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State Vs. Shahidul Islam alias Shahid and others, 2006, 35 CLC (HCD)
....been lodged, one by victim's father being Gulshan PS case No. 73(4) 98, and the second one being Gulshan PS Case No. 12(9) 98 lodged by himself (PW 1). In lodging the second case he consulted all the relevant documents of the first case. He has gone through the statements made by the condemned-priso......onducting rest of the investigation. 58. PW 15, in cross-examination, stated that he had sent to the CID a requisition for collecting foot prints and hand prints of the offenders. All the relevant papers of Gulshan PS Case No. 73 dated 24-4-1998 including post mortem report, seizure lists etc. ha......diction) Present: Md. Ali Asgar Khan J Md. Emdadul Huq J State…………………………………………………………………..Petitioner Vs. Shahidul Islam alias Shahid and others …………..Condemned-Prisoners. Judgment July 10, 2006. Cases Referred to- ......ed, one by victim's father being Gulshan PS case No. 73(4) 98, and the second one being Gulshan PS Case No. 12(9) 98 lodged by himself (PW 1). In lodging the second case he consulted all the relevant documents of the first case. He has gone through the statements made by the condemned-prisoners Shah..Category: Criminal Law | Date: | Hits: 70
Nurul Islam and others Vs. A Huq Munshi & others, 2006, 35 CLC (HCD)
....iling the valid papers of auction sale, Dakhalnama and boynama and the contesting defendants have proved their title by filing and proving the title deeds like kabuliyats, Dhakhilas, kabala and other relevant papers. It is the established principle of law that the parties on whom the onus of proof l......been extinguished by the auction sale of the suit land for arrears of rent and thus the contesting defendants have proved the basis of RS and SA record in respect of the suit land by filing the valid papers of auction sale, Dakhalnama and boynama and the contesting defendants have proved their title......is Case is also Reported in: 58 DLR (2006) 538. ......he auction sale was acted upon, but the learned lower appellate Court misconceived and misunderstood that fact and came to an erroneous decision without considering the evidence of PW and DWs and the documents filed by the contesting defendants and thus he reversed the judgment and decree of the tri..Category: Property Law | Date: | Hits: 70
Kazi Md. Shafiqur Rahman Vs. Bangladesh and others, 2005, 34 CLC (HCD)
.... for No. 3, Raikot Union Parishad. The petitioner is the permanent resident of that Union. Mr. Monowar Hossain was acting as the Nikah Registrar for the said Union along with five other unions at the relevant time. The application for appointment was recommended by the respectable persons of the loc......hority came to the conclusion that the petitioner has violated the terms and conditions of his licence. 5. The respondent No. 6 has also filed a supplementary affidavit-in-opposition annexing some papers in order to establish that show cause notice was issued by the respondent No. 3 on 22-6-2000 ...... High Court Division (Special Original Jurisdiction) Present: Md. Awlad Ali J Zinat Ara J Kazi Md. Shafiqur Rahman………………………………Petitioner Vs. Bangladesh and others ………………………………….Respondents. Judgment November 20, 2005. ......Bichar-6/2N- 35/76 dated 25-4-2001 is declared to have been made without lawful authority and is of no legal effect. No order as to cost. Ed. This Case is also Reported in: 58 DLR (2006) 534...Category: Employment/Service Law | Date: | Hits: 81
Eskayef Bangladesh Ltd. Vs. Commissioner of Taxes, 2004, 33 CLC (HCD)
....nal after considering the materials on record almost gave full relief to the assessee and the disallowance which have been affirmed by the Tribunal were done rightly as the assessee could not produce relevant vouchers in respect of its said heads of expenditure. He further submits that the questions......ly, the questions in both the reference applications are answered in the affirmative and in favour of the Department. No order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 531. ......sh Ltd………………………..Petitioner Vs. Commissioner of Taxes…………………………Respondent. Judgment April 27, 2004. Cases Referred to- Titas Gas Transmissions and Distribution Co. Ltd Vs. Commissioner of Taxes, 2000 BTD 27; Sagorika and Co (Pvt) Ltd. Vs. Comm......ly, the questions in both the reference applications are answered in the affirmative and in favour of the Department. No order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 531. ..Category: Fiscal/Taxation Law | Date: | Hits: 88
