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Mostafa alias Masta Vs. State, 2008, 37 CLC (HCD)
....cused Mostafa embraced Shaneka Begum and forcibly took her inside in her room and committed rape upon her against her will and that the accused Mustafa told the victim not to disclose the matter to anybody and he expressed his willingness to marry her. It is further stated that the victim disclo...... the informant's mother; that the accused Abdul Aziz is the brother-in-law of accused Mustafa and in connection with this relationship the accused persons used to visit informant's house; that at one stage a bad look of accused Mostafa fell upon Shaneka Begum and that the accused Abdul Aziz started ......stafa alias Masta be set at liberty forthwith if not wanted in connection with any other case. Send down the LCR at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 894. ..Category: Women and Children | Date: 16 Jan, 2008 | Hits: 27
Md. Amin-Ullah, Advocate and another Vs. Bangladesh and others, 2008, 37 CLC (HCD)
....had already refunded the compensation money on different dates to the Government as per direction of the Government but inspite of that the respondent No.1 (Secretary, Ministry of Land) did not issue any appropriate order of release of land for which the original owners are not in a position to util...... rule is discharged without any order as to cost. The order of injunction granted at the time of issuance of the rule stands vacated. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 264. ......of the Ministry dated 19.10.85, 07.02.93 and 18.04.93 in the interest of public may have some substance which is apparently a subject matter of Inter Ministerial act of the Government. In the summary proceeding under Article 102 it is not possible to decide such disputed question of facts. 15. Co..Category: Property Law | Date: 9 Jan, 2008 | Hits: 20
Humayun Hossain Khan Vs. Government of the People's Republic of Bangladesh, 2008, 37 CLC (HCD)
....espondent No.3 Sonali Bank opposed the Rule by filing an affidavit-opposition contending, inter alia, that the petitioner obtained a loan of Taka 7.50 lack on 29-4-1990 from the Bank, but did not pay any instilments up to November.1990 as a result of which interest has been added to the instilments.......tion during pendency of the suit which was filed before commencement of the Ain, 2003. (3) Section 60 (3) of the Ain, 2003 clearly provides that the suits which were pending would remain at that stage and the provisions of the Ain, 2003 would be applicable from that stage during the pendency of......ted. Artha Rin Adalat No.3, Dhaka is directed to dispose of the suit expeditiously. Communicate the Judgment at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 513. ..Category: Banking Law, Civil Law | Date: 8 Jan, 2008 | Hits: 9
Durga Prasad Singh Hazari Vs. Commissioner of Taxes, 2007, 36 CLC (HCD)
.... belonged to a Hindu joint family, that they were also joint in mess and that the sons were minors. 11. He was also of the view that in an undivided Hindu family, the wife was not entitled to hold any property, assessee was bound as head of such undivided family to disclose income of the entire f......estions of law formulated in the negative and in favour of the assessee and against the respondent. No cost. Communicate at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 397. ......section 2 of the Ordinance defines the word, 'assessee' as a person by whom any tax or other sum or money as payable under this Ordinance and include amongst other every person in respect of whom any proceeding under the Ordinance was taken for assessment of his income or the income of any other per..Category: Fiscal/Taxation Law | Date: 12 Dec, 2007 | Hits: 5
Fairdeal Marine Services, Fujairah, U.A.E Vs. M.V. PELEAS K and others, 2007, 36 CLC (HCD)
....fact that the Petitioner in its original application dated 10.3.2005 for execution of the Decree under Order 21, Rule 11(2) of the Code of Civil Procedure, 1908 ("the Code") having not made any prayer in the relevant Form No.(J) 47 for execution of the Decree against the Opposite Party No.......st the execution of the Decree. Given that these defences and grounds could have been agitated by the Opposite Party No.5 at the time of the hearing of the Suit and, thereby, at that more appropriate stage giving this Court an opportunity to consider the same upon going through any oral and document......g the said vessel being within this Court's jurisdiction and as formally represented by the Opposite Party No.5, the said party as Defendant No.5 never appeared in the Suit nor in these execution proceedings till after receipt of this Court's Order dated 15.11.2005. It is submitted that give..Category: Admiralty Law or Maritime Law | Date: 6 Dec, 2007 | Hits: 19
