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Tareq Shamsul Khan alias Himu & others Vs. State, 2004, 33 CLC (HCD)
.... ‑Criminal Procedure, is set aside. Send a copy of this judgment to the Tribunal concerned at once for information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 622....... ‑Criminal Procedure, is set aside. Send a copy of this judgment to the Tribunal concerned at once for information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 622.......counter-case to the case which has been challenged in this proceeding and after‑thought of the accused of Motijheel PS Case No. 39(2) 2001. So, it is not befitting to state that the present case is independent to that of Motijheel PS Case No. 39(2) 2001‑ the proceedings of which has been stayed ...... ‑Criminal Procedure, is set aside. Send a copy of this judgment to the Tribunal concerned at once for information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 622...Category: Criminal Law | Date: | Hits: 71
Abdus Sattar alias Taku Sattar Vs. State, 2010, 39 CLC (HCD)
....ess his detention is required in connection with any other case. Send down the Lower Court Records. Communicate the order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 298. ...... bad searched the house of the accused's brother and arrested the accused Abdus Sattar. On interrogation he confessed that on 4-6-2002, he along with 8/10 persons, had stolen gun (বন্দুক) from village Naiter under the same Police Station. The gun was kept hidden in the bamboo clump of on......ess his detention is required in connection with any other case. Send down the Lower Court Records. Communicate the order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 298. ......002 by the informant P.W.1 Md. Jamiruddin, as Sub-Inspector of Police, briefly is that, on 13-10-2002 at about 10-05 PM the officer in charge of Kotwali Thana received an information through a secret source that Md. Abdus Sattar, suspected accused of Kotwali PS Case No.21 dated 9-6-2002 and Kotwali ..Category: Criminal Law | Date: | Hits: 65
A. M. Anwarul Haque Vs. State, 2011, 40 CLC (HCD)
.... set aside. The appellant is released from his bail bond. Send down the lower Court’s records with a copy of this judgment. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......lt to suffer rigorous imprisonment for another one year. 2. Prosecution case, in brief, is that the Officer-in-charge of Naoapara food godown, Mirza Monwar Hossain was in charge of the said godown from 11.3.1987 to 4.1.1991. He died on 5.1.1991. On his death the District Food Controller, Habiganj...... set aside. The appellant is released from his bail bond. Send down the lower Court’s records with a copy of this judgment. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......uld have been taken earlier, the present situation would not arise. Lastly he admitted that the Officer-in-charge (indicating Mirza Monwar Hossain) was individually liable. He could not say about the source, from where they received the information of the alleged misappropriation. 10. 9. P.W.2, M..Category: Criminal Law | Date: | Hits: 61
Afruj Miah Vs. Jira Miah and another, 2011, 40 CLC (HCD)
....sult, the Rule is discharged. The stay granted at the time of issuance of the Rule is vacated. Communicate a copy of the judgment. Md. Rais Uddin J. - I agree. This case is also Reported in: ...... his brothers were trying to take forcible possession of the case land (as described in the 1st and 2nd schedules of the miscellaneous case). He claimed title over the case land by way of inheritance from his father Idris Ali and asserted his exclusive possession over 42 decimals of land out of 62 d...... breach of peace, which was a requirement to pass an order under section 145 of the Code. 9. The learned Additional Sessions Judge, on the other hand, allowed the criminal revision on careful and independent assessment of evidence of both the parties and gave reasoning as to why he disbelieved t......sult, the Rule is discharged. The stay granted at the time of issuance of the Rule is vacated. Communicate a copy of the judgment. Md. Rais Uddin J. - I agree. This case is also Reported in: ..Category: Property Law | Date: | Hits: 53
Abdul Mannan Bhuiyan Vs. State, 2010, 39 CLC (AD)
.... if a confession is found to be true and voluntary, and inculpatory in nature, it can in law validly form the sole basis of the conviction of the maker and there is no need at all to look for further corroboration. A retraction of a confession has no bearing whatsoever upon the question whether it i......n does not tally with the certified copy of the order-sheet of the case filed by the appellant at the hearing of the leave petition, in order to remove the doubt, we called for the record of the case from the learned Magistrate for ascertaining as to whether the confession was recorded keeping the a......t Division, in the premises, are perfectly justified in maintaining the conviction and sentence of the appellant. The appeal is therefore dismissed. Ed. This Case is also Reported in: ......t Division, in the premises, are perfectly justified in maintaining the conviction and sentence of the appellant. The appeal is therefore dismissed. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 100
.... discharging the Rule.
For the reasons stated hereinbefore, we find no merits in the petition and accordingly, the same is dismissed.
Ed.
