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Md. Palash Khan Vs. The State, 2011, 40 CLC (HCD)
....g the appellant on bail. 7. The learned Assistant Attorney General appearing for the respondent opposes the appeal. 8. Heard the learned advocate of both the sides and perused the FIR and other relevant documents annexed to the application for bail together with the impugned order. 9. Consi...... at liberty to cancel the bail, if the accused appellant misuses in any way the privilege of bail. Communicate the order. AKM Zahirul Hoque J.- I agree. Ed. This Case is also Reported in: ......ial Tribunal No.8, Dhaka in Metropolitan Special Tribunal Case No.856 of 2008 arising out of G.R. Case No. 787 of 2008 corresponding to Khilgaon P.S. Case No. 25 dated 05.08.2008 under sections 19(A) and 19(f) of the Arms Act, rejecting the prayer for bail of the appellant. 2. Prosecution case, i......ellant on bail. 7. The learned Assistant Attorney General appearing for the respondent opposes the appeal. 8. Heard the learned advocate of both the sides and perused the FIR and other relevant documents annexed to the application for bail together with the impugned order. 9. Considering th..Category: Criminal Law | Date: | Hits: 49
Md. Monir Hossain @ Babu Vs. State, 2011, 40 CLC (HCD)
....ty to cancel the bail, if the accused petitioner misuses in any way the privilege of bail. Communicate the order at once. AKM Zahirul Hoque J.- I agree. Ed. This Case is also Reported in: ......ty to cancel the bail, if the accused petitioner misuses in any way the privilege of bail. Communicate the order at once. AKM Zahirul Hoque J.- I agree. Ed. This Case is also Reported in: ......lleging inter alia that 18.8.09 while he was sleeping with his family member in his dwelling house situated at west Jhalokati village at night at about 2.30 hours 10 to 12 dacoits encircled his house and some of them entered into his house by cutting grill, while he started crying, 7 to 8 dacoits in......arged on bail. 5. The learned Assistant Attorney General appearing for the opposite party opposes the prayer for bail. 6. Heard the learned advocate of both the sides and perused the FIR, other documents annexed to the application for bail and the impugned order. 7. Considering the submissi..Category: Criminal Law | Date: | Hits: 50
Motin Gazi alias Motiar Rahman Vs. The State, 2011, 40 CLC (HCD)
....y to cancel the bail, if the accused petitioner misuses in any way the privilege of bail. Communicate the order at once. AKM Zahirul Hoque, J.- I agree. Ed. This Case is also Reported in: ......y to cancel the bail, if the accused petitioner misuses in any way the privilege of bail. Communicate the order at once. AKM Zahirul Hoque, J.- I agree. Ed. This Case is also Reported in: ......Chittagong. 2. Prosecution case, in short is that on 17.10.2009 one Hazi Mohammad Ali lodged an FIR with the Sitakunda Thana, Chittagong on 15.10.2009 alleging inter alia that he is the sharer of Bander Carrier Services and he used to engage in transport business and supplied the imported goods t......arged on bail. 5. The learned Assistant Attorney General appearing for the opposite party opposes the prayer for bail. 6. Heard the learned advocate of both the sides and perused the FIR, other documents annexed to the application for bail and the impugned order. 7. Considering the long det..Category: Criminal Law | Date: | Hits: 51
Abul Kalam Bepari Vs. The State, 2011, 40 CLC (HCD)
.... cancel the bail, if the accused petitioner misuses in any way the privilege of bail. Communicate the order at once. AKM Zahirul Hoque J.- I agree. Ed. This Case is also Reported in: ...... cancel the bail, if the accused petitioner misuses in any way the privilege of bail. Communicate the order at once. AKM Zahirul Hoque J.- I agree. Ed. This Case is also Reported in: ......informant an FIR was lodged under section 302/34 of the Penal Code against 3 unknown accused persons including the petitioner. 3. Thereafter the petitioner was voluntarily surrendered on 21.4.2009 and moved for bail but failed, he then obtained the instant rule. 4. The learned advocate appeari......arged on bail. 5. The learned Assistant Attorney General appearing for the opposite party opposes the prayer for bail. 6. Heard the learned advocate of both the sides and perused the FIR, other documents annexed to the application for bail and the impugned order. 7. On perusal of the fact n..Category: Criminal Law | Date: | Hits: 52
