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Government of Bangladesh Vs. Anis and Co. and others, 1991, 20 CLC (AD)
....ginal documents from the supplier were not received at the Lime of the submission of those bills of Entry. Those were accepted for Customs assessment and after paying the requisite customs duties and charges the importer cleared 4000 metric tons of cement with an undertaking to produce the original ......peals are dismissed without any order as to costs. Order of the Court By majority decision the appeals are allowed without cost. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 65. ..Category: Business or Commercial Law | Date: | Hits: 130
Abdul Mannan and others Vs. State, 1992, 21 CLC (AD)
....ara and other valuable articles worth about Tk. 9,910/‑ Upon information lodged by PW 1 to the local police station on the following day police took up investigation of the case and submitted charge sheet against the appellants under sections 448/380/307 of the Penal Code. 4. At the ......ult, therefore, the appeal is allowed and the order of conviction and sentence passed against the appellants is set aside. They may now be released from their respective bail bonds. Ed. ..Category: Criminal Law | Date: | Hits: 60
Aminul Islam Vs. Mujibur Rahman and others, 1992, 21 CLC (AD)
.... Facts of the case, briefly, are that upon a complaint filed by the father of the appellant, Md, Ali Akbar (since deceased) to the Upazila Magistrate, Sadar, Mymensingh, the Officer‑in‑charge, Kotwali P.S. investigated into the matter and submitted a report in Non FIR Case No. 50 dat...... In the result, therefore, the appeal is allowed and the impugned judgment of the High Court Division is set aside. Ed. This case is also reported in: 45 DLR (AD) (1993) 09 ..Category: Criminal Law | Date: | Hits: 53
Hazrat Ali and others Vs. The State, 1992, 21 CLC (AD)
....d Hazrat Ali implicated co‑villager Abul Kalam and Zahura Khatun's sister's husband Manju and another sister's husband Abdur Rahman. Police after investigation dropped those persons from the charge‑sheet and submitted charge sheet against the three accused appellants. 3. The d......step‑mother along with co‑accused Abdul Khaleque and in pursuance of that conspiracy murder took place and as such relying on his incriminating statements he can be safely convicted for abetment of murder of Zahura Khatun under sections 302/109 of the Penal Code. 13. Accused Sh..Category: Criminal Law | Date: | Hits: 69
Fazar Ali Vs. Sikandar Ali, 1992, 21 CLC (AD)
....en if this case be taken to be covered purely by the principles of Muhammadan Law, formal delivery of possession to a minor donee is not required only when the father or guardian or the person in charge of the minor makes a gift in the minor's favour". This decision of the Sup......y reasons whatsoever. Accordingly, the judgment and decree passed in Second Appeal is set aside and the suit is decreed. Thus appeal is allowed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 56
Nasrin Kader Siddiqui Vs. Bangladesh and others, 1992, 21 CLC (AD)
....against the detenu or of any conviction in any such case, and that she believed that there was no such case. On an information slip filed by the father of the detenu with the officer‑in‑charge of the Record Room of Tangail to know what were the papers and documents in support of the ......er of warrant of commitment in custody. Hence, the order of detention is without any lawful authority, and on that score alone the detention of the detenu is liable to be set aside. Ed. ..Category: Constitutional Law | Date: | Hits: 365
Babor Ali Molla and others Vs. State, 1992, 21 CLC (AD)
....stigation on 2.9.82 Md. Ejahar Ali, a non‑appealing accused, made a confessional statement before PW 12 SM Jahrul Islam, Magistrate, 1st Class, Jessore. After completion of the investigation charge sheet was submitted against the four accused ‑appellants along with the confessing acc......t and order of the High Court Division are set aside and the appellants are acquitted. Let the appellants be set at liberty forthwith if not wanted in connection with any other Case. Ed. ..Category: Criminal Law | Date: | Hits: 68
BD Jatiya Matshajibi Samabaya Samity Ltd. Vs. Chairman, Labour Court, Ctg & anr.,1976, 5 CLC (AD)
....by Chairman, Labour Court, Chittagong directing re-instatement of respondent No. 2 in his post under the petitioner with all back wages and benefits attached to the same. The High Court Division discharged the Rule issued earlier thus upholding the order passed by the Labour Court. 2. Sho......med the order of the Labour Court is set aside. The order of the Labour Court is also set aside and the petition of Respondent No. 2 is dismissed. There will be no order as to costs. Ed. ..Category: Labour and Industrial Law | Date: | Hits: 144
FM Rashiduzzaman Vs. Bahauddin Ahmed and another, 1976, 5 CLC (AD)
.... category mentioned in section 197, Cr. P. C. is entitled to protection under the section before any evidence whatsoever is let in, suggesting that the said public servant was engaged in the discharge of an official duty; and (2) Whether any and every act done or committed by such ......ible for the loss of the promising life cannot be prosecuted as the said officer Bahauddin acted in the discharge of his official duty. In the result the appeal is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 66
Tozammel Hussain Chowdhury Vs. State, 1976, 5 CLC (AD)
....ant Tozammel Hossain along with 17 others was placed on trial before the Additional Sessions Judge, 1st Court, Sylhet in connection with an occurrence involving two deaths by gun shot injuries. Two charges, one under section 148 and another under section 302/149 of the Penal Code were framed agai......ng so the High Court committed no illegality. In the result the appeal stands dismissed. The appellant is directed to surrender to his bail to serve out the sentence. Ed. ..Category: Criminal Law | Date: | Hits: 57
M.A. Zaher and others Vs. Mainuddin Ahmed and another, 1976, 5 CLC (AD)
