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A.K. Azad Vs. Fakruddin and another, 2009, 38 CLC (HCD)
.... is discharged without any order as to costs. The order of injunction granted at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 135.......inding the Agreement of Sale dated 4.9.2002 is illegal, void and not binding upon the plaintiff and therefore, the defendant is bound to sale the property to the plaintiff once he receives possession from the government and the Agreement dated 4.9.2002 is still in force. b) Pass a decree of perma...... is discharged without any order as to costs. The order of injunction granted at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 135....... is discharged without any order as to costs. The order of injunction granted at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 135...Category: Property Law | Date: | Hits: 85
Shahidul Alam VS. Government of Bangladesh and others, 1994, 23 CLC (HCD)
....ey General prays for stay operation of the above order so as to enable them to move before the Appellate Division. The prayer is refused. Ed. This case is also Reported in: 47 DLR (AD) (1995) 15.......nistry of Home Affairs, Government of Bangladesh and Deputy Inspector General (Prisons) Dhaka Central Jail, Dhaka to show cause as to why Mr. Stefan Pirker, a foreign national, should not be released from custody on the ground that he had been detained illegally and without any lawful authority. ......ey General prays for stay operation of the above order so as to enable them to move before the Appellate Division. The prayer is refused. Ed. This case is also Reported in: 47 DLR (AD) (1995) 15.......for three years. As such, this allegation is also uncalled for and illegal. The learned Counsel further submits that the rest of the allegation including the allegation of expense is beyond the known source of income as made in the ground (Annexure‑E) is also vague inasmuch as only the expenses ha..Category: Criminal Law | Date: | Hits: 200
American Bureau of Shipping Vs. Commissioner of Taxes (South) Zone, Chittagong, 1994, 23 CLC (HCD)
....l dispose of these three Reference applications namely, Application Nos. 80, 81 and 82 of 1992. There shall be no order as to costs. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 1. ......anisation and is internationally recognized as a classified society operating in over 250 ports, approximately in 95 countries through its surveyors. In Bangladesh its branch unit is being operated from its office at Jiban Bima Bhaban, Agrabad, Chittagong with the special status of a company under......l dispose of these three Reference applications namely, Application Nos. 80, 81 and 82 of 1992. There shall be no order as to costs. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 1. ......r 25th March, 1971 on and from 26th March, 1971. 14. Section 4 of the original Act provided that total income of any previous year of any person includes all income profits and gains from whatever sources derived which are received or are deemed to be received in the taxable territories in such y..Category: Fiscal/Taxation Law | Date: | Hits: 159
Teli alias Mantu and others Vs. State, 2011, 40 CLC (HCD)
.... leveled against them. They are also released from their bail bonds. Send down the lower Court records. Naima Haider J. - I agree. Ed. This Case is Also Reported in: 21 BLT (HCD) (2013) 287. ......Uddin) cried out as some dacoits had broken the main gate of their house, entered into his (Jarip Uddin’s) room and started beating him. His (informant’s) brother Abul Kalam Azad (P.W.2) came out from his room, when three/four dacoits attacked him and two of them entered into his (Abul Kalam Aza......certificate and examining the doctor, which was necessary to prove an offence under section 397 of the Penal Code. 15. The appellants’ previous records appear to be clean in the charge sheet. No independent local witness, except Yakub Ali Dewan who had election feud with some of the appellants,...... leveled against them. They are also released from their bail bonds. Send down the lower Court records. Naima Haider J. - I agree. Ed. This Case is Also Reported in: 21 BLT (HCD) (2013) 287. ..Category: Criminal Law | Date: | Hits: 103
Shameem Ara and others Vs. Government of Bangladesh and others, 2011, 40 CLC (AD)
....t find any cogent reason to interfere with the impugned judgment of the High Court Division. Accordingly, these petitions are dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 78. ......e College would transfer to the University. He submits that, therefore, the service of the Principal, Vice Principal, Teachers, Officers and Workers of the College should automatically be transferred from the College to the University. He points out that the effect of Section 56(2)(Chha) was that al......rom that of the erstwhile College. As a Government College, the Principal, Vice-Principal, Lecturers and Teachers were deputed to the Jagannath College by the Government, whereas any University is an independent autonomous body which appoints its own teaching staff, officers and workers. This is gat......t find any cogent reason to interfere with the impugned judgment of the High Court Division. Accordingly, these petitions are dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 78. ..Category: Employment/Service Law | Date: | Hits: 134
State Vs. Jahangir Mallik, 2008, 37 CLC (HCD)
....onment for life and pay a fine of Taka 5000 in default to suffer rigorous imprisonment for 6(six) months. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 67. ......xamined under section 342 of the Code of Criminal Procedure to which they repeated their innocence and the defence did not adduce any evidence on their behalf. 8. The defence case as it transpires from the trend of cross-examination of the PWs and the suggestions put forward to the PWs is that vi......heir cross examination; that the prosecution has hopelessly failed to prove the charge under section 302 of the Penal Code against the accused person beyond any shadow of reasonable doubt by adducing independent, disinterested eye-witness of the occurrence. He further submits that the learned Judge ......onment for life and pay a fine of Taka 5000 in default to suffer rigorous imprisonment for 6(six) months. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 67. ..Category: Criminal Law | Date: | Hits: 87
....e.