Md. Jashim Uddin Vs. State, 2011, 40 CLC (HCD)
....may be enlarged on bail. 4. The learned Assistant Attorney General appearing for the respondent opposes the appeal. 5. Heard the learned advocate of both the sides and perused the FIR and other relevant documents annexed to the supplementary affidavits together with the impugned order. 6. O...... cancel the bail, if the accused appellant misuses in any way the privilege of bail. Communicate the order. Md. Ashraful Kamal, J. I agree. Ed. This Case is also Reported in: ......se under section 392 of the Penal Code in Gulshan P.S. Case No.44 dated 11.02.2008 the petitioner disclosed that he possess an arms accordingly the informant raided the house of the accused appellant and recovered a revolver on his pointing out and accordingly he was shown arrested on 18.4.08 and an......larged on bail. 4. The learned Assistant Attorney General appearing for the respondent opposes the appeal. 5. Heard the learned advocate of both the sides and perused the FIR and other relevant documents annexed to the supplementary affidavits together with the impugned order. 6. On perusal..Category: Criminal Law | Date: | Hits: 43
Shah Abdul Hannan and others Vs. Bangladesh, 2010, 39 CLC (HCD)
....cle 102 of the Constitution, owes its origin to a round table discussion that took place on 5th September, 2005. That roundtable was participated by people of different walks, having expertise on the relevant fields, all of whom, arrived at a consensus that Production Sharing Contracts, entered into......rder as to cost. All interlocutory orders, issued earlier, are hereby vacated. Mohammad Anwarul Haque J.- I agree. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 386. ......16 BLC (HCD) (2011) 386. ......Cost Oil” as well as to pay prices to buy the gas, will push the country to a situation of economic duress of unbearable proportion. The government, for reasons best known to it, have kept the PSC documents concealed, in breach of the principle of transparency and national interest and, have been..Category: Constitutional Law | Date: | Hits: 231
Rowshan Ali (Md.) Vs. State, 2000, 29 CLC (HCD)
....ributed the rice in question amongst the distressed people of the locality but he could not submit the Master Rolls in time due to the adverse political circumstances prevailing in the country at the relevant time. The accused appellant although subsequently submitted the Master Rolls to the authori......n- charge of Food Godown, Bera Upazila in the District of Pabna. He stated that on 15-7-91 Officer of the Bureau of Anti-Corruption seized from his office the Delivery Order letter and other relevant papers in connection with the case by preparing seizure list, duly attested by witnesses. The seizur......te—For the Appellant. FKMA Mahbub, Assistant Attorney-General—For the State. Criminal Appeal No.2087 of 1996. Judgment Gour Gopal Saha J.- This appeal is directed against the judgment and order dated 30-11-96 passed by the Divisional Special Judge, Rajshahi Division in Special Case N......ction 5(2) of Act II of 1947, to which the accused appellant pleaded not guilty and claimed to be tried. 5. At the trial, the prosecution examined as many as 12 witnesses and exhibited a series of documents in support of its case but the accused appellant examined none. 6. The learned Division..Category: Criminal Law | Date: | Hits: 88
Begum Tahmina Vs. Government of Bangladesh, 2000, 29 CLC (HCD)
....before the Income Tax Authority. In the face of above Annexure X-X(l) (Annexure D-D(1) such as Income Tax Return and wealth assessment statement of the petitioner filed during the year 1993-94 to the relevant authority and also in the face of other facts disclosed in the writ petition and in the abs......f the Act. He refers to Annexure D-D(1) (Annexure X-X(l) Income Tax return and wealth statement for the year 1993-94 submitted by the petitioner and submits that the Respondents must show by positive papers and record that the petitioner has any other wealth and properties in excess to those as ment......AN Mominur Rahman J Md. Abdul Quddus J Begum Tahmina…………………………Petitioner Vs. Government of Bangladesh, represented by the Secretary, Prime Ministers Secretariat, Dhaka and others………………………….Respondents Judgment August 8, 2000. Cases Referre......-2/5231 dated 27-3-94 (Annexure-A) to the writ petition is declared to have been passed without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 52 DLR (2000) 503. ..Category: Criminal Law | Date: | Hits: 78