....how that the appellant acted in a manner rendering assistance to the administration of justice. 14. The next contention is that the principal contemnors, the Chairman having been acquitted of the charge of contempt of court it necessarily follows that no offence of contempt of court was committe......ary, but on the excuse that he was asked by the Chairman not to receive any letter addressed to the Chairman, he declined to receive the notice. 11. The High-Court has convicted the appellant for abetment of the offence of contempt of court. The High Court has observed that the appellant should ..Category: Civil Law | Date: | Hits: 142
Sirajuddin alias Siraj Vs. The State, 1976, 5 CLC (AD)
.... 149 of 1969.) Judgment: Kemaluddin Hossain, J.—The appellant along with another, not before us, was placed on trial before a Magistrate, 1st Class, Tangail to answer two charges, one under section 457 and the other under section 380 of the Penal Code. 2. The pr......e find no reason for reversal of the decisions of courts below and hence dismiss the appeal. The appellant must now surrender to his bail and serve out the remainder of the sentence. Ed. ..Category: Criminal Law | Date: | Hits: 74
Commissioner of Income-Tax, Dacca Zone, Dacca Vs. M/S. Ata Hossain Khan Ltd., 1975, 4 CLC (AD)
....s in question on the basis of the rate of a preceding year. Learned Counsel has argued that the basis of the action of the Revenue Authorities and the Tribunal merely on the ground of low profits charged by the assessee for the relevant and the absence of a stock register was wholly. 14. I......that this appeal is allowed with costs and the judgment and order of the High Court are set aside and that of the Appellate Tribunal restored. Ed. This Case is also Reported in: 28 DLR (AD) 141...Category: Fiscal/Taxation Law | Date: | Hits: 164
Abul Hossain & ors. Vs. The State and anr., 1976, 5 CLC (AD)
....hich was heard and disposed of by a Single Bench of the High Court, Dacca. The order of conviction and sentence against the accused-petitioners was set aside, they were found not guilty of the charge under section 379 of the Penal Code and the Rule was made absolute holding, inter alia, that......e learned counsel on the facts and circumstances of the case, there arises no question for review of the decision of this Division. In the result, the petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 66
Bangladesh Vs. Mohd. Abdur Razzak and another, 1976, 5 CLC (AD)
....Chetty 561.C. 948, and Shantanand Vs. Basadevanand 52 Allahabad 619 AIR 1930 Allahabad 225. The learned Judges mostly relied oh the cases of Banamali Sen and Shantanand. The Rule was discharged. 5. The then province of East Pakistan obtained leave against the said order of......l subsist subject to the prior lien or charge of the Government and in accordance with the observation made herein. The appeal is allowed but without any order as to costs. Ed. ..Category: Civil Law | Date: | Hits: 103
Abdul Quader Chowdhury and others Vs. The State, 1976, 5 CLC (AD)
.... allowed the Firm to mix earth and dust in the cod and to give delivery of lesser quantity. Assistant Inspector, Anti-Corruption himself took up investigation of the case and on 15-5-69 submitted a charge-sheet against the appellants under section 417-109 of the Penal Code and section 5(2) of Act ......section 561A. These appeals are accordingly dismissed. The records be sent down immediately for expeditious disposal of the case. Ed. This Case is also Reported in: 28 DLR (1976) (AD) 38. ..Category: Anti-Corruption Laws | Date: | Hits: 225
Abdur Razzaque & anr Vs. The State, 1976, 5 CLC (AD)
....e of the requirements of section 342, Criminal Procedure Code and whether the appellants have been prejudiced thereby. 2. Appellants Abdur Razzaque and Altaf Hossain were put on trial on the charge that they kept in their possession some arms and ammunitions without&......that the High Court Division rightly held that the accused, namely, the appellants had not been prejudiced in any manner. In the result, the appeal is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 64
The Com. of Income-tax Chittagong zone, Ctg. Vs. M/s Everett Orient Line Corpn, 1976, 5 CLC (AD)
.... Income Tax Appellate Tribunal should not be directed to refer the aforesaid question of law to the High Court for decision but after hearing the parties the learned Judges were pleased to discharge the Rules holding that the common question is covered by the decision of the Supreme Court of......ght in so far it allowed the three assessees' initial depreciation under s. 10(2)(vi) of the Act. We find no reason to interfere. All the three appeals are dismissed with costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 134
Government of Bangladesh & ors Vs. M/s. Samir & Co, 1976, 5 CLC (AD)
.... that decision also and has drawn our attention to the following observation of the learned Chief Justice :— "The question of jurisdiction does not depend on the truth or falsehood of the charge, but on its nature; it is determinable on the commencement, not at the conclusion, of the en......ct, and therefore no question of irregular exercise of jurisdiction does arise in this case. The result therefore is that this appeal is dismissed but there shall be no order as to costs. Ed. ..Category: Alternative Dispute Resolution | Date: | Hits: 258
Golam Hafez Mia Vs. Khadem Ali Meah, 1977, 6 CLC (AD)
....ict in which the certificate is filed, shall be void against any claim enforceable in execution of the certificate, and that the amount due from time to time, in respect of the certificate shall be a charge upon the immovable property of the certificate debtor, wherever situated. The notice form......s of the arrival of the records in the court below, shall be dismissed with cost. The cost of this appeal shall abide the result of the suit. Ed. This Case is also Reported in: 29 DLR (SC) 311. ..Category: Property Law | Date: | Hits: 82
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