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Salina Begum Vs. Mojibur Rahman and others, 2006, 35 CLC (HCD)
....charged without any order as to the costs. Lower Court's record be sent down at once with a copy of the judgment Ed. This Case is also Reported in: 59 DLR (2007) 420; 13 MLR (HCD) (2008) 58. ......tion suit and, as such, the revisional application should be dismissed. 12. On a meticulous examination of evidence on record, registered deed, the judgments of both the Courts and other connected papers it appears that the learned trial Court by his judgment discussed the evidence and also the r......n (Civil Revisional Jurisdiction) Present: Syed Abu Kowser Md. Dabirush Shan J Salina Begum ………………………………………………….Petitioner Vs. Mojibur Rahman and others……………………………Opposite Parties Judgment June 19, 2006. Result...... permanent injunction which was also dismissed as because the plaintiff could not prove his possession by adducing any evidence. The learned lower appellate Court further observed that the registered documents which were produced by the plaintiff did not appear to prove right and title of the plaint..Category: Property Law | Date: | Hits: 40
Monir Hossain alias Monir Vs. State, 2007, 36 CLC (HCD)
....Barguna in Nari-o-Shishu Nirjatan Daman Case No. 31 of 2000 is hereby affirmed. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 416. ......e evidences available on record. 23. We have gone through the impugned judgment and order of conviction and sentence, memo of appeal and perused the entire evidence on record and other related papers minutely and also heard the learned Counsel for the appellant and the learned Deputy Attorney......€¦â€¦â€¦â€¦â€¦..Convict-Appellant Vs. State………………………………………………..Respondent Judgment March 5, 2007. Lawyers involved: Md. Khandker Mahbub Hossain with Md. Abdul Awal, Advocates—For the Convict-Appellant. Nikhilesh D......Barguna in Nari-o-Shishu Nirjatan Daman Case No. 31 of 2000 is hereby affirmed. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 416. ..Category: Criminal Law | Date: | Hits: 33
Barrister Md. Rafiqul Islam Mia Vs. Government of Bangladesh and others, 2006, 35 CLC (HCD)
.... contained in Annexure-C is declared illegal and without lawful authority and is of no legal effect. There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 407. ......he guilt of the petitioner for which sanction was sought and subsequently accorded. Further, in the sanction order there is no mention what pecuniary advantage was obtained by the petitioner and what papers were placed before the sanctioning authority which convinced the sanctioning authority that t...... (Special Original Jurisdiction) Present: Tariq-ul-Hakim J Afzal Hossain Ahmed J Barrister Md. Rafiqul Islam Mia………………….. Petitioner Vs. Government of Bangladesh and others……..Respondents Judgment October 18, 2006. Cases Referred To- Syed Mustaf...... contained in Annexure-C is declared illegal and without lawful authority and is of no legal effect. There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 407. ..Category: Anti-Corruption Laws | Date: | Hits: 140
Mahbub-ur-Rahman Chowdhury Vs. DG, Bureau of Anti-Corruption and others , 2007, 36 CLC (HCD)
.... In the result, the Rule is discharged without any order as to the cost. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 59 DLR (2007) 403. ......thority is at liberty to make an inquiry and investigate into any offence against anybody specified in the schedule of the Anti-Corruption Act or any offence notified by the government. But to demand papers and documents of statements with regard to his assets and liabilities without disclosing the ......l Jurisdiction) Present: Mir Hashmat Ali J SAK Md. Dabirush-Shan J Mahbub-ur-Rahman Chowdhury……………………………………Petitioners Vs. DG, Bureau of Anti-Corruption and others ………………….Respondents Judgment April 24, 2007. Cases Referred To- ......at liberty to make an inquiry and investigate into any offence against anybody specified in the schedule of the Anti-Corruption Act or any offence notified by the government. But to demand papers and documents of statements with regard to his assets and liabilities without disclosing the offence or ..Category: Anti-Corruption Laws | Date: | Hits: 150