This Case is also Reported in: 64 DLR (AD) (2012) 43. ......t did not hold any Enquiry and took into account only three bill of entries and passed the Order bearing Nothi No. 4/A(340) oniom/JMS Glass/2005/986 (5)-3, dated 29-6-2006 deducting Taka 5, 22,489.43 from the demanded amount of Taka 3,03,67,190.10. The respondent arbitrarily demanded Taka 2, 98, 44,......of section 194 of the Customs Act cannot be attracted or applied for the purpose of waiving/dispensing with the statutory deposit as provided in sub-section (2) of section 42 the VAT Act, it being an independent statute. From a reading of clauses 2 (Ka) and 2 (ga) of sub-section (2) section 42 of th...... discharging the Rule.
For the reasons stated hereinbefore, we find no merits in the petition and accordingly, the same is dismissed.
Ed.
This Case is also Reported in: 64 DLR (AD) (2012) 43. ..
Category: Fiscal/Taxation Law | Date: | Hits: 130
Azmal Khan Vs. Md. Afzal Khan and others, 2011, 40 CLC (AD)
....ame. We find no substance in the contention of Mr. Kamal-ul-Alam. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 17. ...... by the trial Court, against which, on a revision petition moved by the defendant No.1, the High Court Division set aside those orders by the impugned judgment. Thereupon the appellant obtained leave from this Division to consider (a) whether the High Court Division is justified in interfering with ...... after filing of the written statement which makes it necessary for him to put forward. Where an amendment sought for alters the very foundation of the claim and is prima facie distinct, separate and independent of the original stand cannot be allowed, which if allowed, it will, instead of determini......ame. We find no substance in the contention of Mr. Kamal-ul-Alam. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 17. ..Category: Civil Law | Date: | Hits: 86
M/S Pak Jute Mills Ltd. Vs. Income Tax Officer and another, 1978, 7 CLC (AD)
....ere the rate of surcharge has been detailed. This point also fails. In the result, therefore, the appeal is dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 178. ......oliday under section 15BB. The question is, whether any tax could be levied on the bonus shares of the Company. The contention is that since the dividend of a Company enjoying tax-holiday is exempt from tax there is no reason why the bonus shares also should not be exempted. 6. Mr. C. R. Ali, t......ere the rate of surcharge has been detailed. This point also fails. In the result, therefore, the appeal is dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 178. ...... in respect of the total income of the previous year or the previous years, as the case may be of every person. (2) All the provisions of this Act relating to charge assessment, deduction at source, payment in advance, collection, recovery and refund of Income Tax shall, so far as may be,..Category: Fiscal/Taxation Law | Date: | Hits: 131
Zaminur Rahman & others Vs. Bangladesh & others, 1978, 7 CLC (AD)
....uraged. In the above premises the appeal is dismissed but in the facts and circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 171.......d by the learned counsel for the appellant that toll, rate or fee is levied for services rendered and is in the nature of quid pro quo and is a permissible levy but according to him, it is distinct from the levy of Octroi which is a tax proper. In the Ordinance tax and rates and tolls have all bee......uraged. In the above premises the appeal is dismissed but in the facts and circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 171.......sed to be levied or collected as mentioned in Article 83 of the Constitution, then it is to be credited to the Consolidated Fund mentioned in Article 84 of the Constitution, which is the ultimate source for utilisation for all public purposes. A toll or fee in never intended to be or becomes a..Category: Fiscal/Taxation Law | Date: | Hits: 112
Mullick Brothers Vs. Income Tax Officer and another, 1978, 7 CLC (HCD)
.... premises the appeal is allowed but without any order as to costs. The impugned demand notices are declared to be of no lawful authority. Ed This Case is also Reported in: 31 DLR (AD) (1979) 165.......1978. (From the judgment and order dated the 6th May, 1977 passed by the High Court of Bangladesh in Writ Petition No.486 of 1974). Judgment K M Subhan J.- This appeal by special leave is from the Judgment and order of the High Court passed in Writ Petition No.488 of 1974. 2. The appe......r ''existing law" in Bangladesh after the war of liberation fought against the regime responsible for promulgation of Martial Law in 1969 and consequent emergence of Bangladesh as a sovereign and independent state. On the 16th March, 1971 Bangladesh proclaimed independence and a Proclamation was...... premises the appeal is allowed but without any order as to costs. The impugned demand notices are declared to be of no lawful authority. Ed This Case is also Reported in: 31 DLR (AD) (1979) 165...Category: Fiscal/Taxation Law | Date: | Hits: 122
Bainchitala Islamia Junior Madrasha Vs. Md. Abdur Rashid & others, 1997, 26 CLC (HCD)
