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Rafique‑Ul Huq Vs. Bangladesh and others, 1992, 21 CLC (HCD)
....irecting the petitioner to submit his passport is declared to have been made without any lawful authority and it has no legal effect. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 398. ...... Present: Md. Abdul Jalil J Naimuddin Ahmed J Rafique‑Ul Huq........Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs, Bangladesh Secretariat, Dhaka and others ………..Respondents Judgment February 17, 1992. Result: The Rule is made a......enforcement of fundamental rights, it is not necessary to avail of the alternative remedy, if any. He further submits that, in fact, the order is not appealable. He also submits that the principle of natural justice was not followed in the instant case. He has drawn our attention to section 21 of th..Category: Business or Commercial Law | Date: | Hits: 601
....ormulated in this application is in the affirmative and against the Revenue.
Parties are to bear their respective costs althrough.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 389.
......
Judgment
June 23, 1992.
Result:
The court ruled in affirmative.
Cases Referred to-
Haxari Mal Kuthiala Vs. Income Tax Officer, Special Circle, Ambala Canit, 30 ITR, 500; Dialdas Parmanand Kripalani Vs. PS Talwalkar, 1957 Bomb; Commissioner of Income Tax Vs. Zoroastrian Building Socie......of Income Tax Vs. Zoroastrian Building Society Ltd. (1955) 27 ITR 218 while construing the expression "levy" employed in 3rd proviso to section 9(2) of the Income Tax Act, 1922, it was held that only natural and proper construction which could be placed upon the expression "levy" is "impose" and not..
Category: Fiscal/Taxation Law | Date: | Hits: 266
Nowsher Ali & others Vs. State, 1986, 15 CLC (HCD)
....pheld and reference is accepted. Sentence of death passed on each appellant is merely confirmed. Mohammad Sohrab Ali J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 57. ...... May 11, 1986. Result: The appeals are dismissed. Cases Referred to- 13 DLR page 64; 27 DLR page 7; 37 DLR page 33; State Vs. Puhardhar Joydhar (31 DLR page 312); State Vs. Abdur Rahman and others 27 DLR 77 AIR 1971 S.C. 1584; State Vs. Nawab Ali Biswas, (1961) 13 DLR 646; State Vs. Mo......te mitigating circumstance but abnormal and excessive delay of 6 years may be considered for commutation of death to life imprisonment. We Judges do not share same view of every one of us and this is natural because everyone of us has his own philoÂsophy of law and life molded and conditioned by hi..Category: Criminal Law | Date: | Hits: 134
Shariful Bhuiyan and another Vs. State, 2009, 38 CLC (HCD)
....in 3 (three) months from the date of receipt of this order. Let a copy of the judgment be sent to the trial Court concerned at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 524.......s also Reported in: 63 DLR (HCD) (2011) 524.......at caution and cirÂcumstances to impart criminal justice. Here in this case if the accused petitioners are not given chance to re-call and cross-examine those P.Ws., then truth will not come out and natural justice will be hamÂpered. The Court is a umpire to impart justice. The Court cannot use th..Category: Procedural Law | Date: | Hits: 129
Dalilur Rahman and others Vs. State, 1991, 20 CLC (HCD)
....nted by this court be discharged from his bail bond. Let the Criminal Revision No.1020 (R)/91 be disposed of accordingly. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 379. ......d in: 44 DLR (HCD) (1992) 379. ......rt and no defence witness was examined to prove the said allegation. Thus from the defence suggestion it is clear that the deceased Habibur Rahman was assaulted in his house on 29.10.86. So it is but natural that he was assaulted by the members of his family and close neighbours. 16. P.W.1 adm..Category: Criminal Law | Date: | Hits: 148
Shewe Hla Prue TK Vs. Commissioner, Chittagong Division, Chittagong and others, 1992, 21 CLC (HCD)
