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Babul Sikder and others Vs. State represented by the DC, 2003, 32 CLC (HCD)
....kerganj) in respect of accused‑appellant Babul Sikder is maintained. Lower Court's Record be sent down as immediate as possible. Ed. This Case is also Reported in: 56 DLR (HCD) (2004)174. ......nd sentence of imprisonment for life upon three (3) appellants who were depicted as authors of crime gave rise to this criminal appeal. 2. Fate of Criminal appeal hinges on answer to the following questions: i) Whether the prosecution could substantially bring home the offence against accuse....... Before adverting to the authorities placed it is profitable to observe that a decision is only an authority for what it actually decides. Every Judgment must be read as applicable to the particular facts proved or assumed to be proved since the generality of the expression which may be found there..Category: Criminal Law | Date: | Hits: 54
Salahuddin Talukder (Md) Vs. Government of the People's Republic of Bangladesh, 2002, 31 CLC (HCD)
....r, Appraiser and others so far relates to the petitioner is hereby declared to have been passed without any lawful authority. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 161. ......r, Appraiser and others so far relates to the petitioner is hereby declared to have been passed without any lawful authority. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 161. ...... XXXII of 1975. Thus, it appears to us that section 8 of Act XX of 2000 made under Act 133 of the Constitution is misconceived and cannot be maintained for want of jurisdiction. Considering all these facts and circumstances we find merit in this Writ petition. 12. In the result the Rule is ma..Category: Employment/Service Law | Date: | Hits: 116
Grameen Telecom Vs. Dr. Rowshan Alam and others, 2010, 39 CLC (AD)
....y to the suit. We, therefore, find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 69, VIII ADC (2011) 43. ......y to the suit. We, therefore, find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 69, VIII ADC (2011) 43. ......y to the suit. We, therefore, find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 69, VIII ADC (2011) 43. ..Category: Procedural Law | Date: | Hits: 115
Md. Abdur Rashid Akand Vs. Md. Raisuddin and others, 2010, 39 CLC (AD)
....ality in the said exercise of power in this case. There is no merit in this petition. The petition is accordingly dismissed. This Case is also Reported in: 16 MLR (AD) (2011) 63, VIII ADC (2011) 39.......ality in the said exercise of power in this case. There is no merit in this petition. The petition is accordingly dismissed. This Case is also Reported in: 16 MLR (AD) (2011) 63, VIII ADC (2011) 39.......Court as to the mode of disposal. It can in exercise of its powers of revision pass any order which may satisfy the justice of the case. What order should be in any particular case will depend on the facts and circumstances of that case. It can in exercise of that power finally dispose of the case i..Category: Property Law | Date: | Hits: 48
Ocean Containers Ltd. Vs. Government of Bangladesh and others, 2002, 31 CLC (HCD)
....id SRO are illegal and without jurisdiction. In the result, the Rule is made absolute for the above reasons without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 250.......id SRO are illegal and without jurisdiction. In the result, the Rule is made absolute for the above reasons without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 250....... the Income Tax Ordinance, 1984. A case of legitimate expectation would arise when a body by representation or by past practice aroused expectation which it would be within its powers to fulfill. The facts of the case in hand do hot admit of any scope of such argument. 18. It may also be stated ..Category: Fiscal/Taxation Law | Date: | Hits: 86
Patwary Rafiquddin Haider Vs. State and another, 2002, 31 CLC (HCD)
....udgment. The question posed is answered accordingly. The Rule arising out of a petition for Anticipatory Bail, thus stands disposed of. Ed. This Case is also Reported in: 55 DLR (2003) 241....... Case No. 263 of 2001 corresponding to non GR Case No. 2033 of 2001 under sections 465/467/468//469/471/506 and 34 of Penal Code pending in the court of Metropolitan Magistrate, Chittagong. 2. The question that survives for determination is, whether petitioner's, request for Anticipatory Bail can......proper and intelligent exercise of discretion. Generally speaking, the main circumstances as would entitle an order for extraordinary remedy of Pre-arrest bail is the Perception of the court upon the facts and materials disclosed by the petitioner before it that the criminal proceeding which is bein..Category: Criminal Law | Date: | Hits: 79
....and thus there is no merit in the leave petition.
Accordingly, the petition for leave to appeal is dismissed
Ed.
This Case is also Reported in: 16 MLR (AD) (2011) 49, 63 DLR (AD) (2011) 127.
......and thus there is no merit in the leave petition.
Accordingly, the petition for leave to appeal is dismissed
Ed.
This Case is also Reported in: 16 MLR (AD) (2011) 49, 63 DLR (AD) (2011) 127.
......desh or he has ceased to occupy or manage or supervise or control the property when the P.0.16 of 1972 came into force. In such a situation the High Court Division can not up set the such findings of facts under its extra-ordinary jurisdiction under Article 102 of the Constitution. In the case of Go..
