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Shahina Begum Vs. Bangladesh, 2003, 32 CLC (HCD)
....any illegality. The Rule, therefore does not merit any consideration. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 224.......any illegality. The Rule, therefore does not merit any consideration. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 224.......ered would have secured a conviction, if produced." 10. From the aforesaid observation it appears that pendency of criminal case ipso facto cannot debar the detaining authority from exercising the jurisdiction under section 3(2) of the Act. In the instant case it has been repeatedly submitted tha..Category: Criminal Law | Date: | Hits: 55
Badal Kumar Paul Vs. State, 2003, 32 CLC (HCD)
.... the Act, and sentenced him to imprisonment for life. 2. The prosecution case, in short, is that on 5‑11‑97 at about 9‑10 AM the police found 250 bottles of Phensidyl, each contained 100 ml, totaling 25 liters and 72 pieces of Indian woollen mufflers worth of Taka 32,200 in the possession o...... whether the heroin seized was pure heroin or mixed heroin. 3 Kg 270 gm of heroin in four packets were found in the possession of respondent Miss Eliada Maccord. This Division was of the view that in absence of any proof of recovery of more than 25 gm of actual heroin she could not be convicted and ...... not wanted in any other case. Send down the records. Let a copy of this judgment be sent to the Directorate of Narcotics for guidance. Ed. This Case is also Reported in: 55 DLR (2003) 218...Category: Criminal Law | Date: | Hits: 90
.... and made statements. Though they did not admit the allegations directly we find from their statements that 3 of them admitted their presence, where the alleged occurrences took place and one of them totally denied, the allegations against him stating that he was not in the campus on the night of th......mitted a written reply and he was also personally heard. There was no allegations of mala fide against the invigilator or chief invigilator. Merely because they were examined by the said Board in the absence of the petitioner it cannot be held that the principle of natural Justice was violated.”
......dgment application for direction to allow the petitioner of the respective Rule to appear in the ensuing examination is also hereby rejected.
Ed.
This Case is also Reported in: 51 DLR (1999) 563...
Category: Others | Date: | Hits: 116
Maliha Banu Vs. Deputy Commissioner of Taxes and others, 1997, 26 CLC (HCD)
....n the writ petition, in our view, is not available to the petitioner. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 561.......n the writ petition, in our view, is not available to the petitioner. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 561.......ddled the petitioner with the liability of excess tax considering amount shown as loan as income from unexplained sources and, as such, the assessment so made by the income tax authorities is without jurisdiction and as well as without lawful authority and consequently is of no legal effect. 3. A..Category: Fiscal/Taxation Law | Date: | Hits: 77
Md. Riaz Uddin Khan, Advocate and another Vs. Mahmudur Rahman and others, 2010, 39 CLC (AD)
....dge, a teacher of law and an academician may make fair criticism and the Court in such case will be able to ascertain a good faith with the comments, but if a scurrilous comment is made by one who is totally foreign on the subject like the respondents whose normal duties are not the one written in t......present case with any hope of success. Equally, the defence of fair comment is not available. For fair comment it is necessary that facts should be truly stated; it is not enough that there should be absence of malice, or that the expression of opinion should be honest." 78. In J.C. Shah [J.C. Sh......s of Justice. Peacock, C.J. in Re. Abdool, 8 WR Cr 31 observed: "there can be no doubt that every Court of Record has the power of summarily punishing the contempt". It is argued that it is a special jurisdiction which is inherent in all Courts of Record. The Charter of 1774 which established the Su..Category: Criminal Law | Date: | Hits: 163
MA Qasem Vs. Subordinate Judge, Artha Rin Adalat and others, 1999, 28 CLC (HCD)
....en prejudiced in any respect or manner. In view of the discussion made above the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 341. ......e Rule. 7. It is the contention of the petitioner herein that learned Subordinate Judge acted illegally in allowing the plaintiff to produce documents much long after the filing of the suit in the absence of any case of exceptional circumstance’ for not filing the said document at the time of i......plaintiff contending that the said original documents were not filed in the suit along with the plaint. Defendant’s application so filed was rejected and thereupon he moved this court in revisional jurisdiction but without any success. Thereupon the defendant went on appeal before the Appellate Di..Category: Civil Law | Date: | Hits: 90
....ome Tax Assessee of Intelligence and Investigation Circle-UI, Dhaka under GIR No.3968 Intel NV-III was assessed to Income Tax for the assessment year 1986-87 under section 83(2) of the Ordinance on a total income of Taka 3,63,339 on 29-6-89 and tax including interest payable amounted to Taka 1,31,66......ion raised in this reference is answered in the negative and in favour of the assessee applicant.
