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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. ......Lipa to her house which P.W.5 also corroborated that he himself took the victim to her mother. The learned A.A.G. further showed us the opinion of the doctor P.W.12 who examined the victim Lipa and according to his opinion there were sign of forceful coitus. He also argued the offence was a heino...... Vs. The State…………………………………………………………….State Judgment November 5, 2007. Result: The Appeal is allowed. Cases Referred to- Hossain Shially (Fakir) Vs. The State, 8 MLR 355; Fazlul Hoq Sikder Vs. The State, 15 BLD ......jury on the private parts of the victim Lipa. 17. Md. Jashim Uddin, the learned advocate appearing on behalf of the convict appellant submitted that the trial judge committed an error of law and facts and awarded the harsh sentence to the innocent person who was falsely implicated in t..Category: Women and Children | Date: 5 Nov, 2007 | Hits: 14
Md. Farid Hossain Vs. State, 2007, 36 CLC (HCD)
....ring on behalf of the accused-appellants submits that he has no other ground to seek bail except the ground of long pretrial detention. It is pointed out that the accused persons have right to get justice within a reasonable time, otherwise the Court should not hesitate to release him from cus......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. ...... 360 days, for concluding trial of a criminal case under section 339C (4) of the Code of Criminal Procedure. When the trial of a case cannot be concluded within 360 days, the accused, if in custody, should be released on bail even in a case on non-bailable offence unless there is any special......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. ......teur (Annexure-C). The petitioner's Samity is situated at Mirpur, wherein the Hazrat-Shah Ali Market(briefly as Market) the respondent Nos. 3-6 were constructing nearly 3000 (three thousand) shops, accordingly about 450 shops were supposed to be reserved for the Freedom Fighters, poet, journalist ......ity………………………Petitioner Vs. Bangladesh and others………………….Respondents Judgment September 20, 2007. Result: The Rule is made absolute. Case Referred to- AIR 1936 PC 53. Lawyers Involved: M Amir-ul-Islam with Dr. Zamirul Akhter and Mia Siraj......tioner is entitled to get 100 shops but the respondents are not allotting the same. He adds that the activities of the respondents in not allotting the shop as per Rule and notification are without lawful authority. He lastly submits that in view of the provisions laid down in the Rule 4(1)(kha) o..Category: Civil Law | Date: 20 Sep, 2007 | Hits: 43
....omes due after such final assessment is paid in cash within a period of two months of receipt of this order.
Communicate at once.
Ed.
This Case is also Reported in: 27 BLD (HCD) (2007) 555.
......e assessment and from his computer takes out 3 copies of prints of the Assessment Notice. At the time of printing the Assessment Notice, an Assessment Number is automatically put on the Bill of Entry according to the computer program. After Assessment of custom duty the concerned Appraiser and Princ......ion)
Present:
Mohammad Abdur Rashid J
Md. Miftah Uddin Choudhury J
Abul Khair Condensed Milk and Beverage Ltd……………………………..Petitioner
Vs.
The Commissioner of Customs and others…………………………………..Respondents
Judgment
September 17, 20......of this Division dated 11.09.05 upon receipt of the duty and other charges both in cash and upon bank guarantee(s), the customs authority would now assess the goods finally to duty in accordance with law by ignoring the CRF certificates.