Abdul Mannan Sheikh (Md) Vs. Soleman Bewa and others, 2007, 36 CLC (HCD)
....vacated. Send down the lower Court's record at once with a copy of the judgment for information and taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 392. ......se put in a nutshell is that the suit property has belonged to her, that her son defendant, about 12 years back, took her to the Naogaon Hospital for treatment, wherein he took her signatures on some papers in the name of treatment; that on 20-6-1996 the defendant disclosed that his mother (plaintif......e Court High Court Division (Civil Revisional Jurisdiction) Present: SM Ziaul Karim J Abdul Mannan Sheikh (Md)………...Petitioner Vs. Soleman Bewa and others…………. Opposite Parties Judgment February 8, 2007. Cases Refer......vacated. Send down the lower Court's record at once with a copy of the judgment for information and taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 392. ..Category: Property Law | Date: | Hits: 26
Syed Salahuddin Ahmed Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)
....t act arbitrarily at its sweet will and, like a private individual, deal with any person it pleases, but its action must be in conformity with standard or norm which is not arbitrary, irrational or irrelevant. The power or discretion of the Government in the matter of grant of largess including awar......y each of the judgment be communicated to the Ministry of Law, Justice and Parliamentary Affairs and the Ministry of Communication. Ed. This Case is also Reported in: 59 DLR (2007) 388. ......urisdiction) Present: SM Hossain J Quamrul Islam Siddiqui J Syed Salahuddin Ahmed ……………………………..Petitioner Vs. Government of Bangladesh and others........Respondent Judgment February 28, 2007. Cases Referred To- ......y each of the judgment be communicated to the Ministry of Law, Justice and Parliamentary Affairs and the Ministry of Communication. Ed. This Case is also Reported in: 59 DLR (2007) 388. ..Category: Constitutional Law | Date: | Hits: 200
State Vs. Kajal Ahmed Jalali, 2007, 36 CLC (HCD)
....ocality. He categorically admitted that Shyam Mia and his wife Shajeda Begum of village Rupashdi were not known to him. 17. PW 3 Md. Nurul Huda Minu was Deputy Manager of Rangs Electronics at the relevant time and he used to reside at flat No. B-5 of holding No. 73/1 Shantinagar. He deposed that......ne revolver in his possession. This witness got information about missing of Shujan at about 10-00 PM on the same night. He appears to be a seizure list witness in respect of personal diary and other papers of Shujan and proved his signature on it. He said in the cross-examination that Shujan used t......€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦..Petitioner Vs. Kajal Ahmed Jalali (absconding)…………….Condemned-Accused Judgment March 5, 2007. Cases Referred To- Bangladesh (State) vs. Paran Chandra Baroi, 6 BCR (AD) 225. Sharad Birhichand Sarda vs. State of Maharashtra, AIR 1984 Supreme Cour...... Roy is a formal type of witness, who verified the address and PCPR of the accused Bayes. He, however, submitted adverse report against him. 52. PW 32 SM Zakir Hossain came to prove seizure of the documents relating to GDE No. 1469 dated 17-8-96 and 245 dated 3-9-2000. At his instance, those docu..Category: Criminal Law | Date: | Hits: 109
Jakir Hossain Vs. Jel Vanu, 2005, 34 CLC (HCD)
.... has been eschewed by the lower appellate Court in this case. Completely disregarding the merit and/or demerit of the evidence considered by the trial Court and without adverting to and reversing the relevant findings of the trial Court, the lower appellate Court has, and in apparent disregard of th....... 25 of 2003 are hereby set aside. There is no order as to costs. Send down the Lower Court Records at once. Ed. This Case is also Reported in: 59 DLR (2007) 340, 26 BLD (HCD) (2006) 98. ......es Referred To- Dewan Mohammad Safare Ali vs. Bangladesh 43 DLR 221; Gangamoyi Debi vs. Troiluckhya Nath Chowdhury 33 IA 60 at 65; Abani Mohan Saha vs. Assistant Custodian (SDO) Vested Property, Chandpur 39 DLR (AD) 223; Kiron Chandra Das vs. Sirajul Hoque Patwari 34 DLR 225; Saheda Khatun vs. Sh......as observed by the Appellate Division in Abani Mohan Saha vs Assistant Custodian (SDO) Vested Property, Chandpur and ors. reported in 39 DLR (AD) 223 strongly attests to the genuineness of registered documents under section 60 of the Act. Indeed, and as was also the case in the Gangamoyi Debi Case, ..Category: Property Law | Date: | Hits: 32