There will be no order as to cost.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 338.......ion raised in this reference is answered in the negative and in favour of the assessee applicant.
There will be no order as to cost.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 338...
Category: Fiscal/Taxation Law | Date: | Hits: 81
Eman Ali Mallik Vs. State, 2000, 29 CLC (HCD)
.... case within six months from the date of receipt of the case records from this Court. Send down the lower Court records immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 335.......em is illegal and without jurisdiction and, as such, the impugned order of conviction and sentence is liable to be set aside. The learned Advocate further submits that in view of the fact that in the absence of any reliable evidence on record to prove that the accused appellant Eman Ali, in violatio...... that there was no prior sanction for prosecution as required by law, the trial of the accused appellants and the resultant order of conviction and sentence passed against them is illegal and without jurisdiction and, as such, the impugned order of conviction and sentence is liable to be set aside. ..Category: Criminal Law | Date: | Hits: 43
Jamal Uddin alias Md. Jamal Uddin Vs. State, 2000, 29 CLC (HCD)
....e immediate steps for securing his arrest to serve out the sentence imposed upon him. Send down the Lower Court records immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 330.......e immediate steps for securing his arrest to serve out the sentence imposed upon him. Send down the Lower Court records immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 330.......e immediate steps for securing his arrest to serve out the sentence imposed upon him. Send down the Lower Court records immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 330...Category: Criminal Law | Date: | Hits: 37
A Jabber Howlader Vs. Ali Akbar Howlader and State, 1999, 28 CLC (HCD)
....end down the LC Records along with a copy of this judgment to the District Magistrate, Jhalakati, for disposal of this case as per law. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 329.......ransferred the case record to the trial Court for disposal as per law. 3. On receipt of the said file the learned trial Court fixed 26-4-94 for framing of char but the same could not be framed for absence of the learned Magistrate and thereafter on subsequent date the complainant-appellant remain......end down the LC Records along with a copy of this judgment to the District Magistrate, Jhalakati, for disposal of this case as per law. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 329...Category: Criminal Law | Date: | Hits: 63
Babar Hossain Vs. State, 2000, 29 CLC (HCD)
.... Magistrate of the 1st Class, Chouddagram and the Deputy Commissioner Comilla immediately for their information and necessary action. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 326. ...... the case, I think it pertinent to note that although as a proposition of law mere abscondence of the accused by itself is no proof of his guilt yet, under special circumstances, the wilful continued absence of the accused to avoid the trial and to jump the bail on being released by the order of the...... Magistrate of the 1st Class, Chouddagram and the Deputy Commissioner Comilla immediately for their information and necessary action. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 326. ..Category: Criminal Law | Date: | Hits: 58
Shawn Apparels Ltd. Vs. Commissioner of Customs and others, 1998, 27 CLC (HCD)
....ecretary of Finance (IRD), 2) Secretary, Ministry of Commerce, 3) Chairman, the National Board of Revenue for necessary action. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 316. ......ecretary of Finance (IRD), 2) Secretary, Ministry of Commerce, 3) Chairman, the National Board of Revenue for necessary action. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 316. ......is not efficacious and speedy remedy like the writ petition because no ad-interim order can be passed by the Appellate authority. The learned Advocate finally submits that the order is wholly without jurisdiction and, as such, the respondents are bound to obey the orders earlier passed by the respon..Category: Fiscal/Taxation Law | Date: | Hits: 83
....pondents are to take steps accordingly without delay.
In the result, these Rules are made absolute without any order as to costs.
Ed.
This case is also Reported in: 52 DLR (HCD) (2000) 308.
......pondents are to take steps accordingly without delay.
In the result, these Rules are made absolute without any order as to costs.
Ed.
This case is also Reported in: 52 DLR (HCD) (2000) 308.
......are not maintainable on the ground that the petitioners seek to enforce contractual terms and conditions of service which are governed by the law of contract and cannot be adjudicated upon under writ jurisdiction, that the employments of the petitioners were on contract basis, the terms and conditio..
Category: Employment/Service Law | Date: | Hits: 113
Shahabuddin Ahmed Vs. Abdur Rab Molla & others, 1999, 28 CLC (HCD)
....1992, is set aside. In the result, the Rule is made absolute but without any order as to costs. Send down the records forthwith. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 305. ......ence Act and section 27 of the General Clauses Act. This submission of the learned Advocate has substance. If the letter is properly addressed and posted, proper service is to be presumed, and in the absence of any evidence to the contrary this fact is proved, unless it is proved otherwise by the ad......1992, is set aside. In the result, the Rule is made absolute but without any order as to costs. Send down the records forthwith. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 305. ..Category: Trust/Waqf Law | Date: | Hits: 189
....es are made absolute without any order as to costs. The respondents are accordingly directed to reinstate the petitioners in service.
