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State Vs. Md. Sajjad Ali, 2014, 43 CLC (HCD)
....over and explained to the accused to which he pleaded not guilty and claimed to be tried. 10. In order to substantiate the charge against the condemned-prisoner, the prosecution has examined as many as 15 witnesses in this case. 11. After close of the recording of evidence of the prosecuti......yond all reasonable doubt and, as such, there is no good ground, to interfere with the impugned judgment and order dated 1-12-2008 passed by the learned Sessions Judge, Rajshahi by this Court at this stage; 2. the time of occurrence, place of occurrence and the manner of occurrence have be......ure when the matter of insanity was brought to the notice of the learned Sessions Judge, Rajshahi, he was under legal obligation to ascertain whether the allegation of insanity was true or not before proceeding with the case; 7. the impugned judgment and order dated 1-12-2008 cannot sustain in ..Category: Criminal Law | Date: 16 Jun, 2014 | Hits: 15
Engineer Abdul Md. Wadud Vs. State and another, 2014, 43 CLC (AD)
....LC 468 has been affirmed by the above judgment. Judgment Surendra Kumar Sinha J. - In this petition accused petitioner Abdul Wadud, former Managing Director of Rupantorita Prakritik Gas Company Limited seeks leave from a judg-ment of the High Court Division which refused to quash the proce......se of the petitioner. We find no merit in the contention of the learned counsel. The petition is accordingly dismissed. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 174 ...... this petition accused petitioner Abdul Wadud, former Managing Director of Rupantorita Prakritik Gas Company Limited seeks leave from a judg-ment of the High Court Division which refused to quash the proceeding initiated against him and others under sections 409/109 of the Penal Code read with secti..Category: Criminal Law | Date: 16 Jun, 2014 | Hits: 4
Mohoshin Miah (Md.) Vs. State and another, 2014, 43 CLC (HCD)
.... for the enactment of the law and the Rules...... (48) Since there appears no special defence case on behalf of the accused in respect of the trap case that the P.W. 1 who led the trap party had any connivance with Abdus Salam Khokon in order to make a trap, such a defect which might have been ......Salam Khokon expressed his inability to fulfill the demand of the accused to which the accused informed him that without the said amount his name will not be mutated for the said land but at one stage for the request of Abdus Salam Khokon he reducing the amount demanded Taka 4,000 with an advan....... In the referred case it has been held by this Court that any trap without the prior permission of the commissioner-in-charge of the investigation is bad and illegal in the law. As such, if any proceeding is started on the basis of such type of trap that is the abuse of the process of the law...Category: Anti-Corruption Laws, Criminal Law | Date: 10 Jun, 2014 | Hits: 8
Khandker Abul Hashem Vs. The Commissioner of Taxes, 2014, 43 CLC (HCD)
....ncome Tax Ordinance the Income tax authority is to deal with such return under the provision of Section 83A(1) of the Ordinance and there being a non-obstante clause containing “Notwithstanding anything contained in this Ordinance” the return filed thereunder shall be received by the Dep......e Court of Bangladesh is directed to take steps under section 161(2) of the Income Tax Ordinance, 1984. S.H. Md. Nurul Huda Jaigirdar J. - I agree. Ed. This Case is also Reported in: ......r 2003 an amendment has been introduced to section 83A by incorporating sub-section (5) providing that notwithstanding anything contained in section 83A, the Deputy Commissioner of Taxes may initiate proceeding under section 93 if definite information regarding concealment of income comes to his kno..Category: Fiscal/Taxation Law | Date: 9 Jun, 2014 | Hits: 3
Khandker Abul Hashem Vs. Commissioner of Taxes, 2014, 43 CLC (HCD)
....ncome Tax Ordinance the Income tax authority is to deal with such return under the provision of Section 83A(1) of the Ordinance and there being a non-obstante clause containing “Notwithstanding anything contained in this Ordinance” the return filed thereunder shall be received by the Dep......angladesh is directed to take steps under section 161(2) of the Income Tax Ordinance, 1984. S.H. Md. Nurul Huda Jaigirdar J. - I agree. Ed. This Case is also Reported in: ...... an amendment has been introduced to section 83A by incorporating sub-section (5) providing that notwithstanding anything contained in section 83A, the Deputy Commissioner of Taxes may initiate proceeding under section 93 if definite information regarding concealment of income comes to his kno..Category: Fiscal/Taxation Law | Date: 9 Jun, 2014 | Hits: 5
