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Sk. Shamsur Rahman @ Shamsu Vs. State, 1990, 19 CLC (AD)
....he courts below have rightly convicted the appellant unÂder section 302 pf the Penal Code. Accordingly, the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 200. ......y fact or circumstance from, which it can be even remotely inferred that there was any reason whatever for which the appellant was likely to make an attempt on the life of the deceased. On the other hand, it appears that the appellant and the deceased were very friendly, they spent the day together ......ice that an invesÂtigating agency might need at times for making up its proforma. The mere fact that his house was on the hospital road and he had a shop in front of the hospital does not give him a natural access or right to be present inside the hospital and be a witness to the dying declaration ..Category: Criminal Law | Date: | Hits: 44
A.K.M. Farooq Vs. Bangladesh Biman Corporation & another, 2006, 35 CLC (AD)
.... book is dispensed with as prayed for. The petitioner is permitted to add additional ground. The petitioner is directed to make the appeal for expeditious hearing. Ed. ......orporation & another………..Respondent Judgment August 20, 2006 Lawyers Involved: Rokonuddin Mahmood, Senior Advocate, instructed by Bivash Chandra Biswas, Advocate-on- Record for the Petitioner. Mushfiqur Rahman, Advocate-on-Reco......g was-not read over to him though the enquiry officer obtained the signature of the petitioner on the enquiry proceeding. The enquiry was conducted in gross violation of the principle of natural justice. Thereafter, second show cause notice was served on 3.11.1993 and the petitioner su..Category: Employment/Service Law | Date: | Hits: 91
GM, Rangpur Palli Bidyut Samity Vs. Md. Ali Reza, 2006, 35 CLC (AD)
....a correct decision. There is no cogent reason to interfere with the impugned judgment. The leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 600, 12 BLC (AD) 7. ......an, Advocate instructed by Mahmuda Begum, Advocate-on-Record—For the Petitioner. Not represented—the Respondent. Civil Petition for Leave to Appeal No. 919 of 2005. (From the judgment and decree dated 5-1-2005 passed by the High Court Division in Civil Revision No.5360 of 2000). ......ccordingly, the plaintiff could not cross-examine the witnesses deposed before the Inquiry Committee and hence he was denied the right of self-defence and there has been violation of the principle of natural justice and that on the basis of the report submitted by the Inquiry Committee, the plaintif..Category: Employment/Service Law | Date: | Hits: 181
Sudhir Kumar Das and other Vs. Abdul Malek Mia and others, 2007, 36 CLC (AD)
....t plaintiff miserably failed to establish that he for the first time came to know about the ex parte decree on 2nd of Baishakh, 1386 BS. The trial Court discarded the evidence of P.W 2 not being a disinterested witness since P.W 1 stated that PW 2 is his cultivator. The trial Court also noticed ......Ed. ...... 13. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. ..Category: Civil Law | Date: | Hits: 112
Kazi Md. Abdul Kuddus and another Vs. Kaimon Bewa and Others, 2006, 35 CLC (AD)
....on record that at the time of trial in support of the case pleaded in the pleading by the plaintiffs, plaintiff No.3 deposed for all the plaintiffs and he was corroborated by other independent and disinterested witnesses. The plaintiff No. 9 has not taken any exception to the matter of figuring ......ismissed without any order as to costs. Ed. ......rt was in error. 16. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 46
Iftekhar Hasan (Md) @ Al Mamun and others Vs. State, 2007, 36 CLC (AD)
....d only to taking away of life, but it means something more than mere animal existence. The inhibition against its deprivation extends to all those limbs and faculties by which life is enjoyed. Ed. ......nt: Syed JR Mudassir Husain CJ Md. Ruhul Amin J Md. Fazlul Karim J M M Ruhul Amin J Md. Tafazzul Islam J A Kabir Chowdhury J Md. Joynul Abedin J Iftekhar Hasan (Md) @ Al Mamun and others................Petitioners vs State…………………………………………......ced by the prosecution only two witnesses, namely, P.W 2 Md. Anisur Rahman and P.W 12 Md Shamim Bahar deposed as to taking part of his client in criminal conspiracy but the said two witnesses are not natural witnesses and in fact, they have been procured by the police and the prosecution totally fai..Category: Criminal Law | Date: | Hits: 213
NBR, Government of Bangladesh and anr Vs. M/S. Bata Shoe CompaÂny (BD) Ltd., 1990, 19 CLC (AD)
....st Secretary (Excise-2), National Board of Revenue. In the result, the appeal is dismissed, but there will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 195. ...... Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur RahÂman J National Board of ReveÂnue, Government of Bangladesh and anr........................Appellants Vs. M/S. Bata Shoe CompaÂny (Bangladesh) Limited ........hanically manufactured were made excisable but footwear’s manufactured on cottage industry basis, or non-mechanically, i.e. without the aid of any machinery or equipment operated by power, steam or natural gas, were, however, exempted from payment of any excise duty. 4. The respondent claimed e..Category: Fiscal/Taxation Law | Date: | Hits: 114
