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Sheikh Shahadat Hossain (Md.) Vs. National Board of Revenue, and others, 2013, 42 CLC (HCD)
....vision in view of sub-section (3) of Section 196G of the said Act. Send down the record of the lower authority. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 522 ....... 2. In Customs Appeal No.17 of 2008, the appellant Md. Shahadat Hossain, proprietor of M/s Shahadat Hossain, Seuzgari, Bogra, was proceeded against for alleged importation of excess wheats from India through Hilli Station, Dinajpur under Bill of Entry No. 4667 dated 11-6-2005 and Bill of ......vision in view of sub-section (3) of Section 196G of the said Act. Send down the record of the lower authority. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 522 ......menable to appeal before the High Court Division under section 196D. As regards the appeals before the Tribunal from the decisions of the Review Committee, Mr. Ariff points out that he has found four sources of appeals to the Tribunal, viz. two sources as mentioned under section 196A(1)(a) and ..Category: Fiscal/Taxation Law | Date: 25 Apr, 2013 | Hits: 2
Iftekharul Karim (Md.) Vs. State, 2013, 42 CLC (HCD)
....etropolitan Sessions Judge, Dhaka, and learned Special Judge, 3rd Court, Dhaka. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 211. ...... his companion forces while were on petrol duty for Keeping peace in Baitul Aman Jam-E-Mosque at Road No. 7 Dhanmondi residential area they saw that when the pious Muslims (Musallies) were coming out from the Mosque some 10/12 persons made an unlawful assembly on the road carrying a banner of the ba......etropolitan Sessions Judge, Dhaka, and learned Special Judge, 3rd Court, Dhaka. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 211. ......ppreciating the materials on record and thus, this sanction cannot be said a legal and valid sanction. In this connection the learned Advocate referred to the Cases of RK Pradhan Vs. State of Sikkim; source: cbi.nic.in/dop/judgments/sanc-tion.pdf,and Municipal Corporation of Visakha-patnam Vs.The St..Category: Criminal Law | Date: 4 Apr, 2013 | Hits: 4
Maku Rabi Das Vs. State, 2013, 42 CLC (AD)
....20. All these above facts and circumstances coupled with the evidence of P.W.1 and 2 Shona Moni we are inclined to hold that appellant is the author of this gruesome murder which also lends strong corroboration of the prosecution case as narrated in the FIR ext.I, lodged on the following morning......ame at about 4-00 PM and started gossiping with the Nainka Rabi Das. 3. However, Informant Dhiru Rabi Das, son of the deceased, went to nearby tea-stall for a cup of tea in and around 8-00 PM from where at about 8-30 PM he heard the alarm, raised from his house and instantly rushed there an...... find no merit in the appeal and accordingly it is dismissed. The confirmation of sentence of death is to be maintained. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 240. ...... find no merit in the appeal and accordingly it is dismissed. The confirmation of sentence of death is to be maintained. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 240. ..Category: Criminal Law | Date: 3 Apr, 2013 | Hits: 16
Dhaka City Corporation Vs. Firoza Begum & others, 2013, 42 CLC (AD)
....on are based on proper appreciation of laws and facts. Accordingly, the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 145. ......es regularity, predictability and certainty in Government's dealing with the public…………………..(21) Legitimate expectation may arise either from an express promise given on behalf of a public authority or from the existence of regular ...... expectation to be legitimate must be founded upon a promise or practice by the public authority that is said to be bound to fulfill the expectation and a Minister cannot found an expectation that an independent officer will act in a particular way or an election promise made by a shadow Minister do......on are based on proper appreciation of laws and facts. Accordingly, the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 145. ..Category: Constitutional Law, Employment/Service Law | Date: 6 Mar, 2013 | Hits: 17
State Vs. Romana Begum alias Noma, 2013, 42 CLC AD
....voluntary and true. The circumstantial evidence was found to be incompatible with the innocence of the convict respondent. The High Court Division observed that these circumstances furnish sufficient corroboration to the confessional statement made by the condemned-prisoner. The High Court Division,......e, but the defence examined none. The accused-person was examined under section 342 of the Code of Criminal Procedure in which again she pleaded her innocence. 6. The defence case, as it appears from the trend of cross-examination, was that the accused-person had been falsely implicated in the ......igh Court Division does not call for any interference by this Division. Accordingly, the criminal appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 183. ......igh Court Division does not call for any interference by this Division. Accordingly, the criminal appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 183. ..Category: Procedural Law | Date: 5 Mar, 2013 | Hits: 5
Abdul Wahab (Md.) Vs. State & another, 2013, 42 CLC (HCD)
