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Nasir Uddin Vs. State, represented by the Deputy Commissioner, Narayanganj, 2011, 40 CLC (AD)
....e High Court Division suffers from no illegality or impropriety and, as such, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 1. ......e High Court Division suffers from no illegality or impropriety and, as such, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 1. ......convicted accused seeking leave to appeal against the judgment and order dated 12-8-2009 passed by the High Court Division in Criminal Appeal No.4850 of 2005 dismissing the appeal. 2. The relevant facts necessary for disposal of this Criminal Petition for Leave to Appeal are as follows:— O..Category: Criminal Law | Date: | Hits: 64
....ted earlier by this court stands vacated.
Communicate the judgment to respondent No.2 at once.
Md. Emdadul Huq J. - I agree.
This Case is also Reported in: 64 DLR (HCD) (2012) 116.
......by the different set of defendants, the Adalat framed issues by order dated 30.09.2008. So it can not be said that the Adalat failed to exercise its jurisdiction on this aspect.
29. Next comes the question of the legal responsibility of the Adalat to consider the issues so framed, and the written......of 2010 arising out of Artha Rin Case No.153 of 2009 was stayed initially for 3(three) months and subsequently extended for further period of 3(three) months by order dated 06.04.2011.
3. Material facts necessary for disposal of the Rule, in short, are as under:
Respondent No.3, the Mercantile..
Category: Civil Law | Date: | Hits: 147
State Vs. Ashraf Ali and others, 2009, 38 CLC (HCD)
.... alias Ripon and Abdul Jalil alias Shimul. Send down the lower Court record at once. Mashuque Hosain Ahmed J.-I agree. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 310. ......gistrate, several marks of injury were found on his body and in such attending facts and circumstances of the case, the truth and voluntariness of the confessional statement, exhibit-5 becomes highly questionable and doubtful and it would not be safe and legal to convict a person relying upon only a......ment was allegedly made after 3 days of police remand and after remand when accused-Ashraf Ali was produced before the Magistrate, several marks of injury were found on his body and in such attending facts and circumstances of the case, the truth and voluntariness of the confessional statement, exhi..Category: Criminal Law | Date: | Hits: 82
Subodh Ranjan and others Vs. State, 1993, 22 CLC (HCD)
....nd they are acquitted of the charges. The accused appellants be set at liberty at once if not wanted in connection with any other case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 521.......nd they are acquitted of the charges. The accused appellants be set at liberty at once if not wanted in connection with any other case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 521.......dure must be complied with while conducting a search." "The learned Advocate also referred the case of Muhammad Khan Vs. Dost Muhammad and 17 others, reported in 1975 PLD (SC) 607, 609. Though the facts of the case are quite different but the principles laid down therein by their Lordships that "..Category: Criminal Law | Date: | Hits: 75
Ansar Ali Vs. Yeasin Mea and others, 1993, 22 CLC (HCD)
....acated. The learned trial Court is hereby directed to conclude the trial expeditiously preferably within 3 (three) months from date. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 517.......Provided that no party shall deliver more than one set of interrogatories to the same party without an order for that purpose: Provided also that interrogatories which do not relate to any matters in question in the suit shall be deemed irrelevant, notwithstanding that they might be admissible on th......the order No.37 dated 7.9.91 passed by Senior Assistant Judge, Nowabganj in other Class Suit No.273 of 1988 rejecting the prayer under Order 11 rule 21 of the Code of Civil Procedure. 2. The short facts relevant is, that the petitioner being plaintiff instituted the aforesaid Other Class Suit No...Category: Procedural Law | Date: | Hits: 68
.... Manikganj on 10.6.87 in Trust Act Case No.1 of 1986 was illegal and is therefore set aside.
In the result, the appeal is allowed.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 512.
......fficial Trustee and that this Court as principal civil Court of the District has got jurisdiction for making such an order under section 73 of the Trust Act of 1882, in the public interest.
6. The question whether the appellant No.2 is a reversionary heir of the settler of the trust and entitled ......ith an application for stay.
5. An affidavit‑in‑opposition has been filed on behalf of the respondent opposite party the Administrator General and Official Trustee controverting the material facts in the petition and stating, inter alia, that after the death of three trustees mentioned in t..
Category: Trust/Waqf Law | Date: | Hits: 183
....answer the question Nos. 4 and 5 in the affirmative and against the assessee.
The parties are left to bear their respective costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 510.
...... Respondent.
Application No.46 of 1985.
Judgment
AM Mahmudur Rahman J.- In this application under section 160(1) of the Income Tax Ordinance, 1984 the assessee has raised as many as five questions said to have arisen out of the order of the Taxes Appellate Tribunal relating to assessmen......y allowable with effect from the assessment year 1974‑75 and not prior to that ?
(III) Whether the Tribunal in deciding the question of depreciation under section 10(2)(vi) was justified, in the facts and circumstances of the case, in ignoring the fact, the property in question vested in the Go..
