......nts are hereby directed to exclude the same from the "Kha" list of the Abandoned Buildings within 60 (sixty) days from the date of receipt of this Judgment and Order. The order of stay granted at the time of issuance of this Rule is stand vacated. Communicate a copy of this Judgm..Category: Abandoned Properties Law | Date: 8 Jul, 2015 | Hits: 5
Torab Ali and Others Vs. Madris Ali Saha and Others, 2015, 44 CLC (HCD)
....y granted earlier by this court is hereby recalled and vacated. Send down the Lower Court's Records at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 44 ......y granted earlier by this court is hereby recalled and vacated. Send down the Lower Court's Records at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 44 ......of rule 1 of order XVII is applicable. In the instant case it appears that without prevailing the aforesaid procedure the trial court decreed the suit ex-parte. In such a case no scope to file application under sub-rule 7 of rule 1 of order XVII and the defendants Tightly fi......vision No. 4994 of 2005 Judgment S.M. Emdadul Huque J.— On an application of the petitioner Torab Ali and another under section 115(4) of the Code of Civil Procedure without granting leave this court issued Rule calling upon the opposite party Nos.1 and 2 to show cause as t..Category: Civil Law, Procedural Law | Date: 29 Jun, 2015 | Hits: 1
....n that he should refrain from doing any illegal activities by abusing his official power.
No order as to cost.
Ed.
This Case is also Reported in: 68 DLR (HCD) (2016) 173.
......d against which appeal No. 5211 of 2001 under Rule 31 of the East Bengal Tenancy Rules, 1955 was preferred before the respondent No. 5 who transferred the appeal to the Assistant Settlement Officer empowered with the power of Revenue Officer and Assistant Settlement Officer, Begumganj Thana who disp......
Government of the People's Republic of Bangladesh and Others………..Respondent
Judgment
June 28, 2015
Result:
The Rule is made absolute.
Case Referred to-
Zahirul Islam Vs. Government of Bangladesh, 65 DLR 168; 44 DLR (AD) 260
Lawyers Involv......n that he should refrain from doing any illegal activities by abusing his official power.
No order as to cost.
Ed.
This Case is also Reported in: 68 DLR (HCD) (2016) 173.
..
Category: Constitutional Law, Property Law | Date: 28 Jun, 2015 | Hits: 1
....cept the apology made on behalf of the then Dhaka Board, Chairman and exempt her from imposing any fine.
Ed.
This Case is also Reported in: 15 BLC (HCD) (2010) 349
...... learned advocate did not veil his utter surprise, how a responsible Officer, Chairman of the Education Board (now retired), could have violated the regulation No. 5(3), clearly articulating the power and procedure for appointment of President of the Governing Body of the said school and col&sh......hority. Hence, this is a fit case where she (the then Chairman of Dhaka Board) should be fined with exemplary amount, so that no one, by using his or her position makes such order which is bound to erode the Rule of law, so nakedly. &nb......cept the apology made on behalf of the then Dhaka Board, Chairman and exempt her from imposing any fine.
Ed.
This Case is also Reported in: 15 BLC (HCD) (2010) 349
..
Category: Administrative Law | Date: 26 May, 2015 | Hits: 1
Mahmudul Islam Vs. Anti-Corruption Commi¬ssion and others, 2015, 44 CLC (HCD)
.... copy of this judgment be forwarded to the Chairman, Anti-Corruption Commission forthwith. Communicate at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 361 ......rine, however, cannot be pressed into aid to compel the government or the public authority to carry out a representation or premise which is contrary to law or which was outside the authority or power of the officer of the government or of the public authority to make. 14. That being ......ip;…...Petitioner Vs. Anti-Corruption Commission and others............Respondents Judgment May 18, 2015. Result: The Rule is disposed of. Case Referred to- AA Engineering Ltd. Vs. Khulna University, 66 DLR (AD) 19. Lawyers Involved: Mahm...... copy of this judgment be forwarded to the Chairman, Anti-Corruption Commission forthwith. Communicate at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 361 ..Category: Anti-Corruption Laws, Fiscal/Taxation Law | Date: 18 May, 2015 | Hits: 2
.... prisoner has not been treated in accordance with law because to safeguard his right guaranteed under the Constitution to be treated in accordance with law by the court, the court cannot exercise its discretionary power other than the one imposed by the legislature. He further submits that the Execu......not been treated in accordance with law because to safeguard his right guaranteed under the Constitution to be treated in accordance with law by the court, the court cannot exercise its discretionary power other than the one imposed by the legislature. He further submits that the Executive, the Judi...... 1(SCC)(1976)560; Jagmohan Singh Vs. State of UP, 1(SCC)(1973)20; Maneka Gandhi Vs. Union of India, AIR 1978(SC) 597; Bachan Singh Vs. State of Panjab 2(SCC)(1980)684; James Tyone Woodson and Luby Waxton Vs. State of North Carolina, 428 US 280; Trop Vs. Dulles, 356 US; Ong Aha Chuan Vs. Public Prose...... legislature and that this certainly discriminates and prejudices the court’s ability to adjudicate properly taking into account all facts and circumstances of the case. The High Court Division granted a certificate under Article 103(2) (a) of the Constitution without, however, formulating any..
