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State Vs. Kajal Ahmed Jalali, 2007, 36 CLC (HCD)
....e of giving testimony, and she said that Kajal Jalali's sister Hosna Jalali was their neighbour at the village Rupashdi. She said that victim Shujan used to reside in Japan. She further said that the facts relating to the occurrence were heard from Deen Mohammad and she could not say about the conte......€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦..Petitioner Vs. Kajal Ahmed Jalali (absconding)…………….Condemned-Accused Judgment March 5, 2007. Cases Referred To- Bangladesh (State) vs. Paran Chandra Baroi, 6 BCR (AD) 225. Sharad Birhichand Sarda vs. State of Maharashtra, AIR 1984 Supreme Cour......eased Shahjahan Howlader Shujan might have-been, killed by some other unidentified miscreants near the Suhrawardy Uddyan, opposite to Bangla Academy, when he was passing through the road. 12. The evidence recorded by the trial Court may preciously be discussed below. 13. PW 1 Hena Akhter is ..Category: Criminal Law | Date: | Hits: 109
Jakir Hossain Vs. Jel Vanu, 2005, 34 CLC (HCD)
....he courts below. 7. This Court notes at the outset the submission of the Learned Counsel for the petitioner, Md. Muzibur Rahman that keeping in view the necessity to consider in their entirety the facts and evidence as were before the courts below, the essential starting point must be the fact of......es Referred To- Dewan Mohammad Safare Ali vs. Bangladesh 43 DLR 221; Gangamoyi Debi vs. Troiluckhya Nath Chowdhury 33 IA 60 at 65; Abani Mohan Saha vs. Assistant Custodian (SDO) Vested Property, Chandpur 39 DLR (AD) 223; Kiron Chandra Das vs. Sirajul Hoque Patwari 34 DLR 225; Saheda Khatun vs. Sh......nafter referred to as the 'Code'). In this regard, the defendant No. 1, petitioner submits that the lower appellate Court lost sight of the fact that the Kabala in question is registered as proven by evidence adduced in the form of statements given by competent and reliable witnesses, and instead co..Category: Property Law | Date: | Hits: 32
Bonlac Foods Ltd. Vs. Unilac Sanowara (BD) Ltd. & another, 2005, 34 CLC (HCD)
....ty for costs may be returned to the learned Advocate appearing on behalf of the petitioner. There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 332. ......ndustries Ltd 4 BLC (AD) 229 . Lawyers involved: Dr. M Zahir, Senior Advocate with Ziaul Hasan, Advocates—For the Petitioner. Rafique-ul Huq, Senior Advocate with Kamal-ul Alam and Md. Tosadeque Hossain, Advocates—For the Opposite Parties. Trade Mark Application No. 9......lass of milk with a ribbon around it. It was further pointed out by the learned Advocate that Bonlac's claim to have used the tradeÂmark 'Diploma' in other parts of the world is not borne out by the evidence submitted by the petitioner, which shows that the trademark 'Diploma' was registered in Sau..Category: Intellectual Property Law | Date: | Hits: 199
Mobarak Hossain alias Jewel Vs. State, 2000, 29 CLC (HCD)
....ified copy of statement of co-accused under section 164 CrPC this Rule was obtained by the accused-petitioner upon an application under sections 439/435 of the Code of Criminal Procedure. 2. Short facts leading to the Rule are, that an inspector of police lodged a first information report against......e Code of Criminal Procedure. 2. Short facts leading to the Rule are, that an inspector of police lodged a first information report against one Subrata Kumar Saha for counterfeiting currency notes and possessing the same and so a case was started against him under sections 25A(a) & (b) of the......e. We therefore find that the Rule merits no consideration and, as such, it should be discharged. In the result, the Rule is discharged. Ed. This Case is also Reported in: 54 DLR (2002) 135. ..Category: Criminal Law | Date: | Hits: 25
N Mohd Engineering Industries Ltd. Vs. Commissioner of Taxes, 1999, 28 CLC (HCD)
