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M/s. Jamal Jute Baling and Co. Vs. M/s. M. Sarkies and Son, 1977, 6 CLC (AD)
....rt of Pakistan delivered on 6th October, 1971 is valid. For the reasons, we dismiss the appeal but without any order as to costs. Ed. This Case is also Reported in: ......Attorney General with A. W Bhuiyan, Assistant General, instructed by A. Rab, Advocate-on-Record under Order XLV, Rule 1, Supreme Court Rules. Civil Appeal No.11 of 1974. (On Appeal from the Judgment and the Order of the High Court of Bangladesh, dated the 3rd July, 1972 in ......rt of Pakistan delivered on 6th October, 1971 is valid. For the reasons, we dismiss the appeal but without any order as to costs. Ed. This Case is also Reported in: ......rt of Pakistan delivered on 6th October, 1971 is valid. For the reasons, we dismiss the appeal but without any order as to costs. Ed. This Case is also Reported in: ..Category: Contract Law | Date: 21 Mar, 1977 | Hits: 320
Owner, Abul Hashem Vs. Owners, Haji Mohammad Suruj Miah and anther, 1977, 6 CLC (HCD)
....tness mentioned that there was Goalondo Steamer which was proceeding towards river Meghna through the river Dakatia and "M.L. Jalamoni" was following the Steamer. The evidence of P.W.1 gets corroboration from P.W.2. Md. Ismail Gazi, another passenger of "M.L. Jalamoni". This witn...... about 7 P.M. "M.L. Jalamoni" a passenger service launch of under 25 gross tons, bearing registration No. M-1165 with a certificate of survey valid till July, 1964 proceeded about 400 yards from the Chandpur Steamer Ghat. As it was entering the river Meghna it took turn northwards for the ......ct the parties to bear their costs in the appeals. M.H. Rahman J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 149. ......ct the parties to bear their costs in the appeals. M.H. Rahman J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 149. ..Category: Admiralty Law or Maritime Law | Date: 9 Mar, 1977 | Hits: 4
Abdur Rashid Vs. The Government of the People's Republic of Bangladesh and others, 1977, 6 CLC (HCD)
....he Act, with this observation the rule is discharged without any order as to costs. A.M. Chowdhury J.- I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 233 ...... Writ petition No. 1025 of 1974 Judgment Ruhul Islam CJ.- In this application legality of the order dated 25th July, 1974 directing the compulsory retirement of the petitioner from his service under sub-section (2) of section 9 of the Bangladesh Public Servants'......e reference to the back ground of the case that when the departmental proceedings were pending against the petitioner it must be treated as the out come of the said proceeding and not in pursuance of independent exercise of the option of the Government as mentioned in Section 9 of the Act,......he Act, with this observation the rule is discharged without any order as to costs. A.M. Chowdhury J.- I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 233 ..Category: Administrative Law, Employment/Service Law | Date: 9 Feb, 1977 | Hits: 1
Abdur Rashid Vs. Govt. of Bangladesh, 1977, 6 CLC (HCD)
....ct. With this observation the rule is discharged without any order as to costs. A.M.Chowdhury J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 40. ......nts. Writ Petition No.1025 of 1974. Judgment Ruhul Islam CJ.—In this application legality of the order dated 25th July, 1974 directing the compulsory retirement of the petitioner from his service under sub-section (2) of section 9 of the Bangladesh Public Servant's......he reference to the back ground of the case that when the departmental proceedings were pending against the petitioner it must be treated as the outcome of the said proceeding and not in pursuance of independent exercise of the option of the Government as mentioned in section 9 of the Act.......ct. With this observation the rule is discharged without any order as to costs. A.M.Chowdhury J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 40. ..Category: Constitutional Law, Employment/Service Law | Date: 9 Feb, 1977 | Hits: 5
Gurudas Saha Vs. Deputy Custodian, Enemy Property (Lands & Buildings) & others, 1976, 5 CLC (AD)
....ationality, subject to the observation made above, these appeals are dismissed but without any order as to costs. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 133. ...... Court of East Pakistan, calling in question the validity of the said notice. A Division Bench dismissed the writ petition as non-maintainable on the ground that the appellant who had not returned from Calcutta was an 'alien enemy'. 2. The appellant then filed petition seeking specia......ationality, subject to the observation made above, these appeals are dismissed but without any order as to costs. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 133. ......h Court also found that the appellants placed no reliable materials before the Court as to how they were living and maintaining themselves in India for such a long time without disclosing any known source of living. The learned Judges also expressed doubt on the assertion of the appellants that t..Category: Property Law | Date: 7 May, 1976 | Hits: 55
Nazrul Islam alias Md. Nazrul Islam Vs. The State, 1975, 4 CLC (HCD)
....ication of sentence the appeal is dismissed. Amirul Islam Chowdhury J.—I agree This Case is also Reported in: 27 DLR (HCD) (1975) 671 ...... such an witness should be rejected. Evidence of such witnesses should be considered in the light of all circumstances on record and a court may accept that portion of the evidence which gets support from other reliable evidence on record. Case Referred To- 8 D.L.R. (F.C.) 69, Adalat Vs. T...... know if the said Omar Ali who instituted a case against P.W.7 is alive or not. 7. Mr. Abdul Hameed Chowdhury, the learned Advocate, appearing for the appellant has submitted that as there is no independent witness to support the prosecution case and there being evidence that P.W. 7 Constable L......ication of sentence the appeal is dismissed. Amirul Islam Chowdhury J.—I agree This Case is also Reported in: 27 DLR (HCD) (1975) 671 ..Category: Arms Law | Date: 2 May, 1975 | Hits: 2
.... far as this appeal is concerned.