Category: Property Law | Date: | Hits: 54
Russel Vegetable Oil Ltd. Vs. Collector of Customs and others, 2000, 29 CLC (HCD)
.... two months. There shall be no order as to costs. Let a copy of this order be sent to the Commissioner of Customs, Chittagong. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 382. ......invoice value. If they do not accept ‘the invoice value they must have sufficient materials to support their action. There is no such material whatsoever which tends to show that the consignment in question has been under invoiced. 14. Admittedly there was no fixed tariff value for the said imp......ney-General—For the Opposite Parties. Writ Petition No. 2293 of 1994 with Writ Petition No. 2261 of 1995. Judgment Kazi AT Manowaruddin J. - These two Rules have been heard together as the facts are alike and the points of law involved are same and these shall be disposed of by this commo..Category: Fiscal/Taxation Law | Date: | Hits: 79
Abdul Ahad @ Md. Abdul Ahad Vs. State, 2000, 29 CLC (HCD)
....86 pending in the Court of Upazila Magistrate, Jagannathpur, District Sunamganj are quashed. The Rule is accordingly, made absolute. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 379....... of the opinion that petitioner and others gave importance to their interest than that of court’s order and thereby they have committed an offence under section 188 of the Penal Code. 4. Now the question is, whether the learned Magistrate can suo motu initiate a proceeding under section 188 of ......86 pending in the Court of Upazila Magistrate, Jagannathpur, District Sunamganj are quashed. The Rule is accordingly, made absolute. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 379...Category: Criminal Law | Date: | Hits: 57
Commissioner of Taxes Vs. Bangladesh Rural Advancement Committee (BRAC), 1999, 28 CLC (HCD)
....estions put to us in the reference applications are in the affirmative. These two Reference Applications are accordingly disposed of. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 152. ......ture in respect of ITA No. 55 of 1994-95 for the assessment year 1989-90 and ITA No. 552 of 1994-95 for the assessment year 1990-91 passed by the Taxes Appellate Tribunal, Dhaka, Bench-3. As the same question of law and fact is involved these two reference applications are being disposed of by this ......ed the applications and set aside the assessment. Thereafter the revenue preferred these two said reference applications and we have been asked to answer the following questions: i) Whether on the facts and in the circumstances of the case the learned Taxes Appellate Tribunal, Dhaka Bench-3 was l..Category: Fiscal/Taxation Law | Date: | Hits: 99
Mazharul Haque Qureishi Vs. Giridhari Rishi and others, 1998, 27 CLC (HCD)
....vil Procedure are that both the suits are to be between the same parties or between the parties under whom they are litigating under the same title and that the matter in issue in the earlier suit is identical with the matter in issue in the subsequent suit. Mr. Islam next cites before me the case o......In the result, the Rule is discharged without any order as to costs. The order of stay earlier granted by this Court stands vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 149.......-3-94 passed by the Assistant Judge, Savar in the District of Dhaka in Title Suit No. 10 of 1994, rejecting the petitioner’s application under section 10 of the Code of Civil Procedure. 3. Short facts relevant for the purpose of the case are that the mother of the petitioner as plaintiff instit..Category: Property Law | Date: | Hits: 57
....sions Judge, Dhaka is declared to have been issued illegally and the same is without any lawful authority and to be of no legal effect.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 145.......ccording permission to the respondent No. 1 Deputy Director, Bureau of Anti Corruption, Dhaka to seize certain documents (of 9 account holders) in order to facilitate investigation has been called in question. Accordingly, respondent No. 1, Deputy Director, Bureau of Anti Corruption, Dhaka by its of......red illegal and without jurisdiction.
3. Mr. Huq also argued that Banks Evidence Act, 1891 is a special law dealing with bank matters which gives special statutory protection against disclosure of facts relating to a customer. Section 5 of the said Act provides that no officer of a bank shall in ..