Category: Fiscal/Taxation Law | Date: | Hits: 139
State Vs. Sree Ram Krisna Nath (Ram Babu) and another, 2011, 40 CLC (AD)
....ompliance of the Court’s order. Let a copy of this judgment alongwith all the records be transmitted also to the Court of Cognizance Magistrate, Chittagong. Ed. This Case is also Reported in: ......ompliance of the Court’s order. Let a copy of this judgment alongwith all the records be transmitted also to the Court of Cognizance Magistrate, Chittagong. Ed. This Case is also Reported in: ......imize and harass the accused-petitioner (respondent herein) and accordingly quashed the proceedings. We also do not find any legal basis for the informant to file a second F.I.R. on the self same facts when he did not challenge the Final Report against the first F.I.R. nor prayed for further inv..Category: Criminal Law | Date: | Hits: 83
Abdur Rahim Vs. Momotaz Begum and others, 2011, 40 CLC (HCD)
.... of law in rejecting the application of the petitioner for transposition of his name from the category of defendant to plaintiff inasmuch as the interests of the defendant No. 4 and the plaintiff are identical. In his written statement the defendant No. 4 himself, in fact, supported the plaint case ...... that since all the heirs of the deceased plaintiff are already on record and the defendant No. 4-petitioner filed application for transposition of his name in the category of the plaintiff, the question of abatement in the instant suit does not arise at all. In support of his submission M......st of the defendant No. 4 will be protected as all the heirs of the plaintiff are on record in the category of defendants. 13. From the second application the defendant No. 4 narrating the entire facts and circumstances of the case lastly stated, “প্রকাশ থাকে ..Category: Limitation Law | Date: | Hits: 219
Saijuddin Molla Vs. Abdur Rahman and others, 2011, 40 CLC (HCD)
....n Pre-emption Miscellaneous Case No.21 of 2003 is set-aside. Let a copy of this judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: ......rties in the pre-emption case. 4. The learned Senior Assistant Judge, Sadar, Manikganj on consideration of the evidence on record allowed the pre-emption believing the date of knowledge of sale in question as claimed by the pre-emptor. 5. On appeal, Miscellaneous Appeal No.6 of 2007, the lear......firming the judgment and order dated 22.01.2007 passed by the learned Senior Assistant Judge, Sadar, Manikganj in Pre-emption Miscellaneous Case No.21 of 2003 should not be set-aside. 2. Relevant facts, in short, are that the opposite party as pre-emptor-applicant filed Miscellaneous (Pre-emptio..Category: Property Law | Date: | Hits: 62
Md. Nazimuddin Vs. Government of Bangladesh and others, 2011, 40 CLC (AD)
....t the case before the Administrative Tribunal was barred by limitation. Accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 17 BLC (AD)(2012) 10. ......s date of birth as 09.08.1947. 11. The findings of the Administrative Appellate Tribunal are based on proper appreciation of law and fact. 12. We would like to give more explicit reply to the questions raised by the learned Advocate for the petitioner. It is important to note that amended pr......y the Administrative Appellate Tribunal, Dhaka in Appeal No.186 of 2003 reversing the decision dated 29.08.2003 passed by the Administrative Tribunal, Bogra in Tribunal Case No.33 of 2002. 2. The facts, leading to the filing of this petition, in a nutshell, are as follows: 3. The petitioner ..Category: Administrative Law | Date: | Hits: 196
Jiban Bima Corporation and another Vs. A.K.M. Harun-Or-Rashid and others, 2011, 40 CLC (AD)
.... appeal which is accordingly allowed, without however, any order as to costs. The impugned judgment and order of the High Court Division is hereby set aside. Ed. This Case is also Reported in: ...... appeal which is accordingly allowed, without however, any order as to costs. The impugned judgment and order of the High Court Division is hereby set aside. Ed. This Case is also Reported in: ......on Bima Corporation till disposal of the writ petition and or his attaining the age of 57 years computing 30.11.1946 as his date of birth as mentioned in the affidavit sworn by his father. 3. The facts, leading to the writ petition, are that the writ petitioner was born on 30.11.1946 and passed ..Category: Employment/Service Law | Date: | Hits: 58
Kazi Abdul Awal Zewar Rashid Vs. Dhaka Municipal Corporation and another, 1990, 19 CLC (HCD)
....t his report within fifteen days from appointment. The stay granted earlier is thereby vacated. Communicate this order at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 509. ...... out surprise looking at these sorts of orders which discloses no basis or reasoning and is therefore, to be avoided but to no result. However, in considering the facts and circumstances and when the question of identity of the land over which the boundary wall is sought to be erected to be situated......d. 5. We have very often expressed out surprise looking at these sorts of orders which discloses no basis or reasoning and is therefore, to be avoided but to no result. However, in considering the facts and circumstances and when the question of identity of the land over which the boundary wall i..Category: Property Law | Date: | Hits: 71
....Petition No.2551 of 1990 is set aside and consequently the Rule in the said Writ Petition is discharged. There is no order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 502.......eview under section 114 of the Code is available to the High Court in the exercise of these jurisdictions. The writ jurisdiction under Article 102 of the Constitution is an original jurisdiction. The question then arises as to whether the provisions of the Code of Civil Procedure other than the prov......s were passed on 7.5.91, this Court is functus officio and cannot change them on any ground whatsoever. He further submits that as the petitioner did not appear to contest the Rule and controvert the facts stated in the writ petition, he cannot now come with the application for review of the orders ..
