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Mobarak Hossain alias Jewel Vs. State, 2000, 29 CLC (HCD)
....ccused petitioner being an accused in the case has a right to inspect the statements and is therefore entitled to get certified copies of the same. Lastly, he submits that though there is no specific provision in the Code, but under section 548 of the Code an accused is entitled to obtain copies of ......ave a copy of any order or deposition or other part of the record he shall, on applying for such copy, be furnished therewith……………………..” 16. Upon a plain reading of the aforesaid law, it is clear that it has made a provision giving right to any person “affected by any judgment..Category: Criminal Law | Date: | Hits: 25
N Mohd Engineering Industries Ltd. Vs. Commissioner of Taxes, 1999, 28 CLC (HCD)
.... as formulated in paragraph No. 7 of the application in the negative and in favour of the assessee. The parties will bear their own costs. Ed. This Case is also Reported in: 54 DLR (2002) 132.......ported in (1944) XII ITR 393. The learned Advocate further submits that in estimating the gross profit there must be a basis. The learned Advocate finally submits that the Appellate Tribunal erred in law in maintaining estimate of receipts and gross profits without finding out that Books of Accounts..Category: Fiscal/Taxation Law | Date: | Hits: 72
Bhaskar Chakraborty Vs. State, 2006, 35 CLC (HCD)
....poses of the direction of any legal contract expressed or implied then the offence of criminal breach of trust is committed, which, if committed by agent, etc. will be liable for punishment under the provision of section 409 of the Penal Code which runs as follows: Penal Code: "Section......by the agent not arising out of business transaction as decided by their Lordships in that case. 13. There is also another side of the point. Admittedly the accused petitioner has not paid the lawful dues of his principal against which the accused petitioner has taken a stand that the princip..Category: Criminal Law | Date: | Hits: 81
Noor Alam Hossain Vs. State and others, 2006, 35 CLC (HCD)
....y the learned District Judge, and while the Title Suit No. 285 of 1983 was pending in pursuance of the order passed in Miscellaneous Appeal No. 9 of 1990 the learned Assistant Judge embarked upon the provision of section 476 of the Code of Criminal Procedure and lodged the aforesaid complaint case......the accused petitioners under sections 463/465/471 of the Penal Code in pursuance of an application filed by defendant under section 476 of the Code of Criminal Procedure is not permitted under the law and, as such, the proceeding is an abuse of the process of the Court. 6. On the above fac..Category: Criminal Law | Date: | Hits: 40
Naimuddin and another Vs. State, 2007, 36 CLC (HCD)
....dated 5-6-97 is a matter of record and this fact has not been challenged by the defence. As such, Courts shall presume the correctness of the record until the contrary is established according to the provision of section 80 of the Evidence Act. We also hold that the learned Tribunal has correctly fo......n the FIR there is no incriminating material to connect them with the collection of the victims men, women and child from different places and taking them to Hilli border for exporting to India for unlawful and immoral purpose under allurement to give them job and business. 20. The learned Ad..Category: Criminal Law | Date: | Hits: 84
AKM Shamsuddin Vs. Secretary, Ministry of Establishment and others, 2007, 36 CLC (HCD)
....r retirement from the post of DIG Police), was employed further in the same post on 11-3-2001, on a contract basis for a period of one year, effective from 25-2-2001 to 24-2-2002 (Annexure-A) as per provisions laid down in section 5(3) of the Public Servants (Retirement) Act, 1974 i.e. Act XII of 1....../Neog-1/2000/440 dated July 25, 2001 (Annexure-B) issued by the respondent No. 3, Joint Secretary (Police), Ministry of Home Affairs, Police Section-1.should not be declared to have been made without lawful authority and is of no legal effect and the respondents are also asked to show cause as to wh..Category: Employment/Service Law | Date: | Hits: 76
Eskayef Bangladesh Ltd. Vs. Commissioner of Taxes, 2004, 33 CLC (HCD)
....ompany should have been accepted. The DCT, the CT (Appeals) and the Tribunal failed to consider that the account of the assessee has been duly audited by a Chartered Accountant in compliance with the provisions of section 35 of the Ordinance 1984 and duly certified the accounts are true and correct.......f affairs of the company, both the DCT and the Appellate Tribunal acted illegally in not accepting the same as a whole. Mr. Altaf Hossain lastly submits that the Appellate Tribunal committed error of law in not allowing the entire amount of perquisites paid to the employees of the company, and, as s..Category: Fiscal/Taxation Law | Date: | Hits: 64
Monwar Mallik Vs. State, 2007, 36 CLC (HCD)
....o-Shishu Nirjatan Daman Ain, 2000 against the appellant beyond any reasonable doubt. It is further stated that the learned trial Court failed to appreciate the defence case and failed to follow the provision of section 367 of the Code of Criminal Procedure in writing the judgment and that in view ......ailed to corroborate each other on material particulars. He further submits that the judgment and order dated 23-4-2003 passed by the learned Judge, Nari-o-Shishu Nirjatan Daman Adalat is bad both in law and fact that the learned trial Court failed to appreciate the inherent falsehood, absurdity and..Category: Criminal Law | Date: | Hits: 38
....pensation.
