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National Board of Revenue Vs. Abu Saeed Khan and others, 2012, 41 CLC (AD)
....victims. The appeals are, therefore, allowed without any order as to costs with the above observations. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 116. ......e observations. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 116. ......e is increased, the supplementary duty on mobile phone connections would also increase. In its concise statement the NBR had asserted that the writ petitioner had failed to produce any documentary evidence to show that he was personally aggrieved by the issuance of the impugned order and that he..Category: Fiscal/Taxation Law | Date: 1 Aug, 2012 | Hits: 27
Monindra Nath Biswas Vs. Kantaram Mondal and others, 2012, 41 CLC (HCD)
....seeking recovery of khas possession; in support of his contention he relied upon the case law of Md. Yunus Vs.Yousuf, reported in 21 DLR 466; vi) the evidence of P.W.3, the seller of the land is inadmissible under section 92 of the Evidence Act; vii) the contents of the deed cannot b......o Reported in: 18 BLC (HCD) (2013) 308. ......never any new fact is incorporated and a new case is made out and in that case it is essential for the ends of justice to allow the defendant to submit additional written statement and to adduce more evidence........ (34) Cases Referred to- Government of Bangladesh Vs. Sheikh Hasina, 60 DL..Category: Property Law, Procedural Law | Date: 31 Jul, 2012 | Hits: 5
Md. Shahabuddin Vs. State, 2012, 41 CLC (AD)
....R. No.1147 of 2001) be enlarged on bail to the satisfaction of the Additional Sessions Judge, Lakshmipur, till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 886. ......tisfaction of the Additional Sessions Judge, Lakshmipur, till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 886. ......he accused persons who faced the trial were examined under section 342 of the Code of Criminal Procedure. The defence case was a plea of innocence. 5. The trial court, on consideration of evidence adduced by the prosecution found this accused-petitioner Md. Shahabuddin only guilty under ..Category: Criminal Law | Date: 29 Jul, 2012 | Hits: 102
State Vs. Md. Aman Ullah Aman, 2012, 41 CLC (AD)
....ll follow the settled statement of law. The impugned order is set-aside. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 81. ......mpugned order is set-aside. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 81. ......used to be produced before a Magistrate is to enable him to see that remand is necessary and also to enable the accused to make any representation he may wish to make. The Magistrate is guided by the evidence already available and the prospect of getting further evidence as regards the offence alleg..Category: Procedural Law | Date: 26 Jul, 2012 | Hits: 32
Md. Arfan Ullah alias Arfan and others Vs. The State, 2012, 41 CLC (HCD)
.... the rule and extended from time to time is hereby vacated. Communicate a copy of this judgment to the Court concerned expeditiously. This Case is also Reported in: 21 BLT (HCD) (2013) 28 ......vacated. Communicate a copy of this judgment to the Court concerned expeditiously. This Case is also Reported in: 21 BLT (HCD) (2013) 28 ......ie case of criminal offence has been clearly made out, the High Court Division in a proceeding under Section 561A Cr. PC has little scope to scrutinize the truth or otherwise of any document or other evidence, which may be used as a defence in a criminal proceeding. In support of his submission, the..Category: Criminal Law, Procedural Law | Date: 25 Jul, 2012 | Hits: 1
Ishaque Ali (Md.) Vs. State, 2012, 41 CLC (HCD)
....r, Meherpur and District and Sessions Judge, Meherpur. Send down the LC Record at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 453 ......ur. Send down the LC Record at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 453 ......sp; against the accused-appellant under section 302 of the Penal Code. 10. At the time of trial, the prosecution examined nine witnesses and withheld 11 witnesses. 11. After recording evidence, the trial Court examined the appellant under section 342 of the Code of Criminal Procedure..Category: Criminal Law | Date: 25 Jul, 2012 | Hits: 9
Jamat Ali Vs. State, 2012, 41 CLC (AD)
