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Mohammad Ullah (Driver) Vs. State, 2007, 36 CLC (HCD)
....oned. The learned judge is directed to proceed with the appeal in accordance with law. Send down the lower Court records. Ed. This Case is also Reported in: 59 DLR (2007) 281. ......oned. The learned judge is directed to proceed with the appeal in accordance with law. Send down the lower Court records. Ed. This Case is also Reported in: 59 DLR (2007) 281. ......................Opposite Party Judgment January 24, 2007. Lawyers involved: Rajat Kanti Chakraborty, Advocate—For the Petitioner. Md. Monsur Rahman, Assistant Attorney-General-For the State. Criminal Revision No. 555 of 2006. Judgment Shari...... days in preferring Criminal Appeal No. 86 of 2005 pending before the learned Sessions Judge Munshiganj is condoned. The learned judge is directed to proceed with the appeal in accordance with law. Send down the lower Court records. Ed. This Case is also Reported in: 59 DLR (..Category: Criminal Law | Date: | Hits: 36
Mozam and others Vs. State, 2006, 35 CLC (HCD)
....ndependent evidence and as such, the same cannot be relied. According to him, the learned Judge of the trial Court evidently fell in an error in coming to his ultimate decision occasioning failure of justice. 10. Mr. Sheikh Rezaul Karim, the learned Assistant Attorney-General appearing on beh...... 10. Mr. Sheikh Rezaul Karim, the learned Assistant Attorney-General appearing on behalf of respondent, submits that Nari-o-Shishu Nirjatan Daman Bishesh Adalat is equivalent to Special Tribunal. So, according to him, the trial was held within the jurisdiction of Bishes Adalat. He adds that the vict......……………..Respondent Judgment March 16, 2006. Cases Referred To- Harun Sheik vs. State 1988 BLD 425; Momtaz Ahmed Khan vs. State 19 DLR (SC) 259; Saidur Rahman Neuton vs. State 45 DLR (AD) 66; Seraj Talukder vs. State 3 BLC 182 and Asiman Begum vs. State 51 DLR (......it 1 and the first information report marked as Exhibit 1. In cross-examination she stated that accused Mozam and Akam were her husband and debor respectively. Accused Khorshed was her local uncle-in-law. Accused Mazid and Alek were her neighbours. Prior to occurrence Kabil, elder brother of her hus..Category: Criminal Law | Date: | Hits: 82
....quashed.
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: 59 DLR (2007) 274.
......quashed.
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: 59 DLR (2007) 274.
......s Division & others ...........Respondents
Judgment
April 23, 2007.
Lawyers involved:
AKM Shafiuddin, Advocate—For the Petitioner.
Kazi Waliul Islam, Deputy Attorneys-General with Sathika Hossain, Assistant Attorney-General—For the Respondents.
Writ ...... source. The petitioner had never intended not to pay supplementary duty against the sales/supply of goods. The default might have happened due to ignorance of the new system by introduction of a new law of VAT. It already deposited a sum of Taka 54 lac pursuant to the notice and requested said resp..
Category: Fiscal/Taxation Law | Date: | Hits: 63
....le is hereby recalled and vacated.
There is no order as to costs.
Send down the lower Court record at once.
Ed.
This Case is also Reported in: 59 DLR (2007) 270, 26 BLD (HCD) (2006) 634.
......le is hereby recalled and vacated.
There is no order as to costs.
Send down the lower Court record at once.
Ed.
This Case is also Reported in: 59 DLR (2007) 270, 26 BLD (HCD) (2006) 634.
......tioners herein) filed Title Suit No. 105 of 1978 against the defendants for declaration of title in the suit land.
3. The case of the plaintiff, in short, is that the suit land originally belonged to Priya Mondal. During his possession, he died leaving 2 minor sons namely, Pagla Mondal and Lalit ......quire any title on the basis of the pattra. The learned Advocate for the petitioner referred the case of Laxmi Kanta Roy vs. Upazila Nirbahi Officer and others 46 DLR 136 and submitted that since the law on enemy property itself died with the repeal of Ordinance 1 of 1969 on 23-3-1974, no further ve..