Category: Criminal Law, Women and Children | Date: 5 May, 2015 | Hits: 83
.... prisoner has not been treated in accordance with law because to safeguard his right guaranteed under the Constitution to be treated in accordance with law by the Court, the Court cannot exercise its discretionary power other than the one imposed by the legislature. He further submits that the Execu......not been treated in accordance with law because to safeguard his right guaranteed under the Constitution to be treated in accordance with law by the Court, the Court cannot exercise its discretionary power other than the one imposed by the legislature. He further submits that the Executive, the Judi......d heard in accordance with the provisions of the Ain of 1995, but the sentences prescribed in respect of similar nature of offences in the Ain of 2000 shall be applicable.
There shall be no mandatory sentence of death in respect of an offence of murder committed by an offender who is under a se...... legislature and that this certainly discriminates and prejudices the Court’s ability to adjudicate properly taking into account all facts and circumstances of the case. The High Court Division granted a certificate under Article 103(2) (a) of the Constitution without, however, formulating any..
Category: Criminal Law, Women and Children | Date: 5 May, 2015 | Hits: 86
Hossain Ali and Others Vs. Government of Bangladesh and Others, 2015, 44 CLC (HCD)
....est possible amount of time preferably within 3(three) months from the date of receipt of the judgment of this court. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 37 ......te appearing on behalf of the petitioners upon placing the relevant provisions of the rules incorporated under Chapter VII of the Rules, 1955 submits that the Appellate Officer has not been given any power whatsoever to rehear the appeal cases under rule 31 of the Rules, 1955 which had earlier been ...... Government of Bangladesh and Others…………….............Respondent Judgment April 30, 2015 Result: The Rule is discharged. Case Referred to- Bhawal Raj Court of Wards Estate represented by its Manager Vs. Rashida Begum, 15 BLC (AD) ......after giving the parties concerned a hearing and recording his finding in a formal proceeding for the purpose of future reference. 17. On a perusal of both the provisions it appears that rule 42 grants special power to the Revenue Officer to cancel any portion of the proceedings referred to in ..Category: Property Law, Tenancy Law | Date: 30 Apr, 2015 | Hits: 4
Rukunuddin Mollah (Md.) and others Vs. Artha Rin Adalat 2nd Court and others, 2015, 44 CLC (HCD)
....e Rule is hereby recalled and stand vacated. Communicate a copy of this Judgment and Order to the Court concerned at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 287. ......urchaser submits that after long lapse of time the Petitioners came before this Court challenging the said sale which has already been taken effect to. He also submits that the Executing Court empowered in law to correct any error or omission under sections 151 and 153 of the Code and sect......ailable against such auction sale but the mortgagor any proceed against the mortgagee bank for compensation if it is proved that there was illegality in the auction sale...... (24) Case Referred to- Bhavan Vaja Vs. Solauki Hanuji Khodaji Mansong, AIR (1972) SC 1371; Hemanta Kumar Ghosh Vs....... is made under rules 89, 90 or 91 and where such application is made and disallowed, the court shall make an order confirming the sale and thereupon the sale shall become absolute and the court shall grant a certificate specifying the property sold and the name of the person who at the time of sale ..Category: Banking Law, Others | Date: 27 Apr, 2015 | Hits: 10
....upon the holding of such AGM.
The cost of this Application shall be borne out of the funds of the Company.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 326
......upon the holding of such AGM.
The cost of this Application shall be borne out of the funds of the Company.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 326
......this Application shall be borne out of the funds of the Company.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 326
......eemed ready for holding the same upon a fully authorized completion of the IPO.
4. This Application notably attests to the fairly demanding and extensive process of the IPO. Approval for the IPO granted by the premier regulatory body, i.e. the Bangladesh Securities and Exchange Commission ..
Category: Company Law | Date: 15 Apr, 2015 | Hits: 7
Lutfor Rahman Mollah (Md.) and another Vs. M Safiul-Alam, 2015, 44 CLC (HCD)
....ourt stands vacated. Let a copy of this judgment be communicated to the Courts concerned at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 317. ......ourt stands vacated. Let a copy of this judgment be communicated to the Courts concerned at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 317. ...... Result: The Rule is discharged. In deciding the question of rejection of a plaint— Court while deciding application about rejection of plaint is not permitted in law to travel beyond the averments made in the plaint although if any certain fact is brought to the not...... made in the foregoing paragraphs it is by now clear that the instant rule must fail. 22. In the result, the Rule is discharged with-out any order as to cost. The order of status-quo granted earlier by this Court stands vacated. Let a copy of this judgment be communicated to th..Category: Civil Law, Procedural Law | Date: 13 Apr, 2015 | Hits: 10
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