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Mozam and others Vs. State, 2006, 35 CLC (HCD)
....ctim was under treatment in Manirampur Hospital from 23-9-1994 to 28-9-1994. During investigation he collected discharge certificate but the same was not seized. He denied the suggestion that without proper investigation he submitted a perfunctory charge sheet against the accused. 19. These a......so Reported in: 59 DLR (2007) 276.......reasts. There is no medical evidence before us regarding the offence of later part. MoreÂover brothers of victim who recovered her, were not examined by the prosecution. So, we find that there is no legal evidence regarding her recovery. Let us now consider how far the prosecution could prove the c..Category: Criminal Law | Date: | Hits: 82
....quashed.
Order of stay granted at the time of issue of the Rule is hereby recalled and vacated.
Communicate at once.
Ed.
This Case is also Reported in: 59 DLR (2007) 274.
......390 of 2005.
Judgment
Md. Abdur Rashid J.- The above Rule Nisi was obtained against an Order dated 23-4-2001 passed (Annexure D) by respondent No. 5 Deputy Commissioner, Customs, Excise and VAT imposing fine of Taka 43,84,398.56 upon the petitioner company for evasion of tax.
2........ 6, Deputy Commissioner and affirmed by respondent No. 5 Commissioner (Appeals) and respondent No. 3, Appellate Tribunal is hereby declared to have been passed without any lawful authority and of no legal effect and said imposition of fine is hereby quashed.
Order of stay granted at the time..
Category: Fiscal/Taxation Law | Date: | Hits: 63
....namely, Kritiram Mandal, The defendants have no right, title, interest and possession in the suit land. Defendant Nos. 1-3 most illegally included the suit land in the list of vested and non-resident property and the same was illegally leased out to defendant Nos. 7-10. The cause of action arose on ......eported in: 59 DLR (2007) 270, 26 BLD (HCD) (2006) 634.
......in' the name of defendant Nos. 3, 5, 6 and father of defendant No. 4, namely, Kritiram Mandal, The defendants have no right, title, interest and possession in the suit land. Defendant Nos. 1-3 most illegally included the suit land in the list of vested and non-resident property and the same was ille..
Category: Property Law | Date: | Hits: 27
....held by their Lordships in the case of Nurul Islam vs. Bangladesh reported in 33 DLR (AD) 201 that a Court should not declare a law unconstitutional if the case in which the question is raised can be properly disposed of in some other way. Though the above view held by their Lordships is of minority......ul Matin J
ATM Fazle Kabir J
Amirul Islam (Md)……………………………………………………Petitioner
Vs.
Bangladesh represented by the Secretary, Ministry of Home Affairs and others…. ……….Respondents
Judgment
May 15, 2006.
Cases Referred To-
Governme......stitution and why the impugned order of discharge dated 14-2Â-2004 as in Annexure-F and all subsequent actions taken should not be declared to have been made without lawful authority and to be of no legal effect and why the respondents should not be directed to allow the petitioner to continue in s..
Category: Employment/Service Law | Date: | Hits: 67
Anwara Begum Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....t dated 28-4-1986 should not be declared to have been passed without any lawful authority and is of no legal effect and or pass such other or further order or orders as to this Court may seem fit and proper. 2. It has been stated that House No. 29-A/A Second Colony/Mirpur), Dhaka (Kha 36) measuri...... (Special Original Jurisdiction) Present: Tariq-ul-Hakim J Afzal Hossain Ahmed J Anwara Begum .............................. ……………Petitioner Vs. Government of Bangladesh and others………….Respondents Judgment August 1, 2005. Cases Referred To- Banglade......nd Colony/Mirpur), Dhaka (Kha 36) from the list of Abandoned Buildings as published in the Ka list dated 28-4-1986 should not be declared to have been passed without any lawful authority and is of no legal effect and or pass such other or further order or orders as to this Court may seem fit and pro..Category: Property Law | Date: | Hits: 40
Abdul Karim and others Vs. Court of Settlement and others, 2007, 36 CLC (HCD)