Badrud Doza (alias Momin) (Md.) Vs. State, 2006, 35 CLC (HCD)
.... The learned Counsel also took us to the petition of retraction of the confessing accused and showed us the way the confessional statement was obtained by the police. He also requested us to note the relevant part of the application, which was as follows: সর্বমোট ২০ দিনে......sent BD House, Road No. 43, House No. 3, PS Gulshan, Dhaka be enlarged on bail subject to the satisfaction of the Deputy Commissioner, Dhaka. Ed. This Case is also Reported in: 58 DLR (2006) 529....... Rahman Bhuiyan J. - This Rule was issued by a Division Bench of this Court on an application filed by the petitioner made under section 498 of the Code of Criminal Procedure challenging the judgment and order dated 1-6-2006 passed by the learned Metropolitan Sessions Judge, Dhaka in Criminal Miscel......sent BD House, Road No. 43, House No. 3, PS Gulshan, Dhaka be enlarged on bail subject to the satisfaction of the Deputy Commissioner, Dhaka. Ed. This Case is also Reported in: 58 DLR (2006) 529...Category: Criminal Law | Date: | Hits: 64
Mofazzal Hossain alias Mofa and others Vs. State, 2004, 33 CLC (HCD)
....ormer Chairman. He denied the suggestion that due to such dispute the accused persons were implicated in this case. 17. PW 5 Nazem Ali Sardar deposed that he was the Upazila Nirbahi Officer at the relevant time; he recorded the confession of accused Habibur Rahman alias Habi under section 164 of ......respective bail bonds. Send down the lower Court's records at once with a copy of the judgment for information and taking necessary action. Ed. This Case is also Reported in: 58 DLR (2006) 524. ...... Reported in: 58 DLR (2006) 524. ......respective bail bonds. Send down the lower Court's records at once with a copy of the judgment for information and taking necessary action. Ed. This Case is also Reported in: 58 DLR (2006) 524. ..Category: Criminal Law | Date: | Hits: 52
Korea Exchange Bank, Seoul, Korea Vs. Gemini Garments Limited and others, 2004, 33 CLC (HCD)
....ght pre‑paid but the shipper agent said, in fact, the freight was not paid in respect of all five consignments. Two consignments out of the five consignments were never shipped on board whereas the relevant bills of lading were clearly marked shipped on board. 20. Fourth defendant shipper's......ht forwarder bill of lading was as good as was clean bill of lading. It denied that two instead of four copies of packing list were provided. 13. It further contended that upon receipt of the papers and documents, Gemini or first defendant PBL failed to refuse the documents within reasonable......vil Appellate Jurisdiction) Present: Md. Abdur Rashid J S Rahman Miah J Korea Exchange Bank, Seoul, Korea……………Appellant Vs. Gemini Garments Limited and others………….Respondents Judgment April 13, 2004. Cases Referred To- ......tly transferred to the plaintiff Gemini for US $ 2128,824.70 by the prime beneficiary, YK Garments Ltd of Dhaka. 5. Issuing bank PBL received the drafts drawn by the seller along with shipping documents in 5 separate lots from the KEB. Gemini received the documents despite certain discrepanci..Category: Business or Commercial Law | Date: | Hits: 290
Md. Turan Miah and others Vs. Anguri Bibi and others, 2010, 39 CLC (HCD)