State Vs. Mohammad Khan and others, 1990, 19 CLC (AD)
....Commissioner, Patuakhali will take him in to custody and the trial Court will report compliance of the order of this Court thereafter. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 192. ......Ahmed CJ ATM Afzal J Mustafa Kamal J Latifur Rahman J The State, represented by the Solicitor, Government of the People's Republic of Bangladesh.........Appellant Vs. Mohammad Khan and others…………………………….....Respondents Judgment March 5, 1990. Result......¦â€¦.....Respondents Judgment March 5, 1990. Result: The appeal is allowed. The Evidence Act, 1872 (I of 1872), sections 3 & 5 The inmates of the house and close neighbours are natural and probable witnesses. Those witnesses testified in one voice that, accused Mohammad Khan g..Category: Criminal Law | Date: | Hits: 117
Commissioner of TaxÂes, Dhaka (West) Zone, Dhaka Vs. Shahabuddin Ahmed, 1989, 18 CLC (AD)
....ed and the decisions of the courts below are afÂfirmed though not necessary on the same reasonings. There is no order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 162. ......nnot control the President’s Order No. 21 of 1973 in as much as President’s Order has achieved the status of constitutional legislation whereas section 60 of the Income Tax Act is a statutory law and as such no notification under such law can control the sub-constitutional legislation. In that v...... so treated is supported by the fact of the assessment made in subsequent assessment years. 20. It is well settled that it is not the function of a Court of law to give to words a strained and unÂnatural meaning because only thus will a taxing secÂtion apply to a transaction which, had the legi..Category: Fiscal/Taxation Law | Date: | Hits: 111
BRDB and others Vs. Md. Idris Ali Akond and others, 1998, 27 CLC (AD)
....fication for making an order of remand as prayed for which will be a ceremony too idle to be permitted. In the result, the appeal is allowed without any order as to cost. Ed. ......M. Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Chowdhury J Bangladesh Rural Development Board and others …………….Appellants. Vs. Md. Idris Ali Ako......e Govt. Servants (Discipline & Appeal) Rules 1976 and without following the service Rules of B.R.D.B. is an unjust inquiry even though for arguments sake, it is accepted that the principles of natural justice were followed." He decreed the suit accordingly. The learned Judge, it wi..Category: Employment/Service Law | Date: | Hits: 73
National Tea Company Ltd. Vs. Deputy Commissioner, Habiganj and ors, 2008, 37 CLC (AD)
....eement dated March 19, 1988 was not legal and the said action was taken without lawful authority. Accordingly, the appeal is allowed without any order as to costs. Ed. ...... CJ Md. Fazlul Karim J MM Ruhul Amin J National Tea Company Ltd..........................Appellant Vs. Deputy Commissioner, Habiganj and ors .....Respondents Judgment September 6 2007. Lawyers I......se of the matters in Clause 17 of the lease agreement Government would be in a position to enter upon the land of Chundeecherra Tea Estate when there is mineral resources as well as similar kind of natural resources either on the surface or beneath the surface of the land of Chundeecherra Tea Est..Category: Property Law | Date: | Hits: 43
State Vs. Abdul Kader alias Kada and others, 2008, 37 CLC (AD)
....s to give a chance to the witnesses to recognize them, (iii) the recognition of the accused persons by P.W.2 and P.W.6 in the light of the hurricane has not received corroboration from independent or disinterested witnesses. One hurricane has been seized inspite of mention of two hurricanes in the F......llate Division (Criminal) Present: Md. Ruhul Amin CJ Mohammad Fazlul Karim J M.M. Ruhul Amin J The State..................................Appellant Vs. Abdul Kader alias Kada and others...........Respondents Judgment 22 August, 2007 Cases Referred To- Abdul Manna......ence of the said witnesses was not supported or corroborated by independent and disinterested witness. Keeping in mind the time at which occurrence took place, P.Ws. 1, 4 and 10 were the probable and natural persons to go to the place of occurrence and coming of others than the inmates of the huts o..Category: Criminal Law | Date: | Hits: 44
Mizanur Rahman alias Mithu and anothÂer Vs. State, 2006, 35 CLC (AD)
....barir poshchim parsher bagan barir jami niye Mithuder shathe tader amol theke ei barir birodh ache. Oi shomoy ghotona-sthole badir shalok Faruk kea ami dekhi nai” This witness being the only disinterested elderly neighbour of the informant, his evidence......rt Appellate Division (Criminal) Present: Syed J. R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Mizanur Rahman alias Mithu and another……....Petitioner Vs The State………&h......granted to consider the same. Preparation of paper book is dispensed with as prayed for. The petitioners are directed to make the appeal ready for expeditious hearing. Ed. ..Category: Criminal Law | Date: | Hits: 48
