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Yasinullah Vs. State, 2003, 32 CLC (HCD)
....e the Magistrate, Balaganj. 4. It is submitted that the impugned proceeding arising out of 2nd first information report is nothing but an abuse of process of the court and for securing the ends of justice the same is liable to be quashed. It is further submitted that at the time of recovery of th......d under section 561A of the CrPC. It will be up to the Court to decide which one of 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. ......r Vs. State………………………………………………………………………..Respondents Judgment January 6, 2003. Result: The Rule is discharged. Cases Referred to- Md. Golam Mortuza Vs. State, 28 DLR 115; Ali Akkas Vs. Enayet Hossain and others, 1997 BLD (A......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)
....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. ......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. ......ury……………………Petitioner Vs. Bangladesh and others……………………Respondents Judgment February 10, 2010. Result: The Rule is made absolute. Cases Referred to- Mamun-ur-Rashid Vs. the Government of Bangladesh, 57 DLR 100; Bangladesh Biman Corporation Vs......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)
....d the Audit Team. The petitioner sought immediate relief to cancel the arbitrary adjustment made by the respondent No.3 but no result. 10. Thereafter the petitioner served a notice for demanding justice through his lawyer Mr. Tanjibul Alam on 30-4-2006 to the respondents for withdraw of the imp......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....... High Court Division (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J SM Emdadul Hoque J Sekandar Spinning Mills Ltd………………Petitioner Vs. Commissioner, Customs Excise and VAT and others………………Respondent Judgment February 9, 2011. Resul...... 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)
....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. ......nion, they have been rightly convicted and sentenced by the learned Additional Sessions Judge under sections 302/34 of the Penal Code. 13. Agreeing with my learned brother, Md. Abdur Rouf, J I, accordingly, dismiss Criminal Appeal No. 42 of 1985 and confirm the conviction and sentence of the a...... 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 Referred to- Tukaram Ganpat Pandare Vs. State of Maharashtra, AIR 1974 SC 514; Barendra Kumar Ghosh Vs.......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)
....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.......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.......e question in the negative. The parties are to bear their own costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 282....... 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)
....ed the documents and evidence legally and passed a decree in favour of the plaintiffs. I do not find that the learned trial Court has committed any error of law in its decision occasioning failure of justice and as such it is not required by this Court to interfere with the judgment and decree of th...... 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. ......titioner. M Baziur Rahman Talukdar, Advocate ‑For the Opposite parties. Civil Revision No. 1347 of 1989 Judgment Mozammel Haque J. -This Rule was issued directing the opposite‑parties to show cause as to why the judgment and decree dated 18.9.89 passed by the learned Subordinate Judg......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)
....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.......rt of Settlement found that the petitioner was not a citizen of Bangladesh and further that in view of the publication of the petitioner's property in official Gazette as an abandoned property which, according to him conclusively proved that the property in question was an abandoned property and suc...... Mainur Reza Chowdhury J Abdul Khaleque....................... Petitioner. Vs. The Court of Settlement and others ……………………..Respondents. Judgment October 22, 1991. Result: The Rule is made absolute. Case Referred to- Mukhtar......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)
....ত 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 occasioning failure of justice. The learned Advocate further submits that the impugned order passed by learned Appellate Ju......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.......Respondents-Petitioners Vs. Abdul Hamid……………………….Plaintiff-Appellant-Opposite Parties Judgment August 4, 2009. Result: The Rule is made absolute. Cases Referred to- Abdur Rahman, 46 DLR 116; 25 DLR 97; 32 Calcutta page 244; 41 DLR 168; Md. Badruddin Moral Vs......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)
