Search Options
Judgment Advanced Search
Displaying 761-780 of 4866 results.
State Vs. Babul Hossain, 2000, 29 CLC (HCD)
....t an advance order of release in respect of the condemned prisoners be sent to the District Magistrate, Chandpur. Send down the records. Ed. This Case is also Reported in: 52 DLR (2000) 400. ......he Act, and thereupon sentencing them to death by the judgment and order dated 23- 9-1997 passed in Nari-o-Shisu Nirjatan Daman Bishes Case No.16 of 1997, hereinafter in brief the case of the hereinbefore mentioned Adalat has made this reference (in the light of the provision of section 25 of the Ac......t an advance order of release in respect of the condemned prisoners be sent to the District Magistrate, Chandpur. Send down the records. Ed. This Case is also Reported in: 52 DLR (2000) 400. ......re sent to the Nari-o-Shisu Nirjatan Daman Bishes Adalat, Chandpur, hereinafter in short the Adalat, and thereupon Nari-o-Nirjatan Daman Bishes Case No.16 of 1997 was registered. 6. At the time of trial charge was framed against accused Babul Hossain, Sufia Khatoon and Abdul Latif under section 1..Category: Women and Children | Date: 4 May, 2000 | Hits: 115
Sunderban Taxtils Mills Vs. The Commissioner of Taxes, 1999, 28 CLC (HCD)
....is justified in holding that "only business income" of the tax holding undertaking of the applicant is exempted from tax during the tax holiday period and that the Deputy Commissioner of Taxes was right in taxing income from other sources" in Reference Application No.25 of 1993 the following que......ed of by this judgment. 2. The applicant Mills although not incorporated as a company under the Companies Act yet by a deeming provision in the Finance Act, 1973, it is treated as a company for the purpose of assessment of Income Tax. The assessee company obtained tax holiday benefit un......ences in question are fit cases to be taken to the Appellate Division and the prayer for certificate is, therefore, refused. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 57. ......759/- as "income from other sources" which includes interest income. 6. The reference application No.32/94 relates to the assessment year 1989-90 and in that assessment year income from industrial undertaking was disclosed at Tk. 5,32,13,051/- but the Deputy Commissioner of Taxes assessed..Category: Fiscal/Taxation Law | Date: 8 Dec, 1999 | Hits: 9
Golam Rahman (Md.) Vs. Md. Bazlur Rahman (Babu) and one other, 1999, 28 CLC (HCD)
....e to the conclusion that the offence, as alleged in the petition of complaint, was prima facie established for trial by the Special Tribunal under the provision of the Special Powers Act. As such, he rightly forwarded the case records to the Special Tribunal, Panchagarh and on consideration of the r......text of his friendship, on the night following 2-6-1993, the accused petitioner abducted his wife After futile attempts to trace his wife, the complainant opposite party No.1 filed the instant case before the learned Magistrate, First Class Panchagarh, on 7-6-1994, being Miscellaneous Case No.345 of...... dispose of the as expeditiously as possible preferably within six months from the date of receipt of the judgment this Court. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 566. ......case the Magistrate o receipt of the petition of complaint. (Annexure A to the petition) from the complainant, though investigated by a police officer sent the case record to the Special Tribunal for trial who illegally took cognizance of the offence against the accused-petitioner because the case w..Category: Criminal Law | Date: 2 Dec, 1999 | Hits: 46
.... of 1996 is also set aside. The learned Divisional Special Judge is hereby directed to proceed with the case in accordance with law.
Ed.
This Case is also Reported in: 52 DLR (AD) (2000) 8. ...... 1898), Section 494
It is well settled that consent mentioned in section 494 of the Code of Criminal Procedure is not to be given mechanically. The Court is to exercise its function judicially before giving such consent, which implies that the Court will have to examine the materials on which t...... of 1996 is also set aside. The learned Divisional Special Judge is hereby directed to proceed with the case in accordance with law.
Ed.
This Case is also Reported in: 52 DLR (AD) (2000) 8. ......was obtained before submission of the charge sheet. Thereafter the Senior Special Judge, Chittagong took cognizance of the case and then transferred it to the Divisional Special Judge, Chittagong for trial and 20-7-1996 was fixed for framing of charge. Cognizance was taken under the aforesaid sectio..