Accordingly, the Award dated 8-4-2006 is hereby set aside.
There will be no order as to costs.
Ed.
This Case is also Reported in: 15 BLC (HCD) (2010) 20; 14 MLR (HCD) (2009) 441.
......itration proceeding including the making and signing of the Award is conducted by effective participation of all the members of the Tribunal, but in the instant case, there was a clear deviation therefrom. Mr. Hossain accepts the position that there may be an Award by the majority, but contends that...... SL Kapoor Vs. Jagmohan, reported in AIR 1981 SC 136, it was held:
"Non-observance of natural justice by itself causes prejudice to a party and proof of prejudice to a party and proof of prejudice independent thereof is unnecessary."
36. In "Law and Practice of International Commercial Arbitra......e.
Accordingly, the Award dated 8-4-2006 is hereby set aside.
There will be no order as to costs.
Ed.
This Case is also Reported in: 15 BLC (HCD) (2010) 20; 14 MLR (HCD) (2009) 441.
..
Category: Alternative Dispute Resolution | Date: | Hits: 385
State Vs. Anwar Hossain and others, 2008, 37 CLC (HCD)
.... convicts shooting the deceased is subsequent embellishment. Moreover, immediately after the occurrence they disclosed to none that they saw the convicts to shoot the deceased. More so, there is no corroboration of their such testimony. Therefore, this part of their evidence as to witnessing the......f by this judgment. 3. The prosecution case, in short, is that on 9-11-1999 at 5.00 PM accused Anwar Hossain and Abu Bakar called and took away deceased Zakir, the son of informant Abdur Rahim from their house for attending a meeting over law and order situation scheduled to be held in the B......in the company of the accused persons, who were playing cards. He farther submits that PWs 2, 3, 4, 6 and 9 as eye-witnesses testified that the accused persons shot the deceased to death. They are independent and disinterested witnesses, not partisan and inimical with the accused. There was no c...... sentenced to imprisonment for life. The jail appeals are accordingly, disposed of. Send down the lower Court's records at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 1. ..Category: Criminal Law | Date: | Hits: 67
Nur Mohammed alias Bog Master Vs. State, 1988, 17 CLC (HCD)
....tion and sentence passed against the accused-petitioner is set aside. Let the accused-petitioner be discharged from his bail-bond. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 301. ......hi having been charged under section 377 of the Penal Code. Out of 8 witnesses named in the charge sheet, prosecution examined only 3 witnesses including the informant. The defence case as it appears from the cross-examination of the P.Ws. is that the accused-petitioner is innocent and he has been f......f conviction on mere surmises and conjectures rather than on actual evidence on record and the appellate Court below also sat over the judgment of the trial Court without applying his judicial mind independently in upholding the order of conviction and sentence which has occasioned a serious mis......tion and sentence passed against the accused-petitioner is set aside. Let the accused-petitioner be discharged from his bail-bond. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 301. ..Category: Criminal Law | Date: | Hits: 92
Commissioner of Income-Tax Vs. M/S. Jamiluddin Corporation Ltd., Bogra, 1979, 8 CLC (AD)
....mputing the total income to the assessee. In the result, therefore, the appeals are dismissed but there will be no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 242.......in each of the companies and 75% on the net profit of the Jamil Soap Works Ltd. The relevant years of assessment are 1961-62, 1962-63 and 1963-64. The assessee has not shown any receipt of commission from any of these companies though all these companies made profits. It was represented that the ass......mputing the total income to the assessee. In the result, therefore, the appeals are dismissed but there will be no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 242.......me could be said to have accrued to the assessee is a question of law. 9. When the law itself says that in computing the total income of any previous years, income profit and gains from whatever source derived which accrue or arise or deemed to accrue or arise shall be taken into consideratio..Category: Fiscal/Taxation Law | Date: | Hits: 124
....ty Grants Commission (respondent No.2)" is stayed for a period of two months from date.