AKM Reazul Islam and others Vs. State, 2007, 36 CLC (HCD)
....being a chairman of a Union Parishad, misappropriated some relief goods, namely 55 pieces of corrugated tin (ঢেউ টিন). In this case also police report was not submitted till 29-8-2007 nor any sanction was accorded by the government under the said Rules 2007. 7. The Rule issued in Cr......মে তৎপরবর্তী ১৫ দিবসের মধ্যে তদন্তকার্য সম্পন্ন করিবে।” 30. Rule 19ka is not relevant at this stage of the cases, as it prescribes time limit for trial. 31. As regards the scheme of the Rul......o.1, Lalpur, Natore to the satisfaction of the learned Chief Judicial Magistrate, Natore. Communicate this order at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 111. ..Category: Anti-Corruption Laws | Date: 3 Dec, 2007 | Hits: 139
Al Haj A.B.M. Mohiuddin Chowdhury Vs. State, 2007, 36 CLC (HCD)
....of late Al-haj Hossain Ahmed Chowdhury be enlarged on bail to the satisfaction of the Chief Metropolitan Magistrate, Chittagong. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 23. ......of late Al-haj Hossain Ahmed Chowdhury be enlarged on bail to the satisfaction of the Chief Metropolitan Magistrate, Chittagong. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 23. ......uch circumstances further detention of the accused petitioner in custody in connection with above G.D. is unwarranted and not sustainable and accused petitioner ought to have been discharged from the proceeding of Panchlais P.S. G.D. No.409 dated 9.3.2007 and further continuance of the same is an ab..Category: Criminal Law | Date: 2 Dec, 2007 | Hits: 3
....he Customs, Excise and VAT Appellate Tribunal in Nothi No. CEVT/Case (VAT)-52/2001, which dismissed the appeal preferred by the petitioner.
2. The petitioner is stated to be a public limited company and incorporated under the Companies Act, 1913. The petitioner has got an industry at Demra Indu......of production vide a letter dated 06.02.2001, Annexure-'C’. The company gradually started adjustment of input VAT of taka 78,40,997.85 as credit obtained on the payment of VAT at the import stage and accordingly, adjusted taka 30,82,340.38 against such payment of VAT without any objection ......ning of said exception under clause (Uma) written in Bengali could not be understood by any of the VAT authorities right from the Superintendent up to the Appellate Tribunal at any stage of such long proceedings. Such misunderstanding caused immense sufferings and harassment of the petitioner for lo..
Category: Fiscal/Taxation Law | Date: 26 Nov, 2007 | Hits: 9
Mrs. Zakia Doha Vs. Rajdhani Unnayan Kartipakha, 2007, 36 CLC (HCD)
....#39;s case, is short, is as follows: The Petitioner Mrs. Zakia Doha is a Bangladeshi national who was married to late J.R.S. Doha in 1959 and since then she has been living in Bangladesh without any intermission. However, on 8th June, 1965, the then Dhaka Improvement Trust (DIT) now re......s a Pakistani citizen which was at war with or engaged in military operation against Bangladesh thus attracting the mischief of Article 2(1) of the P.O. No.16 of 1972. Of course, at a subsequent stage, she settled own Surrey, U.K. 30. It is well-settled that the onus is upon the petitioner......hout any order as to costs. 40. Let the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 254. ..Category: Abandoned Properties Law | Date: 15 Nov, 2007 | Hits: 6
Fazlu Alias Fazla Vs. State, 2007, 36 CLC (HCD)
....me and she then and there informed the incident to Malu and Lal Miah son of unknown and Nazmul Huq son of late Abdul Gani all of Village-Dauli. They told the complainant not to tell the matter to any one, they also said not to file any case in the Thana and assured the complainant to make an a...... Badal. Then Badal came in the place of occurrence and saw the incident and also saw Din Islam standing there. Witness Badal caught accused Fazlu, then another accused Din Islam ran away. At this stage accused Fazlu kicked Badal down and he also ran away. Hearing the cry of Lipa the complainan......et at liberty forthwith if not wanted in connection with any other case. Sent down the lower court's record at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 659. ..Category: Women and Children | Date: 5 Nov, 2007 | Hits: 14