Category: Anti-Corruption Laws | Date: 10 Aug, 1999 | Hits: 94
Parveen and another Vs. State, 1999, 18 CLC (HCD)
....645 of 1999 is accordingly disposed of. Let the records of sessions case No.98 of 1999 be sent back to the Court below at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 473. ......ected against the order dated 13-4-99 passed by the learned Nari-O-Shishu Nirjatan Daman (Bishesh Bidhan) Adalat, Dhaka, in Nari-O-Shishu Nirjatan Case No.43/99 rejecting the prayer of the appellants for discharging them and framing charge against them along with other accused persons under section ......645 of 1999 is accordingly disposed of. Let the records of sessions case No.98 of 1999 be sent back to the Court below at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 473. ......ged on 4-9-98 by Mujibur Rahman, Assistant Superintendent of Police, CID under sections 6(1),(2)/14 of the Act. The short facts of the case as alleged are that, Shajneen, 15-year-old daughter of industrialist Latifur Rahman, was raped and murdered at his residence at Gulshan at any time between 8-00..Category: Women and Children | Date: 6 Jul, 1999 | Hits: 143
....hich is not supported by any law, whereby the liberty and freedom of a citizen is robbed by the State without any lawful excuse. In the name of the victim girl’s welfare her inalienable fundamental rights are violated by the State. The petitioner claims that she is only too aware about this inhuma......ld not be given upon the respondents as to why Ayesha Akhter (previously named as Dipali Pal Chowdhury) now detained in the Dhaka Central Jail under the guise of safe custody should not be produced before this Hon’ble Court so that the court may satisfy itself that the said Ayesha Akhter (previous......al Revisional Jurisdiction)
Present:
KM Hasan J
Md. Abdul Quddus J
Rokeya Kabir…………………………..Petitioner
Vs.
Government of Bangladesh through the Ministry of Home Affairs and others…………Respondent
Judgment
May 26, 1999.
Cases Referred To-
Gillick......dy and she is still there. We are again assured by the State that the security of the Centre may not be as tight as the jail custody but is safe enough to keep the girl there till the disposal of the trial.
20. Mr. Abdur Rashid, the learned Advocate, claims heavy damages against the petitioner fo..
Category: Women and Children | Date: 26 May, 1999 | Hits: 98
State Vs. Abdul Wahab Shah Chowdhury, 1999, 28 CLC (AD)
....here will be a specific statutory sanction of granting anticipatory bail with positive conditions and directions. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 242. ....... The Code of Criminal Procedure, 1898 (V of 1898), Section 498 Anticipatory Bail Per A.T.M. Afzal: Generally speaking the main circumstance as would entitle an order for extraordinary remedy of pre-arrest bail is the perception of the Court upon the facts and mater......here will be a specific statutory sanction of granting anticipatory bail with positive conditions and directions. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 242. ......y because an allegation of cognizable offence has been falsely made. 14. The provision for bail in a criminal case beginning from the initiation of a proceeding upto the conclusion of the trial has been made in Chapter XXXIX of the Code of Criminal Procedure. It is well settled that th..Category: Criminal Law | Date: 25 May, 1999 | Hits: 79
Hussain Mohammad Ershad Vs. The State, 1991, 20 CLC (AD)
....ers Vs. Emperor 18 Crl. Law journal 781 a gun was found in an abandoned room of a joint family house belonging to three accused who jointly managed the affairs of the joint family and exercised equal rights, and the room was accessible from outside. It was held that the accused could not be convicte......ult: The petition is dismissed. The Code of Criminal Procedure, 1898 (V of 1898), Section 561A Whether a criminal proceeding can be quashed on the ground of lodging of F.I.R. by the informant under order of the Home Ministry or on the denial of prosecution allegations by the accused ......m his possession. In Sudhanya Bawali & others Vs. Emperor 18 Crl. Law journal 781 a gun was found in an abandoned room of a joint family house belonging to three accused who jointly managed the affairs of the joint family and exercised equal rights, and the room was accessible from outside. It w......e arms seized, and whether the case of the petitioner falls within the immunity and the petitioner is entitled to avail of the scope of amnesty are questions of fact and be decided at the time of the trial on evidence and on comparison and verification of the seized arms with those that are exempted..Category: Criminal Law | Date: 26 Feb, 1999 | Hits: 58