Mohammad Salim Ahmed @ Md. Salim Miah Vs. State, 2006, 35 CLC (AD)
....nd order of conviction. We in facts and circumstances do not find any reason to interfere with the impugned judgment and order. The petition having no substance is dismissed. Ed. ......rs Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioner Not represented-the Respondent Criminal Petition for Leave to Appeal No. 214 of 2003 (From the Judgment and Order dated 24 05.2003 passed by the High Court Division in Criminal Appeal No. 1784 of 2003 ......missions made by the learned Advocate-oh-record and perused the materials. P.W.1 the informant was accompanied by other employees of the company at the time of occurrence and as such they are most natural witnesses of the occurrence. We are, therefore, of the view that examination of the said wi..Category: Criminal Law | Date: | Hits: 52
Sree Sukhendu Nath Saha and others Vs. Hamangini Saha, 2006, 35 CLC (AD)
....ting defendants marked Exts. A-A (33) are forged and fabricated, that the preparation of the S.A. and R. S record in the name of the defendant No.1 was wrong, that the plaintiffs by examining disinterested witnesses, particularly D.Ws. 3 and 4, have proved their possession in the ......t any order as to costs. Ed. ......fs in the land in suit. In view of the discussions made herein-above we find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 23
Md. Sirajuddin Mondal and other Vs. Mosammat Miration Nessa and othÂers, 2006, 35 CLC (AD)
....ts, case of 'Istafanama' by Jairuddin. The appellants tried to establish their case of settlement through the evidence of D.W. 3. It has also been mentioned hereinbefore that he is not a disinterested witness, rather interested witness being nephew of Jitu Mondal through whom the defen......0/- Ed. ......n established by the plaintiff that Jairuddin did not surrender his tenancy, we find no merit in the appeal. Accordingly the appeal is dismissed with cost of Tk. 2, 000/- Ed. ..Category: Property Law | Date: | Hits: 35
Commissioner of Customs and anr Vs. Bangladesh Traders, Dhaka, 2006, 35 CLC (AD)
....n made without any lawful authority and of no legal effect and further directing the writ respondents to return the bank guarantees furnished by the writ petitioners are hereby set aside. Ed. ......Ed. ......ding that "the petitioner has acquired a legal right and equal protection of law and as such the respondents are estopped from claiming proportionate value and the same is against principle of natural justice" as there is no question of acquiring vested right in&..Category: Fiscal/Taxation Law | Date: | Hits: 95
Government of Bangladesh Vs. Kamrul Hasan, 2006, 35 CLC (AD)
....into consideration the basic fact that appointment of the respondent was cancelled in public interest. Accordingly the appeal is allowed with cost of Tk.30.000/- (twenty thousand). Ed. ......nd). Ed. ......nce cancelling his appointment as Economic Counselor in Bangladesh Embassy at Stockholm in Sweden alleging that the order of cancellation was malafide and arbitrary and opposed to the principle of natural justice. 3. Facts, in short, are that respondent belongs to B.C.S. (Audit and Accou..Category: Administrative Law | Date: | Hits: 123
Government of Bangladesh Vs. A. S. M. Firoj Uddin Bhuiyan, 2006, 35 CLC (AD)
.... 16. In view of the above we do not find any substance in the submission of the learned Counsel for the appellants. The appeal is dismissed without any order as to costs. Ed. ...... Fazlul Karim J Md. Tafazzul Islam J Government of Bangladesh & Ors……...Appellants vs A. S. M. Firoj Uddin Bhuiyan being dead his heirs Mrs Rosey Firoz and others……... ........Respondents Judgement February 10, 2004. ...... facts and circumstances of the case i.e., the promissory estoppel and since the Government has taken a decision that the suit land would be sold to the plaintiff on a price fixed by it, equity and natural justice, as well demands that the plaintiff is not deprived of the suit property and that t..Category: Property Law | Date: | Hits: 41
Md. Abu Hanif Mia and others Vs. Kad Banu and others, 2006, 35 CLC (AD)
.... judgment and decree dated 26.01.1994 passed by the High Court Division in 2nd Appeal No. 1204 of 1965 is hereby set aside and those of the court of appeal below are restored. Ed. ......ourt of appeal below are restored. Ed. ......th of them are on the contiguous east of the suit land forming part of Dag No. 490 and it was apparent that the plaintiff had no land or house near about the suit land. In such circumstances it was natural that the riparian owner of the adjoining holding of the suit land would go into possession..Category: Property Law | Date: | Hits: 34
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