.... Jamat Ali is commuted to imprisonment for life. Let the copy of this judgment be sent down to the trial court concerned at once. Ed. This Case is also Reported in: 9 ADC (2012) 889. ...... Let the copy of this judgment be sent down to the trial court concerned at once. Ed. This Case is also Reported in: 9 ADC (2012) 889. ...... held trial against the charge sheeted 10 (ten) accused persons after framing formal charge against them under sections 302/201/109/34 of the Penal Code. The trial court, on consideration of the evidence adduced by the prosecution including the judicial confessional statement of the accuse..Category: Criminal Law | Date: 23 Jul, 2012 | Hits: 70
Nalu Vs. State, 2012, 41 CLC (AD)
....e sentence of the death to one of imprisonment for life. Accordingly, Jail Petition No.09 of 2010 is dismissed with the modification of sentence. Ed. This Case is also Reported in: ......r life. Accordingly, Jail Petition No.09 of 2010 is dismissed with the modification of sentence. Ed. This Case is also Reported in: ......rial, the prosecution examined six witnesses in all to substantiate its case. Both the accused were examined under section 342 of the Code of Criminal Procedure who again claimed innocence but led no evidence. 7. The defence case is that the accused were in no way involved in the commission of..Category: Criminal Law | Date: 22 Jul, 2012 | Hits: 111
Aysha Siddiqua Vs. Fazilatunnesa and other, 2012, 41 CLC (AD)
....e concurrent findings of all the three courts below. So, we find no merit in this leave petition and hence it is dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 117. ......ave petition and hence it is dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 117. ......t the High Court Division as well as the courts below have committed serious error of law and also injustice in decreeing the suit without considering the legal aspects and without assessing the evidence on record properly; the learned advocate has argued to the effect also that if the impugned..Category: Others | Date: 15 Jul, 2012 | Hits: 6
Abdur Rashid Akanda Vs. Md. Raisuddin and others, 2012, 41 CLC (HCD)
.... revisional application in appropriate motion bench immediately. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 81 & 21 BLT (HCD) (2013) 1 ......Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 81 & 21 BLT (HCD) (2013) 1 ...... 12, 2012. Result: The rule is made absolute. It is a settled principle of law that question of limitation is a mixed question of facts and law and needs to be settled only upon taking evidence and further in terms of the decisions of the superior courts, a litigant should not suffer ..Category: Limitation Law | Date: 12 Jul, 2012 | Hits: 18
Safi Uddin Vs. District Judge, Dhaka & others, 2012, 41 CLC (AD)
.... the impugned judgment and order calling for interference by this Division. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 183. ......ly, this petition is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 183. ...... Court, Dhaka who by his judgment and decree dated 24.05.2003 allowed the appeal and set aside the judgment and decree passed by the trial Court and remanded the suit for re-hearing on taking further evidence on the said travelers cheques. The trial Court accordingly, proceeded with the suit as per ..Category: Civil Law | Date: 8 Jul, 2012 | Hits: 108
Ancient Traders Limited and others Vs. Chittagong Port Atuthority, 2012, 41 CLC (HCD)
....and hence, have legal effect. In the result, the Rule is discharged. There will be no order as to costs. Abdur Rob J. - I agree. Ed. This Case is also Reported in: ......scharged. There will be no order as to costs. Abdur Rob J. - I agree. Ed. This Case is also Reported in: ......ditions and regulations as the Authority may from time to time decide. (1) Application for Stevedoring Licence shall be submitted to the Licencing Authority along with:- (i) evidence that the staff proposed to be employed by the applicants is sufficient in number and is fu..Category: Others | Date: 21 Jun, 2012 | Hits: 20
Aslam @ Billal & another Vs. State, 2012, 41 CLC (HCD)
.... brother Rezaul Hasan J, that this is not a case of ad interim bail. Accordingly, I reject the prayer for ad interim bail. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 130. ...... ad interim bail. Accordingly, I reject the prayer for ad interim bail. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 130. ......ntive Evidence) ইহা প্রতিষ্ঠিত যে, সহযোগী আসামীর স্বীকারোক্তি সারবান সাক্ষ্য (substantive evidence) নয়। সারবান সাক্ষ্য ব্যতিত শুধুমা..Category: Criminal Law, Evidence Law | Date: 20 Jun, 2012 | Hits: 10
....al is allowed and the impugned judgment is set aside. The disputed deed being No.4196 dated 30.11.1998 is declared void. There is no order as to costs.
Ed.