....es (Appeal) maintained the order of the DCT on the ground of past record as well. On a reading of the impugned order it also appears that the Taxes Appellate Tribunal did not apply their minds to the facts and circumstances of the case and mechanically confirmed the order of the Commissioner of Taxe......e—For Applicant. Dabiruddin Ahmed, Deputy Attorney-General For the Respondent. Reference Application No. 52 of 1995. Judgment Syed Amirul Islam J.- This reference arises out of judgment and order dated 29-5-94 passed by the Taxes Appellate Tribunal, Chittagong Bench, Bangladesh in ITA ......ok version of the assessee applicant on loss of Taka 62,97,836 on the ground that the receipts shown are not verifiable for want of supporting documents without specifically pin pointing what kind of evidence or what kind of defect are in the books of accounts and thus the DCT resorted to estimate r..Category: Fiscal/Taxation Law | Date: | Hits: 72
Bhaskar Chakraborty Vs. State, 2006, 35 CLC (HCD)
....r being admittedly agent under the informant company, Lever Brothers Bangladesh Limited, cannot rely upon the principle as laid down in the said case which has distinguishing feature, apparent on the facts of the case. 6. The pertinent question as has been raised in this proceeding is, that w......d in GR Case No. 3452 of 2000, pending before the Chief Metropolitan Magistrate, Dhaka, obtained this Rule under section 561A of the Code of Criminal Procedure, on 18-2-2001, challenging the legality and propriety of the entire proceeding, as aforesaid, and the Deputy Commissioner, Dhaka, has been c...... accused petitioner is directed to appear before the trial Court to face trial. Let a copy of the judgment be sent down at once. Ed. This Case is also Reported in: 59 DLR (2007) 325. ..Category: Criminal Law | Date: | Hits: 81
Noor Alam Hossain Vs. State and others, 2006, 35 CLC (HCD)
....he Code of Criminal Procedure failed to avail the provision of appeal available under the provision of section 476B. We are in humble agreement with their Lordships on the point as decided. Under the facts and circumstances of the case we do not find any merit in this Rule which is liable to be disc...... High Court Division (Criminal Revisional Jurisdiction) Present: AFM Abdur Rahman J Noor Alam Hossain……………………Accused-Petitioner Vs. State and others……………………….Opposite Parties Judgment June 25, 2006. ......1983 had no existence on 19-8-1990 so as to debar the Assistant Judge, Sadar in lodging any compliant before the Magistrate against a forged document which has been submitted in a civil proceeding as evidence in order to defraud the court and which has been adjudicated as forged document. 7. ..Category: Criminal Law | Date: | Hits: 40
Naimuddin and another Vs. State, 2007, 36 CLC (HCD)
.... appeal is dismissed. The impugned judgment and order of conviction is hereby affirmed. Send down the LC records at once. Ed. This Case is also Reported in: 59 DLR (2007) 314. ...... 59 DLR (2007) 314. ......om the possession and custody of the convicted-appellants and whether prosecution has been able to establish the charge against the appellant beyond shadow of doubt. 6. On consideration of the evidence and materials on record, the learned Judge of the Special Tribunal convicted and sentenced ..Category: Criminal Law | Date: | Hits: 84
AKM Shamsuddin Vs. Secretary, Ministry of Establishment and others, 2007, 36 CLC (HCD)
....out to the petitioner should not be deemed as punishment under the garb of termination and why such humiliation and mental torture be not treated as degrading treatment in the eye of law. 2. Short facts leading to this Rule are, that the petitioner joined in Bangladesh Police Service in 1973 as a......M Khairul Haque J SM Ziaul Karim J AKM Shamsuddin…………………………………………………………………………..Petitioner Vs. Secretary, Ministry of Establishment and others………………………..Respondents Judgment April 26, 2007. Cases Referred ......ny merit in this Rule. In the result the Rule is discharged without any order as to cost. Communicate the order at once. Ed. This Case is also Reported in: 59 DLR (2007) 312. ..Category: Employment/Service Law | Date: | Hits: 76
Eskayef Bangladesh Ltd. Vs. Commissioner of Taxes, 2004, 33 CLC (HCD)
....der dated 6-12-1999 passed by the Taxes Appellate Tribunal, Division Bench No. 3, Dhaka in Income Tax Appeal No. 558 of 1998-99 (assessment year 1993-94), allowing the appeal in part. 2. Short facts necessary for the disposal of the reference application are as follows : 3. The assesse......€¦â€¦â€¦â€¦â€¦â€¦..Applicant Vs. Commissioner of Taxes…………………….Respondent Judgment April 27, 2004. Cases Referred To- Titas Gas Transmissions and Distribution Co Ltd. vs. Commissioner of Taxes 2000 BTD 27 = 53 DLR 209; Sagorika and Co. (Pvt.)......and against the Department but other costs mentioned in the said question are answered in the affirmative. No order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 308. ..Category: Fiscal/Taxation Law | Date: | Hits: 64
