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Sohail Thakur and others Vs. State, 1998, 27 CLC (HCD)
....hamsul Alam while proceeding towards that house those miscreants started firing at the victim and his men and at one stage of the occurrence Faruk Thakur had fired at the victim from a firearm in his hand which had hit at the abdomen of the victim who was declared dead by the attending doctor after ......nity to show cause and hearing. He also relied on the decisions reported in 11 BLD (AD) 64 (1991), BCR 1987 (AD) 143, Cr 1982 page 2109 in support of his contentions that if there is no allegation of overt act against an accused charged with an offence under section 302 of the Penal Code his bail co......rar is directed to send copy of this judgment to the Sessions Judges for their future guidance and compliance with the directions made above. Ed. This Case is also Reported in: 51 DLR (1999) 199...Category: Criminal Law | Date: | Hits: 33
Abdur Rouf (Md.) and another Vs. State, 1998, 27 CLC (HCD)
....hs. 2. The prosecution case, in short, is that the District Anti-Corruption Officer, Pabna lodged an FIR to the effect that current deposit account No. 24000 in the name of one of village Char Ramchandrapur, Police Station and District Pabna was opened with Janata Bank, Main Branch, Pabna on 24-9......that two irregular entries were made in Account No.2400. It was detected that during the period from 13-10-79 to 15-11-79 Taka 1,72,000.00 was misappropriated by resorting to forgery and fabrication covered by three cheques. After completing his inquiry he duly submitted his report to the Head Offic......irected to surrender to their bail bonds immediately to serve out the sentence imposed on them. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (1999) 192...Category: Criminal Law | Date: | Hits: 104
Birla Tyres & another Vs. Sonali Anash Trading (Pvt) Ltd. and others, 2004, 33 CLC (HCD)
....bove averments, same date the plaintiffs made an application under Order XXXIX, rules 1, 2 and 3 of the Code for restraining said defendant Nos. 1 to 3 from dealing and/or making any transaction underhand or overhand in any manner with any person or persons in respect of Birla brand tyres and obtain......rments, same date the plaintiffs made an application under Order XXXIX, rules 1, 2 and 3 of the Code for restraining said defendant Nos. 1 to 3 from dealing and/or making any transaction underhand or overhand in any manner with any person or persons in respect of Birla brand tyres and obtained an ex...... Orders granting temporary injunction and ad interim mandatory injunction are hereby set aside. Plaintiffs shall bear cost all through. Ed. This Case is also Reported in: 58 DLR (2006) 84. ..Category: Civil Law | Date: | Hits: 148
Syed Abdul Alim alias Lalu Vs. DC, Dhaka and others, 2005, 34 CLC (HCD)
....¦â€¦â€¦â€¦â€¦.Respondents Judgment November 16, 2005. Cases Referred to- Halima Khatun vs. Bangladesh, 30 DLR (SC) 207, Shahriar Rashid Khan vs. Bangladesh and others, 1998 BLD (AD) 155, Khandaker Ehteshatnuddin Ahmed alias Iqbal vs. Bangladesh, 33 DLR (AD) 154, Zia-ur-Rahman, PLD 1973 (......strate Court, Dhaka. The Special Martial Law Court No. 1 thereupon framed charge against the petitioner and other accused persons under sections 302/307/34/109 of the Penal Code and the same was read over and explained to the accused persons present to which they pleaded not guilty and claimed to be......osts. The petitioner (condemned prisoner) be set at liberty at once if not wanted in any other connection. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 74. ..Category: Criminal Law | Date: | Hits: 52
Bengal Bricks Industries Ltd. Vs. Al-haj Md. Ishaque Chowdhury and others, 2004, 33 CLC (HCD)
....nd others, 43 DLR (AD) 107 and Haji Md. Eshaque vs Rupali Bank, 43 DLR 621. Lawyers Involved: TH Khan with Sk. Zulfiqur Bulbul Chowdhury and Rezina Chowdhury, Advocates—For the Appellant. Khandker Mahbubuddin Ahmed with Azim Khair and Faisal Mahmud Faijee, Advocates—For the Respondents.......ndant No. 2, partnership firm obtained lease of entire suit property as described in the schedule to the plaint for 99 years on 7-8-63 from the Public Works Department of the erstwhile East Pakistan Government. While said firm was thus in owner in possession a suit being Other Suit No. 228 of 1981 w......the appeal is allowed with cost. Impugned judgment and decree are hereby set aside. The suit is dismissed. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 62. ..Category: Property Law | Date: | Hits: 71
