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Jalal Uddin and others Vs. State, 2003, 32 CLC (HCD)
.... Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 69.......juries sustained by the deceased Babul during occurrence along with the report of him from other PWs about the occurrence in the matter of taking part by the accused. The evidence of PW 5 is also not free from doubt, since he is a hear‑say witness like the other PWs. 12. PW 6, a police constabl......on 25th January, 1995 at about 5‑00/5‑30 PM went to their (informant) house being armed with Rurhal', 'Ramdao', 'Bolsira' etc., and attacked Abdul Kader, brother of the informant who was coming from Muktagachha Hat. The further case of the prosecution is that the deceased Babul on hearing alar...... Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 69...Category: Criminal Law | Date: | Hits: 28
Sirajul Islam @ Siraj and another Vs. State, 2003, 32 CLC (HCD)
.... Section 6 Ka of the Environment Conservation Act, 1995 empowers the Government to issue directions including imposition of ban or restriction on polythene shopping bag and other materials harmful to environment. 6. The petitioners do not dispute the fact of imposition of such ban and restriction...... entertain this application under section of 561A of the Code of Criminal Procedure and, as a result, the application is rejected summarily. Ed. This Case is also Reported in: 56 DLR (2004) 62. ......ক) under the Environment Courts Act. On this issue the petitioners have indirectly admitted in paragraphs 2 and 3 of the supplementary affidavit the authority of SI of Police. Moreover, it is found from DG, DoE notification No. পরিবেশ /1006 তারিখ 4-5-2002 eng that as SI of Po...... entertain this application under section of 561A of the Code of Criminal Procedure and, as a result, the application is rejected summarily. Ed. This Case is also Reported in: 56 DLR (2004) 62. ..Category: Environmental Law | Date: | Hits: 414
Nur Hossain (Md) Vs. Secretary, Ministry of Land and others, 1999, 28 CLC (HCD)
....stances of the case we find no substance in this writ petition and accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 275. ......-60 and since there is nothing to show that the Government decided to release the land in question in favour of the petitioner and since the land in question was acquired and vested in the Government free from all encumbrances, the petitioner has not acquired any right to get back the land only beca......cumstances for indefinite period. 5. Only respondent No.1 appeared in this case and filed affidavit-in-opposition stating, inter alia, that the land in question was acquired for cutting earth therefrom for the construction and improvement of Kamalapur Railway Station. Major portion of the acquire......stances of the case we find no substance in this writ petition and accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 275. ..Category: Property Law | Date: | Hits: 28
Amir Hossain Bhuiya (Md) Vs. Harisul Haq Bhuiya and others, 1999, 28 CLC (HCD)
....f receipt of the lower court records. Stay granted earlier by this Court is in vacated. Send down the lower Court records at once Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 267......., Hospital and Medical Centre run by the factory management can not be taken as profit making establishment. This kind of establishment is maintained for providing medical facilities to the employees free of cost. The contention of the learned Advocate of the opposite party No. 5 that pesh Imam, Mua......pesh Imam, Muazzins of the Mosque of the factory, the teachers and other employees of the educational institutions of the factory and the employees of the Medical Centre and Hospital get their salary from the fund of the factory. In the elections held previously the aforesaid categories of persons w......f receipt of the lower court records. Stay granted earlier by this Court is in vacated. Send down the lower Court records at once Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 267...Category: Labour and Industrial Law | Date: | Hits: 99
Mirza Abdul Bari Beg and Others Vs. Zahidannessa and others, 2001, 30 CLC (HCD)
....d. The executing Court is directed to proceed with the execution by issuing again the writ for delivery of possession to the decree-holders. Ed. This Case is also Reported in: 54 DLR (2002)344. ...... some convenient place, the substance of the decree. (3) Where a possession of any building or enclosure is to be delivered and the person in possession, being bound by the decree, does not afford free access, the court, through its officers, after giving reasonable warning and facility to any wo......on No. 2151 of 1998. By an order date 8-6-99 the Rule was discharged by this Division. Thereafter, on 22-6-2000 the petitioners made another application under section 151 of the Code for striking out from the prayer for execution the prayer for possession by removal of huts and trees The decree-hold......d. The executing Court is directed to proceed with the execution by issuing again the writ for delivery of possession to the decree-holders. Ed. This Case is also Reported in: 54 DLR (2002)344. ..Category: Property Law | Date: | Hits: 29
Kajemuddin Miah (Md) Vs. Bangladesh and others, 1999, 28 CLC (HCD)
....ting to treat all lands diluviated prior to 13th July, 1994 to have vested in the Government. There shall be no order as to cots. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 240. ......rt under any law for the time being in force and also all lands, so lost by diluvion under the said sub-section, which may re-appear on or after the said date, shall vest absolutely in the Government free from all encumbrances shall be at its disposal. (1) Notwithstanding anything contained elsew......hey shifted their residence and settled in Mouza Charbhadrason, Kallyanpur, etc. within the district of Faridpur in 1948. When the lands appeared the petitioner and other co-villagers took settlement from the Government and the usufruct thereof. Due to subsequent erosion the petitioner and co-villag......ting to treat all lands diluviated prior to 13th July, 1994 to have vested in the Government. There shall be no order as to cots. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 240. ..Category: Property Law | Date: | Hits: 68
....he certificate asked for, which is hereby issued.
