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....044 of 2005.
Judgment
Mohammad Abdur Rashid J.- In the above Rule Nisi legality of three CRF certificates issued on 20.10.05 in respect 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......rized bills of entry were printed out. It was further stated that annexed bills of entry did not contain any order of assessment.
11. The procedure the customs authority has been following what is called "Journey of Computerized Bill of Entry under ASYCUDA ++ System" meaning Automated System of C......omes due after such final assessment is paid in cash within a period of two months of receipt of this order.
Communicate at once.
Ed.
This Case is also Reported in: 27 BLD (HCD) (2007) 555.
......: 27 BLD (HCD) (2007) 555.
..
Category: Fiscal/Taxation Law | Date: 17 Sep, 2007 | Hits: 66
Salima Akter Niluma Banu Vs. Shahin Shakhider and others, 2007, 36 CLC (HCD)
.... Vs. Shahin Shakhider and others…………………….Opposite Parties Judgment September 12, 2007. Result: The Rule is made absolute. Cases Referred to- BADC Vs. Abedunnessa and others, 7 BLT 297; Secretary of S......ication under Order VII Rule 11 of the Code is filed for rejecting the plaint on the ground that the averments made in the plaint do not disclose a cause of action for the suit, the Court is not called upon to decide the suit on merit on taking evidence. It is only the averments made in the pla...... the order dated 25-11-2004 rejected the plaint. 6. On appeal, the learned District Judge by the judgment and decree dated 27-04-2005 passed in O.C. Appeal No.1 of 2005 affirmed the order of the trial Court. 7. Feeling aggrieved the petitioner obtained the present Rule. 8. Mr. S.......ion) Present: Syed Md. Ziaul Karim J Salima Akter Niluma Banu………………………….Petitioner Vs. Shahin Shakhider and others…………………….Opposite Parties Jud..Category: Civil Law | Date: 12 Sep, 2007 | Hits: 3
Nazir Hossain (Md.) Vs. Zubaed Md. Adel and others, 2007, 36 CLC (HCD)
....ing that his brother, Md. Kamal Hossain had enmity which crept up from election of the Managing Committee of Mahuttuly Free Primary School with accused, Zubaed Adel. Earlier, Zubaed through his Personal Assistant initiated false criminal case against the informant and his men. Zubaed asked de......th Joney went at about 11 in the night to call Kamal, they found Kamal near Nira Nipa Pharmacy. There was a talk for 'kangali bhoje' on 15-8-2007 with Babul and Nazir. At that moment, this witness called Kamal, to which Kamal replied "দাঁড়াও আমি আসিতেছি" While he w......re. 4. Police took up investigation of the case and on completion of the same, submitted charge sheet on 2-3-2001 against the accused opposite parties. Eventually, the case record was sent for trial before the Sessions Court, where it was registered as Session Case No.408 of 2001. Learned A......t High Court Division (Criminal Revisional Jurisdiction) Present: Sharifuddin Chaklader J Nazir Hossain (Md.)....................Petitioner Vs. Zubaed Md. Adel and others.....................Opposite Parties Judgment September 5, 2007. Result:..Category: Criminal Law | Date: 5 Sep, 2007 | Hits: 8
Mosharraf Hossain (Md.) Vs. Bangladesh Bank and another, 2007, 36 CLC (HCD)
....to follow the-guidelines stipulated in FE Circular No.19. The Bank on 23-6-2001 issued a notice informing the petitioner that the inspection team of the Bank, during its inspection on 13-3-2001 found some irregularities about non-mentioning of rate in buying and selling of foreign currency, violatio......brahim Mollah, Advocate - For the Respondents. Writ Petition No.5662 of 2001. Judgment Zinat Ara J.- In this application under Article 102(2)(a)(ii) of the Constitution, the petitioner called in question the legality of the order dated 10-9-2001 issued by the Deputy Director, Banglade......find no merit in this Rule. Accordingly, the Rule is discharged without any order as to costs. The order of stay stands vacated. Ed. This Case is also Reported in: 13 BLC (HCD) (2008)98. ......n (Special Original Jurisdiction) Present: Zinat Ara J Sheikh Abdul Awal J Mosharraf Hossain (Md.)…………………………………………Petitioner Vs. Bangladesh Bank and another……………………………………………Respondents Judgment September 3..Category: Banking Law | Date: 3 Sep, 2007 | Hits: 403
Isahaque Ali (Md.) and others Vs. State, 2007, 36 CLC (HCD)
