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Nasirullah and another Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)

....ted. No order as to costs. The Rule issued in Writ Petition No. 3071 of 2008 is discharged without any order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 119. ......ted. No order as to costs. The Rule issued in Writ Petition No. 3071 of 2008 is discharged without any order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 119. ......n of Immovable Property Ordinance, 1982 (Ordinance No. II of 1982); section 3 Under section 3, the notice is required to be published at convenient places on or near the property in the prescribed form and manner stating that the property is proposed to be acquired. But section 3 of the Ordinance......hows that all the structures on the land were intact. The purpose of video recording is to see that the existing trees and structures on the land proposed to be acquired are intact for the purpose of determination of compensation of those structures and that any unscrupulous affected land owner cann..

Category: Property Law | Date: | Hits: 79

Sharifuddin and others Vs. Commissioner of Customs and others, 2009, 38 CLC (AD)

..... The appeals are therefore allowed without any order as to cost. The civil petitions are disposed of by the judgment in Civil Appeals. Ed. This Case is also Reported in: 9 ADC (2012) 721. ......ion 6(1) is only playability and not imposition or levy of the VAT. There is a clear distinction between charging provisions of a statue and the machinery part thereof and it is also well settled principle that mode and manner of recovery does not alter the nature of a tax nor can a tax be int......ner (In Civil Appeal No.996 of 2001) Vs. Commissioner of Customs and others.........................Respondent (In all the cases) Judgment May 12, 2009. Result: The appeals are therefore allowed. The civil petitions are disposed of. The Value Added Tax Act, 1991 (Act No. 22 o......respect in the case of Bangladesh Vs. Abdul Mannan reported in 29 DLR (SC) 17 may be seen in which the Supreme Court of Bangladesh observed as follows: "51. As we have seen, if the Tribunal made a determination of assessment under section 93A, such determination was not open to appeal in view o..

Category: Fiscal/Taxation Law | Date: | Hits: 128

Kartick Chandra Das and another Vs. State, 2012, 41 CLC (HCD)

....tunity on priority basis. Communicate the order to the learned Special Judge, Bogra, at once for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 458. ......erent jurisdiction by this Court because in the process of trial the accused can ventilate all his grievance by cross-examining the prosecution witness as well as examining defence witness. This very principle has already been settled by our apex Court in a decision of in the case of Golam Sarwar Hi......ther order or Orders as to this Court may seem fit and proper. 2. Facts leading to issuance of the Rule in short are that: - One Md. Belial Hossain, acting chairman, Dupchachia Paurashava as informant lodged an FIR with Dupchachia Police Station, Bogra, alleging, inter alia, that the accused ......tunity on priority basis. Communicate the order to the learned Special Judge, Bogra, at once for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 458. ..

Category: Procedural Law | Date: | Hits: 86

Government of Bangladesh Vs. Abdul Malek, 2007, 36 CLC (HCD)

.... substance in this Rule. Accordingly, the Rule is discharged. There will be no order as to cost. Send down the LC records at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 635. ......appellate Court discussed all the evidence, both the oral and documentary and came to a clear finding that the plaintiffs proved their title beyond all reasonable doubt. 10. It is now well settled principle of law that the finding of fact as well as law, whether concurrent or not, arrived at by t......g the said suit land by paying rent to the superior landlord. During revision settlement the same land was wrongly recorded in the name of Government. Thereafter, the plaintiff filed an application before the settlement officer for correction of the said record, which was rejected. Thereafter the pl...... substance in this Rule. Accordingly, the Rule is discharged. There will be no order as to cost. Send down the LC records at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 635. ..

Category: Procedural Law | Date: | Hits: 83

Durga Prasad Singh Hajari Vs. Commissioner of Taxes, Taxes Zone 3, Chittagong, 2007, 36 CLC (HCD)

....lated in the negative and in favor of the assessed and against the revenue. No cost. Communicate at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 723; 13 MLR (HCD) (2008) 397. ......lated in the negative and in favor of the assessed and against the revenue. No cost. Communicate at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 723; 13 MLR (HCD) (2008) 397. ......ted and followed Mitakshara school of law and accordingly, filed returns at least since 1989 as per record and the income tax authorities also recognized and accepted such claim. There is also no bar for members of the family of the assessed to file returns of income for assessment………………......2000 in respect of assessment for five assessment years 1993-94 to 1997-98. 2. As the assessed was the same in all the above references and common question of law was referred to this Division for determination, we heard them together and now, dispose of it by this order. 3. In reference No.77..