Shamsuddin Ahmed and others Vs. State and another, 2000, 29 CLC (HCD)
....ce station who alleged the complaint is an authorised person under section 196 Cr.P.C. So it does not come to rescue the publisher petitioners. But so far the second argument is concerned, it is very relevant and important in this case, in our view. 6. We have gone through the publication very ca......nds. Send down the records of the case to the Court of the Magistrate at once. Also communicate this order to the Court concerned at once. Ed. This Case is also Reported in: 52 DLR (2000) 497.......s also Reported in: 52 DLR (2000) 497.......nds. Send down the records of the case to the Court of the Magistrate at once. Also communicate this order to the Court concerned at once. Ed. This Case is also Reported in: 52 DLR (2000) 497...Category: Criminal Law | Date: | Hits: 52
Wahida Begum Vs. Tajul Islam, 2000, 29 CLC (HCD)
.... why the execution of ‘Ekrarnama’, Exhibit I should not be held to have been proved is not understood. So, without discarding and or disbelieving the evidence of P.W.s 1 and 2 and considering the relevant laws, the appellate Court erred in law to hold that the plaintiff failed to prove the ‘Ek......e sent down at once. Consequently, the order of this Court directing the parties to maintain status quo granted earlier is hereby vacated. Ed. This Case is also Reported in: 52 DLR (2000) 491....... Sunder Kuer Vs. Udey Ram, AIR 1944 Allahabad 42; Ambabai Vs. HR Dani, AIR 1948 Nagpur 367; Bhagwan Vs. Ujagar, AIR 1928 PC 20; Sunder Kuer Vs. Udey Ram, AIR 1944 Allahabad 42; Nainsukhdas Vs. Gowardhandas, AIR 1968 (Nagpur). Lawyers Involved: SN Goswami Advocate—For the Petitioner. Abu S......le of his vendor. He inquired at least in the local Sub-Registrar’s office to know if the land had any charge or encumbrance or not to establish his bona fide. He would naturally try to get all the documents of title and possession from his vendor. Onus is very heavy on him. There is no onus on th..Category: Property Law | Date: | Hits: 113
Saleha Khatun and others Vs. Fetema Hajura and others, 2000, 29 CLC (HCD)
.... application for amendment of the plaint by way of striking out the name of the deceased sole defendant and adding the names of his legal heirs of the deceased defendant in his place. 2. The facts relevant for disposal of this application, in short, is that predecessor-in-interest of the opposite......n 44 DLR 156 and another Judgment in the case of Md. Matiur Rahman Vs. Lal Banu Bibi and others reported in 986 BLD 432. 13. I have heard the learned Advocate at length and perused the application papers annexed and the case laws cited at the Bar. 14. It is pertinent to note that in view of th......vacated. Ed. This Case is also Reported in: 52 DLR (2000) 457.......r of stay of further proceeding of OC suit No.402 of 1982/69 of 1990 granted by this Court at the time of issuing the Rule is hereby vacated. Ed. This Case is also Reported in: 52 DLR (2000) 457...Category: Property Law | Date: | Hits: 71
Atiqur Rahman (Md.) Vs. Ainunnahar, 1999, 28 CLC (HCD)
....ed Advocate for Mr. Mashuque Hossain Ahmed appeared in support of the Rule. The opposite Party is represented by the learned Advocate Ms. Farida Begum (Khan). 7. In approaching the controversy the relevant provision enshrined in section 21 of the Family Court Ordinance may profitably be noticed w......en absolutely without any merit, the same must be discharged. Resultantly, the Rule is discharged. Order of stay stands vacated. No costs. Ed. This Case is also Reported in: 52 DLR (2000) 453.......) ……………………..Petitioner Vs. Ainunnahar……………………….Opposite Party. Judgment June 24, 1999. Case Referred to- Hosne Ara Begum Vs. Alhaj Md. Rezaul Karim and others, 43 DLR 543. Lawyers Involved: Lucky for Mashuque Hossain Ahmed, Advocates—For th......en absolutely without any merit, the same must be discharged. Resultantly, the Rule is discharged. Order of stay stands vacated. No costs. Ed. This Case is also Reported in: 52 DLR (2000) 453...Category: Procedural Law | Date: | Hits: 67
Mukta Biri Factory Ltd. Vs. Commissioner of Taxes, 1999, 28 CLC (HCD)