Category: Property Law | Date: | Hits: 27
Surajmal Ram Prasad Vs. Commissioner of Taxes, 2007, 36 CLC (HCD)
.... the applicant for being barred by limitation and restoring the assessment order of the Deputy Commissioner of Taxes upon such technicality of limitation only, not merit. In the circumstances, justice demands both the appeals should be heard together and disposed of on merit. In the re...... support of the return. The Deputy Commissioner of Taxes however, under section 83(2) of the Ordinance estimated total income of the assessee for the assessment year in question at Taka 12,45,322 and accordingly, determined income tax to be paid. 3. Being aggrieved, the applicant presented an......s……………………………..Respondent Judgment April 18, 2007. Lawyers involved: Borhan Uddin, Advocate—For the Applicant. Md. Rezaul Islam, Assistant Attorney-General—For the Respondent. Reference Application Nos. 205, 210 of 2002. Jud......f the assessee and not on merit by its order dated 9-22002. 5. Against the order of the Taxes Appellate Tribunal, above two reference applications were made and following common questions of law referred to this Division for determination: (1) Whether, in the facts and circumstances ..Category: Fiscal/Taxation Law | Date: | Hits: 63
Puspak Kumar Roy and another Vs. Eldrin Khan and others, 2005, 34 CLC (HCD)
....overy of khas possession in their deposition the suit was not liable to be decreed. Both the Courts below have committed an error of law resulting in an error in the decision occasioning a failure of justice in decreeing the suit and also in maintaining the decree passed by the trial Court. I find m......d as being Exhibit Ka(l) and Kha(l). From Exhibit Ka(l) it appears that notice of the case being No. 187 of 1989 was duly served upon the plaintiff. Thereafter, they failed to adduce any evidence and accordingly, the Board being satisfied allowed that case in view of the Article 6 of the Ordinance. ......he learned Assistant Judge, Dakope, Khulna, in Title Suit No. 87 of 2000 decreeing the suit. 2. Short facts necessary for disposal of the Rule are, that admittedly the suit property belonged to Chandi Charan Roy who died leaving behind one son, the defendant No. 15 and a widow, the defendan......ক্রয়কে সাত বৎসর মেয়াদি খাইখালাশী বন্ধক হিসেবে ঘোষণা করিবে।" 14. From the above provisions of law it is clear that to get the aid of the Ain the land transferred must be within 1 acre and the va..Category: Property Law | Date: | Hits: 34
....ge to pass the impugned order of discharge based on inquiry report which was obtained behind the back of the petitioner. Thus, the procedure followed was totally violative of the principle of natural justice and the procedural safeguards provided for in the Regulation No. 861 of the Police Regulat......of the case are, that the petitioner after obtaining the graduation degree in 1997, applied for the post of Police Sergeant having been qualified in all tests. He was appointed as Police Sergeant and accordingly he joined at the KMP, Khulna on 9-3-2000. He took training at Sardah Police Training A......86; Nurul Islam vs. Bangladesh 33 DLR (AD) 201.
Lawyers involved:
Abdur Rab Chaudhury with Salauddin Dolon and Syeda Anwara Sattar, Advocates—For the Petitioner.
Fida M Kamal, Additional Attorney-General with Adilur Rahman Khan, Deputy Attorney-General with Abdus Samad Kamal, Assistant At......eclared to be ultra vires the Constitution and why the impugned order of discharge dated 14-2-2004 as in Annexure-F and all subsequent actions taken should not be declared to have been made without lawful authority and to be of no legal effect and why the respondents should not be directed to allo..