Shamsul Haque Vs. Luna Fahmida Rahman and others, 2004, 33 CLC (HCD)
....ls out of 36 decimals of land of plot No. 5158 appertaining to SA Khatian No. 184 of Mouza Radhavallav in the District of Rangpur. 3. The plaint case, in short, is that Jadunath Sarker and Sitesh Chandra Biswas were owners in possession as 'Korfa' tenants in equal share in said 36 decimals of lan......he suit against their uncle, Md. Shamsul Haque and 3 others in the Court of Joint District Judge at Rangpur for a decree declaring their right, title and interest in the suit property and also for recovery of possession of said property by eviction of the defendants therefrom. The suit property was ......l Haque in Other Suit No. 15 of 98 is directed to vacate the suit house within sixty days from date positively. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 51...Category: Property Law | Date: | Hits: 139
State Vs. Mukul @ Swapan, 2004, 33 CLC (HCD)
.... further says that he did not raise hue and cry. It is not understood why he remained silent. During cross-examination that this witness introduced a story that Sub-Inspector Amjad had a torch in his hand which is not there in the evidence of any other witness. 17. PW 6 Constable Bashir Ahmed say......rch and arrest of Dacoit Mukul @ Swapan and came to Chowgram village and were making search for him at different places. At one stage, they came to know that the said dacoit was standing on a culvert over a village road by the side of Natore-Bogra Highway. One dafadar and 2 chowkidars, being PWs.2-4......bleeding was found. Underlying structures were not searched as the patient's condition was grave. Stitches were given on emergency basis and referred to Rajshahi Medical College Hospital for better management without delay. He proves the MC Exhibit 6 and his signature Exhibit 6/1 therein. During c..Category: Criminal Law | Date: | Hits: 49
Abu Taher Vs. State, 2005, 34 CLC (HCD)
.... dispute as to the death of deceased on the night of occurrence in the hut of her appellant husband. According to the prosecution, she was strangulated to death by the appellant husband. On the other hand, according to the defence, she committed suicide by hanging. It is in the evidence on record th......li Begum, getting information of the death of his daughter from accused Abul Hashem Kha, brother of the appellant, came to the house of the appellant and found the dead body of his deceased daughter covered by a quilt lying on a cot. Then he going to Kaokhali Police Station informed the matter to th......ted in any other case. Send down the lower Court's records at once with a copy of the judgment for information and taking necessary action. Ed. This Case is also Reported in : 58 DLR (2006) 34. ..Category: Criminal Law | Date: | Hits: 41
Sultan Uddin Ahmed Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
.... Shadat Hassan in Writ Petition No. 3763 of 2005 and Sultan Uddin Ahmed in Writ Petition No. 3762 of 2005 obtained Rule Nisi by challenging the circular issued under Memo No. Shakha 1(91)/ 2003 2006/Khanda 3/3526/1 dated 12-2-2005 issued by the respondent No. 3 calling upon the respondents to show c...... High Court Division (Special Original Jurisdiction) Present: Mirza Hussain Haider J AFM Abdur Rahman J Sultan Uddin Ahmed ……………………….........Petitioner Vs. Government of Bangladesh and others.................... Respondents. Judgment July 4, 2005. ......l machineries and to release the same within 7 days from the date of receipt of this judgment. However, there shall be no order as to cost. Ed. This Case is also Reported in: 58 DLR (2006) 31. ..Category: Business or Commercial Law | Date: | Hits: 234
World Tel Bangladesh Ltd. Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....Vs. Brojonath, AIR 1986 (SC) 1571, Mukul Dutta Gupta and others vs. Indian Airlines Corporation AIR 1962 Calcutta 311, Ismail vs. Mussarat Zami and others, PLD 1985 (SC) 86, State of Haryana vs. Lal Chand AIR 1984 (SC) 1326, India Ltd vs. State of MP and others, AIR 1999 (SC) 1630, Ekushey Televisio......riginal Jurisdiction) Present: Syed Mahmud Hossain J Quamrul Islam Siddiqui J World Tel Bangladesh Ltd………………………………………………………Petitioner Vs. Government of Bangladesh and others…………………………………Respondents. Judgment ......cessor to MOPT. It is further anticipated that the new independent regulator will implement new policies and regulations regarding such matters as universal service and contribution schemes, spectrum management and competitive safeguards. The Operator will be subject to any such new laws or regulati..Category: Information Technology Law | Date: | Hits: 321