Government of Bangladesh and others Vs. Md. Abdul Karim, 2014, 43 CLC (HCD)
....illegal and directed the respondents to reinstate the petitioner in the service immediately and give him all arrear salary and other financial benefits. The Administrative Tribunal did not state anything as to whether the departmental proceeding started against the petitioner will be proceeded ......ioner the authority will be at liberty to consider the imposition of any penalty on the petitioner in that departmental proceeding again and that the departmental proceeding will remain stayed at the stage of awarding punishment until disposal of the criminal case filed against the petitioner on the......onj Food Godowan (LSD) he was put under suspension on the allegation of misappropriation of the Government goods/commodities of the said Fakirgonj Food Godown worth Taka 21, 61,200.79. A departmental proceeding under Government Servants (Discipline and Appeal) Rules, 1985 was started against the pet..Category: Civil Law, Procedural Law | Date: 9 Jun, 2014 | Hits: 4
Shafiqul Islam Vs. Bangladesh Bank and others, 2014, 43 CLC (HCD)
....llip;……….Petitioner Vs. Bangladesh Bank and others............Respondents Judgment June 1, 2014. Result: All the Rules are discharged. Bank Company Act (XIV of 1991) Section 5 GaGa Declaratory and Clarificatory Amendment—"Defaul......eading the petitioner as defendant No. 3. Accordingly, the said suit was decreed in favour of the bank and the bank filed Artha Execution Case No. 239 of 2005 for execution of the said decree. At one stage of the execution process, the judgment-debtors including the petitioner filed application befo......of loan granted by it. However, at the instance of the company, the Company Bench of the High Court Division, vide order dated 2-6-2009 passed in the said Company Matter No.60 of 1999, stayed further proceedings of the said Artha Rin Suit till disposal of the said winding up proceedings. 5..Category: Banking Law, Company Law | Date: 1 Jun, 2014 | Hits: 11
....has Jurisdiction over the Arbitration—
The decisions of the arbitration is subject to review by the Court, either at the time of mistake of some rules of the Court or on the application of any of the parties. There were arbitration proceeding which arrived in the contract by the parties b......hrough arbitration expeditiously.
The order of injunction granted earlier by the trial Court is hereby vacated.
Ed.
This Case is also Reported in: 15 BLC (HCD) (2010) 330
......;
The decisions of the arbitration is subject to review by the Court, either at the time of mistake of some rules of the Court or on the application of any of the parties. There were arbitration proceeding which arrived in the contract by the parties by signing it in open eyes and there were no..
Category: Arbitration Law, Civil Law, Procedural Law | Date: 28 May, 2014 | Hits: 7
Asad Ali (Md.) and another Vs. Golam Sarwar and others, 2014, 43 CLC (AD)
....and" means land. 'Land' does not mean 'holding' or 'tenancy'. Land can be divided by partition, holding can be divided by separation of 'joma'. After partition of any land by metes and bounds a co-sharer remains no more co-sharer of the land and loses all his rig......ourt below are set-aside and the case for pre-emption be dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 315. ......iled to take into consideration the distinction between land and holding…………………………….........................(15) In a proceeding under section 24 of the Act the question of co-sharership in the holding or tenancy is im..Category: Tenancy Law | Date: 28 May, 2014 | Hits: 22
.... Finance with the final approval of higher authority like other Ministry/department and authorities; under sections 5(1) (2) of the said Act, no authority is empowered to change the pay scale against any post. As per the provision of Rules 9(a)(7) of the Rules of Business, 1975, only the Finance Div......trative Appellate Tribunal, but for other grounds discussed above. Accordingly, the petition is dismissed.
Ed.
This Case is also Reported in: 67 DLR (AD) (2015) 127.
......s, could not also point out any provision from the Code (both the volumes) which provides for an appeal or revision against the audit objection of the instant nature. Admittedly, no departmental proceeding was initiated against the petitioner for taking excess amount against his salary and..