Ed.
This Case is also Reported in: 17 MLR (AD) (2012) 161; 17 BLC (AD) (2012) 84; 32 BLD (AD) (2012) 169.
......shan Campus but due to increase of number of students and programs in different campuses, it had to take new building. Having regard to the existing law, the petitioner informed and sought permission from the authorities to run programs at these campuses. However, none of these applications have bee......e petitioner further contended that according to section 3(5) of the বেসরকারী বিশ্ববিদ্যালয় আইন, ২০১০ (the Ain, 2010) a University can open any independent campuses or Universities in any part of the country in similar name. The petitioner has ......ty Grants Commission (respondent No.2)" is stayed for a period of two months from date.
Ed.
This Case is also Reported in: 17 MLR (AD) (2012) 161; 17 BLC (AD) (2012) 84; 32 BLD (AD) (2012) 169.
..
Category: Others | Date: | Hits: 197
Md. Rayhan Khokon Vs. State, 2011, 40 CLC (AD)
.... learned Advocate for the petitioner merit no consideration. In the result, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 156. ...... learned Advocate for the petitioner merit no consideration. In the result, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 156. ...... S.I. Md. Shah Alam Howlader inquired into the matter and submitted a report before the learned Metropolitan Sessions Judge, Dhaka that the allegations made in the G.D. entry could not been proved by independent witnesses. 9. The learned Metropolitan Sessions Judge cancelled the bail of the accus...... learned Advocate for the petitioner merit no consideration. In the result, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 156. ..Category: Criminal Law | Date: | Hits: 68
New Dacca Industries Ltd. Vs. Quamrul Huda & others, 1979, 8 CLC (AD)
....ons stated above we allow this appeal without any order as to costs. The judgment of the High Court is set aside and the writ re-called. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 234.......f 1974). Judgment Kemaluddin Hossain CJ.- The point involved in this appeal though a short one, is one of considerable importance, because of the different nationalisation legislations passed from time to time. The question is whether an employee of a Private Limited Company incorporated un......of India. 9. In another English case, that of the British Broadcasting Corporation Vs. Johns (1965) Ch Division 32, it was held that the British Broadcasting Corporation had been constituted as an independent legal person and not an instrument of government, and did not come within the class of p......ons stated above we allow this appeal without any order as to costs. The judgment of the High Court is set aside and the writ re-called. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 234...Category: Employment/Service Law | Date: | Hits: 104
Atahar Ali Sarder & others Vs. State, 1978, 7 CLC (AD)
....onsidered presently. The High Court, however, rejected the contention by holding that the Sessions Judge did not commit any illegality in using the committing Court's statement of P.W. 1, 2 and 5 for corroboration of their evidence in examination in chief before the trial Court without complying wit...... and 2 softened their evidence by saying that they could not recognise the accused as their faces and heads were covered with clothes P.W. 5 also stated in cross-examination that he saw the accused from behind and could not mark if the accused had their faces covered. P.W.6 was the only witness wh......hase from the prosecution witnesses an admission in their cross-examination." In the result, therefore, this appeal is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 227. ......hase from the prosecution witnesses an admission in their cross-examination." In the result, therefore, this appeal is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 227. ..Category: Criminal Law | Date: | Hits: 107
Shafiqur Rahman and others Vs. Nurul Islam Chowdhury and others, 1982, 11 CLC (AD)
....cessary to make any further observation in this regard. Order of the Court. By the majority judgments, the appeal is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 127. ......l Appeal No. 9 of 1981. (From the Judgment and Order dated April 2, 1981 passed by the High Court Division in Criminal Revision No. 402 of 1980.) Judgment Fazle Munim CJ.- This appeal arises from the judgment of a Single Judge of the High Court Division passed in Criminal Revision No. 40 of......sioned a failure of justice- The present Code gives the High Courts a much wider power by allowing it to act in its discretion. Sections 435 and 439 must be read together, because section 439 is not independent of section 435. In other words, section 439 should be read along with and subject to the......and examine such paper. The superior Court may act on the information derived from application filed by a party or it can act suo motu on any information and call for the record irrespective of the source of the information. The term "Criminal Court" has not been defined in the Code, but in genera..Category: Others | Date: | Hits: 135
Abdul Mannan and others Vs. Kulada Ranjan Mowali and others, 1977, 6 CLC (AD)
