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Zahirul Islam @ Dipu (Md.) Vs. State, 2013, 42 CLC (AD)
....f the Penal Code. The respondent is directed to set them at liberty at once if they are not wanted in any other case. Ed. This Case is also Reported in: 20 BLC (AD) (2015)129. ......f the Penal Code. The respondent is directed to set them at liberty at once if they are not wanted in any other case. Ed. This Case is also Reported in: 20 BLC (AD) (2015)129. ......et them at liberty at once if they are not wanted in any other case. Ed. This Case is also Reported in: 20 BLC (AD) (2015)129. ...... June 20, 2013. Result: All the appeals are allowed. Where a grave and heinous crime has been committed but in absence of any satisfactory proof of the guilt, in this constriction, question of benefit of doubt favors the accused It is undoubtedly the duty of the prosec..Category: Criminal Law, Evidence Law | Date: 20 Jun, 2013 | Hits: 3
Afazuddin Fakir (Md.) Vs. MH Rahman and others, 2013, 42 CLC (HCD)
....d with the Miscellaneous Case in accordance with law. Send down the lower Court records with copy of this judgment at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 581 ...... 96 of the State Acquisition and Tenancy Act (Hereinafter referred as said Act) against the opposite parties in the Court of the Joint District Judge, Court No.1, Rajshahi for pre-emption of the case land. 3. The case land appertaining to CS Khatian Nos.1028 and 979 within Mouza Kapasia, Police......Case is also Reported in: 65 DLR (HCD) (2013) 581 ......s with regard to all or any of the matters in controversy in the suit and may be either preliminary or final. It shall be deemed to include the rejection of a plaint and the determination of any question within section 144, but shall not include— a) Any adjudication form which ..Category: Property Law | Date: 17 Jun, 2013 | Hits: 4
Wadud Mollah (Md.) Vs. Md. Nayem and Another, 2013, 42 CLC (AD)
....h the above observations. Let a copy of this judgment be communicated to the learned Judges of the High Court Division. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 93. ......h the above observations. Let a copy of this judgment be communicated to the learned Judges of the High Court Division. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 93. ...... communicated to the learned Judges of the High Court Division. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 93. ......ate its subordinate courts regulating the purported orders to be passed by it after the appearance of accused. The learned Judges have left nothing for the Tribunal of the Magistrate to decide on the question of bail. The learned Judges have practically usurped the power of the courts below…&..Category: Criminal Law | Date: 17 Jun, 2013 | Hits: 3
Monowara Begum Vs. Government of Bangladesh others, 2013, 42 CLC (HCD)
....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: 65 DLR (HCD) (2013) 476. ......, Nalchity, Jhalakati for declaration that the decree passed in Title Suit No. 351 of 1975 is illegal, void and for further declaration that the vested property proceeding in respect of the suit land is legal and lawful. 3. The further case of the plaintiffs, in short, are that the re......ision No. 2259 of 1997. Judgment SM Emdadul Hoque J. — On an application of the petitioner Monowara Begum under section 115 (1) of the Code of Civil Procedure, the Rule was issued calling upon the opposite party Nos. 1 and 2 to show cause as to why the impunged judgment and decree da......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: 65 DLR (HCD) (2013) 476. ..Category: Civil Law, Property Law | Date: 16 Jun, 2013 | Hits: 2
Moulana Development Co. Limited Vs. National Board of Revenue and others, 2013, 42 CLC (HCD)
....ed at the rate or rates applicable to the assessment year for which the assessment is made. (2) No proceeding under sub-section (1) shall be initiated unless definite information has come into the possession of the Deputy Commissioner of Taxes [and he has obtained] the previous approval of the In......etition that the assessee-writ-petitioner is a private limited company, incorporated under the Companies Act 1994 and engaged in Real Estate business and as such it drives income from the business of land development and from construction of apartments. The assessee-writ-petitioner company is an inc......he current assessment years. However, there shall be no order as to costs. Mohammad Ullah J. - I agree. This Case is also Reported in: ......istant Attorney General with Saikat Basu, Assistant Attorney General-For respondent, I.T. Department. Writ Petition No. 9385 of 2012 Judgment AFM Abdur Rahman J.- Having raised an important question as to the interpretation of section 117A of the Income Tax Ordinance 1984, the assessee-wri..Category: Fiscal/Taxation Law | Date: 12 Jun, 2013 | Hits: 86
Golam Rasul Belal Vs. Habibullah Shakir and another, 2013, 42 CLC (AD)
....t, 1881, now pending in the Court of Metropolitan Magistrate, Dhaka shall proceed in accordance with law. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 58. ......t, 1881, now pending in the Court of Metropolitan Magistrate, Dhaka shall proceed in accordance with law. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 58. ...... Magistrate, Dhaka shall proceed in accordance with law. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 58. ......he appeal is allowed. Questions of Facts Whether notice was duly served or not upon the accused-respondent at its correct address or upon its authorized agent or upon himself, all these are questions of facts which are to be ascertained at the time of trial by the trial Court by appreciati..Category: Criminal Law | Date: 11 Jun, 2013 | Hits: 10
