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Ratan Kha @ Rattan & Others Vs. State, 1988, 17 CLC (HCD)

....oity and raised alarm. People came from all around and the informant told the people assembled that he recognised some dacoits. He told so to Arshed, Kashem, Belayet, Abul Hossain and Ruhul. Of these persons, only Belayet has been examined as P.W. 6. The informant further told the said persons that ......e, P.W. 1 disclosed about the recognition of appellant No. 1. P.W. 6 Belayet Hossain amply corroborates P.W. 1 on rec­ognition. There is no reason why P.W. 6 should be disbelieved because he is a disinterested witness. 14. Against appellant No. 1 Rattan Kha, therefore, there is both direct ev...... under section 397 of the Penal Code. Send down the records immediately. Ed. This Case is also Reported in: 40 DLR (1988) 186. ......de is affirmed, but they are acquitted of the charge under section 397 of the Penal Code. Send down the records immediately. Ed. This Case is also Reported in: 40 DLR (1988) 186. ..

Category: Criminal Law | Date: | Hits: 49

Ezahar Sepai Vs. The State, 1987, 16 CLC (HCD)

....t was found that his brain was almost oozing out from the head. It was further stated that, witnesses Ruhul Amin and Maifuddin jamadder and others nursed Shafizuddin jamadder and bandaged the injured persons; that later on the injured persons were taken to Bhandaria for treat­ment but as no Governm......e last contention of the learned Advocate for the appellant that P.W.6 not being a FIR witness no reliance should be placed upon his evidence and as other P.Ws. are related to each oth­er and highly interested in prosecution case their evidence are of no credence is concerned it has got no substanc......ant is directed to surrender to the bail bond to serve out the remainder of the sentence. Ed. This Case is also Reported in: 40 DLR (1988) 177. ......e result, the appeal is dismissed. The appellant is directed to surrender to the bail bond to serve out the remainder of the sentence. Ed. This Case is also Reported in: 40 DLR (1988) 177. ..

Category: Criminal Law | Date: | Hits: 93

Falu Mia & others Vs. Safar Ali & others, 1988, 17 CLC (HCD)

....ch directions, orders, de­crees or writs as may be necessary for doing com­plete justice in any cause or matter pending before it, including orders for the purpose of securing the attendance of any persons or the discovery or produc­tion of any document." 17. In the case of Secretary to the Go......ke out any case for reception of addi­tional evidence in this case. The Rules are therefore discharged but without any order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 165.......os. 1-3. Miah Abdul Gafur - For Opposite Party Nos. 12 & 13. Civil Rule No. 335(F) of 1984 with Civil Rule No. 11(F) of 1985. Judgment Mustafa Kamal J. - These Rules call upon the plaintiff opposite party Nos. 1-3 and 12-13 to show cause why the judgment dated 7.12.82 passed in F.A.......ke out any case for reception of addi­tional evidence in this case. The Rules are therefore discharged but without any order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 165...

Category: Property Law | Date: | Hits: 29

Asgar Ali & others Vs. Additional Deputy Commis­sioner, Khulna & others, 1987, 16 CLC (HCD)

....ani. Both Shamsu Ghani and the plaintiffs are permanent resi­dents and nationals of Bangladesh. They have neither left this country after liberation nor had abandoned their property, but some greedy persons taking advan­tage of the helpless condition of the widow had been trying to grab the proper...... remand for trial in the light of the observation made herein before. There will be no order as to costs. Send down the records at once. Ed. This Case is also Reported in: 40 DLR (1988) 157. ......s Vs. Additional Deputy Commis­sioner, Khulna & others...............Opposite Parties Judgment August 30, 1987. Cases Referred to- Halima Khatun's case 30 DLR (AD) 20; Nasiruddin Vs. Government of Bangladesh 32 DLR (AD) 216; 30 DLR (AD). Lawyers Involved: Miah Abdul Gaf...... remand for trial in the light of the observation made herein before. There will be no order as to costs. Send down the records at once. Ed. This Case is also Reported in: 40 DLR (1988) 157. ..

Category: Property Law | Date: | Hits: 36

Azimul Kabir (Md) Vs. Government of Bangladesh and others, 2001, 30 CLC (HCD)

....ty of taking decisions affecting the rights and liberties of the citizen of the State has the corresponding duty of acting judicially and the superior courts having supervisory jurisdiction over such persons have the power to see whether the said person has conformed to the judicial norms applicable......officials to take proper and adequate care and caution to ascertain that there are materials justifying the passing of an order of detention. Ed. This Case is also Reported in: 54 DLR (2002) 189.......to ascertain that there are materials justifying the passing of an order of detention. Ed. This Case is also Reported in: 54 DLR (2002) 189.......etitioner before us is a brother-in-law of the detenu. He stated in his writ petition that the detenu comes of a respectable Muslim family. He is an established businessman. He is connected with many educational and social organisations in Chittagong and Dhaka. He is the Joint Secretary of main oppo..

