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Milon @ Shahabuddin Ahmed Vs. State, 2001, 30 CLC (HCD)
....ate reported in 35 DLR 41 and in this case it has been held that, “Neither P.W.9 nor P.W.10 was named in the first information report, nor in the charge-sheet. They came to depose certain fresh facts which contain some serious allegations against the accused. The Special Tribunal cannot accept......oner Vs. State……….Opposite Party Judgment July 2, 2001. Cases Referred To- Kalyan Kumar Chowdhury Vs. The State, 1989 BLD (AD) 12; State Vs. Tota Mia, 51 DLR 244; Alkas Mia and others Vs. The State, 25 DLR 398; Alamgir Hossain (Md.) alias Alamgir Hossain and another Vs. St......rove the charge against the accused persons and the accused persons present in the Court were also examined under section 342 of the Code of Criminal Procedure who again pleaded not guilty and led no evidence. 5. In consideration of the evidence on record, the learned Additional Sessions Judge fo..Category: Criminal Law | Date: | Hits: 35
Abdus Sukur (Md.) and others Vs. Bhasani Mandal and another, 2001, 30 CLC (HCD)
....tiffs have no possession in the suit land on consideration of the evidence on record and such finding being a finding on fact must be held to have been concluded by the decision of the final Court of facts. He also supports the view of the Court of appeal below that the plaint was not signed by many......53 DLR (HCD) (2001) 452.......h cancellation committed no error calling for any interference. He also submits that the finding of the appellate Court that the plaintiffs have no possession in the suit land on consideration of the evidence on record and such finding being a finding on fact must be held to have been concluded by t..Category: Property Law | Date: | Hits: 75
State Vs. Md. Shamim alias Shamim Sikder and others, 2000, 29 CLC (HCD)
....plicated in this case. 6. The prosecution in this case in all examined 16 witnesses and the defence examined none. The learned Additional Sessions Judge in consideration of the evidence on record, facts and circumstances of the case convicted the condemned prisoner Shamim @ Shamim Sikder under se......ourt High Court Division (Criminal Appellate Jurisdiction) Present: MM Ruhul Amin J Md. Joynul Abedin J State ……………..Petitioner Vs. Md. Shamim alias Shamim Sikder and others…………..Opposite Parties. Judgment November 13, 2000. Cases Referred To- ......have been falsely implicated in this case. 6. The prosecution in this case in all examined 16 witnesses and the defence examined none. The learned Additional Sessions Judge in consideration of the evidence on record, facts and circumstances of the case convicted the condemned prisoner Shamim @ Sh..Category: Criminal Law | Date: | Hits: 50
Gurvinder Singh Vs. Secretary, Ministry of Finance and others, 1992, 21 CLC (HCD)
....ad, a letter of guarantee that in case he be subjected to any income-tax and found liable to pay, the company would stand for the amount and pay the same. That guarantee would, in our opinion, in the facts and circumstances of the case could be a guarantee that could be accepted by the Taxes Authori...... High Court Division (Special Original Jurisdiction) Present: Anwarul Haque Chowdhury J KM Hasan J Gurvinder Singh…………..Petitioner Vs. Secretary, Ministry of Finance and others…………..Respondents. Judgment July 8, 1992. Lawyers Involved: Masood R ......ee will not come back to Bangladesh again and if travels abroad he will be lost forever and would go forever outside the jurisdiction of the Taxing Authority, but in the instant case there is no such evidence to show that the petitioner would never come back to Bangladesh when he has been doing a pr..Category: Fiscal/Taxation Law | Date: | Hits: 98
....gicha, Dhaka in Case No.176 of 1987 (Ka-21-Gulshan Area, Dhaka) should not be declared to have been passed illegally and without any lawful authority and, as such, of no legal effect.
2. The short facts leading to the issuance of this Rule are that the landed property of House No.CWN(B)-30, (Hold......(Special Original Jurisdiction)
Present:
Syed JR Mudassir Hussain J
Syed Mahmud Hussain J
Hamayet Uddin Ahmed………….….Petitioner
Vs.