Category: Civil Law | Date: | Hits: 87
Commissioner of Taxes Vs. Md. Hasanuzzaman, 1993, 22 CLC (HCD)
.... costs. This order shall govern both the reference application Nos. 3 and 4 of 1989. We return the references with the above answer. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 500.......an J.- This Reference under section 66(1) of the Income Tax Act, 1922, is at the instance of the Commissioner of Taxes, Dhaka (West) Zone, Dhaka. By this reference the department refers the following question of law for our decision: (1) Whether the Taxes Appellate Tribunal is justified in annull......Tribunal, Bangladesh, Dhaka Division (Bench). The assessee took the ground before the Tribunal that he had no opportunity to appear before the Assistant Commissioner of Taxes. The Tribunal found from facts that the assessee “prayed for time for hearing on 14.5.1981 but the assessee did not receive..Category: Fiscal/Taxation Law | Date: | Hits: 98
....ion under Article 102 of the Constitution.
In view of our aforesaid discussion, we discharge the Rule without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 498.......ion under Article 102 of the Constitution.
In view of our aforesaid discussion, we discharge the Rule without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 498.......ed to provide plots to the petitioners as undertaken by the Government in Writ Petition No.1004 of 1980 and other petitioner as incorporated in the judgment and order dated March, 11, 1982.
2. The facts relevant for disposal of this Rule are that the petitioner's land appertaining to CS Plot Nos...
Category: Property Law | Date: | Hits: 79
Nurul Islam Vs. Morshedul Alam and Others, 2011, 40 CLC (AD)
....ce with the impugned judgment and decree. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD)(2012) 3, 32 BLD (AD) (2012) 25. ......vision came to a definite finding that the plaintiffs were not made parties to Other Suit No.13 of 1951 and as such, they are not bound by the judgment and decree passed in that suit and as such, the question of res judicata does not arise. He further submits that though the High Court Division did ......lting in the initiation of Civil Appeal No.45 of 2002. 8. Mr. Mahbubey Alam, learned Senior Advocate, appearing on behalf of the appellant, submits that the High Court Division on the face of the facts and documents on record as an appellate Court failed to take notice of Exhibit-(M-2), the judg..Category: Property Law | Date: | Hits: 116
Ms. Ok-Kyung Oh, Dhaka Vs. Tea Hung Packaging (Bd) Ltd. and Others, 2011, 40 CLC (AD)
....d judgment and order. In the result, the appeal is dismissed. There is no order as to cost. Ed. This Case is also Reported in: 17 BLC (AD)(2012) 1, 32 BLD (AD) (2012) 16; 9 ADC (2012) 472. ......cord of FJSC, these being serious allegations of fraud committed on members for the purpose of section 193 of Companies Act, 1994, the Registrar did not commit any illegality in issuing the notice in question.” 7. Ms. OK Kyung Oh, appellant, appearing in person made submissions with reference t......d judgment and order. In the result, the appeal is dismissed. There is no order as to cost. Ed. This Case is also Reported in: 17 BLC (AD)(2012) 1, 32 BLD (AD) (2012) 16; 9 ADC (2012) 472. ..Category: Company Law | Date: | Hits: 235
Principal, Fulbaria College, Mymensingh Vs. Md. Helaluddin and Others, 2010, 39 CLC (AD)
.... The appeal is, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 11, 16 MLR (AD) (2011) 380, 8 LG (AD) (2011) 155, VIII ADC (2011) 941. ......ow that he was not promoted to the post of Assistant Professor and that the actions of the writ respondents re-fixing his scale is a reduction of rank without any sanction of law. 5. Now the only question is whether the writ petitioner was legally entitled to a show cause notice before taking ac......d-For Respondent No.1. Not Represented-For Respondent Nos.2-4. Civil Appeal No. 277 of 2003. Judgment Surendra Kumar Sinha J.- Leave granted. 2. This appeal arose out of the following facts: The respondent No.1, (writ petitioner) a teacher of Fulbaria College, Mymensingh institute..Category: Employment/Service Law | Date: | Hits: 204
Barrister Nazmul Huda and another Vs. State and another, 2011, 40 CLC (HCD)
....n the L.C. records along with a copy of this Judgment and order to the Court concerned immediately for information and necessary action. Ed.This Case is also Reported in: 16 MLR (HCD) (2011) 381. ......on(2) provides for ex post facto ratification of the acts done by the officers of the Commission during the period from 07.02.2007 to 24.02.2007 without any authorization from the Commission, but the question of jurisdiction goes to the root of the matter. If any person acts beyond his authority, to......mo দুদক/প্রশা/১২/৫০৮(১৭)/১(১০), তারিখ-১১/০২/২০০৭ইং। He lastly submits that it is not at all necessary to go into the detailed facts of the case as the Hon'ble Appellate Division in the case of Anti-Corruption Commission Vs. Dr..Category: Criminal Law | Date: | Hits: 101
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