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Sekandar Spinning Mills Ltd. Vs. Commissioner, Customs Excise and VAT and others, 2011, 40 CLC (HCD)
....o be without lawful authority and is of no effect and why they should not be directed to re-adjust the said amount of Taka 10,90,585 in the VAT Register of the petitioner company. 2. Briefly the facts of the case are that, the petitioner is a private limited company incorporated under the Compa...... Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 272.......ect. The respondent is hereby directed to re-adjust the amount of Taka 10,90,585 in the VAT Register of the petitioner company at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 272...Category: Fiscal/Taxation Law | Date: | Hits: 196
Jalil and another Vs. Chairman, Court of Settlement and another, 1991, 20 CLC (HCD)
.... the aforesaid ease before the Court of Settlement and withdrew their title suit. The petitioners filed all the connected papers before the Court of Settlement and asserted their claim by stating the facts as stated above. 3. The respondent‑Government did not file any written statement or ob......s also Reported in: 44 DLR (HCD) (1992) 288.......e facts as stated above. 3. The respondent‑Government did not file any written statement or objection denying the material facts stated by the petitioners nor adduced any oral and documentary evidence. 4. The learned Court of Settlement after hearing the parties dismissed the applicati..Category: Property Law | Date: | Hits: 90
State Vs. Abul Khair & 2 others, 1992, 21 CLC (HCD)
....d the common intention of the condemned prisoner for committing the murder of one Safiuddin Chowdhury, the Chairman of No. 4 Char Ruhita Union Parishad within the district of Lakshmipur. 3. The facts of the case have been detailed in the judgment of the trial Court and the Division Bench and i......e State………………………Appellant Vs. Abul Khair & 2 others….....Opposite Parties Judgment February 4, 1992. Result: Criminal Appeal No. 42 of 1985 and Jail Appeal No. 32 of 1988 are dismissed. Death Reference No.1 of 1985 is accepted. Cases .......2 on 19.3.79. 5. On these allegations all the three of them were tried by the learned Additional Sessions Judge, Noakhali. The learned Judge considered all aspects of the case and believed the evidence of P.Ws. 1, 3‑6 and 8 as also other circumstances proved in the case. Accordingly, he con..Category: Criminal Law | Date: | Hits: 116
Dr. Sultan Ahmed Vs. AKM Fazlur Rahman and others, 1989, 18 CLC (HCD)
....d there is no lacuna in issuance and service of the notice under section 106 of the Transfer of Property Act. The contention of Mr. Faruque Ahmed on this point has no substance. 7. Considering the facts and circumstances of the case and the material evidence on record, it Applicant. appears to me......DLR (HCD) (1992) 281. ......uently purchase the suit property from the plaintiffs, but he is not a tenant of the suit property and he never paid any monthly rent to the land‑lord of the suit premises. Both the parties adduced evidence both oral and documentary and after considering the material evidence on record, the learne..Category: Property Law | Date: | Hits: 108
Abdul Khaleque Vs. Court of Settlement and others, 1991, 20 CLC (HCD)
.... repatriated to Pakistan through the ICRC cannot take away his right as a national of Bangladesh. It is also argued by the learned Advocate that the Court of Settlement failed to correctly assess the facts, circumstances and evidence and failed to appreciate the documents and the papers submitted by...... (Special Original Jurisdiction) Present: Quazi Shafiuddin J Mainur Reza Chowdhury J Abdul Khaleque....................... Petitioner. Vs. The Court of Settlement and others ……………………..Respondents. Judgment October 22, 1991. Resul......through the ICRC cannot take away his right as a national of Bangladesh. It is also argued by the learned Advocate that the Court of Settlement failed to correctly assess the facts, circumstances and evidence and failed to appreciate the documents and the papers submitted by the petitioner in their ..Category: Property Law | Date: | Hits: 90
Ramizuddin and others Vs. Abdul Hamid, 2009, 38 CLC (HCD)
