Supreme Court Online Bulletin (SCOB)
Full List | Back
High Court Division
Judgment Published in SCOB
Search by Case Number :
Search by Key Word(s) :
Serial No. Issue Year Name of the Parties/Case No and Citation Key Word(s) Short Ratio
1. 1 2015 Income Tax Reference Application No. 159 of 2011Rule No. 53(Ref.) of 2011With
Income Tax Reference Application No. 160 of 2011
Rule No. 54(Ref.) of 2011
Income Tax Reference Application No. 161 of 2011
Rule No. 55(Ref.) of 2011
Income Tax Reference Application No. 162 of 2011
Rule No. 56(Ref.) of 2011
Commercial purpose
Fiscal law
Notification exempting or reducing income tax
The income of the assessee-university/the assessee-college ought to have been treated as tax exempted under SRO No. 178 for the assessment years 2002-2003, 2004-2005, 2005-2006, 2006-2007 and 2007-2008 by the Taxes Authority and the Tribunal.
2. 1 2015 Writ Petition No. 11442 of 2014 Section 216 (1)(Chha) of the Bangladesh Labour Act 2006
We fail to understand how the learned Chairman of the Labour Appellate Tribunal, Dhaka could entertain the appeal of respondent no. 3 in the very first place when, admittedly, there was no judicial order under challenge. In our view, the appeal before the Labour Appellate Tribunal itself was absolutely misconceived and therefore not maintainable at all.
3. 1 2015 Writ Petition No. 11959 of 2013 Writ of Certiorari
Disciplinary proceedings
the appellate authority can hear any appeal preferred against any order by an aggrieved employee and the appeal need not be confined to matters arising out of disciplinary proceedings only
4. 1 2015 Contempt Petition No.264/2010.
(Arising out of Writ Petition No.7694/2010)
Contempt of Court
Court of record
The impugned comment constituted the offence, because; (1) by this comment the contemnor purported to usurp the function of this Division, (2) the comment has the potential of influencing the minds of the people at large as well of the judges, whether or not it actually generated that effect, (3) the comment amounted to prejudging the cause which was awaiting adjudication, (4) the comment was vibrant enough to lead the public as well as the judges concerned to reckon that by issuing the Rule and passing th
5. 1 2015 Death Reference No.36 of 2010 Single witness
Relationship of the witness with the victim
The case of prosecution does not depend on the number of witnesses produced but it can depend upon a single witness whose evidence (testimony) is trustworthy, credible and unimpeachable. Therefore, obviously we can easily draw such inference in this matter that the case of the prosecution can stand very much on a single evidence if it is tangible and credible.
6. 1 2015 Criminal Revision No. 906 of 2010 with
Criminal Revision No. 907 of 2010 with
Criminal Revision No. 908 of 2010 and
Criminal Revision No. 909 of 2010
Corroboration of evidence
Presumption against prosecution
Sub-section (1) of section 138 has not made any qualification of the cheque so returned unpaid either post dated given as a security for repayment of the money as alleged by the accused or any other cheque issued by the drawer from encashment currently. The legislature has not made any difference between a post dated cheque issued as security and a cheque issued for encashment currently. I do not see any scope of making any such difference.
7. 1 2015 Criminal Appeal No. 4103 of 2012 Motive
Culpable homicide
In the absence of any motive, conspiracy, pre-plan or pre-meditation on the part of accused-appellant Muslim while inflicting injuries resulting the death of the victim 7 days after the occurrence, we find that the accused-appellant Muslim had no intention to commit murder but he committed the offence of culpable homicide not amounting to murder.
8. 1 2015 Criminal Appeal No. 6691 of 2011
Criminal Appeal No. 6692 of 2011
Instrument drawn for consideration
Holder in due course
Rebuttable presumption
Whenever any accused leads the evidence to rebut such presumption the burden again shifts to the complainant who is the holder in due course of the chque to proof by the legal evidence that the cheque was drawn in his favour for consideration.
9. 1 2015 Writ Petition No. 6220 of 2007 Locus Standi
We find that that the petitioner Samity does not have any locus-standi to move the writ petition to ventilate the causes of its aggrieved members since it is not a public purpose, rather the purpose for the benefits of individual members of the samity who have individually bought the land and thereafter formed the samity, and as such, we do not find the instant Rule maintainable.
10. 1 2015 WRIT PETITION NO. 5210 of 2013 Stopping payment by Bank
Re-imbursement in respect of the accepted bills
A bank under the law and banking practice, in particular in accordance with the relevant provisions of UCP-600, is bound to make payment or re-imbursement in respect of the accepted bills once they are accepted by the issuing banks, and in view of the said provisions of the UCP-600, namely Article-16, once such acceptance is given, the matter is closed and the concerned banks are precluded from raising any issue thereafter.
11. 1 2015 Criminal Revision No.329 of 2006
Criminal Revision No.334 of 2006
Criminal Revision No.335of 2006With
Criminal Revision No.336 of 2006
Criminal Revision No.337 of 2006
Public servant
Sanction from the Government to prosecute
A Member of Parliament is not a `public servant` within the meaning of section 21 of the Penal Code or section 2 of the Act II of 1947. We, therefore, accept the submission advanced by the learned Advocate for the petitioner only to the extent that in order to prosecute opposite party 2, no sanction from the Government was required.