Category: Criminal Law | Date: | Hits: 45

SM Nasirul Haque Vs. Omar Faruque Chowdhury and others, 2001, 30 CLC (HCD)

....o. 29, mother of the preemptor, and on 20-07-54 further transferred 30 decimals to the father of the preemptor. Similarly, Golam Mowla transferred the rest of his land at different times to different persons, and thus, he exhausted all his interest in said 2.36 acre of land of CS plot No.139. The pa......are confirmed. Order of stay as granted at the time of issue of the Rule is hereby recalled and vacated. Send down the records. Ed. This Case is also Reported in: 54 DLR (2002) 181. ......e Chowdhury and others ………Opposite Parties Judgment December 3, 2001. Cases Referred To- Muhammad Muzaffar Khan vs. Muhammad Yusuf Khan, 11 DLR (SC) 78; SM Basiruddin vs. Zahurul Islam Chowdhury, 35 DLR (AD) 230: Shafiuddin Chowdhury vs. Md. Abdul Karim and others......are confirmed. Order of stay as granted at the time of issue of the Rule is hereby recalled and vacated. Send down the records. Ed. This Case is also Reported in: 54 DLR (2002) 181. ..

Category: Property Law | Date: | Hits: 39

State Vs. Kabel Molla and others, 2002, 31 CLC (HCD)

.... was read over to him and admitting its correctness put his signature in the same. PW 1 proved the first information report Exhibit 1 and he stated that his brother disclosed the names of the accused persons in presence of the people and the condemned prisoner Motiar also admitted that how they kill......f this judgment be forwarded to the learned Additional. Sessions Judge, First Court, Tangail for taking necessary action according to law. Ed. This Case is also Reported in: 55 DLR (2003) 108. ......itional. Sessions Judge, First Court, Tangail for taking necessary action according to law. Ed. This Case is also Reported in: 55 DLR (2003) 108. ......f this judgment be forwarded to the learned Additional. Sessions Judge, First Court, Tangail for taking necessary action according to law. Ed. This Case is also Reported in: 55 DLR (2003) 108. ..

Category: Criminal Law | Date: | Hits: 36

Micro Industries Development Assistance Society (MIDAS) Vs. Commissioner of Taxes, 2001, 30 CLC (HCD)

....properties unless such business is directly related to the objectives of the trust or institution, such as, the business is intended to give training to the beneficiaries of the trust or to some poor persons so that they can earn their livelihood by learning a profession or acquiring skill in a trad......mulated in both the reference applications are answered in the negative and in favour of the assessee. There will be no order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 168.......ro Industries Development Assistance Society (MIDAS)………. Applicant Vs. Commissioner of Taxes.................Respondent Judgment April 4, 2001. Cases Referred To- All India Spinners’ Association vs Commissioner of Income Tax, Bombay, ITR, Vol. XII 482; Commissioner of Inco......s behalf, or (ii) deposited in any account with the Post Office Savings Bank;” 11. The expression “charitable purpose” as used in clauses (i) and (ii) includes relief of the poor, education, medical relief and the advancement of any other object of general public utility. ..

Category: Fiscal/Taxation Law | Date: | Hits: 65

Barrister Ziaur Rahman Khan Vs. Government of Bangladesh and others, 1999, 28 CLC (HCD)

....ent Nos.1-4, a Memo Dated 26-09-93 issued by the Cabinet Division, can be referred to. By this official Memo a decision is taken by the Cabinet to form the Thana Co-ordination Committee comprising of persons as stated thereunder in each Thana. The memo also states that the local member of Parliament......l call such meetings to meet the contingencies and the meetings thus called will take decisions as per clause (4) of Annexure ‘C’. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 164. ......meetings thus called will take decisions as per clause (4) of Annexure ‘C’. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 164. ......l call such meetings to meet the contingencies and the meetings thus called will take decisions as per clause (4) of Annexure ‘C’. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 164. ..

Category: Administrative Law | Date: | Hits: 462

Ahsan Karim Jinnah Vs. Meghna Insurance Company Limited & others, 1999, 28 CLC (HCD)

....r of share by the company. 15. Admittedly, in the present case the Company registered the share transfers in question on the basis of the unstamped share transfer forms submitted by the interested persons, namely respondents Nos. 2-7. Incorporation of the names of the respondents Nos. 2-7 in the ......f a transfer of share by the company. 15. Admittedly, in the present case the Company registered the share transfers in question on the basis of the unstamped share transfer forms submitted by the interested persons, namely respondents Nos. 2-7. Incorporation of the names of the respondents Nos. ......cts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 160. ...... by rectifying its register of members. In view of the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 160. ..