Monwar Mallik Vs. State, 2007, 36 CLC (HCD)
....nstigation of Sador Ali, the uncle (Fufa) of the victim, with whom the accused person had dispute over some landed property. 10.Thereafter in consideration of the evidence on record as well as the facts and circumstances of the case, the learned Judge, Nari-o-Shishu Nirjatan Daman Tribunal found ......l 22, 2007. Cases Referred To- State vs. Mofazzal Hossain Pramanik 43 DLR (AD) 64A, 1996 CriLJ 3225(3228)(DB)(Guj); 1952 CriLJ 1136 (DB); Hari Majhi vs. State CriLJ (1990) 650; 1998 CriLR (SC) and MP 317(319(MP); Mazharul alias Bhulan vs. State 10 BLC 209; Tariq Habibullah vs. State 43 DLR 44...... of the examination of the prosecution witnesses, the accused person was examined under section 342 of the Code of Criminal Procedure to which he pleaded his innocence. The defence did not adduce any evidence on his behalf. 9. The defence case, as could be gathered from the trend of cross examina..Category: Criminal Law | Date: | Hits: 38
.... a Division Bench of the High Court Division in Writ Petition Nos. 2111, 2149, 2165, 2183, 2249, 2250, 2251, 2252, 2254, 2255, 2256, 2258, 2259, 2260 and 2261 of 1993 discharging the Rules.
2. The facts involved in the cases, in short, are that 0.59 acres of land of Mouza Hariharpara under Police...... BLC (AD) (2010) 210, 16 MLR (AD) (2011) 447....... in Court that the sale figure of 103 sale deeds which were collected from the office of the Sub-Registrar signed by the Sub-Registrar and said statement of the sale figures having been admitted into evidence without any objection and having been marked as Exhibit 'Ka' and no suggestion having been ..
Category: Property Law | Date: | Hits: 37
Titas Gas Transmission and Distribution Co. Ltd. Vs. Shams Company and others, 2001, 30 CLC (HCD)
....unity of hearing to both parties and as soon as within six months, from the date of receipt of the records. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (2002) 128....... at once. Ed. This Case is also Reported in: 54 DLR (2002) 128.......unity of hearing to both parties and as soon as within six months, from the date of receipt of the records. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (2002) 128...Category: Property Law | Date: | Hits: 31
Eastern Hardware Store Vs. Commissioner of Taxes, 1999, 28 CLC (HCD)
....d—the Respondent. Application No. 41 of 1994. Judgment Syed Amirul Islam J.- In this reference the applicant raised the following questions for answer by this Court: (1) Whether, in the facts and on the circumstances of the case, the Assistant Commissioner of Taxes was justified to res......e Respondent. Application No. 41 of 1994. Judgment Syed Amirul Islam J.- In this reference the applicant raised the following questions for answer by this Court: (1) Whether, in the facts and on the circumstances of the case, the Assistant Commissioner of Taxes was justified to resort to......reported in 83 ITR 223 and 448 and 24 ITR 362 in support of his contention wherein it has been held that the assessee may raise a point of law before the Tribunal for the first time provided no fresh evidence is required to decide the issue. It appears from Annexure ‘A’ the income tax return of ..Category: Fiscal/Taxation Law | Date: | Hits: 65
Mainuddin Vs. State, 2010, 39 CLC (AD)
....ent and order dated 22nd November, 2009 passed by a Division Bench of the High Court Division in Criminal Revision No.368 of 2009 discharging the rule. 2. The petition arises out of the following facts. One Md. Sukur Ali lodged a First Information Report (F.I.R.) with the Doulatpur Police Statio......im CJ Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Mainuddin………………………………….Petitioner Vs. The State and another………………..Respondents Judgment August 5, 2010. Lawyers Involved: Ab...... High Court Division upon a superficial consideration of the materials on record maintained the impugned order. He lastly submits that the material on record will prove that there is totally no legal evidence in support of the charge against the petitioner and as such, the learned Judges of the High..Category: Criminal Law | Date: | Hits: 24
Md. Jamal Uddin Vs. Dr. ABM Morshed Alam, 2010, 39 CLC (AD)
