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State Vs. Kabel Molla and others, 2002, 31 CLC (HCD)

....ed the place of occurrence and prepared sketch map with index, recorded statement of the witnesses under section 161 of the Code of Criminal Procedure and on completion of the investigation submitted charge-­sheet against the condemned prisoners. 4. The case was tried in the said court of Additi......f this judgment be forwarded to the learned Additional. Sessions Judge, First Court, Tangail for taking necessary action according to law. Ed. This Case is also Reported in: 55 DLR (2003) 108. ..

Category: Criminal Law | Date: | Hits: 36

Micro Industries Development Assistance Society (MIDAS) Vs. Commissioner of Taxes, 2001, 30 CLC (HCD)

....f sustainable basis. The society receive funds from USAID, the Asia Foundation, Ford Foundation, SDC, etc and extends loan to small industrial entrepreneurs for industrial growth on a nominal service charge on the loan fund. The applicant society submitted return for the assessment year 1983-84 show......mulated in both the reference applications are answered in the negative and in favour of the assessee. There will be no order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 168...

Category: Fiscal/Taxation Law | Date: | Hits: 65

Nikhil Chandra Halder Vs. State, 2001, 30 CLC (HCD)

....t 3 O’clock in the afternoon, suddenly the accused Nikhil Chandra Halder, a neighbour, attacked and killed her with his dao. As such, a case was started and after investigation the police submitted charge-sheet against the accused. At the trial the Sessions Judge framed charge under section 302 of......sed used to behave in a deranged manner and was under treatment at Pirojpur, Pabna and Barisal. The defence witnesses were cross- examined on behalf of the prosecution but nothing new came out. ..

Category: Health Law | Date: | Hits: 266

Abdur Rahman Vs. State, represented by Deputy Commissioner, 2006, 35 CLC (HCD)

.... 420/467/468/471 of the Penal Code. 3. The police commenced investigation in Kotwali Police Station Case No. 29(3)2000 and upon finding the guilt of the accused persons, prima facie, submitted charge sheet against the accused persons under sections 420/467/468/471 of the Penal Code prior to w......nding before the Metropolitan Magistrate, Chittagong, is hereby quashed. Let a copy of the judgment be sent down at once. Ed. This Case is also Reported in: 59 DLR (2007) 683. ..

Category: Criminal Law | Date: | Hits: 43

State Vs. Al Hasib Bin Jamal alias Hasib and five others, 2007, 36 CLC (HCD)

....e case confes­sional statements of accused Monir and Zahid Hassan @ Aslam were recorded by the Magistrates under section 164 of the Code of Criminal Proce­dure. Police after investigation submitted charge sheet against nine accused persons, namely Al Hasib Bin Jamal alias Hasib, Almas Anif Mahmud ......absconding accused Ali Hasib Bin Jamal @ Hasib, Almas and Anif Mahmud alias Aurango @ Anga. Send down the lower Court's records at once. Ed. This Case is also Reported in: 59 DLR (2007) 653. ..

Category: Criminal Law | Date: | Hits: 40

AKM Iftekhar Ahmed and another Vs. State, 2007, 36 CLC (HCD)

....t of the case, we are to settle a question as has been raised from the side of the informant that the Rule in Criminal Miscellaneous Case No. 9954 of 2006 cannot be heard on merit and it should be discharged on the ground that the accused petitioners are fugitive from justice. It is a settled princi......de Court. If this position be continued, I am afraid a day will come when practically, there will be no legal system in Bangladesh. Ed. This Case is also Reported in: 59 DLR (2007) 646. ..

Category: Criminal Law | Date: | Hits: 97

Ali Ashraf Mia Vs. Chairman, First Court of Settle­ment and others, 2006, 35 CLC (HCD)

....smissed on 4-8-1987 by order No. 48. The said order No. 48 and another order No. 47 dated 4-8-1987 were challenged in Civil Revision No. 672 of 1993 before the High Court Division but the Rule was discharged by the judgment and order dated 6-3-2006. It has been further stated that the suit property ......interference by this Court. Accordingly, both the aforesaid Rules are discharged. There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 640. ..

Category: Property Law | Date: | Hits: 39

Bellal Hossain (Md) & others Vs. Md. Yasin Ali Mondal and ors., 2007, 36 CLC (HCD)

....on. The learned Counsel lastly, submits that the impugned judgment and order dated 17-6-2002 is just and proper which calls for no interference by this Court and, as such, the Rule is liable to be discharged. 8. In order to appreciate the submissions advanced by the learned Counsels of both s......ed earlier by this Court stands vacated. Send down the lower Court's record at once with a copy of judgment for information. Ed. This Case is also Reported in: 59 DLR (2007) 634. ..

Category: Property Law | Date: | Hits: 23

Commissioner of Taxes Vs. Prime Bank Ltd., 2007, 36 CLC (HCD)

....nsfer of capital asset and such profits and gains shall be deemed to be the income of the income year in which the transfer took place. Capital gain in respect of any profits and gains, which is made chargeable to tax can only arise from transfer of such capital asset. 18. Let us also underst......peal to Appellate Division under section 162 of the Ordinance is rejected since we do not think that this is a fit case for appeal. Ed. This Case is also Reported in: 59 DLR (2007) 629. ..

Category: Fiscal/Taxation Law | Date: | Hits: 82

Udayan Garments (Pvt.) Ltd. Vs. Bangladesh and others, 2007, 36 CLC (HCD)

....lenging the judgment and decree. Accordingly, the learned Advocate submits that the petitioners having failed to substantiate any of the grounds so taken in those Writ Petitions the Rule should be discharged with costs. 19. Mr. Masud Ahmed Sayeed, the learned Advocate appearing in Writ Petition......rtificate under section 33(5) of the Ain in Writ Petition No. 6732 of 2004 are made absolute. However, there will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 615...