Category: Criminal Law | Date: | Hits: 41
Islamic Foundation Bangladesh Vs. Firoz Alam and others, 1997, 26 CLC (HCD)
....1-11-1995 passed by this Court staying the operation of the impugned judgment and decree passed by the trial Court is hereby vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 141. ......1-11-1995 passed by this Court staying the operation of the impugned judgment and decree passed by the trial Court is hereby vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 141. ......e dead if he is not heard of by his family members and relations for more than 7 years. Section 107 of the Evidence Act speaks of presumption for continuance of life for more than 30 years and in the facts and circumstances of the present case which says that a person is presumed to be dead if he is..Category: Property Law | Date: | Hits: 116
Tahera Khatun Bibi and others Vs. Abdul Jalil Mandal and others, 1998, 27 CLC (HCD)
....ption is allowed. Send down the lower Court records at once. The order of status quo granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 134. ......fact found that the pre-emption case is barred by limitation. On appeal, the learned District Judge on detailed consideration of the evidence on record set aside the finding of the trial Court on the question of limitation on assigning cogent reasons. 8. PW 1 in his evidence clearly stated that t......dha in Misc. Appeal No. 72 of 1988 reversing the judgment and order dated 29-9-88 passed by the Assistant Judge, Gobindaganj, in Miscellaneous Case No. 64 of 1984 disallowing pre-emption. 2. Short facts relevant for the purpose of the case are that, opposite party Nos.1 and 2 as pre emptors filed..Category: Property Law | Date: | Hits: 56
Mukit and others Vs. State, 2011, 40 CLC (AD)
....in be set at liberty at once if not wanted to connection with any other case. This Case is also Reported in: 8 LG (AD) (2011) 17, 16 MLR (AD) (2011) 86, VIII ADC (2011) 238, 31 BLD (AD) (2011) 56. ......in be set at liberty at once if not wanted to connection with any other case. This Case is also Reported in: 8 LG (AD) (2011) 17, 16 MLR (AD) (2011) 86, VIII ADC (2011) 238, 31 BLD (AD) (2011) 56. ......in be set at liberty at once if not wanted to connection with any other case. This Case is also Reported in: 8 LG (AD) (2011) 17, 16 MLR (AD) (2011) 86, VIII ADC (2011) 238, 31 BLD (AD) (2011) 56. ..Category: Criminal Law | Date: | Hits: 49
State Vs. Mukta Khan and another, 2011, 40 CLC (AD)
....ith this observation the leave petition is dismissed as infructuous. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 33, 16 MLR (AD) (2011) 92, 8 LG (AD) (2011) 69, 31 BLD(AD) (2011) 110. ......ith this observation the leave petition is dismissed as infructuous. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 33, 16 MLR (AD) (2011) 92, 8 LG (AD) (2011) 69, 31 BLD(AD) (2011) 110. ......ode, pending in the Court of the Judicial Magistrate, Jhinaidah. The High Court Division also made an observation that the concerned Court "may enlarge the petitioners on regular bail considering the facts, circumstances and materials on record" if they surrender as per direction. 2. Mr. Shashank..Category: Criminal Law | Date: | Hits: 55
Md. Nasirullah & other Vs. Md. Ziauddin Khan & others, 2007, 36 CLC (AD)
....on record arrived at a correct decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. This Case is also Reported in: 18 BLT (AD) (2010) 19. ...... the suit land have been in possession of the same for a long period to the knowledge of the plaintiffs. 4. The trial court on consideration of the materials on record held that the transaction in question is a past and closed one and as such the plaintiffs have no right of redemption and accordi......on record arrived at a correct decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. This Case is also Reported in: 18 BLT (AD) (2010) 19. ..Category: Property Law | Date: | Hits: 60
.... above, we find no substance in the submission of the learned Advocate-on-Record for the petitioner.
Accordingly, the petition is dismissed.
This Case is also Reported in: 19 BLT (AD) (2011) 5.
......occasioning irreparable loss and injury to the petitioner; that the High Court Division having not taken into consideration the facts and circumstances and documentary evidences of the Waqf Estate in question regarding right, title, interest and possession of the Waqf Estate over the disputed hat, B......authority most wrongly discharged the Rule on the ground of infructuous occasioning irreparable loss and injury to the petitioner; that the High Court Division having not taken into consideration the facts and circumstances and documentary evidences of the Waqf Estate in question regarding right, ti..
Category: Property Law | Date: | Hits: 71
Lutfor Rahman Vs. Divisional Mechanical Engineer and others, 1998, 27 CLC (HCD)
.... Accordingly, we direct to dispose of the review petition according to law. In the result, we make the Rule absolute. No costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 133.......Assistant Attorney-General contends that as the action has been taken under Martial Law Order No.9 of 1982 it is protected under the Constitution (Seventh Amendment) Act, 1986 and cannot be called in question in any Court including this Court. We are also of the opinion that jurisdiction of this Div...... sudden he received the order of dismissal dated 22-7-85 passed under Martial Law Order 9 of 1982 signed by the Secretary, Ministry of Communication. 3. The petitioner obtained this Rule upon such facts challenging the order on the ground the same has been passed without lawful authority and to d..Category: Employment/Service Law | Date: | Hits: 78
Hanif Sheikh (Md.) Vs. Asia Begum, 1998, 27 CLC (HCD)
....he charges leveled against him. The accused petitioner is discharged from his bail bonds. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 129.......y missed this vital legal aspect of the case and the essential ingredient of section 493 of the Penal Code in convicting the accused petitioner, being carried away by an emotional approach to a legal question. 14. Law requires that a Court or a Tribunal adjudicating any judicial matter before it ......was previously married to Arab Ali, when she underwent all the formalities of the Muslim marriage and consequently she is conversant with the essential requirements of a valid Muslim marriage. In the facts and circumstances of the case and the evidence on record, it is difficult to comprehend how su..Category: Criminal Law | Date: | Hits: 67
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