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....lice Station Kotwali, District Dhaka now detained in Dhaka Central Jail be set at liberty forthwith if he is not required in any other case.
Ed.
This Case is also Reported in: 55 DLR (2003) 430. ......lice Station Kotwali, District Dhaka now detained in Dhaka Central Jail be set at liberty forthwith if he is not required in any other case.
Ed.
This Case is also Reported in: 55 DLR (2003) 430. ......esentative to the authority. The detenu is a Doctor by profession and that he is representative of Bangladesh Medical Association and is a leading member of a particular political organisation. These facts are not denied by the respondents. So, in order to detain a person the authority must be satis..
Category: Criminal Law | Date: | Hits: 104
Mohammadullah and others Vs. Md. Shamsul Alam alias Md. Alam, 2002, 31 CLC (HCD)
.... the said finding of fact. In the result, these Rules are discharged without any order as to cost. The impugned orders are maintained. Ed. This Case is also Reported in: 55 DLR (2003) 428. ...... both dated 31‑10‑1995 passed by the learned Assistant Judge, 4th Court, Dhaka allowing the said cases which were filed under Order IX rule 13 of the Code of Civil Procedure. As similar facts and question of law are involved these Rules have been heard together and are disposed of by this single......30 of 1995 both dated 31‑10‑1995 passed by the learned Assistant Judge, 4th Court, Dhaka allowing the said cases which were filed under Order IX rule 13 of the Code of Civil Procedure. As similar facts and question of law are involved these Rules have been heard together and are disposed of by t..Category: Procedural Law | Date: | Hits: 100
Insab Ali (Md.) Vs. Magistrate (Abu Zafar) Jessore and others, 2010, 39 CLC (HCD)
.... Kg Soybean oil not shown in the seizure list is hereby declared to have been done without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 290. ......a 6,16,790 was deposited to the treasury on 2-7-2007. Their further case is that the claimed of the petitioner that the BDR personnel seized the goods from the custody of the petitioner is a disputed question of facts and disputed question of fact cannot be amenable under the writ jurisdiction under......6 of the seizure list and 370 Kg Palm Oil 185 Kg Soybean oil not shown in the seizure list should not be declared to have been done without lawful authority and is of no legal effect. 2. Brief the facts of the case, are that, the petitioner is a law-abiding citizen of Bangladesh and a bona fide..Category: Criminal Law | Date: | Hits: 94
Salma Begum Vs. Sonali Bank Limited and others, 2010, 39 CLC (HCD)
....1-2009 passed by the learned Additional District judge, 2nd Court Dhaka, in Miscellaneous Appeal No.230 of 2009 is here by set aside. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 282. ......009. 4. The petitioner along with three others filed an application on 4-5-2009 under Order XXI, rule 58 of the Code of Civil Procedure to the executing Court to release the schedule property, in question. The said petition was registered as Miscellaneous Case No.27 of 2009. At the time of filin......der i.e. whether the impugned order passed by the appellate Court below is based on legal evidence or not. Before to discuss the merits and demerits of the impugned order we would like to narrate the facts of the case, in brief, though these are not that much relevant for the disposal of the Rule...Category: Civil Law | Date: | Hits: 229
Mokbul Hossain and another Vs. State, 2003, 32 CLC (HCD)
....ted of the charge thereunder. Both appellants Mokbul Hossain and Atikul are directed to be set at liberty if not required in any other case. Ed. This Case is also Reported in: 55 DLR (2003) 396. ......such as P.Ws.3 to 6, 8, and 9 stated to have heard occurrence from P.W.1. He submits that means of recognition of P.W.1 being torchlight and the said torchlight having not been produced at the trial, question of recognition by P.W.1 will be doubtful and therefore subsequent information about occurre......e examined. It appears occurrence took place at a distance of 200 yards west from house of one Gofur. Said Gofur nor any one from his house could be examined as witness in the case. 20. In view of facts, circumstances as above we find that learned court below had no sufficient legal evidence befo..Category: Criminal Law | Date: | Hits: 103
Yasinullah Vs. State, 2003, 32 CLC (HCD)
....the Police reports he would accept after considering the entire circumstances and facts of the case. The Rule is accordingly discharged. Ed. This Case is also Reported in: 55 DLR (2003) 393. ......igh Court Division under section 561A of the Code of Criminal Procedure in quashing the investigation of the proceedings against the respondents was unwarranted and cannot be sustained in law and the question of quashing of the GR Case did arise as the case had not yet come up before the Special Mag......y any scope for saying that charge-sheet would lead to abuse of the process of the Court, because the court competent to try the case has ample power to refuse taking cognizance of the offence on the facts disclosed in the police report and pass an appropriate order. In the case of Solicitor, Govern..Category: Criminal Law | Date: | Hits: 86
Shahnaj Begum Munni Vs. State and another, 2011, 40 CLC (HCD)
.... the Metropolitan Sessions Judge, Chittagong are quashed. Let a copy of this judgment be immediately transmitted to the Court below. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 279....... the Metropolitan Sessions Judge, Chittagong are quashed. Let a copy of this judgment be immediately transmitted to the Court below. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 279.......nnot proceed with the case pending in the Court below and that being so, the proceedings of the case are liable to be quashed. 4. Mr. Md. Khurshid Alam Khan, however, candidly concedes that in the facts and circumstances of the case, there may be some ingredients of cheating as defined in section..Category: Criminal Law | Date: | Hits: 120
AKM Mazharul Haq Chowdhury Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....directed to reinstate the petitioner in service within 30 days of receipt of copy of this judgment with back wages and other benefits. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 274. ......ther stated that the petitioner was granted optional retirement under section 9(2) of the Act and the impugned order was passed in public interest and not intended to form any punishment and that the question of violation of any of the petitioner's constitutional rights does not arise. It is further...... in the service of the Armed Forces since 1st February, 1976 making his total period of service well over 25 years. It has been further stated that the petitioner is guilty of suppression of material facts since he concealed the period that he was working with the Armed Forces and that his actual pe..Category: Employment/Service Law | Date: | Hits: 157