....d also received compensation from the RAJUK and in view of acquisition of land by the RAJUK, the suit is liable to be dismissed. 4. The defendant No.12 also filed written statement stating similar facts made in the written statement of the defendant Nos-5-10. So, further narration of the facts is......et aside. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 434.......r as to costs. The impugned Judgment and order passed by the Appellate Court allowing the withdrawal of the suit is, hereby, set aside. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 434...Category: Procedural Law | Date: | Hits: 108
Abdul Kabir Vs. State, 1998, 27 CLC (HCD)
....ty was called upon to show cause as to why the proceedings of Mirpur PS Case No.41 dated 15-1-96 pending in the Court of Chief Metropolitan Magistrate, Dhaka should not be quashed. 2. The relevant facts are as follows: The accused petitioner Abdul Kabir was served with a notice by the compete......4 of the Anti-Corruption Act, 1957. In reply to the notice he submitted a statement before the authority about the matter. On inquiry, the Bureau of Anti-Corruption found that the statement was false and also found that the accused had property worth Taka 1,03,35,948 disproportionate to his known so......sh the proceedings of that case. In the result, the Rule is discharged. Communicate the order to the Magistrate concerned at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 306. ..Category: Criminal Law | Date: | Hits: 109
Rustom Ali (Md.) Matubbar alias Alam Vs. Mohammad Salahuddin and another, 1998, 50 CLC (HCD)
....iability. It cannot be absolutely said that in all cases for breach of contract no criminal proceeding can lie and only a civil proceeding is the only forum. Each and every case is dependent upon the facts and circumstances of that case only and the alleged offence can be established on production o......vision (Criminal Miscellaneous Jurisdiction) Present: Kazi Ebadul Hoque J AK Badrul Huq J Rustom Ali (Md.) Matubbar alias Alam………………Petitioner Vs. Mohammad Salahuddin and another………………Opposite Parties Judgment March 2, 1998. Result: The Rule i......minal Procedure the High Court Division would not embark upon an inquiry as to the truth or falsehood of the allegations made against the accused person and that can be decided at the trial on taking evidence in support of the prosecution case. It is, also, important to remember that a proceeding ca..Category: Criminal Law | Date: | Hits: 112
MJL Bangladesh Ltd. Vs. Commissioner, Customs Excise and VAT and others, 2010, 39 CLC (HCD)
....by the VAT authority in its entirety as per statement given in Annexure-'Z' of the supplementary affidavit dated 25-7-2010 forthwith. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 257. ......ourt Division (Special original Jurisdiction) Present: Md. Ashfaqul Islam J SM Emdadul Hoque J MJL Bangladesh Ltd………….........Petitioner Vs. Commissioner, Customs Excise and VAT and others................Respondents Judgment July 25, 2010. Result: The Rule i......lling upon the respondents to show cause as to why refusal of Respondents to register the amended name of the petitioner with the office of Customs, Excise and VAT, Kotwali Division, Chittagong, as evidence by Memo dated 8-4-2010 bearing নথি নং ৪র্থ (১২) ১৮৮/মুস..Category: Fiscal/Taxation Law | Date: | Hits: 269
Nuru Miah and others Vs. State, 2011, 40 CLC (HCD)
.... occurrence. Further in his cross examination he admitted that; “দারোগার কাছে আমি শুধু হোসেন ডাকাত বলেছি।” In view of the above facts and circumstances and proposition of law, it is very difficult for us to rely the evidence of ...... This Case is also Reported in: 63 DLR (HCD) (2011) 242.......8 and submits that confession of an accused cannot form sole basis of conviction against the Non-confessing accused persons, jointly tried for the same offence without other corroborative substantive evidence. In this connection she also referees the cases of Ustar Ali Vs. State, reported in 18 BL..Category: Criminal Law | Date: | Hits: 112
Abdul Jalil & other Vs. Islami Bank Bangladesh Ltd. and others, 2011, 40 CLC (AD)