....ithout lawful authority and to be of no legal effect. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 539.......iginal Jurisdiction) Present: AKM Sadeque J Mainur Reza Chowdhury J Shewe Hla Prue TK………………Petitioner Vs. Commissioner, Chittagong Division, Chittagong and others………………Respondents Judgment May 4, 1992. Result: The ......s neither served with any show cause notice as to his fault for his forced retirement from headmanship nor he was given chance of being heard as to any allegation against him. He was therefore denied natural justice. It is also submitted that the order of the forced retirement was made in violation ..Category: Others | Date: | Hits: 171
Chairman, Chittagong Port AuthoÂrity, Chittagong Vs. Kalipada Dey & others, 1986, 15 CLC (HCD)
....t, the Rule is made absolute without any order as to costs and the impuÂgned order is set aside. Mohammed Abdur Rouf J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 39. ......s Referred to- Bangladesh Fishermen’s Cooperative Society Ltd. Vs. The Chairman, Labour Court, Chittagong, 27 DLR (1975) 367; Khulna Tobacco Industries Limited Vs. Chairman, Labour Court, Khulna and another, 29 DLR (1977) 148; Manager, Sonali Jute Mills Ltd. Vs. Secretary, Sonali Jute Mills Wor......e held that in the abÂsence of any procedure being provided the Labour Court was left with its discretion to follow the procedure which it finds expeÂdient for maintaining and securing the rules of natural justice. A Labour Court has to decide an application under section 34 of I.R.O. submitted by..Category: Labour and Industrial Law | Date: | Hits: 204
....py of this judgment and order be communicated to the learned Senior Assistant Judge, Barguna for his information and necessary action.
Ed.
This Case is also Reported in: 55 DLR (HCD) (2003) 542.......nt:
AKM Shafiuddin J
Principal, Barguna Darul Ulum Nesaria Alia Madrasha……………………….Petitioner
Vs.
Secretary, Ministry of Health, represented by the Civil Surgeon Barguna and others……………………………………………………Opposite Parties
Judgment
......ther the Ministry of Health can maintain a suit against the Government." A legal action involves determination of rights and obligations of the parties thereto. In law only a juristic person, whether natural or artificial, is capable of having a right and an obligation. It, therefore, follows that o..
Category: Procedural Law | Date: | Hits: 146
Dr. Md. Rahmat Ali Vs. State, 2011, 40 CLC (HCD)
....ess of claiming bribe and receivÂing a sum of money from the informant. In the presÂent case it appears that the factum of recovery has not been proved beyond reasonable doubt by any independent or disinterested witness. When factum of recovery has not been proved by independent and disinterested ......or the State. Criminal Revision No.1062 of 2007. Judgment Salma Masud Chowdhury J.- This Rule was issued calling upon the Deputy Commissioner, Dinajpur, to show cause as to why the judgment and order Dated 12-8-2007 passed by the learned Special Sessions Judge, Dinajpur in Criminal Appeal ......er is discharged from his bail bond. Send down the lower Courts record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 452. ..Category: Criminal Law | Date: | Hits: 87
Nurul Huda Vs. Bahar Uddin & others, 1989, 18 CLC (HCD)
....of the Code in the then East Pakistan Act No. XXXVI of 1957, noted above, may take appropriate steps in the matter, if it so desires. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 395. ......h 22, 1989. Result: The Rule is made absolute. Cases Referred to- Md. Mustafa Mondal Vs. The State, 35 DLR 362; Nazir Ahmed & others Vs. Yonus Miah & others, 36 DLR 93; Abu Taher and others Vs. Mst. Razia BeÂgum, 37 DLR 18; 36 DLR 93; Abdul Latif & others Vs. Nurjahan Begum......nsiderable force in this argument, but we are not carried away by this argument. We hold that the AsÂsistant Sessions Judges deemed to have been apÂpointed as Additional Sessions Judges have died a natural death after the trial was over and we cannot read Additional Sessions Judge wherever the wor..Category: Criminal Law | Date: | Hits: 158
....olved in all the writ petitions, these are heard together and being disposed by same judgment which will govern all the writ petitions.
Ed.
This Case is also Reported in: 51 DLR (1999) (HCD) 376.......
Ed.