There is however, no Order as to cost.
Sheikh Md. Zakir Hossain J.- I agree.
Ed.
This Case is also Reported in: 63 DLR (2011) 565.
......event proved that he had joined the liberation war under duress. Despite so many evidence to prove his unwilling participation, for the sake of honour and prestige of the war of liberation and of the freedom fighters, none wanted to expose him or his doings.”
32. The averments and submissions t......nstruments, inclusive of the proclamation of martial law itself, General Hussain Mohammed Ershad, purportedly, issued on assumption of power on 24th March 1982 and all other instruments that emanated from the authoritarian ruler during his de facto rule.
3. The petitioner has, to make out a ca......he certificate asked for, which is hereby issued.
There is however, no Order as to cost.
Sheikh Md. Zakir Hossain J.- I agree.
Ed.
This Case is also Reported in: 63 DLR (2011) 565.
..
Category: Constitutional Law | Date: | Hits: 482
Dr. Mohiuddin Khan Alamgir Vs. Government of the People’s Republic of Bangladesh, 2010, 39 CLC (AD)
.... rejection of nomination paper set aside in accordance with law, are of no consequence. The leave petition is accordingly dismissed. Ed. This Case is also Reported In: 62 DLR (AD) (2010) 425.......ion like acceptance or rejection of nomination paper of a candidate. 17. In holding against the maintainability of the writ petition in election disputes the real and larger issue of completion of free and fair election with promptitude and functioning of elective bodies like parliament is of gre......ission by order dated 8-12-2008 affirming the order dated 3-12-2008 passed by the Returning Officer, Chandpur rejecting the nomination paper of the petitioner in the 9th Parliamentary Elections, 2008 from the Constituency of 260-Chandpur-1 stating, inter-alia, that the petitioner was a permanent cit...... rejection of nomination paper set aside in accordance with law, are of no consequence. The leave petition is accordingly dismissed. Ed. This Case is also Reported In: 62 DLR (AD) (2010) 425...Category: Election Law | Date: | Hits: 127
Abdus Salam Vs. Md. Munshi Rashed Kamal & another, 2002, 31 CLC (HCD)
....here for the time being which is an illusion and this propensity has been a blot not only on the individual but also on the society. Although it is an illusion but that helped to make an infelicitous environment in the society, we have gathered this experience having dealt with the similar nature of......stay granted earlier by this Court is vacated. Let a copy of this judgment be sent to the Court of Chief Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 54 DLR (2002) 234. ...... learned Chief Metropolitan Magistrate, Dhaka under section 138 of the Negotiable Instruments Act of 1881, stating, inter alia, that the accused petitioner took loan of taka 10, 00,000 (ten lac) only from the complainant opposite party on 25-10-1999 for three months only. This transaction was made i......stay granted earlier by this Court is vacated. Let a copy of this judgment be sent to the Court of Chief Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 54 DLR (2002) 234. ..Category: Criminal Law | Date: | Hits: 62
Azimul Kabir (Md) Vs. Government of Bangladesh and others, 2001, 30 CLC (HCD)
....officials to take proper and adequate care and caution to ascertain that there are materials justifying the passing of an order of detention. Ed. This Case is also Reported in: 54 DLR (2002) 189.......ty must be subjective satisfaction; such satisfaction must satisfy the legislative provision and not colorable or mala fide, which condition the court shall look into to see that the order passed are free from infirmities. 21. We have been painfully observing that now a days the detaining authori......and social organisations in Chittagong and Dhaka. He is the Joint Secretary of main opposition political party, i.e. BNP, Dhaka City Executive Committee. 3. On 3-4-2001 while the detenu was coming from Sylhet by a domestic flight he was arrested from Zia International Airport, Dhaka by the police......officials to take proper and adequate care and caution to ascertain that there are materials justifying the passing of an order of detention. Ed. This Case is also Reported in: 54 DLR (2002) 189...Category: Criminal Law | Date: | Hits: 45
State Vs. Al Hasib Bin Jamal alias Hasib and five others, 2007, 36 CLC (HCD)
....absconding accused Ali Hasib Bin Jamal @ Hasib, Almas and Anif Mahmud alias Aurango @ Anga. Send down the lower Court's records at once. Ed. This Case is also Reported in: 59 DLR (2007) 653. ......om Bikrampur and he used to live in Dhaka. Accused Almas, Aurango, Taha, Khaja and Sohrab are men of Rupganj. He is not supposed to know them. So, his recognition of these five accused persons is not free from doubt. 61. In the case of Sanwar Hossain vs. State, 45 DLR 489 it was held that inordi......at the deceased had already been taken away to Dhaka Medical College Hospital. He heard the occurrence, searched for the assailants, seized a percussion cap of revolver having mark of pin as alamat from the place of occurrence under a seizure list and prepared a sketch map of the place of occurr......absconding accused Ali Hasib Bin Jamal @ Hasib, Almas and Anif Mahmud alias Aurango @ Anga. Send down the lower Court's records at once. Ed. This Case is also Reported in: 59 DLR (2007) 653. ..Category: Criminal Law | Date: | Hits: 40