....te Judge and consequently allowing the application for rejection of plaint of Title Suit No.42 of 1999. 2. For better appreciation of the matter and proper disposal of this appeal some necessary facts require to be stated first. 3. These present appellants-who are 40 in number earlier filed ......Hossain J Md. Imman Ali J Md Mamtaz Uddin Ahmed J Md. Shamsul Huda J Abdul Jalil & other………………….........................Appellants Vs. Islami Bank Bangladesh Ltd and others..........Respondents Judgment October 12, 2011. Result: The appeal is dismiss......(90 Ajutangsha) land only. It appears from the judgments of the trial Court and the appellate Court in the earlier suit that both the Courts, on consideration of all the facts and circumstances and evidence on record, clearly found out that the CS Plot No.371 actually contained 0.9007 acre of land..Category: Procedural Law | Date: | Hits: 108
Major (Retd.) M Khairuzzaman Vs. State, 1997, 26 CLC (HCD)
....f Foreign Affairs. So, we hold that he is entitled to have the Division-I or Class I status in the jail as under-trial prisoner under the provisions of Paragraph 910 of the Jail Code. Considering the facts and circumstances of the case as stated above, we are of the view that this Rule should be mad......s connection with Lalbagh PS Case No.1 11(11)75 as under-trial prisoner. 2. It is stated in the application that the petitioner was an Army Officer in Bangladesh Army with a good record of service and reputation. He comes of an enlightened distinguished well-to-do Muslim family of this country. T......tioner in the Dhaka Central Jail as under-trial prisoner in connection with Lalbagh PS Case No.11(11)75 till the disposal of that case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 283...Category: Criminal Law | Date: | Hits: 105
Salma Islam Vs. Parveen Banu & others, 1997, 26 CLC (HCD)
....sult, the appeal is dismissed without any order as to costs. The connected Civil Rule No. 208(f) of 1985 is accordingly disposed of. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 280....... J Md. Joynul Abedin J Salma Islam………………Appellant Vs. Parveen Banu & others………………Respondents Judgment June 1, 1997. Result: The appeal is dismissed and the connective Civil Rule is accordingly disposed of. Cases Referred to- Bahori Lal Vs. Sr...... 8 (eight) lakh as transfer fee. The plaintiff-appellant examined 4 P.Ws. and the defendant-respondents, on the other hand, examined one witness as D.W.1. 5. The trial Court on consideration of evidence dismissed the suit on merit on the finding that the defendant-respondent filed Civil suits ..Category: Property Law | Date: | Hits: 144
Hamida Begum Chowdhury Vs. Ahamad Hossain Khan and others, 1997, 26 CLC (HCD)
....nt itself and thereafter the plaintiff- respondent created the second sale agreement and took her signature therein by force. The learned Advocate for the defendant-appellant also submits that in the facts and circumstances of the case the prayer for specific performance of contract should be refund...... High Court Division (Civil Appellate Jurisdiction) Present: Md. Gholam Rabbani J Md. Joynul Abedin J Hamida Begum Chowdhury…………………Appellant Vs. Ahamad Hossain Khan and others…………………Respondents Judgment June 1, 1997. Result: The Appeal is ......Islam, the learned Advocate for the plaintiff-respondent, on the other hand, submits that the plaintiff-respondent has been able to prove his case for specific performance of contract on the basis of evidence and materials on record which, according to him, clearly established that the defendant-app..Category: Civil Law | Date: | Hits: 148
....opal Saha J.- This Rule is directed against the judgment and decree dated 12-11-92 passed by the learned Assistant Judge, Madarganj in Other Class Suit No.1 of 1991 decreeing the suit.
2. Relevant facts for the purpose of the case, in short, are that the opposite parties as plaintiffs instituted ......ported in: 50 DLR (HCD) (1998) 271.......such, the impugned judgment and decree must be set aside.
9. Before parting with the case another special feature of the case deserves mention. In the face of clear averments in the plaint and the evidence led by the plaintiff it stands beyond redemption that the defendants have already construct..