Category: Company Law | Date: | Hits: 203

Modern Cold Storage Ltd. Vs. Secretary, Ministry of Energy & Mineral Resource and others, 2006, 35 CLC (HCD)

....er. Be that as it may, without showing such false seal to the petitioner such allegation and aspersion is not tenable in law and without ascertaining such alleged misdeeds by a committee of competent persons, when the petitioner denied such allegation, the respondent No. 3 could not issue such penal......and are of no legal effect. The order of stay granted earlier by this court at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 59 DLR (2007) 690.......anted earlier by this court at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 59 DLR (2007) 690.......and are of no legal effect. The order of stay granted earlier by this court at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 59 DLR (2007) 690...

Category: Others | Date: | Hits: 131

Abdur Rahman Vs. State, represented by Deputy Commissioner, 2006, 35 CLC (HCD)

.... in the said Bainapatra has already been transferred to one Dr. Md. Nurul Amin and 5 others through Bainapatra dated 15-7-1996 and subsequently registered kabala dated 19-5-1998. Thereby, the accused persons committed offence under sections 420/467/468/471 of the Penal Code. 3. The police com......nding before the Metropolitan Magistrate, Chittagong, is hereby quashed. Let a copy of the judgment be sent down at once. Ed. This Case is also Reported in: 59 DLR (2007) 683. ......s hereby quashed. Let a copy of the judgment be sent down at once. Ed. This Case is also Reported in: 59 DLR (2007) 683. ......nding before the Metropolitan Magistrate, Chittagong, is hereby quashed. Let a copy of the judgment be sent down at once. Ed. This Case is also Reported in: 59 DLR (2007) 683. ..

Category: Criminal Law | Date: | Hits: 43

State Vs. Al Hasib Bin Jamal alias Hasib and five others, 2007, 36 CLC (HCD)

.... accused per­sons threatened them with death pointing firearms when they went forward to rescue the deceased. At the time of leaving the park when Jashim took an attempt to catch hold of the accused persons they threatened him touching a pistol to his chest. There­after, the accused persons fled a......osecution case doubtful and the evidence of these witnesses should be left out of consideration. In this regard, he refers the cases reported in 6 BLC 204 and 4 BLC 559. He further submits that no disinterested and indepen­dent witness was examined to corroborate PWs 2,3, 8 and 20, The evidence of ...... Almas and Anif Mahmud alias Aurango @ Anga. Send down the lower Court's records at once. Ed. This Case is also Reported in: 59 DLR (2007) 653. ......absconding accused Ali Hasib Bin Jamal @ Hasib, Almas and Anif Mahmud alias Aurango @ Anga. Send down the lower Court's records at once. Ed. This Case is also Reported in: 59 DLR (2007) 653. ..

Category: Criminal Law | Date: | Hits: 40

AKM Iftekhar Ahmed and another Vs. State, 2007, 36 CLC (HCD)

....নায়ারুল ইসলাম আদালত বদলি। পঃতাঃ ২-৮-০৬ ইং 6. It appears from the cause title of the Rule petition that the accused persons were described written by hand and not typed as "present in Court". From the prayer portion ......de Court. If this position be continued, I am afraid a day will come when practically, there will be no legal system in Bangladesh. Ed. This Case is also Reported in: 59 DLR (2007) 646. ......day will come when practically, there will be no legal system in Bangladesh. Ed. This Case is also Reported in: 59 DLR (2007) 646. ......de Court. If this position be continued, I am afraid a day will come when practically, there will be no legal system in Bangladesh. Ed. This Case is also Reported in: 59 DLR (2007) 646. ..

Category: Criminal Law | Date: | Hits: 97

Ali Ashraf Mia Vs. Chairman, First Court of Settle­ment and others, 2006, 35 CLC (HCD)

....lleging, inter alia, that the said property was leased out to one Fouzdar Miah, a refugee, for his rehabilitation and thereafter, since 1972, the property became an abandoned pro­perty and different persons were given lease of the said house by the government who have been occupying the same. The F......interference by this Court. Accordingly, both the aforesaid Rules are discharged. There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 640. ......aid Rules are discharged. There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 640. ......interference by this Court. Accordingly, both the aforesaid Rules are discharged. There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 640. ..