Younus Ali and 3 others Vs. State, 1999, 28 CLC (HCD)
....e Nari-O Shisu Nirjatan Daman Bishes Adalat No.2, Bagerhat is quashed. A copy of the order be sent to the Court concerned. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 121. ......hereinafter referred to as the Act and against petitioners Md. Nurul Islam, Enayet Sarder and Hasan Sarder under section 14 of the Act, are, in short, that on 10-11-1990 at about 11.00 PM while the informant Nargis Parvin, wife of Bellal Hossain Khan, having felt sick was staying in the house of Akb......e Nari-O Shisu Nirjatan Daman Bishes Adalat No.2, Bagerhat is quashed. A copy of the order be sent to the Court concerned. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 121. ...... of the Act was committed by the petitioner No.1 and, as such, framing of charge against the petitioner No.1 under the said provision of section 9 of the Act is not legal. 16. To put a person on trial to answer the charge under section 9(kha) of the Act there must have been allegations that sai..Category: Women and Children | Date: 11 Jan, 1999 | Hits: 88
Hefzur Rahman (Md.) Vs. Shamsun Nahar Begum and another,
....igatory in the case of all divorced women and not merely in the case of women referred to in Ayat 236 of Sura Al-Baqarah (2). In any view of the matter mata’a is a voluntary gift payable by the righteous. A righteous man will please Allah and if righteous men give voluntary gift to all kinds o......ment December 3, 1998. (i) Muslim Law-Divorce and Maintenance-Meaning of ‘Mataa’ Per A.T.M. Afzal CJ: Mataa is something to which a divorced woman is entitled and which the former husband is under an obligation to pay seems to follow naturally from the Ayat (241, Sura Baka...... Hasan Bin Ali (R) gave his divorced wife 10,000 Dirhams in those days. It is our understanding that the Holy Quran has left the quantum of mata’a to the Godliness, sense of justice, equity and fairness on the part of the husband, since it is a voluntary payment. The liberal view (Tafsir Ibne ......onth for the maintenance of the son was legally bad on principle, for, the plaintiffs never complained against the said reduction. The defendant was the petitioner before the High Court Division. The trial Court allowed maintenance to both the plaintiffs @ Taka 1000.00 per month. The learned Distric..Category: Family Law | Date: 3 Dec, 1998 | Hits: 2262
Firoz Miah Vs. State, 1998, 27 CLC (HCD)
....r bail of the appellant which may be filed on behalf of the appellant after receipt of the record. Send down the LC Records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 37.......s Judge, Brahmanbaria in Special Powers Act Case No. 137 of 1991 convicting the appellant under section 6 of the Cruelty to Women (Deterrent Punishment) Ordinance, 1983 sentencing him to imprisonment for life and to pay a fine of Taka 5,000.00 in default to suffer RI for one year more. 2. The p......r bail of the appellant which may be filed on behalf of the appellant after receipt of the record. Send down the LC Records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 37.......ent Punishment) Ordinance, 1983. Then the case was sent to the Special Tribunal and charge was framed under section 6 of the above Ordinance. The accused persons pleaded not guilty and demanded their trial. The prosecution then produced 11 witnesses. Two witnesses were tendered and others were cross..Category: Women and Children | Date: 30 Nov, 1998 | Hits: 103
....ted to a specific case under investigation and that too without appropriate authorisation from the appropriate court. The impugned order is also unconstitutional as it is violative of the fundamental right of the petitioner guaranteed under Article 35(4) of the Constitution against himself which saf......as well as a member thereof. The petitioner was surprised and shocked when the respondent No.3 served a Memo No.758 dated 6- 10-93 purportedly written under section 161 of the Criminal Procedure Code for examining the petitioner in relation to the facts and circumstances of which was stated to be th......out lawful authority and to be of no legal effect.
