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Abdul Mannan Bhuiyan Vs. State, 2010, 39 CLC (AD)
....t Division, in the premises, are perfectly justified in maintaining the conviction and sentence of the appellant. The appeal is therefore dismissed. Ed. This Case is also Reported in: ......t Division, in the premises, are perfectly justified in maintaining the conviction and sentence of the appellant. The appeal is therefore dismissed. Ed. This Case is also Reported in: ......………………………….Appellant Vs. The State……………………………Respondent Judgment January 5, 2010. Result: The appeal is dismissed. Cases Referred to- Bilkis Ara Begum Vs. State, 4BLC 386; State Vs. Manik Bala 41DLR 435; State Vs. Shafique 43DL....... 5. The learned Assistant Sessions Judge while convicting the appellant observed that Mohammad Altaf Hossain Mollah (P.W.8) recorded the confessional statement of the appellant in accordance with law, that he did not find any infirmity in the confessional statements on perusal of exhibit-2 serie..Category: Criminal Law | Date: | Hits: 100
Monir Hossain Vs. State, 2012, 41 CLC (AD)
....used inflicted injuries to the victim. The medical evidence, it is contended, having supported the injuries caused by all accused persons, the impugned judgment is required to be examined for ends of justice since the sentence of death has been maintained in respect of the petitioner alone. In elabo......accused persons who have been convicted under sections 302/34. Accordingly, ends of justice demands that the sentence awarded to the petitioner is required to be commuted to imprisonment for life and accordingly it is commuted. This petition along with Jail Petition No.6 of 2009 is disposed of w....... The State, represented by the Deputy Commissioner, Manikgonj………Respondent (In both the cases) Judgment January 9, 2012. Result: The death sentence of the petitioner is commuted to imprisonment for life. Lawyers Involved: A.K. Badrul Huq, Senior Advocate (with Mansurul H...... to imprisonment for life and accordingly it is commuted. This petition along with Jail Petition No.6 of 2009 is disposed of with the above observations. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 95
State Vs. Md. Monirul Islam, 2011, 40 CLC (AD)
....ecause the charge against the accused person has been proved by cogent and probable witnesses, the High Court Division erred in law in setting aside the conviction and sentence causing miscarriage of justice. II. Because the during investigation of the case, the accused-respondent repaid the misa...... the High Court Division against the said conviction and sentence. A Division Bench of the High Court Division by the impugned judgment found the respondent not guilty of the charge and acquitted him accordingly. 4. We have perused the evidence of the witnesses, the judgment of the Special Judge ......………Petitioner Vs. Md. Monirul Islam……………………………Respondent Order June 23, 2011. Result: Leave is granted. Lawyers Involved: Goutam Kumar Roy, Deputy Attorney General, instructed by B. Hossain, Advocate-on-Record- For the Petitioner. Md. Mazibur Rah......Court Division. We have heard the learned Deputy Attorney General and learned counsel appearing for the respondent. The learned Deputy Attorney General contended that the High Court Division erred in law in acquitting the accused-respondent on a superficial consideration of the evidence on record in..Category: Criminal Law | Date: | Hits: 77
State Vs. Md. Abul Hossain and another, 2011, 40 CLC (AD)
....tence of imprisonment for the period they have already undergone. The appeals are allowed with the modification of the sentence as above. Ed. This Case is also Reported in: 9 LG (AD) (2012) 47. ......wal of licence. He, however, denied his responsibility of misappropriation saying that it was the duty of the Assistant Post Master. He admitted the realization of money from the licence holders but, according to him, he was not involved in the process of realization of money against selling of stam......and another………….Respondents (In Criminal Appeal No.26 of 2004) Judgment December 7, 2011. Result: The appeals are allowed. Lawyers Involved: Mamtaz Uddin Fakir, Additional Attorney General, instructed by B. Hossain, Advocate-on-Record- For the Appellant (In both the appeals......ction 405 defines ‘criminal breach of trust’ speaks of a person being in any manner entrusted with the property, it does not contemplate the creation of a trust with all the technicalities of the law of trusts. It contemplates the creation of a relationship whereby the owner of the property make..Category: Criminal Law | Date: | Hits: 85
Biman Bangladesh Airlines Limited and others Vs. Md. Moniruzzaman and others, 2011, 40 CLC (AD)
