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State Vs. Md. Kaloo, 2003, 32 CLC (HCD)

....ariat, Dhaka; c. Inspector General of Police, Dhaka and d. Superintendent of Police, Jessore. Lower Courts Record be sent down at once. Ed. This Case is also Reported in: 58 DLR (2006) 638.......nce No. 15 of 2002. Judgment AK Badrul Huq J. - This criminal proceeding by way of Death Reference is an epitome of dowry death where wife Kohinur Khatoon became victim of dowry lust of her husband Md. Kaloo and Kohinur was tortured to death by him. 2. Diabolical and revolting crime had bee......al before Nari-o-Shishu Nirjatan Bishesh Adalat, Jessore in Nari-o-Shishu Case No. 140 of 1997. 7. Accused Md. Kaloo having been in abscondence althrough was tried in absentia on observance of all legal formalities and procedure essential for the purpose of holding trial in absentia. Bishesh Adal..

Category: Criminal Law | Date: | Hits: 45

State Vs. Shaiokh Abdur Rahman and others, 2006, 35 CLC (HCD)

....e and the two learned State Defence Lawyers representing the condemned convicts. We have also considered all materials on record including the evidence and the impugned Judgment and order. 11. For proper appreciation of the case and for determination of the sustainability of the impugned Judgment......sion (Criminal Appellate Jurisdiction) Present: Md. Ali Asgar Khan J Md. Emdadul Huq J State…………………………………………….Appellant Vs. Shaiokh Abdur Rahman and others……..Respondents. Judgment August 31, 2006. Lawyers Involved: Abdur Razaque......animosity or group rivalry or other ill-feeling or even personal acquaintance. Prosecution alleges that it was the result of indoctrination of the condemned convicts to the effect that the prevailing legal system, what they call as তাগুদি আইন must be replaced by what they recognise..

Category: Criminal Law | Date: | Hits: 224

Hiru Mia Vs. State, 2005, 34 CLC (HCD)

....nst him the period he spent in custody in connection with the offence before conviction should not be set aside and or such other or further order or orders passed as to this Court might seem fit and proper. Both the jail appeal and the Rule have been heard together. 3. Prosecution case, in short......stant Attorney-General—For the Respondent. Jail Appeal No. 245 of 2004 with Suo-Moto Rule No. 57(R) 2005. Judgment Sheikh Rezowan Ali J. - This jail appeal is directed against the judgment and order dated 8-1-2004 passed by the learned Additional Sessions Judge and Anti-Smuggling Tribunal......ntence of imprisonment awarded against a convict of the period he has been in custody in connection with the offence before conviction. So, according to him, the learned Tribunal did not commit any illegality in deducting such period of his jail custody from the sentence of imprisonment awarded agai..

Category: Criminal Law | Date: | Hits: 63

Ibrahim (Md.) & others Vs. State, 2004, 33 CLC (HCD)

....s Kalu, Abu Noman Khan and Md. Ibrahim. She next deposed that Md. Mizanur Rahman, one of her cousins, hired the accuseds with money and caused the occurrence by wire-pulling out of enmity over landed properties. PW 1 further states that after apprehension of the accuseds she went to the Police Stati......……… Condemned-Prisoners Vs. State …………………………………………………………….Respondent. Judgment November 8, 2004. Cases Referred to- Shahidullah and another Vs. State, 1987 BLD (AD) 27; PLD 1960 (Dhaka) 697; Tafazzal Haque and another Vs. State,......de sheet that he mixed the suspects along with 50 under trial prisoners having similar dress and age. He denies the defence suggestion that he did not hold the test identification parade properly and legally. 13. PW 8 is Md. Mahfuzur Rahman who in his evidence deposed that on 16-12-98 he was post..