....ed in law in refraining from passing order on the ground adduced against the assessment order of the Deputy Commissioner of Taxes merged with order of the Commissioner of Taxes (Appeal).” 2. The relevant facts may be stated as follows: The applicant assessee is manufacturer of Bins which fil......applicant in this reference must be taken to be true. Accordingly, the reference is disposed of, however, without any order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 451. ......eing aggrieved by the aforesaid order of the Commissioner of Taxes (Appeal) the assessee took a second appeal being ITA No.1902 of 1993-94 before the Taxes Appellate Tribunal, Division Bench-I, Dhaka and the Appellate Tribunal by the impugned Judgment affirmed the order of the Commissioner of Taxes ......applicant in this reference must be taken to be true. Accordingly, the reference is disposed of, however, without any order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 451. ..Category: Fiscal/Taxation Law | Date: | Hits: 128
Abdul Awal (Md.) Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)
....on 34(1) on 6-12-83 was valid and legal. We also find that the Tribunal erred in law in holding that the validity of the notice issued under section 22(2) clearly extinguished after the expiry of the relevant assessment year of 1981-82 inasmuch as a proceeding for assessing the total income a was al......ion 34(1A) of the Act and there is no time limit for service of notice under section 34 and there is also no time limit for completion of the assessment. 6. We have perused the application and the papers available on record and considered the submissions made by the learned Advocate for the respe......……………Applicant Vs. Commissioner of Taxes………………………………Respondent Judgment March 12, 2000. Cases Referred To- 29 ITR 30, 51 ITR (SC) 557, 145 ITR 225 and 55 ITR 630. Lawyers Involved: MA Noor Advocate—For the Applicant. Dabiruddin Ahmed, D......the Appellate Division and hence we allow the prayer and accordingly grant certificate for preferring appeal before the Appellate Division. Ed. This Case is also Reported in: 52 DLR (2000) 442. ..Category: Fiscal/Taxation Law | Date: | Hits: 96
Bibi Zarina and others Vs. Government of Bangladesh and others, 1998, 27 CLC (HCD)
....eabouts was not known to the Government since 1972. They also expressed doubt as to whether the petitioners are heirs of late Md. Siddique. 4. At the time of hearing, the petition produced all the relevant papers in support of their claim before the Court of Settlement, for which there was an aff......as not known to the Government since 1972. They also expressed doubt as to whether the petitioners are heirs of late Md. Siddique. 4. At the time of hearing, the petition produced all the relevant papers in support of their claim before the Court of Settlement, for which there was an affidavit sw...... This Case is also Reported in: 52 DLR (2000) 439.......rtificate of Md. Siddique dated 18-10-87 issued by the Dhaka Municipal Corporation was also produced which was also duly considered by the Court of Settlement. The aforesaid document along with other documents were duly considered by the Court of Settlement and on perusal of the same came to a findi..Category: Property Law | Date: | Hits: 90
Bangladesh Shilpa Rin Sangstha (BSRS) Vs. Aziz Pipes Limited, 2003, 32 CLC (AD)
....gued that the BSRS by its office order dated 19.9.82 made it clear that the plaintiff was entitled to get the benefit of paying interest at 1% less. 16. Both the learned Advocates referred to the relevant provisions of loan agreement and NIP and the office order dated 19.9.82. 17. Let us fir......ll realization of the decreetal amount if it is not paid within a period of 90 days from date. The parties are to bear their own costs. Ed. This Case is also Reported in: II ADC (2005) 221. ...... Vs. Bangladesh Shilpa Rin Sangstha (BSRS)...........Respondent (In Civil Appeal No. 151 of 2001) Judgment August 11, 2003. Result: The Civil Appeal No. 95 of 2001 is dismissed and Civil Appeal No. 151 of 2001 is allowed in part. Lawyers Involved: A. K. M. Nazrul Islam,......t the plaintiff's loan liabilities as per government directive contained in the Ministry letter dated 20.1.1993 (Exhibit-19). "Because the loan agreement and other agreements and all the security documents executed by the borrower company read with articles 3,29,30,33,34 and 35 of the BSRS Ord..Category: Civil Law | Date: | Hits: 126