Category: Employment/Service Law | Date: | Hits: 67
Anwara Begum Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....nding upon no evidence or without considering any material evidence/facts causing prejudice to the complaining party or that it had acted mala fide or in violation of any of the principles of natural justice. Thus in our opinion the Court of Settlement appears to have approached this matter wrongly.......d Buildings as published in Ka list dated 28-4-1986 within 3(three) months from the date of receipt of this order. Ed. This Case is also Reported in: 59 DLR (2007) 251, 26 BLD (HCD) (2006) 123. ......s—For the Petitioner, Md. Badruddoza, Advocate—For Respondent No. 1. Petition No. 6137 of 2001. Judgment Tariq-ul-Hakim J.- This Rule Nisi has been issued calling upon the respondents to show cause as to why the impugned decision dated 24-10-2001 (Annexure-F to the Writ Petition) pas...... exclude House No. 29-A/A Second Colony/Mirpur), Dhaka (Kha 36) from the list of Abandoned Buildings as published in the Ka list dated 28-4-1986 should not be declared to have been passed without any lawful authority and is of no legal effect and or pass such other or further order or orders as to t..Category: Property Law | Date: | Hits: 40
Nazir Ahmed Vs. Md. Amin Mia and anothers, 2007, 36 CLC (HCD)
....Court as well as the appellate Court failed to appreciate the evidence on record and misconceived the sections of offence while convicting the appellant-petitioner and thereby caused miscarriage of justice. Both the trial Court as well as the appellate Court committed error of fact and law by conv......onship with the family members of informant and addressed the informant as Khaluzan. Being pleased with the behaviour of accused and his wife, the informant agreed to help the business of accused and accordingly, the informant gave cheques of Taka 38,00,000 to the accused on different dates and thos......esented —the State. Criminal Revision No. 351 of 2006. Judgment Md. Abdul Hye J.- This Rule under section 439 of the Code of Criminal Procedure was issued calling upon the opposite parties to show cause as to why the judgment and order dated 2-8-2005 passed by Metropolitan Additional Sess...... any ingredients of offence of criminal breach of trust attracting sections 406/420 of the Penal Code and it appears that the learned trial Court passed the moral conviction which is not warranted by law. Evidently, the trial Court as well as the appellate Court failed to appreciate the evidence o..Category: Criminal Law | Date: | Hits: 40
Syed Ziaul Hasan and others Vs. Bangladesh and others, 2006, 35 CLC (HCD)
....tity module (SIM) Card according to the price fixed i.e. Taka 1800. There will be no order as to costs. Ed This Case is also Reported in: 59 DLR (2007) 238, 26 BLD (HCD) (2006) 366. ......nance Bill 2005 was placed before the Parliament on 9-6-2005 and the Government is empowered to declare some sections of the Finance Bill to be effective from the day of placement of the Finance Bill according to the provision of section 3 of the Provisional Collection of Taxes Act, 1931. The petiti......adesh Telecom (Pvt) Ltd. vs. Bangladesh T & T Board 48 DLR (AD) 20 . Lawyers involved: Md. Idrisur Rahman with Shamsul Haque, Advocates—For the Petitioners. AJ Mohammad Ali, Attorney-General with Nahid Mahtab, Assistant Attorney-General—For Respondent No. 3. Rafique-u......he petitioners pursuant to the SRO No. 159-Ain/2005/450/ MUSAK dated 9-6-2005 issued by the respondent No. 4 so far as it relates to the petitioners should not be declared to have been issued without lawful authority and is of no legal effect and why the respondent No.6 should not be directed to sup..Category: Fiscal/Taxation Law | Date: | Hits: 131
Abdul Alim Vs. Biswajit Dey and another, 2007, 36 CLC (HCD)
