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Mohiuddin Ahmmed and others Vs. State, 2011, 40 CLC (HCD)

....e appeal is vacated. The Tribunal is directed to dispose of the case as early as possible. Communicate a copy of the judgment. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......e appeal is vacated. The Tribunal is directed to dispose of the case as early as possible. Communicate a copy of the judgment. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......d others ………… Appellants Vs. The State ……………………………………………Respondent Judgment May 15, 2011. Result: The appeal is dismissed. Case Referred to- State Vs. Md. Shafiqul Islam, Officer, Lal Dighi East, Agrani Bank Branch, 40 DLR 310; Mahbub......fter proper investigation and the Tribunal took cognizance of the offence. 6. We have examined the documents referred by the learned Advocate for the appellants and also examined the provisions of law. The Drug Act, 1940 does not ousts the jurisdiction of any other Court to try an offence relatin..

Category: Criminal Law | Date: | Hits: 99

Md. Selim Vs. State, 2011, 40 CLC (HCD)

....tated above, we do not find any merit in the appeal. Accordingly, the appeal is dismissed. Send down the lower Court records. Naima Haider J. - I agree. Ed. This Case is also Reported in: ......to which he pleaded not guilty and declined to adduce any evidence in defense. The learned Judge of the Tribunal after conclusion of trial found the appellant guilty of charges framed against him and accordingly convicted and sentenced him, as aforesaid, by her judgment and order dated 15.6.1996. Th...... J Md. Ruhul Quddus J Md. Selim..................Appellant Vs. The State..................Respondent Judgment April 10, 2011. Result: The appeal is dismissed. Case Referred to- Yousuf Sk. alias Sk Abu Yousuf Vs. Appellate Tribunal and another, 29 DLR (SC) 211; Abdul Hai......f any arms. In these days people do not dare to stand against illegal arms-holders and terrorists because of fear of life and honour. We must consider this social reality in interpreting the criminal law and rules of evidence. 11. The learned Judge of the Special Tribunal has considered the evide..

Category: Criminal Law | Date: | Hits: 94

Hozizur Rahman and others Vs. Abu Bakar Chowdhury and others, 2011, 40 CLC (AD)

....ich has been most proper and justified in the given facts and circumstances. This civil petition for leave to appeal is, therefore, dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 400.......was subsequently renumbered as Title Suit No.213 of 1994. 3. The present defendant-petitioners appeared in that suit and filed an application praying for rejection of the plaint stating that according to the plaint case itself the plaintiffs earlier filed a title suit being Title Suit No.15......aduzzaman, Advocate instructed by Syed Mahbubur Rahman, Advocate-on-Record—For Respondent Nos.1-3, 10 & 12. Respondent Nos. 4-9, 11 & 13-26—Not represented. Civil Petition for Leave to Appeal No.2298 of 2009. (From the judgment and order dated 19.05.2009 passed by the High Court......6 months from the date of receipt of the order, in default, for proceeding with the trial of the Title Suit No.213 of 1994. The learned Advocate has argued that the High Court Division has erred in law in giving this very direction ignoring the provision of Section 10 of the Code of Civil Proced..

Category: Property Law | Date: | Hits: 75

Muktarpur Matashajibi Samabaya Samity Ltd. Vs. Government of Bangladesh and others, 2011, 40 CLC (AD)

....d of the High Court Division, be communicated to the Chief Judicial Magistrate, Sunamganj for taking action as per direction made above. Ed. This Case is also Reported in: 9 ADC (2012) 390. ......urt Division in Writ Petition No.902 of 2009 directed the Deputy Commissioner, Sunamganj to consider the petitioner's application within a period of 6 weeks by its order dated 08.02.2009. Thereafter, according to the respondents, the petitioner was granted a lease only for the year 1416 BS. Upon scr................Petitioner Vs. Government of Bangladesh and others...............................................Respondents Judgment March 30, 2011. Result: The Civil Petition for Leave to Appeal is dismissed. Lawyers Involved: Rafique-ul Huq, Senior advocate instructed by Md. ...... 1416 BS and as such the lease of the petitioner for the years 1416 to 1420 BS was concluded, and, therefore, the subsequent report claiming that the lease was only for one year is not sustainable in law and as such the judgment dated 21.04.2010 passed in Writ Petition No.1505 of 2010 is liable to b..