19. In support, he cited Showkat Ali and 15 others Vs. the ..
Category: Fiscal/Taxation Law | Date: 17 Sep, 2007 | Hits: 66
Salima Akter Niluma Banu Vs. Shahin Shakhider and others, 2007, 36 CLC (HCD)
.... suit." 9. The learned Counsel lastly submits that the learned Judge of the Court of appeal below committed an error of law resulting in an error in the decision occasioning failure of justice in passing the impugned judgment and order. 10. Mr. Golam Hossain Sarwar, the learned A...... to defendant nos.4 at the southern part of his plot No.28/B of Joypurhat Housing Estate (briefly as Estate). 3. The plaintiffs case, in short are that the plot No.28/B was allotted to him, accordingly onlO-05-1989 leased deed was registered in favour of him. Some portion of land at the so......d others…………………….Opposite Parties Judgment September 12, 2007. Result: The Rule is made absolute. Cases Referred to- BADC Vs. Abedunnessa and others, 7 BLT 297; Secretary of State Vs. Mask and Co., AIR 1940 (......an application under order VII Rule 11(d) of the Code of Civil Procedure for rejection of the plaint stating that as per clause 14 of the terms and conditions of the Estate the suit is barred by law. 5. After hearing the learned Judge of the Trial Court by the order dated 25-11-2004 reject..Category: Civil Law | Date: 12 Sep, 2007 | Hits: 3
M. A. Jaher and others Vs. Sonali Bank and others, 2007, 36 CLC (HCD)
....r before the Artha Rin Adalat concerned within 30 days from the date of receipt of the copy of this judgment by that Adalat. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 64. ......r before the Artha Rin Adalat concerned within 30 days from the date of receipt of the copy of this judgment by that Adalat. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 64. ...... relevant for disposal of this rule, in short, are that the respondent No.1, Sonali Bank, Bhola Branch filed Artha Rin Suit No.5 of 1998 against the petitioners for recovery of loan money amounting to Tk. 1,02,69,058/41. That suit was decreed exparte by the judgment and order dated 13.11.2000. T......ecessity of compliance of sub-section (5), (6) and (7) of section 33 of the Artha Rin Adalat Ain, 2003 before passing of the impugned order and that the impugned order was quite in accordance with law. 5. We have considered the argument of the learned advocates of both the sides and gone t..Category: Civil Law | Date: 11 Sep, 2007 | Hits: 6
Nazir Hossain (Md.) Vs. Zubaed Md. Adel and others, 2007, 36 CLC (HCD)
....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. ......e to the depositions of the witnesses, submits that, the witnesses not only made false statements in respect of place of occurrence but also made contradictions as to manner of occurrence and, according to the learned Advocate, the gunshot as received by the deceased if we considered with th...... Vs. Zubaed Md. Adel and others.....................Opposite Parties Judgment September 5, 2007. Result: The Rule is discharged. When eye-witnesses contradict as to manner, place and time of occurrence, then a clear case of benefit of doubt is well established ......dge committed gross illegality in considering the depositions of P.Ws. 7,8 and 9, who were declared as hostile by prosecution, in preference to P.Ws. 1, 2, 3 and 4 and thereby fallen into error of law and fact in acquitting the accused opposite parties. Learned Advocate further submits that bal..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. ......-6-2001 submitted by the petitioner to the show cause notice was examined by the Bank and it was found to be unsatisfactory. So, the licence of the petitioner was cancelled in accordance with law and according to the terms and conditions of the licence and also according to section 3 of the Foreign ......etitioner Vs. Bangladesh Bank and another……………………………………………Respondents Judgment September 3, 2007. Result: The Rule is discharged. Case Referred to- Satish Barker Vs. The Governor, Bangladesh Bank, Dhaka and others, in Writ Petition No.5882 o......dated 30-6-2001 submitted by the petitioner to the show cause notice was examined by the Bank and it was found to be unsatisfactory. So, the licence of the petitioner was cancelled in accordance with law and according to the terms and conditions of the licence and also according to section 3 of the ..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. ...... services of the respondents-workers were terminated for their trade union activities. It is contended that at the relevant time of termination, the respondents-workers were not officers of the union according to the proviso to section 25 of the Act. In this connection, it is pertinent to quote the ......hellip;…………………………..Respondent Judgment August 28, 2007. Result: The Rules are discharged. Cases Referred to- Managing Director, Bangladesh Machine Tools Factory Ltd. Vs. Chairman, 2nd Labour Court and...... Syed Mahmud Hossain J.- Writ Petition Nos.7785, 8121, 8122, 8123 and 8124 of 2005 were heard analogously and are being disposed of by this common judgment as they do involve common question of law and facts. 2. In all the above Writ Petitions, Rule Nisi was issued in identical terms as f..Category: Labour and Industrial Law | Date: 28 Aug, 2007 | Hits: 19
Isahaque Ali (Md.) and others Vs. State, 2007, 36 CLC (HCD)