Ed.
This case is also Reported in: 52 DLR (HCD) (2000) 299.
......es are made absolute without any order as to costs. The respondents are accordingly directed to reinstate the petitioners in service.
Ed.
This case is also Reported in: 52 DLR (HCD) (2000) 299.
......y to the show cause notice and the finding of the enquiry officer together with materials on record and, as such, the impugned order does not suffer from infirmity so as to be interfered with in this jurisdiction.
6. It appears that the enquiry proceedings in the instant case was started on 4-3-9..
Category: Employment/Service Law | Date: | Hits: 87
....cribed and defined by boundary on four sides. Description is given below:
Schedule
District Dhaka Police Station and Mouza Sutrapur, CS Khatian No 17008, SA Khatian No 337, SA Plot No. 802, the total area of land is 1.4010 acres, the suit property is about 2.75 decimals/about 1.67 kathas havin...... of justice has been occasioned. In exercise of this power the High Court Division is not obliged to hear the parties in disposing of a Civil Revision petition and a judgment can be pronounced in the absence of the parties when they had opportunity to appear but failed to appear. For this view taken......ion petition and a judgment can be pronounced in the absence of the parties when they had opportunity to appear but failed to appear. For this view taken by me, I am fortified with authorities of our jurisdiction in Darshatullah Vs. Manik Mondal and others, 1984 BLD (AD) 234 and Safaruddin and other..
Category: Property Law | Date: | Hits: 68
....he Companies Act be returned to the petitioner.
The petitioner may refer the matter to the said Arbitration Tribunal, if so advised.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 538.......he Companies Act be returned to the petitioner.
The petitioner may refer the matter to the said Arbitration Tribunal, if so advised.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 538.......ct is a complete code, containing obligations, rights and privileges of the companies under that Act to enjoy and perform, as the case may be. The Act he argues expressly provides a special exclusive jurisdiction to enforce them. And the jurisdiction is of the High Court Division.
27. In order to..
Category: Company Law | Date: | Hits: 198
Jalal Uddin Ahmed (Md.) and others Vs. Delwar Hossain and others, 1999, 28 CLC (HCD)
....nths from the date of receipt of this order. No costs. The office is directed to communicate this order at once to the appellate Court. Ed. This Case is also Reported in: 51 DLR (1999) 552.......nths from the date of receipt of this order. No costs. The office is directed to communicate this order at once to the appellate Court. Ed. This Case is also Reported in: 51 DLR (1999) 552.......f Civil Procedure which reads as follows: “The procedure provided in this Code in regard to suits shall be followed, as far as it can be made applicable, in all proceedings in any Court of Civil jurisdiction.” Admittedly, those two deceased opposite parties were not contesting in the trial..Category: Property Law | Date: | Hits: 58
Abul Kalam Mollah Vs. State, 1999, 28 CLC (HCD)
.... to which he reported his innocence. The defence examined two DWs who were duly cross-examined by the prosecution. 5. The defence case, as could be gathered from the trend of cross-examination, is total denial and, inter alia, case is that he was not present in his house on the date and that afte......ement that the same bears the LTI of the confessing accused on each and every page of the same save and except the last page, though the signature of the recording Magistrate finds place thereto. The absence of the LTI of the confessing accused on the last page in no way can be said that the same ha...... Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 51 DLR (1999) 544...Category: Criminal Law | Date: | Hits: 32
Khurshid Alam Vs. Securities and Exchange Commission and others, 1999, 28 CLC (HCD)
....he result, the Rule is discharged with cost of Taka 10,000.00 (ten thousand) to be paid by the petitioner to the contesting respondent No. 1. Ed. This Case is also Reported in: 51 DLR (1999) 534.......he result, the Rule is discharged with cost of Taka 10,000.00 (ten thousand) to be paid by the petitioner to the contesting respondent No. 1. Ed. This Case is also Reported in: 51 DLR (1999) 534.......he result, the Rule is discharged with cost of Taka 10,000.00 (ten thousand) to be paid by the petitioner to the contesting respondent No. 1. Ed. This Case is also Reported in: 51 DLR (1999) 534...Category: Banking Law | Date: | Hits: 196
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