8. Leave was granted to consider the submissions of the learned Counsel that "The Deputy Commissioner having calculated the market value of the land in question in accordance with the provision of Section 8 of Acquisition and Requisition of Immovable Property Ordinance, 1982 read w......ubstance in the submission of the learned Counsel for the appellant.
Accordingly, the appeals are dismissed.
Ed.
This Case is also Reported in: 15 BLC (AD) (2010) 210, 16 MLR (AD) (2011) 447...
Category: Property Law | Date: | Hits: 37
Aminul Haque Shamim (Md) Vs. Government of the People's Republic of Bangladesh, 2003, 32 CLC (HCD)
....of law. (4) The decision of the Council under sub‑section (1) or sub‑section (2), as the case may be, shall be final and shall not be questioned in any Court of law. 4. In view of the clear provisions in the Press Council Act 1974 we are of the view that the prayer made by the petitioner f......agency, editor or journalist. (3) Nothing in sub‑section (1) shall be deemed to empower the Council to hold an inquiry into any matter in respect of which any proceeding is pending in a court of law. (4) The decision of the Council under sub‑section (1) or sub‑section (2), as the case ma..Category: Constitutional Law | Date: | Hits: 213
Titas Gas Transmission and Distribution Co. Ltd. Vs. Shams Company and others, 2001, 30 CLC (HCD)
....ff in the suit land; b. declaring the use and occupation of the suit land by defendant No. 1 is illegal, unauthorised and malafide. c. defendant No. 1 is not entitled to own the suit land under provisions of the Acquisition and Requisition of Immovable Property Act, 1982 until it has restored ...... legally ethically entitled to encash the Guarantee No. 14/01 dated 30-3-1985 issued by the I defendant No. 7, the Manager, Rupali Bank, Brahmanbaria Branch, Brahmanbaria until it pays the proper and lawful value with compensation and interest for its illegal use and occupation of the suit land till..Category: Property Law | Date: | Hits: 31
Eastern Hardware Store Vs. Commissioner of Taxes, 1999, 28 CLC (HCD)
....n favour of the applicant. Accordingly, the questions raised in the reference are answered as above. There will be no order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 125. ......purchased Defence Saving Certificate of Taka 20,000 and paid Life Insurance Premium of Taka 5,000 and these expenditures are deductible expenses but the Appellate Tribunal taking an erroneous view of law that as the same issue was not agitated before the Appellate Additional Commissioner of Taxes it..Category: Fiscal/Taxation Law | Date: | Hits: 65
Mainuddin Vs. State, 2010, 39 CLC (AD)
....in maintaining the impugned order. The submissions of the learned Counsel merit no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 259......nikgonj, who after hearing both the parties allowed the revision and set aside the order of the Magistrate directing further investigation and directed the Magistrate to take steps in accordance with law. The learned Magistrate thereupon examined the complainant, held an enquiry under section 202 of..Category: Criminal Law | Date: | Hits: 24
Abu Taher and others Vs. State, 2009, 38 CLC (AD)
....ned Counsel for the petitioners deserve consideration. Accordingly, leave is granted. The preparation of paper books is dispensed with as prayed for. Ed. This Case is also Reported in: ....... Mr. A. F. M. Meshabhauddin, learned Counsel, appearing for the petitioners submitted that the victim Rahima Khatun alias Rubi was allegedly killed by beating by the convict-petitioners forming an unlawful assembly standing at a distance of 50 yards from the house of her father but neither her part..Category: Criminal Law | Date: | Hits: 31
Mrs. Rokeya Begum Vs. Chartered Credit and Co-operative Limited, 2010, 39 CLC (AD)