Category: Criminal Law | Date: | Hits: 91

Ershad Ali (Md.) and another Vs. Rampada Das & others, 2004, 33 CLC (HCD)

....scharged with cost. Order of stay granted at the time of issue of the Rule is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 593.......his Case is also Reported in: 58 DLR (2006) 593.......ty No.6 in the application). Kalipada Das already transferred his interest to the pre-emptor and Durga Das to said respondent No. 4, Eshan Chandra Das died leaving his wife Hazu Rani Dasi as his only legal representative, Rajbihari Das also exhausted his interest in the" holdings by transfers to the..

Category: Property Law | Date: | Hits: 69

Nurul Haque Sarker Vs. Janata Bank and others, 2006, 35 CLC (HCD)

.... said application and transferring Money Suit No. 3 of 2004 to the 2nd Court of Joint District Judge, Narayanganj from the First Court of Joint District Judge, Narayanganj, is not at all illegal or improper, inasmuch as that is very much within the jurisdiction of the learned District Judge. He furt......Court Division (Civil Revisional Jurisdiction) Present: Siddiqur Rahman Miah J SM Ziaul Karim J Nurul Haque Sarker………………………………..Petitioner Vs. Janata Bank and others………………………….Opposite Parties. Judgment July 30, 2006. Lawyers ...... and thus the application for transfer is mala fide with the view to delaying the proceeding of the suit. He further submits that the learned District Judge, having erred in law as well as in fact, illegally passed the impugned order committing an error of law in the decision occasioning failure of ..

Category: Civil Law | Date: | Hits: 92

Abdul Aziz (Md.) Vs. Sonia Pervin Liza (Minor), 2006, 35 CLC (HCD)

....its that the petitioner has not been maintaining his daughter and she is entitled to maintenance from her father from 18-5-1990 till her marriage. He further submits that the Court of appeal below on proper consideration of the facts and circumstances of the case and evidence on record was perfectly......on No. 5175 of 2000. Judgment Siddiqur Rahman Miah J. - This Rule at the instance of the defendant-appellant under section 115(1) of the Code of Civil Procedure is directed against the judgment and decree dated 2-8-2000 passed by the learned District Judge, Manikganj in Family Appeal No. 18 of......aughter may be considered as barred by res judicata in view of the earlier Family Suit bearing No. 11 of 1990; that awarding of past maintenance from 18-5-1990 in this Family Suit No. 13 of 1997 is illegal, inasmuch as one can legally claim past maintenance for 3 years only and claim prior to 3 year..

Category: Family Law | Date: | Hits: 214

State Vs. Shahidul Islam alias Shahid and others, 2006, 35 CLC (HCD)

....e Code of Criminal Procedure during trial are that they are innocent and they have been implicated in this case falsely. Their further defence is that PW 2 Latifur Rahman wanted to make a will of his property in favour of his youngest daughter deceased Shajneen depriving her elder sisters Mrs. Simee......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- ......innocence and false implication. 9. In the petition of regular appeal being Criminal Appeal No. 3644 of 2003 condemned prisoner Hasan has taken the said grounds and also some other grounds raising legal and factual issues including the credibility of the evidence of PWs 2, 3, 4, 5, 12, 13, the cr..

Category: Criminal Law | Date: | Hits: 70

Nurul Islam and others Vs. A Huq Munshi & others, 2006, 35 CLC (HCD)

....e Judge, First Court Jhalakati, in Title Suit No. 52 of 1994 in dismissing the suit. 2. The opposite party Nos. 1 to 10 as plaintiffs instituted the suit for partition in respect of 'Ka' scheduled property and for declaration that the order dated 1-11-1994 in review case No. 2 of 1994 as stated i......is Case is also Reported in: 58 DLR (2006) 538. ......aintiffs instituted the suit for partition in respect of 'Ka' scheduled property and for declaration that the order dated 1-11-1994 in review case No. 2 of 1994 as stated in 'Kha' scheduled land is illegal, without jurisdiction, null and void and not binding upon the plaintiffs. 3. The case of th..