Category: Administrative Law | Date: 25 May, 2014 | Hits: 9
Amena Meher Vs. Md. Abdul Kader and others, 2014, 43 CLC (HCD)
....f 2012 between the same parties which covers the disputed land, the learned Joint District Judge has rightly refused the prayer for appointment of receiver by the impugned order which do not call for any interference by this Court. 7. We have heard the learned Advocate from both sides peru....... The office is directed to communicate this order to the Joint District Judge, 2nd Court, Pabna for compliance. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 61 ......t. Nasir Uddin Khan, Advocate—For the Respondents. FMA No. 308 of 2013 with Civil Rule No. 296 (fin) of 2013. Judgment Nozrul Islam Chowdhury J.— In a pre-emption proceeding under Mohammadan Law, the appellant is the pre-emptee who purchased the disputed land fro..Category: Civil Law, Procedural Law | Date: 19 May, 2014 | Hits: 3
Beautiful Bibi Vs. Md. Sydur Rahman, 2014, 43 CLC (HCD)
....n the plaintiff. Ultimately, on 14-4-2007, the defendant ousted the plaintiff and the child from the house. After repeated request, the defendant did not pay the unpaid dower to the plaintiff or any maintenance to the plaintiff and her son. So plaintiff filed the suit for realization of her unp...... the child was not entitled to maintenance. 17. Accordingly the appellate court modified the decree of the trial Court. 18. DNA test and additional evidence in Revision: At the initial stage of the hearing of the two Revisions, the issue of legitimacy of the child Md. Biman came up. T....... The photocopies of the said deposition and the Exhibits X, X (1) and X (2) attested by the Bench officer shall be retained. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 1 ..Category: Women and Children | Date: 19 May, 2014 | Hits: 29
State and another Vs. Abdul Kader @ Mobile Kader and others, 2014, 43 CLC (AD)
....r done by conspirator in reference to common design Where there is reasonable ground to believe that two or more persons have conspired together to commit an offence or an actionable wrong, anything said, done or written by any one of such persons in reference to their common intention, af......es thereafter, Thandu Member, Ataur, Mesher and Iqbal came there. Soon thereafter, Thandu Member left the place and after half-an hour, Abdul Quader, Sentu and other accused persons came back. At one stage, Thandu Member proposed that since all the persons assembled being members of the same ca......ce, Iqbal, Ataur and Thandu Haji were planning to cause serious harm to Moulana Kader. P.W.4 further told him that as he was close friend or respondent Abdul Quader, he should prevent the latter from proceeding with the plan otherwise something serious might happen in the locality. He further s..Category: Criminal Law | Date: 14 May, 2014 | Hits: 16
Asad Ali (Md.) and another Vs. Golam Sarwar and others, 2014, 43 CLC (AD)
....and" means land. 'Land' does not mean 'holding' or 'tenancy'. Land can be divided by partition, holding can be divided by separation of 'joma'. After partition of any land by metes and bounds a co-sharer remains no more co-sharer of the land and loses all his rig......sion and also that of the appellate Court below are set-aside and the case for pre-emption be dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 315. ......tural Tenancy Act the petitioner does not require to be co-sharer of the holding, but he requires to be co-sharer of the land. …………………. (15) In a proceeding under section 24 of the Act the question of co-sharer ship in the holding or tenancy is i..Category: Civil Law, Property Law | Date: 14 May, 2014 | Hits: 7
Abdul Hamid (Ujir) Vs. State and others, 2014, 43 CLC (HCD)
.... Nirjatan Damon Tribunal, Habigonj is hereby quashed. Send a copy of this judgment to the concerned Court immediately. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 154 ...... Nirjatan Damon Tribunal, Habigonj is hereby quashed. Send a copy of this judgment to the concerned Court immediately. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 154 ......is is an application under section 561A of the Code of Criminal Procedure. 2. In this Miscellaneous Case Rule was issued calling upon the opposite party to show cause as to why the impugned proceeding of Nari-o-Shishu Case No. 123 of 2009 arising out of Petition Case No. 152 of 2009 under ..Category: Criminal Law, Women and Children | Date: 8 May, 2014 | Hits: 5
Khan Mohammad Ameer Vs. Atiqur Rahman and others, 2014, 43 CLC (HCD)
