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Abdur Razzaque Mollah Vs. Md. Qayum Mollah & others, 2001, 30 CLC (HCD)
....s of the case, we direct the parties to bear their respective costs all through. Send down the lower Court’s Record immediately. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 535. ......e us the President’s Order No.7 of 1973, the Bangladesh House Building Finance Corporation Order, 1973 of Article 21(3) which runs thus: “No property shall be accepted as security unless it is free from all encumbrances and charges and it shall be one of the terms upon which the loan shall be......nd as he had earlier acquaintance with contractor Md. Qayum Mollah; he sought his assistance and that the contractor also agreed to it. Mr. Abdur Razzaque Mollah thereafter took loan of Taka 2,00,000 from the defendant No.3 (opposite party No. 2) namely, House Building Finance Corporation, Khulna by......s of the case, we direct the parties to bear their respective costs all through. Send down the lower Court’s Record immediately. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 535. ..Category: Civil Law | Date: | Hits: 71
Syed Abdul Alim alias Lalu Vs. DC, Dhaka and others, 2005, 34 CLC (HCD)
....osts. The petitioner (condemned prisoner) be set at liberty at once if not wanted in any other connection. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 74. ......nife blows on his upper part of back, accused Selim then came and hurled knife blow on his abdomen which he protected by his hand sustaining bleeding injuries there. At that time PW. Azad got himself free from the clutches of the accused and ran towards the shops, where he met his father and cried f......nd two others in the offences under sections 302 and 324 of the Penal Code alleging, inter alia, that at about 9-00 PM on 15-2-85 some unknown young men called his son, Ariful Haque alias Ripon, away from his house. The informant was not at home at the relevant time. He returned to his house from hi......osts. The petitioner (condemned prisoner) be set at liberty at once if not wanted in any other connection. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 74. ..Category: Criminal Law | Date: | Hits: 52
Mahfuz Anam & others Vs. State and another, 2005, 34 CLC (HCD)
....rict Magistracy. Send a copy of the judgment and order of the concerned Court below immediately for information. Ed. This Case is also Reported in: 58 DLR (2006) 60, 26 BLD (HCD) (2006) 26. ......d grounds taken in the application for transfer of the case from one district to another, we are inclined to hold the view that the transfer of the case sought for is necessary in this case to ensure free and fair trial of the impugned complaint case. 9. In the result, the Rule is made absolute. ......ainst the present petitioners. Thereafter, the accused petitioners on appearing before the High Court Division obtained anticipatory bail and filed this application for transfer of the complaint case from Magura to any other Sessions Division mainly on the ground of their insecurity at Magura and in......rict Magistracy. Send a copy of the judgment and order of the concerned Court below immediately for information. Ed. This Case is also Reported in: 58 DLR (2006) 60, 26 BLD (HCD) (2006) 26. ..Category: Criminal Law | Date: | Hits: 100
Selim Reza Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....Rule is made absolute without any order as to costs. The office is directed to communicate this order to the respondents for information. Ed. This Case is also Reported in: 58 DLR (2006) 1. ......the control over the said Cattle Hat, the aforesaid syndicate tried to ensure that the said Cattle Hat was not taken on lease in auction by any genuine auction purchasers and traders of the area on a free fair public auction. In most times, this syndicate headed by the UNO make a show of holding pub......etain control over them either keeping them under khas collection on the plea that no bidder turned up or that the bid was not satisfactory or by obtaining the lease on its price by preventing others from participating in the tender by resorting to positive act of coercion and intimidation. In this ......Rule is made absolute without any order as to costs. The office is directed to communicate this order to the respondents for information. Ed. This Case is also Reported in: 58 DLR (2006) 1. ..Category: Others | Date: | Hits: 114
Nizam Hazari Vs. State, 2001, 30 CLC (HCD)
....nal No.14, Chittagong in Special Tribunal Case No.757 of 1999 stand maintained. Lower Court Records be sent down immediately. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 475. ......any, is a procedural and technical one not affecting the merit of the decision of the case………….(20) Administration of criminal justice If offenders like the convict-appellant goes scot free without the result of criminality, crime would go unpunished and criminals will get encourageme......sted testimony in the case with some other independent circumstances in the case to create probable basis to base conviction on the basis of such evidence. Corroboration in such cases may come either from the words of an independent witness supporting prosecution story or such corroboration may also......nal No.14, Chittagong in Special Tribunal Case No.757 of 1999 stand maintained. Lower Court Records be sent down immediately. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 475. ..Category: Criminal Law | Date: | Hits: 58