Bonlac Foods Ltd. Vs. Unilac Sanowara (BD) Ltd. & another, 2005, 34 CLC (HCD)
.... By an order of this Court dated 7th August, 2004 the Registrar of Trade Marks was directed to transmit the records in respect of trademark application No. 33243 in class-29 and certified copy of the relevant pages of the Register of Applications containing serial No. 33243 and 35243. The record com......ty for costs may be returned to the learned Advocate appearing on behalf of the petitioner. There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 332. ......ndustries Ltd 4 BLC (AD) 229 . Lawyers involved: Dr. M Zahir, Senior Advocate with Ziaul Hasan, Advocates—For the Petitioner. Rafique-ul Huq, Senior Advocate with Kamal-ul Alam and Md. Tosadeque Hossain, Advocates—For the Opposite Parties. Trade Mark Application No. 9......ty for costs may be returned to the learned Advocate appearing on behalf of the petitioner. There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 332. ..Category: Intellectual Property Law | Date: | Hits: 199
Farida Begum and others Vs. Kapil Krishna Goldar & another, 2006, 35 CLC (HCD)
....e No. 509 of 2000 pending before the Magistrate, 1st Class, Madaripur, is hereby quashed. Let a copy of the Judgment be sent down at once. Ed. This Case is also Reported in: 59 DLR (2007) 328.......e No. 509 of 2000 pending before the Magistrate, 1st Class, Madaripur, is hereby quashed. Let a copy of the Judgment be sent down at once. Ed. This Case is also Reported in: 59 DLR (2007) 328.......s Case is also Reported in: 59 DLR (2007) 328.......now pending in the Court of Magistrate, 1st Class, Madaripur, lodged by the complainant opposite party No.1, under sections 467/468/471 of the Penal Code for commission of offence of forging valuable documents by the accused petitioners should not be quashed and/or pass such other or further order o..Category: Criminal Law | Date: | Hits: 28
Mobarak Hossain alias Jewel Vs. State, 2000, 29 CLC (HCD)
....e. We therefore find that the Rule merits no consideration and, as such, it should be discharged. In the result, the Rule is discharged. Ed. This Case is also Reported in: 54 DLR (2002) 135. ......ecision in the case of Hussain Mohammad Ershad Vs. State, reported in 48 DLR 95, wherein their Lordships directed the concerned authority/Court to allow the Advocates of the accused to go through the papers and documents including the statement under section 164 of the Code before framing charge aga......e Code of Criminal Procedure. 2. Short facts leading to the Rule are, that an inspector of police lodged a first information report against one Subrata Kumar Saha for counterfeiting currency notes and possessing the same and so a case was started against him under sections 25A(a) & (b) of the......r and hence is this Rule. 3. Mr. Golam Kibria, the learned Advocate appearing in support of the Rule, submits, inter alia, that under section 74 of the Evidence Act, the said statements are public documents and under section 76 of the said Act, the accused petitioner being an accused in the case ..Category: Criminal Law | Date: | Hits: 25
N Mohd Engineering Industries Ltd. Vs. Commissioner of Taxes, 1999, 28 CLC (HCD)
.... as formulated in paragraph No. 7 of the application in the negative and in favour of the assessee. The parties will bear their own costs. Ed. This Case is also Reported in: 54 DLR (2002) 132.......stimate of GP @ 40%. 4. Mr. AFM Ferojuddin Bhuiyan, the learned Advocate appearing for the applicant, submits that the assessee applicant produced all sorts of books of accounts and the supporting papers to explain the return but the Deputy Commissioner of Taxes without pin pointing any specific ......e—For Applicant. Dabiruddin Ahmed, Deputy Attorney-General For the Respondent. Reference Application No. 52 of 1995. Judgment Syed Amirul Islam J.- This reference arises out of judgment and order dated 29-5-94 passed by the Taxes Appellate Tribunal, Chittagong Bench, Bangladesh in ITA ......or the applicant. It appears that the DCT rejected the book version of the assessee applicant on loss of Taka 62,97,836 on the ground that the receipts shown are not verifiable for want of supporting documents without specifically pin pointing what kind of evidence or what kind of defect are in the ..Category: Fiscal/Taxation Law | Date: | Hits: 72