....he suit was decreed on the basis of a document which cannot be treated as a deed of acquiring title by anybody. It appears from Section 100 of Sylhet Tenancy Act that the said provision is not at all relevant to the instant suit. In view of the above, we find no substance in the submissions of ......the above, we find no substance in the submissions of the learned Counsel for the appellants. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 100. ......rted in: VIII ADC (2011) 100. ......ffs. The executants of exhibit-5 have not come before the Court to substantiate the plaintiffs' claims. The plaintiffs have failed to prove the exclusive possession of their vendors. 9. From the documents adduced by the defendants it appears that the defendants are in possession of the suit lan..Category: Property Law | Date: | Hits: 74
Md. Nasrullah Chowdhury Vs. Mohammad Nurul Islam and others, 2010, 39 CLC (AD)
....it after deciding whether or not there was any consent of the parties to compromise the dispute. Accordingly the petition is disposed of. Ed. This Case is also Reported in: VIII ADC (2011) 91.......a in the court and also submitted another application for withdrawal of the written statement. On 24.05.2005 some persons introducing them as CID police took signature of the defendant No.1 in some papers showing fear of arrest and took the defendant No.1 in the court and compelled him to make som......yeem Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Md. Nasrullah Chowdhury…………………..............Petitioner Vs. Mohammad Nurul Islam and others……………….Respondents Judgment June 6, 2010. Cases Referred To- (Moul......it after deciding whether or not there was any consent of the parties to compromise the dispute. Accordingly the petition is disposed of. Ed. This Case is also Reported in: VIII ADC (2011) 91...Category: Property Law | Date: | Hits: 65
....nd the respondent No. 3 are very much parties and the suit is very much pending, we are of the view that the Artha Rin Adalat is competent enough to decide the status of the petitioners and all other relevant issues between the parties.
17. For the aforesaid reasons we do not find any merit in th...... In the result, the Rule is discharged without any order as to costs and the order of stay granted earlier by this Court is hereby vacated.
Ed.
This Case is also Reported in: 58 DLR (2006) 517.
......by vacated.
Ed.
This Case is also Reported in: 58 DLR (2006) 517.
......respondent No. 3. The bills of exchange and Export Documents were purchased by respondent No. 3 to be negotiated at its own risk and responsibility. The respondent No.3 failed to negotiate the export documents and decided to pass on the liability to the petitioners and demanded payment for the same...
Category: Business or Commercial Law | Date: | Hits: 251
Huang Chia Hsiang Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....ning the representation of the petitioner to get release of the vessel and the crews. 10. In disposing of this Rule we are required to examine the purpose and intendment of the legislation and the relevant provisions of the same. Marine Fisheries Ordinance, 1983 has been enacted "for the manageme......essel was handed over to the Marine Fisheries Department by the Bangladesh Navy as nobody claimed the vessel. Accordingly, tender for sale of the vessel was published on 31-10-2000 in three daily newspapers and thereafter the tender for the sale of the vessel received on 20-11- 2000 was very much un......ial Original Jurisdiction) Present: MM Hossain J Zubayer Rahman Chowdhury J Huang Chia Hsiang………………………………………….Petitioner Vs. Government of Bangladesh and others………….Respondents. Judgment December 12, 2005. Cases Referred to- Dhak......on in the form of written claim under section 48(2) (a) for release of the vessel and the crews published Tender notice for auction sale of the vessel under section 50 of the Ordinance and the Tender documents were very much under process for the sale of the seized vessel. At the same time the respo..Category: Admiralty Law or Maritime Law | Date: | Hits: 221
Abul Khair and others Vs. State, 2006, 35 CLC (HCD)
....the charge as leveled against the accused appellants is not at all in keeping with the proviso to section 222(2) of the Code of Criminal Procedure. It would be profitable in this context to quote the relevant section which is as under: "222. Particulars as to time, place and person.- (1)…......he date of receipt of this judgment and order by the trial Court. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 58 DLR (2006) 500, 26 BLD (HCD) (2006) 467. ...... 58 DLR (2006) 500, 26 BLD (HCD) (2006) 467. ......he date of receipt of this judgment and order by the trial Court. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 58 DLR (2006) 500, 26 BLD (HCD) (2006) 467. ..Category: Criminal Law | Date: | Hits: 53