Gurvinder Singh Vs. Secretary, Ministry of Finance and others, 1992, 21 CLC (HCD)
.... In the result, this Rule is disposed of on the above observations without any order as to costs. Communicate this order at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 434. ......aring of the naturalisation application in USA. Hence imposition of the travel restriction is arbitrary, unreasonable and mala fide. The petitioner has overstayed in this country not according to his free will but by orders of the Court and his overstay would not be taken into consideration to deter......ted, having its corporate office at 146 W 29th Suit No.6 New York 10001, USA of which he is the president. It is the case that his company imported millions of dollars worth of garment goods into USA from Bangladesh and the export is done mostly by air freight. The local office therefore generates n...... In the result, this Rule is disposed of on the above observations without any order as to costs. Communicate this order at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 434. ..Category: Fiscal/Taxation Law | Date: | Hits: 98
Hamza Rubber Industries Vs. Golam Dastagir Gazi, 2001, 30 CLC (HCD)
.... is also discharged and order of ad-interim injunction granted at the time of issue of the Rule is also vacated. Communicate at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 430. ......s including that of the defendant for registration is pending. Mr. Azmal submits that the suit is now posted for SD on 03-07-2001 next, which is not denied by Mr. Bhuiyan. If the parties are now left free of any opinion of this Division to fight out their cases within few months on the issue of infr...... No. 32 of 2000 by which the prayer of the plaintiff for temporary injunction was refused. 2. The plaintiff instituted the suit for a decree for perpetual injunction for restraining the defendants from manufacturing and marketing rubber cycle/rickshaw tyres imitating Trade Mark of the plaintiff c...... is also discharged and order of ad-interim injunction granted at the time of issue of the Rule is also vacated. Communicate at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 430. ..Category: Intellectual Property Law | Date: | Hits: 230
Osena Begum alias Babuler Ma and another Vs. State, 2003, 32 CLC (HCD)
....r case. Let a copy of this judgment be sent to the learned Additional Sessions Judge for his guidance. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (2003) 299. ......on various grounds. 28. Firstly, he submitted that in view of the evidence of PWs 9, 10 and 11 the learned Adalat fell in serious error in believing the dying declaration as true and voluntary and free from all doubts. 29. Secondly, he submitted that the variances and contradictions as appeare......did not take initiative. Then, they went to the house of father of the victim Hazera at village 'Dattapara' under 'Kalikachha' Union and found Hazera lying in a thatched hut. Whole body of the victim from neck to abdomen looked like roasted, horrible and she was restless from pain. He then, inquired......r case. Let a copy of this judgment be sent to the learned Additional Sessions Judge for his guidance. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (2003) 299. ..Category: Criminal Law | Date: | Hits: 49
Mrs. Aruna Sen Vs. Govt. of the People's Republic of Bangladesh and others, 1974, 3 CLC (HCD)
....this case involves substantial question as to the interpretation of the Constitution. Abdur Rahman Chowdhury, J.- I agree. Ed. This Case is also Reported in: 27 DLR (1975) HCD 122. ......t of West Pakistan and another Vs. Begum Agha Abdul Karim Shorish Kashmiri 21 DLR (SC) 1—PLD 1969 (SC) 14. The Constitution having highlighted the rule of law and the fundamental human rights and freedom in the preamble of the Constitution, and personal liberty being the subject of more than o......tly thereafter some members of the Rakkhi Bahini appeared on the scene and took away the said Chanchal Sen. The petitioner having failed to trace the whereabouts of her son after making all enquiries from the local police and also from the authority of the Dacca Central Jail issued a statement in th......this case involves substantial question as to the interpretation of the Constitution. Abdur Rahman Chowdhury, J.- I agree. Ed. This Case is also Reported in: 27 DLR (1975) HCD 122. ..Category: Constitutional Law | Date: | Hits: 291
Omar Ali Sheikh Vs. Shamsul Alam Mridha and others, 2002, 31 CLC (HCD)
.... the Rule is discharged without any order as to cost. The order of stay granted at the time of the issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 55 DLR (2003) 257. ......pears from the Ext Ka, the kabuliyat, as produced by the defendant-petitioner, that there was a condition that after expiry of 15 years the title of the suit land should be vested with the petitioner free from all encumbrances. As per provision of section 81 of the State Acquisition and Tenancy Act,......reement so the said agreement is invalid agreement in the eye of law. It is true that at the time of making agreement the defendant petitioner had no saleable interest in the suit land but it appears from the Ext Ka, the kabuliyat, as produced by the defendant-petitioner, that there was a condition ...... the Rule is discharged without any order as to cost. The order of stay granted at the time of the issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 55 DLR (2003) 257. ..Category: Property Law | Date: | Hits: 84