....med J.- This Rule Nisi was issued calÂling upon the respondents to show cause as to why the inclusion of the petitioner's building situated at House No. 1/15 Block-D, Mohammadpur, Dhaka as abandoned property in Bangladesh Gazette ExtraÂordinary 'Kha' list published under the Abandoned Buildings (S......so Reported in: 59 DLR (2007) 247.......in Case No. 172 of 1995 (Kha-42, Block-D, MohamÂmadpur) of House No. 1/15, Block-D, MohammadÂpur, Dhaka shall not be declared to have been published and passed without lawful authority and is of no legal effect and why the respondent No. 2 should not be directed to exclude the building situated at..Category: Property Law | Date: | Hits: 33
Nazir Ahmed Vs. Md. Amin Mia and anothers, 2007, 36 CLC (HCD)
....to suffer simple imprisonment for 3(three) months under sections 404/420 of the Penal Code, should not be set aside and or pass such other or further order or orders as to this Court may seem fit and proper. 2. Prosecution case, in brief, was that accused Md. Nazir Ahmed used to live in the house...... Supreme Court High Court Division (Criminal Revisional Jurisdiction) Present: Md. Abdul Matin J Md. Abdul Hye J Nazir Ahmed………………..Petitioner Vs. Md. Amin Mia and anothers………….Opposite Parties Judgment March 7, 2007. Cases Referred To- Sam......if there be any tranÂsaction between the parties that might be civil liabiÂlities. He further submits that the impugned judgÂment dated 2-8-2005 affirming the judgment dated 6-8-2001 is not at all legal and proper and, as such, the Rule should be made absolute and appellant-petitioner be acquitte..Category: Criminal Law | Date: | Hits: 40
Syed Ziaul Hasan and others Vs. Bangladesh and others, 2006, 35 CLC (HCD)
....tity module (SIM) Card according to the price fixed i.e. Taka 1800. There will be no order as to costs. Ed This Case is also Reported in: 59 DLR (2007) 238, 26 BLD (HCD) (2006) 366. ......DLR (2007) 238, 26 BLD (HCD) (2006) 366. ...... SRO No. 159-Ain/2005/450/ MUSAK dated 9-6-2005 issued by the respondent No. 4 so far as it relates to the petitioners should not be declared to have been issued without lawful authority and is of no legal effect and why the respondent No.6 should not be directed to supply subscriber identity module..Category: Fiscal/Taxation Law | Date: | Hits: 131
Abdul Alim Vs. Biswajit Dey and another, 2007, 36 CLC (HCD)
....lt, this Rule is discharged. The order of stay granted earlier by this Court is vacated. Communicate this order at once. Ed. This Case is also Reported in: 59 DLR (2007) 236 . ......t: Sharifuddin Chaklader J Sheikh Abdul Awal J Abdul Alim..................................................................... Accused-Petitioner Vs. Biswajit Dey and another……………………………….Opposite Parties Judgment March 11, 20......2004 from his account maintained with Dutch Bangla Bank. The complainant placed the cheque for encashment on 30-5-2005 and it was returned with endorsement "insufficient fund." The complainant issued legal notice on 5-6-2006. The accused petitioner acknowledged the notice by a letter on a pad of his..Category: Criminal Law | Date: | Hits: 50
Khalilur Rahman Vs. State, 2007, 36 CLC (HCD)
....te of occurrence. She denied the defence suggestion that she falsely implicated Ayub Ali out of enmity over litigation. she admitted that after the death of her husband, her mother-in-law sold landed property to different persons. 8. Hazrat Ali (PW 2) stated that he was sleeping in the north ......¦â€¦Respondent Judgment February 22, 2007. Cases Referred To- Mahidur @ Mahidul Islam vs. State, 1983 BLD 162, Md. Azad Sheik @ Azad SK vs. State 1988 BLD 505 = 41 DLR 62 and Zaheda Bewa vs. State 37 DLR 66. Lawyers involved: Md. Anisur Rahman Hatem, Advoca......ars more. He, however, found the other accused persons not guilty of the charge and accordingly, acquitted them. 18. Learned Advocate for the appellant Khalilur Rahman submits that there is no legal evidence in support of the charge against the appellant Md. Khalilur Rahman and that the learn..Category: Criminal Law | Date: | Hits: 38
Moezuddin (Md) Vs. State, 2007, 36 CLC (HCD)