This Case is also Reported in:
......ted 30.11.1998 is declared void. There is no order as to costs.
Ed.
This Case is also Reported in:
......erefore the legality of the enlistment of the case property in the ‘kha’ list as abandoned property has been proved and as such cannot be challenged.
IV. The successive transfers as evidenced by Annexure D, E (1) and G (to the writ petition) were the acts of collusion and fraud on ..
Category: Property Law | Date: 20 Jun, 2012 | Hits: 94
Dr. Tapan Kumar Dey Vs. State, 2012, 41 CLC (AD)
....controversial matters.” In view of the above, we find no merits in the leave petition. Accordingly the same is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 1. ...... find no merits in the leave petition. Accordingly the same is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 1. ......ed by sufficient reasons from submitting wealth statement within the specified time, we essentially defence pleas and controversial facts which are to be decided by the trial Court on the basis of evidence to be adduced by the parties and there is no scope in the present forum to decide those co..Category: Anti-Corruption Laws | Date: 14 Jun, 2012 | Hits: 10
AK Azad and another Vs. Mostafizur Rahman and others, 2012, 41 CLC (AD)
.... of plaint has become infructuous as the appeal is allowed. Therefore, the civil petition is dismissed as being infructuous. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 78. ......on is dismissed as being infructuous. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 78. ......is discharged. An appeal is the continuation of the suit and the appellate Court has similar power like that of the trial Court and the appellate Court in appropriate cases can obtain additional evidence including taking opinion of the handwriting expert to come to a correct decision. Such init..Category: Property Law | Date: 13 Jun, 2012 | Hits: 27
Abul Kashem Vs. Major General Mahmudul Hasan (Rtd.) and others, 2012, 41 CLC (AD)
.... Civil Procedure. In the light of the above, no interference is called for. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 160. ......Read the Judgment on Civil Petition for Leave to Appeal here. Read the Judgment on Civil Appeal here. Supreme Court Appellate Division (Civil) Present Md. Muzammel Hossain CJ Surendra Kumar Sinha J Nazmun Ara Sultana J Syed Mahmud Hossain J Md Imman......ged main bill and specify the month for which the bill was outstanding. No dues were outstanding against main bills of telephone and the claim regarding main bill had not been supported and proved by evidence. The Appellate Division has failed to consider the error of law committed by the High Court..Category: Election Law | Date: 5 Jun, 2012 | Hits: 217
Md. Mofizur Rahman Vs. State, 2012, 41 CLC (AD)
....n have discharged the rule on assigning proper reasons. We find no merit in this petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 717. ......reasons. We find no merit in this petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 717. ......te took cognizance of the offence on being satisfied that the complaint was made after compliance of formalities and that the petitioner raised disputed question of facts which can only be decided on evidence. Learned counsel appearing for the petitioner raised similar points before this Division...Category: Procedural Law | Date: 4 Jun, 2012 | Hits: 40
Grameen Telecom Vs. Commissioner of Taxes, 2012, 41 CLC (HCD)
....istrar, Supreme Court of Bangladesh is directed to take step under section 161(2) of the Income Tax Ordinance, 1984. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 241 ......under section 161(2) of the Income Tax Ordinance, 1984. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 241 ......ts that Grameen Kalyan in its return had disclosed that it allowed bridge loan of Taka 11 crore to the assessee and it was accepted by the authorities. He further submits that without any documentary evidence showing actual payment of loan of Taka 3 crore more as bridge loan the DCT, the Commissione..Category: Fiscal/Taxation Law | Date: 3 Jun, 2012 | Hits: 4
Mehedi Hasan @ Modern (Md.) and others Vs. State, 2012, 41 CLC (AD)
....000 each in default to suffer rigorous imprisonment for 3(three) months more. The Jail Petition is disposed of accordingly. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 111. ......nt for 3(three) months more. The Jail Petition is disposed of accordingly. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 111. ......he well and Kuldip Singh died on the spot. The Sessions Judge found Joginder Singh and Balwinder Singh guilty for the murder of Rupinder Singh. The Supreme Court was of the view that there is no evidence that these two accused drove Rupinder Singh to jump into the well without the option o..Category: Criminal Law, Women and Children | Date: 3 Jun, 2012 | Hits: 30
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