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Abu Safa (Md.) Vs. Abdul Momen Chowdhury, 2007, 36 CLC (AD)
....ppeal was filed by using fabricated and non-genuine papers and for non-compliance of the court's order dated November 28, 2007. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 17. ......te (appeared with the leave of the Court) instructed by Nawab Ali, Advocate-on-Record—For the Appellant. Dr. Kamal Hossain, Senior Advocate, instructed by, Syed Mahbubur Rahman, Advocate-on-record—For the Respondents. Civil Appeal No.57 of 2006. (From the Judgment and order da......ppeal was filed by using fabricated and non-genuine papers and for non-compliance of the court's order dated November 28, 2007. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 17. ..Category: Procedural Law | Date: 11 Dec, 2007 | Hits: 7
Md. Mokter Hossain Khan Vs. State, 2007, 36 CLC (AD)
....ace. It is all the more difficult for the prosecution to press Section 106 into service when the petitioner was also prosecuted for the murder of his baby daughter at the same time. We therefore find good deal of force in the points argued by the learned Advocate for the petitioner. The appeal ......as started. 3. The police after investigation submitted charge sheet against the condemned-prisoner Mukter Hossain under Sections 302/201 of the Penal Code and on receipt of the case record, the trial Court framed charge under the aforesaid Sections of the Pe......the absence of any proof beyond reasonable doubt that he was present in the occurrence house when the occurrence took place. It is all the more difficult for the prosecution to press section 106 into service when the petitioner was also prosecuted for the murder of his baby daughter at the same time..Category: Evidence Law | Date: 9 Dec, 2007 | Hits: 10
Fairdeal Marine Services, Fujairah, U.A.E Vs. M.V. PELEAS K and others, 2007, 36 CLC (HCD)
....t the party executing must show, not that that right is forbidden by the Code, but that it is conferred by the Code. There is nothing in the Code which expressly authorizes piecemeal execution, and a good many of the provisions of 0.21, which deals with execution, seems..........opposed to the idea ......mentioned and specified in Schedule 'A' to the application is hereby necessarily recalled and vacated. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 17. ......mentioned and specified in Schedule 'A' to the application is hereby necessarily recalled and vacated. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 17. ..Category: Admiralty Law or Maritime Law | Date: 6 Dec, 2007 | Hits: 19
Mainul Alam Vs. Anjera Begum, 2007, 36 CLC (HCD)
.... retransferred to the Court of the Senior Assistant Judge, Bhola. Intimate both the Courts below for necessary action. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 935. ...... of the suit also does not stand, as the Presiding Officer of the Court concerned has been transferred to another district long before. In the judgment we find apparent mistake in the face of the record that the Court erroneously considered the petitioner to be a resident of another place. Fur...... retransferred to the Court of the Senior Assistant Judge, Bhola. Intimate both the Courts below for necessary action. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 935. ..Category: Procedural Law | Date: 27 Nov, 2007 | Hits: 2
...., Conveyor Belt, Refractory Goods as inputs within the meaning of section 2(Ga) of the Value Added Tax Act, 1991, in short, the VAT Act by opening two letters of credit.
5. After arrival of said goods at different customs ports of Bangladesh, bills of entry were submitted and the goods were cle......fter arrival of said goods at different customs ports of Bangladesh, bills of entry were submitted and the goods were cleared by payment of the duty and other charges and VAT of taka 78,40,947.85 and recorded said input VAT to the credit in the Current Account Register for payment of the trading VAT......etitioner since the petitioner paid input VAT before such insertion.
21. Under sub-section (1) of section 9 of the VAT Act, any supplier or trader of the taxable goods or provider of the taxable service shall, in every tax period, be entitled to take rebate against the output tax payable on goo..