....h the Special Case in accordance with law. Send a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 382. ......ct, 2004 before submitting police report, and the said sanction of the Anti-Corruption Commission was properly obtained by the Investigating Officer vide a letter dated 18-10-2009, which is available from the charge-sheet as well. The learned Advocate submits that section 32 of the Anti-Corruption C......h the Special Case in accordance with law. Send a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 382. ......ebut presumption Under the provisions of section 27(2) an accused shall have to rebut presumption about the allegation and explain his position regarding the acquisition of properties disclosing sources of income. Mere denial of allegation can not be taken into consideration in the instant proc..Category: Anti-Corruption Laws, Criminal Law | Date: 10 Feb, 2013 | Hits: 6
Abdullah-al-Noman Vs. State and another, 2013, 42 CLC (HCD)
.... trial of the case in accordance with law. Let a copy of this judgment be transmitted to the concerned court below at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 156 ...... Court of learned Metropolitan Senior Special Judge, Dhaka should not be quashed and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. It stands out from the record of the case that at the time of issuance of the Rule all further proceedings of the ...... trial of the case in accordance with law. Let a copy of this judgment be transmitted to the concerned court below at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 156 ......accused-petitioner alleging, inter-alia, that the Government on receipt of the information and after making preliminary enquiries became satisfied that the petitioner was in possession of pecuniary resources or properties which were disproportionate to his known source of income. Thereafter, on the ..Category: Anti-Corruption Laws, Criminal Law | Date: 24 Jan, 2013 | Hits: 8
Giasuddin-al-Mamun Vs. State and another, 2013, 42 CLC (HCD)
....warranted in law and disapproved by the Appellate Division. Accordingly, the application is rejected summarily. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 50. ......ce under section 2/4(2) of the Money Laundering Protirodh Ain, 2009. 35. In the first information report it has been alleged, inter alia, that accused Giasuddin-al-Mamun demanded money from one Begum Khadija Islam, Chairman of Nirman Construction, with assurance that an work order wou......warranted in law and disapproved by the Appellate Division. Accordingly, the application is rejected summarily. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 50. ......Tarique Rahman depositing US$ 54,982.42 by Supplementary International Gold Visa Card No. 4568-8170-1006-4122 in collusion with each other for making illegal gain knowing fully well about the illegal source of the money in foreign Bank Account spent those amounts in different countries and thereby c..Category: Criminal Law | Date: 17 Jan, 2013 | Hits: 11
Bayer Crop Science LimitedVs. The Commissioner of Taxes, 2013, 42 CLC (HCD)
.... The connected Rule being No.30 (Ref:) /2011 is disposed of accordingly. However, there shall be no order as to cost. FRM Nazmul Ahasan J. -I agree. Ed. This Case is also Reported in: ......he instant Reference Application with formulated question (a) to (h) but ultimately re-formulated the following question orally in Income Tax Reference Application No. 211 of 2011, seeking an opinion from this court; (1) Whether in the facts and circumstances of the case the Taxes Appellate Tribu...... The connected Rule being No.30 (Ref:) /2011 is disposed of accordingly. However, there shall be no order as to cost. FRM Nazmul Ahasan J. -I agree. Ed. This Case is also Reported in: ...... Whether in the facts and circumstances of the case, the taxes appellate tribunal was justified in disallowing the provision of discount of Tk. 4, 60, 76,035 on the ground of failure to deduct tax at source given that in view of the plain interpretation of section 53E only the manufacturer of the pr..Category: Fiscal/Taxation Law | Date: 3 Jan, 2013 | Hits: 85
Nazrul Islam (Md.) Vs. State, 2012, 41 CLC (AD)
....to one of imprisonment for life. Accordingly, the sentence of the convict Md. Nazrul Islam is modified to imprisonment for life. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 199. ......t house. At that time, his wife raised alarm and Tajul Islam, brother-in-law (ভাসুর) of the deceased, Afia Khatun, mother-in-law and other people went there, but the accused bolted the door from inside and tied up the hands and legs of his wife and inflicted boti dao blows on her face, che......e neck and different parts of the body with the heavy sharp cutting weapon. The occurrence was corroborated by the evidence of the mother and brother of the condemned-petitioner as well as other independent witnesses. In view of such evidence the conviction under section 302 of the Penal C......to one of imprisonment for life. Accordingly, the sentence of the convict Md. Nazrul Islam is modified to imprisonment for life. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 199. ..Category: Criminal Law, Procedural Law | Date: 6 Dec, 2012 | Hits: 6
Esrarul Huq Chowdhury Vs. Md. Amir Hossain, Advocate and another, 2012, 41 CLC (AD)