Category: Fiscal/Taxation Law | Date: | Hits: 138

Razia Khanam Vs. Md. Shamuzzoha Khan & Others, 2007, 36 CLC (HCD)

.... granted by this Court dated 5.9.2005 is hereby vacated. 30. The office is directed to send down the lower Court's record at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 355. ......against P.W.1 for placing her under suspension and the matter has not been kept pending for months together. 21. In the case of Dhunat Degree College Vs. Md. Abdus Samad, reported in 49 DLR 38 the principle was suspended upon same charges without any departmental proceeding and that suspension or......ismissing the suit on setting aside those dated 10.10.2004 passed by the learned Senior Assistant Judge, 3rd Court, Naogaon in Other Class Suit No.155 of 2003 decreeing the suit. 2. Facts relevant for disposal of the Rule are that the petitioner as plaintiff instituted Other Class Suit No.155 of ...... granted by this Court dated 5.9.2005 is hereby vacated. 30. The office is directed to send down the lower Court's record at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 355. ..

Category: Employment/Service Law | Date: | Hits: 118

Mir Daulat Hossain and another Vs. Secretary, National Sports Council and others, 1998, 27 CLC (HCD)

....ting Nuruzzaman as Treasurer of the Shooting Federation is also set aside and the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 561. ......person from his duty, or to suspend or dismiss any person it is required to issue a show cause notice. Without issuance of any show cause notice, if any order is passed, that will be violative of the principle of natural justice and as such the order cannot stand………………………………�......�.Respondents (In both to Writ Petitions) Judgment May 10, 1998. Result: The Rules are made absolute. The National Sports Council Act, 1974 (Act No. LVII of 1974), section 20A(b) Before passing the Proggapan or notice in relieving any person from his duty, or to suspend or dismiss......ting Nuruzzaman as Treasurer of the Shooting Federation is also set aside and the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 561. ..

Category: Employment/Service Law | Date: | Hits: 100

Abdul Quader Farazi Vs. Chief Election Commissioner, Bangladesh & others, 1998, 27 CLC (HCD)

....s. In the result, the Rule is discharged without any order as to costs. The order of stay granted by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 636. ......s. In the result, the Rule is discharged without any order as to costs. The order of stay granted by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 636. ......cumstances the Election Commission being vested with the power to conduct the election peacefully, fairly and impartially, has the right to interfere with the election and cancel the result and order for re‑polling. ……………………………………(10) Case Referred to- 45 DLR (AD)......atched away or if the Presiding Officer makes glaringly contradictory reports as to the result of the counting of votes, without reasonable explanation, then the Election Commission need not wait for determination of the dispute by the Election Tribunal." 10. Therefore, even if the presiding offi..

Category: Election Law | Date: | Hits: 591

Paritosh Chandra Nag Vs. Bangladesh represented by Secretary, Ministry of Land, 2008, 37 CLC (HCD)

....is discharged without any order as to cost. The order of status quo granted by this Court earlier is hereby recalled and vacated. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 214. ......is discharged without any order as to cost. The order of status quo granted by this Court earlier is hereby recalled and vacated. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 214. ......…………………(12) Whether writ petition is maintainable when there are several civil cases pending in different Courts involving the property in question. When a civil case is pending before any Court, writ petition involving the same property is not maintainable…………………�......een done as per law. Next, the learned Deputy Attorney-General submits that several civil cases in different Courts including the Appellate Division of the Supreme Court of Bangladesh are pending for determination of title and possession of the properties including the properties in question between..

Category: Property Law | Date: | Hits: 107

Sahabuddin Vs. State, 2008, 37 CLC (HCD)

....be set at liberty forthwith if not wanted in connection with any other case. Lower Court Records be sent down at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 54. ......ue J Sahabuddin…………….. Convict-Appellant Vs. State ………………….Respondent Judgment March 2, 2008. Result: All the Criminal Appeals are allowed. Fundamental principle of Criminal Jurisprudence is that onus of proving everything essential to establishment of......ater is the standard of proof required……………………..(36) Though sad yet it is a fact that in our country there is a tendency on the part of people to rope in as many people as possible for facing trial in respect of murderous onslaught perpetrated upon any victim. Innocent persons, in......llants. 12. Mrs. Umme Kulsum Begum, the learned Deputy Attorney-General for the State, frankly concedes the submission advanced by the learned Advocate for the appellants. 13. Now the point for determination is, whether the learned Metropolitan Additional Sessions Judge is justified in passing..