Category: Property Law | Date: | Hits: 39

Commissioner of Taxes Vs. Prime Bank Ltd., 2007, 36 CLC (HCD)

....will or an irrevocable trust; any distribution of the assets of a company to its shareholders on its liquidation; and any distribution of capital assets on the dissolution of a firm or association of persons or on the partition of a Hindu undivided family. 21. An individual may hold shares o......peal to Appellate Division under section 162 of the Ordinance is rejected since we do not think that this is a fit case for appeal. Ed. This Case is also Reported in: 59 DLR (2007) 629. ......rejected since we do not think that this is a fit case for appeal. Ed. This Case is also Reported in: 59 DLR (2007) 629. ......peal to Appellate Division under section 162 of the Ordinance is rejected since we do not think that this is a fit case for appeal. Ed. This Case is also Reported in: 59 DLR (2007) 629. ..

Category: Fiscal/Taxation Law | Date: | Hits: 82

Angels Corporation (Pvt.) Ltd. and another Vs. Bangladesh and others, 2007, 36 CLC (HCD)

....justice in the society in spite of the provisions laid down in Article 20(2) of the Constitution which provides that the State shall endeavour to create con­ditions in which, as a general principle, persons shall not be able to enjoy unearned income and an "interest" being an "unearned income" incl......sult, Rules in Writ Petition Nos. 6579 of 2004 and 6057 of 2005 are discharged with­out any order as to costs.Stay granted earlier stands vacated.Ed.This Case is also Reported in: 59 DLR (2007) 601. ...... 2005 are discharged with­out any order as to costs.Stay granted earlier stands vacated.Ed.This Case is also Reported in: 59 DLR (2007) 601. ......sult, Rules in Writ Petition Nos. 6579 of 2004 and 6057 of 2005 are discharged with­out any order as to costs.Stay granted earlier stands vacated.Ed.This Case is also Reported in: 59 DLR (2007) 601. ..

Category: Others | Date: | Hits: 104

Manzu Sweeper Vs. State, 2005, 34 CLC (HCD)

.... projected in the first information report and unfurled at trial is that on 3-2-1991 PW 1 Md. Mizanur Rahman, Police Inspector, CID Camp, Camilla received a secret information to the effect that some persons were trying to get exchange of Bangladeshi counterfeit currency notes in different shops of ...... a copy of the judgment for information and taking necessary action.  Ed.  This Case is also Reported in: 59 DLR (2007) 593; 13 MLR (HCD) (2008) 417.       ......ing necessary action.  Ed.  This Case is also Reported in: 59 DLR (2007) 593; 13 MLR (HCD) (2008) 417.       ...... a copy of the judgment for information and taking necessary action.  Ed.  This Case is also Reported in: 59 DLR (2007) 593; 13 MLR (HCD) (2008) 417.       ..

Category: Criminal Law | Date: | Hits: 40

Mofidul Haque (Md) Vs. Bangladesh, 2006, 35 CLC (HCD)

.... the name of the appellant, taking shelter under the Paris Conven­tion. In case of removal of particular trade mark from the register and rectification thereof, a person aggrieved can apply, and the persons who are aggrieved are persons who are in some way or other substantially interested in havin......of removal of particular trade mark from the register and rectification thereof, a person aggrieved can apply, and the persons who are aggrieved are persons who are in some way or other substantially interested in having the mark removed from the register or persons who would be substantially damage......d Company Ltd. Vs. Messrs Western Soap Factory and others,43 DLR 304; Sunil, Kumar Das vs. Canon Kabushiki Kaisa,57 DLR 93, 10 BLC (AD) 92; Super Max International Private Ltd. Vs. Samah Razor Blades industries Ltd. and another, 4 BLC (AD) 22; Sunil Kumar Das vs. Canon Kabushiki Kaisha and another,5......, there is no merit in this appeal. The appeal must fail. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 588. ..

Category: Intellectual Property Law | Date: | Hits: 198

Jaban Ali and others Vs. Tazir Muhammad and others, 2007, 36 CLC (HCD)

....n Ahamed Chowdhury was the original landlord of the suit property, who granted pattan to Bazru Mahmud, predecessor of the plaintiffs; that the suit property was wrongly recorded in the names of other persons who have no interest in the suit property. Hence, the suit. 4. The defendant Nos. 3 and 4......same subject-matter, if not otherwise barred by any law. Communicate the order at once with a copy of judgment for information. Ed. This Case is also Reported in: 59 DLR (2007) 584. ......Case is also Reported in: 59 DLR (2007) 584. ......same subject-matter, if not otherwise barred by any law. Communicate the order at once with a copy of judgment for information. Ed. This Case is also Reported in: 59 DLR (2007) 584. ..

Category: Property Law | Date: | Hits: 23