Category: Fiscal/Taxation Law | Date: 26 Nov, 2007 | Hits: 9
Mrs. Zakia Doha Vs. Rajdhani Unnayan Kartipakha, 2007, 36 CLC (HCD)
....hout any order as to costs. 40. Let the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 254. ......deed of lease. The Government has been possessing the case property through the Indian High Commission as an allottee thereunder. However, the petitioner attempted to get her name mutated in the records of the DIT (now RAJUK) submitting some fishy documents; but ultimately, her prayer for mutat......hout any order as to costs. 40. Let the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 254. ..Category: Abandoned Properties Law | Date: 15 Nov, 2007 | Hits: 6
Fazlu Alias Fazla Vs. State, 2007, 36 CLC (HCD)
....et at liberty forthwith if not wanted in connection with any other case. Sent down the lower court's record at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 659. ......f Mohanganj P.S. in his examination-in-chief stated that he filled up the FIR form and investigated the case. In course of his investigation he visited the place of occurrence, prepared the index, recorded the statements of the witnesses under section 161 of the Code of Criminal Procedure and ar......et at liberty forthwith if not wanted in connection with any other case. Sent down the lower court's record at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 659. ..Category: Women and Children | Date: 5 Nov, 2007 | Hits: 14
Md. Farid Hossain Vs. State, 2007, 36 CLC (HCD)
...., the accused, if in custody, should be released on bail even in a case on non-bailable offence unless there is any special reason. Inordinate and unreasonable delay in holding the trial provides a good ground for considering an application for bail even in a case involving grave offences……......st the accused-appellant fixing on 5.6.2005 for examination of P.Ws. Since then, several dates were adjourned for examining the prosecution witnesses. But the Tribunal has not yet been able to record testimony of any witness due to failure of the prosecution to produce them in the Court. O......s the privilege of bail at any stage of the trial. Send a copy of the judgment to the Court below at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 209. ..Category: Criminal Law | Date: 26 Sep, 2007 | Hits: 7
Muktijoddha Bahumukhi Samabaya Samity Vs. Bangladesh and others, 2007, 36 CLC (HCD)
.... জারীকৃত রুলটি খরচা ব্যতিরেকে এ্যাবসলিউট করা হইল। Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 418. ......Therefore, the writ petition is liable to be discharged. 8. In order to appreciate the submissions advanced by the learned Counsels, we have gone through the writ petition and other materials on record and given our anxious considerations to their submissions. 9. Now, the question which ca...... জারীকৃত রুলটি খরচা ব্যতিরেকে এ্যাবসলিউট করা হইল। Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 418. ..Category: Civil Law | Date: 20 Sep, 2007 | Hits: 43
....ohammad 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. The petitioner is stated to ...... to be delivered to an officer of customs any declaration, notice, certificate or other document, or makes any statement in answer to any question, or transmit any statement, document, information or record etc. and such document or statement is untrue in any material particular.
43. Sub-section ......nt No.1, it is stated that in the case the petitioner opened letter of credit on 24.08.05 mentioning the name of respondent No.4 as PSI agency, which was appointed under the PSI Order, 1999 and whose service was extended up to 31.08.05 by memorandum dated 30.06.05. Then, new PSI agencies were appoin..
Category: Fiscal/Taxation Law | Date: 17 Sep, 2007 | Hits: 66
Salima Akter Niluma Banu Vs. Shahin Shakhider and others, 2007, 36 CLC (HCD)
.... that the same disclosed the basic requirements laid down in Order VII Rule 11 of the Code. The grounds taken and the submissions made by the learned counsel for the opposite party no.1 may hold good at the time of trial after framing issue to that effect. 18. In the case of Sundar Al......posite No.1 opposes the Rule and submits that the opposite party no.1 already constructed a building in the suit land which is a commercial space. He adds that after considering the materials on record, the courts below rightly rejected the plaint, which calls for no interference by this C......6(six) months from the date of receipt of this judgment and order. Send down the records of this case at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 140. ..Category: Civil Law | Date: 12 Sep, 2007 | Hits: 3
Nazir Hossain (Md.) Vs. Zubaed Md. Adel and others, 2007, 36 CLC (HCD)
....ourt is correct version of the occurrence. 25. On cross by Jahangir Md. Adel, this witness stated that, due to jam during day time in Abul Khairat and Becharam Deory roads, the trucks carrying goods move at night and all the offices of the transports are open during night time. At the place ......nd homicidal in nature. 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......7-2003. In the result, this Rule is discharged. Communicate this order at once. Send down the lower Court records. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 849. ..Category: Criminal Law | Date: 5 Sep, 2007 | Hits: 8
Mosharraf Hossain (Md.) Vs. Bangladesh Bank and another, 2007, 36 CLC (HCD)