A.S. Faizul Islam Choudhury J.-I agree.
Ed.
This Case is also Reported in: 27 DLR (HCD) (1975) 628
...... on his normal inspection duty after the college hours as the Programme Officer on 5. 8. 58, he was seriously injured by the fall of a huge C.I. Sheet which suddenly fell on him with a terrific force from the scaffolding at the top of the Assembly Hall of the College. He was immediately removed to D......letcher, which is one of the most important cases of absolute or strict liability. According to the said rule, in certain circumstances a man acts at his peril and is responsible for accidental harm, independently of the existence of either wrongful intent or negligence.
34. The facts of the sa...... far as this appeal is concerned.
A.S. Faizul Islam Choudhury J.-I agree.
Ed.
This Case is also Reported in: 27 DLR (HCD) (1975) 628
..
Category: Civil Law | Date: 30 Apr, 1975 | Hits: 5
Messrs. Haji Azam Vs. Singleton Binda & Co. Ltd. Binder, 1975, 4 CLC (HCD)
....on (Protocol and Convention) Act, 1937 are held to be not maintainable. S.M. Mohseen Ali, J. — I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 583 ......e with the declaration of independence made by Bangabandhu Sheikh Mujibur Rahman on the said day at Dacca, and confirmed by the Proclamation of Independence issued by the People's Representatives from Mujibnagar on the 10th of April, 1971, The new State having been born in the midst of a bloody ......Bangladesh on 25th March, 1971 shall, subject to the Proclamation aforesaid, continue to be so in force with such consequential changes as may be necessary on account of the creation of the sovereign independent State of Bangladesh formed by the will of the people of Bangladesh * *.” 10. ......on (Protocol and Convention) Act, 1937 are held to be not maintainable. S.M. Mohseen Ali, J. — I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 583 ..Category: Arbitration Law | Date: 23 Apr, 1975 | Hits: 3
Mabasir Ali alias Md. Mabassir Ali and another Vs. State, 1970, 1 CLC (HCD)
.... not been examined in this case. Israk's testimony is that he saw the 2 appellants running towards the east. His testimony cannot be treated as primary evidence so as to furnish the basis for the corroboration. This being the position, we do not find any ground how the evidence of the alleged ey......up the investigation of the case and visited the locality on 24.1.66 at 10-30 AM and found the dead body in the field to the south of a house. The place where the dead body was found was 9 miles away from the police station. The dead body was identified by Kalandar Ali PW 4 and others. He also held ......eby set aside. We direct that the appellants be set at liberty forthwith if not wanted in connection with any other matter. Ed. This Case is also Reported in: 24 DLR (HCD) (1972)103 ......eby set aside. We direct that the appellants be set at liberty forthwith if not wanted in connection with any other matter. Ed. This Case is also Reported in: 24 DLR (HCD) (1972)103 ..Category: Criminal Law | Date: 7 Aug, 1970 | Hits: 50
.... No costs.
Communicate the judgment to respondents No.3 and 4 at once.
J.N. Deb Choudhury J.—I agree.
Ed.
This Case is also Reported in: 68 DLR (HCD) (2016) 91
......
April 5, 2015
Result:
The Rule is made absolute.
Income Tax Ordinance (XXXVI of 1984)
Section 120
IACT is empowered to call for the record of any proceeding from the DCT and examine the same under section 120 of the Ordinance and if he considers t...... No costs.
Communicate the judgment to respondents No.3 and 4 at once.
J.N. Deb Choudhury J.—I agree.
Ed.
This Case is also Reported in: 68 DLR (HCD) (2016) 91
......
(c) does not have loan other than from a bank or financial institution; or
(c) sum of ascertain of next wealth and shown expenditure is covered by the income.
(4) No question as to the source of investment made by a new assessee deriving income from business or profession shall be rai..
