(From previous issue) :The learned Advocate further submits that since the registered deed dated 10-3-2004 as well as late Jamaluddin Khan’s letter dated 20-12-2015 appointing the petitioner’ Mutawalli before’ his death has not been claimed to be forged or illegal and therefore the appointment of the petitioner is in accordance with the wishes of the waqif and the original waqf deed and the same cannot be questioned and therefore the impugned order of the respondent No.3 Deputy Administrator of Waqf...
High Court Division :(Special Original Jurisdiction) Zinat Ara JKazi Md Ejarul HaqueAkondo JGopal Biri Factory Limited ……………Petitioner vsCommissioner Customs, Excise & VAT Khulna and others ………… RespondentsJudgmentMarch 6th, 2017Value Added Tax Act (XXII of 1991) Sections 37 and 55 For unpaid or less paid VAT, notice has to be issued within five years mentioning the amount of VAT demanded in the notice for show cause. The notice ought to have been issued under Section 55 of the Act demanding unpaid...
High Court Division :(Special Original Jurisdiction)Tariq ul Hakim J Md Faruque (M Faruque) JJudgment December 14th, 2016Abdullah Md Ehtesham (Md) ……………Petitioner vs Secretary, Ministry of Religious Affairs, People’s Republic of Bangladesh and others ….. …………… RespondentsWaqf Ordinance (1 of 1962) Sections 32(1) and 44 If the waqf estate is not managed and administered in accordance with the wishes of the waqif and the original waqf deeds under section 32(1) of the Ordinance, the beneficiaries can always lodge complaint to the...
(From previous issue) :21. It is clear that the Government respondent always treated the land as “Kha” Schedule land but when the Act No. 23 of 2011 came into force the authority changed its mind and without assigning any reason changed the Schedule of the land in question whimsically. We do not find any reason whatsoever to change the property from “Kha” Schedule to “Ka” Schedule. It is clear from the relevant laws that the legislature by its wisdom has...
High Court Division :(Special Original Jurisdiction) Md Rezaul Haque JMd Khurshid Alam Sarkar JSrijan Paul Chowdhury ……PetititionervsGovernment of the People’s Republic of Bangladesh, represented by it Secretary, Ministry of Land and others. ………RespondentsJudgmentJune 8th, 2016 Constitution of Bangladesh, 1972 Article 102(2) Natural justice includes impartiality and fairness. The authority has changed the gazette notification in the name of correction notification of the “Kha” schedule land into “Ka” schedule land in an arbitrary manner which is beyond jurisdiction and violative to...
High Court Division :(Criminal Miscellaneous Jurisdiction) M Enayetur Rahim J Shahidul Karim JArshad Hossen (Md) and another…………. ……………… ………Petitioners vs State and another ………… ……… Opposite Parties Judgment March 23rd 2017Money Laundering Protirodh Ain (VIII of 2009) Sections 14 and 21 The Court has got the ample authority to appoint a receiver or manager before or after publishing the official gazette or in the news paper regarding the details of property attached, confiscated or freezed. Section 21 of the Ain...
Appellate Division (Criminal) :Nazmun Ara Sultana JSyed Mahmud Hossain JMd Imman Ali JMd Anwarul Haque JIslami Bank Bangladesh Ltd.……PetitionervsFerdous Khan @ Alamgir and another…….RespondentsJudgmentFebruary 9th, 2014Negotiable Instruments Act (XXVI of 1881) Sections 138 and 140 The liability under Section 138 can be termed as a strict liability offence. Pursuant to Section 140, the person, who issued the cheque, whether on his own behalf or on behalf of a company of which he is in charge or for which he is...
High Court Division :(Civil Revisional Jurisdiction) SM Emdadul Huque J Torab Ali and another Defendant-Respondent …………… Petitioners vsMadris Ali Saha and others………. Opposite PartiesCode of Civil Procedure (V of 1908) Order IX, rule 13 Order XVII, rule 1(3)(4)(7) Judgment June 29th, 2015.If any case decreed ex-parte on failure of the parties for non complaince of the procedure of sub-rules 3 or 4 of rule 1 of Order XVII only then the question of setting aside the exparte decree under sub-rule...
High Court Division :(Criminal Miscellaneous Jurisdiction)Md Habibul Gani JMd Akram HossainChowdhury JMaloy ………… ……….Accused-Petitioner vs Md Sekander Chockder @ Md Shahadat Hossain and another ……………. ……………………. Opposite-Parties Judgment June 7th, 2017 Negotiable Instruments Act (XXVI of 1881) Section 138 The complainant clearly asserted that he served the legal notice upon the accused petitioner under section 138 of the Act asking him to pay the cheques amount within 7 days. But the section 138(1)(b) of the Act, does not mandate the...
High Court Division :(Criminal Appellate Jurisdiction) M Enayetur Rahim JJBM Hassan JMilad Hossain @ Milad Uddin (Md) ……. Accused-Appellant vsState……..RespondentJudgmentDecember 5th, 2016Nari-o-Shishu Nirjatan Doman Ain (VIII of 2000) Sections 20(3) and 31Ka(3) Section 31 Ka(3) of the Act, 2000 incorporates that on consideration of such reports the appropriate authority (h_vh_ KZ…©cÿ) shall take action against the responsible person(s) who failed to conclude the trial within the stipulated period. Although, in the Act, 2000, the appropriate authority (h_vh_ KZ…©cÿ) has not...
High Court Division :(Special Original Jurisdiction) Naima Haider J Abu Taher Md Saifur Rahman JSalma Begum ……Petitioner vs Government of Bangladesh, represented by the Secretary by the Secretariat, Dhaka and others …. RespondentsConstitution of Bangladesh, 1972 Article 102(2) An order to be a valid suspension order, the same must contain the period for which the incumbent shall remain suspended and such suspension order can only be issued when a disciplinary proceeding is pending. The suspension order of the petitioner neither...
Md. Shamsul Arefin Arif :Two types of supremacy are found in the constitutional systems in different countries of the world. One is Parliamentary Supremacy and another is Constitutional Supremacy. The term Parliamentary Supremacy means that Parliament is Supreme over the Constitution. It is also called Legislative Supremacy because the Legislature is not a body created by the Constitution; neither the power of the Legislature is limited by the Constitution; the Legislature exercises an unlimited and Supreme power in law-making process....