.... State……………………Respondent Judgment August 16, 2007. Result: The appeal is allowed. Burden of proof in cases involving severe punishment or life imprisonment The provision of law as regard burden of proof is, that in a case involving severe p......modesty of his wife, Monowara Begum. It is further stated that accused Enamul came there and tried his level best to snatch away the accused Aza from his hands but failed; that the accused Enamul called others to make accused Aza free; that the witnesses gathered there hearing hue and cry and h......tance. It can be used to corroborate the statement under section 157 or to contradict him under section 145 of the Evidence Act. It is always viewed with grave suspicion if the story made at the trial differs in material particulars from the story given in the first information report and such...... (2008) 354. ..Category: Criminal Law | Date: 16 Aug, 2007 | Hits: 9
State Vs. Tipu Gazi and others, 2007, 36 CLC (HCD)
....dul Awal J The State………………………………………………………….…….State Vs. Tipu Gazi and others……………………………………………..Condemned-Prisoners Judgment August 15, 2007. Result: The Criminal Appeal No.887 of 2004 is allowed...... 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. ...... who were arrested during the course of investigation as suspects. 7. After completion of necessary formalities in terms of the provision of section 339 B (1) of the Code of Criminal Procedure for trial of the absconding accused in absentia the learned Magistrate sent the record of the case to th......vision (Criminal Jurisdiction) Present: Sheikh Rezowan Ali J Abdul Awal J The State………………………………………………………….…….State Vs. Tipu Gazi and others……………………………………………..Condemned-Prisoners Judgment ..Category: Criminal Law | Date: 15 Aug, 2007 | Hits: 26
Mrs. Fatema Begum Vs. State, 2007, 36 CLC (HCD)
....Petitioner Vs. The State………………………………..........................................Opposite Party Judgment August 13, 2007. Result: The Rule is made absolute. Evidence oral or documentary in order to constitute prima facie case in support of t......nal was not complied and the complainant was not notified anything about the matter. 14. Be that as it may in our consideration tribunal overstepped its jurisdiction in rejecting complaint on so-called inquiry report based on extraneous matter and impugned order passed by the Tribunal without g......dence or material produced by the complainant at the enquiry not the oral testimony or any material adduced on behalf of the defence, being defence version which can be considered only at the time of trial and as such cannot be entertained by the Enquiry officer at the enquiry. The Enquiry officer o...... August 13, 2007. 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 t..Category: Women and Children | Date: 13 Aug, 2007 | Hits: 21
Islam Enterprise Vs. Commissioner of Taxes and another, 2007, 36 CLC (HCD)
.... a) Whether on the facts and in the circumstances of the case the Appellate Tribunal was justified in confirming the order of the Appellate Joint Commissioner of Taxes without assigning any cogent reasons for rejection of the books of accounts? b) Whether the Appellate Tribunal was justified in l......e in respect of major items are stated to be want of proof or verifiability etc. 18. It is now settled that as an assessee is obliged to prove each and every item of expense claimed as and when is called upon to and similarly, the Income Tax officer is not bound to accept such expenses unless he ......e applications under section 173 of the Ordinance in the negative and against the revenue and in favour of the applicants. No costs. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 425. ......……………………………………….Respondent Judgment August 9, 2007. Result: The references are returned with answer to the questions relating to enhancement of the receipts and rejecting summarily the applications under section 173 of the Ordinance in the negative and agai..Category: Fiscal/Taxation Law | Date: 9 Aug, 2007 | Hits: 31
State Vs. Saidul and others, 2007, 36 CLC (HCD)
....................Appellant Vs. Saidul and others………………………..Respondent Judgment August 9, 2007. Dying declaration when found reliable and true, can be the sole basis of conviction The dying declaration has been written by a responsible Magistrate in......d evidence on record. 43. In the case of Nurjahan Begum Vs. State reported in 42 DLR (AD) 130, our Appellate Division has held that a statement falling under section 32(1) of the Evidence Act is called a "dying declaration" in the ordinary parlance. It has further been held therein that a dying......albag Police Station Case No.13 dated 9-4-2002. The condemned prisoners Saidul @ Saidul Islam and Md. Adel @ Adil preferred Criminal Appeal No.4235 of 2003 and also Jail Appeal No.143 of 2004. During trial condemned prisoner Badil @ Badar was absconding and after conclusion of trial and pronouncemen......Division (Criminal Appellate Jurisdiction) Present: Md. Imman Ali J Md. Fazlur Rahman J State………………………......................Appellant Vs. Saidul and others………………………..Respondent Judgment August 9, 2007. Dying ..Category: Criminal Law | Date: 9 Aug, 2007 | Hits: 25
....