Category: Fiscal/Taxation Law | Date: | Hits: 0
Most. Renu Begum Vs. Khandoker Enamul Mowla and others, 2011, 40 CLC (HCD)
....the suit is hereby decreed. Let a copy of the judgment along with lower Court's record be set down at once. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 58. ...... No.3, father of the minor-daughters was not appointed guardian by any Court and as such, he had no power to sell the minor's property. 6. The unsuccessful plaintiff then took an appeal therefrom being Title Appeal No.247 of 2007 to the learned District Judge, Dhaka. Ultimately, the said ap......d that the defendant side did not turn to cross-examine any of the witnesses. 18. Long line of Judicial pronouncement of this Sub-continent is that if a witness is otherwise found be reliable or independent or non-partisan or disinterested, the evidence of such alone witness can be taken as the......the suit is hereby decreed. Let a copy of the judgment along with lower Court's record be set down at once. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 58. ..Category: Evidence Law | Date: | Hits: 6
....mature stage.
Accordingly, the Rule in this petition should be discharged for the reasons stated herein before.
Ed.
This Case is also Reported in: 27 DLR (HCD) (1975) 602
......e declared to have been made without any lawful authority and is of no legal effect. Pending the disposal of the Rule, the Care Taker Body, which was constituted by the impugned order, was restrained from taking any action or decision altering or affecting the Society in any manner from its position......Executive Director of the Society with effect from 1-10-72.
4. The petitioner claims that the affairs of the Society would have run on smoothly had not the Executive Director began to assert his independent will to act in his own way disregarding the wishes of the Chairman. Quite naturally, the......mature stage.
Accordingly, the Rule in this petition should be discharged for the reasons stated herein before.
Ed.
This Case is also Reported in: 27 DLR (HCD) (1975) 602
..
Category: Constitutional Law | Date: | Hits: 2
S. M. Qamruzzaman Vs. State, 1980, 9 CLC (HCD)
....e denomination of the currency notes but their evidence is falsified by that of P.Ws. 4 and 5 who were not in the trap party. The learned advocate has further argued that there is no independent corroboration of the evidence of the witnesses who were members of the trap party. These argume......vember, 1970 the Government decided to purchase and distributes some plough-cattle amongst the cyclone-affected people in the coastal districts and for that purpose plough cattle were to be purchased from various districts. Accordingly, Cattle Purchase Committees were formed at the district level wi......overy and the denomination of the currency notes but their evidence is falsified by that of P.Ws. 4 and 5 who were not in the trap party. The learned advocate has further argued that there is no independent corroboration of the evidence of the witnesses who were members of the trap party. ......he accused as it was hearsay evidence. Their lordships quoted the English rule on the point as stated by Bose in his treatise on Evidence: "no matter how unanswerably the absence of the original source is accounted for, the inferior evidence will not be received." 16. The principle wa..Category: Criminal Law, Evidence Law | Date: | Hits: 2
....y order as to cost.
The connected Civil Rule No.1477 (R) 1990 is also discharged without any order as to cost.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 103.
......le the suit and the same is not maintainable. Plaintiff has got four sons and 2 daughters who have been living in separate mess. The defendant No.1 used to live with his grand father and grand mother from his childhood. Defendant No.1 used to respect plaintiff who voluntarily transferred the suit la......ght up by her and as such defendant No.1 stood in fiduciary relation with the lady. In such circumstances the onus is on defendant No.1 to prove that plaintiff prior to execution of impugned deed got independent advice.
11. Special rule is desired to give protection to certain categories of wom......y order as to cost.
The connected Civil Rule No.1477 (R) 1990 is also discharged without any order as to cost.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 103.
..
Category: Evidence Law | Date: | Hits: 7
Joynal Abedin Vs. State, 2011, 40 CLC (HCD)
....e truth from falsehood. In the instant case scanning the entire evidence of P.Ws., it appears to us that there are eye witnesses of the recovery of arms from the accused person. There is also corroboration of the prosecution witnesses. Moreover, the evidence of P.Ws. are corroborative, con...... Yakub colony and caught the accused Joynal Abedin and other 3 persons and searched their body in presence of local witnesses and recovered one country made fire arms (LG) and two cartridges of gun from the possession of the accused Joynal Abedin and that the informant seized the articles and obta......not be exercised to quash the Judgment. The Rule fails. In the result, the Rule is discharged. Let the LCR sent down immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 393. ......vent abuse of the process of the Court, and thirdly, to secure the ends of justice. What is 'inherent' is an inseparable incident of a thing or an institution in which it inheres. This rule has its source in the "maxim quode lex aliquid alicui concedit concoders viderturid sine quo ipsa case non p..Category: Criminal Law | Date: | Hits: 36
Bangladesh Indenting Agent Association and another Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....om 2004 to 2009 by the Government itself. With these observations, this Rule is disposed of. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 389. ......memo being file No.8(8) VAT-Ni: O Ba:/99(Angsha-1)/342 dated 22-9-2010 issued by the respondent No.2 under the signature of respondent No.3 making administrative direction for deducting VAT at source from the earnings of the members of the petitioner No.1 (Annexure-G) shall not be declared to be wit......om 2004 to 2009 by the Government itself. With these observations, this Rule is disposed of. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 389. ......hy the memo being file No.8(8) VAT-Ni: O Ba:/99(Angsha-1)/342 dated 22-9-2010 issued by the respondent No.2 under the signature of respondent No.3 making administrative direction for deducting VAT at source from the earnings of the members of the petitioner No.1 (Annexure-G) shall not be declared to..Category: Fiscal/Taxation Law | Date: | Hits: 51
.... I do not find any error of law or of procedure in the Judgment.