Commissioner of Taxes Vs. Prime Bank Ltd., 2007, 36 CLC (HCD)
....peal to Appellate Division under section 162 of the Ordinance is rejected since we do not think that this is a fit case for appeal. Ed. This Case is also Reported in: 59 DLR (2007) 629. ......t of which capital loss was claimed and deducted was transferred and no consideration received. The Deputy Commissioner of Taxes did not notice at all such huge deduction though it found capital gain free from tax nil under section 32(7) of the Ordinance. 24. Such omission was first noticed ......ted 28-2-01 dismissed the appeal and maintained the order of the learned Inspecting Additional Commissioner of Taxes on the unrealised loss of said amount of Taka 18,15,67,643. On further appeal therefrom at the instance of the assessee, the Taxes Appellate Tribunal by its order dated 19-12-01 howev......peal to Appellate Division under section 162 of the Ordinance is rejected since we do not think that this is a fit case for appeal. Ed. This Case is also Reported in: 59 DLR (2007) 629. ..Category: Fiscal/Taxation Law | Date: | Hits: 82
Abdul Mannan Matubbar Vs. Bangladesh Water Development Board and others, 2007, 36 CLC (HCD)
.... considering his explanation." Accordingly, the Rule is discharged, however, without any order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 610; 13 MLR (HCD) (2008) 51. ...... present case, the impugned order cannot be sustained in view of non supply of the Inquiry Report along with the second show cause notice. But at the same time we also hold that the respondents are free from proceeding against the petitioner from the stage of the second show cause notice, if they ......himself. The principle of natural justice having been followed in this case we find no scope whatever for Court's interference with the authority's finding and decision imposing compulsory retirement from the service. The petitioner was appointed in the post of Sub-Assistant Engineer on 11-11-1982 u...... considering his explanation." Accordingly, the Rule is discharged, however, without any order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 610; 13 MLR (HCD) (2008) 51. ..Category: Employment/Service Law | Date: | Hits: 76
Superintendent Engineer, PWD & another Vs. A Mahiuddin and others, 2007, 36 CLC (HCD)
....e and the judgment and decree dated 4-3-2002 passed by the learned Joint District Judge, is hereby affirmed. Send down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 476. ......e and the judgment and decree dated 4-3-2002 passed by the learned Joint District Judge, is hereby affirmed. Send down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 476. ......residence of the officers and staffs of the concerned Ministry and, as such, the plaintiff cannot claim the suit land as a matter of right after the expiry of lease period. 23. It further appears from supplementary affidavit dated 23-7-2006 that as per direction of the Superintendent Engineer on......e and the judgment and decree dated 4-3-2002 passed by the learned Joint District Judge, is hereby affirmed. Send down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 476. ..Category: Property Law | Date: | Hits: 28
Iqbal Hossain Mollah Vs. Director, Plant Protection Wing and others, 2006, 35 CLC (HCD)
....led on behalf of the petitioner in accordance with law expeditiously. Communicate the judgment to the concerned authority at once. Ed. This Case is also Reported in: 59 DLR (2007) 458....... connection seeking his intervention in the matter. It is stated that under Import Policy Order 1997-2002, an SRO issued by the respondent No. 4 under the Import Control Act, 1950, table potatoes are freely importable but seed potatoes are importable subject to the conditions as set out in Table 'Kh......lture and the respondent No. 4 is Government of Bangladesh represented by the Secretary, Ministry of Commerce. In the course of his business, the petitioner imported 300 metric tons of table potatoes from India. Accordingly, he applied to the respondent No. 1 for issuance of import permit under Rule......led on behalf of the petitioner in accordance with law expeditiously. Communicate the judgment to the concerned authority at once. Ed. This Case is also Reported in: 59 DLR (2007) 458...Category: Business or Commercial Law | Date: | Hits: 219
Abdul Mannan Sheikh (Md) Vs. Soleman Bewa and others, 2007, 36 CLC (HCD)
