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Md. Isahaque Ali and others Vs. State, 2007, 36 CLC (HCD)
.... bail by this Division, are discharged from the respective bail bond. Send down the L.C.R at once. Md. Rezaul Haque J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 93. ......idence raise doubt as to the genuineness of the prosecution case and the accused appellants are entitled to get benefit of doubt not as a matter of grace but as of right. 66. In such a situation a question that arises for consideration is whether the presiding Judge should simply sit as a mere um......it is the legal duty of the Judge to play an active role in the proÂceeding in finding out the truth in order to administer justice assessing the evidence on record and on proper appreciation of the facts and circumstances of the case. ………………………….(66) In a criminal case the p..Category: Criminal Law | Date: | Hits: 84
....6 of 1980 is hereby set aside and the suit is dismissed.
Send down the lower Court records at once.
Md. Arayes Uddin J.- I agree.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 176.
......6 of 1980 is hereby set aside and the suit is dismissed.
Send down the lower Court records at once.
Md. Arayes Uddin J.- I agree.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 176.
......ordinate Judge (now Joint District Judge) 2nd Court, Chittagong in Money Suit No.6 of 1980, (re-numbered as Money Suit No.603 of 1984) decreeing the suit against the defendant appellants.
2. Short facts for disposal of the appeal are that the plaintiff is a Limited Company and carries on the busi..
Category: Admiralty Law or Maritime Law | Date: | Hits: 486
State Vs. Abdul Momin Sardar, 1998, 27 CLC (HCD)
....or securing arrest of the said convict and to put him to jail custody. Communicate the order to the Deputy Commissioner, Satkhira. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 588. ......or securing arrest of the said convict and to put him to jail custody. Communicate the order to the Deputy Commissioner, Satkhira. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 588. ......Sarder is on bail for little over two years and he is expected to have recovered in the meantime if he had undergone treatment by a specialist for which he was released on bail. 8. Considering the facts and circumstances of the case and the reasons stated above we are of the view that bail grante..Category: Criminal Law | Date: | Hits: 87
Mohin Uddin (Md.) Vs. State, 2008, 37 CLC (HCD)
.... and sentence is hereby upheld. Send down the original case records at once with the copy of the judgment for taking necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 35. ...... and sentence is hereby upheld. Send down the original case records at once with the copy of the judgment for taking necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 35. ...... out of fear of the accused or of their men or on being gained over or for various other reasons and depose falsely in favor of accused to save the offender from legal of punishment. Depending on the facts and circumstances each case, a judge certainly may disbelieve a witness of search and seizure ..Category: Criminal Law | Date: | Hits: 92
....05 (Annexure-C) is hereby declared to have been issued without lawful authority and, as such, of no legal effect. Communicate at once.
Ed.
This Case is also Reported in:61 DLR (HCD) (2009) 734.
......f VAT against the petitioner.
8. Secondly, he submitted that no writ would lie against such notice to show cause only as to why a demand would not be made in respect of evasion of VAT.
9. Only question that is facing us is, whether or not the notice issued by the respondent, Assistant Commiss......ve Rule Nisi was obtained against a notice dated 23-10-05 (Annexure- C) issued under section 55 read with section 37 of the VAT Act, 1991 by one Assistant Commissioner for evasion of VAT.
2. Short facts for disposal of the Rule are that the petitioner is a private limited company and engaged in t..
Category: Fiscal/Taxation Law | Date: | Hits: 131
....a copy of this judgment and order be sent to the Hon'ble Prime Minister for perusal and necessary action as per our observations made above.
Ed.
This Case is also Reported in:55 DLR (2003) 171.
......mproper action of a State executive in dealing with State-property as well as State policy is alleged, the Court will not close its eye to redress such improper action on the technicalities as to the question of locus standi of the petitioner and maintainability of the proceeding………………â€......aintaining the writ petition. It has been submitted that the question of locus standi is not a question of jurisdiction but question of exercise of discretion by the Court on due consideration of the facts and circumstances of each case. Under the Constitution State executives are duty bound to act ..