12. 1 2015 Criminal Miscellaneous Case No.26782 of 2014 Prima-facie case
Seized articles
Incriminating article
On perusal of the FIR of the case, it appears that there is no specific allegation or overt act against the accused-petitioner therein which shows that no prima-facie case is revealed against the accused-petitioner. The column no.5 of the charge-sheet of the case in respect of any seized articles shows that said column is blank meaning thereby that no incriminating articles although the case is under sections 3/4 of the Explosive Substances Act, 1908.
13. 1 2015 Writ Petition No. 9204 of 2013
Writ Petition No. 9205 of 2013
Aggrieved person
Writ of certiorari
গ্যাস বিপনন নিয়মাবলী, 2004 has no compelling or binding effect upon the petitioners since admittedly the same is not law or has no force of law. Therefore, a nexus between the petitioners` grievance and Clause 5.7 of the গ্যাস বিপনন নিয়মাবলী, 2004 by itself cannot be established that the petitioner can seek remedy under Article 102 (2) (a) (ii) of the Constitution.
14. 1 2015 Writ Petition No. 5420 of 2014 Record-of-rights
Revenue Officers
Administrative functionaries
Mutation case
The moment the Revenue Officer would come to know, either through an enquiry conducted by him with the assistance of the Tahshilder or any other staff of his office, or through an application filed by a private party for mutation, that there are disputes regarding the produced papers and documents and there are contending claimants over any land and the matter is pending in the Court for disposal, the concerned Revenue Officer must not proceed further with regard to the said mutation case until the said civ
15. 1 2015 Writ Petition No. 6328 OF 2003 Property of the borrower
Third-party mortgagors
In the event of execution of a decree for realization of decretal amount the court shall proceed with the property of the borrower first and then the property of the third-party mortgagors.
16. 1 2015 Civil Revision No. 4430 of 2011 Consequential order
Penal interest
Bangladesh House Building Finance Corporation Loan Regulations, 1977 and 1996: Under both the repealed Regulations, 1977 and Regulations, 1996 the BHBFC is permitted to charge simple interest on all loans, not the penal interest.
17. 1 2015 Civil Revision No. 940 of 2013 Correction of Evidence
Inherent power of the Court
Alternative remedie
Discretionary power of a court as has been inserted in Section 151 of the Code of Civil Procedure, 1908 cannot be exercised where alternative remedies are available. After administering oath in the open court when the evidence of a witness is recorded by a trial court it cannot be discarded or changed or corrected in the form of modification except recalling the witness following the prescribed provision of law enunciated in the Evidence Act, 1872.
18. 1 2015 WRIT PETITION N0. 3843 of 2004 Chittagong Hill-Tracts Regulation
It is now established that all civil suits will be triable from 1st July, 2008 by the Joint District Judge of the respective 3(three) Hill-Tract Districts and the parties aggrieved thereto may prefer an appeal before the learned District Judge of the respective Hill-Tract Districts and as such, any person aggrieved by the judgment and decree passed by the learned District Judge may prefer civil revisional application before the High Court Division under section 115 of the Code of Civil Procedure 1908
19. 1 2015 Criminal Miscellaneous Case No.49814 OF 2014 Expiry of the statutory period
If the trial of a Druto Bichar Tribunal case is not concluded within the time stipulated in sub-section (1), (2) and (3) of section 10, it shall be sent back to the Court wherefrom the case was transferred.
20. 1 2015 WRIT PETITION NO. 13689 OF 2012 The principles of natural justice
Procedural fairness
Ultra vires
Legitimate expectation
From promise or from established practice, a duty to act fairly and thus to comply with natural justice may arise. Thus the concepts of `fairness` and `legitimate expectation` have expanded the applicability of natural justice beyond the sphere of right.
21. 1 2015 Writ Petition No. 2640 of 2011 Bill of Lading
Unpaid Seller`s Lien
In the present case petitioner submitted an ocean bill of lading issued by EXCALIVOR LOGISTICS who is a freight forwarder and agent. Therefore, as per Article 1(a) of schedule of the Carriage of Goods Sea Act, 1925, EXCALIVOR LOGISTICS is neither an owner nor a chatterer of the vessel and had no authority to issue any bill of lading. So, the bill of lading placed by the petitioner was not a bill of lading as per Article-1 (a) of schedule of `The carriage of goods by Sea Act, 1925.`
22. 1 2015 Criminal Miscellaneous Case No.17553 OF 2006 Juvenile Court
In dealing with the Juvenile Case it is bound to follow the provisions of law as laid down in sub-section 2 of section 7 of the Act, 1974 and Rule 4 of the Rules 1976, i.e., either it has to sit in a building or room different from that in which the ordinary sittings of the Court are held, or on different days or at different times from those at which the ordinary sittings of the Court are held. It means that at least the case should be tried at different times even on the same day than that of other cases of ordinary jurisdiction.
23. 1 2015 Criminal Miscellaneous Case No. 33311 of 2011 Forged document Produced in a Civil court
561A of CrPC
In a proceeding where a forged document has been used, the Court concerned should make the complaint. Since the alleged forged document has been filed in a Civil Court, it is for the concerned Civil Court to lodge any complaint before the Criminal Court if it finds any forgery relating to the said document.
This Site is Visited :