....blic of Bangladesh is directed against the judgment and order dated the 18th day of May, 2009 passed by the High Court Division in Criminal Misc. Case No.1576 of 2008 discharging the Rule. 2. The facts involved in the case, in short, are that the accused, Jamal Uddin for his business purpose on ......vocate instructed by Md. Zahirul Islam, Advocate-on- Record- For Respondent No.1. Not represented- Respondent No. 2. Criminal Petition for Leave to Appeal No. 354 of 2009. (From the judgment and order dated the 18th day of May, 2009 passed by the High Court Division in Criminal Misc. Case N......r books is dispensed with as prayed for. The order of stay granted earlier by this Court shall continue till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 1016. ..Category: Criminal Law | Date: | Hits: 39
Abu Taher and others Vs. State, 2009, 38 CLC (AD)
..../149 of the Penal Code sentencing them to suffer imprisonment for life and to pay a fine of TK.3000.00(three thousand) each in default to suffer rigorous imprisonment for 1(one) year more. 2. The facts involved in the case, in short, are that Md. Sayed Ali, informant, lodged FIR on 17.07.1994 st......Division (Criminal) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Abu Taher and others………………..Petitioner Vs. The State………………………………….......on 12.05.1996 against the accused under Section 302/34 of the Penal Code. 4. The prosecution adduced as many as 17 witnesses in support of its case and defence examined none. After closing of the evidence the accused were examined under Section 342 of the Code of Criminal Procedure when they aga..Category: Criminal Law | Date: | Hits: 31
Mrs. Rokeya Begum Vs. Chartered Credit and Co-operative Limited, 2010, 39 CLC (AD)
....Bangladesh is directed against the judgment and order dated the 2nd day of June, 2009 passed by the High Court Division in Criminal Miscellaneous Case No.1709 of 2008 discharging the Rule. 2. The facts involved in the case, in short, are that the complainant is an organization registered under t......esent: Mohammad Fazlul Karim J Md. Abdul Matin J Md. Muzammel Hossain J Surendra Kumar Sinha J Mrs. Rokeya Begum……………………………..Petitioner Vs. Chartered Credit and Co-operative Limited….......Respondent. Judgment February 3, 2010. Result: Leave i......dated 02.06.2009 passed by the High Court Division in Criminal Miscellaneous Case No.1709 of 2008 is stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 1011. ..Category: Criminal Law | Date: | Hits: 45
Md. Khayruddin Vs. State, 2009, 38 CLC (AD)
....nt and Order dated 13.04.2009, passed by the High Court Division in Criminal Appeal No. 351 of 2005, affirming the conviction of the petitioner under Section 19A and 19(f) of the Arms Act. 2. The facts leading to the filing of this petition are that while the informant, a Sub-inspector of Police......Senior Advocate, instructed by Md. Abu Abu Siddique, Advocate-on-Record- For the Petitioner. Not represented- the Respondent. Petition for Leave to Appeal No. 229 of 2009 (From the Judgment and order dated 13.04.2009 passed by the High Court Division in Criminal Appeal No. 351 of 2005) ...... and Orders passed by the High Court Division and the Trial Court. 5. The submissions of the learned Advocate have got substance, as such, leave is granted on the following point: Whether the evidence of PW.6 and P.W. 7 proves the allegation of recovery of arms from the petitioner. Prepar..Category: Criminal Law | Date: | Hits: 41
Md. Abul Kasem Vs. Government of Bangladesh, 2010, 39 CLC (AD)
....ord arrived at a correct decision. We, therefore, find no merit in the contention of the learned Advocate-on-Record. The petition is accordingly dismissed. Ed. This Case is also Reported in: ......Md. Muzammel Hossain J Surendra Kumar Sinha J Md. Abul Kasem………………………………Petitioner Vs. Government of Bangladesh, represented by the Deputy Commissioner, Mymensingh and others………………Respondents Judgment August 1, 2010. Lawyers Involved: Md. ......-landlords vested in the Government, and accordingly it was recorded in the khas Khatian of the Government and that the Kabuliyats were forged documents. 4. The Trial Court on consideration of the evidence on record dismissed the suit by its judgment and decree dated 2nd January, 2001. Being aggr..Category: Property Law | Date: | Hits: 27
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