....urt fees payable on the Memorandum of Appeal so treated within six months from the date of the arrival of the records in the High Court. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 195.......ntiffs' right, title and interest in the disputed lands as Karsha tenants and for confirmation of their possession in the said lands as well as for a permanent injunction restraining the defendants from interfering with their said possession in any manner. This suit was renumbered as Title Suit ...... 41. Now we are faced with the question as to the interpretation and true import of sub-section (3) of section 87 of the Act. This sub-section, if read in isolation from the rest of the section and independently of the remaining provisions of the Act, would lead to some absurd result. All the thre...... dereliction also sometimes occur on the sea-coast which borders the southern and south-eastern limits of Bengal. The lands gained from the rivers or sea by the means abovementioned art a frequent source of contention and affray, and although the law and custom of the country have established r..Category: Property Law | Date: | Hits: 133
Khalil @ Khalilur Rahman and others Vs. State, 2008, 37 CLC (HCD)
.... and every circumstance mentioned in the confession with regard to the participation of the accused person in the crime must be separately and independently corroborated, nor is it essential that the corroboration must come from facts and circumstances discovered after the confession was made. Delib......-00 PM he locked up the said godown's door and handed over all responsibility to one Rezaul Karim who is the guard of the godown; that on the following day at about 8-00 AM the informant came to know from Jharudar Ekram that 10/12 unknown persons committed dacoity at Food godown at about 1-00 at Nig...... night guard misappropriated 122 bags of rice and that they have falsely implicated them in order to save themselves. They further submit that the trial Court failed to consider the evidence; that no independent and disinterested witnesses came to depose in support of the prosecution case and the wi......tion and sentence is affirmed and he will get benefit of section 35A of the Code of Criminal Procedure. Send down the LCR at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 309. ..Category: Criminal Law | Date: | Hits: 116
Atahar and others Vs. State, 2007, 36 CLC (HCD)
....ny other case and accused appellants Mutahar and Sohrab be discharged from their respective bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 302. ......ned under section 342 of the Code of Criminal Procedure to which they repeated their innocence and the defence did not adduce any evidence on their behalf. 9. The defence case as could be gathered from the trend of cross-examination is the total denial and their case, inter alia, is that the accu......he Code of Criminal Procedure, they were afforded with no information as to the circumstances and accusation which they were to explain, resulting in an illegality vitiating the entire trial; that no independent and disinterested eye-witness deposed in the case and even there is no unbroken chain of......ny other case and accused appellants Mutahar and Sohrab be discharged from their respective bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 302. ..Category: Criminal Law | Date: | Hits: 66
.... to the office of the Prime Minister and the Ministry of Disaster Management by a special messenger of this Court as soon as possible.
Ed.
This Case is also Reported in: 63 DLR (HD) (2011) 71.
......osal and, as such, necessary direction should be given to the Government in this regard. He lastly submits that the Rule should be treated as continuing mandamus so that this Court can give direction from time to time.
10. Mr. Razik-al-Jalil, the learned Deputy Attorney-General appearing on beha...... to the office of the Prime Minister and the Ministry of Disaster Management by a special messenger of this Court as soon as possible.
Ed.
This Case is also Reported in: 63 DLR (HD) (2011) 71.
......rogrammes of create awareness among the people about earthquake. In addition to the above measures, the Government has been trying to make available the proper rescue arrangement with its limited resource so that it can take proper steps, if any higher scale of earthquake hit the country.
8. T..
Category: Constitutional Law | Date: | Hits: 211
Zahidul Hasan (Md) and others Vs. State, 2004, 33 CLC (HCD)
....ed. The Deputy Commissioner, Sylhet is directed to make arrangement to return the money. Communicate the order to the Courts below at once. Ed. This Case is also Reported in: 56 DLR (2004) 630. ......tective Branch, Sylhet on 2‑9‑2003 lodged written first information report with the Kotwali Police Station (Sylhet) stating that on 2‑9‑2003 at about 14 hours he got a secret information that from Sylhet Airport a private car being No. Sylhet Ka‑5200 was going to Upashahar residential area......ed. The Deputy Commissioner, Sylhet is directed to make arrangement to return the money. Communicate the order to the Courts below at once. Ed. This Case is also Reported in: 56 DLR (2004) 630. ......s not prohibit carrying of Bangladesh currency of whatever the amount might be, from one place to another inside Bangladesh. It has not also made any provision for rendering any explanation about the source of such money. In this particular case there is no such allegation that he was carrying the m..Category: Criminal Law | Date: | Hits: 70
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