....vacated. Send down the lower Court's record at once with a copy of the judgment for information and taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 392. ......he case of a disposition by a pardanashin lady the onus lies on the person relying on the disposition to establish that the deponent comprehended it thoroughly and made it deliberately and of her own free will. To discharge this onus it is not sufficient to show that the trial Court failed to consid......t and decree dated 25-3-2001. 15. A transaction namely, Heba-bil-Iwaz has been defined in section 168 of the Mohammadan Law in the following language: "A heba-bil-Iwaz, as distinguished from a heba or simple gift, is a gift for a consideration. It is in reality a sale, and has also the......vacated. Send down the lower Court's record at once with a copy of the judgment for information and taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 392. ..Category: Property Law | Date: | Hits: 26
Mobarak Hossain alias Jewel Vs. State, 2000, 29 CLC (HCD)
....e. We therefore find that the Rule merits no consideration and, as such, it should be discharged. In the result, the Rule is discharged. Ed. This Case is also Reported in: 54 DLR (2002) 135. ......a copy of the Judge’s charge to the jury or of any order or deposition or other part of the record under section 548, and for giving the accused a copy of the depositions taken after his commitment free of charge under section 219. None of these sections entitles the prisoner to a copy of the stat......gh there is no specific provision in the Code, but under section 548 of the Code an accused is entitled to obtain copies of the statements and, as such, the impugned order refusing the prayer suffers from illegality. 4. Mr. M Imman Ali, the learned Deputy Attorney-General opposing the Rule, submi......e. We therefore find that the Rule merits no consideration and, as such, it should be discharged. In the result, the Rule is discharged. Ed. This Case is also Reported in: 54 DLR (2002) 135. ..Category: Criminal Law | Date: | Hits: 25
Eskayef Bangladesh Ltd. Vs. Commissioner of Taxes, 2004, 33 CLC (HCD)
....and against the Department but other costs mentioned in the said question are answered in the affirmative. No order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 308. ......nance, 1984. However, in paragraph 12 of the reference application, it has been specifically stated that a sum of Taka 7,36,007.94 was paid as VAT under the head of the expenditure on distribution of free sample and this assertion has not been denied by the Department by filing any affidavit-in-repl......de under the head (a) Automobile expenses, (b) Printing and Stationery expenses (c) Medical expenses, (d) Uniform and Clearing expenses, (e) Carriage outward and also reducing the order disallowances from other heads. It also deleted the disallowance from miscellaneous expenses under the broad head ......and against the Department but other costs mentioned in the said question are answered in the affirmative. No order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 308. ..Category: Fiscal/Taxation Law | Date: | Hits: 64
Mokim alias Md. Mokim Vs. State, 2002, 31 CLC (HCD)
..... Let the appellant be set at liberty forthwith if not wanted in connection with any other case. Send down the case record expeditiously. Ed. This Case is also Reported in: 55 DLR (2003) 81. ......could recognise accused Mohiuddin, Sanwar and Osman at the time of occurrence. These accused persons including Mokim took him to village Bogaibagdi and kept him in confinement in a house. He was kept free in the said house, where there was arrangement of fooding and latrine and two persons were on g......der dated 10‑9‑1998 passed by the learned Additional Sessions Judge and Special Tribunal No. 3 Chuadanga in Special Tribunal Case No. 76 of 1997 arising out of GR Case No. 215 of 1995 originating from Alamdanga PS Case No. 9 dated 31‑5‑1995, convicting the appellant under section 387 of the ....... Let the appellant be set at liberty forthwith if not wanted in connection with any other case. Send down the case record expeditiously. Ed. This Case is also Reported in: 55 DLR (2003) 81. ..Category: Criminal Law | Date: | Hits: 38
Nurul Islam & others Vs. State, 1986, 15 CLC (HCD)
....m. It is directed that they should be set at liberty forthwith, if not wanted in any other connection. Sultan Hossain Khan J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 122. ......ek nobody could enter there until the police came at 8 A.M. in the morning. But his cross-examination he stated that the murder took place in his house at 9 A.M. on 3.10.76. He stated that out of his free will be sent a petition from Dhaka wherein it was stated that prosecution witnesses were gained.......R. that there was a quarrel between deceased Kanchan and accused Mofi Howlader over boundary dispute of a hut in the Bangla Bazar and Kanchan was also suspected for ousting Shahjahan by the Police from a Durga Puja Man dap on 1.10.76. It was also stated that Kanchan deposed against accused Salem,......m. It is directed that they should be set at liberty forthwith, if not wanted in any other connection. Sultan Hossain Khan J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 122. ..Category: Criminal Law | Date: | Hits: 27
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