Category: Others | Date: | Hits: 113
BRAC vs. National Board of Revenue and another, 2008, 37 CLC (HCD)
....gal and/or unauthorized and as such, of no legal effect. In the result, the Rule is discharged with cost. Communicate at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 245. ......agong, (1997) 49 DLR 279. 12. In order to appreciate the submissions of the learned advocate the relevant law before and after the amendment must first be considered. During the assessment year in question, subsection (1) and (2) of section 158 of the Ordinance was as follows: s.158. Appeal to......t that he received total yearly salary of taka 4,20,000 at a monthly salary of taka 35,000.00 and yearly bonus of taka 70,000.00 in the financial year July, 1995 to June, 1996. Dealing with the above facts may be not necessary for disposal of the issue(s) that are involved in this Rule but may be il..Category: Fiscal/Taxation Law | Date: | Hits: 171
Md. Abul Basher Vs. The Judge, First Artha Rin Adalat, Chittagong and others, 2008, 37 CLC (HCD)
....to dispose of the Artha Rin Execution Case No.208 of 2004 expeditiously. Communicate the judgment to the Adalat concerned at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 208. ...... Judge, First Artha Rin Adalat, Chittagong and others………………….Respondents Judgment May 6, 2008. Result: The Rule is discharged with observation. In order to determine the question whether the provision is mandatory or directory, it is the duty of the Court to get at the ......er in the course of argument has taken us through the writ petition, impugned order and the provision of section 37(1) of the Ain, 2003 and then submits that the Adalat under misconception of law and facts most illegally and mechanically passed the impugned order rejecting the application under sect..Category: Civil Law | Date: | Hits: 136
Latif alias Md. Latif Miah and Rabiuzzal Hossain Vs. State, 2005, 34 CLC (HCD)
.... of the Penal Code. Both the convict appellants are discharged from their bail bonds. Send down the lower Court's records at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 410. ...... of the Penal Code. Both the convict appellants are discharged from their bail bonds. Send down the lower Court's records at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 410. ....... 6. Mr. Golam Kibria, the learned Deputy Attorney General appearing on behalf of the state submits that the case was proved beyond reasonable doubt. The trial Court after due consideration of the facts and circumstances and on appreciation of evidence was justified in convicting the appellants. ..Category: Criminal Law | Date: | Hits: 86
....he Courts below stand maintained.
Send down the lower Court's record and a copy of the judgment and order to the Court concerned.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 405.
......er the plaintiff is an employee or not were decided by the Courts below and these findings of facts already arrived by the Courts below initially, would not be interfered by the revisional Court. The question whether the plaintiff was a worker under the labour law or is an employee of the Board is c....... Md. Khalilur Rahman, the learned Advocate for the opposite party files a counter affidavit and submits that the plaintiff has succeeded to prove his case before the Courts below and considering the facts, circumstance and evidence on record, the trial Court decreed the suit and the lower appellate..
Category: Employment/Service Law | Date: | Hits: 166
Abdul Mannan Mathbar Vs. Nazmul Hoque Majumder and others, 2009, 38 CLC (HCD)
....rt at the time of issuance of the rule is hereby vacated. Lower Court's records be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 317. ...... mother of 3 daughters who were minor at that time. Therefore, the subsequent deed executed by the daughters are not valid. Both the Courts below correctly found that in the instant case the disputed question of title is involved as such in a suit for permanent injunction this question of disputed t...... at the instance of the defendants………………………………….(10) The Code of Civil Procedure, 1908 (Act No. V of 1908); section 115 Revisional power of the court The finding of facts whether concurrent or not arrived at by the lower appellate Court is final unless it is manife..Category: Civil Law | Date: | Hits: 94
Mrs. Rokeya Begum Vs. Chartered Credit CoÂoperative Ltd., 2009, 38 CLC (HCD)
....itan Assistant Sessions Judge, 5th Court, Dhaka should not be quashed. 29. The order of stay granted earlier shall stands vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 274. ......minal Procedure, 1898 (Act No. V of 1898); section 561A Quashment of proceedings Non disclosure of the date of receipt of notice under section 138 (1) (b) of the Negotiable Instruments Act is a question of fact which will be decided at the time of trial after taking evidence and thus non-discl......the proceedings in Metropolitan Sessions Case No.2439 of 2006 arising out of CR Case No.672 of 2006 (North) under section 138 of the Negotiable Instruments Act, should not be quashed. 2. Necessary facts for the purpose of disposal of this Rule, is that, the complainant is an organization register..Category: Criminal Law | Date: | Hits: 70
Sobhan Munshi Vs. State and another, 2010, 39 CLC (HCD)
.... with this case shall be deducted from the period of his sentence as per provisions of Section 35A of the Code of Criminal Procedure. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 37. ......rty No.1 submits that the convict-petitioner having been caught red-handed the Tribunal rightly convicted him under Section 19A and 19(f) of the Arms Act and sentenced him there under and as such the question of commutation of the sentences awarded against the convict-petitioner does not arise at al...... with this case shall be deducted from the period of his sentence as per provisions of Section 35A of the Code of Criminal Procedure. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 37. ..Category: Criminal Law | Date: | Hits: 81
