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Talebur Rahman alias Taleb and 2 others Vs. State, 1994, 23 CLC (HCD)
....of search and seizure of arms was raised and the learned judge of the Single Bench while acquitting the accused from the charge under section 19A and 19(f) of the Arms Act dealt with and elicited the provision of section 103 CrPC as follows: “The object of the provision of section 103 CrPC is t......ble and satisfactory evidence and, therefore, we hold that the conclusion arrived at as to the guilt of the accused appellants by the learned trial Court is erroneous and hence cannot be sustained in law. 20. In the result, the appeals are allowed and the judgment and order of conviction and sent..Category: Criminal Law | Date: | Hits: 74
Amir Hossain Dhali and other Vs. State, 1997, 26 CLC (HCD)
....ty forthwith, if not wanted in connection with any other case. Appellant Amir Hossain Dhali is discharged from his bail bond forthwith. Ed. This Case is also Reported in: 49 DLR (HD) (1997)163. ......und of failure of the prosecution to prove the case against the accused persons on the basis of evidence of reliable and competent witnesses. He submits that the trial court has committed an error of law in relying on the evidence of the P.Ws.1, 2, 5 and 7, who are all interested witnesses. He furth..Category: Criminal Law | Date: | Hits: 85
....l these Rules have been obtained by the Requiring Body against the awards of compensation for acquired lands arising out of six arbitration cases.
2. Government had acquired in accordance with the provision of Acquisition and Requisition of Immovable Property Act of 1982, hereinafter referred to ....... We reject the submission on the ground that the proviso was inserted by Act 20 of 1994 effective from 1‑12‑94 whereas the land in question was acquired in the year 1967‑88. It is an universal law that a retrospective operation is not to be given to a statute so as to impair an existing right..
Category: Property Law | Date: | Hits: 84
Nasiruddin (Hazi Md.) Vs. Md. Mozammel Hossain and others, 2010, 39 CLC (HCD)
....spose of the appeal within two months from the date of receipt of this order. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 303. ...... below. In such case the transfer petition should be rejected in limini. Therefore, the Court below after appreciating the materials on record by rejecting the transfer petition committed no error of law. 8. Moreover, the impugned judgment and order in its entirety is well founded in the facts an..Category: Procedural Law | Date: | Hits: 108
Jahangir Alam and others Vs. State, 2011, 40 CLC (HCD)
....d from their respective bail bonds. Send down the lower court record together with a copy of the judgment to the Court below at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 294.......of the present case by the informant without prior permission of the Commission by violation of rule 16(2) of the Anti-Corruption rules therefore the initiation and subsequent conviction is without lawful authority as well as without jurisdiction thus the impugned judgment is liable to be set asid..Category: Criminal Law | Date: | Hits: 142
Global Access Ltd. Vs. Bangladesh and others, 2003, 32 CLC (HCD)
....ty. So, we do not find anything which can be considered as mala fide. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 433....... to the respondent No.8 (Optalgio Limited) arising from the impugned Tender Document No.19 of 2002‑2003 issued by the respondent No.7 (Annexure‑B) should not be declared to have been made without lawful authority and is of no legal effect and/or such other or further order or orders passed as to..Category: Others | Date: | Hits: 174
....i PS Case No.26(12)2002 under section 19(ka) of the Arms Act has been initiated and in that case the police after investigation has submitted charge-sheet and that case will be tried according to the provision of law and if found guilty the detenu, will be punished under the Arms Act but that crimin......itution arises out of an order of detention dated 24‑12‑2002 made by the District Magistrate, Dhaka.
2. The petitioner is the wife of the detenu. The petitioner has stated that the detenu is a law abiding citizen of Bangladesh and a Physician by profession. The detenu passed the MBBS from the..