This appeal is accordingly dismissed without any order as to cost.
Ed.
This Case is also Reported in:35 DLR (HCD) (1983) 295.
...... (SC) 398; 14 DLR 725; 27 DLR 589.
Lawyers Involved:
Shehabullah with Moqbul Ahmed - For the appellants.
A.KM. Shafiqur Rahman with Faruque Ahmed - For the respondents.
Appeal from Appellate Decree No.770 of 1959.
Judgment
Sultan Hossain Khan J.- This appeal by the def......Mir first came over to this village and settled down and acquired the properties; thereafter, Jamiruddin Mir came to reside with his step brother Arman Mir and that both of them acquired separate independent properties. Subsequently there had been a partition between the superior landlords under...... I do not find any error of law or of procedure in the Judgment.
This appeal is accordingly dismissed without any order as to cost.
Ed.
This Case is also Reported in:35 DLR (HCD) (1983) 295.
..
Category: Procedural Law | Date: | Hits: 25
Md. Maksudur Rahman @ Masud and others Vs. State, 2007, 36 CLC (HCD)
....r of stay stands vacated. Communicate the order to the Court below to proceed with the case expeditiously in accordance with law. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 261. ......qbal Kabir lodged an ejahar with the Kotwali Police Station, Barisal alleging, inter alia, that on 18.12.2000 at about 8:00 p.m. informant's daughter Mohoshena Begum @ Era aged about 5 years was lost from the residence of his father-in-law of Kashipur, Chahutpur, About this incident the informant's ......f the case of Latifa Akther and others Vs. The State and another reported in 7 BLT (AD) 282 held that "This general observation is not at all correct.......... [Section 241A and Section 265C] are two independent Sections of the Code which deal with discharge of an accused brought for trial in respec......r of stay stands vacated. Communicate the order to the Court below to proceed with the case expeditiously in accordance with law. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 261. ..Category: Criminal Law | Date: | Hits: 24
Moinuddin & others Vs. State, 2007, 36 CLC (HCD)
....ttal, he is now discharged from his bail bond. Let a copy of the Judgment along with the Lower Court's record be sent down at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 67. ......e No.51 of 1997 arising out of GR Case No.13 of 1995 corresponding to Kanaighat Police Station Case No.1(3)95 for commission of the offence punishable under section 302 of the Penal Code. 2. Apart from the death reference, the condemned prisoner Moinuddin also preferred Jail Appeal No.361 of 20......se conduct appears to be suspicious, inasmuch as the so-called eyewitnesses deposed inconsistently as to the murder of deceased Abdul Motlib. Besides, their testimonies were not corroborated by any independent witness. The learned State Defence Lawyer, after placing the post mortem report, submits......ttal, he is now discharged from his bail bond. Let a copy of the Judgment along with the Lower Court's record be sent down at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 67. ..Category: Criminal Law | Date: | Hits: 24
Yunus Ali and another Vs. State, 2008, 37 CLC (HCD)
....Tribunal in order to serve out the remaining period of their respective sentence. Send down the LCR with a copy of judgment at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 793. ......id room and on being asked by the informant party, the accused admitted their offence, and in presence of the seizure witnesses accused Yunus brought out 81 pieces of forged currency of 100 Taka note from the pocket of his shirt and accused Shakwat brought out 42 pieces of forged currency of 100 Tak......er and materials available in the paper books and submits, that the prosecution failed to prove the alleged recovery of counterfeit money from the possession of the accused appellants by reliable and independent witnesses and that the mandatory provisions of section 103 of the Code of Criminal Proce......Tribunal in order to serve out the remaining period of their respective sentence. Send down the LCR with a copy of judgment at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 793. ..Category: Criminal Law | Date: | Hits: 134
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