State Vs. A.K.M. Rafiqul Islam, 2010, 39 CLC (AD)
....aper books is dispensed with as prayed for. The order of stay granted earlier by this Court shall continue till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 55.......ch other hence the prosecution having been able to prove its case beyond all shadow of reasonable doubt and at this stage the impugned judgment and order of bail would create obstacle in the way of free-fair trial. In view of the above, the submissions of the learned Counsel for the petitioner ...... him dead. 3. After investigation police submitted charge sheet on 13.05.2007 against five accused persons and recommended to discharge the accused petitioner along with other 21 accused persons from the case. The informant of the case filed a naraji petition in the Court of Chief Metropolitan ......aper books is dispensed with as prayed for. The order of stay granted earlier by this Court shall continue till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 55...Category: Criminal Law | Date: | Hits: 42
Razia Sultana Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....annot now exercise its powers under Article 8 of the Order. In the result, this Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 366. ......re was one, lost its force by efflux of time. Besides, she claims in view of the provisions of Article 4 of the Order all shares and other proprietary interest of the company vested in the Government free of any charge, lien or other encumbrances, as such, the said agreement lost all its force on na......ut without any response and, as such, the petitioner obtained the present Rule. 3. At the time of issuance of the Rule on the prayer made on behalf of the petitioner the respondents are restrained from disturbing the petitioner's possession at the premises at holding No. 28, Hatkhola Road Dhaka i......annot now exercise its powers under Article 8 of the Order. In the result, this Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 366. ..Category: Business or Commercial Law | Date: | Hits: 194
Saifuzzaman (Md.) Vs. State and others, 2003, 32 CLC (HCD)
....4730 of 2001 arising out of Tejgaon PS Case No. 98 dated 28‑12‑2001 are hereby set aside. The detenus are released of their bail bonds. Ed. This Case is also Reported in: 56 DLR (2004) 324. ......ce powers of arrest, detention and interrogations has been streamlined by the Police and Criminal Evidence Act, 1984 based on the report of Sir Cyril Philips Committee. In general a police officer is free to put any question to any citizen, but no citizen has a duty to answer the question of the pol......hief Metropolitan Magistrate on 27‑3-2002. The learned Sessions Judge enlarged them on bail in that case on 1‑4‑2002 on Criminal Miscellaneous Case No. 1484 of 2002. Before they were released from the jail custody, the Dhanmondi Police prayed for showing them arrested in Dhanmondi Police Sta......4730 of 2001 arising out of Tejgaon PS Case No. 98 dated 28‑12‑2001 are hereby set aside. The detenus are released of their bail bonds. Ed. This Case is also Reported in: 56 DLR (2004) 324. ..Category: Criminal Law | Date: | Hits: 70
Harun‑or‑Rashid Vs. State, 2003, 32 CLC (HCD)
....f the prayer for bail of accused-appellant Harun be accordingly upheld. Copy be sent at once for information and guidance. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 318. ......n of granting or non-granting of bail to the accused. 12. Since the direction vide order dated 27-11‑2002 in Criminal Appeal No. 3161 of 2002 was directory in nature, learned Court below was free to decide the petition for bail on merit as per allegation and materials on record. From impugn......nd after hearing both sides appeal was dismissed on merit vide judgment dated 27‑11‑2002 with direction on Nari‑o‑Shishu Nirjatan Rajshahi to complete the trial of the case within four months from date of receipt of the order failing which accused appellant "may find bail to its satisfaction......f the prayer for bail of accused-appellant Harun be accordingly upheld. Copy be sent at once for information and guidance. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 318. ..Category: Criminal Law | Date: | Hits: 72
Pak Eastern Industries Ltd. Vs. DC, Dhaka and another, 2004, 33 CLC (HCD)
....hin a period of three months from date of receipt of this order, positively. Send down the records at once. Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004)259. ......ification in the official gazette that the Government has decided to acquire the requisitioned property and with such publication, the requisitioned property shall vest absolutely in the Government free from all encumbrances and the period of such requisition of such property shall end is the same...... and order dated 15‑1‑2003 passed by Joint District Judge and Arbitrator at Dhaka in Arbitration Case No. 296 of 2000. 2. The Rajdhani Unnayan Kartipakkha (RAJUK) also presented a cross-appeal from same order. 3. On or about 29‑11‑2000, the owner made an application under section 7(aaa......hin a period of three months from date of receipt of this order, positively. Send down the records at once. Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004)259. ..Category: Property Law | Date: | Hits: 77