....henidah in Miscellaneous Appeal No.54 of 1995 is set aside and the application dated 22-2-95 filed by the opposite parties is rejected. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 153.......cord of the case was shown to the learned Advocate on 8-1-95 but the learned Advocate did not make any correspondence with the opposite parties and they came to know about the abatement of the appeal from the secretary of the petitioner and, as such, they filed the application for adding them as app...... on the death of their father they have taken Borga of the suit land from the said Madrasha and even if it be a fact then also they cannot be added as parties in the instant suit because they have no independent right to call in question the legality and propriety of the decree passed in Title suit ......henidah in Miscellaneous Appeal No.54 of 1995 is set aside and the application dated 22-2-95 filed by the opposite parties is rejected. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 153...Category: Property Law | Date: | Hits: 55
Nasiruddin (Md.) Vs. State, 2009, 38 CLC (HCD)
....ons of section 103 of the Code. In the absence of any cogent reason to disbelieve the members of law-enforcing agency, the Court is competent to convict the accused relying on their testimony without corroboration.'' 30. We have taken notice of the accused being a কুখ্যাত সন্......sonment for 14 years and 7 years, respectively, and further directing that both the sentences shall run concurrently and that the period during which the accused was in jail custody shall be deducted from the term of sentence and that the seized arms and ammunition be forfeited in favour of the Stat......se of Nasir and as such, the incriminating articles were recovered from the possession and control of the accused. He further submits that, the prosecution has been able to prove the case by natural, independent and competent witnesses including the eye-witnesses, who were present at the place of oc......mstances, absence of evidence from local witnesses should not be blown too fan There is no Fan ant of law that evidence of the members of the law enforcing agencies must have corroboration from other source." In the case of Mohinuddin Vs. State reported in 61 DLR 35 it has been held that- ''Th..Category: Criminal Law | Date: | Hits: 79
Abul Kashem Vs. AKM Golam Mostafa and others, 2009, 38 CLC (HCD)
....spires that co-pre-emptor is a businessperson having a grocery shop in Chittagong in the name and style ''Alamin store''. He used to stay in Chittagong for his business purpose. These facts furnished corroboration by the nationality certificate dated 14-11-1994 (Exhibit 8) issued by Chittagong City ......e there is no evidence that the husband of the pre-emptee respondent was the recognised agent of hers. Therefore, the summons was not duly served upon the pre-emptee respondent. Limitation will start from the date of knowledge which is 8-8-1986 and the pre-emptee respondent filed Miscellaneous Case ......reported in 8 BLC (AD) 77 wherein it is held: ''It is a settled principle of law that the lower appellate Court being final Court of fact will have to discuss and re-assess the evidence on record independently while either reversing farming the finding of the trial Court. In a case of reversal i......ated. Office is directed to send down the records of this case at once with a copy of Judgment for information and necessary action. Ed This Case is also Reported in: 62 DLR (HCD) (2010) 44. ..Category: Administrative Law | Date: | Hits: 230
Rahima Khatun Vs. Md. Nurul Hoque & others, 1996, 25 CLC (HCD)
....the result, the Rule is discharged without any order as to costs. The order of stay earlier granted by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 140.......plaintiff instituted Partition Suit No.128 of 1984 in the Second Court of Subordinate Judge Comilla, for partition of the suit properties and to allot her a saham for her legal share inherited by her from her mother Rabiya Khatun. 3. The defendant Nos. 12-18 contested the suit by filing a joint w......mitted that since the preliminary decree in question is a nullity so far it relates to the defendant No.18, the opposite party Nos. 1-9 have their remedy and they can get the relief by instituting an independent suit for declaration that the decree in question passed by the trial Court is a nullity ......the result, the Rule is discharged without any order as to costs. The order of stay earlier granted by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 140...Category: Procedural Law | Date: | Hits: 67
Abdul Hakim (Md.) Vs. Government of the People’s Republic of Bangladesh & others, 1997, 26 CLC (HCD)
....nt be also sent to the Principal Secretary to the Prime Minister in her office at Tejgaon, Dhaka for information and necessary action. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 137. ......nment, commonly known as Mujibnagar Employees, which unequivocally accepted the status of the Mujibnagar Employees to be and to have always been in the service of the Republic, took various decisions from time to time. It is further stated that orders, circulars and instructions issued at various ti...... the Government was the Prime Minister Banga Bandhu Sheikh Mujibur Rahman. It is universally admitted position that under his leadership the liberation war was fought and ultimately Bangladesh became independent and from 16th December, 1971. Thereafter, Banga Bandhu Sheikh Mujibur Rahman formed cabi......nt be also sent to the Principal Secretary to the Prime Minister in her office at Tejgaon, Dhaka for information and necessary action. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 137. ..Category: Administrative Law | Date: | Hits: 183
Nirman International Ltd. Vs. Islam Steel Mills Ltd. and others, 1997, 26 CLC (HCD)