Sahab Uddin (Md.) Vs. State and another, 2013, 42 CLC (HCD)
....ce during the trial. 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: 19 BLC (AD) (2013) 86. ......ce during the trial. 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: 19 BLC (AD) (2013) 86. ......e find no merits in the leave petition. Accordingly, the same is dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 86. ......Vs. State, 17 BLC (AD) 176=21 BLT (AD) 234 .................................(7) So far as the pendency of the criminal case filed by the accused against the complainant about the cheques in question is concerned, the operation of section 138 of Act cannot be obstructed or, in any way, circ..Category: Civil Law | Date: 11 Jun, 2013 | Hits: 14
Grameen Telecom Vs. Commissioner of Taxes, 2013, 42 CLC (HCD)
....o be admitted and heard on merit by the Commissioner of Taxes (Appeal), immediately. However, there shall be no order as to costs. Mohammad Ullah J. -I agree. This Case is also Reported in: ......o be admitted and heard on merit by the Commissioner of Taxes (Appeal), immediately. However, there shall be no order as to costs. Mohammad Ullah J. -I agree. This Case is also Reported in: ......axes (Appeal), immediately. However, there shall be no order as to costs. Mohammad Ullah J. -I agree. This Case is also Reported in: ......), the Assessee-applicant further preferred an unsuccessful appeal before the Taxes Appellate Tribunal and preferred the instant Income Tax Reference Application accordingly formulating the following questions, seeking opinion from this court; 1) Whether on the facts and in the circumstances of t..Category: Fiscal/Taxation Law | Date: 5 Jun, 2013 | Hits: 86
Bimol Rosario Vs. Barbara Rosario and others, 2013, 42 CLC (HCD)
....luntarily gifted the suit land in favour of the defendant Nos.1 and 2 (nephews of the plaintiff) and registered the impugned deed of gift No.2453 dated 30-6-2004 AD and on the same day delivered possession of the suit land to them and since then the defendants have been residing thereon by muta......sidered the entire evidence on record and came to a concurrent finding that in the facts and circumstances of the case there was no reason on the part of the plaintiff-opposite party to gift the suit land to her nephews depriving her minor child…………(21 & 22) ......;......................Petitioner Vs. Barbara Rosario and others ...........Opposite Parties Judgment May 22, 2013. Result: The Rule is discharged. Expert’s Opinion-expert's opinion is not Conclusive Evidence Conclusive evidence enables the Court to ......pon placing Exhibit B, hand writing expert's opinion submits that DW-2, hand writing expert upon applying modern technology found signatures of the plaintiff appearing in the deed of gift in question are not forged and hand writing expert as DW-2 in his deposition categorically stated that ..Category: Civil Law, Evidence Law | Date: 22 May, 2013 | Hits: 3
Nazrul Islam (Md.) & others Vs. Mahfuzur Rahman and others, 2013, 42 CLC (HCD)
.... Eviction of Defendants- In a suit for eviction of the defendants from a particular land it is always important for the plaintiffs to disclose as to from when the defendants were inducted into possession in to the suit land Amendment of Pleadings is Justified on arising of Question ........Plaintiff-Opposite Parties Judgment May 21, 2013. Result: The Rule Is Made Absolute. Eviction of Defendants- In a suit for eviction of the defendants from a particular land it is always important for the plaintiffs to disclose as to from when the defendants were induc......NM Bashir Ullah J Nazrul Islam (Md.) & others……………………Defendant-Petitioners Vs. Mahfuzur Rahman and others.................Plaintiff-Opposite Parties Judgment May 21, 2013. Result: The Rule Is Made Absolute...... Justified on arising of Question of Controversy between Parties- Amendment of the pleadings is always justified if the same is found to be necessary for the purpose of determining the real question of controversy between the parties. Since in the present suit, the real controversy between..Category: Property Law | Date: 21 May, 2013 | Hits: 6
Moon Construction Company Limited Vs. Government of Bangladesh & others, 2013, 42 CLC (HCD)
....same on 26-6-2006. 3. Accordingly, necessary papers and documents were handed over to the petitioner by the respondent Nos. 7 and 8 and other concerned authorities on 11-1-2007. After taking the possession of the site, the petitioner had to evict some illegal occupants from the site. For the re......ent. Office is directed to communicate the copy of this judgment forthwith. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 193 ......rted in: 66 DLR (HCD) (2014) 193 ......ted work done by the petitioner, in which inaction of the respondents are illegal and mala fide. Further to that Mr. Oziullah submits that the bill of the petitioner is admitted, there is no disputed question of fact involved in the instant writ petition, and, as such, the writ petition is maintaina..Category: Constitutional Law | Date: 16 May, 2013 | Hits: 4
....cordingly disposed
of.