....also found his complicity in the murder of Tofizuddin. The learned Advocate further submits that in the application for withdrawal from the prosecution, the learned Public Prosecutor has not assigned proper reasons required by law and that the learned Additional Sessions Judge has accorded permissio......¦â€¦â€¦â€¦..Opposite Party Judgment March 5, 2007. Result: The Rule is made absolute. Cases Referred To- Devendra Kumar vs. Yar Bakld Choudhury, AIR 1939 Cal 220 (FB); King Vs. Paramand, AIR 1949 Pat 222 (FB); Dy Accountant General, Kerala vs. State of Kerala, AIR 1970 Ker 158 (FB)...... the order of the Government, the learned Additional Sessions Judge on perusal of the decision of the Government has exercised his discretion in a proper manner and in doing so, he has committed no illegality. 7. It will be suffice if we would reproduce the contents of the application filed by th..Category: Criminal Law | Date: | Hits: 43
Shahella Chowdhury Vs. National Board of Revenue and others, 2007, 36 CLC (HCD)
....no legal effect; and they are accordingly quashed. Order of stay granted on 23-5Â06 is also recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 59 DLR (2007) 213. ......h Court Division (Special Original Jurisdiction) Present: Md. Abdur Rashid J Md. Miftahuddin Chowdhury J Shahella Chowdhury............Petitioner Vs. National Board of Revenue and others…………..Respondents Judgment March 28, 2007. Case Referred To- Raghuvans......e petitioner for the assessment year 1999-2000 under section 93 for reassessment and imposition of penalty under section 128 of the Ordinance must be held to be without any lawful authority and of no legal effect. 26. When we are faced with such injustice done to a citizen by the Deputy Commissio..Category: Fiscal/Taxation Law | Date: | Hits: 69
Dhaka City Corporation and others Vs. Shamsur Rahman and others, 2007, 36 CLC (HCD)
....ring with peaceful possession of the plaintiff in the suit land, in any way, as prayed for. Send down the records, at once. Ed. This Case is also Reported in: 59 DLR (2007) 207. ......ase is also Reported in: 59 DLR (2007) 207. ......ndant No. 5, RAJUK, in respect of the suit land measuring about 0.3480 acres of RS plot No. 9541 fully described in the schedule 'Kha' a part of schedule 'Ka' measuring about 0.6281 acre was wrong, illegal, ineffective and not binding upon the plaintiff and that the application of defendant No. 4 da..Category: Property Law | Date: | Hits: 32
Mahbubul Alam (Md.) Vs. Bangladesh and Others, 2006, 35 CLC (HCD)
....am Chowdhury J.- These two writ petiÂtions being Writ Petition No. 2711 of 2004 and Writ Petition No. 2560 of 2004 involve common quesÂtion of law to be decided by this court, Therefore, we feel it proper to dispose of both the writ petitions by a single judgment. 2. In Writ Petition No. 27...... (Special Original Jurisdiction) Present: Nozrul Islam Chowdhury J Syed Refaat Ahmed J Mahbubul Alam (Md.)……………..Petitioner Vs. Bangladesh and Others…………..Respondents Judgment May 24, 2006. Lawyers involved: ......lling the petitioner's licence in respect of Paikpara Union Parishad No.8 appointing respondent No.5 in the same area 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: Civil Law | Date: | Hits: 67
Anti-Corruption Commission Vs. Md. Hasan & others, 2008, 37 CLC (AD)
.... justice'. 5. It is admitted that the Deputy Director of the Commission held an enquiry in respect of the notice dated 25-2-2007 served by a comÂmander of RAB-7, Chittagong in connection with the property, movable and immovable, of the writ-petitioner No.1 who was then in cusÂtody. On 19-6-2007......ructed by Md. Wahidullah, Advocate-on-Record—For the Respondent Nos. 1-2. Not represented—the Respondent Nos. 3-7. Civil Petition for leave to Appeal No. 1432 of 2008. (From the judgment and order dated the 18th day of June, 2008 passed by the High Court Division in Writ Petition No. 11......ules, 2007 and section 5(2) of the Prevention of Corruption Act, 1947 read with sections 109, 168 and 169 of the Penal Code pending before the Court of Chief Metropolitan Magistrate, Chittagong was illegal and without jurisdiction. 2. The facts of the case, in short, are that respondent Nos. 1 an..Category: Anti-Corruption Laws | Date: | Hits: 143
Abdul Halim (Md.) Vs. Abul Hasan Chowdhury Kaiser and others, 2001, 30 CLC (HCD)
....either in the capacity as a Member of the Parliament or as a Member of a Parliamentary Committee or as a Minister or the Prime Minister of Bangladesh. The underlying purpose is to provide a clean and proper administration to the citizenry of Bangladesh. 12. Having judged from this yardstick, we ...... (Special Original Jurisdiction) Present: Md. Joynul Abedin J Nazrul Islam Chowdhury J Abdul Halim (Md.)………………………….. Petitioner Vs. Abul Hasan Chowdhury Kaiser and others…..Respondent Judgment July 23, 2001. Lawyers Involved: Khandaker Mahbubudd......ave become infructuous. In the result, the Rules in both the writ petitions are discharged being infructuous without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 42...Category: Administrative Law | Date: | Hits: 356