Md. Farid Hossain Vs. State, 2007, 36 CLC (HCD)
.... of Criminal Procedure. When the trial of a case cannot be concluded within 360 days, the accused, if in custody, should be released on bail even in a case on non-bailable offence unless there is any special reason. Inordinate and unreasonable delay in holding the trial provides a good ground f......faction of the learned Judge of the Special Tribunal no.7, Dhaka. The Tribunal Judge shall, however, be at liberty cancel the bail if the accused-appellant misuses the privilege of bail at any stage of the trial. Send a copy of the judgment to the Court below at once. Ed. This ......s the privilege of bail at any stage of the trial. Send a copy of the judgment to the Court below at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 209. ..Category: Criminal Law | Date: 26 Sep, 2007 | Hits: 7
Muktijoddha Bahumukhi Samabaya Samity Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....uota reserved for Mayor (Anne-xure-1 to the supplementary affidavit-in-opposition dated 18-9-2007). The petitioner did not apply for allotment of shops in time and, as such, it is not entitled to get any such allotment. Therefore, the Rule is liable to be discharged. 6. Mr. M Amir-ul-Islam, the l......vit-in-opposition dated 18-9-2007, submits that in the meantime the allotment committee allotted 3054 shops, out of 3329 shops, except the reserved quota of the Mayor. He lastly submits that, at this stage, the petitioner has no grievance against such allotment. Therefore, the writ petition is lia...... জারীকৃত রুলটি খরচা ব্যতিরেকে এ্যাবসলিউট করা হইল। Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 418. ..Category: Civil Law | Date: 20 Sep, 2007 | Hits: 43
....ect of the imported sugar was challenged and a direction was sought for assessment of said goods on the basis of invoice value as normal/ transaction value.
2. The petitioner is stated to be a company incorporated in Bangladesh under the Companies Act. It imported 22,700 metric tons of Sugar from......ounter, through the Head Assistant of the Computer Hall. From the lodgment counter, the printed Bill of Entry or Data Sheet reaches to the Appraiser through Transit Section. The Bill of Entry at this stage looks like as ANNEXURE-X-2. From the beginning up to this stage, the process is known as Bill ......ld not even seek remedy before the review committee as was stated to be formed on 20.05.01. Pursuant to rule 36 of aforesaid PSI Rules, 2002 it was stated that such rule related to pending matters or proceedings after coming into force of the PSI Rules, 2002 after repeal of the PSI Order, 1999 and d..
Category: Fiscal/Taxation Law | Date: 17 Sep, 2007 | Hits: 66
M. A. Jaher and others Vs. Sonali Bank and others, 2007, 36 CLC (HCD)
....earned advocate, appearing for the respondent No.1 has submitted that attempts were made to sell the mortgaged property in auction and since those attempts could not be successful for non-coming of any bidder the impugned order was passed. The learned advocate has argued that there was no necessi......r before the Artha Rin Adalat concerned within 30 days from the date of receipt of the copy of this judgment by that Adalat. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 64. ......t was decreed exparte by the judgment and order dated 13.11.2000. The decree holder bank, thereafter, started Execution Case No.6 of 2001 for realization of that decretal amount. In that execution proceeding on the prayer of the decree-holder bank, the Artha Rin Adalat, passed the impugned order..Category: Civil Law | Date: 11 Sep, 2007 | Hits: 6
BRAC Printers Vs. Chairman, First Labour Court and another, 2007, 36 CLC (HCD)
....actory Ltd. Vs. Chairman, 2nd Labour Court and Another, (1992) 44 DLR (AD) 272; Bangladesh Tea Estate Ltd. Vs. Bangladesh Tea Estate Staff Association 28 DLR (AD) 190; Aminul Vs. James Finlay and Company Ltd. 26 DLR (SC) 33. Lawyers Involved: A.K.M. Badruddza-For the Petitioner (In all the......ustrial Relations Ordinance, 1969 (in short the Ordinance), submitting their charter of demand on 19.7.2000 to withdraw the termination letters. When the charter of demand entered into a conciliation stage, the respondents-workers filed the instant five Complaint Cases in the First Labour Court, Dha......arged without any order as to costs. The order of stay passed at the time of issuance of the Rule is hereby recalled and vacated Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 25. ..Category: Labour and Industrial Law | Date: 28 Aug, 2007 | Hits: 19