Category: Property Law | Date: | Hits: 86
Monjurur Rahman (Md.) Vs. Dr. Naimur Rahman, 1998, 27 CLC (HCD)
....t has rightly found the share of the plaintiff-appellant as being half in the property of schedule ‘A’ and accordingly, decreed partition of the property in preliminary form. Having regard to the facts and circumstances of the case, we find nothing to interfere with the Judgment and decree passe.......)……………………Appellant Vs. Dr. Naimur Rahman………………………Respondent Judgment February 12, 1998. Result: The appeal is dismissed. Lawyers Involved: Khandakar Mahabubuddin Ahmed with SR Khorshnabish, M Hasan, Advocates - For the Appellant. Habibul ......time of trial the plaintiff examined himself as the sole witness on his behalf and defendant No.1 also examined himself as the only witness on his side. A large number of documents were admitted into evidence. The trial Court found the share of the plaintiff in the property of schedule ‘A’ as ha..Category: Property Law | Date: | Hits: 109
Ansarul Hoque Vs. Agrani Bank, 1997, 26 CLC (HCD)
....sdiction of these Courts. So, the decision given in the reported case that suits of the value exceeding Rs. 25,000.00 were to be tried by the Karachi Bench of West Pakistan High Court cannot apply to facts of the present suit before us. 6. The other case we shall refer to is the case of JK Sarma ...... The applications are disposed of with a direction to return the plaints. Cases Referred to- Muhammad Abdulah Sufi Vs. Muhammad Box & Sons, PLD 1957 (WP) Karachi 445; JK Sarma Vs. KS Ramchandra Setty, AIR 1965 Mysore 248. Summary Suit No.13 of 1997. Judgment Abdul Karim J.- All ...... of with a direction to return the plaints to the petitioners or their learned Advocates for presenting the same to the District Court. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 263...Category: Procedural Law | Date: | Hits: 92
Mahbub Alam Vs. Commissioner, Customs, Excise and VAT, Sylhet and others, 2010, 39 CLC (HCD)
.... orders passed as this Court may deem fit and proper. 2. By the same Rule issuing order dated 17-8-2003, all further proceedings of the above mentioned Special Tribunal Case were stayed. 3. The facts found for disposal of the Rule are that on 1-2-2003 at 12-00 hours the petitioner Mahbub Alam ...... High Court Division (Special Original Jurisdiction) Present: Hasan Foez Siddique J Md. Azizul Haque J Mahbub Alam………………..Petitioner Vs. Commissioner, Customs, Excise and VAT, Sylhet and others………………….Respondents Judgment June 6, 2010. Result:......implicated in this case. Thus, it is clear that whether or not the petitioner attempted to give a declaration about the possession of gold recovered is a disputed question of fact to be determined on evidence and as such, the same cannot be resolved in writ jurisdiction. Thus matter is well settled ..Category: Fiscal/Taxation Law | Date: | Hits: 177
Niranjan Malaker & another Vs. State, 2009, 38 CLC (HCD)
....uffer imprisonment for life and also to pay fine of Taka 5,000 in default to suffer rigorous imprisonment for one year more thereunder. 2. To arrive at a correct decision on proper appreciation of facts and evidence, the prosecution version as narrated in the first information report (FIR) is dep......LR 97. Lawyers Involved: MA Mannan, Deputy Attorney-General - For the State. Criminal Appeal No. 617 of 2002. Judgment Md. Azizul Haque J.- This appeal is directed against the Judgment and order dated 11-11-2001 passed by the Additional Sessions Judge, Moulvibazar in Session Case No.6......isonment for life and also to pay fine of Taka 5,000 in default to suffer rigorous imprisonment for one year more thereunder. 2. To arrive at a correct decision on proper appreciation of facts and evidence, the prosecution version as narrated in the first information report (FIR) is depicted as u..Category: Criminal Law | Date: | Hits: 75
Solaiman (Md.) Vs. State and another, 2010, 39 CLC (HCD)
....or any other order passed as this Court may seem fit and proper. 2. By the Rule issuing order dated 9-3-2008, all further proceedings of the above mentioned CR case were stayed. 3. The relevant facts for disposal of the Rule are that the opposite party No.2 Senoara Begum as complainant filed t......urt High Court Division (Criminal Miscellaneous Jurisdiction) Present: Khondker Musa Khaled J Md. Azizul Haque J Solaiman (Md.)……………………….Petitioner Vs. State and another………………………………opposite Parties Judgment April 8, 2010. Res......he time of trial non-disclosure of such fact in the complaint petition cannot render the proceeding liable to be quashed to the great prejudice of the complainant who is entitled to prove his case on evidence. In view of this decision, we hold that though the date of service of the legal notice upon..Category: Criminal Law | Date: | Hits: 75
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