State Vs. Moyezuddin Sikder and Others, 2008, 37 CLC (AD)
....ions Judge in entertaining applications under Section 498 and therefore the ouster has been deliberately done with manifest intention and by express words. Non-mention of the names of the Courts is irrelevant for the purpose. 51. It has been argued on behalf of the respondents that 19(Gha) has ......ral appearing for the appellant and Mr. Rafique-ul Huq, learned Counsel appearing for the respondents and perused the petition and the impugned judgment and order of the High Court Division and other papers on record. 9. The learned Attorney General submits that during the subsistence of Emergen......J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Hassan Ameen J Md. Abdul Matin J The State……………………………………………Appellant Vs. Moyezuddin Sikder and Others…………Respondent Judgment April 23, 2008. Result: The appeal is allow......rected to take steps for disposal of the application in the light of our findings as above. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 82; 28 BLD (AD) (2008) 138; V ADC (2008) 796. ..Category: Criminal Law | Date: | Hits: 100
Eser Ali Sheikh (Md.) Vs. Md. Mokarram Ali and others, 2001, 30 CLC (HCD)
.... of 1996 of the First Court of Subordinate Judge at Kushtia is also recalled and vacated. Let the records be sent down at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 612. ...... of 1996 of the First Court of Subordinate Judge at Kushtia is also recalled and vacated. Let the records be sent down at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 612. ......D) (2001) 612. ...... but in the deed his signature appears. 8. On the pleadings 7 issues were framed. Plaintiff examined 5 witnesses while said set of defendants examined one witness each. Plaintiff adduced number of documents including deed of sale dated 3-2-59 and the agreement dated 5-10-79 which were marked as e..Category: Property Law | Date: | Hits: 91
Sumikin Bussan Corporation Vs. Chittagong Port Authority and Others, 2001, 30 CLC (HCD)
....es that subject to Clause 29, no bidder shall contact the purchaser on any matter relating to its Bid, from the time of bid opening to the time the Contract is awarded. 14. For appreciation of the relevant terms of the tender documents Clause 33.1, 33.2, 29.1, 26.3 are quoted below: “33.2 An......s Legal Advisor Annexure-Y1 to the affidavit in opposition of the respondent No.9. The Legal Adviser of the Chittagong Port Authority opined on 17-9-2000 “I am of the opinion that the documents and papers submitted by the bidder after the deadline of the submission of the bid may not be considered......t Division (Special Original Jurisdiction) Present: Kazi AT Monowaruddin J Md. Muzammel Hossain J Sumikin Bussan Corporation………….Petitioner Vs. Chittagong Port Authority and Others.........Respondents. Judgment June 4, 2001. Case Referred To- Sharping Matsh......LII of 1976). The respondent No.1 floated a tender on 24-1-2000 for the supply of four (4) units of Rail Mounted Quay Gantry Cranes with necessary spare parts and services as specified in the bidding documents from bidders of eligible member countries of Asian Development Bank with which Bangladesh ..Category: Others | Date: | Hits: 153
Sk Sohrab Ali Vs. Gazi Abdur Rashid and others, 2000, 29 CLC (HCD)
....0 of 1981. Judgment Gour Gopal Saha J.- This Rule is directed against the order dated 4-11-80 passed by the 3rd Court of Subordinate Judge, Dhaka in Money Suit No.186 of 1978. 2. Short facts relevant for the purpose of the case are that the opposite party as plaintiff instituted a suit in t......is order, with notice to the contending parties. Communicate the order to the learned Subordinate Judge, 3rd Court, Dhaka at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 598. ......preme Court High Court Division (Civil Revisional Jurisdiction) Present: Gour Gopal Saha J Sikder Maqbul Hoq J Sk Sohrab Ali………………Petitioner Vs. Gazi Abdur Rashid and others.................Opposite Parties. Judgment October 25, 2000. Lawyers Involved: ......is order, with notice to the contending parties. Communicate the order to the learned Subordinate Judge, 3rd Court, Dhaka at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 598. ..Category: Procedural Law | Date: | Hits: 82
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