Isahaque Ali (Md.) and others Vs. State, 2007, 36 CLC (HCD)
....a higher degree of proof and all material evidence, particularly those in favour of the accused, should be placed before the Court. It is a course not obligatory on the Public Prosecutor to examine any number of witnesses on the same point regardless of time. The failure of the accused to produc......e, who are already on bail by this Division, are discharged from their respective bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 354. ......e of the Judge to simply sit at a contest between two parties and declare at the end of the combat who has won and who has lost, but it is the legal duty of the Judge to play an active role in the proceeding in finding out the truth in order to administer justice assessing the evidence on record..Category: Criminal Law | Date: 16 Aug, 2007 | Hits: 9
State Vs. Tipu Gazi and others, 2007, 36 CLC (HCD)
....nity though the investigating officer could have seized them on the very first day of his seizure of other materials from the place of occurrence; but instead he seized them 2 days thereafter without any cogent explanation of the delay, which made the prosecution case quite doubtful about recognitio...... once, if not wanted in any other connection. Send down lower tribunal records along with a copy of this, judgment expeditiously. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 516. ......ned prisoners preferred jail Appeal No.313 of 2004. On the other hand, condemned prisoner (4) Moti Gazi preferred Jial Appeal No.172 of 2005 and later preferred Criminal Misc. Case No.1195 of 2005, a proceeding under section 561A of the Code of Criminal Procedure, seeking quashment of the impugned j..Category: Criminal Law | Date: 15 Aug, 2007 | Hits: 26
Mrs. Fatema Begum Vs. State, 2007, 36 CLC (HCD)
....7. Result: The Rule is made absolute. Evidence oral or documentary in order to constitute prima facie case in support of the complaint of the offence alleged means and includes only any evidence or material produced by the complainant at the enquiry not the oral testimony or any ma......got wounded. The occurrence disclosed that over dispute on passage between the parties prevailed and on 3.12.2005 at 7.00 a.m. over trifle incident involving informant's daughter Hosne Ara and at one stage of altercation between parties and scuffle and free fight took place; that in course of such f......take cognizance in a case on police report of inquiry report notwithstanding the fact that no prima facie sufficient materials constituting the offence has revealed or no recommendation for further proceeding against such person is made in the report provided the tribunal deems it necessary and pr..Category: Women and Children | Date: 13 Aug, 2007 | Hits: 21
State Vs. Saidul and others, 2007, 36 CLC (HCD)
....ution, the accused-persons were examined under section 342 of the Code of Criminal Procedure, and their statements were recorded thereunder when they repeated their innocence and declined to adduce any defence witness in their defence. 8. The defence plea, as it transpires from the trend of c......ory. On 7-4-2002 both the victims Iman and Iran and the owner of the shoe factory, P.W.18 Lalu were locked in an altercation with one Shafique and convict accused Saidul Islam, Adel and Badil, At one stage of the altercation there was scuffling among them. Being enraged by the incident, Shafique, Ad......ted in connection with any other case. Let the Lower Court Record along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 739. ..Category: Criminal Law | Date: 9 Aug, 2007 | Hits: 25
.... the Judgment and decree passed by the Bankruptcy Court. Secondly, whether notices/summons were properly served or not or whether the petitioner was a guarantor/a mere shareholder of the borrower company or borrowed money from the bank or not which are disputed question of facts and for which remedy......ny order as to costs. The order of stay granted at the time of issuance of the rule stands vacated.
Communicate the order at once.
Ed.
This Case is also Reported in: 14 MLR (HCD) (2009) 29.
......ditor acted mala fide in filing suit under Bankruptcy Act, 1997 without disclosing of the actual market price of the mortgaged land, which is clear violation of section 12(2) of the Act and hence the proceeding is without lawful authority. Finally, the learned Advocate submits that since the petitio..
Category: Banking Law | Date: 9 Aug, 2007 | Hits: 565
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