.... 5 (five) years is set aside and that passed by the Tribunal in the complaint case is restored. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 313,66 DLR (AD) (2014) 1. ...... is the foundation of the civilized society when there is a conflict between the most specific instructions of his client and his duty to the Court, the latter takes precedence. This is a dictate not from a code of law, but a higher code of honour, which, if disregarded, offends not only the rules o......pellant in wakf case out of the way and thus the respondent No.1 intended to represent conflicting interests and by the aforementioned two letters the respondent No.1 committed gross misconduct twice independent of the allegation of committing gross misconduct made in the original petition of compla...... 5 (five) years is set aside and that passed by the Tribunal in the complaint case is restored. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 313,66 DLR (AD) (2014) 1. ..Category: Others | Date: 28 Nov, 2012 | Hits: 23
Syeda Sajeda Chowdhury Vs. State, 2012, 41 CLC (HCD)
....ite. Since the said Writ Petition was withdrawn before the instant petition was filed, no legal complication arises. Farid Ahmed J. - I agree. Ed. This Case is also Reported in: ......n Commission Act 2004 (“the ACC Act”) asking the petitioner to submit the statement of assets in her name, her husband’s name or in the name of her dependants, within 7 working days from the date of the receipt of the said notice. The notice further stated that if the statement of ......ite. Since the said Writ Petition was withdrawn before the instant petition was filed, no legal complication arises. Farid Ahmed J. - I agree. Ed. This Case is also Reported in: ......ns 26(2) & 27(1) of the ACC Act and Rule 15 of the Emergency Power Rules 2007. It has been alleged in the F.I.R, inter alia, that the petitioner gained a total of Tk. 13, 75, 223 out of her known source of income and she, intending to keep the said amount in her possession, provided false and ba..Category: Anti-Corruption Laws | Date: 28 Nov, 2012 | Hits: 77
Giasuddin-al-MamunVs.State and another, 2012, 41 CLC (HCD)
....ceeding is unwarranted in law and disapproved by the Appellate Division. Accordingly, the application is rejected summarily. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 41 ......d/or such other or further order or orders passed as to this Court may seem fit and proper. 5. Record of the case need not be called for. 6. This Rule is made returnable within 2(two) weeks from date. Md. Faruque J.- In this revisional application under section 10(1A) o......ceeding is unwarranted in law and disapproved by the Appellate Division. Accordingly, the application is rejected summarily. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 41 ......Tarique Rahman depositing US$ 54,982.42 by Supplementary International Gold Visa Card No. 4568-8170-1006-4122 in collusion with each other for making illegal gain knowing fully well about the illegal source of the money in foreign Bank Account spent those amounts in different countries and thereby c..Category: Criminal Law | Date: 27 Nov, 2012 | Hits: 5
Rahmat Ali alias Shukkur Vs. State, 2012, 41 CLC (AD)
....o one of imprisonment for life. Accordingly, the Jail Petition No.15 of 2010 is dismissed with modification of sentence of death as stated above. Ed. This Case is also Reported in: ......esent ran and caught theaccused with the blood stained sword in his hand while he was trying to flee and handed him over to the police. The informant having been informed over telephone returned home from the Bazar and heard the occurrence, went to hospital and saw the dead body of his mother with b......rd that the condemned prisoner–petitioner previously had an argument with the victim and other family members. The incident was witnessed by the victim’s immediate family members as well as other independent witnesses. According to P.W.10 the petitioner having struck the victim with the sword ra......o one of imprisonment for life. Accordingly, the Jail Petition No.15 of 2010 is dismissed with modification of sentence of death as stated above. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: 26 Nov, 2012 | Hits: 145
Government of Bangladesh & others Vs. Md. Ghulam Mustafa and others, 2012, 41 CLC (AD)
.... the High Court Division calling for our interference. With the above observations and directions the petition is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 85. ...... of the object? (e) Further, it has been revealed by the students that, for a question, in a Bangla answer sheet there were 4 options while in English answer sheet there were 3 options to select from. 4. The students identified and suspected that around another 20-25 questions had such ano......r of the Dhaka University possesses the requisite experience in his or her specialized field," The learned Judges further observed that in their considered opinion the concerned experts are independent, neutral and actual professionals with the substantive experience and expertise wit...... the High Court Division calling for our interference. With the above observations and directions the petition is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 85. ..Category: Others | Date: 22 Nov, 2012 | Hits: 20
Khorshed and another Vs. State, 2012, 41 CLC (HCD)