The rule is discharged.
Application of writ jurisdiction in cases under the Bankruptcy Act, 1997
The writ jurisdiction is not maintainable in cases under the Bankruptcy Act, 1997 for two reasons- Firstly, the Bankruptcy Act, 1997 is a special law and special provision is provided in sectio......, Advocate - For the petitioner.
Md. Mamnur Rashid, Advocate - For the Respondent No.2.
Writ Petition No.984 of 2000.
Judgment
Sheikh Abdul Awal J.- By this Rule Nisi the Respondents were called upon to show cause as to why the impugned Judgment and decree dated 13.09.1999 passed by the ......nt No.7) and thereupon, the plaintiff bank (Respondent No.2) fraudulently obtained the impugned Judgment and decree against the petitioner and others. The learned Advocate further submits that during trial of the suit the petitioner was totally unaware about the suit. On 18.10.1999 for the first tim...... Court Division
(Special Original Jurisdiction)
Present:
Zinat Ara J
Sheikh Abdul Awal J
Mosammat Momina Begum………………………Petitioner
Vs.
Additional District Judge and Bankruptcy Court, Dhaka and others…………….....Respondents
Judgment
August 9, 2007...
Category: Banking Law | Date: 9 Aug, 2007 | Hits: 565
Chairman, Rajdhani Unnayan Kartripakkha (RAJUK) Vs. A Rouf Chowdhury and others, 2007, 36 CLC (AD)
....s. 3-5 (In Civil Appeal No.131 of 2006). Civil Appeal No. 130 of 2006 with Civil Appeal No. 131 of 2006. Judgment Mohammad Fazlul Karim J.- Applications have been filed by (1) Faruk-al-Nasir son of MA Motaleb Mollah, Chairman, Shanin Group,(2) Bank Asia Limited, represented by its Managing ...... such officer or authority as may be prescribed against every order under sections 3, 3A, 3B, 4, 5, 6 or 9 and the decision of such officer or authority on such appeal shall be final and shall not be called in question in any Civil Court. 25. In compliance with the law, a notice dated 8-4-1999 un......d, as such, the same above the 6th floor is set aside. In the result, the appeals are allowed in part without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 28. ......zlul Karim J MM Ruhul Amin J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Hassan Ameen J Chairman, Rajdhani Unnayan Kartripakkha (RAJUK) ..........Appellant Vs. A Rouf Chowdhury and others.........................Respondents Judgment August 2, 2007. Cases Referred to-..Category: Property Law | Date: 2 Aug, 2007 | Hits: 114
Abdul Majid (Md.) Vs. State, 2007, 36 CLC (HCD)
..... Shofiul Alam Mahmood, Advocate - For the Respondent State. Criminal Appeal No.402 of 2000. Judgment SAK Md. Dabirush-Shan J.- This criminal appeal at the instance of sole accused-appellant Md. Abdul Majid is directed against the Judgment and order dated 29-2-2000 pa...... Chutta Nizam-pur and Shamsur of village Bara Nizampur came to the house of the informant and forcibly snatched away accused Majid. On the following day, Chairman and other people of the locality called a Salish to settle up the matter but the Chairman failed to settle up the matter as a result ......offence under section 6(1) of the Nari-o-Shishu Nirjatan (Bishesh Bidhan) Ain, 1995 and sentenced him thereunder to suffer imprisonment for life. 2. The prosecution case as unveiled during the trial was, that on 4-3-1999 informant Khodeja Khatun (P.W.1) lodged a written First Information Re......nbsp; Criminal Appeal No.402 of 2000. Judgment SAK Md. Dabirush-Shan J.- This criminal appeal at the instance of sole accused-appellant Md. Abdul Majid is directed against the Judgment and order dated 29-2-2000 passed by the learned Judge, Nari-o-Shishu Nirjatan Daman (Bishesh) Adalat..Category: Women and Children | Date: 24 Jul, 2007 | Hits: 159
Md. Hanifa and another Vs. State, 2007, 36 CLC (HCD)
.... Hanifa and another……………………Accused-Petitioners Vs. The State…………………….Opposite party Judgment July 17, 2007. Result: The Rule is made absolute. Lawyers Involved: Md. Abdul Motin Khashru, Advocate with Md. Ayub Hossain, Advoca...... 8 (eight) accused persons including these accused petitioners and unknown 2/3 others alleging, inter-alia, that at night on 29.08.06 at about 12.00 p.m. out of previous enmity the accused persons called and took away his younger brother Mainuddin from his house but later on he did not return ba......302/34 of the Penal Code, now pending in the Court of Magistrate, 1st Class, Narsingdi. Communicate the order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 66. ......s Case is also Reported in: 13 MLR (HCD) (2008) 66. ..Category: Criminal Law | Date: 17 Jul, 2007 | Hits: 3
....ort facts relevant for disposal of this appeal is that the suit
property originally belonged to Rabindra Lal Ghosh the father of the plaintiff
and the land contained mostly is a grazing land and in some portion of the suit
land they are possessing by constructing a house and rest portion by
cult......the appeal.