This Case is also Reported in: 51 DLR (1999) (HCD) 376.......992 instead of following Rules 37 and 38 of the said Employees Service Rules 1992 for formal action under Rule 34 giving chance of hearing through service of show cause notices under the principle of natural justice. Since authority did not proceed take action against the employees as per above spec..
Category: Employment/Service Law | Date: | Hits: 160
Bangladesh General Insurance Co. Ltd. Vs. Chalna Marine Products Co. Ltd., 1999, 28 CLC (HCD)
....sult, the FA No.129 of 1995 is dismissed without any order as to costs. Send down the lower Court records of both the suits at once. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 357....... is dismissed. Cases Referred to- Cox’s Vs. Employers’ Liability Assurance Corporation, Limited (1915 C. 2884), Law Reports, 1916, King’s Bench Division, Vol. II page 629; Borada Spinning and Weaving Co Ltd. Vs. Satyanarayan-Marine and Fire insurance Co Ltd., AIR 1914 Bombay 225; Girdhar......teorological Ground Station of Sparrso which receives satellite data regularly from the US satellites NOAA 10 and 11 (twice daily from each) and the Japanese GMS-3 (every three hourly) for monitoring natural hazards in the region especially in Bangladesh. As observed from the satellite imagery the c..Category: Business or Commercial Law | Date: | Hits: 525
Humayun Matubbar Vs. State, 1998, 27 CLC (HCD)
....fine of Taka 10,000.00 is altered to a sentence of Taka 3,000.00 in default to suffer Rigorous Imprisonment for 3(three) months more. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 433. ...... Assistant Attorney-General — For the State. Criminal Appeal No.431 of 1993. Judgment Mohammad Gholam Rabbani J.- Aleya Begum (P.W.1) came to the local Police Station on 11-6-91 at 2-15 PM and lodged the FIR stating that an ox owned by Maniruddin Matabbar entered into the jute field of he...... sharp pointed weapon and another caused by blunt weapon. However, we find that the injuries inflicted by Humayun was not directly seen by the witnesses and this situation appears to us as normal and natural. Humayun was convicted and sentenced on the basis of the dying declaration of Sadek Molla re..Category: Criminal Law | Date: | Hits: 108
Abu Bakar Sikder Vs. Monowara Begum (Mst.), 1989, 18 CLC (HCD)
....do not find any substance in the appeal and the same is dismissed with cost. The judgment and decree of the Court below are affirmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 403. ......¦â€¦Appellant Vs. Monowara Begum (Mst.)........................Respondent Judgment March 28, 1989. Result: The appeal is dismissed Cases Referred to- Miaruddin Bhuiyah alias Chand Mia Vs. Saleh Meher Bibi and others 11 DLR 445; Shamshad Ali Shah and others Vs. Syed Hassan Sha......the heirs of Abdur Rahman Sikder, used to live in the same house at Fakirbari, Barisal town. If all the wives, children and other members of the family lived in the same house, it is quite normal and natural that the inmates including near and dear ones should know about the ailment of Abdur Rahman ..Category: Property Law | Date: | Hits: 152
Almasuddin & another Vs. A. Wadud Khan & others, 1989, 18 CLC (HCD)
....s, title and interest of the plainÂtiff-opposite party Nos.1 and 2 in the suit premises will be determined by the result of Title Suit No.910 of 1979, the plaintiff-opposite party Nos.1 and 2 became disinterested in Title Suit No.2234 of 1979 and allowed the said suit to be dismissed for default on...... Vs. A. Wadud Khan & others…………………………..Opposite Parties Judgment August 6, 1989. Result: The Rule is made absolute. Case Referred to- Abdur Rahman Miji and another Vs. Abdul Wadud Mia and another, 2 PLR 287. Lawyers Involved: A. Wadud Khan & ......mpugned order of the learned Munsif cannot be sustained. In the result, the Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 391...Category: Procedural Law | Date: | Hits: 107
Saju Hosein Vs. Press Appellate Board and others, 2011, 40 CLC (HCD)