.... learned brother has already discussed and observed very clearly the legal aspect on this point in view of case laws cited before us. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 125. ......ferent kinds. The appellant-1, a private construction company, carries on business as contractor in its own name and in the name of respondent No.2. The appellant 1 started business with respondent 1 from September 27, 1988 and it placed an order for purchase of ASTM A 615 Grade 60 MT deformed bar u......e noticed the direction for furnishing security by the High Court Division is a subsequent order to the order under appeal. The order passed upon an application for stay by the High Court Division is independent order and should have no controlling effect of this Court in disposing of the appeal. Wh...... learned brother has already discussed and observed very clearly the legal aspect on this point in view of case laws cited before us. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 125. ..Category: Procedural Law | Date: | Hits: 118
Md. Mosharaf Hossain Sukani Vs. State and another, 2009, 38 CLC (HCD)
....d for. Hence the Rule fails. In the result, the Rule is discharged. Order of stay stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 35. ......Shipping limited; that he was working in the vessel on the basis of contract of 6 months and the terms of contract was scheduled to expire on 12.02.2004 but the complainant came to know on 08.02.2004 from Danik Ajker Kagoj, a daily national that his son Musa Bin Siraj is said to be missing from the ......agistrate, Chittagong withdrawing the investigation from CID has in no way conflicting or clashing character with the government decision dated 10.11.2005 to have the case investigated by RAB, is the independent decision of the Government in matter of investigation and as such the government......s of justice. The expression "quashing of proceeding" is one of compendious connotation but its practical result is setting aside or reversal of the order initiating the proceeding. This rule has its source in the maxim which means that when the law gives anything to anyone it gives also all those t..Category: Criminal Law | Date: | Hits: 76
Adilur Rahman Khan Vs. Bangladesh, 2008, 37 CLC (HCD)
....hority and are of no legal effect. We are grateful to the members of the bar who have actively assisted us. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 3; 16 BLC (HCD) (2011) 100. ......ntion makes it mandatory for each state to take, to the highest extent possible within its domestic legal system, such measures as may be necessary to enable confiscation of proceeds of crime derived from offences or the property the value of which corresponds to that of such proceeds. 9. Further......the Constitution runs thus:- "We, the people of Bangladesh, having proclaimed our independence on the 26th day of March, 1971 and, through a historic war for national independence, established the independent, sovereign People's Republic of Bangladesh; Pledging that the high ideals of absolute tr......hority and are of no legal effect. We are grateful to the members of the bar who have actively assisted us. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 3; 16 BLC (HCD) (2011) 100. ..Category: Constitutional Law | Date: | Hits: 264
Babul Vs. State, 2002, 31 CLC (HCD)
....pellant could not be at all established and proved. True it is that Informant PW 1 who is, also, PW 6 as Investigating Officer testified about recovery of articles of crime from convict-appellant but corroboration of said testimony of PW 1 did not come from mouth of other PWs i.e., PW 2 seizure list...... Chief Justice. 4. In exercise of power envisaged under section 429 of the Code of Criminal Procedure (hereinafter referred to as The Code), I shall examine the whole case independently being free from any approach adopted by learned Judges and decisions rendered by them and, also, without being ......as Third Judge by Hon'ble Chief Justice. 4. In exercise of power envisaged under section 429 of the Code of Criminal Procedure (hereinafter referred to as The Code), I shall examine the whole case independently being free from any approach adopted by learned Judges and decisions rendered by them ......and he is acquitted of the same and set at liberty at once if not wanted in any other case. Lower Court's Records be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 158. ..Category: Criminal Law | Date: | Hits: 84
Abdul Gafur alias Kana Mia and others Vs. Md Nurul Islam, 2004, 33 CLC (HCD)
....ed Magistrate would be at liberty to consider the bail of the accused-petitioner. Communicate this order to the Court concerned at once. Ed. This Case is also Reported in: 56 DLR (2004) 519. ......ed Magistrate would be at liberty to consider the bail of the accused-petitioner. Communicate this order to the Court concerned at once. Ed. This Case is also Reported in: 56 DLR (2004) 519. ......e document. Use of a photocopy of the forged document could not amount to use of a forged document. Moreover, the action brought by the opposite party against the petitioners for forgery is an action independent of the filing of photocopy of the forged document in the Court of the Magistrate. Theref......ed Magistrate would be at liberty to consider the bail of the accused-petitioner. Communicate this order to the Court concerned at once. Ed. This Case is also Reported in: 56 DLR (2004) 519. ..Category: Criminal Law | Date: | Hits: 94
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