Sekandar Spinning Mills Ltd. Vs. Commissioner, Customs Excise and VAT and others, 2011, 40 CLC (HCD)
....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.......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.......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..Category: Fiscal/Taxation Law | Date: | Hits: 196
Jalil and another Vs. Chairman, Court of Settlement and another, 1991, 20 CLC (HCD)
....ned property. The respondents are directed to put the petitioners in possession of the said house within 3(three) months from date. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 288.......For the Petitioners. Fakhrul Islam, Assistant Attorney General ‑ For the Respondent No.2. Writ Petition No. 1602 of 1988. Judgment Md. Abdul Jalil J. - This rule calls in question the judgment and order dated 9.5.88 passed by the Court of Settlement in Case No. 519/87(Ka...... 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..Category: Property Law | Date: | Hits: 90
State Vs. Abul Khair & 2 others, 1992, 21 CLC (HCD)
....Reference No. 1 of 1985 accepted as per judgments delivered by my learned brothers, Md. Abdur Rouf and Syed Fazle Ahmed, JJ. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 284. ...... in Criminal Appeal No. 42 of 1985 under sections 302/34 of the Penal Code. Under the order of the learned Chief Justice the matter has, therefore, been referred to me for disposal. 2. The main question which is involved in this case is whether the appellants Mosharraf Hossain and Mainuddin sh......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..Category: Criminal Law | Date: | Hits: 116
Commissioner of Taxes, Dhaka Vs. MA Hossain & Co., 1992, 21 CLC (HCD)
....cting the appeal on the ground of limitation we answer the question in the negative. The parties are to bear their own costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 282.......dgment AM Mahmudur Rahman J. -By this application under section 160(1) of the Income Tax Ordinance, 1984 read with section 66 of the Income‑Tax Act, 1922 the applicant preferred the following question of law for our decision: ‘‘Whether the Taxes Appellate Tribunal is justified in h......cting the appeal on the ground of limitation we answer the question in the negative. The parties are to bear their own costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 282...Category: Procedural Law | Date: | Hits: 103
Dr. Sultan Ahmed Vs. AKM Fazlur Rahman and others, 1989, 18 CLC (HCD)
.... the court below are hereby affirmed. Order of stay passed by this Court earlier is vacated. Send down the LC records immediately. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 281. ......ny evidence in support of his stand that he had some sort of right and title over the suit property; rather prima facie it appears that the plaintiffs are the owners and possessors of the property in question. Only the verbal assertion that the defendant paid Tk. 500.00 and he got possession of the ......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..Category: Property Law | Date: | Hits: 108
Abdul Khaleque Vs. Court of Settlement and others, 1991, 20 CLC (HCD)
....lawful authority and the same are of no legal effect. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 273.......xes were duly paid by the petitioner. The Govt. also issued a clearance certificate to that effect on 7.4.78. The petitioner asserts that while he was in peaceful possession of the demised holding in question he was evicted by some miscreants taking advantage of the lawless condition of the country ...... 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..Category: Property Law | Date: | Hits: 90
Ramizuddin and others Vs. Abdul Hamid, 2009, 38 CLC (HCD)
....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.......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.......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..Category: Procedural Law | Date: | Hits: 108
Abdul Kabir Vs. State, 1998, 27 CLC (HCD)
....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. ......to the Act, that Bench has also observed that this inclusion of that section also shows that the offence under the schedule must be relatable to a public servant. 5. Before we give our view on the question raised in this Rule, it will be convenient to re-produce sections 4, 5 and 6 of the Anti-Co......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..Category: Criminal Law | Date: | Hits: 109
Rustom Ali (Md.) Matubbar alias Alam Vs. Mohammad Salahuddin and another, 1998, 50 CLC (HCD)
....the Rule is devoid of substance and the same, thus, fails. In the result, the Rule is discharged. Order of stay stands vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 301. ......A consideration justifying the exercise of inherent power varies from case to case. The jurisdiction ought not to be engaged within the strait jacket of a rigid formula. If the criminal proceeding in question is in respect of an offence alleged to have been committed by an accused person and it mani......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..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. ......al given by the petitioner as in the supplementary affidavit filed on 25-7-2010, to be more particular in paragraph 2 of the said supplementary affidavit, is reasonable and acceptable. 9. The only question that faces this Division is whether in terms of Rule 12(1) of the VAT Rule, 1991, clearing ......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. ..Category: Fiscal/Taxation Law | Date: | Hits: 269
Nuru Miah and others Vs. State, 2011, 40 CLC (HCD)
.... 16(sixteen) years released from the Jail immediately, if not wanted in any other case. Send down the lower Court record at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 242.......dence and is used against the accused." And "The recording Magistrate is bound to make a real and substantial inquiry as to voluntariness of the confession, in doing so, the Megistrate must put questions to the confessing accused to find out if the confession is made out of repentance or for a...... 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 ..Category: Criminal Law | Date: | Hits: 112
Abdul Jalil & other Vs. Islami Bank Bangladesh Ltd. and others, 2011, 40 CLC (AD)
....th the impugned judgment of the High Court Division. In the result, the appeal is dismissed on contest without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 107....... and other learned Advocates for the respondents have made submissions to the effect that no fraud was at all committed by the defendants in the earlier suit, that in the earlier suit one of the main questions raised was what quantum of land the CS Plot No. 371 contained and that both the trial Cour......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 ..Category: Procedural Law | Date: | Hits: 108
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