....eing a punishment as contemplated under Regulation 52(1) of Bangladesh Biman Corporation Employees (Service) Regulations, 1979, the question of any grievance for breach of the principles of natural justice for not giving notice or an opportunity of being heard does not arise irrespective of the ......y the other terminated employees particularly in Writ Petition No.526 of 2007 wherein the Rules were made absolute on different dates with direction upon the present appellants to re-instate them and accordingly, they reinstated all the terminated employees except the writ-respondent. When the above......h Airlines Limited and others.........Appellants Vs. Md. Moniruzzaman and others...............Respondents Judgment December 1, 2011. Result: The appeal is allowed. Case Referred to- Aleka Khatun Vs. Government of Bangladesh, 61 DLR 693. Lawyers Involved: Zainul Abedin,......No. DACGF/P-34174 dated 4-2-2007 issued by the Deputy General Manager Personnel, Biman Bangladesh Airlines Limited terminating him from service under the said regulation to have been issued without lawful authority and is of no legal effect. The petitioner also sought a declaration that he has a r..Category: Employment/Service Law | Date: | Hits: 111
Government of Bangladesh and others Vs. Abdul Motaleb & others, 2011, 40 CLC (HCD)
.... based on proper appreciation of laws and facts. Accordingly, all the 3 (three) appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 50. ...... the High Court Division having considered that the schedule and the provision of section 20 of the State Acquisitior and Tenancy Act declared that the suit it the khas land of the Government and has accordingly been recorded in Khatian No.1 Lamio Matbar ceased to have any right, title and interest ......ul Huda J Government of Bangladesh and others.........Appellants (In all the appeals) Vs. Abdul Motaleb & others.......................Respondents (In all the appeals) Judgment October 12, 2011. Result: All the 3 (three) appeals are dismissed. Cases Referred to- AK......evenue Officer was correct. He allowed the appeal and set aside the order of the Revenue Officer dated 3-4-1953. He also observed that the revenue authority might take appropriate action according to law in the light of the observations contained in his judgment. The learned Special Judge regretted ..Category: Property Law | Date: | Hits: 67
.... out of the record.
Accordingly, we do not find any merit whatsoever in this criminal petition for leave to appeal which is dismissed.
Ed.
This Case is also Reported in: 17 BLC (AD) (2012) 44....... out of the record.
Accordingly, we do not find any merit whatsoever in this criminal petition for leave to appeal which is dismissed.
Ed.
This Case is also Reported in: 17 BLC (AD) (2012) 44.......hamsul Huda J
Faridul Islam alias Faridul Alam and others..........................Petitioners
Vs.
State, represented by the DC, Chittagong and another………Respondents
Judgment
October 13, 2011.
Result:
The appeal is dismissed.
Lawyers Involved:
Khurshid Alam Khan, A......t in previous PS Case No.12(5) 2000 no trial was held and that the accused were neither convicted nor punished and, as such, there is no bar to a second trial if charge is framed in accordance with law.
12. In this connection, it is important to note that the High Court Division was misled by t..
Category: Criminal Law | Date: | Hits: 85
Government of the People's Republic of Bangladesh Vs. Nasirur Rahman, 2011, 40 CLC (AD)
....on of the direction given by the High Court Division in the impugned judgment and order. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 87, 9 LG (AD) (2012) 50, 17 MLR (AD) (2012) 89. ......by the Deputy Secretary, (Adm) through the office order vide Memo No.Moshi Bim/Sha-4-2/24/1997-503 dated 15.09.2002 for giving recommendation in respect of reinstatement of the petitioner in service; accordingly the enquiry committee after holding enquiry opined that “অত্র মন্ত্......rs Vs. Nasirur Rahman…………………………..Respondents Judgment December 11, 2011. Result: The leave petition stands disposed of. Lawyers Involved: Mahbubey Alam, Attorney General instructed by M. Wali-ul-Islam, Advocate-on-Record-For the Petitioners. Nasirur Ra......writ petition before the High Court Division challenging the letter vide Memo No. Moshi Bim/Sha-7/28/96-97(Angsh-1)206/1(2) dated 02.08.1999 signed by writ-respondent No.4 to have been passed without lawful authority and is of no legal effect and also for direction upon the writ respondent-petitione..Category: Employment/Service Law | Date: | Hits: 119
Government of Bangladesh and Others Vs. Md. Mosharraf Hossain, 2011, 40 CLC (AD)
....ith retrospective effect from the date of his appointment as the Bench Reader and further inform him of such action by 10:00 AM on 17.05.2009, failing which it was stated that it would be deemed that justice has been denied to the petitioner. No action having been taken on the said notice, the petit......nt appellants who were respondent Nos.1-3 in the writ petition to grant him the status of First Class Gazetted Officer with a pay scale of TK. 9000-405X16-15480 under the National Pay Scale, 2005 and accordingly, Rule was issued in the writ petition. 4. In the writ petition, it was stated, inter ...... J Md. Shamsul Huda J Government of Bangladesh and Others……………..Appellants Vs. Md. Mosharraf Hossain……………………………………….Respondents Judgment October 16, 2011. Result: This petition is dismissed. Cases Referred to- 59 DLR (AD) 54; G......গ বিধিমালা, ২০০০ in so far as they treat the Bench Readers as Third Class Non-Gazetted Officers instead of First Class Gazetted Officers to have been issued and made without lawful authority and are of no legal effect. The petitioner also sought direction upon the present a..Category: Employment/Service Law | Date: | Hits: 127