Consequently the appeal is dismissed without any order to cost.
Send down the lower
court records at once.
Ed.
This Case
is also Reported in: 28 BLD (HCD) (2008) 498.
......of Rabindra Lal Ghose and he has no title,
can not claim the property as it is beyond 100 bighas as per P.O. 98 of 1972 and the suit is maintainable and
prays for dismissal of the suit.
4. The trial court
after perusing the depositions of 14 witnesses and considering the evidences,
docume......d Muhammad Dastagir Husain J
Muhammad Abdul Hafiz J
Birendra Kishore
Ghose @ Gopal Krishna Ghosh……………………………………Appellant
Vs.
Government of
Bangladesh and others………………………………………………….Respondents
Judgment
..
Category: Property Law | Date: 7 Jun, 2007 | Hits: 6
Shaikh Md. Mahmud Hossain and others Vs. Md. Abdur Razzaque and others, 2007, 36 CLC (HCD)
....ant. No.8 Upazilla Education Officer, Shyamnagar) for the purpose of construction of Romjan Nagar Primary School thereon, subject to condition that the ownership of the lands will lie with the school so long it will remain thereon and that it will revert to the original owner donor in case the Schoo......st Court, Satkhira in reversing the judgment and decree dated 26.9.1989 in Title Suit No.79 of 1986 passed by the Assistant Judge, Upazilla Shyam Nagar, District Satkhira dismissing the suit has been called in question. 2. Facts relevant for the purpose of disposal of the rule in short, are that ...... filed some documents. The learned Assistant Judge on consideration of the materials on record was pleased to decree the suit. 8. Being aggrieved by the aforesaid judgment and decree passed by the trial Court, contesting defendants as appellant preferred Title Appeal No.2 of 1990 in the Court of ...... Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 177. ..Category: Property Law | Date: 6 Jun, 2007 | Hits: 27
Roni Ahmed Liton @ Liton Ahmed Roni Vs. State, 2007, 36 CLC (HCD)
....nd burden of proof The burden of proof lies on the party who substantially asserts the affirmative of the issue. In a criminal trial, the burden of proving the guilt of the accused beyond all reasonable doubts always rests on the prosecution and on its failure; it cannot fall back upon the evid......hmed Liton @ Liton Ahmed Roni under section 9 (1) of the Nari-o- Shishu Nirjatan Daman, Ain, 2000. 14. In the face of argument advanced by the learned Advocates of contending parties, we are now called upon to scrutinise the material evidence on record in order to come to a proper decision in t......872 (Act No. 1 of 1872); section 101 Presumption of innocence and burden of proof The burden of proof lies on the party who substantially asserts the affirmative of the issue. In a criminal trial, the burden of proving the guilt of the accused beyond all reasonable doubts always rests on t......ip;….Respondent Judgment June 3, 2007. Result: The appeal is allowed. The Evidence Act, 1872 (Act No. 1 of 1872); section 101 Presumption of innocence and burden of proof The burden of proof lies on the party who substantially asserts the affirma..Category: Women and Children | Date: 3 Jun, 2007 | Hits: 14
State Vs. Yeasin Khan Palash, 2007, 36 CLC (HCD)
....are dismissed. The Penal Code, 1860 (XLV of 1860); section 34 In order to attract the section 34 of the Penal Code, it must be established first that a criminal act has been done by several persons and secondly that all the participants intended that the criminal act should be done and lastly......he learned Advocate further submits that the impugned conviction for murder has in fact been based on the testimony of the partisan witnesses whose conduct appears to be suspicious inasmuch as the so-called eye witnesses deposed inconsistently as to the murder of deceased Mizan. Besides, their testi......y witnesses will examine amongst the cited witnesses for establishing its case against the accused persons.……………………………..(81) General tendency of the witness In a criminal trial, determination of fact is the main task before the court and such determination is dependent u......iminal Jurisdiction) Present: Md. Ali Asgar Khan J Sheikh Abdul Awal J The State……………………………State Vs. Yeasin Khan Palash alias Kala Palash alias Kaila Palash and others………….Appellants Judgment June 3, 2007. Result: The Appeals are dismis..Category: Criminal Law | Date: 3 Jun, 2007 | Hits: 20
