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Abdus Sattar Vs. State and another , 1998, 27 CLC (AD)
....d-petitioner approached the High Court Division with an application under section 561A of the Code of Criminal Procedure for quashment of the said proceeding mainly on the grounds viz, (i) that the facts disclosed in the petition of complaint had no ingredient of any criminal offence and the dis......houdhury J Abdus Sattar…………………………………………..Petitioner Vs. State and another ……………………………......n has rightly refused the prayer for quashment of the proceeding. The petition is accordingly dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 187. ..Category: Criminal Law | Date: | Hits: 79
Mokaddesh Mondal and Others Vs. State and Others, 1998, 27 CLC (AD)
....ering the materials before him, ought to have deferred the matter till the time of framing of charge. 5. The contention of the learned Advocate seems to be reasonable. Whether in the facts of a particular case a higher section is attracted can be considered at the time of framing o......on (Criminal) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Mokaddesh Mondal and Others...................Petitioners Vs. State and Others........................... at the time of framing charge or even there-after. The petition is dismissed with observation as above. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 186. ..Category: Criminal Law | Date: | Hits: 74
Meghna Petroleum Limited Vs. Commissioner of Taxes (East Zone) Dhaka, 1998, 27 CLC (AD)
....on No.133 of 1991 filed by the appellant under section 160 of the Income Tax Ordinance, (XXXVI of 1984) deciding the questions of law referred to it against the appellant. 2. Material facts of the case are that, the appellant is a private limited company registered under the Compan......nce, 1984 (XXXVI of 1984), Section 160 The price differential or the windfall profit having been credited in favour of the BPC under a Government decision before it became an income in the hands of the appellant, the principle of diversion of income by over-riding title is fully attracte...... forthwith to the High Court Division for taking necessary steps in accordance with the Income Tax Ordinance, 1984. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 165. ..Category: Fiscal/Taxation Law | Date: | Hits: 97
Bangladesh Vs. Mahbubuddin Ahmed, 1998, 27 CLC (AD)
.... (ii) the High Court Division clearly acted without jurisdiction in passing the order as to salary, increment, promotion, etc. It was a gratuitous order not covered by any law nor justified in the facts of the case…………….(24) (iii) An order to be effectiv...... ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Chowdhury J Bangladesh, represented by Secretary, Establishment Division and others……………… Appellants Vs. Mahbubuddi......ntral Jail. Upon a writ petition filed on his behalf he was set free from detention by the High Court Division. He was also exonerated from various criminal cases instituted against him for want of evidence. After his release from Dhaka Central Jail on 18-8-77 he reported his joining at the Estab..Category: Administrative Law | Date: | Hits: 125
Bangladesh Railway and ors. Vs. Pranab Kumur Chakraborty and ors., 1996, 25 CLC (AD)
.... and realized land development tax from the respondents for the possession of the land in Suit and on the other hand, the appellant did not prove, though it was within their exclusive knowledge the facts as to how and in which manner the Railway Administration had acted in this matter and in what...... (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Bangladesh Railway and ors. ……………………………&he......ision but it neither flied any written statement nor opposed the suit or the appeal. No petition for leave to appeal was filed by the Government against the impugned judgment. On the one hand, the evidence produced shows that the Revenue Officers of the Government demanded and realized land deve..Category: Administrative Law | Date: | Hits: 130
Sunil Chandra Mondal and others Vs. Narayan Chandra Shil & others, 1996, 25 CLC (AD)
....tle Suit No. 40 1983. Court of Assistants Judge, Nazirpur (then Upazila), District Pirojpur raises the short question whether the amendment of the plaint was rightly allowed by the trial Court in the facts and circumstances of the present case and whether the High Court Division was justified in uph......8) 148. ...... High Court Division was far from justified in upholding the order of amendment. The appeal is, accordingly, allowed with cost. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 148. ..Category: Procedural Law | Date: | Hits: 149
Shahida Khatun Vs. Abdul Malek Howlader and others, 1998, 27 CLC (AD)
....High Court Division rightly did not encourage a transfer on a mere apprehension. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 147. ......un………………………………………………Petitioner Vs. Abdul Malek Howlader and others…………………….Respondents ......p;…….Respondents Judgment July 13, 1998. The Code of Civil Procedure, 1908 (V of 1908), Section 24(1)(b)(i) The petitioner has not given any hard evidence of the trial Court’s fear or favour of and for the District Judge concerned, who is ..Category: Property Law | Date: | Hits: 71
Ranu Begum and another Vs. Kazi Liakat Ali and others, 1997, 26 CLC (AD)
.... in Order 43, rule 1(r) of the Code of Civil Procedure. 2. The plaintiffs have now presented this petition seeking leave to appeal therefrom. They contend, that having regard to the facts of the case, the High Court Division was not justified in discharging the Rule. ......urt Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Ranu Begum and another.................................. Petitioners Vs. Kazi Liakat Ali and......cate that the said discretion was properly exercised by him. This petition is, therefore, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 142. ..Category: Procedural Law | Date: | Hits: 109
....rlier occasion, an order of injunction was found to inappropriate but the same cannot be a routine matter to be followed under all circumstances.