Selim Reza Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....Rule is made absolute without any order as to costs. The office is directed to communicate this order to the respondents for information. Ed. This Case is also Reported in: 58 DLR (2006) 1. ...... (Special Original Jurisdiction) Present: Md. Joynul Abedin J AKM Asaduzzaman J Selim Reza ………………………………………………………………Petitioner Vs. Government of Bangladesh and others………………………. Respondents. Judgment August 13......Rule is made absolute without any order as to costs. The office is directed to communicate this order to the respondents for information. Ed. This Case is also Reported in: 58 DLR (2006) 1. ..Category: Others | Date: | Hits: 114
....t Division which is empowered to exercise revisional jurisdiction in respect of decisions of a Court subordinate to it.
7. Mr. Morshed Ahmed Khan, learned Advocate for the petitioner, on the other hand, submits that the Deputy Commissioner entertained the Civil Suit under the provisions of the Ch......egulation (2) of Regulation 4 provides that no other enactments except those mentioned in the schedule shall be deemed to be applied in the Chittagong Hill Tracts. It is, however, provided, that the Government may by notification in the Gazette declare that any other enactment shall apply either who......ainable.
For the reasons stated above, we do not find a substance in this Rule, which is discharged without any order as to costs.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 488.
..
Category: Civil Law | Date: | Hits: 89
Nizam Hazari Vs. State, 2001, 30 CLC (HCD)
....osted at Doublemooring Police Station and on the statement of P.W.1 Ratan Krishna Nath, Officer-in-Charge filled up First Information Report form and, thereafter, the case was registered. He knew the handwriting of the then Officer-in-Charge and proved his handwriting. This P.W. had been also Invest......cifically against the Armed Cadres, for the fear of inviting enmity with them and even for safety of their lives. In Arms case generally Police personnels stand in witness box. This reality cannot be overlooked. Testimonies of police witnesses cannot be rejected on the ground that they are police wi......nal No.14, Chittagong in Special Tribunal Case No.757 of 1999 stand maintained. Lower Court Records be sent down immediately. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 475. ..Category: Criminal Law | Date: | Hits: 58
Titas Gas Vs. Immense Washing Plant and others, 2001, 30 CLC (HCD)
....s granted; only to restore the status quo as the defendant altered the factual basis upon which the plaintiff claimed his relief. 16. But such principle had no manner of application in the case at hand. By granting mandatory injunction, the Court of appeal sought to compel the Titas Gas to contin...... paid a sum of Taka 1,22,215.48 vide a pay order dated 11-10-2000. The plaintiff was in default in the payment of gas bills which stood at Taka 17,69,974.86 as in March, 2001. Protecting the loss of Government revenue and to save itself, the defendant Titas Gas had no option but to snap the gas conn......es of the Ministry of Law, Justice and Parliamentary Affairs, the Ministry of Power and Energy and the Chairman of the Law Commission. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 471. ..Category: Civil Law | Date: | Hits: 151
Milon @ Shahabuddin Ahmed Vs. State, 2001, 30 CLC (HCD)
....ighar situated at Monoharpur at Comilla town when he learnt that his, son Md. Azharul Islam alias Azhar and another boy were stabbed and sustained severe injuries in front of a sweetmeat shop Shital Bhandar which was about 200 yards away from his studio. The informant rushed to the place of occurren......he deposed falsely at the instance of the informant. He also stated that the deceased had the capability to disclose the names of his assailants. 8. P.W.3 Abdul Mannan was a student of Chittagong Government College at the relevant time and he stated that in the evening of 1-7-1979 he and Shafiqur...... Ahmed are hereby maintained. Send down the lower Court records along with a copy of this judgment to the Court concerned at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 464. ..Category: Criminal Law | Date: | Hits: 35