.... For the reasons assigned above, the Rule is destined to founder, wherefor the same is discharged. There is no order on cost. Jahangir Hossain J.- I agree. Ed. This Case is also Reported in: ......n……………………Petitioner Vs. Press Appellate Board, represented by it’s Chairman, Mr. Justice B.K. Das, Bangladesh Press Council of House No.40, Topkhana Road, Segun Bagicha, Dhaka and others…………………Respondents Judgment November 23, 2011. Result: The Rule......iled to consider that there cannot be an auto cancellation of Declaration for a newspaper. Mr. Oli Ahad was never served with any show cause notice by the government which is the basic requirement of natural justice. (vii) The Board, for reasons best known to it, failed to consider the fact that ..Category: Others | Date: | Hits: 171
Helal Uddin (Md.) Vs. Government of People's Republic of Bangladesh and others, 2003, 32 CLC (HCD)
.... April, 2000. The 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: 55 DLR (HCD) (2003) 506. ......elal Uddin (Md.).........................................................Petitioner Vs. Government of People's Republic of Bangladesh, represented by the Secretary of the Ministry of Education, and others………………………………………..Respondents Judgment April 28, 2003. ......istant Professor for twenty–three months the respondents were not authorised either to demote or reduce him in rank or pay without notice or proceeding, which is clear violation of the principle of natural justice. 6. Opposing the Rule, respondent No.4, Acting Principal of the College has file..Category: Employment/Service Law | Date: | Hits: 147
Abdul Majid Vs. State, 2003, 32 CLC (HCD)
....ugned judgment and order of conviction and sentence dated 8‑8‑2000 by court below are accordingly upheld. Records be sent down. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 486.......neral with Md. Iqbal Kabir, Assistant Attorney-General—For the Respondent. Criminal Appeal No.2432 of 2000. Judgment Salma Masud Choudhury J.—This appeal is directed against the judgment and order of conviction and sentence dated 8‑8‑2000 by the Sessions Judge, Nilphamari in Session......Shefali she as married wife of accused appellant Abdul Majid had been in the house and custody of the appellant. If the victim be untraceable from the house and custody of the appellant, her husband, natural and usual obligation will lie upon the husband to explain what has happened to the wife, or ..Category: Criminal Law | Date: | Hits: 112
Abul Kashem & anothÂer Vs. State, 1990, 19 CLC (HCD)
....act that deÂfence declined to cross-examine the said witness. He further submitted that recovery of the rickshaw van in question from the possession of the accused has been proved by independent and disinterested witnessÂes P.W.22, 23 and 24 before whom the accused also made extra-judicial confess......ida Begum Vs. the State, PLD 1978 SC (AJ & K) 102; State Vs. Badiuzzaman, 25 DLR Dhaka 41; Palka Narayan Swami Vs. Emperor AIR 1939 (PC) 47; Ratan Kha Vs. The State 40 DLR 186; State Vs. Lalu Mia and anÂother, 39 DLR (AD) 117=1987 BLD (AD) 212; Srikantia Vs. State of Mysore AIR 1958 (SC) 672; B...... away KhaÂlil with the van, submitted that both P.W.12 and P.W.13 are eye-witnesses and though they are of tender age they gave intelligent answers to the questions put to them and they are the most natural witnesses and there is nothing in their cross-examination to discredÂit them or to show tha..Category: Criminal Law | Date: | Hits: 147
Rahmatullah (Md.) Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)
...., we answer the question in the affirmative and against the assessee and in favour of the Revenue. There will be no order as to costs. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 483.........Applicant Vs. Commissioner of Taxes ...................................Respondent Judgment October 20, 2000. Result: The Application is not allowed. Cases Referred to- Dulichand Omprakash Textile Company Vs. The Commissioner of Taxes WB III; CIT Vs. Durgaprasad More (1971) ......her submits that in the instant case the DCT without affording ample opportunity to defend to the assessee has passed the impugned order in question and thus the same is violative of the principle of natural justice. Mr. Bhuiyan further contends that since six of the creditors appeared before the DC..Category: Fiscal/Taxation Law | Date: | Hits: 200
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