13. Mr. Ahmed upon referring to certain disputed facts as to difficulty of running the company involving the two Executive Directors (which we do not......
Present:
ATM Afzal CJ
Mustafa Kamal J
Latifur Rahman J
Md. Abdur Rouf J
Bimalendu Bikash Roy Choudhury J
Mohibul Ahsan (Md) (Shawan), Director, Ittefaq Group of Publication and others …………. Petitioner
Vs.
Ittefaq Group of Publication Ltd. represented by Mai...... High Court Division of non consideration of the said provision or any provision without making any submission before it on the basis thereof. However, the sub-section in question lays down a rule of evidence which can be invoked subject to proof of minutes of the proceeding of the meeting having be..
Category: Business or Commercial Law | Date: | Hits: 121
Commissioner of Customs, Chittagong Vs. Giasuddin Chowdhury and another, 1998, 27 CLC (AD)
....ions from relevant quarters. He or his authorised Advocate is entitled to a reasonable length of adjournment, if prayed for, to obtain instructions. What is reasonable notice will depend upon the facts and circumstances of each case, but if the Attorney-General alleges and proves to the satisf...... Rouf J Bimalendu Bikash Roy Choudhury J Commissioner of Customs, Chittagong…………………Appellant Vs. Giasuddin Chowdhury and another……………………...Respondents ......pon furnishing a proper bank guarantee for the balance as already assessed by the Customs Authority on the respondent. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 129. ..Category: Criminal Law | Date: | Hits: 119
Showkat Hossain Akanda Chowdhury Vs. State, 1997, 26 CLC (AD)
....im did not know the contents of the document and in such state he was made to execute the document by the accused. Moreover for a conviction of forgery there must be clear evidence as to the above facts which are the ingredients of the offence……………(5) Law...... Appellate Division (Criminal) Present: ATM Afzal CJ Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Showkat Hossain Akanda Chowdhury…………………….Accused-Petitioner ......eception practiced upon him did not know the contents of the document and in such state he was made to execute the document by the accused. Moreover for a conviction of forgery there must be clear evidence as to the above facts which are the ingredients of the offence………&hell..Category: Criminal Law | Date: | Hits: 92
Khandoker Saiful Islam Vs. State, 1997, 26 CLC (AD)
....ga, lathi, etc. The carriage of weapons by the two sides, established by evidence, saddles the accused persons with a disproportionate amount of armed preparation. 10. Secondly, the facts proved are that the accused petitioner caught hold of deceased Kadem Ali and gave an order to......te Division (Criminal) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Khandoker Saiful Islam…………………….Petitioner ......y extends to the voluntary causing of death if the offence which occasions the exercise of the right is an assault which may reasonably cause the apprehension of either death or grievous hurt. The evidence in the case must be such that the informant party was carrying on or was about to carry on..Category: Criminal Law | Date: | Hits: 96
Altaf Hossain Vs. State, 1997, 26 CLC (AD)
.... cannot be treated as corroborative evidence. The High Court Division found that the examination of the accused persons under section 342 Cr.P.C highly prejudiced them inasmuch as the incriminating facts and circumstances of the case against them were not brought to their notice to enable them to...... of 1860), Sections 302 & 302/149 Conviction under section 302/149, of the Penal Code is of vicarious liability but any conviction under section 302, Penal Code is of personal liability and the former one is different to that of the latter as to the manner of involvement. There havin......vicarious liability but any conviction under section 302, Penal Code is of personal liability and the former one is different to that of the latter as to the manner of involvement. There having no evidence on record that the alleged axe blow by the appellant is alone responsible for causing deat..Category: Criminal Law | Date: | Hits: 104
Nurul Islam (Md) Vs. Md. Ali Hossain Mia being dead his heirs Amir Hossain & ors., 1997, 26 CLC (AD)
....t No.1 did not even examine himself as a witness to deny the evidence of PWs 1 and 4. 11. The High Court Division thus appears to have fallen into an error of law in reversing the finding of facts arrived at by the trial Court, giving a finding that the finding of fact given by the trial Co...... Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Nurul Islam (Md) …… Appellant Vs. Md. Ali Hossain Mia being dead his heirs Amir Hossain and ors ……….Respondents Judgment March 9, 1997. The General Clauses ......reafter since May 10, 1986 the defendant has been depositing regularly the rent in the Court of House rent Controller, in House Rent Case No. 38 of 1986. 4. Besides production of documentary evidence the plaintiff examined 4 witnesses including himself as PW 1 and the defendant examined 3 w..Category: Tenancy Law | Date: | Hits: 93
Vice Chairman, Export-Promotion Bureau and Govt. of BD Vs.