In the result, the Rule is made absolute without any order as to costs.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 421.
......Whenever any Court or any officer in charge of a police station considers that the production of any document or other things is necessary or desirable for the purposes of any investigation, inquiry, trial or other proceeding under this Code by or before such Court or officer, such Court may issue a..
Category: Anti-Corruption Laws | Date: 15 Nov, 1998 | Hits: 181
Harun-or-Rashid and others Vs. Quyum Khan and others, 1998, 27 CLC (HCD)
....s giving a new lease of life to a dead proceeding which has been tried on merit and finally determined. Any amendment of the plaint relates back to the date of filing of the suit with a corresponding right to the defendants to have their say in the context of the amendments and thereby the entire pr......on No. 864 of 1997. Judgment Gour Gopal Saha J.- In this Rule the order dated 26-11-96 passed by the Senior Assistant Judge, Jamalpur in OC Execution case disallowing the petitioner’s prayer for making amendment in the schedule of the plaint and a corresponding amendment in the execution ca......he impugned order dated 20-6-96 passed by the Senior Assistant Judge, Jamalpur in Other Class Execution Case No.10 of 1990 is affirmed. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 150.......oposition of law is that, after a decree has been executed and fully satisfied there remains nothing more for the Execution Court to do. The amendment in the schedule of the plaint is a matter of the trial Court and is welt outside of the jurisdiction of the Executing Court, whose function is limite..Category: Property Law | Date: 12 Jul, 1998 | Hits: 31
Social Marketing Company Vs. Universal Pharmaceuticals Ltd. and another, 1998, 27 CLC (HCD)
....y of the parties except on an extreme urgency. With the above observation and direction this application is therefore disposed of. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 587. ......ther………………………….Opposite Parties Judgment June 4, 1998. Result: The application is disposed of with the above observation and direction. When any matter is placed before a Court of law for hearing, it is incumbent upon a particular judge to decide the matter in the......y of the parties except on an extreme urgency. With the above observation and direction this application is therefore disposed of. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 587. ...... appeal No.438 of 1997. Their Lordships of the Appellate Division also affirmed the decision of this Division and directed that the said Trade Mark Suit in question should be heard and disposed of by trial Court in accordance with law. But unfortunately, for the petitioner, the said suit was dismiss..Category: Civil Law | Date: 4 Jun, 1998 | Hits: 106
Forhad Hossain (Md.) and others Vs. State, 1998, 27 CLC (HCD)
....nd then shall discharge the two girls from the judicial custody after a reasonable time. Send down the LC records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 337. ......l Appeal No.106 of 1996. By this judgment we will dispose of both the appeal and the Rule. 2. On 21-1-95 one Md. Manik Miah, Sub-Inspector of Police, Detective Branch, Chittagong, lodged First Information Report with the Double Mooring Police Station alleging that on receiving secret informatio......nd then shall discharge the two girls from the judicial custody after a reasonable time. Send down the LC records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 337. ......o persons and ultimately submitted charge-sheet against them under section 5 of the Cruelty to Women (Deterrent Punishment) Ordinance, 1983. Consequently, the aforesaid accused persons were placed on trial before the Special Tribunal No.2 and 1st Court of Additional Sessions Judge, Chittagong, in Sp..Category: Women and Children | Date: 2 Apr, 1998 | Hits: 161
Lutful Karim and others Vs. Shahidullah and others, 1998, 27 CLC (AD)
....session has been erroneously not decided by the lower appellate court. For the above reasons, these petitions are dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 84. ......ructed by Sharifuddin Chaklader, Advocate-on-Record—For Respondent No.1 (In both the Petitions). Not represented—Respondent Nos.2-17 (In both the Petitions). Civil Petition for Leave to Appeal Nos.57 and 58 of 1998. (From the judgment and order dated 19-8-97 passed by......session has been erroneously not decided by the lower appellate court. For the above reasons, these petitions are dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 84. ...... Court of Assistant Judge, Chatkhil Police Station, District-Noakhali for cancellation of two kabalas, being, Kabala Nos.3466 and 3467 registered on 11-7-47. Both the suits were dismissed by the trial court. Against the aforesaid judgment and decree the plaintiff preferred Title Appeal Nos.88 a..Category: Civil Law | Date: 15 Mar, 1998 | Hits: 5