The matter is remanded to the High court
Division for a fresh hearing.
Ed.
This Case is also Reported in: 65 DLR (AD) (2013)
300; 18 MLR (AD) (2013)153. ......cordingly disposed
of.
The matter is remanded to the High court
Division for a fresh hearing.
Ed.
This Case is also Reported in: 65 DLR (AD) (2013)
300; 18 MLR (AD) (2013)153. ......aring.
Ed.
This Case is also Reported in: 65 DLR (AD) (2013)
300; 18 MLR (AD) (2013)153. ......pon the defendant opposite
parties to appoint the petitioner afresh effect from dismissal is legal and the
impugned judgment and order does not call for any interference.
13. The pertinent question is whether the
learned Judge of High Court Division can finally adjudicate the case withou..
Category: Procedural Law | Date: 6 May, 2013 | Hits: 15
Hasan Chowdhury (Md.) Vs. Bangladesh Bank and others, 2013, 42 CLC (HCD)
....nd also to communicate the compliance of our direction to the Registrar of the Supreme Court without any fail. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 533. ......ule Nisi was issued calling upon the respondents to show cause as to why the inaction of the respondents Nos. 1-5 as regulatory authority in respect of non-payment of the documentary bill under the Inland L/C No. 1810-12-99-0027 dated 25-4-2012 (Annexure -A) issued by the respondent No. 6 Manager, S...... to the Registrar of the Supreme Court without any fail. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 533. ......o. 1810-12-99-0027 dated 25-4-2012 (Annexure-A) issued by the respondent No. 6 in favour of the petitioner in violation of the solemn undertaking of the respondent No.6 in the L/C in question and the prevalent laws and regulations in connection thereto. 3. Facts are also simila..Category: Banking Law | Date: 2 May, 2013 | Hits: 3
Sheikh Shahadat Hossain (Md.) Vs. National Board of Revenue, and others, 2013, 42 CLC (HCD)
....vision in view of sub-section (3) of Section 196G of the said Act. Send down the record of the lower authority. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 522 ......vision in view of sub-section (3) of Section 196G of the said Act. Send down the record of the lower authority. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 522 ......id Act. Send down the record of the lower authority. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 522 ......t Appeal before the High Court Division under section 196D of the said Act. 5. Since section 196D of the said Act has made specific mention of "an order under section 196B", the common question in the aforesaid three appeals stemming from three different situations is whether the..Category: Fiscal/Taxation Law | Date: 25 Apr, 2013 | Hits: 2
....the Commissioner of Customs, Chittagong is set aside.
Communicate the judgment and send down the records.
Mohammad Bazlur Rahman J. - I agree.
Ed.
This Case is also Reported in:
......the Commissioner of Customs, Chittagong is set aside.
Communicate the judgment and send down the records.
Mohammad Bazlur Rahman J. - I agree.
Ed.
This Case is also Reported in:
......
Communicate the judgment and send down the records.
Mohammad Bazlur Rahman J. - I agree.
Ed.
This Case is also Reported in:
......
6. Mr. M. A. Azim Khair, learned Advocate appearing for the appellant submits that the Customs authority without holding any chemical examination or laboratory test held that the imported goods in question was acrylic polymer and fell under H. S. Code No.3906.90.00, which was absolutely wrong. Al..