....ade without lawful authority and of no legal effect. 7. The learned Counsel for the petitioner, Export Promotion Bureau, urged before us that the writ petition involved disputed question of facts for which no writ lay; secondly, the order of the Government upon which the impugned Notifica......;.Petitioner Government of Bangladesh………………………………….Petitioner vs Acqua Foods Limited and others……………………………Re......ification (Annexure-A to the writ petition) cannot stand, even without a challenge of the Government’s action. The leave petitions are, therefore, dismissed. Ed. ..Category: Business or Commercial Law | Date: | Hits: 117
Major (Retd) Ashrafuddin Sekander & Bernhard Rudigar and another Vs. State, 1998, 27 CLC (AD)
.... said Act and the order of conviction and sentence passed against him was set aside. 3. In both the two appeals under consideration, leave was granted only to consider whether in the facts and circumstances of the case proper discretion has been exercised in the matter of awarding ......minal) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Major (Retd) Ashrafuddin Sekander ……………….Appellant Bernhard Rudigar and......5,000.00, in default to suffer RI for 3 years more. Accused Moksudur Rahman and Air Commodore (Retd) Mainul Islam (absconder) were acquitted of the charge under section 25D of said Act for want of evidence. 2. The present appellants and accused Abu Taher Miah preferred separate app..Category: Criminal Law | Date: | Hits: 130
Subash Chandra Das & ors Vs. Bangladesh, 1994, 23 CLC (AD)
....peal setting aside the Order of the High Court Division. 4. It has been held that in the impugned decision that the High Court Division erroneously invoked section 12 of the Ordinance ignoring the facts of the case and wrongly directed the Deputy Commissioner, Dhaka to record an order to the effe......eal Here. Supreme Court Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Subash Chandra Das & ors ……………………..Petitioner Vs. Bangladesh, represented by the ......in that behalf to determine as to whether the proceeding stood abated under section 12. For the reasons, the petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 106...Category: Property Law | Date: | Hits: 89
Chalna Marine Products Ltd. Vs. Reliance Insurance Ltd. and others, 1997, 28 CLC (AD)
....ions of the learned Advocate for the plaintiff-appellant to consider the following submissions: “First, the High Court Division acted upon an erroneous assumption of facts in dealing with the issue of quantum of damages. The total number of master cartons in the f......cts Ltd…………………………………………….. Appellant Vs. Reliance Insurance Ltd and others……………………………&......ion of the stock of shrimps and prawns and of the damaged cartons given in detail in the schedule referred to in, and appended to the plaint. 5. The learned Subordinate Judge recorded the evidence adduced by five witnesses of the plaintiff-appellant and three witnesses of defendant- res..Category: Business or Commercial Law | Date: | Hits: 148
Shahabuddin (Md) & others Vs. Habibur Rahman and others, 1996, 25 CLC (AD)
....imitation. The contention seems to be a misconceived one. Construing the plaint as a whole we are unable to hold that Article 102 of the Limitation Act has any manner of application in the facts of the case. The question of limitation being a mixed question of law and fact should be deci...... Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Shahabuddin (Md) & others…………. Petitioners Vs. Habibur Rahman and others ……………...Respondents Judgment May...... Judgment May 15, 1996. The Code of Civil Procedure, 1908 (V of 1908) Order VII rule 11 The question of limitation being a question to be decided on examination of evidence and documents and also considering the relevant law in view of the reliefs prayed for, at ..Category: Property Law | Date: | Hits: 52
Abul Hossain Mollah alias Abu Mollah Vs. State, 1997, 26 CLC (AD)
....ained a Rule, which has been discharged by the impugned judgment and order. 3. Leave was granted to consider whether a legal and proper sentence has been imposed upon the appellant in view of the facts and circumstances of the case. 4. Kazi Shahadat Hossain, learned Advocate for the appellan......er section 471 of the Penal Code for four years along with fine instead of maximum of two years along with fine, the highest punishment provided for under section 471 being two years of imprisonment, and also considering the circumstance on record, the period of sentence reduced to the period alread......ame of his uncle recorded under mutation Case No. IXP-1-2239/80-81 in the Revenue Office, Kashiani Upazila. The appellant however denied the charge and claimed to be innocent. On consideration of the evidence of 10 prosecution witnesses the defence examining none, the trial Court found the appellant..Category: Anti-Corruption Laws | Date: | Hits: 71
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