State Vs. Monir Hossain & another persons, 2007, 36 CLC (HCD)
....pellate Jurisdiction) Present: Md. Anwarul Haque J Moyeenul Islam Chowdhury J State..........................................Appellant Vs. Monir Hossain & another persons.........Condemned-Prisoners Judgment May 27, 2007. Result: The Criminal App......made out by the prosecution is absolutely unbelievable and based on surmise and conjecture, than that on the basis of the cogent and credible evidence on record. In fact, the statement of the so-called eye-witnesses have become a parrot version who have tried to corroborate each other inspiring......n one judgment along with Death Reference No. 142 of 2003 since these two are the product of same judgment, under reference. 4. The prosecution version as unfolded during the course of trial, in short, is as follows:— On 20-7-1999 at about 6-00 PM while Kabul Kha, (hereinaf......3; State Vs. Ershad All Sikder, 8 MLR 133; Amir Hossain Howlader Vs. State, 1984 BLD (AD) 193; State Vs. Moslem, 55 DLR 117; State Vs. Sahidul Haque, 8 BLC 132; Rustum Vs. State, 11 BLC 467; Sarafat Mandal @ Mander Mondal Vs. State, 11 MLR 168 = 11 BLC 1; Mostain Mollah Vs. State, 44 DLR 295; Rajast..Category: Criminal Law | Date: 27 May, 2007 | Hits: 5
Shamsur Rahman Khalifa Vs. Jagodish Chandra and Others, 2007, 36 CLC (HCD)
......................Plaintiff-Petitioner Vs. Jagodish Chandra and Others.....................Defendants-Opposite Parties Judgment May 27, 2007. Result: The Rule is made absolute. Cases Referred to- Bangladesh Vs. Abdul Gani, 32 DLR (AD) 233; Sadananda Rana, 34 ...... at once. The defendants are restrained permanently from interfering with the peaceful possession of the plaintiff in the suit. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 873. ......State Acquisition and Tenancy Act by the defendants, it shows that they made a prayer for redemption and for getting delivery of possession. The injunction order granted in favour of plaintiff by the trial Court (by the Assistant Judge) was challenged before the learned District Judge, Bagerhat in M......ourt High Court Division (Civil Revisional Jurisdiction) Present: Shahidul Islam J Shamsur Rahman Khalifa......................Plaintiff-Petitioner Vs. Jagodish Chandra and Others.....................Defendants-Opposite Parties Judgment May 27, 2007. ..Category: Property Law | Date: 27 May, 2007 | Hits: 9
S. M. Rafiqul Islam Vs. Md. Monjurul Islam, 2007, 36 CLC (HCD)
....plication. 3. The application under section 19(1) of the Premises Rent Control Act was registered as Judicial Miscellaneous No.50 of 1998. 4. The Petitioner examined himself, as P.W.1 and also adduced another witnesses in support of his case. The opposite party No.1 examined himself as P.W...... S. M. Abul Hossain - For the Petitioner. No One appears - For the Opposite Party. Civil Revision No.2951 of 2002. Judgment Shahidul Islam J.- By this Rule the Opposite Party was called upon to show cause as to why the impugned Judgment and order dated 27.4.2000 passed by the le......ellaneous Case No.50 of 1998 is hereby affirmed. The office is directed to send down the lower Court's record at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 353. ......ears - For the Opposite Party. Civil Revision No.2951 of 2002. Judgment Shahidul Islam J.- By this Rule the Opposite Party was called upon to show cause as to why the impugned Judgment and order dated 27.4.2000 passed by the learned Joint District Judge, 3rd Court, Rangpur in Miscella..Category: Tenancy Law | Date: 3 May, 2007 | Hits: 149
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