....ntal principles of section 342 of the Code causes prejudice to the accused. This section confers a valuable right of the accused and at the same time gives an opportunity to the Court to administer justice in accordance with fundamental principles of criminal justice. It is eminent that it is the......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. ...... life imprisonment, courts require even a higher degree of proof and all material evidence, particularly those in favour of the accused, should be placed before the Court. It is a course not obligatory on the Public Prosecutor to examine any number of witnesses on the same point regardless of ti......spondent Judgment August 16, 2007. Result: The appeal is allowed. Burden of proof in cases involving severe punishment or life imprisonment The provision of law as regard burden of proof is, that in a case involving severe punishment or life imprisonment, ..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. ...... and is allowed with rejection of Death Reference No.33 of 204. The rule issued in Crl. Misc. Case No.1195 of 2005 be and is made absolute. Jail Appeal Nos.313 of 2004 and 172 of 2005 are disposed of accordingly. 45. The impugned judgment and order dated 01-03-2004 passed by the learned Speedy Tr......eal Nos.313 of 2004 and 172 of 2005 are disposed of. Lawyers Involved: Yusuf Hossain Humayun with Mostafa Jamal, Advocates-For the Condemned-Prisoners. Md. Abu Bakar Siddiqui, Deputy Attorney-General with Khandaker Aminul Haque Assistant Attorney-General Nowazish Ara Begum, Assistant ......xamination of prosecution witnesses. Offence under section 302 of the Penal Code having provided capital punishment, learned tribunal appointed advocate Mr. Mokhlesur Rahman Khan as the state defence lawyer for the undefended absconding accused. 8. In order to bring home the charge against the in..Category: Criminal Law | Date: 15 Aug, 2007 | Hits: 26
Mrs. Fatema Begum Vs. State, 2007, 36 CLC (HCD)
....to the complainant to adduce evidence is ex facie unlawful and contrary to provision of Section 27 of the Ain, 2003 and resulted in the abuse of the process of the court and has occasioned failure of justice and as such it is liable to be quashed for the ends of justice. The learned advocate further......ituting the offence has revealed or no recommendation for further proceeding against such person is made in the report provided the tribunal deems it necessary and proper in the interest of justice according to provision of Clause-(1ga) of Section 27. 13. We have also noticed that order sheet......……………..........................................Opposite Party Judgment August 13, 2007. Result: The Rule is made absolute. Evidence oral or documentary in order to constitute prima facie case in support of the complaint of the offence alleged means and includes......police report submitted after holding enquiry in a perfunctory matter without examining the witnesses of the complainant and giving any opportunity to the complainant to adduce evidence is ex facie unlawful and contrary to provision of Section 27 of the Ain, 2003 and resulted in the abuse of the pro..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. ......r of its own motion or on the error having been brought to its notice by the assessee or any other income tax authority and all the provisions of this Ordinance as may be applicable shall have effect accordingly" (underlined by us) 34. The provisions of section 173 are not difficult to understand......ce 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. ......ellate Tribunal rejected both the applications by its order dated 10.06.02 on the same view that the applications were not maintainable. 11. In the circumstances, the following common questions of law were referred to this Division for determination: a) Whether on the facts and in the circumst..Category: Fiscal/Taxation Law | Date: 9 Aug, 2007 | Hits: 31
State Vs. Saidul and others, 2007, 36 CLC (HCD)
....the Penal Code. As to sentence of convict-appellants, we find that they are in the condemned cell since 9-3-2003 and having regard to other facts and circumstances of the case, we find that ends of justice would be sufficiently met if the death sentence imposed upon the convict-appellants Saidul a......ented dying declaration and taking into consideration the facts and circumstances of the case and other pieces of evidence, one can find that there is doubt as to his complicity in the occurrence and accordingly, he is entitled to benefit of doubt. His abscondence alone cannot be the ground for his ......the sole basis of conviction The dying declaration 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......erial contradictions and discrepancies and the victim made written dying declaration in the hospital narrating the incident which is genuine and true and the learned trial Judge was well justified in law in convicting and sentencing the accused appellants under the relevant law and the convict-acc..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.
......udgment and decree of the Bankruptcy Suit filed the application under section 40 of the Bankruptcy Act before the Bankruptcy Court stating preposterous facts which in fact beyond the scope of law and accordingly, the learned Judge of the Bankruptcy Court rightly and legally rejected the same by his ......96 of the Act for preferring appeal against the Judgment and decree passed by the Bankruptcy Court. Secondly, whether notices/summons were properly served or not or whether the petitioner was a guarantor/a mere shareholder of the borrower company or borrowed money from the bank or not which are disp......isdiction in cases under the Bankruptcy Act, 1997
The writ jurisdiction is not maintainable in cases under the Bankruptcy Act, 1997 for two reasons- Firstly, the Bankruptcy Act, 1997 is a special law and special provision is provided in section 96 of the Act for preferring appeal against the Jud..