Category: Criminal Law | Date: | Hits: 104
Mohammadullah and others Vs. Md. Shamsul Alam alias Md. Alam, 2002, 31 CLC (HCD)
....en on it." Rule 2 of Order V of the Code is as under: "Every summon shall be accompanied by a copy of the plaint or, if so permitted, by a concise statement". From a reading of the above two provisions to me that copy of the plaint is an integral part of the summons. In other words, to cons......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 judgment. ..Category: Procedural Law | Date: | Hits: 100
Insab Ali (Md.) Vs. Magistrate (Abu Zafar) Jessore and others, 2010, 39 CLC (HCD)
....ared a seizure list on the direction of the respondent No.1, the Magistrate, Satkhira and deposited the same to the respondent No.3 the Assistant Commissioner, Customs, Satkhira without following the provisions of law which the impugned seizure is illegal and the same has been done without lawful au......and 3800 litres diesel from the Serial Nos. 43, 44, 45 and 46 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 petit..Category: Criminal Law | Date: | Hits: 94
Iqbal Hasan Mahmood Vs. State, 2008, 37 CLC (HCD)
....pearing on behalf of the respondent No. 2-ACC submits that the convict-appellant was convicted under the Anti-Corruption Commission Act, 2004 and the Emergency Powers Rules, 2007 and that there is no provision for granting bail by the High Court Division in a pending appeal. Mr. Khan submits that th......ant in favour of the state alleged to be disproportionate to his legal source of incomes. 3. After the declaration of the state of Emergency on 3rd February, 2007 the appellant was arrested by the law Enforcing Agency. On 18th February, 2007 when the appellant was in the custody, the secretary ..Category: Criminal Law | Date: | Hits: 125
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. ......9. In this respect he argues that the Court will help the vigilant but not the indolent. His last submission is that the impugned judgment and order passed by the lower appellate Court being based on law should not be interfered with by this Court. 9. We should confine ourselves within the ambit ..Category: Civil Law | Date: | Hits: 229
Yasinullah Vs. State, 2003, 32 CLC (HCD)
....roceeding only and not with police investigation. In support of his contention he cited the case of Bangladesh Vs. Tan Kheng Hock reported in 31 DLR (AD) 69. In that case it was held that there is no provision in the Code conferring power upon the High Court to interfere in a case at investigation s......desperate in nature in the locality and accused persons are always trying to take revenge against the informant party. It was further alleged that on 10‑2‑1999 the accused persons by forming an unlawful assembly attacked the house of the informant and when they raised hue and cry the accused per..Category: Criminal Law | Date: | Hits: 86
AKM Mazharul Haq Chowdhury Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....was in the midst of service and discharging his duties sincerely and diligently suddenly he was compulsorily retired from service vide the impugned order Annexure 'A' by the Respondent No.5 under the provisions of section 9(2) of the Public Servants (Retirement) Act, 1974. It is further stated that ......akim J.- Rule Nisi was issued calling upon the respondents to show cause as to why the impugned order (Annexure A) issued by the respondent No.5 should not be declared to have been made without any lawful authority and is of no legal effect and why a declaration shall not be made that the petition..Category: Employment/Service Law | Date: | Hits: 157
Sekandar Spinning Mills Ltd. Vs. Commissioner, Customs Excise and VAT and others, 2011, 40 CLC (HCD)
.... not permit the VAT authority to take any action on the instruction of the Local Audit Agency who is not an authority under section 20 of the VAT Act and any demand should be claimed by following the provision of section 55 of the VAT Act, as such, the impugned action of the respondent is wholly wit...... goods and the impugned adjustment of Taka 10,90,585 made page at 72 of the VAT Register of the petitioner without any show cause under section 55 of the VAT Act, should not be declared to be without lawful authority and is of no effect and why they should not be directed to re-adjust the said amoun..Category: Fiscal/Taxation Law | Date: | Hits: 196
State Vs. Abul Khair & 2 others, 1992, 21 CLC (HCD)
....motor cycle immediately after the shooting of the chairman by the condemned prisoner. In order to attract section 34 it is not necessary that any overt act must be done by the particular accused. The provision shall be applicable if it is established that the criminal act has been done by any one of......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. ..Category: Criminal Law | Date: | Hits: 116
Commissioner of Taxes, Dhaka Vs. MA Hossain & Co., 1992, 21 CLC (HCD)
....e excluded in reckoning the period of limitation. He submits that as the order of the Appellate Joint Commissioner was communicated on 4.2.86 the appeal filed on 5.4.86 was within time in view of the provision of s.12 of the Limitation Act and the Tribunal was not justified in holding that the appea...... 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 holding that ..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. ......laintiff Serajul Islam who signed it on behalf of other plaintiffs. So, if the notice is considered along with Ext.7, it appears that the notice was legally issued by the plaintiffs as required under law and there is no lacuna in issuance and service of the notice under section 106 of the Transfer o..Category: Property Law | Date: | Hits: 108
Abdul Khaleque Vs. Court of Settlement and others, 1991, 20 CLC (HCD)
....s. 5. It is argued by Mr. MI. Farooqui, the learned Advocate for the petitioner that the judgment and order of the Court of Settlement is highly erroneous and stands in direct conflict with the provisions of law, and as such the same is not sustainable in law. He also argued that in considerin......2‑H/6‑14, Mirpur Housing Estate, Dhaka in the 'K' list published on September 23, 1986 in Bangladesh Gazette Extraordinary as abandoned property should not be declared to have been passed without lawful authority and to be of no legal effect. 2. The respondent Nos.2 and 3 appeared and have..Category: Property Law | Date: | Hits: 90
Ramizuddin and others Vs. Abdul Hamid, 2009, 38 CLC (HCD)
....quential relief. 6. The learned Assistant Judge heard the application for rejection of plaint and rejected the plaint by order dated 25-5-1998 holding inter alia that the suit was barred under the provision of section 93 of the Town Improvement Act and section 44 of the Acquisition and Requisitio......দাখিল করিতে পারিবেন। নিম্ন আদালতের নথী ফেরত পাঠান হউক।” Without application of mind with the facts and law of the case and thereby, committed error of law resulting in the error in the decision occasioni..Category: Procedural Law | Date: | Hits: 108
Abdul Kabir Vs. State, 1998, 27 CLC (HCD)
....ure for quashing the proceedings of the said case on the ground that an FIR lodged under section 4(1) and section 5(1) of Anti-Corruption Act, 1957 against a private person is not maintainable as the provisions of these sections have no manner of application against a private person. 3. From the ......served as follows: “Further, objects and reasons of the bill should be considered in juxtaposition with the provisions of the Anti-Corruption Act. If we do this, it clearly appears that this new law and the reasons and purposes of the bill are connected with the public servants in the commissio..Category: Criminal Law | Date: | Hits: 109
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