.... within a 30 days from the cause of action the continuation of the proceeding regarding that section is an abuse of the process of the Court. The learned Counsel further submitted that in view of the provisions of Section 141 of the Act having provided that no Court shall take cognizance of the offe...... of amount of TK.54,83,300.00 and that the complainant deposited the cheque at chartered co-operative bank on 15.02.2006 for encashment but the same was referred being unpaid. The complainant through lawyer served notice on 26.02.2006 and 05.03.2006 to pay the money by 30 days and also issued notice..Category: Criminal Law | Date: | Hits: 45
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: ......er filed this civil petition for leave to appeal. 6. Mr. Md. Nawab Ali, the learned Advocate-on-Record for the petitioner submits that the learned Single Judge of the High Court Division erred in law in failing to consider that the plaintiffs' predecessor took settlement of the suit land from th..Category: Property Law | Date: | Hits: 27
Md. Abdul Khaleque and another Vs. Manik Chandra Sheel and others, 2010, 39 CLC (AD)
....of the above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is Reported in: 16 MLR (AD) 2011, 16. ...... of the witnesses of the defendants-witnesses examined at the time of trial of the suit and most illegally arbitrarily arrived at a wrong finding in decreeing the suit which is not all sustainable in law and as such, the same is liable to be set aside. 5. It appears that an alienation made by th..Category: Property Law | Date: | Hits: 29
Yunus Mia (Md) and others Vs. Bangladesh Krishi Bank & ors, 2001, 30 CLC (HCD)
....eld in law to be of their own. 9. Moreover, when the land was mortgaged to the bank, the execution Court has not committed any error in allowing the attachment to continue in view of the following provisions of rule 62 which reads, Section 62 “Where the Court is satisfied that the property i......d and advertised to sale. 4. The decree holder opposed the application saying the same was collusive and false. The application was also claimed to be barred by limitation, and not maintainable in law. The deeds were created. 5. The petitioners examined three witnesses and produced some docume..Category: Property Law | Date: | Hits: 27
.... petitioners submits that compliance of rule 9 sub-rules 1 and 2 and rule 33 of Bankruptcy Rules, 97 are condition precedent for filing a suit and sub-rule 1 rule 4 and Rule 33 being mandatory as per provisions of section 8(2) and 9(2) of the Act, for non-compliance of the same the Bankruptcy Case N......d sub-rule 1 rule 4 and Rule 33 being mandatory as per provisions of section 8(2) and 9(2) of the Act, for non-compliance of the same the Bankruptcy Case No. 2 of 1999 cannot be proceeded with as per law and same has been entertained without lawful authority and is of no legal effect. Section 28 of ..
Category: Banking Law | Date: | Hits: 127
Khan and Company Ltd. Vs. Presiding Judge of the District Court and others, 2000, 29 CLC (HCD)
.... passed without any lawful authority and are of no legal effect. The District Court is directed to dispose of all the aforesaid suits from the stage as were on 1-11-98 strictly in accordance with the provision of Order XXXVII CPC as quickly as possible. Send down the LC records at once. Ed. ......he District Court of Dhaka claiming money on bill of exchange under Order XXXVII CPC against the National Bank Ltd. Summons of the suits were served upon the said defendant-bank on 19-8-98. Under the law a defendant in such a suit is to obtain leave to appear and defend within 10 days from the servi..Category: Civil Law | Date: | Hits: 64
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