Md. Ali Haider & Ors. Vs. State and others, 1987, 16 CLC (HCD)
....ing of investigation he submitted charge-sheet against 27 persons. Now we pass over to consider if the dead bodies recovered from a well after the lapse of 2 years and 6 months of the occurrence were properly identified. 18. In this connection the learned Counsel for the defence urged that with t...... Seraj alias Shepi..................Appellant Vs. The State...................Respondent(Criminal Appeal No.113 of 1985) Judgment November 25, 1987. Case Referred to- Zamir Hussain and ors. vs. The Crown, PLD 1949 Lahore page 170. Lawyers Involved: Serajul Huq with Abdul Mal......session of unauthorised arms and under such cirÂcumstances those 5(five) persons might have been killed by their enemies. 6. The learned counsel for the appellant has atÂtacked the propriety and legality of the impugned judgment and order of conviction and sentence on the ground that it is bad ..Category: Criminal Law | Date: | Hits: 30
....xure-R) passed by the Ministry of Works shall not be declared to have been made without lawful authority and to be of no legal effect and as to why the respondent shall not be directed to release the property in question situated at Plot No.NE(G)-II, Municipal Holding No.7, Road No. 75, Gulshan, Dha......aÂdesh, represented by the Secretary, Ministry of Works, Secretariat Building, Dhaka..........................Respondent
Judment
March 31, 1987.
Cases Referred to-
State of Bombay vs. Pandurang Vinayak and others, A.I.R. 1953 (S.C) 244; East End Dwelling Co. Ltd. vs. Finsbury Borough ......adesh calls upon the reÂspondent to show cause why the memo dated 4.2.85 (Annexure-R) passed by the Ministry of Works shall not be declared to have been made without lawful authority and to be of no legal effect and as to why the respondent shall not be directed to release the property in question ..
Category: Immigration and Citizenship Law | Date: | Hits: 188
Janata Bank Vs. M/S Ahmedia Garments, 1987, 16 CLC (HCD)
....986. Judgment Anwarul Hoque Chowdhury J.- This appeal is directed against an order dated 21.6.86 passed in money suit no. 116 of 1985 by the 3rd subordinate judge, Dhaka attaching the schedule property before judgment. 2. Facts leading to this in short are that M/S. Ahmedia Garments instit......dent Judgment July 8, 1987. Cases Referred to- 33 DLR (AD) 298, AIR 1970 (S.C.) 891, AIR 1981 (S.C.) 1426, AIR 1986 ( S.C.) 1924, AIR 1983 (Cal), 106, AIR 1986 (Cal) 356, (1958) 1 All England Report 262, (1975) 1 All England Report 107, (1978) 1 All E.R.976, (1982) 2 All England Report 7....... 9. It is the case of plaintiff that the total loss the defenants are liable to pay to the plaintiff comes to Tk.24, 56,828/00 on account of damage and compensation. The plaintiff lastly served a legal notice on 2.11.1985 and again on 13.11.1985 through their appointed Advocate upon the defenÂd..Category: Business or Commercial Law | Date: | Hits: 209
State Vs. Mizanul Islam alias Dablu & another, 1987, 16 CLC (HCD)
....ui for chemical examination to ascertain if blood found on those articles was of human origin or not. He marked blood stained check Lungi, Blouse and dagÂger as Exhibit A.B and C respectively and on proper examination and analysis he opined that blood on each exhibit is of human origin. His cross-e......€¦Complainant (Informant) Vs. Mizanul Islam alias Dablu & another……………………….Opposite Party (Appellant) Judgment May 11, 1987. Result: The Reference is accepted and the death sentence is hereby confirmed. Lawyers Involved: Kaiseruddin Ahmed, Deputy Attorn......nce and produced him before the Magistrate, 1st Class, S. T. Tarikul Islam, Chuadanga, Kushtia for recording confessional statement. Magistrate recorded his confessional stateÂments on observing all legal formalities. Appellant Dablu led the Investigating Officer to his house and brought out a dagg..Category: Criminal Law | Date: | Hits: 61
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