Government of Bangladesh and Others Vs. Himangshu Ranjan Pal, 2011, 40 CLC (AD)
.... dated 2.6.1994 asking the petitioner to show cause as to why he should not be punished departmentally no notice was served upon him, which is violation of his fundamental right and denial of natural justice to the petitioner. 9. We have heard Mrs. Shakila Rowshan, Deputy Attorney General for the......dgment of the Administrative Appellate Tribunal. In the result, the Civil Petition for Leave to Appeal No.2356 of 2009 is dismissed. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 64. ......msul Huda J Government of Bangladesh and Others………………………Appellant Vs. Himangshu Ranjan Pal…………………………………………….Respondents Judgment October 16, 2011. Result: The Petition is dismissed. Lawyers Involved: Ms. Sakila Rowshan,......s but got no response. He once again filed representation but he was not favoured with any reply. 5. In view of the above situation the petitioner was compelled to serve legal notice through his lawyer requesting the authority to inform the petitioner about the real state of fact in respect of ..Category: Administrative Law | Date: | Hits: 240
Rajdhani Unnayan Katripakkha (RAJUK) Vs. A.K.M. Abdul Hakim and Others, 2010, 39 CLC (AD)
.... RAJUK by letter dated 03.03.2008 informed the respondents that without a succession certificate it is not possible to consider their application. 5. The writ petitioners served a notice demanding justice upon the writ respondents on 13.08.2008, but received no communication and as such the writ ......ion of the allotted plot to the successors of the deceased allottee. Issuance of succession certificate is not contemplated for immoveable property. We find no substance in this petition, which is accordingly dismissed with cost of Tk. 10,000/- (ten thousand) only. Ed. This Case is also Rep......-Record-For the Petitioners. Kamrul-ul-Alam, Senior Advocate instructed by Zainul Abedin, Advocate-on-Record-For Respondent No.1. Not represented-Respondent Nos. 2-8 Civil Petition for Leave to Appeal No.2186 of 2009. Judgment Md. Abdul Matin J. - This petition for leave to appeal is ......eable property. We find no substance in this petition, which is accordingly dismissed with cost of Tk. 10,000/- (ten thousand) only. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 34. ..Category: Civil Law | Date: | Hits: 76
State Vs. Dafader Marfoth Ali Shah and another, 2011, 40 CLC (AD)
....sion failed to appreciate the abundance of evidence on record proving the circumstances and the establishing of a chain between them and arrived at a wrong conclusion causing a serious miscarriage of justice. IV. Because the prosecution case that: a) in order to kill the 4(four) national leade......sed Major Md. Khairuzzaman, Taher Uddin Thakur, Shah Moazzem Hossain, A.K.M. Obaidur Rahman and Nurul Islam Monzur not guilty of the charge under sections 302/109 of the Penal Code and acquitted them accordingly. The state or none from the deceaseds family had preferred any appeal or revision agains......…………Petitioner Vs. Dafader Marfoth Ali Shah and another………….Respondents Order January 11, 2011. Result: The Leave is granted. Lawyers Involved: Mahbubey Alam, Attorney General (Chief State) with Anisul Huq, Senior Advocate, with Murad Reza, Additional Attorney ...... judgment by misreading, misquoting and misunderstanding the evidence on record especially that of P.W.29 and P.W.52; as such the judgment is perverse. II. Because the High Court Division erred in law by not properly applying the well settled principles of law regarding circumstantial evidence an..Category: Criminal Law | Date: | Hits: 191
Mainuddin Vs. State and another, 2010, 39 CLC (AD)
.... no error of law in maintaining the impugned order. The submissions of the learned Counsel merit no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......nts submitted therewith was of the opinion that there is ground for presuming that the accused persons have committed offences punishable under sections 302/34/201 of the Penal Code and framed charge accordingly. The learned Judges of the High Court Division, in the premises, committed no error of l......ed by Md. Zahirul Islam, Advocate-on-Record- For the Petitioner. Md. Mazibur Rahman, Advocate-on-Record-For Respondent No.2. Not Represented- For Respondent No.1. Criminal Petition for Leave to Appeal No.449 of 2009. (From the judgment and order dated 22.11.2009 passed by the High Court......nikgonj, who after hearing both the parties allowed the revision and set aside the order of the Magistrate directing further investigation and directed the Magistrate to take steps in accordance with law. The learned Magistrate thereupon examined the complainant, held an enquiry under section 202 of..Category: Criminal Law | Date: | Hits: 66
....ead with the Customs Act and considering the observations made by the High Court Division in the above mentioned writ petitions and interim Order passed in similar cases denied proper dispensation of justice to the petitioner by asking it to deposit VAT as per the VAT Act and submit the treasury cha......cting the petitioner to deposit the demanded VAT as per the VAT Act in the proper head and submit the treasury Chelan-by 17-4-2007.