Category: Property Law | Date: | Hits: 90

Arab Bangladesh Bank Ltd. Vs. Md. Salauddin and others, 2010, 39 CLC (HCD)

....f the Artha Rin Adalat Ain, 1990 and as such the suit is impliedly barred that law and by holding otherwise he has committed an illegality resulting in an error in the decision occasioning failure of justice. 8. Mr. Razzaque, next submits that the learned Joint District Judge having failed to app......ns reported in 51 DLR (AD) 221 and 8 BLD 241. 11. On the other hand, Mr. Md. Ziaul Hoque, the learned Advocate appearing for the plaintiff-opposite party No.1 supports the impugned order which was according to him just, correct and proper. Drawing our attention to the contents of the plaint Mr. H...... Vs. Mr. Md. Salauddin and others ..................................Plaintiff-opposite parties Judgment July 8, 2010. Result: The Rule is hereby made absolute. Cases Referred to- BSRS Vs. Rahman Textile Mills Ltd., 51 DLR (AD) 221; Manir Ahmed Khan Vs. Bazlu Mia (MA), 8 B......eeds as set forth in the schedule "ka" of the plaint are illegal, forged, fake collusive and made by false personation and of no legal effect which is not only misconceived and also clearly barred by law because the Artha Rin Adalat Ain being a special legislation setting up special Court the remedi..

Category: Civil Law | Date: | Hits: 141

S.M. Kamaluddin Vs. Chairman, First Labour Court, Dhaka and others, 2011, 40 CLC (AD)

....e impugned judgment of the High Court Division does not call for any interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 255.......e impugned judgment of the High Court Division does not call for any interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 255.......Begum, Advocate-on-Record—For the Petitioner. Mrs. Sufia Khatun, Advocate-on-Record—For the Respondent Nos.2 and 3. For Respondent Nos.1 and 4—Not represented. Civil Petition for Leave to Appeal No. 962 of 2011. (From the judgment and order dated 8th December, 2010 passed by the Hi......ounsel appearing on behalf of the petitioner submits that the High Court Division passed the impugned judgment and order upon misreading and misinterpreting the materials on record and relevant law. He points out that the Chairman of the Labour Court while passing his judgment failed to take i..

Category: Labour and Industrial Law | Date: | Hits: 183

Sheikh Moqbul Ahmed and Rabeya Khatun Vs. Ms. Nurunnahar Begum, 2012, 41 CLC (AD)

....r dated 15.06.2004 passed by the Joint District Judge, 1st Court, Pabna in Succession Certificate Case No.23 of 2001 be restored. Ed. This Case is also Reported in: 9 ADC (2012) 246. ......ts will be distributed among the heirs of the deceased as per Muslim Law of inheritance and ordered for issuance of succession certificate in favour of the petitioners and the opposite party No.1 accordingly. 6. Being aggrieved by this judgment and order of the trial court the opposite party ......nvolved: Israfil Hossain, Advocate instructed by Md. Ferozur Rahman, Advocate-on-Record—For the Petitioners. Khaled Ahmed, Advocate-on-Record—For the Respondent. Civil Petition for Leave to Appeal No.214 of 2010. (From the judgment and order dated 21.10.2009 passed by the High Court ......nt any nominee for his provident fund. So according to the above mentioned provision of these "Rules" the provident fund benefit will have to be disbursed to all his legal heirs according to personal law of inheritance. So, evidently, the High Court Division was wrong in holding that since the par..

Category: Civil Law | Date: | Hits: 154

Meher Negar Vs. Mojibur Rahman, 1994, 23 CLC (HCD)

.... Motion No. 13 of 1987 is hereby set aside and that of the Magistrate, Kalkini passed in Miscellaneous Cass No. 42 of 1986 is restored. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 18. ......hat the Family Courts Ordinance being a special law it cannot override the provisions of general law namely, the Cr.P.C. unless there is express provision to that effect in the special law itself and according to him there is no such specific and express provision ousting the jurisdiction of the Mag...... Meher Negar……………………Petitioner Vs. Mojibur Rahman………………Opposite Party Judgment September 5, 1994. Result: The Rule is made absolute. Cases Referred to- Civil Revision No. 870 of 1991, (unreported decision); Abdul Khaleque (Md) Vs. Selina Begum a......one appears to oppose the Rule on behalf of the opposite party. 5. Mr. Alimuzzaman Chowdhury, the learned Advocate for the petitioner, contends that the Family Courts Ordinance, 1985 is a personal law applicable to the Muslims of Bangladesh only and not to any other community and, as such, its pr..