Category: Constitutional Law | Date: | Hits: 168

Abdul Mannan Matubbar Vs. Bangladesh Water Development Board and others, 2007, 36 CLC (HCD)

....zal Hossain Ahmed J Abdul Mannan Matubbar.........Petitioner Vs. Bangladesh Water Development Board and others.........Respondents Judgment April 23, 2007. Result: The Rule is discharged. The domestic tribunal is not a court to follow procedures of the trial or enquiry accord...... considering his explanation." Accordingly, the Rule is discharged, however, without any order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 610; 13 MLR (HCD) (2008) 51. ..

Category: Employment/Service Law | Date: | Hits: 76

Angels Corporation (Pvt.) Ltd. and another Vs. Bangladesh and others, 2007, 36 CLC (HCD)

....referred by the petitioner-Company the plaintiff-Bank sanctioned overdraft credit facilities to the tune of Taka 7,00,00,000. The petitioner-company on availing the said overdraft facilities executed charge documents, irrevocable general power of attorney and letter of guarantee as securities agains......sult, Rules in Writ Petition Nos. 6579 of 2004 and 6057 of 2005 are discharged with­out any order as to costs.Stay granted earlier stands vacated.Ed.This Case is also Reported in: 59 DLR (2007) 601. ..

Category: Others | Date: | Hits: 104

Integrated Services Ltd. Vs. Commissioner (Current Charges), Customs and others, 2007, 36 CLC (HCD)

....d 21-8-2004 sealed and signed by the Bangladesh Bank (Annexure F) was sufficient evidence of the purchase of the stamps in question from the Bangladesh Bank. Payment of any customs duty or any tax or charge was in no way involved in carrying and/or taking such stamps out of Bangladesh. No question o......legal effect. The respon­dents are directed to refund the, detained non-adhesive share transfer stamps by 24th day of May, 2007, positively. Ed. This Case is also Reported in: 59 DLR (2007) 597...

Category: Business or Commercial Law | Date: | Hits: 178

Manzu Sweeper Vs. State, 2005, 34 CLC (HCD)

.... care to be taken in dealing with such offence lest an innocent citizen is punished………………(27) Mere possession or use of a forged or counterfeit note does not ipso facto prove the charge under section 25A of the Special Powers Act, 1974 against one unless he had used it with the ...... a copy of the judgment for information and taking necessary action.  Ed.  This Case is also Reported in: 59 DLR (2007) 593; 13 MLR (HCD) (2008) 417.       ..

Category: Criminal Law | Date: | Hits: 40

Mofidul Haque (Md) Vs. Bangladesh, 2006, 35 CLC (HCD)

...., there is no merit in this appeal. The appeal must fail. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 588. ......, there is no merit in this appeal. The appeal must fail. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 588. ..

Category: Intellectual Property Law | Date: | Hits: 198

A Wadud Member and another Vs. State, 2006, 35 CLC (HCD)

....cognise the accused petitioners with co-accuseds taking active part in hurling bombs. This case was investigated by Bhola Police Station and there being a prima facie case found against the accuseds, charge sheet was submitted on 21-5-2005 against the accused petitioners and co-accuseds. Thereafter ......We find no substance in the Rule, In the result, the Rule is discharged. The order of stay granted by this Court is vacated. Ed. This Case is also Reported in: 59 DLR (2007) 586. ..

Category: Criminal Law | Date: | Hits: 29

Namita Rani Biswas and others Vs. Rabindra Nath Majhi and others, 2007, 36 CLC (HCD)

....arned District Judge, Khulna is set aside and restored the grant of Letter of Administration. Send down the lower Court records. Ed. This Case is also Reported in: 59 DLR (2007) 579. ......arned District Judge, Khulna is set aside and restored the grant of Letter of Administration. Send down the lower Court records. Ed. This Case is also Reported in: 59 DLR (2007) 579. ..

Category: Property Law | Date: | Hits: 68

Sylhet Gas Fields Ltd. Vs. Chairman, 2nd Labour Court and another, 2007, 36 CLC (HCD)

....nce, 1969 in the Second Labour Court, Chittagong. The petitioner appeared in that case and submitted written state­ment. The material defence case of this petitioner in the Labour Court was that the charge of misconduct having been proved against the respondent No. 2 he was punishable with dismissa......ischarged on contest without any order as to cost. The stay order passed at the time of issuance of the Rule stands vacated. Ed. This Case is also Reported in: 59 DLR (2007) 576. ..

Category: Labour and Industrial Law | Date: | Hits: 114

Oriental Bank Ltd. Vs. Sitara Siddiq, 2007, 36 CLC (HCD)

....tted no error in rejecting the petition of the petitioner bank filed under sections 10/151 of the Code of Civil Procedure. In view of that we find no merit in the Rule. Accordingly, the Rule is discharged without any order as to costs. Since in Title Suit No. 209 of 2002 plaintiff has been examin......been examined as PW 1 in part, the trial Court is directed to dispose of the suit within three months from date of receipt of the Judgment. Ed. This Case is also Reported in: 59 DLR (2007) 573. ..

Category: Civil Law | Date: | Hits: 82

Aziz Hasan and others Vs. Bangladesh, 2007, 36 CLC (HCD)

....te of subsequent Notification. 4. Pursuant to issue of the Rules and directions issued by this Division, the petitioners got release of their respective goods on payment of the duty and other charges on the basis of exemption of duty above 15% in cash and furnishing bank guarantee(s) for the...... not pay in cash the amount of money covered by respective bank guarantees within a period of thirty days of receipt of this order. Ed. This Case is also Reported in: 59 DLR (2007) 563. ..

Category: Fiscal/Taxation Law | Date: | Hits: 64