Ashique Jeans Apparels Ltd and another Vs. National Board of Revenue and another, 2005, 34 CLC (HCD)
.... section 46 is to encourage more new undertakings to be established. However, there will be no order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 478, 26 BLD (HCD) (2006) 324. ......f rejection and accordingly, informed the decision to the petitioner by letter dated 4-4-2001. Thus, on compliance of different provisions of the Ordinance and on perusal and consideration of all the papers and documents produced before the NBR the rejection order was rightly passed since the petiti......(2006) 478, 26 BLD (HCD) (2006) 324. ......(hereinafter referred to as the said Ordinance) the petitioners made an application to the National Board of Revenue for tax holiday on 24-9-2000 furnishing all the necessary information supported by documents for the said purpose. The National Board of Revenue by letter dated 28-11-2000 requested t..Category: Fiscal/Taxation Law | Date: | Hits: 93
Abdur Rahim Chowkider @ Abdur Rahman Sheikh Vs. Raji Haider and others, 2006, 35 CLC (HCD)
.... decree affirming those of trial Court decreeing the suit are hereby set aside and the suit is dismissed. Send down the record at once. Ed. This Case is also Reported in: 58 DLR (2006) 470. ......s in respect of two 'Kabalas' dated 18-12-1972 and 1-4-1974 Exhibits 1(c) and 1 (d) are all arbitrary as not based on the evidence on record. 53. Plaintiffs also failed to adduce any decree or any papers of any suit in support of their case that defendant No. 4 on compromise in a suit transferred......gh Court Division (Civil Revisional Jurisdiction) Present: Md. Abdur Rashid J Abdur Rahim Chowkider @ Abdur Rahman Sheikh since deceased……………… Petitioner Vs. Raji Haider and others…………………….Opposite Parties. Judgment June 28, 2006. Cases Referred......f or reliefs the plaintiffs were entitled to? 13. Plaintiffs examined six witnesses while defendant No. 1 examined five witnesses in support of their respective cases. Plaintiffs adduced number of documents, which were marked as exhibit 1 to 1 (d), 2-2(ka) 3, 4 to 4(d) and 5 to 7 and while those ..Category: Property Law | Date: | Hits: 79
Abu Musa Kutub (Md.) Vs. Secretary, Election Commission and others, 2005, 34 CLC (HCD)
.... is discharged. The interim order passed at the time of issuance of the Rule, is herby recalled and vacated. There is no order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 450. ......r District Cox's Bazar. The petitioner was a candidate for the post of Member of Ward No.4 of No.4 Kaiyerbil Union Parishad Election-2004, Both the petitioner and respondent No.6 submitted nomination papers on 24-5-2004 for the post of Member for Ward No.4 of No.4, Kaiyerbil Union Parishad. The elec......nal Jurisdiction) Present: SM Hossain J Quamrul Islam Siddiqui J Abu Musa Kutub (Md.) …………………………………………..Petitioner Vs. Secretary, Election Commission and others ……….Respondents. Judgment July 18, 2005. Cases Referred to- Abid Hashe......ve, a Division Bench of this Court held: "The legal position with regard to an entry in School Register. Admit Card and Board, Certificate is that such Registers. Cards and Certificates as public documents and are admissible in evidence under section 35 of the Evidence Act, but the evidentiary v..Category: Election Law | Date: | Hits: 87
....ermission under section 75 of that Act. He submitted that the 'Master Plan' referred to in the petition is not at all a Master Plan within the definition of the Town Improvement Act. Referring to the relevant gazette notifications, he pointed out that the last amendment to the Master Plan was proper...... Let a copy of this judgment be communicated to the respondents to take necessary steps in the light of our judgment, in accordance with law.
Ed.
