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Bimal Chandra Adhikari Vs. State, 1999, 18 CLC (HCD)
..... In the said state of the matter we find no substance in the submission of the learned Advocate. 12. The other contention of the learned Advocate is that investigation of the case having not been completed within the statutory period as provided in section 167(5) of the Code of Criminal Procedur......rised to do so should not introduce an inherent jurisdictional defect in the trying court. If, of course, the intention can be read into the proviso that the jurisdiction of the Court would itself be barred when an unauthorised police officer conducts the investigation, then the position might be di..Category: Criminal Law | Date: | Hits: 75
Ali Akbar (Md.) Vs. State and others, 1998, 17 CLC (HCD)
.... the trial accused opposite parties were charged under the aforesaid provisions of the Penal Code to which they pleaded not guilty and claimed to be tried. 4. Defence of the accused persons was of complete innocence. Further defence was that victim Tamizuddin was a man of loose character and he h......ctive Minister. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 268. ..Category: Criminal Law | Date: | Hits: 64
Abul Bashar Shaikh Vs. State, 1996, 25 CLC (HCD)
....accused under sections 19A and 19(f) of the Arms Act. Thereafter Special Tribunal framed charge against the accused appellant on 1-7-96 under the aforesaid section. 5. Defence of the accused is of complete innocence and that he has been falsely implicated in the case at the instance of his local ...... arrest if he fails to surrender to his bail bound and to remand him to jail custody to serve out the remaining period of his sentence. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 252...Category: Criminal Law | Date: | Hits: 73
State Vs. Sree Ranjit Kumar PramaÂnik, 1990, 19 CLC (HCD)
....e. In support of his submission he cited the case of Shafiquilah @ Kala Mia Vs. State, reported in 1985 BLD (HC) 129 wherein it is stated: "the circumstances taken cumulatively should form a chain so complete that there is no escape from the conclusion that within all human probability the crime was......tion 364 of the Code of Criminal Procedure is rejected. Cases Referred To- Khashru alias Khorshed Vs. State, 35 DLR page 119; State Vs. Arman Ali and others, 42 DLR (AD) at page 50; Aijuddin Matbar Vs. Fagu Matbar, 31 DLR (AD) 101; Ali and others Vs. Crown, 6 DLR (WP) page‑52; Rahman Vs. Sta..Category: Property Law | Date: | Hits: 69
Agrani Bank Vs. Artha Rin Adalat and others, 2003, 32 CLC (HCD)
....menable to interference by any court or authority, the aim of the Adalat Act was to create departures from the Code of Civil Procedure. Section 7, it may be said, was meant to be an exception to this complete ouster of interference. An exception has been made in respect of a judgment and decree in s......oth cases appeal will be to the High Court Division. There is room for argument that both the appellate and revisional powers of interference with any "order" interlocutory or otherwise, is expressly barred by section 6, the provision to section 7(1) barring an appeal against an interlocutory order ..Category: Administrative Law | Date: | Hits: 200
Bangladesh Sugar and Food Industries Corporation Vs. Md. Kashem and others, 2002, 31 CLC (HCD)
.... than to accept the allotment dated 10‑4‑1974 as a lease with all its incidents and that the plaintiff had has a legal right to continue with his possession therein and then get necessary deed to complete the lease. The observations made by the Appellate Division on which Mr. Haque relied are as......onstrained to hold that the 'terms' 'lessor' and 'lessee' as referred to by the Appellate Division in the said Civil Appeal cannot be taken as a ratio decidendi and even obiter and therefore, a legal bar on my part to decide the question as has been raised before me. 18. Exhibit 5 marked on behal..Category: Property Law | Date: | Hits: 122
Chairman, National Housing Authority Vs. M/s. MR. Trading Co. and others, 2011, 40 CLC (AD)
....of the plaintiff. Their case is that the plaintiff was given earth works of secÂtion 9, Division-1 of the National Housing Authority in respect of 7 Groups on 18th January, 1998. Plaintiff could not complete the works within the stipulated time and despite that it had withdrawn Tk.18,58,62,719/- ag......he plaintiff. The appeal is, therefore, allowed withÂout any order as to costs. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: VIII ADC (2011) 544. ..Category: Civil Law | Date: | Hits: 73
....nconsistent and unusual. The answer script of Science paper II was big one and the petitioner was asked to write the same by seeing his alleged answer script by the inquiry committee but he could not complete even 3/2 of the same within 3 hours. It appeared that the handwritings were different and t...... and the petitioner was never suspected to have adopted unfair means. Thereafter, the petitioner was informed by a memo dated 13.5.90 that the result of his SSC Examination was cancelled and he was debarred from sitting for the SSC Examination for the years 1989 and 1990. It is the further case of t..