Category: Fiscal/Taxation Law | Date: 24 Apr, 2013 | Hits: 186
Abdul Mukid (Md.) Vs.. Artha Rin Adalat Khulna and another, 2013, 42 CLC (HCD)
....enama decree, Adalat by order dated 17-2-1998 recommenced the execution proceeding at the instance of respondent No. 2. In the process of said execution, the Adalat issued warrant of delivery of possession in favour of respondent No.2 in respect of the mortgaged property of the petitioner&......d or certificates issued by the said Artha Rin Adalat also resulted in nullity. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 211. ......resulted in nullity. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 211. ...... 1973 and passed decree and different orders in the process of execution of the said decree, the Adalat acted beyond its jurisdiction and, as such, the whole proceeding before the Artha Rin Adalat in question was without lawful authority being quorum non judice. He contends that although the petitio..Category: Corporate Law | Date: 21 Apr, 2013 | Hits: 4
.... Civil Procedure claiming itself to be a donee of the land in question, since according to him the land in question was gifted in favour of the deity, and the opposite-party No. 1 and the deity is in possession thereof.
4. Upon the said application under Order XXI, rule 58 of the Code of Civil ......y was attached. During pendency of the said execution case the opposite-party No. 1 filed application under Order XXI, rule 58 of the Code of Civil Procedure claiming itself to be a donee of the land in question, since according to him the land in question was gifted in favour of the deity, and......dha Krishana Gour Netai Prova Jagabondhu Sundr Bigraha.........Opposite Party
Judgment
April 18, 2013.
Result:
This rule is disposed of.
Lawyers Involved:
Md. Zakir Hossain, Advocate—For the Petitioner.
Md. Tobarrak Hossain with Md. Ali Azam, Advocate—F......tached. During pendency of the said execution case the opposite-party No. 1 filed application under Order XXI, rule 58 of the Code of Civil Procedure claiming itself to be a donee of the land in question, since according to him the land in question was gifted in favour of the deity, and the opp..
Category: Civil Law, Procedural Law | Date: 18 Apr, 2013 | Hits: 2
Tajul Islam and others Vs. Billal Hossain and another, 2013, 42 CLC (AD)
....e appellants shall appear before the Sessions Judge, Chandpur and till then the bail granted by this court will continue. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 165. ......e appellants shall appear before the Sessions Judge, Chandpur and till then the bail granted by this court will continue. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 165. ......handpur and till then the bail granted by this court will continue. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 165. ......to be appointed as Additional Sessions Judge has the power to hear appeals, revisions references and reviews if they are made over or transferred to him by sessions Judge. To get the answer of this question, we may profitably refer the decision of Full Bench of the High Court Division (Comilla) i..Category: Procedural Law | Date: 16 Apr, 2013 | Hits: 8
Bangladesh Inland Water Transport Au¬thority (BIWTA) Vs. Bangladesh & others, 2013, 42 CLC (HCD)
....tion Annexure-D to the writ petition has been issued and on the basis whereof lease in respect of the said Ferry Ghat has already been granted in favour of respondent No. 8 who has already taken over possession thereof in the meantime. Both the learned Advocates namely, Mr. SM Rezaul Karim and Mr. A......5 DLR (HCD) (2013) 535 ......y, this Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 535 ......terest in respect of Fisheries, Ferries and all that which includes Maowa Ferry Ghat , therefore, by operation of the State Acquisition and tenancy Act all authorities in respect of the Ferry Ghat in question vests with the government without any encumbrance and in such view of the matter, authority..Category: Constitutional Law | Date: 15 Apr, 2013 | Hits: 3
Iftekharul Karim (Md.) Vs. State, 2013, 42 CLC (HCD)
....etropolitan Sessions Judge, Dhaka, and learned Special Judge, 3rd Court, Dhaka. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 211. ......etropolitan Sessions Judge, Dhaka, and learned Special Judge, 3rd Court, Dhaka. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 211. ......ial Judge, 3rd Court, Dhaka. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 211. ......ounter affidavit filed by the State opposite-party that when the Rule has been pending the necessary sanction for taking cognizance of the case has been given by the Government. 17. Now the question is what will be the consequence of the subsequent sanction for taking cognizance as ha..Category: Criminal Law | Date: 4 Apr, 2013 | Hits: 4
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