First Court of Settlement, Bangladesh Abandoned Building & others..………….Respondents
Judgment
May 8, 2001
Cases Referred......e with the findings of a tribunal of fact under its extraordinary jurisdiction under Article 102 only if it could be shown that the tribunal had acted without jurisdiction or made any finding upon no evidence or without considering any material evidence facts causing prejudice to the complaining par..
Category: Property Law | Date: | Hits: 103
Progoti General Insurance Co. Ltd. Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)
....AACT and order of the Tribunal, is under challenge in this reference application. 3. The following questions have been formulated by the assessee petitioner for our opinion: (i). Whether on the facts and in the circumstances of the case Taxes Appellate Tribunal was justified in maintaining ord......€¦..Respondent. Judgment June 11, 2000. Cases Referred To- Meghna Petroleum Co. Ltd. Vs. CIT 26 BTD (AD) 74 = 50 DLR (AD) 165; Shitaldas Tirathdas 41 ITR 367; Kerala Vs. Travancore Sugars and Chemicals Ltd. 90 ITR 3O7. Lawyers Involved: AFM Ferojuddin Bhuiyan, Advocate—For the Ap......ormulated by us in the negative and in favour of the assessee petitioner. There will be no order of cost. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 424, 53 DLR (HCD) (2001) 531. ..Category: Fiscal/Taxation Law | Date: | Hits: 104
Sogra Begum Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)
....ce for rectification of the order of the mistake as the mistake was apparent on the face of it. 5. Now the question that calls for determination in this application is that in view of the admitted facts and circumstances of the case can it be said that the petitioner was prevented by sufficient c......tation Act, for condonation of delay of 159 days in filing the reference application under section 160 of the Income Tax Ordinance, 1984. 2. It is stated that the petitioner is a pardahnashin lady and a housewife and she was assessed to tax under section 82(2)/93 of the Income Tax Ordinance, 1984......es not appear to us to be a fit case for granting a certificate as prayed for. Hence the prayer is rejected. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 420, 26 BLD (HCD) (2006) 301. ..Category: Fiscal/Taxation Law | Date: | Hits: 108
Mainuddin Chowdhury & others Vs. State and another, 2001, 30 CLC (HCD)
....he self-same incident against the informant and others. He also submits that such vague application and vague police report cannot be the basis cancellation of bail of the petitioners in the admitted facts of enmity and pending of counter cases between the parties. In support of his submission the l...... Court Division (Criminal Revisional Jurisdiction) Present: Md. Abdul Aziz J Hasan Foez Siddique J Mainuddin Chowdhury & others…………………..Petitioners Vs. State and another…………………..Respondents Judgment April 19, 2001. Cases Referred To- ......18-7-99 to the same effect. The learned Advocate for the petitioners submits that when the matter was amicably settled at the intervention of the local personalities between both the parties which is evidence from Annexure-1 series, and taking his own bail thereafter will in the counter case filed b..Category: Criminal Law | Date: | Hits: 43
Abul Kashen (Md.) Vs. Chairman, RAJUK and others, 2000, 29 CLC (HCD)
.... construction was made according to the plan approved on the said date. Thereafter the petitioner submitted a revised plan on 16-4-98 for construction of 5 storied commercial building suppressing the facts noted in the file of the earlier plan approved by the RAJUK, and it is also the case of the re...... High Court Division (Special Original Jurisdiction) Present: Syed JR Mudassir Hussain J Md. Awlad Ali J Abul Kashen (Md.) …………………Petitioner Vs. Chairman, RAJUK and others ……………………….Respondents. Judgment March 13, 2000. Lawyers Involv......n already made under the order of this Court should not be disturbed in any way by the respondents. There will be no order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 488. ..Category: Property Law | Date: | Hits: 114
....t in the method of accounting employed and the accounts maintained by the applicant there was any legal scope for computing the income of the applicant by resorting to estimate?