This Case is also Reported in: 58 DLR (2006) 441....... Case is also Reported in: 58 DLR (2006) 441....... Let a copy of this judgment be communicated to the respondents to take necessary steps in the light of our judgment, in accordance with law.
Ed.
This Case is also Reported in: 58 DLR (2006) 441...
Category: Environmental Law | Date: | Hits: 484
Wally Ahmed alias Babi Vs. State, 2005, 34 CLC (HCD)
....he defence failed to furnish any certificate issued from the concerned authority of London regarding study of the appellant in O'Level at London. He added that the defence failed to prove that at the relevant time of occurrence the appellant was of unsound mind, inasmuch as on the date of occurrence......d from the bail bond. Send down the lower Court's records at once with a copy of the judgment for information. Ed. This Case is also Reported in: 58 DLR (2006) 433; 13 MLR (HCD) (2008) 375. ......nciple of criminal jurisdiction It is also the fundamental principle of criminal jurisdiction that it is always for the prosecution to prove the charge against the accused beyond reasonable doubt and this onus on the prosecution never shifts and the duty generally cast upon the prosecution to ne......d from the bail bond. Send down the lower Court's records at once with a copy of the judgment for information. Ed. This Case is also Reported in: 58 DLR (2006) 433; 13 MLR (HCD) (2008) 375. ..Category: Criminal Law | Date: | Hits: 70
Nazrul Islam (Md.) and another Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....ent that the petitioners can still vindicate their grievance through arbitration as contained in the contract. There is no order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 431.......ent that the petitioners can still vindicate their grievance through arbitration as contained in the contract. There is no order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 431....... is also Reported in: 58 DLR (2006) 431.......04, indicating commencement of work on 12-6-2004 and completion thereof on 30-6-2004. The petitioner started negotiations with the exporting country according to the direction contained in the tender documents. The petitioners filed an application to respondent No. 4 on 20-6-2004 for extension of ti..Category: Business or Commercial Law | Date: | Hits: 186
Solaman Vs. State, 2005, 34 CLC (HCD)
..... 236 of 1999 is hereby set aside. The accused-petitioner be set at liberty if not wanted in any other case. Communicate the order at once. Ed. This Case is also Reported in: 58 DLR (2006) 429. ....... 236 of 1999 is hereby set aside. The accused-petitioner be set at liberty if not wanted in any other case. Communicate the order at once. Ed. This Case is also Reported in: 58 DLR (2006) 429. ......itioner Vs. State ………………………………………………….Opposite Party Judgment March 21, 2005. Cases Referred to- Ashrafuddin Ahmed Vs. State, 16 DLR 223, Malu and others, 30 DLR 421, Osman and others, Ratan Vs. State, 30 DLR 421, Jafar Alam Chowdhury Vs. Stat...... convicted the accused-petitioner under section 19(a) of the Arms Act. 12. We find from the record that the accused petitioner filed an application annexing with the tuition fees receipt and other documents that he is a student of Class-VII and a minor aged about 13/14 years and he should be trie..Category: Criminal Law | Date: | Hits: 53
Sk Md. Tariqul Alam and another Vs. ATM Matiul Islam, 2006, 35 CLC (HCD)
....lt, the Rule is made absolute without any order as to cost and the delay of 285 days in filing the revisional application is hereby condoned. Ed. This Case is also Reported in: 58 DLR (2006) 425.......nsion leaving childless wife Mrs. Hosneara Begum and brother Sk. Md. Tariqul Alam. 22. It is the contention of the petitioners that they were not aware of the fate of the appeal; that perusing the papers left by the predecessor of the petitioners and thereafter communicating with their Advocate, ...... This Case is also Reported in: 58 DLR (2006) 425.......lt, the Rule is made absolute without any order as to cost and the delay of 285 days in filing the revisional application is hereby condoned. Ed. This Case is also Reported in: 58 DLR (2006) 425...Category: Procedural Law | Date: | Hits: 116
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