State Vs. Md. Shamim alias Shamim Sikder and others, 2000, 29 CLC (HCD)
.... Vs. Md. Shamim alias Shamim Sikder and others…………..Opposite Parties. Judgment November 13, 2000. Cases Referred To- State Vs. Tajul Islam and others, BLT (Special Issue) 1; Chand Mia @ Chand Mia @ Chan Mia Mondal & others Vs. State, 42 DLR (AD) 3; AIR 1946 PC 45; State ......ced on trial before the learned Additional Sessions Judge, 1st Court, Barisal who framed charge against all the accused appellants under sections 302/34 of the Penal Code. The charges framed was read over and explained to the accused persons who pleaded not guilty to the charges and claimed to be tr......der alias Md. Ratan are allowed and they are found not guilty to the charges levelled against them and they are acquitted in this case. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 439...Category: Criminal Law | Date: | Hits: 50
Hamza Rubber Industries Vs. Golam Dastagir Gazi, 2001, 30 CLC (HCD)
....that of Messers Burney’s Industrial and Commercial Co. Ltd. Vs. Messers Rehman Match Works, PLD 1983 Karachi 357. 7. Mr. Azmalul Hossain, learned Senior Counsel for the respondents, on the other hand, submits in support of the impugned judgment and order refusing temporary injunction. He submit......of double elephants facing each other with their trunks held high along with the embossment ‘HAMZA TYRES’ and ‘HAMZA TUBES’, and huge quantity of tyres are already marketed to the dealers all over the country. They have already applied for registration of their device of double elephants. Th...... is also discharged and order of ad-interim injunction granted at the time of issue of the Rule is also vacated. Communicate at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 430. ..Category: Intellectual Property Law | Date: | Hits: 230
.... enlisting of the case property as abandoned property was illegal and without jurisdiction.
6. Dr. Kazi Rezaul Hoque, learned Assistant Attorney-General appearing for respondent No.2, on the other hand, submits that the case property has become abandoned property by operation of law. He submits t......Uddin Ahmed………….….Petitioner
Vs.
First Court of Settlement, Bangladesh Abandoned Building & others..………….Respondents
Judgment
May 8, 2001
Cases Referred To-
Government of Bangladesh represented by the Secretary, Ministry of Works Vs. A Jalil, 49 DLR (AD) 26;......ons stated here in above the Rule is liable to be discharged.
In the result, the Rule is discharged without any order as to cost.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 426.
..
Category: Property Law | Date: | Hits: 103
Progoti General Insurance Co. Ltd. Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)
....on the case of Meghna Petroleum Co. Ltd. Vs. CIT reported in 26 BTD (AD) 74 = 50 DLR (AD) 165. 5. Mr. Md. Abdur Rahim Bhuiya, the Assistant Attorney-General appearing for the Revenue, on the other hand, submits that the imposition of levy is not a charge on the income of the assessee, rather is i......ner, submits that the Jamuna Levy was imposed the interest income and dividend income of assessee by virtue of the provisions of section 3 of Ordinance No.53 of 1985 is none but a diversion income by overriding title and, as such, the Tribunal ought to have deducted the said amount of computing the ......ormulated by us in the negative and in favour of the assessee petitioner. There will be no order of cost. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 424, 53 DLR (HCD) (2001) 531. ..Category: Fiscal/Taxation Law | Date: | Hits: 104
....rs the profit disclosed by the assessees books is unreasonably low.
11. In the present case the Deputy Commissioner of Taxes has accepted the books of accounts of the assessee applicant on the one hand and on the other hand he has resorted to estimate the commission receipts of the applicant rely......the Appellate Joint Commissioner of Taxes illegally based his finding on the previous assessments which do not provide a legal ground for resorting to estimate. These legal infirmities have also been overlooked by the Taxes Appellate Tribunal in affirming the order of Appellate Joint Commissioner of......ered in the negative, and against the Revenue.
Accordingly, the reference is answered in the negative. There will be no order as to costs.
Ed.
This case is also Reported in: 52 DLR (2000) 484...
Category: Fiscal/Taxation Law | Date: | Hits: 101
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