Category: Property Law | Date: | Hits: 70

Kazi Md. Shafiqur Rahman Vs. Bangladesh and others, 2005, 34 CLC (HCD)

....e Act and the Rules. For alleged violation of the order of the High Court Division no action had ever been taken by the writ petitioner Monowar Hossain nor was the allegation of violation proved in a properly drawn proceeding initiated by the respondent. It appears from the report dated 30-10-1998 (...... 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. ......g upon the respondents to show cause as to why the impugned order being Memo No. 329 Bichar 6/2N-35/76 dated 25-4-2001 should not be declared to have been passed without lawful authority and is of no legal effect. 2. The facts as stated in the writ petition briefly, are that the petitioner passed..

Category: Employment/Service Law | Date: | Hits: 81

Mofazzal Hossain alias Mofa and others Vs. State, 2004, 33 CLC (HCD)

.... behalf of the State, supports the impugned judgment and submits that the learned Assistant Sessions Judge, upon considering the evidence on record rightly passed the impugned judgment which is just, proper and legal and warrants no interference by this Court. 10. Let us now consider the evidence...... Reported in: 58 DLR (2006) 524. ......the State, supports the impugned judgment and submits that the learned Assistant Sessions Judge, upon considering the evidence on record rightly passed the impugned judgment which is just, proper and legal and warrants no interference by this Court. 10. Let us now consider the evidence on record...

Category: Criminal Law | Date: | Hits: 52

Korea Exchange Bank, Seoul, Korea Vs. Gemini Garments Limited and others, 2004, 33 CLC (HCD)

....st in the sphere of international banking, unless a sufficiently grave cause is shown; for interventions by the court that are too ready or too frequent might gravely impair the reliance which, quite properly, is placed on such credits. The Sztejn case is plainly distinguishable in relation both to ......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- ......the other hand, the agreement is silent in the material respect, then recourse must be had to UCP, and if a relevant term is found there, that term will govern the case." 186. In view of above legal position Oil express terms in the letters of credit and on the evidence on record, we have no ..

Category: Business or Commercial Law | Date: | Hits: 289

AM Ziaul Hoque Vs. Government of the People's Republic of Bangladesh and others, 2004, 33 CLC (HCD)

....vernment can at any time terminate his officiating appointment and revert him to his original position, even if such revision may amount to a review of the earlier order. It may, perhaps, be improper for a Prime Minister to review an order honestly made by his predecessor but such impropriety......J AM Ziaul Hoque……………………………………………………………………………………..Petitioner Vs. Government of the People's Republic of Bangladesh and others………Respondents Judgment April 20, 2004. Lawyers involved: ......petitioner in the lower position of Manager, Technical and Special Project (MT & SP), evidenced by Annexure-F to the writ petition, should not be declared to be without lawful authority and of no legal effect. 3. Perused the writ petition, affidavit-in-­opposition filed by the respondent..

Category: Employment/Service Law | Date: | Hits: 66

Md. Turan Miah and others Vs. Anguri Bibi and others, 2010, 39 CLC (HCD)

....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. ......erefore, non-consideration of so on a document while passing the judgment by the High Court Division results in erroneous decision and the lower appellate Court in its judgment fully con­sidered the legal effect of 'Shoronlipi' and 'a rent receipt' as produced by the D.W.'s and came to a specific f..

Category: Property Law | Date: | Hits: 74

Shrimp and Fish Processing Plant Ltd and another Vs. Bangladesh Bank, Dhaka and others, 2006, 35 CLC (HCD)

....ed in paragraph 7) should not be declared to have been made without lawful authority and to be of no legal effect and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. The petitioner is a private limited company. Petitioner No. 2 is the Managing Director......by vacated. Ed. This Case is also Reported in: 58 DLR (2006) 517. ......rmation Bureau of Bangladesh Bank under reference No. CIB 3(7)/2002-13935 dated 4-11-2002 (reproduced in paragraph 7) should not be declared to have been made without lawful authority and to be of no legal effect and/or such other or further order or orders passed as to this Court may seem fit and p..