Bhaskar Chakraborty Vs. State, 2006, 35 CLC (HCD)
....in 1999 BLD (AD) 128 = 4 BLC (AD) 167. 7. We have perused the aforesaid judgment involved in the case of Dewan Obaidur Rahman vs. State reported in 1999 BLD (AD) 128 = 4 BLC (AD) 167, in which relevant facts involved stated in paragraph No.2 of the Judgment which are as follows: "The c...... accused petitioner is directed to appear before the trial Court to face trial. Let a copy of the judgment be sent down at once. Ed. This Case is also Reported in: 59 DLR (2007) 325. ......d in GR Case No. 3452 of 2000, pending before the Chief Metropolitan Magistrate, Dhaka, obtained this Rule under section 561A of the Code of Criminal Procedure, on 18-2-2001, challenging the legality and propriety of the entire proceeding, as aforesaid, and the Deputy Commissioner, Dhaka, has been c...... accused petitioner is directed to appear before the trial Court to face trial. Let a copy of the judgment be sent down at once. Ed. This Case is also Reported in: 59 DLR (2007) 325. ..Category: Criminal Law | Date: | Hits: 81
Noor Alam Hossain Vs. State and others, 2006, 35 CLC (HCD)
.... fit and proper. At the time of issuance of the Rule the accused petitioner obtained an order of stay for all further proceedings of Complaint Case No. 379 of 1990 pending as aforesaid. 2. The relevant fact to the issuance of the Rule as appears from the revisional application is that the Ass......e him preferably within three months from the date of receipt of the judgment. Let a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 59 DLR (2007) 322. ...... High Court Division (Criminal Revisional Jurisdiction) Present: AFM Abdur Rahman J Noor Alam Hossain……………………Accused-Petitioner Vs. State and others……………………….Opposite Parties Judgment June 25, 2006. ......ication and the annexure appended thereto. We have perused and considered the grounds taken by the accused petitioner and gathered the state of affairs in respect of the proceeding from the available documents in the record. We have considered the submission of the learned Deputy Attorney-General. ..Category: Criminal Law | Date: | Hits: 40
Naimuddin and another Vs. State, 2007, 36 CLC (HCD)
.... appeal is dismissed. The impugned judgment and order of conviction is hereby affirmed. Send down the LC records at once. Ed. This Case is also Reported in: 59 DLR (2007) 314. ......nvicted appellants detained by BDR could not furnish satisÂfactory explanation as to women and children recovered from their custody. On search of body of the convicted appellants BDR recovered some papers of India enclosed to FIR were recovered. The BDR force gathered definite information that two...... 59 DLR (2007) 314. ...... appeal is dismissed. The impugned judgment and order of conviction is hereby affirmed. Send down the LC records at once. Ed. This Case is also Reported in: 59 DLR (2007) 314. ..Category: Criminal Law | Date: | Hits: 84
Eskayef Bangladesh Ltd. Vs. Commissioner of Taxes, 2004, 33 CLC (HCD)
....al after considering the materials on record almost gave full relief to the assessee and the disallowances which have been affirmed by the Tribunal were done rightly as the assessee could not produce relevant vouchers in respect of its said heads of expenditure. He further submits that the questions......and against the Department but other costs mentioned in the said question are answered in the affirmative. No order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 308. ......€¦â€¦â€¦â€¦â€¦â€¦..Applicant Vs. Commissioner of Taxes…………………….Respondent Judgment April 27, 2004. Cases Referred To- Titas Gas Transmissions and Distribution Co Ltd. vs. Commissioner of Taxes 2000 BTD 27 = 53 DLR 209; Sagorika and Co. (Pvt.)......and against the Department but other costs mentioned in the said question are answered in the affirmative. No order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 308. ..Category: Fiscal/Taxation Law | Date: | Hits: 64