Category: Banking Law | Date: 9 Aug, 2007 | Hits: 565
Chairman, Rajdhani Unnayan Kartripakkha (RAJUK) Vs. A Rouf Chowdhury and others, 2007, 36 CLC (AD)
....d, as such, the same above the 6th floor is set aside. In the result, the appeals are allowed in part without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 28. ...... the said plan under order of challenge or cancellation, who are subsequent purchasers of some floors of the Rangs Bhaban as parties in the appeals and the applications for addition of party are, accordingly, rejected. 4. Mr Rafique-ul-Huq, learned Counsel, appearing for the respondents, at v......n J Chairman, Rajdhani Unnayan Kartripakkha (RAJUK) ..........Appellant Vs. A Rouf Chowdhury and others.........................Respondents Judgment August 2, 2007. Cases Referred to- Dr. Ashok Kumar Maheshwari vs State of UP, AIR 1998 SC 966; B Rama Rao vs Government of AP, 1......ll with the writ-petitioners in the writ-petition as the writ petitioners have filed the writ-petition challenging the cancellation of the approved plan of the said Building. The cordial principle of law for addition of party has been provided in rule 1(10) of Order I of the Code of Civil Procedure ..Category: Property Law | Date: 2 Aug, 2007 | Hits: 114
Abdul Majid (Md.) Vs. State, 2007, 36 CLC (HCD)
....ith if not wanted in connection with any other case. Lower Court's record be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 52. ...... the Evidence Act. 62. Next, the investigating officer (P.W.12) admitted in his cross-examination that he examined the local chairman Shamsur Rahman who held the Shalish to settle up the matter, according to the version of prosecution but he did not cite the chairman as witness in the charge sh......…………Appellant Vs. State……………………………..................Respondent Judgment July 24, 2007. Result: The appeal is allowed. Case Referred to- State Vs. Sarowaruddin, 5 BLC 451. Lawyers Involved: No one appears - For the Ap......to the east of the houses of informant house of Shahiduzzaman Master, Kashem and Rashid Member were situated. 15. In cross-examination, she denied that the witness Shajahan is not her brother-in-law and witness Alamgir is not her cousin. She further disclosed in her cross-examination that the n..Category: Women and Children | Date: 24 Jul, 2007 | Hits: 159
Md. Abdul Mannan and others Vs. Ministry of Education and others, 2011, 40 CLC (HCD)
....relief in accordance with law. With the aforesaid observation, the application is disposed of without any order as to cost. Ed. This Case is also Reported in: 20 BLT (HCD) (2012)565. ......relief in accordance with law. With the aforesaid observation, the application is disposed of without any order as to cost. Ed. This Case is also Reported in: 20 BLT (HCD) (2012)565. ......t July 23, 2007. Result: The application is disposed of. Lawyers Involved: Dr. M. Zahir with Ms. Rebeka Sultana - For the petitioners. Syeda Afsar Jahan, Deputy Attorney General - For the respondents. Writ Petition No.5830 of 2007. Judgment Shah Ab......to be afraid of at the present in view of the change in the Political arena of the country and the government, they may now move the Governing Body of the college for proper relief in accordance with law. With the aforesaid observation, the application is disposed of without any order as to cos..Category: Employment/Service Law | Date: 23 Jul, 2007 | Hits: 26
....the appeal.
Consequently the appeal is dismissed without any order to cost.
Send down the lower
court records at once.
Ed.
This Case
is also Reported in: 28 BLD (HCD) (2008) 498.
......ate Purna Chandra Ghosh of Serajganj. The mother-in-law of the
plaintiff and other relations requested to gift some portion of the disputed
land in favour of the plaintiff to run his family and accordingly the father
of the plaintiff has transferred some property by way of gift deed and han......rnment of
Bangladesh and others………………………………………………….Respondents
Judgment
June 7, 2007.
Result:
The Appeal is
dismissed.
Cases Referred to-
I.L.R. 42 Privy
Council 801 cal.; I.L.R. 33 Cal 584; 35 D.L.R. (A.D.) 31; 51 D.L.R. 77.
......n. The other two brothers of the plaintiff are in
good health. The plaintiff while came to the age of marriage, got married with
the daughter of late Purna Chandra Ghosh of Serajganj. The mother-in-law of the
plaintiff and other relations requested to gift some portion of the disputed
land in ..
Category: Property Law | Date: 7 Jun, 2007 | Hits: 6
Shaikh Md. Mahmud Hossain and others Vs. Md. Abdur Razzaque and others, 2007, 36 CLC (HCD)
....eing a Muslim there is no scope for application of the principles of Mohammedan Law and as such the Appellate Judge committed error of law resulting in an error in the decision occasioning failure of justice. 10. Mr. Hasan Foez Siddique who submits in this connection referring to the provision of......t Satkhira is hereby upheld and maintained. Let a copy of this judgment along with the lower Court's records be sent down at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 177. ......………………..Petitioners Vs. Md. Abdur Razzaque and others…………………......Opposite parties Judgment June 6, 2007. Result: The rule is discharged. Cases Referred to- Rabjel Mondal Vs. Didar Mondal and others, 15 BLD (AD) 05; Minor Md. Masihur Rahman Biswas Vs......ted that the learned Additional District Judge has misconceived the entire context of the transaction between the parties in treating the gift performed between two Muslims governed by their personal law. In the instant case the vendee not being a Muslim there is no scope for application of the prin..Category: Property Law | Date: 6 Jun, 2007 | Hits: 27
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