State Vs. Delwar Hossain & others, 2011, 40 CLC (HCD)
....ru, Lalu and Shafique be called for. Let a copy of this Judgment and Order be comÂmunicated to the Court below concerned at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 356. ...... to commit robbery by 5 or more persons is also dacoity. Now, let us scan the eviÂdence on record to show whether there was any attempt by the accused party in order to commit dacoity on the boat in question. P.W.3 Ali Akbar in his examination in chief stated in the following ways:- “ডাà¦......is case. In fact, there appears no defÂinite defence case on the part of the defence save and except the plea of innocence. 5. The learned Judge on consideration of the evidence on record and the facts and circumstances of the case convicted and sentenced the accused as aforesaid and made the re..Category: Criminal Law | Date: | Hits: 158
Waseq Ullah & Others Vs. Rezia Khatun and Others, 2010, 39 CLC (HCD)
....No.510 in Title Suit No.50 of 1990 is set aside. Title Suit No.50 of 1990 is dismissed. Send down the lower Court records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 300. ......arned Advocate cited several decisions in support of his submission. Mr. Md. Lutfur Rahman Mondal, learned Advocate relied on the case of Saifur Rahman Vs. Haider Shah, 19 DLR (SC) 433 wherein on the question that when execution of a decree within 12 years was presented by resort to fraud upon Court......nemy property. But defendant No.4 in connivance with the employees of the vested cell includes ‘ga’ schedule land in VP Case No. 31/79-80 as enemy property. Plaintiff did not know about all these facts as he was not in Bangladesh. While he came in Bangladesh from abroad, he was advised, by the r..Category: Property Law | Date: | Hits: 83
Mohammad Ali Vs. Sukur Ali & others, 1985, 14 CLC (HCD)
....ite of the provisions of section 339C Cr.P.C. With the observations as above, this Rule is discharged. Latifur Rahman J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 1. ......ite of the provisions of section 339C Cr.P.C. With the observations as above, this Rule is discharged. Latifur Rahman J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 1. ......present but an application was filed on behalf of the defence for stopping of the proceeding and releasing the accused under section 339C(4)Cr.P.C. The Additional Sessions Judge noticed the aforesaid facts in his order dated 12.9.84 and observed that the trial could not be completed within the stipu..Category: Procedural Law | Date: | Hits: 102
Daud Ali (Md.) and others Vs. State, 2003, 32 CLC (HCD)
....appellants Daud Ali and Rabi Biswas are directed to be set at liberty if not connected with any other case. Record be sent down. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 699. ......causing him injuries by accused Daud and Rabi, benefit of doubt would be created in favour of defence. The truth or otherwise of the story of dying declaration of deceased Jamir would be doubtful and questionable for above deviation by P.W.1 in the deposition at the trial. 33. Except P.W.1 inform......mation report as per statement of informant P.W.1 Golam Mostafa and started PS case filling up Form of first information report. P.W.10 Part investigation officer Zulfiker Ali stated and proved above facts as to recording of the first information report as per statement of informant on 15‑4‑1992..Category: Criminal Law | Date: | Hits: 93
....s. 3475, 3439 and 3480 of 2002.
Judgment
Md. Awlad Ali J.-These 3(three) Rules issued under Article 102 of the Constitution at the instance of different petitioners having the same status raise identical question of law being based on similar facts and are being disposed of by this judgment.
......439 and 3480 of 2002.
Judgment
Md. Awlad Ali J.-These 3(three) Rules issued under Article 102 of the Constitution at the instance of different petitioners having the same status raise identical question of law being based on similar facts and are being disposed of by this judgment.
2. The p....... Awlad Ali J.-These 3(three) Rules issued under Article 102 of the Constitution at the instance of different petitioners having the same status raise identical question of law being based on similar facts and are being disposed of by this judgment.
2. The petitioners are internationally, reputed..
Category: Fiscal/Taxation Law | Date: | Hits: 119
....ition as opposite parties is allowed. Petitioners are added as Eighth Fifteenth opposite parties in Civil Revision case.
No cost.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 393.
...... have been joined, whether as plaintiff or defendant, or whose presence before the Court may be necessary in order to enable the Court effectually and completely to adjudicate upon and settle all the questions involved in the suit, be added.
7. A plain reading of the provisions engrafted in Sub-R....... Md. Zakir Hussain, Shahnaz Amir and Shahanaz Alam can be added as opposite parties in Civil Revision Case in hand.
2. The verdict proposed to be bestowed does not demand a detailed disclosure of facts except those which can shed light in resolving the war of words which are:
A. Predecessors ..
Category: Property Law | Date: | Hits: 82
Md. Farid Hossain Vs. State, 2007, 36 CLC (HCD)
....ccused appellant misuses the privilege of bail at any stage of the trial. Send a copy of the judgment to the Court below at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 152. ......ccused appellant misuses the privilege of bail at any stage of the trial. Send a copy of the judgment to the Court below at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 152. ......bunal Case No.1462 of 2004 arising out of Mirpur Police Station Case No.61 dated 18.9.2004 under section 19A of the Arms Act rejecting the prayer for bail of the accused appellant. 2. Briefly, the facts the prosecution case are that S.I. Kamruzzaman of Dhaka Metropolitan Police Station Mirpur alo..Category: Criminal Law | Date: | Hits: 92
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