....lt, this Rule is discharged. The order of stay granted earlier by this Court is vacated. Communicate this order at once. Ed. This Case is also Reported in: 59 DLR (2007) 236 . ......lt, this Rule is discharged. The order of stay granted earlier by this Court is vacated. Communicate this order at once. Ed. This Case is also Reported in: 59 DLR (2007) 236 . ......se No. 984 of 2006 under section 138 of the Negotiable Instruments Act, 1881 pending in the Court of Metropolitan Sessions Judge, Chittagong. 2. Sum and substance of complaint case is that due to business transaction, there is outstanding claim of Taka 21 lakh from the accused petitioner and ......owdhury, learned Advocate appearing for the accused petitioner, submits that the entire transaction was made at Dhaka, as such, the initiation of the proceeding at Chittagong is not permissible under law. 5. The submissions made is not sustainable either in law or on the facts of the given ca..Category: Criminal Law | Date: | Hits: 50
Abul Koyser Vs. Tobarak Ali and others, 2007, 36 CLC (HCD)
....ing that the vendor did not get back possession of the land transferred and upon such wrong view of the matter, it erred ultimately in allowing the prayer for preemption, which resulted in failure of justice. 12. He took me through the depositions of the witnesses examined by the parties and ......d. Order of stay granted at the time of issue of the Rule is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 59 DLR (2007) 234 . ......ed by a deed dated 7-10-95. 3. His case, in short, was that one Shudir Chandra Roy was recorded tenant in respect of the land of plot No. 1743 with an area 58 decimals. Of said land, the preemptor purchased 28 decimals along with 39 decimals of land of plot No. 1741 by registered Kabala being...... impugned judgment and order. 11. Mr. M Enayetur Rahim, learned Advocate appearing on behalf of the vendor, submitted that the court of appeal below committed serious error on both fact and in law in finding that the vendor did not get back possession of the land transferred and upon such wro..Category: Property Law | Date: | Hits: 28
Khalilur Rahman Vs. State, 2007, 36 CLC (HCD)
....lilur Rahman. We find no merit in these appeals. These appeals are dismissed. Send down the lower court records at once. Ed. This Case is also Reported in: 59 DLR (2007) 227 . ......d him to imprisonment for life with a fine of Taka 50,000, in default to suffer rigorous imprisonment for 5(five) years more. He, however, found the other accused persons not guilty of the charge and accordingly, acquitted them. 18. Learned Advocate for the appellant Khalilur Rahman submits t......heda Bewa vs. State 37 DLR 66. Lawyers involved: Md. Anisur Rahman Hatem, Advocate—For the Appellant (In Criminal Appeal No. 1752 of 1997). Saifuddin Md. Aminur Rahim, Deputy Attorney-General—For the State-Respondent. Criminal Appeal No. 1752 of 1997 with Jail Appeal ......nd 302/109 of the Penal Code. 3. Mrs. Nur-un-nahar (PW 1) narrated the prosecution case, which is as follows: On the night following 1-9-84 the informant's husband Habibur Rahman and father-in-law Ali Akbor Fakir were killed. At around 1-00/1-30 AM the dacoits entered into her house. One daco..Category: Criminal Law | Date: | Hits: 38
Moezuddin (Md) Vs. State, 2007, 36 CLC (HCD)
....Though the section does not circumscribe the powers of the public prosecutor, the essential consideration which is implicit to accord consent is that it should be in the interest of administration of justice. It is either that the prosecution will not be able to produce sufficient evidence in suppor......f 2003. Judgment SK Sinha J.- This Rule at the instance of the informant Md. Moezuddin Kha is against an order of the Additional Sessions Judge, 1st Court, Pabna in Sessions Case No. 20 of 2002 according permission to withdraw from the prosecution of accused-opposite party No. 1 Shafiqul Alam ......wyers involved: Bazlur Rahman Chhana with Dr. AKM Akhtarul Kabir, Advocates—For the Petitioner. Munsurul Huq Chowdhury with JEM Hasan, Advocates—For Opposite Party No. 1. Fida M Kamal, Attorney-General with Saifuddin Md. Aminur Rahim, Deputy Attorney-General— For the State. Crimina......opposite party No. 1 Shafiul Alam of the case. 5. Mr. Bazlur Rahman Chhana, learned Advocate appearing for the petitioner, submits that the learned Additional Sessions Judge has committed error of law in according permission for withdrawal from the prosecution of the accused-opposite party No. 1,..Category: Criminal Law | Date: | Hits: 43