Category: Criminal Law | Date: | Hits: 85

Md. Ismail Vs. State, 2012, 41 CLC (HCD)

....ioner from the allegation of the CR case No.306 of 1991 is quashed and the accused is acquitted from the charge levelled against him. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 473. ......ioner from the allegation of the CR case No.306 of 1991 is quashed and the accused is acquitted from the charge levelled against him. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 473. ......d in setting aside the Judgment and order of the Additional Metropolitan Sessions Judge The inherent power of the High Court Division under section 561A of the Code can be exercised only for either of the three purposes specifically mentioned in the section which are, firstly, to give......the State submits that the learned Magistrate would have given time to adduce evidence but ultimately he concedes the law point shown by the petitioner. 11. The only question that survives for the determination in this case is whether the inherent power under section 561A of the Code of Criminal ..

Category: Procedural Law | Date: | Hits: 94

Syed Ghulam Shahriar Vs. Md. Abdur Mannan and 14 others, 2010, 39 CLC (HCD)

....having no merit is liable to be discharged. In the result the Rule is discharged. However, there shall be no order as to costs. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 248. ......he learned Attorney General Mr. Mahbubey Alam further argued that the Courts below committed error of law occasioning failure of justice in not considering that the preemption case is barred by the principle of defect of parties since the pre-emptee has categorically averted in the written objec...... the Rule is discharged. However, there shall be no order as to costs. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 248. ......having no merit is liable to be discharged. In the result the Rule is discharged. However, there shall be no order as to costs. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 248. ..

Category: Property Law | Date: | Hits: 88

State Vs. Md. Ershad Ali Sikder and others, 2003, 32 CLC (HCD)

....m alias Franch Alam (5) Jalil Mollah is allowed. The appellants therefore be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 672. ...... Appeal being Nos.1211 of 2000 and 1296 of 2000 are dismissed. The Criminal Appeal No.1281 of 2000 is allowed. The Penal Code, 1860 (Act No. XLV of 1860); sections 34, 144 It is an accepted principle of law that common intention can even be formed on the spot and a person can be killed wit...... dismissed. The Criminal Appeal No.1281 of 2000 is allowed. The Penal Code, 1860 (Act No. XLV of 1860); sections 34, 144 It is an accepted principle of law that common intention can even be formed on the spot and a person can be killed without any pre‑plan……………..(36) The app......m alias Franch Alam (5) Jalil Mollah is allowed. The appellants therefore be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 672. ..

Category: Criminal Law | Date: | Hits: 110

Hazi Shamul Alam Vs. Dr. Ashim Sarkar and others, 2006, 35 CLC (HCD)

....onnected Civil Rule No.17(F) of 2004 is discharged and the order of stay is vacated. Send down the lower Court's records at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 199. ......onnected Civil Rule No.17(F) of 2004 is discharged and the order of stay is vacated. Send down the lower Court's records at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 199. ......Partition Act must be construed liberally and the terms should not be taken to mean not only the structure or building but also adjacent building, garden, courtyard, orchard and all that is necessary for the convenient occupation and enjoyment of the house. It is enough if the house or its appurtena......s father in the dwelling house in question and consequently the commissions made by the learned Advocate for the appellant do not stand to scrutiny and reason and these must be rejected. Point for determination: The only point for determination in the appeal is whether the learned trial Court ..

Category: Property Law | Date: | Hits: 132

Md. Daud Nabi Alias Daud Vs. State, 2009, 38 CLC (HCD)

.... set at liberty at once if not wanted in any other case. Send the lower Court's records along with a copy of this Judgment at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 45. ......320, must be strictly proved, and section 320 eighthly is no exception to the general rule of law that a penal statute must be construed strictly……………………..(18) It is an established principle of law that unless the evidence as to inflicting grievous hurt is clear and specific, conv......pondent Judgment December 14, 2009. Result: The criminal revision is disposed of with modification of sentence. The Penal Code, 1860 (Act No. XLV of 1860); sections 320, 324, 326 before conviction for the offence of grievous hurt can be passed, one of the injuries defined in secti...... set at liberty at once if not wanted in any other case. Send the lower Court's records along with a copy of this Judgment at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 45. ..