9. For our present sub-section 42 of the VAT Act is relevant and accordingly, subsection (2) of the section is quoted herein below:—
৪২।আপীল।
......hhab MiahJ
Nazmun Ara Sultana J
Syed Mahmud Hossain J
Md. Imman Ali J
Mamtaz Uddin Ahmed J
JMS Glass Industries Ltd............................................Petitioner
Vs.
Customs, Excise and VAT Appellate Tribunal and others...............Respondents
Judgment
Novemb......ing it to submit the copy of the treasury chalan after depositing the demanded Value Added Tax (VAT) as per the provisions of the Value Added Tax Act, 1991 (the VAT Act) to have been issued without lawful authority and is of no legal effect. Accordingly, the Rule was issued.
3. The case of the ..
Category: Fiscal/Taxation Law | Date: | Hits: 130
Azmal Khan Vs. Md. Afzal Khan and others, 2011, 40 CLC (AD)
....ent. He further submits that the defendant has a right to take alternative defence which, however, is subject to the exception that by the proposed amendment other side should not be subjected to injustice and that all amendments of the pleadings should be allowed which are necessary for the purpo...... the earlier stand taken by him. It does not also give the defendant liberty to treat the subject matter afresh in the manner he liked, ignoring the earlier written statement filed by him. Even after according permission, it is found that the defendant has totally changed the Stand taken and made st.......................................Appellant Vs. Md. Afzal Khan and others…………….........Respondent Judgment March 2, 2011. Result: The appeal is dismissed. Cases Referred to- BKN Piliai Vs. Pillai, AIR 2000 SC 614; Modi Spinning and Weaving Mills Co. Ltd Vs. Ladha Ram......nga Bai Vs. Vijay Kumar, Air 1974 SC 1126 it has been observed: "the power to allow an amendment is undoubtedly wide and may at any stage be appropriately exercised in the interest of justice, the law of limitation notwithstanding. But the exercise of such far reaching discretionary powers is g..Category: Civil Law | Date: | Hits: 86
Abdus Sattar Bhuiyan Vs. Abdur Razzaque and another, 2011, 40 CLC (HCD)
....nected Civil Rule is accordingly disposed of. The trial Court is directed to dispose of the suit as expeditious as possible. Faruque Ahmed J.- I agree. Ed. This Case is also Reported in: ......ined by an order of temporary injunction from entering into the suit land or disturbing the plaintiff’s possession over the same in any manner till disposal of the suit. The connected Civil Rule is accordingly disposed of. The trial Court is directed to dispose of the suit as expeditious as pos...... Md. Ruhul Quddus J Abdus Sattar Bhuiyan being dead his heirs Monir Hossain and others…...........Appellants Vs. Abdur Razzaque and another……………...Respondents Judgment October 24, 2011. Result: The appeal is allowed. Lawyers Involved: Md. Serajul Islam Bhuiy......porary injunction, written objection and the documents of possession annexed with the supplementary affidavit filed by the appellant-petitioners in the Civil Rule. We have also consulted the relevant law of temporary injunction especially Order XXXIX rule 5A (3) of the Code, in view of which we do n..Category: Civil Law | Date: | Hits: 67
Ramjan Ali Mistry Vs. Md. Hedayelullah, 1978, 7 CLC (AD)
....td. Vs. Shri Ram Krishna Dalmia, AIR 1973 (SC) 425. In conclusion, we find no merit in this appeal, which is dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 183.......ore the 3rd Subordinate Judge, Dacca on the footing that the appellant was a monthly tenant-at-will at Tk. 40/- per mensem. The tenant was to pay the rent within the 3rd day of the following month, according to Bengali Calendar. The tenant paid rent upto Bhadra, 1380 B.S. and thereafter he default......ry……………………….Appellant Vs. Md. Hedayelullah………………………..Respondent Judgment February 27, 1978. Result: The appeal is dismissed. Cases Referred to- AK Fazlul Haq Vs. Nibaran Chandra Saha, (1967) 19 DLR 901; Mullah Mahbub Ali Vs. Jonab Ali, (......0 of 1975.) Judgment Kemaluddin Hossain CJ.- Leave was granted to consider three questions which are as follows:- 1. Whether the Courts below on the evidence on record were well founded in law in holding, that the tenant did not deposit the rent in compliance with the provisions of Rent C..Category: Property Law | Date: | Hits: 87