Shaherunnessa Vs. Shamsunnahar, 2007, 36 CLC (HCD)
....iff and the defendants defaulted in the payment of rents in the absence of any evidence on record and upon such erroneous views, most illegally decreed the suits, which resulted in serious failure of justice. 21.On the other hand, Mr. Jalil on behalf of the plaintiff, submitted that the Courts be...... the decree of the trial Court decreeing the suits are hereby set aside and both the suits are dismissed. Send down the records at once. Ed. This Case is also Reported in: 59 DLR (2007) 217. ......nsation. The suit was then on transfer re-numbered as Suit No. 10 of 2002. 3. Plaint case, in short, is that Mujibor Rahman and Solaiman on 29-1-62 purchased the suit premises, which was described to be a one-storied semi-pucca house in plot No. 705(part) and 706(part) and fully described in the ......, he was constrained to institute Other Suit No. 33 of 2000 for perpetual injunction against them. 13. In his written statement, Mohiuddin also contended, in brief, that Mohammed Solaiman, who was lawful owner in possession of the suit premises, was his distant relation. Solaiman on 5-1-69 transf..Category: Property Law | Date: | Hits: 35
Shahella Chowdhury Vs. National Board of Revenue and others, 2007, 36 CLC (HCD)
....r section 93 for reassessment and imposition of penalty under section 128 of the Ordinance must be held to be without any lawful authority and of no legal effect. 26. When we are faced with such injustice done to a citizen by the Deputy Commissioner of Taxes in his reassessment and imposition of ......itioner for the assessment year 1999-2000 showing a liability of Taka 96,000, the Deputy Commissioner of taxes by his order dated 29-3-2000 assessed the total income of assessee at Taka 2,85,110 and accordingly, determined the income tax. 4. On an appeal therefrom at the instance of the petition......March 28, 2007. Case Referred To- Raghuvanshi Mills Ltd vs. CIT; 1952 22 ITR 484 (SC). Lawyers involved: Mosharraf Hossain, Advocate—For the Petitioner. Md. Rezaul Islam, Assistant Attorney-General—For the Respondents. Writ Petition No. 5143 of 2005. Judgment Md. Abdur Ra......ot sanctioned by section 93 of the Ordinance in that such investment was not an income and penalty imposed thereon was equally without jurisdiction, the Commissioner of Taxes fell in serious error of law in not setting aside such unauthorised orders of the Deputy Commissioner of Taxes. 10. He al..Category: Fiscal/Taxation Law | Date: | Hits: 69
Dhaka City Corporation and others Vs. Shamsur Rahman and others, 2007, 36 CLC (HCD)
....ition and acquisition, the plaintiff lost all right or interest in the suit land and the appellate Court committed serious error without notice of such legal consequence, which resulted in failure of justice. In support, he cited Bangladesh vs. Samodra Narayan Mohajan and another 2006 BLD (AD) 145 =......aid land. They on 2-1 -54 transferred said land to the plaintiff by way of a registered 'Patta' being No. 7441 and a registered sale deed being No. 7442 and delivered possession. Record of rights was accordingly prepared in the names of said recorded tenants and the plaintiff in SA khatian No. 2190 ......yan Mohajan and another 2006 BLD (AD) 145 = 11 BLC (AD) 226; Sarashijaksha Chatterjee and others vs. Karpor Kamini Devi and others, AIR 1937 Calcutta 745; S Sibtain Fazli vs. Messrs Star Film Distributors 14 DLR 307; Kayemat Ali Sakidar and others vs. Jainuddin Talukder, 14 DLR 657; Commander (Retd.......le 'Kha' land, the plaintiff was not required to seek declaration of title and the suit instituted for declaration that the RS record of rights as prepared and published was wrong was maintainable in law. In support, he cited Sarashijaksha Chatterjee and others vs. Karpor Kamini Devi and others, AIR..Category: Property Law | Date: | Hits: 32