(2) Whether on the facts and in the circumstances of the case the learned Taxes Appellate Tribunal was legally justifie......Ed.
This case is also Reported in: 52 DLR (2000) 484.......r on the facts and in the circumstances of the case the computation of income of the applicant by the Deputy Commissioner of Taxes relying purely on surmise and conjectures and not on any material or evidence was sustainable in law and whether the learned Taxes Appellate Tribunal was legally justifi..
Category: Fiscal/Taxation Law | Date: | Hits: 101
Abdul Mannan and another Vs. Bangladesh, 1999, 28 CLC (HCD)
....el Hossain J.- Rules in Writ Petition No.1787 of 1998 and Writ Petition No.2259 of 1998 have been heard analogously and are being disposed of by this single judgment since common questions of law and facts are involved in both the Rules. 2. In Writ Petition No.1787 of 1998 Rule was issued at the ......his case is also Reported in: 52 DLR (2000) 471. ...... Petition No.2259 of 1998 are discharged without any order as to costs. The order of stay granted earlier in both Rules are hereby vacated. Ed. This case is also Reported in: 52 DLR (2000) 471. ..Category: Election Law | Date: | Hits: 97
A Rouf Chowdhury and another Vs. Bangladesh and others, 2000, 29 CLC (HCD)
..... Most important is the fact, the respondents failed to show any order of any competent authority taken in due exercise of the discretion under the Act for demolition and removal. 70. On the above facts, the irresistible conclusion is that the order for removal of the construction first asked by ......s case is also Reported in: 52 DLR (2000) 461. ......n view of our decision, the order issued earlier directing the parties to maintain status quo in respect of construction is hereby vacated. Ed. This case is also Reported in: 52 DLR (2000) 461. ..Category: Property Law | Date: | Hits: 125
Osena Begum alias Babuler Ma and another Vs. State, 2003, 32 CLC (HCD)
....ie. He cited the case of State Vs. Manna Gazi, 6 BLC 187. He further submitted that acceptance of dying declaration without corroboration depends upon the Court whether it could be satisfied from the facts and circumstances to accept the dying declaration as true and free from all doubts. He referre......so Reported in: 55 DLR (2003) 299. ......the hospital, her sister was alive in their house for 5 days. During those five days, her mother‑in‑law (Maoi) did not visit their house but her brother‑in‑law went. 25. After close of the evidence, both the accuseds were examined under section 342 of the Code of Criminal Procedure and th..Category: Criminal Law | Date: | Hits: 49
Akkas Ali Molla and another Vs. State, 2001, 30 CLC (HCD)
....earned Advocate has placed reliance in the case of Bhau Vyankatesh Chakorkar, reported in AIR 1925 Bombay 433. The learned Assistant Attorney General sought to distinguish the instant case from the facts of the case under report. He argued that the Heba deed was not produced or given in evidence b....... Ed. This Case is also Reported in: 55 DLR (2003) 296. ......ized under the Seizure List No. 7 and 8. PW 4 Abdul Motaleb attested witness of the aforesaid Heba deed. PW 5 Makbul Hossain was attached to Bogra Sadar Registration Office as a Record Keeper and his evidence is that the investigation officer seized the Thumb Impression Register Ext. 14 bearing the ..Category: Criminal Law | Date: | Hits: 129
Mrs. Aruna Sen Vs. Govt. of the PeoÂple's Republic of Bangladesh and others, 1974, 3 CLC (HCD)
....n most cases and these affidavits showed that in certain cases, he passed merely a routine order in accordance with the recommendation of the police and in certain other cases applied his mind to the facts of the case before signing the order. According to the Judicial Committee, routine orders whic......Rahman Chowdhury, J.- I agree. Ed. This Case is also Reported in: 27 DLR (1975) HCD 122. ......icer were declared to be invalid, but the orders which were averred by the signing officer to have been made after consideration of the relevant materials or in respect of which there was no contrary evidence, were held to be valid. 13. The case of Liversidge Vs. Anderson was distinguished in the..Category: Constitutional Law | Date: | Hits: 291
Zafela Begum and others Vs. Atikulla and others, 2011, 40 CLC (AD)
.... the Respondents. Civil Appeal No. 181 of 2004. (From the judgment and order dated 26.5.2003 passed by the High Court Division in First Appeal No. 100 of 1995) Judgment SK Sinha J. - The facts out of which this appeal arose are as under: In a suit for partition the plaintiffs who are...... 16 MLR (AD) (2011) 216, VIII ADC (2011) 907. ......and. Mr. Mahbubey Alam, appearing for the plaintiffs contended that the High Court Division failed to notice that apart from the admission of Abdul Majid, the plaintiffs led both oral and documentary evidence in support of their claim, but the defendants failed to substantiate their claim that in pu..Category: Property Law | Date: | Hits: 127
....tition No. 3962 of 1998 whereby the respondents, the Ministry of Social Welfare and other government functionaries, were directed to give registration to the Samity of the writ petitioners.