Category: Criminal Law | Date: | Hits: 91

Prof. Serajul Islam Chowdhury and others Vs. Jahangirnagar University and others, 2009, 38 CLC (HCD)

.... Judgment complying with the principles of natural justice and fairness. 62. There is no order as to costs. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 6; 61 DLR (HCD) (2009) 744 ......3.9.2008 of the Syndicate (Annexure-G) shall not be declared to have been made without lawful authority and is of no legal effect for failure to comply with the requirements of a fair inquiry and the principle of natural justice, (ii) why the orders of suspension dated 25.10.2008 passed by the Syndi...... May 14, 17, 2009. Result: The Rule is made absolute. The Evidence Act, 1872 (Act No. I of 1872), section 134 Section 134 of the Evidence Act requires no particular number of witnesses for proof of any fact. Therefore, the evidence of the victims and witnesses alleging sexual abuse/ha...... Judgment complying with the principles of natural justice and fairness. 62. There is no order as to costs. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 6; 61 DLR (HCD) (2009) 744 ..

Category: Employment/Service Law | Date: | Hits: 169

Arshad and others Vs. State and another, 2010, 39 CLC (HCD)

....rder passed in connection with the Rule sands vacated. Send a copy of the judgment and order to the concerned Court below at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 233. ......ng been acquitted under section 248 Cr.P.C. on the basis of withdrawal petition of complaint, shall stands as a legal bar for the purpose of initiating the impugned 2nd complaint proceeding. The principle of double jeopardy as contemplated under section 403 Cr.P.C. comes to operate only when of......lf same allegations against the same accused, and the accused petitioners having been acquitted under section 248 Cr.P.C. on the basis of withdrawal petition of complaint, shall stands as a legal bar for the purpose of initiating the impugned 2nd complaint proceeding. The principle of double je......rder passed in connection with the Rule sands vacated. Send a copy of the judgment and order to the concerned Court below at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 233. ..

Category: Procedural Law | Date: | Hits: 108

Abul Hashem Vs. Mahmuda Khatoon & another, 2012, 41 CLC (HCD)

....h and the learned Assistant Judge and Family Court, Fulbaria, Mymensingh along with the lower Court records. No order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 494. ....... 50. The issue of past maintenance, in a similar situation, was considered by our apex Court in the case of Jamila Khatun Vs. Rustam Ali, reported in 4 BLT (AD) 97 - 48 DLR (AD) 110, para-32. The principle was laid down in the follow terms:— "32. The wife, therefore, can claim past maintena......iff site should produce more credible evidence e.g. the dower fixed in other marriages of the girls of that family, the family status of the plaintiff and other relevant matters such as "age, beauty, fortune, understanding and virtue" of the girl……………….(34) If there is no kabinnama an......h and the learned Assistant Judge and Family Court, Fulbaria, Mymensingh along with the lower Court records. No order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 494. ..

Category: Family Law | Date: | Hits: 246

Nur Mohammad Vs. Serajul Islam and others, 2012, 41 CLC (HCD)

..... The order of stay granted earlier by this Court is hereby recalled and vacated. Send down the Lower Court's Records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 491. ......of law that title on the basis of the subsequent sale deeds will take effect from the date of agreement for sale it possession is delivered in past performance of the agreement." 13. It is settled principle that the concurrent findings of facts cannot be interfered within in revisional Jurisdicti......r should be prevailed. Section 48 of the Transfer of Property Act creats a priority of right to transfer property wherein the maxim "qui prior est tempore potior est jure" means that who is present before the time has the better right i.e. the transferor cannot prejudice the right of the transfere....... The order of stay granted earlier by this Court is hereby recalled and vacated. Send down the Lower Court's Records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 491. ..

Category: Property Law | Date: | Hits: 134

Anwar Hossain (Md.) and others Vs. State and others, 2003, 32 CLC (HCD)

....strict Magistrates, Dhaka, Chittagong and Khulna, by postal guaranteed service for their Guidance and to act in accordance with law. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 643. ......rder under section 3 of the Special Powers Act would be illegal unless the authority makes a lawful order. If a habeas corpus petition is filed, the Court may release the detenu since the fundamental principle is that a person cannot be deprived of his liberty on the basis of an arbitrary exercise o...... evil to be suffered, but to no greater extent and in no greater measure than is minimally necessary in the interest of the community. The safeguards against unfounded accusations and the opportunity for establishing innocence, which constitute the hallmark of an ordinary criminal trial, are not ava......he Cases). Criminal Miscellaneous Case No.1246 of 2002 with Criminal Miscellaneous Case Nos. 218, 5291, 5115, 2844, 4584, 3236, 3540, 3541, 1627 of 2003. Judgment Surendra Kumar Sinha J.-The determination of these matters involves question of law and jurisdiction including a question, wheth..

Category: Criminal Law | Date: | Hits: 114

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