Mahbubul Alam (Md.) Vs. Bangladesh and Others, 2006, 35 CLC (HCD)
....ase, the Rules in Writ Petition No. 2711 of 2004 and Writ Petition No.2560 of 2004 are hereby discharged without any order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 205. ......ase, the Rules in Writ Petition No. 2711 of 2004 and Writ Petition No.2560 of 2004 are hereby discharged without any order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 205. ......For Respondent No. 5. Md. Taherul Islam, Advocate—For the Petitioner (In WP 2560 of 2004). Md. Humayun Kabir Bulbul, Advocate—For Respondent No. 6. Rajik-al-Jalil, Deputy Attorney-General with Sufia Ahmed, Assistant Attorney-General—For the Government- Respondents. ......1 & 2560 of 2004. Judgment Nozral Islam Chowdhury J.- These two writ petitions being Writ Petition No. 2711 of 2004 and Writ Petition No. 2560 of 2004 involve common question of law to be decided by this court, Therefore, we feel it proper to dispose of both the writ petitions ..Category: Civil Law | Date: | Hits: 67
Anti-Corruption Commission Vs. Md. Hasan & others, 2008, 37 CLC (AD)
....ommitted serious illegality in quashing the proceedings during investigation in special original jurisdiction. The learned Advocate further submitted that the respondent Nos.1 and 2 are fugitive from justice and, as such, the question of invoking the jurisdiction under Article 102 of the Constitutio......o the Commission. In the report, the allegations made against the writ-petitioner No.1 regarding acquisition of property disproportionate to his known source of income were found to be not proved. He accordingly requested the Commission to drop the proceeding against the writ-petitioner No.1. But no......etitioner. Rafique-ul-Huq, Senior Advocate instructed by Md. Wahidullah, Advocate-on-Record—For the Respondent Nos. 1-2. Not represented—the Respondent Nos. 3-7. Civil Petition for leave to Appeal No. 1432 of 2008. (From the judgment and order dated the 18th day of June, 2008 passed ......on, Memo of writ petition it is clearly found that the respondent Nos. 1 and 2 writ-petitioners are fugitive. In view of fugitive the findings of the High Court Division merits no consideration since law is not settled that a fugitive has no legal right to seek any kind of redress as against her gri..Category: Anti-Corruption Laws | Date: | Hits: 143
Abdul Halim (Md.) Vs. Abul Hasan Chowdhury Kaiser and others, 2001, 30 CLC (HCD)
....ave become infructuous. In the result, the Rules in both the writ petitions are discharged being infructuous without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 42....... of Bangladesh after he acquired the British citizenship on 18-7-1995 he attracted the mischief of Article 66(2)(c) and became disqualified as a Member of the 7th Parliament of Bangladesh. But since, according to the learned Advocate, respondent No. 3 in Writ Petition No. 3251 of 1997 acquired citiz......the Petitioner. Tania Amir with Bashir Ahmed, Advocates—For the Petitioner. Salahuddin Ahmed with Tanjib-ul Alam, Advocates— For the Respondent No.1. Md. Zahurul Islam Mukul, Assistant Attorney-General—For the Respondent (In both the Writ petitions). Writ Petition No. 953 of 1998 ......nt (In both the Writ petitions). Writ Petition No. 953 of 1998 with Writ Petition No. 3251 of 1997. Judgment Md. Joynul Abedin J.- Since both the Rules involve common questions of fact and law they are heard and disposed of by this common judgment. 2. In both the Rules the petitioners,..Category: Administrative Law | Date: | Hits: 356
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