Category: Civil Law | Date: | Hits: 159
Aftabur Rahman Vs. State, 1993, 22 CLC (HCD)
....n the interest of justice. Section 167(1) and (2) Cr.P.C. provides as under: “167. (1) Whenever any person is arrested and detained in custody, and it appears that the investigation cannot be completed within the period of twenty‑four hours fixed by section 61, and there are grounds for be......rder as and when police appears before him. It would be appropriate for the Magistrate to fix time when on each day the police must produce the accused for obtaining remand so that the members of the bar engaged by the accused are in a position to appear and represent the accused and oppose grant of..Category: Criminal Law | Date: | Hits: 87
James Finlay Plc Vs. Commissioner of Income Tax, 2000, 29 CLC (HCD)
....n the facts and circumÂstances of the case the Tribunal was right in holding that the Senior Appellate Joint Commissioner of Taxes was not justified in setting aside the assessment with direction to complete same under the Convention. 3. Whether in the facts and circumÂstances of the case the t......993, namely, the question Nos. 2, 3, 4 and 5, in the negative and in favour of the assessee Âapplicant. There will be no order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 315. ..Category: Fiscal/Taxation Law | Date: | Hits: 120
Dr. Malik Mehdi Kabir and others Vs. Rabit-Al-Alam-Al-Islami and others, 2010, 39 CLC (AD)
....t deposited within one year from the date of decision to acquire under section 5 or proviso to section 4(3)(b) of the Ordinance". 9. Therefore, the earlier decision of this Division was based on a completely different point although the exposition of law as regards the deposit of compensation wit...... the acquiring authority, or from the date of award of compensation and secondly, a previous decision based on different cause of action and also on a provision of law which is not applicable will be barred by the principle of res judicata in a subsequent writ petition on the same subject matter. It..Category: Property Law | Date: | Hits: 93
Anti Corruption Commission Vs. Md. Enayetur Rahman and others, 2011, 40 CLC (AD)
....e Customs Act, that neither police nor the Anti-Corruption can withhold the contraband goods and release them to the owner without clearance of the Customs Authority, that importation of goods is not complete unless and until the whole process of assessment is complete and so on. The facts of the ca......y efficaÂcious remedy available to the writ petitioner. On behalf of the caveator Mr. Ahsanul Karim, however, supports the judgment of the High Court Division and submits that since there is implied bar for moving the High Court Division in view of Rule 19(Umo) of the Emergency Powers Rules, the Hi..Category: Anti-Corruption Laws | Date: | Hits: 214
....ain status quo for a period of 4(four) months and subsequently it was extended till disposal of the Rule by the order dated 15.5.2004, which was duly served upon the respondents by Agrani Bank but in complete disregard and disrespect to the said order Agrani Bank published auction notice dated 2.3.2...... decision and there is no illegality or infirmity in the above decision so as to call for any interference.
The petition is dismissed.
Ed.
This Case is also Reported in: 19 BLT (AD) (2011)163...