....struction of the new law as shall suppress such mischief and advance the remedy provided by the new law. 15. Rules of interpretation have been formulated by the judiciary to prevent miscarriage of justice and also to secure justice to the litigant. It is never the object of the rules of interpret......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. ......e J Md. Hamidul Haque J Abdul Kabir………………Appellant Vs. State………………Respondent Judgment April 1, 1998. Result: The Rule is discharged. Cases Referred to- Abul Basher Vs. State, 47 DLR 521; Shantosh Bhushan Das Vs. the State, 4 BLT (AD) 58; Mostafi......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
Rustom Ali (Md.) Matubbar alias Alam Vs. Mohammad Salahuddin and another, 1998, 50 CLC (HCD)
....e inherent power of the Court to make such order as may be necessary to give effect to any order under this Code, or to prevent abuse of it the process of any Court or otherwise to secure the ends of justice. The expression “quashing of proceeding” is one of compendious connotation but its pract......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. ....... This Case is also Reported in: 50 DLR (HCD) (1998) 301. ......versal of the order initiating the proceeding. This Rule has its source in the maxim quado lex aliquid alicui concedit, concoders videtur id sine quo ipsa esse non potest which means that “when the law gives anything to anyone it gives also all those things without which the thing itself would not..Category: Criminal Law | Date: | Hits: 112
MJL Bangladesh Ltd. Vs. Commissioner, Customs Excise and VAT and others, 2010, 39 CLC (HCD)
....er company, as we found from the supplementary affidavit, is willing to pay and settle with the respondents all its outstanding dues which we have already discussed, we are of the view that ends of justice would be met if the respondents are directed to register the new name of the company MJL Ban......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. ......rt High Court 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: ......ng পত্র নং ৪র্থ/এ(১২)৫৫/মুসক-বিবিধ/২০০৬/১৮২০ issued by respondent No.1 (Annexure-F1) should not be declared to have been issued without lawful authority and is of no legal effect. 3. Background leading to this Writ Petition, in short..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....... 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....... and others……………………………Appellants Vs. State……………………………Respondent Judgment March 10, 2011. Result: The appeal is allowed. Cases Referred to- Abdus Salam Mollah Vs. State, 13 MLR (AD) 268; Ustar Ali Vs. State, 18 BLD (AD) 42 = 3 BLC (A......lling down on the bed from sitting condition. She found blood, beside the right hand and cut on his waist. She pressed the injured place by her ‘sharee’ and 'blouse' and thereafter his brother-in-law Ohid Miah came to the room and asked her about the occurrence. In the meantime, so many neighbou..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.......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.......hmed 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 dismissed. Cases Referred to- Sreemati Pushapa Ran......d in that suit and filed an application under Order 7, rule 11 read with Order XIV, rule 20 of the Code of Civil Procedure praying for rejection of the plaint or in the alternative for hearing of the law points first. The learned Subordinate Judge, by the order dated 27-7-1999, rejected the said app..Category: Procedural Law | Date: | Hits: 108
Major (Retd.) M Khairuzzaman Vs. State, 1997, 26 CLC (HCD)
....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.......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.......isdiction) Present: Md. Mozammel Hoque J Md. Awlad Ali J Major (Retd.) M Khairuzzaman…………………Petitioner Vs. State……………………Opposite Party Judgment October 30, 1997. Result: The Rule is made absolute. Lawyers Involved: Mahabubur Rahman, A......e above, we find that the objection raised by the learned Deputy Attorney-General has no substance and we hold that this application is maintainable. 6. Mr. Mahabubur Rahman submits that he is the lawyer of the present petitioner who is an accused in jail killing case, namely, Lalbagh PS Case No...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.......a 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. Sri Ram, AIR 1946 All. 139; Ramdeo ...... 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. Sri Ram, AIR 1946 All. 139; Ramdeo Vs. Messers B Chand, AIR 1962 Raj 164. L......d Advocate for the defendant-respondents, on the other hand submits that since the plaintiff-respondents had to file the cases in order to safeguard and protect their interest there was no warrant in law or in fact for the defendant-respondents to compensate the defendant-appellant for filing those ..Category: Property Law | Date: | Hits: 144
....stered without any lawful authority and is of no legal effect so far it relates to the property of deed of Endowment dated 25-9-1903.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 273.