Monwar Mallik Vs. State, 2007, 36 CLC (HCD)
.... be set at liberty forthwith if not wanted in any other case. Send down the LCR at once along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 301. ......akir Hossain Bhuiyan, the learned Advocate for the appellant, placed before us the FIR, charge sheet, charge so framed, the deposition of the prosecution witnesses, the impugned judgment and material papers available in the paper books and submits that this is a case of no evidence but the learned t......l 22, 2007. Cases Referred To- State vs. Mofazzal Hossain Pramanik 43 DLR (AD) 64A, 1996 CriLJ 3225(3228)(DB)(Guj); 1952 CriLJ 1136 (DB); Hari Majhi vs. State CriLJ (1990) 650; 1998 CriLR (SC) and MP 317(319(MP); Mazharul alias Bhulan vs. State 10 BLC 209; Tariq Habibullah vs. State 43 DLR 44...... be set at liberty forthwith if not wanted in any other case. Send down the LCR at once along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 301. ..Category: Criminal Law | Date: | Hits: 38
....ubstance in the submission of the learned Counsel for the appellant.
Accordingly, the appeals are dismissed.
Ed.
This Case is also Reported in: 15 BLC (AD) (2010) 210, 16 MLR (AD) (2011) 447.......ubstance in the submission of the learned Counsel for the appellant.
Accordingly, the appeals are dismissed.
Ed.
This Case is also Reported in: 15 BLC (AD) (2010) 210, 16 MLR (AD) (2011) 447....... BLC (AD) (2010) 210, 16 MLR (AD) (2011) 447.......ecuted during the preceding 12 months from the date of service of notice under Section 3 of the Acquisition and Requisition of the Immovable Property Ordinance, 1982. In fixing the value of lands 103 documents regarÂding nal lands and 19 documents regarding bhiti land were considered and taken into..
Category: Property Law | Date: | Hits: 37
Titas Gas Transmission and Distribution Co. Ltd. Vs. Shams Company and others, 2001, 30 CLC (HCD)
....d by a Division Bench of this Division into a revision in the interest of justice, and the same was accordingly disposed of. 11. In order to appreciate the rival contentions, I should refer to the relevant law, which are sections 14, 17, 21 and 39 of the Arbitration Act that read as under, 14.......unity of hearing to both parties and as soon as within six months, from the date of receipt of the records. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (2002) 128....... at once. Ed. This Case is also Reported in: 54 DLR (2002) 128.......ting to the parties of the making and signing thereof…………………………… (2) The arbitrators or umpire shall cause the award or a signed copy of it, together with any depositions and documents which may have been taken and proved before them to be filed in Court, and the Court shall..Category: Property Law | Date: | Hits: 31
Eastern Hardware Store Vs. Commissioner of Taxes, 1999, 28 CLC (HCD)
....sed by the Assistant Commissioner of Taxes as evidenced by Annexure ‘B’ to the application it appears that the assessee submitted cash book, ledger book purchase vouchers, sale vouchers and other relevant documents which were examined by the Assistant Commissioner of Taxes and there is no observ......ion to the applicant on account of payment made for Life Insurance Premium and for purchase of Defence Saving Certificate. This reference is not opposed. 4. We have perused the application and the papers annexed thereto and considered the submissions made by the learned Advocate for the applicant......e Respondent. Application No. 41 of 1994. Judgment Syed Amirul Islam J.- In this reference the applicant raised the following questions for answer by this Court: (1) Whether, in the facts and on the circumstances of the case, the Assistant Commissioner of Taxes was justified to resort to......e Assistant Commissioner of Taxes as evidenced by Annexure ‘B’ to the application it appears that the assessee submitted cash book, ledger book purchase vouchers, sale vouchers and other relevant documents which were examined by the Assistant Commissioner of Taxes and there is no observation giv..Category: Fiscal/Taxation Law | Date: | Hits: 65
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