Category: Business or Commercial Law | Date: | Hits: 251

Dr. Md. Abu Obaidah Vs. Commissioner of Taxes, 2005, 34 CLC (HCD)

.... the learned Advocate for the applicant. Thus, question Nos. (iii) and (iv) are also decided in the affirmative in favour of the Department. Ed. This Case is also Reported in : 58 DLR (2006) 515.......Joint Commissioner of Taxes with the finding that the assessee appellant being a director of more than one company is not an employee within the meaning of the" Rule 33(3) (b) of the Income Tax Rules and, as such, the assessee was not entitled to the exemption on account of house rent allowance. The......le Bench). In the said second appeal the assessee had also taken an additional ground that his family expenses was disclosed at Taka 72,000 but the Deputy Commissioner estimated it at Taka 1,20,000 illegally. The Taxes Appellate Tribunal upheld the order of the Joint Commissioner of Taxes with the f..

Category: Fiscal/Taxation Law | Date: | Hits: 91

Huang Chia Hsiang Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)

.... # 20 (Annexure-H) should not be declared to have been made without lawful authority and to be of no legal effect and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. The petitioner, a citizen of the Republic of China, is running his business from Thail......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......rdinance, 1983 corresponding to GR No. 1003/2000B/633/2000 confiscating the vessel FV Shin Fa Chern # 20 (Annexure-H) should not be declared to have been made without lawful authority and to be of no legal effect and/or such other or further order or orders passed as to this Court may seem fit and p..

Category: Admiralty Law or Maritime Law | Date: | Hits: 221

Shawkat Ali (Md.) and others Vs. Divisional Forest Officer and others, 2006, 35 CLC (HCD)

....effect and why Rule 8(1) of Rules, 1998 shall not be declared to be ultra vires of Article 40 of the Constitution and or such other or further order or orders passed as to this Court may seem fit and proper. 2. These Rules Nisi have arisen out of similar questions of facts and law and, as such, t...... This Case is also Reported in: 58 DLR (2006) 487. ......46, 1181, 1182, 1183, 1319, 1347 and 1348 of 2000 calling upon the respondents to show cause as to why impugned orders shall not be declared to have been made without lawful authority and to be of no legal effect and why Rule 8(1) of Rules, 1998 shall not be declared to be ultra vires of Article 40 ..

Category: Environmental Law | Date: | Hits: 551

Ashique Jeans Apparels Ltd and another Vs. National Board of Revenue and another, 2005, 34 CLC (HCD)

....gal effect and why respondent Nos. 1-2 should not be directed to withdraw, cancel, revoke and/or rescind the same and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. In Writ Petition No. 4084 of 2002, the Rule Nisi was issued calling upon the responden......(2006) 478, 26 BLD (HCD) (2006) 324. ......1(302) Anu: 1/2000/571 dated 4-4-2001 (Annexure-B) and File No.11(302) Anu: 1/2000/933 dated 31-5-2001 (Annexure-B 1) should not be declared to have been issued without lawful authority and are of no legal effect and why respondent Nos. 1-2 should not be directed to withdraw, cancel, revoke and/or r..

Category: Fiscal/Taxation Law | Date: | Hits: 93

Abdur Rahim Chowkider @ Abdur Rahman Sheikh Vs. Raji Haider and others, 2006, 35 CLC (HCD)

....ource of consideration and custody of document, motive for the transaction, position and relationship between the real owner and ostensible owner i.e. the 'Benamdar', and the conduct dealing with the property are dominant circumstances for the Court to be guided in deciding the question of 'Benami'.......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......stituted the suit against the petitioner and others for a decree of declarations, inter alia, that- (a) Order dated 14-1-1988 passed in Mutation Case No. 9P/87-88 described in schedule 'Kha' was illegal, void, inoperative and not binding upon the plaintiffs; (b) The plaintiffs have got title i..

Category: Property Law | Date: | Hits: 79