Category: Civil Law | Date: | Hits: 77
MA Hashem Vs. Shamsul Kabir Humayun Reza and anothers, 2011, 40 CLC (HCD)
.... duty, registration fee and all other charges and incidental costs and expenses and the execution and registration of the sale deed by the principal defendant No.1 in favour of the plaintiff shall be completed within one year and the balance amount of Tk.1,30,00,000 will be received by the principal......or or defect in the decisions on merit. Thus, the appeals having no merit, its fail. In the result, all these appeals are dismissed. Ed. This Case is also Reported in: 16 BLC (2011) 830. ..Category: Property Law | Date: | Hits: 100
A Elahee & Co. Vs. MM Aziz and others, 1991, 20 CLC (HCD)
....for Tk. 15,44,254.00 out of which defendant Co. paid in Tk. 2,00,000.00 on 27.1.90, Tk. 1,00,000.00 on 22.2.90 and Tk. 1,00,000.00 on 19.3.90 a total payment of Tk. 4,00,000.00. 'Me carrying work was completed on 1.1.90. The defendant submitted his last and final bill but he did not pay the plaintif......cordance with law. In the facts and circumstances of the case, there will be no order as to costs. Send down the LC records at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 131...Category: Civil Law | Date: | Hits: 104
Subodh Ranjan and others Vs. State, 1993, 22 CLC (HCD)
.... except P.W.1 Moklesur Rahman none of the 12 BDR personnels including himself entered the house and except the Magistrate there was no other civilian. He further stated that the seizure list was made complete at Kotbari and at that time he was not present. He admitted that the accused persons stated......nt along with Battalion Commander, Magistrate and others on search recovered Bangladeshi Taka amounting to 13,95,798.00. Indian money amounting to Rupees 1,124.00 from a steel almirah and also 2 gold bars bearing mark 24 carat gold No.9990. The informant seized the Taka and the gold bars by a seizur..Category: Criminal Law | Date: | Hits: 75
Professor Golam Azam Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)
....an FIR was lodged on 17.12.57 alleging abduction against the accused and charge sheet was submitted on 24.4.58. What happened in that case was that the investigation was started and major portion was completed under the Calcutta Police Act and then by an amendment section 156 of the Cr.P.C. was made......shi citizen by birth having been born at Dhaka on the 22nd November, 1922; that his father late Moulana Ghulam Kabir was born in village Birgram, Police Station Nabinagar, District Comilla now Brahmanbaria and from generations they are permanent residents in the territories now comprised in Banglade..Category: Immigration and Citizenship Law | Date: | Hits: 343
Maulana Motiur Rahman Nizami Vs. State, 2010, 39 CLC (HCD)
.... the petitioner to swear the affidavit dated 26-8-2010. Mr. MK Rahman has emphatically subÂmitted that the High Court Division committed a wrong by allowing the Tadbirkarak to swear the affidavit in complete disregard of the inapplicability of the Code of Criminal Procedure as provided by section 2...... view to quashing the proceedings of ICT-BD Miscellaneous Case No.1 of 2010 pending before the Tribunal in view of the fact that all constitutional remedies available to the petitioner are absolutely barred by the provisions of Articles 47(3) and 47A of the Constitution. 4. Mr. Abdur Razzaq next ..Category: Criminal Law | Date: | Hits: 103
Md. Alimuzzarnan (Reza) and others Vs. Md. Masudar Rahman @ Babul and others, 2010, 39 CLC (HCD)
....t takes effect from the date of execution. The object of this section 47 to decide which of two or more registered instruments in respect of the same properÂty is to have effect. A sale which is not complete until the registration of the document is complete, cannot be said to have been completed e......urred by them at the time of execution of the deed of agreement. He could not acquire better right or interest in the suit lands than his vendors. Therefore, we are of the view that there is no legal bar in taking consideration of the statements made in ext-Gha. 10. An admission of a person is ad..Category: Procedural Law | Date: | Hits: 76
State Vs. Kazol, 2011, 40 CLC (HCD)
....€™s role in Taposh’s death. Given the circumstantial evidence as to Kazol’s previous enmity with Taposh as well as the fact of his absconsion in this case from the very beginning, the confessions completed a chain of circumstances for the Tribunal irrefutably linking Kazol and Kazol alone to the......tisfactory to this Court and in the absence of evidence, circumstantial or otherwise, lending credence to his arguments that Kazol may be missing, or worse dead, this Court is wholly disinclined to embark upon a process of inquiry which would unduly lead it to tread in the realm of avoidable specula..Category: Criminal Law | Date: | Hits: 106
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