Patwary Rafiquddin Haider Vs. State and another, 2002, 31 CLC (HCD)
....udgment. The question posed is answered accordingly. The Rule arising out of a petition for Anticipatory Bail, thus stands disposed of. Ed. This Case is also Reported in: 55 DLR (2003) 241....... is derived from the old French verb 'baillier' which means 'to give or deliver'. The word is also related to Latin word "bajulare" meaning to bear a burden. 7. 'Bail' in English Common Law is the freeing or setting at liberty of one arrested or imprisoned upon any action, either Civil or Crimina......not been defined in the Code of Criminal Procedure of 1898, although the expression 'Bailable Offence' and 'Non Bailable Offence" has been defined in section 4(1)(b). 6. The word 'Bail' is derived from the old French verb 'baillier' which means 'to give or deliver'. The word is also related to La......udgment. The question posed is answered accordingly. The Rule arising out of a petition for Anticipatory Bail, thus stands disposed of. Ed. This Case is also Reported in: 55 DLR (2003) 241...Category: Criminal Law | Date: | Hits: 79
Russel Vegetable Oil Ltd. Vs. Collector of Customs and others, 2000, 29 CLC (HCD)
.... two months. There shall be no order as to costs. Let a copy of this order be sent to the Commissioner of Customs, Chittagong. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 382. ...... two months. There shall be no order as to costs. Let a copy of this order be sent to the Commissioner of Customs, Chittagong. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 382. ......t up an Oil Refinery Industry under 100% Foreign Investment with the approval of the Board of Investment. 3. In course of business the petitioner company obtained an Indent on 22-8-94 (Annexure B) from Gardener Smith (South-East Asia) Private Limited, 37 Graig Road, Singapore for the import of 3,...... two months. There shall be no order as to costs. Let a copy of this order be sent to the Commissioner of Customs, Chittagong. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 382. ..Category: Fiscal/Taxation Law | Date: | Hits: 79
Commissioner of Taxes Vs. Bangladesh Rural Advancement Committee (BRAC), 1999, 28 CLC (HCD)
....estions put to us in the reference applications are in the affirmative. These two Reference Applications are accordingly disposed of. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 152. ...... on the facts and in the circumstances of the case the learned Taxes Appellate Tribunal is justified in treating BRAC “wholly charitable organisation” in so far as it is not engaged in dispensing free service”. iii) Whether on the facts and in the circumstances of the case the learned Taxes......he Appellate Joint Commissioner of Taxes the assessee preferred these two applications on the ground that they are not liable to any assessment as the assessee is a charitable trust which is exempted from any taxation. The Tribunal on hearing both the sides by order dated 10-7-1995 accepted the cont......estions put to us in the reference applications are in the affirmative. These two Reference Applications are accordingly disposed of. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 152. ..Category: Fiscal/Taxation Law | Date: | Hits: 99
Hanif Sheikh (Md.) Vs. Asia Begum, 1998, 27 CLC (HCD)
....he charges leveled against him. The accused petitioner is discharged from his bail bonds. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 129.......he surrendered herself to the carnal desire of the accused petitioner, which eventually led to her conception. If there was any co-habitation, it must be held in the circumstances of the case, on the free consent of a grown up man with a prudent and grown up woman without having recourse to the pret......e accused held out the Holy Koran in his hand and promised to marry her. Herein I find a significant departure in the prosecution case than what was made out in the petition of complaint. It is found from the evidence of PWs 2-3 that the accused had sexual intercourse with the victim on the promises......he charges leveled against him. The accused petitioner is discharged from his bail bonds. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 129...Category: Criminal Law | Date: | Hits: 67
Nurul Alam Chowdhury and another Vs. State, 1998, 27 CLC (HCD)
....In the background of the case it is found that the accused partymen are influential and affluent in the society in comparison with the informant partymen. In the facts and circumstances of the social environment prevailing in the country neighbouring people cannot normally be expected to depose agai......ned. The order staying realisation of fine granted earlier by this Courts stands vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 125.......ccused persons dragged informant Sakera and her uncle Mir Hussain to their house and kept them under confinement, tied with ropes. On their cries neighbouring people came and heard about the incident from them and hence the case. 4. The police after usual investigation submitted charge-sheet agai......ned. The order staying realisation of fine granted earlier by this Courts stands vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 125...Category: Criminal Law | Date: | Hits: 68
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