....at the condemned-appellants are innocent and have been falsely implicated in the case and they made the confessional statements out of fear of the police does not receive any indication or support or corroboration from the evidence on record and attending circumstances of the case. By that reas......ulting in her instaneous death at the spot. Thereafter, her head was decapitated, wrapped up in a polythene bag and thrown away into a 'doba' at Garua Mouza at a distance of about 50/60 yards from Solia Mouza. On coming to know about the beheaded female dead body lying at Solia Mouza, the P.......the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 241 ......the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 241 ..Category: Criminal Law | Date: 20 Nov, 2012 | Hits: 8
State Vs. Kazi Mahbub-uddin Ahmed, 2012, 41 CLC (AD)
.... at all events, such confession may reasonably be taken to be true as against himself. A confession duly made and satisfactorily proved is, in general, sufficient to warrant a conviction without corroboration. As in the case of a deposition, so in the case of a confession of an accused, the ......ich must prove the offence beyond any reasonable doubt. If the accused proves that the probabilities of the case are greater on his side, the burden stands discharged. If the court is satisfied from the evidence, the examination of the accused and the evidence adduced by him, or from circumst......wife at the time of alleged occurrence and that P.W. 9 also failed to say anything in this regard. As regards the defence plea the High Court Division was of the view that "they (D.Ws.) were quite independent and disinterested witnesses and their evidences were confidence inspiring and command c......in the judgment of the High Court Division which calls for our interference. The appeal is, therefore, dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 210. ..Category: Evidence Law | Date: 14 Nov, 2012 | Hits: 21
State Vs. Kazi Mahbubuddin Ahmed, 2012, 41 CLC (AD)
....e; at all events, such confession may reasonably be taken to be true as against himself. A confession duly made and satisfactorily proved is, in general, sufficient to warrant a conviction without corroboration.……………………(5) Before discarding any confession, the trial court ne...... which must prove the offence beyond any reasonable doubt. If the accused proves that the probabilities of the case are greater on his side, the burden stands discharged. If the court is satisfied from the evidence, the examination of the accused and the evidence adduced by him, or from circumst......s wife at the time of alleged occurrence and that P.W.9 also failed to say anything in this regard. As regards the defence plea the High Court Division was of the view that they (D.Ws.) were quite independent and disinterested witnesses and their evidences were confidence inspiring and command c...... illegality in the judgment of the High Court Division which calls for our interference. The appeal is, therefore, dismissed. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 135...Category: Criminal Law | Date: 14 Nov, 2012 | Hits: 11
Shamsul Kabir Humayun Reza Vs. Anwarul Hasan and Others, 2012, 41 CLC (AD)
....etter for the inhabitants of Dhaka City." We find no merits in the petitions. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 37. ......). Judgment Md. Abdul Wahhab Miah J. - These four leave petitions have arisen out of the judgment and decree dated the 10th day of February, 2011 passed by the High Court Division in Appeal from original Decree Nos.357, 358, 346 and 327 of 2009 dismissing the appeals. 2. Identical fac......etter for the inhabitants of Dhaka City." We find no merits in the petitions. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 37. ......lood is required to make them leader then they might not tell lie and might not have done mischiefs to the nation which they are doing. I can rest a sure that except a few most of the leaders have no source of income. If head of institute sells his/her head then what remain. The person who is the be..Category: Evidence Law, Property Law | Date: 12 Nov, 2012 | Hits: 37
Anti Corruption Commission Vs. Md. Obaidul Karim and another, 2012, 41 CLC (AD)
....ment and order dated 25.09.2012 passed by the High Court Division in Criminal Miscellaneous Case No.19433 of 2012 be stayed till disposal of the appeal. Ed. This Case is also Reported in: ......in Criminal Miscellaneous Case No.19433 of 2012 making the Rule absolute and quashing the proceedings of Special Case No.30 of 2007 arising out of Metropolitan Special Case No.150 of 2007 originating from Dhanmondi Police Station Case No.9 dated 05.06.2007 corresponding to A.C.C. G.R. No. 48/2007, n......ment and order dated 25.09.2012 passed by the High Court Division in Criminal Miscellaneous Case No.19433 of 2012 be stayed till disposal of the appeal. Ed. This Case is also Reported in: ......concerned. 2. The prosecution case, in brief, is that the informant along with other forces were on patrol duty, on 27.02.2007, at Kalabagan area, Dhaka, when they came to know, from a reliable source, that one Jeep was kept in the custody of one Md. Abdus Salam, son of late Hasen, of Building..Category: Anti-Corruption Laws | Date: 4 Nov, 2012 | Hits: 611
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