Category: Family Law | Date: | Hits: 215

Iskander Lasker Vs. District Magistrate, Jessore and others, 1994, 23 CLC (HCD)

.... Khan of village Ramnager, Police Station Kotwali, District Jessore, be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 12. ...... Khan of village Ramnager, Police Station Kotwali, District Jessore, be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 12. ......ugh the Secretary, Ministry of Home Affairs, Bangladesh Secretariats, Dhaka ..................Opposite Parties. Judgment June 2, 1994. Result: The Rule is made absolute. Cases Referred to- Mrs. Saleha Chowdhury Vs. Government of Bangladesh and others, 40 DLR 207; Abdul Latif Mirza ......rder or orders passed as to this Court may seem fit and proper. 2. The petitioner, a cousin of the detenu, filed the application under section 491 of CrPC stating, inter alia, that the detenu is a law abiding citizen and a well behaved reputed businessman in the locality owning a grocery shop and..

Category: Criminal Law | Date: | Hits: 86

Syed Monirul Huda Chowdhury Vs. Fouzia Chowdhury and others, 1994, 23 CLC (HCD)

....ught for claiming damages for breach of contract. Their Lordships of the Privy Council held as under: "All rules of Court are nothing but provisions intended to secure the proper administration of justice, and it is therefore essential that they should be made to serve and be subordinate to that ......cepted. The revision is thus devoid of any merit. The result, therefore, is that the Rule is discharged without any order as to costs. Ed. This case is also Reported in: 47 DLR (AD) (1995) 10.......��………Petitioner Vs. Fouzia Chowdhury and others…………………………………Opposite Parties Judgment June 5, 1994. Result: The Rule is discharged. Cases Referred to- Charan Das Vs. Amir Khan, AIR 1921 (PC) 50; Radha Krishna Vs. Dwarka Das, 36 DLR (AD) 253; Ka...... re‑arrangement of the facts in the plaint to their proper perspective and necessary for appropriate relief. The impugned order is not explicit but it is impliedly very clear and in accordance with law. 11. In the aforesaid premises the arguments of Mr. Kazi Shahadat Hossain does not inspire an..

Category: Property Law | Date: | Hits: 151

Commissioner of Taxes, Chittagong (South) Zone, Chittagong Vs. Mohammadi Trading Company, 1994, 23 CLC (HCD)

....ioner of Taxes. Send a copy with the seal of the Court to the Appellate Tribunal, Chittagong. There will be no order as to costs. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 6. ......ioner of Taxes. Send a copy with the seal of the Court to the Appellate Tribunal, Chittagong. There will be no order as to costs. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 6. ......rt to the Appellate Tribunal, Chittagong. There will be no order as to costs. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 6. ......t case is a limited Company carrying on business under the name and style of Mohammadi Trading Company, which has subsequently been nationalised after the liberation of Bangladesh. The question of law referred to is: "Whether on the facts and in the circumstances of the case, the Tribunal was ..

Category: Fiscal/Taxation Law | Date: | Hits: 188

American Bureau of Shipping Vs. Commissioner of Taxes (South) Zone, Chittagong, 1994, 23 CLC (HCD)

....l dispose of these three Reference applications namely, Application Nos. 80, 81 and 82 of 1992. There shall be no order as to costs. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 1. ...... India. It was held that not all the profits accrued in British India but a part of the profits accrued in the Hyderabad State where the manufacturing process took place be taxed and the profits must accordingly be apportioned. Mahajan J, observed thus:‑ Profits are not wholly made by the act of s...... namely, Application Nos. 80, 81 and 82 of 1992. There shall be no order as to costs. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 1. ......for business in Bangladesh cannot be allowed on the theory that no foreign income earned outside Bangladesh can be taken into account for computing taxable income in this country. 3. The points of law referred to by the assessee in this Reference Application No. 80 of 1992 are many in number but ..