.... Atiqur Rahman and others ...............Respondents Judgment April 30, 2014 Result: The appeal is allowed. Rejection of a Plaint— When a plaint does not disclose any cause of action only then question of rejection of a plaint would arise. A plaint with disc...... a cause of action, then the questions whether that cause of action was actually present, whether it was sufficient to file the suit etc., being question of fact cannot be decided at the initial stage and can be decided only on the basis of evidence at the time of trial.......(41) The cont......t is directed to proceed with the suit as per law. Send down the lower Court's records at once. Communicate the order. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 2008 ..Category: Civil Law, Procedural Law | Date: 30 Apr, 2014 | Hits: 6
Parul Nath and others Vs. State, 2014, 43 CLC (AD)
....wer to pass necessary orders in case of confiscation of the property at the time of disposal of the case either in the form of acquittal or conviction, but it has not provided the Tribunals with any power to deal with any seized property or alamots after the disposal of the case. The Tribunal h......If any Bangladeshi National is found in possession with Bangladesh currency notes of any amount, he cannot be taken to have committed any offence, under the law of the land and the proceedings at the stage of FIR can be quashed to secure ends of justice." (The High Court Division relied up......rge of the accused. However, section 29 of the Act, 1974 has provided that the provisions of the Code, so far as they are not inconsistent with the provisions of the Act, shall apply to the proceedings of the Special Tribunals, and such Special Tribunals shall have all the powers conferred..Category: Criminal Law, Property Law | Date: 27 Apr, 2014 | Hits: 8
Chittagong Steel Mills Ltd and another Vs. MEC, Dhaka & others, 2014, 43 CLC (AD)
.............................Respondents Judgment April 23, 2014. Result: The appeal is dismissed. Cases Referred to- WAPDA Vs. Khanzada Md. Abdul Haque Khan Khattak and Company, PLD 1990 SC 359. Lawyers Involved: Quamrul Hoque Siddique, Advocate, instructed by Mv......e do not find any substance in this appeal. Accordingly, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 66 DLR (AD) (2014)246. ......rther submits that the High Court Division erroneously came to a finding that cross objection as provided for under Order XLI, Rule 23 of the Code of Civil Procedure shall apply to a arbitration proceeding and relying on the said provision allowed the cross objection of the respondent by awardi..Category: Civil Law | Date: 23 Apr, 2014 | Hits: 10
State Vs. Shajahan Bepari and others, 2014, 43 CLC (HCD)
....f a case and the release of an accused would rouse the prosecution from its slumber and would necessarily subject it to accountability. The purpose was not to give the accused a right not to be tried any more on the same charge or a clean bill of acquittal, even if he was accused of a heinous crime.......made by the Government to the Court, where such proceedings were pending on the date they were stopped within ninety days from that date; and the proceedings thus revived shall continue from the stage at which they were stopped; Provided that where such Court is not in existence or has no ......as petitioner has challenged the legality and propriety of the order dated 20-8-1991 passed by learned Additional Sessions Judge, Fifth Court, and Special Judge, Dhaka (briefly as Judge) stopping the proceedings of the case and thereby releasing the accused opposite parties under section 339C (4) of..Category: Criminal Law, Procedural Law | Date: 3 Apr, 2014 | Hits: 3
AZM Tajul Islam vs. Government of Bangladesh and others, 2014, 43 CLC (HCD)
.... on the basis of seniority and/or pass such other or further order or orders as to this Court may seem fit and proper. And pending hearing of the Rule, there was an order of injunction from promoting any junior of the petitioner in the post of Chief Engineer (PWD) for a period of 6(six) months. ......seniority and experience, on the basis of the ACR within 15 days of receipt of this judgment and order. Ed. This Case is also Reported in: 20 BLC (HCD) (2015) 266. ......lidity of the statements of the petitioner, inasmuch as, no reason has been assigned by the respondents about exclusion of the petitioner from the list of eligible candidates and no departmental proceeding is pending against the petitioner, therefore he has very legal right to claim his promoti..Category: Administrative Law | Date: 3 Apr, 2014 | Hits: 6
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