M/S Pak Jute Mills Ltd. Vs. Income Tax Officer and another, 1978, 7 CLC (AD)
....ere the rate of surcharge has been detailed. This point also fails. In the result, therefore, the appeal is dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 178. ......shall be applicable. The vires of this law had not been challenged. In the present case the levy of the Cyclone Relief Surcharge under Ordinance No.1 of 1971 could not be challenged. The levy will be according to the First Schedule where the rate of surcharge has been detailed. This point also fails...... Ltd…………………Appellant Vs. Income Tax Officer and another…………………Respondents Judgment August 17, 1978. Result: The appeal is dismissed. Case Referred to- Shashibala Navnitlal Vs. C.I.T., (1964) 54 I.T.R. 478. Lawyers Involved: C. R. Ali, Ad......en that this tax has been levied under item 43, clause (c) of the Third Schedule whereas, it should be clause (e). Third Schedule is merely the legislative list dealing with the matters from making laws by the legislature. Clause (e) deals with corporation taxes and taxes on income other than agri..Category: Fiscal/Taxation Law | Date: | Hits: 131
Zaminur Rahman & others Vs. Bangladesh & others, 1978, 7 CLC (AD)
....uraged. In the above premises the appeal is dismissed but in the facts and circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 171.......ate person. 7. Mr. K. A. Bakr the learned Attorney General, appearing for the Administrator of Dacca Paurashava, has raised a preliminary objection regarding the maintainability of the appeal, as, according to him, the appellants being employees of the Paurashava and not, tax-payer had no locus s...... others…………………Appellants Vs. Bangladesh & others……………………Respondents Judgment August 21, 1978. Result: The appeal is dismissed. Cases Referred to- Burmah Oil Company Limited Vs. The Trustees for the Port of Chittagong (1962) 14 DLR (SC) 106......summarily dismissing the writ petition No.416 of 1976 filed by the appellants, for declaration that the impugned Notification No. S-VI/3R-2/76/17 dated 6.7.76 issued by Respondent No.1, was without lawful authority and for directing Respondent No.1 to cancel, withdraw that or rescind the said No..Category: Fiscal/Taxation Law | Date: | Hits: 112
Mullick Brothers Vs. Income Tax Officer and another, 1978, 7 CLC (HCD)
.... Mullick alias Abul Hossain Mullick and Azim Hoisain respectively who were the partners of the appellant. The notices being illegal and being aggrieved by them the appellant served a notice demanding justice and for recalling, withdrawing, rescinding and or cancelling of the said notices of demand m......d as such the appellants were obliged to pay the tax imposed. 7. The leave was granted to consider whether the Regulation was still continuing as valid piece of legislation and that action taken according to its terms was legal. Mr. Asrarul Hossain argues that the Martial Law Regulation came ......9 (hereinafter called the Regulation) on malicious report from the informer taking advantage of the Martial Law prevailing in Pakistan. The appellant was coerced by the illegal process and was forced to accept abnormal high income and taxes assessed against the appellant and his partners under the t......r notice demanding justice on the Commissioner of Income Tax investigation (now north) Dacca being respondent No.2 on 10.4.1974 for directing respondent No.1 to grant the necessary relief under the law. Having not received any reply from the said respondent No.2 the appellant, moved the High Cou..Category: Fiscal/Taxation Law | Date: | Hits: 122
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