2. The facts relevant for disposal of the present Rule is that the respondent No.1 filed Writ Petition No. ......his Case is also Reported in: 55 DLR (2003) 289.
...... of the review petitioners the same is set aside on review.
In the result, the Rule is made absolute without any order as to costs.
Ed.
This Case is also Reported in: 55 DLR (2003) 289.
..
Category: Others | Date: | Hits: 119
Agrani Bank Vs. MA Kahhar, 2002, 31 CLC (HCD)
....recoverability of the debt got animated by application of section 19 of the Limitation Act, (III) whether section 25(3) of the Contract Act salvaged the plaintiff/appellant's claim. 10. Undisputed facts as they transpire from the plaintiff/appellant's pleadings, evidence adduced by the said party......……………………….…Appellant Vs. MA Kahhar …………………………respondent Judgment March 27, 2002. Cases Referred To- Tripura Modern Bank Ltd Vs. Elahi Baksha and others, 18 DLR 498; Gajadhar Vs. Jagannath, AIR 1924 All 551; Nathu Sing Vs. Girwar Sing, AIR 19......l safety valve by inserting section 25(3) in the Contract Act to enable creditors to chase such moonlight flitters even beyond the limitation period. 9. In the light of the pleadings, the trend of evidence and the judgment under appeal and, of course Mr. Hasnat's broad spectrum submissions, the, ..Category: Banking Law | Date: | Hits: 215
Alam Kabiraj and others Vs. State, 2003, 32 CLC (HCD)
....were not at all true and voluntary as required under rule. He argues that in above situation conviction of above 3 accused appellants cannot be based on Exhibits 8, 9 And 10. 17. Placing all above facts and circumstances learned Advocate submits that learned trial court had no reliable legal evid......d. This Case is also Reported in: 55 DLR (2003) 273. ...... Alam Kabiraj, Sharifuddin, Majid Sarder, injury certificate, inquest report, chalan, map, index were marked Exhibit 1‑16, alamats were marked materials Exhibit I G. After conclusion of prosecution evidence accused present at the trial were examined under section 342 Cr.P.C. and the statements wer..Category: Criminal Law | Date: | Hits: 42
Sirajul Islam (Md.) Vs. Wahidul Haque, 2003, 32 CLC (HCD)
.... behalf of the petitioner of the review petition submitted that the petitioner was not properly guided and aided in the matter by his previous lawyer who could not fully understand and appreciate the facts and did not give proper advice as to the actions to be taken by the petitioner in order to com......ate‑For the Petitioner. M Saleemullah, Advocate‑For the Respondent. Review Petiton No. 39 of 2003. Judgment Salma Masud Chowdhury J.- This is an application for review of the judgment and order dated 27‑1‑2003 passed in Contempt Petition No. 70 of 2002 which arose out of Writ Pet......ion is allowed. The punishment awarded on the petitioner by the order dated 27‑1‑2003 in Contempt Petition No. 70 of 2002 is remitted. Ed. This Case is also Reported in: 55 DLR (2003) 272. ..Category: Others | Date: | Hits: 118
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