......stered without any lawful authority and is of no legal effect so far it relates to the property of deed of Endowment dated 25-9-1903.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 273.
......ic of Bangladesh, represented by the Secretary Ministry of Industries, and others………………Respondents
Judgment
March 25, 1998.
Result:
The Rule is made absolute.
Case Referred to-
Shuk Deb & another Vs. Province of East Pakistan, 22 DLR 245.
Lawyers Involved:
MI ......cause as to why the execution and transfer of the property of the petitioner’s deity by the respondent Nos. 1-3 in favour of the respondent No.4 should not be declared to have been done without any lawful authority and to be of no legal effect or such other or further order or orders passed as to ..
Category: Property Law | Date: | Hits: 85
....able in law. Accordingly, the Rule succeeds and it is made absolute without any order as to costs.
Send down the LC records at once.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 271.......able in law. Accordingly, the Rule succeeds and it is made absolute without any order as to costs.
Send down the LC records at once.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 271.......an alias Ganda being dead his heirs: 1(a) Md. Abdul Barik and others……………………Opposite Parties
Judgment
February 4, 1998.
Result:
The Rule is made absolute.
Case Referred to-
Kazi Motiur Rahman and others Vs. Bin Islam, 43 DLR 128.
Lawyers Involved:
Md. Reza-e-M......ocates for the parties and the learned Assistant Judge, who tried the suit, missed this vital point which determines the jurisdiction of the Court.
7. The jurisdiction of the Court is conferred by law and it never depends upon the consent of the parties. It is thus evident that the learned Assist..
Category: Property Law | Date: | Hits: 86
Ansarul Hoque Vs. Agrani Bank, 1997, 26 CLC (HCD)
.... 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....... 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....... J Ansarul Hoque…………………Plaintiff Vs. Agrani Bank…………………Defendant Judgment December 10, 1997. Result: The applications are disposed of with a direction to return the plaints. Cases Referred to- Muhammad Abdulah Sufi Vs. Muhammad Box & Sons, P...... suit; that Court may either entertain the suit and try it or require the plaintiff to obey section 15 and return the plaint. There is no doubt that this decision correctly enunciates the position of law as to the adoption of summary procedure on negotiable instruments and the choice of the plaintif..Category: Procedural Law | Date: | Hits: 92
Mahbub Alam Vs. Commissioner, Customs, Excise and VAT, Sylhet and others, 2010, 39 CLC (HCD)
....dgment and order to the Special Tribunal concerned for necessary action and the Respondent No.1 for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 395. ......dgment and order to the Special Tribunal concerned for necessary action and the Respondent No.1 for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 395. ......reme Court 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, 201......2003 corresponding to GR Case No.103 of 2003 under section 25B of the Special Power Act, 1974 in relation to seizure list made by the Customs Officers, should not be declared to have been continued unlawfully and without jurisdiction and/or such other or further order or orders passed as this Court ..Category: Fiscal/Taxation Law | Date: | Hits: 177
Niranjan Malaker & another Vs. State, 2009, 38 CLC (HCD)
....the existence or non-existence of a fact to prove the guilt of a person, the golden rule of benefit of doubt, to an accused person, which has been a dominant feature of the administration of criminal justice in this country with the consistent approval of the superior Courts, will be reduced to a na......erty forthwith if not required to be detained in any other connection. Send down the LCR with a copy of this Judgment at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 387. ......jan Malaker & another…………………….Appellants Vs. State………………………Respondent Judgment April 12, 2009. Result: The appeal is allowed. Cases Referred to- State Vs. Monu Meah, 6 BLC 402; Ramzan Vs. the State, PLD 1961 (P.W.) Lahore 167; Dinanath Su......mple perusal of the confessional statement quoted above, it appears that the accused Niranjan Malaker did not implicate himself in the alleged murder. No overt act was pleaded even. Therefore, as per law, we must hold that the confession made by accused Niranjan Malaker is exculpatory in nature. Thi..Category: Criminal Law | Date: | Hits: 75
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