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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. ...... 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......s 302/34 of the Penal Code and sentencing each of them to suffer imprisonment for life and pay fine of Taka 10,000, in default, to suffer rigorous imprisonment for one year more. 2. The relevant facts, for disposal of these appeals, are that these three appellants along with others were put on ..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 ......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 ...... the application filed by the opposite party Nos.1 and 2 under Order VII, rule 11 of the Code of Civil Procedure for rejection of the Miscellaneous Case, should not be set-aside. 2. The material facts relevant for disposal of the Rule, as have been stated in the instant revisional application, ..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. ......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…&......o sexual assault by the accused on her way to school at about 9-45 am on the following day of occurrence and subsequently the petitioner lodged an FIR with the local police station narrating the said facts. The victim was medically examined on 9 April, 2012 and the medical team found her age to be 1..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. ......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. ......pose of the rule on merit. But since the petitioner already filed application being No.223 of 2012 before the tribunal, thus the Tribunal should dispose of the matter afresh. 15. Considering the facts and circumstances of the case and the discussions above the Rule may be disposed of. 16. ..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)
....t relates to the previous assessment years other than the 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...... has reason to believe that the assessee has for any assessment year concealed the particulars of his income or furnished in accurate particulars thereof or omitted or failed to disclose all material facts necessary for the assessment for such year, within [five years] from the end of the assessment..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. ......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......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 appreciating evidence a..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. ......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......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. ..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: ......), 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......l 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 the case, the learned Tribunal was legally justified in dismissing..Category: Fiscal/Taxation Law | Date: 5 Jun, 2013 | Hits: 86
A.B.M. Liton Vs. Bangladesh & Others, 2013, 42 CLC (HCD)
....the refusal of bail are set-aside in so far as the petitioner is concerned. Communicate this order. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 207 ......the refusal of bail are set-aside in so far as the petitioner is concerned. Communicate this order. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 207 ......, and the order of rejection of bail of the petitioner dated 27-9-2012, passed by the same Adalat (Annexure-B), should not be declared to be without lawful authority and are of no legal effect. Short facts, relevant for the disposal of the Rule, are that the Eastern Bank United, Head Office, 10 Dilk..Category: Banking Law | Date: 3 Jun, 2013 | Hits: 5
Bimol Rosario Vs. Barbara Rosario and others, 2013, 42 CLC (HCD)
....w are hereby maintained. Let a copy of this judgment along with the lower Court s record be sent down at once. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 122. ......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 ......come to a decision in accordance with law. In this case the trial Court as well as the Court of appeal below considered 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 ..Category: Civil Law, Evidence Law | Date: 22 May, 2013 | Hits: 3
Nazrul Islam (Md.) & others Vs. Mahfuzur Rahman and others, 2013, 42 CLC (HCD)
....order along with the lower Court s record be sent down to the concerned Court for information and necessary action. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 126. ...... 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......akandi, Bogra in Eviction Suit No.57 of 1997 dismissing the suit, should not be set-aside and or pass such other or further order or orders as to this Court may seem fit and proper. 2. The facts leading to the issuance of the Rule in short, is that the present opposite-party Nos.1-12 as p..Category: Property Law | Date: 21 May, 2013 | Hits: 6
Moon Construction Company Limited Vs. Government of Bangladesh & others, 2013, 42 CLC (HCD)
....ent. Office is directed to communicate the copy of this judgment forthwith. Ed. This Case is also Reported 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......tion that a legitimate expectation cannot be defeated by the executive action unless public interest clearly requires negation of such an expectation can be given effect to by the Court only when the facts of the case clearly and unambiguously give rise to such a expectation. 17. Further to tha..Category: Constitutional Law | Date: 16 May, 2013 | Hits: 4
ABSCO Limited Vs. Artha Rin Adalat No.2, Dhaka & another, 2013, 42 CLC (HCD)
....charged without any orders as to costs.' Communicate the judgment to the court concerned at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 9. ......charged without any orders as to costs.' Communicate the judgment to the court concerned at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 9. ......of the Artha Rin Adalat similar to the provisions contained in section 19(2) of the Ain. Given that scenario, it is this Court's considered view that it was open to the defendant in the facts and circumstances to explore possible avenues of redress otherwise available under t..Category: Corporate Law, Others | Date: 15 May, 2013 | Hits: 8
....made on proper appreciation of law and facts do not call for interference.
Accordingly, the leave petition is dismissed.
Ed.
This Case is also Reported in: 19 BLC (AD) (2013) 1.
......made on proper appreciation of law and facts do not call for interference.
Accordingly, the leave petition is dismissed.
Ed.
This Case is also Reported in: 19 BLC (AD) (2013) 1.
......petition for leave to appeal is directed against the order dated 6-1-2011 passed by the High Court Division in Writ Petition No.10044 of 2010 summarily rejecting the Application
2. The facts, leading to the filing of this petition, in brief, are:
The leave petitioner as the writ-..
Category: Election Law | Date: 7 May, 2013 | Hits: 6
....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. ......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...... dismissing the appeal and affirming the judgment and decree dated
23-11-2005 passed by the learned Assistant Judge, 1st court in Title suit No.313
of 2005 rejecting the plaint.
2. The short facts leading to this petition
are that the respondent No.1 as plaintiff filed original suit No.313..
Category: Procedural Law | Date: 6 May, 2013 | Hits: 15
Moklesuddin Ahmed and another Vs. Rezia Khatun and others, 2013, 42 CLC (HCD)
.... number. The office is directed to do the needful accordingly. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 209. ...... number. The office is directed to do the needful accordingly. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 209. ......Md. Nuruzzaman J.- This application has been filed by the appellant petitioners for re-admission of the instant appeal, which was dismissed for non-prosecution on 28-1-2013. 2. The relevant facts as has been stated in the instant application, in short, are that the appellant-petitione..Category: Constitutional Law | Date: 5 May, 2013 | Hits: 4
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. ......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......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. ..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 ......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......of the lower authorities in imposing and/or affirming the higher value on the goods in question are set aside. In the result, the CRF value stands. 27. With the above discussions of law and facts, the questions as raised in the aforesaid appeals are answered in the following terms: 1)..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:
......
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......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:
..
Category: Fiscal/Taxation Law | Date: 24 Apr, 2013 | Hits: 186
Abdul Mukid (Md.) Vs.. Artha Rin Adalat Khulna and another, 2013, 42 CLC (HCD)
....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. ...... 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......lat, 2nd Court, Khulna being Order No.1 dated 28-7-1993 (Annexure-D to the Writ Petition) should not be declared to have been passed without lawful authority and is of no legal effect. 2. Shorts facts, relevant for the disposal of the rule are that; Respondent No.2, Bangladesh House Building Fi..Category: Corporate Law | Date: 21 Apr, 2013 | Hits: 4
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