Category: Fiscal/Taxation Law | Date: | Hits: 159

Abdul Ali and another Vs. State, 1977, 6 CLC (AD)

....t critically examining its propriety. 17. It is no doubt true that the power as envisaged in section 561-A of the Cr. P. C. is an extra ordinary power which is inherent in the High Court for doing justice but such power is to be used extremely cautiously and that solely for advancing the cause ......ain person should not be thwarted or interrupted at an interlocutory stage but should be allowed to proceed to the final determination by the Court as to the guilt or innocence of the said person according to the relevant law applicable to the case. In appropriate case, however, the Court should.................................Appellants Vs. The State.............................................Respondent Judgment June 30, 1977. Result: The appeal is dismissed. Cases Referred to- Balmukund Vs. Collector, Ahmednagar, A.I.R. 1935 Bombay 25; Zainul Abedin Vs. State, 9 DLR 64...... affecting the pecuniary interests of the ‘Government’ or to make, authenticate or keep any document relating to the pecuniary interest of 'the Government' or to prevent the infraction of any law of the protection of the pecuniary interest of the Government, and every officer in the service ..

Category: Criminal Law | Date: | Hits: 115

Ajufannessa @ Aji Bibi and others Vs. Safar Miah and others, 1977, 6 CLC (AD)

....at the appeal is allowed with costs. The judgment and decree of the High Court it set aside and those of the Courts below are restored. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 41. ...... was only in respect of the father's name of Mainuddin. According to the plaintiff, it was Amir, as was mentioned in the Kabuliyat Ext.3, and not Ainuddin as was mentioned in the Khatian Ext. 6, but according to the defence, it was Ainuddin and not Amir and it has been correctly stated in the Khati.......…………….Appellants Vs. Safar Miah and others..........................................Respondents Judgment April 5, 1977. Result: The appeal is allowed. Cases Referred to- Midnapore Zamindaay Co. Vs. Naresh Narayan Singh LR 48; IA 49; ILR 48 Cal. 640; AIR 1922 PC 2......reement with the aforesaid finding on the view that in judging this question the said Court had committed an error in regard to the burden of proof and that, as such, their finding was not tenable in law. We do not think that the learned Judges of the High Court were correct in their view that the f..

Category: Property Law | Date: | Hits: 97

Fazlur Rahman Vs. Rajab Ali and others, 1977, 6 CLC (AD)

....e the dispute which has arisen in respect of the election to certain offices of a Union Parishad requires very expeditious disposal, we were of the opinion that for the convenience of the parties and justice of the case this application for leave might be disposed of finally without formally admit......o make the following observation in their order dated 24-3-77: "Mr. Haider further submits that the respective parties have filed written statements in the suit. The learned Subordinate Judge is accordingly directed to dispose of the suit in view of the questions that have been raised in the ......�……………………Petitioner Vs. Rajab Ali and others..................Respondents Judgment July 18, 1977. Result: The order of the High Court is set aside. Cases Referred to- Tara Kant Banerjee Vs. Puddo Money Dossee, (1865) 10 M.I.A. 476: 5 W R 63; Md. Sulaiman Vs. K......appeared for the petitioner and Mr. N. U. Haider, was also present to oppose this petition on behalf of Respondents No.1 and 2. Since this petition has raised some important questions of procedural law but at the same time the dispute which has arisen in respect of the election to certain offices ..

Category: Civil Law | Date: | Hits: 111

Musammat Khaleda Razia Khanam and others Vs. Mahtabuddin Choudhury and others, 1977, 6 CLC (AD)

....chase enured to the benefit of Kushor Pashi. We do not find any of the contentions to be of substance. The petition is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 27. ......chase enured to the benefit of Kushor Pashi. We do not find any of the contentions to be of substance. The petition is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 27. ......�For the Petitioner. Khandker Mahbubuddin Ahmed, Advocate, with Md. Shafiqur Rahman, Advocate-For Respondents No.1-6. Not Respresented—Respondents No.7-15. Civil Petition for Special Leave to Appeal No.28 of 1977. (From the Judgment and Decree dated 23-6-76 passed by the High Court Di......e disputed Kabalas were not paper transactions and that the finding of the trial Court was contrary to the evidence on record. The Court of appeal below does not appear to have committed any error of law or procedure in coming to the finding that the disputed Kabalas were genuine documents and t..