....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. ......e petitioner is in accordance with law. 13. Perused the writ petition, affidavit-in-opposition, affidavit-in-reply, supplementary affidavit filed by the respondents and considered the materials on record. 14. Admittedly, a Money Changer licence was issued by the Bank to the petitioner in accor......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. ..Category: Banking Law | Date: 3 Sep, 2007 | Hits: 403
BRAC Printers Vs. Chairman, First Labour Court and another, 2007, 36 CLC (HCD)
....arged without any order as to costs. The order of stay passed at the time of issuance of the Rule is hereby recalled and vacated Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 25. ......cases, the petitioner obtained 5 Rules from this Court. 16. Mr. A.K.M. Badruddoza, learned Advocate appearing for the petitioner in all the Writ Petitions, submits that there, was no evidence on record to hold that the petitioner terminated the services of the respondents for their trade union ......n activities and the management was looking for chance of getting rid of the workers involved in the activities of union including these workers-respondents. Ultimately, the petitioner terminated the services of these four workers involved in trade union activities on 13.7.2000. Each of the responde..Category: Labour and Industrial Law | Date: 28 Aug, 2007 | Hits: 19
Isahaque Ali (Md.) and others Vs. State, 2007, 36 CLC (HCD)
....e, who are already on bail by this Division, are discharged from their respective bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 354. ......case under review, circumstantial evidence falls far short of the legal test to be the basis of conviction of the accused appellants. In the facts and circumstances of the case and the evidence on record, we find no legal evidence on record to warrant conviction of the accused appellants under s......e, who are already on bail by this Division, are discharged from their respective bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 354. ..Category: Criminal Law | Date: 16 Aug, 2007 | Hits: 9
State Vs. Tipu Gazi and others, 2007, 36 CLC (HCD)
.... 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. ......er 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 the learned Sessions Judge, Patuakhali who registered it as Sessions Case No.7......doctor on duty. He proved the challan as ext.10 and his signature thereon as ext.10/1. Defence declined to cross examine him. 34. P.W.18 Md. Shahjahan stated in his deposition that he retired from service. On 24.3.2003 he was attached as a S.I. of police with Patuakhali Police Station. On that da..Category: Criminal Law | Date: 15 Aug, 2007 | Hits: 26
Mrs. Fatema Begum Vs. State, 2007, 36 CLC (HCD)
....om the date of receipt of this order in accordance with law after giving opportunity of hearing to the complainant petitioner. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 502. ......s with prayer for taking cognizance of the offence and issuing warrant of arrest against the opposite parties. 3. The learned judge of the Tribunal on receipt of the petition of complaint and on recording statement of the complainant petitioner on oath and after hearing the learned advocate app......om the date of receipt of this order in accordance with law after giving opportunity of hearing to the complainant petitioner. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 502. ..Category: Women and Children | Date: 13 Aug, 2007 | Hits: 21
Islam Enterprise Vs. Commissioner of Taxes and another, 2007, 36 CLC (HCD)
....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. ......led with the bank statements and books of accounts which were duly audited by chartered accountants? d) Whether the Appellate Tribunal was justified in not correcting the mistakes as apparent from record under section 173 of the Ordinance? 12. Mr. A. B. Siddique, learned Advocate for the appli......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. ..Category: Fiscal/Taxation Law | Date: 9 Aug, 2007 | Hits: 31
State Vs. Saidul and others, 2007, 36 CLC (HCD)
....written or oral, by the victim has got a special sanctity in the eye of law and when a dying declaration is found to be true and genuine, the Court can safely act upon it and by itself, it provides a good basis for conviction. In the case of the State Vs. Abdul Barek reported in 7 MLR (AD) 17 = 54 D......ion has been written by a responsible Magistrate in presence of the witnesses and the same had been duly proved and rightly and legally admitted into evidence. When the statement of the declarant was recorded, he was quite capable to speak and the language of the document appears natural and reliabl......ted in connection with any other case. Let the Lower Court Record along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 739. ..Category: Criminal Law | Date: 9 Aug, 2007 | Hits: 25
....ny order as to costs. The order of stay granted at the time of issuance of the rule stands vacated.
Communicate the order at once.
Ed.
This Case is also Reported in: 14 MLR (HCD) (2009) 29.
......r takes us through the writ petition along with the impugned Judgment and decree of the Bankruptcy Suit No.14 of 1999 and the application under section 40 of the Bankruptcy Act and other materials on record and then submits that the petitioner is mere share-holder of the borrower company and she did...... fraudulently in collusion with the bank obtained loan beyond the knowledge of the petitioner and the plaintiff bank (Respondent No.2) with the active help of defendant No.2 (Respondent No.4) showing service of notices/summons upon the petitioner (defendant No.7) and thereupon, the plaintiff bank (R..
Category: Banking Law | Date: 9 Aug, 2007 | Hits: 565
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