Makhon Lal Sarker Vs. Nihar Mondol alias Pagol and 8 others, 1998, 27 CLC (HCD)
....ay granted by this Court at the time of issuance of the Rule therefore stands vacated. The Lower Court records be sent down at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 464....... 8 from the case instead of taking cognizance against them under section 6 of the Cruelty to Women (Deterrent Punishment) Ordinance, 1983 by starting a Special Tribunal Case. 2. The facts relevant for the disposal of the present Rule is that, the petitioner as complainant filed a petition of comp......ay granted by this Court at the time of issuance of the Rule therefore stands vacated. The Lower Court records be sent down at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 464.......ave taken cognizance against all the opposite parties accordingly. The learned Sessions Judge is, therefore directed to register the present case as Special Tribunal case and take necessary steps for trial of the opposite parties by taking cognizance against them under section 6 of the Cruelty to Wo..Category: Women and Children | Date: 22 Jan, 1998 | Hits: 167
Idris Shaikh Vs. Jilamon Bewa and others, 1997, 26 CLC (AD)
....eason to differ. We have nothing to interfere in this case. The petition is dismissed accordingly. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 161. ...... December 11, 1997. Result: The petition is dismissed. The Code of Civil Procedure, 1908 [V of 1908], Section 148 In a case where a court passes a decree for specific performance of contract the court retains the jurisdiction to extend time under sectio......eason to differ. We have nothing to interfere in this case. The petition is dismissed accordingly. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 161. .......- This petition arises out a suit for specific performance of a contract for sale. The petitioner brought the suit to enforce the contract against respondents No. 1 and 2 who were defendants. The trial Court decreed the suit on 29 August, 1990. The defendants appealed therefrom. The learned Di..Category: Contract Law | Date: 11 Dec, 1997 | Hits: 221
Bangladesh Moktijoddah Kalyan Trust rep. by MD Vs. Kamal Trading Agency & others. 1997, 26 CLC (AD)
....it No.34 of 1991 of the (new) Court of Subordinate Judge, Narayanganj and the moot question for consideration is whether the trail court and the High Court Division in appeal, FA No. 63 of 1992, were right in holding that the defendant had accepted the offer of the plaintiff respondents to purchase ............Respondents Judgment November 6, 1997. Result: The appeal is allowed. The Contract Act, 1872 (IX of 1872), section 7 Defendant floated a tender inviting offers for setting its property to which plaintiff offered to purchase the same and sent a bank draft for 2......erest at the rate of 6% from 5-6-86 till realisation; failing which it will be executed as a money decree in the usual course. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 171. ......l over looking that the offer of the plaintiffs having not been accepted, there was no question of any promise even, not to speak of consideration which follows promise. Mr Islam also argued that the trial Court wrongly held that by encashing the Bank draft, the appellant had accepted the proposal. ..Category: Contract Law | Date: 6 Nov, 1997 | Hits: 292
Bimal Chandra Das alias Vim and 3 others Vs. State, 1997, 26 CLC (HCD)
....ilty of the accusation levelled against them and they are acquitted in this case. They are discharged from their respective bail bonds. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 466.......e No. 31 of 1992 convicting the accused-appellants under sections 4(B) and 9 of the Cruelty to Women (Deterrent Punishment) Ordinance, 1983 and sentencing each of them to suffer rigorous imprisonment for 3 (three) years and to pay a fine of Taka 10,000.00 in default to suffer rigorous imprisonment f......ilty of the accusation levelled against them and they are acquitted in this case. They are discharged from their respective bail bonds. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 466....... The informant lodged ejahar on the next day i.e. on 25-1-92 at 9-45 AM with the Kotwali police station. Police after investigation submitted charge sheet against the accused appellants. 3. During trial charge under sections 4(B)/9 of the Cruelty to Women (Deterrent Punishment) Ordinance, 1983 wa..Category: Women and Children | Date: 11 Jun, 1997 | Hits: 159
459486764668570559141927021743449074844637457411281377206871373844864917385