Category: Property Law | Date: | Hits: 102

M H Khandker, Advocate Vs. Bangladesh (formerly Province of East Pakistan) & another, 1977, 6 CLC (AD)

....lt, therefore, is that subject to the observation made above, the appeal is dismissed. There shall, however, be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 1. ......East Pakistan for a period of 99 years commencing from the 29th day of January, 1957 in consideration of the payment of 7.980/- as salami and annual rent of Rs. 36/-which is liable to be revised, according to the terms of the deed of lease, after a period of 30 years. The appellant was called up......�…Appellant Vs. Bangladesh (formerly Province of East Pakistan) & another..........Respondents Judgment July 27, 1977. Result: The appeal is dismissed. Cases Referred to- Lennon Vs. Gibson & Howes Ltd., (1919) AC 709; Kallv Das Ahiri Vs. Man Mohan Das, ILR 24 ......he Provisional Constitutional Order, 1969 read with Article 98 of the late Constitution of Pakistan for a declaration that the notice asking the appellant to make payment of Rs. 82/26 was without any lawful authority and also for a direction restraining Respondent No. 2 from realising amount in exce..

Category: Property Law | Date: | Hits: 114

Teli alias Mantu and others Vs. State, 2011, 40 CLC (HCD)

.... leveled against them. They are also released from their bail bonds. Send down the lower Court records. Naima Haider J. - I agree. Ed. This Case is Also Reported in: 21 BLT (HCD) (2013) 287. ......nnocent and falsely implicated in the case out of election feud. 5. After conclusion of trial, learned Judge found the appellants guilty of offence under sections 395 and 397 of the Penal Code and accordingly pronounced his judgment on 30.10.1995 convicting and sentencing them as aforesaid. The a............................. Respondent Judgment April 20, 2011. Result: The appeal is allowed. Lawyers Involved: Afsana Begum, Advocate - for the appellants. Promila Biswas, Deputy Attorney General - for the respondent. Criminal Appeal No. 2451 of 1995. Judgment Md. Ruhul Q......im with a Chinese axe on his jaw. At the time of their retreat, he recognized all the appellants namely, Teli, Sabu, Intaz, Hamu and Chana and disclosed their names to his wife, brother and sister-in-law (wife of brother) just after they had fled. 10. P.W.7 Jarip Uddin stated that at the night of..

Category: Criminal Law | Date: | Hits: 103

Mokbul Hossain and others Vs. State, 2011, 40 CLC (HCD)

.... statements of appellant Nos.1 and 2 made under section 342 of the Code. It is a well settled principle of law that non-consideration of statements under section 342 of the Code causes miscarriage of justice [reliance placed on The State Vs. Manu Miah reported in 54 DLR (AD) 60]. Since the appellan......ikes elsewhere to escape liability of loan to his Principal Merchant. 6. After conclusion of trial, the learned Judge found the appellants guilty of offence under section 395 of the Penal Code and accordingly pronounced his judgment on 31.8.1996 convicting and sentencing them as aforesaid, while ......dus J Mokbul Hossain and others ........Appellants Vs. The State...............................Respondent Judgment April 19, 2011. Result: The appeal is allowed. Case Referred to- State Vs. Manu Miah, 54 DLR (AD) 60. Lawyers Involved: No one appears - for the appella......ccused to prove themselves innocent. He was to see whether the prosecution was able to prove its case beyond reasonable doubt, and whether the confessional statements were recorded in accordance with law and were made voluntarily. It is pertinent to see that the appellants were arrested and taken on..

Category: Criminal Law | Date: | Hits: 105

Al-Amin Vs. State, 2011, 40 CLC (AD)

.... liberty to take the petitioner into custody if he misuses of privilege of bail. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 9 ADC (2012) 84. ...... liberty to take the petitioner into custody if he misuses of privilege of bail. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 9 ADC (2012) 84. ......�……………………………Petitioner Vs. The State..............................................................Respondent Judgment March 14, 2011. Result: Leave is granted to admit the accused petitioner on bail. Lawyers Involved: Mizanur Rahman, Advocate, instructe......ng agency in their forwarding report alleged that he actively participated in the murders. 4. Mr. Mizanur Rahman, learned counsel for the petitioner contended that the High Court Division erred in law in not confirming the ad-interim bail granted to the petitioner in the absence of any allegation..

Category: Criminal Law | Date: | Hits: 96

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