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Mirja @ Mizan Vs. State, 2007, 36 CLC (HCD)
....ed charge sheet against-accused Mirza alias Mizan and Md. Abdul Matin under section 19A and (f) of the Arms Act. 4. Case record was sent to the Court of learned Senior Special Tribunal, Dhaka, for holding trial. 5. Special Tribunal No.17, Dhaka, framed charge against accused Mirza alias Mizan ......19A and (f) Mere knowledge about any arms and ammunition is not enough to make someone liable for conviction under Section 19A and (f) of the Arms Act. The accused must have control and possession over the alleged arms……………………………………..(20) Cases Referred to- ..Category: Criminal Law | Date: | Hits: 65
Rezia Khatun Chowdhurani and others Vs. Shamir Kumar Chowdhury and others, 2008, 37 CLC (HCD)
....19th November, 1965 and 30th July, 1966. This fact proved that the recitals in Exhibits 2 and X were created by the plaintiff on blank stamp papers and that the Court of appeal below was justified in holding that these were forged documents created by the plaintiff for the purpose of the suit. These......or sale of the suit property and obtained a sale deed from Samir Kumar Chowdhury. 3. Syeda Sirajunnessa Khatun (the defendant) instituted Title Suit No. 157 of 1977 for declaration of title and recovery of possession of the suit property against the plaintiff which on transfer was renumbered as T..Category: Civil Law | Date: | Hits: 138
Sharifuddin and others Vs. Commissioner of Customs and others, 2009, 38 CLC (AD)
....an not claim any vested right on the ground that the letters of credit were opened after publication of SRO No.169 dated 8.6.2000. 6. The High Court Division, after hearing, discharged the Rules holding that the bills of entries having been submitted after publication of the SRO No.252 dated 6....... the Customs Act has no manner of application to the VAT Act, 1991 and cannot be deemed to be incorporated in the VAT Act, 1991 and the withdrawal of the exemption from payment of VAT granted by the Government under notification being SRO No.169 dated 8.6.2000 issued under section 14 of the VAT Act ..Category: Fiscal/Taxation Law | Date: | Hits: 128
Abdul Karim Vs. Land Acquisition Officer, Comilla and others, 2006, 35 CLC (HCD)
....ppeal No. 219 of 1996 before the learned District Judge Comilla and the learned Joint District Judge, 3rd Court, Comilla by Judgment and decree dated 31-1-02 allowed the appeal and dismissed the suit holding that the suit challenging the proceeding started under the Acquisition and Requisition of Im......ahi Officer (TNO), gave their proposal to acquire the land in question to protect the Upazila Parishad Bhaban and administrative sanction was also given for the said purpose by the Ministry of Local Government Rural Development and Co-operatives but the notice under section 3 of the Acquisition and ..Category: Property Law | Date: | Hits: 85
Kartick Chandra Das and another Vs. State, 2012, 41 CLC (HCD)
....corresponding to GR Case No.137 of 2007 was started. The case was thus endorsed to one Mr. Md. Abdul Baset, Assistant Director, Anti-Corruption Commission to investigate into the allegation who after holding the investigation submitted a police report against the FIR named accused Zahangir Alam as......, alleging, inter alia, that the accused named Zahangir Alam, ex-Chairman of the said Paurashava by misusing his power refrained from depositing Tk. 5,38,549 that is 5% of total lease money to the Government exchequer on account of land revenue collected from Dhap Sultangonj hat for the years 1413..Category: Procedural Law | Date: | Hits: 86
Abu Taher Chowdhury and others Vs. Showkat Ali and others, 2012, 41 CLC (HCD)
.... was paid by Late Haji Ahmed Meah Sowdagar. That Late Haji Ahmed Meah Sowdagar spent huge amount of money in developing the land and in constructing pucca and semi-pucca house and created Municipal holding in his name. It was one of the conditions that the lease will be renewed for a further per......eld: "lease in the present case is hit by sub-section (2) of section 75A, which says that if any land is given in sub-lease in contravention of the provision, the land shall be forfeited to the Government under sub-section (2) of section 75A which come in to force on 22-9-1956 by Act IV of 1956..Category: Administrative Law | Date: | Hits: 175
Durga Prasad Singh Hajari Vs. Commissioner of Taxes, Taxes Zone 3, Chittagong, 2007, 36 CLC (HCD)
....e following question was originally referred for determination by this Division: (i) Whether on the facts and in the circumstances of the case, the Appellate Tribunal was justified in passing order upholding the justification of AJCT in upholding the assessment framed by the Deputy Commissioner of T......oner of Taxes to deduct the municipal tax from the estimated income. The Appellate Tribunal upheld the assessment under section 84/93/43(4) of the Ordinance. It was also held that the Ordinance shall override the Mitakshara Hindu law for the purpose of assessment. 18. In the aforesaid circumstanc..Category: Fiscal/Taxation Law | Date: | Hits: 138
Razia Khanam Vs. Md. Shamuzzoha Khan & Others, 2007, 36 CLC (HCD)
....eal No.315 of 2004 and that appeal was heard by the learned Additional District Judge, 2nd Court Naogaon who by the impugned Judgment and decree dated 28.8.2005 allowed the appeal, dismissed the suit holding that the suit was not maintainable without submitting any reply as against show cause called...... petitioner as plaintiff instituted Other Class Suit No.155 of 2003 in the Court of learned Assistant Judge, 3 Court, Naogaon praying for a declaration that the decision dated 29.9.2003 taken by the Governing Body, Nazirpur College hereinafter referred to as Governing Body to be illegal void, withou..Category: Employment/Service Law | Date: | Hits: 118
Mohammad Shahidul Islam @ Mufti Shahidul Islam Vs. National Board of Revenue, 2008, 37 CLC (HCD)
....e. He thus discharges constitutional functions for which he is remunerated by fees under the Constitution and not by the Executive. 71. To sum up, the learned Special Judge was clearly in error in holding that MLA is a public servant within the meaning of expression in Section 12 (a) and further ......tary affidavit dated 04.02.08, it is stated that the Assistant Commissioner of Customs, Customs House (import), Chittagong vide letter dated 29.11.07 confirmed that all payments were received by the Government relating to import of the said vehicle and nothing was due from the petitioner against the..Category: Fiscal/Taxation Law | Date: | Hits: 246
Kamrul Mia and others Vs. State, 2007, 36 CLC (HCD)
....nder section 10(4) of Druta Bichar Tribunal Ain, 2002, shortly, the Ain, i.e. 135 working days, has been over elapsed. Learned Judge by the impugned order dated 14-6-2006 rejected the prayer although holding that 135 working days has elapsed 'yesterday'. 3. At the time of hearing of the Rule, two......, Ayub Khan, with his cousin's husband, Babul was returning home, was done to death by the accused petitioners. This case, after investigation, was sent for trial and thereafter, as per order of the Government, the trial was shifted to the Court of Druta Bichar Tribunal. When the trial was continued..Category: Procedural Law | Date: | Hits: 84
Mir Daulat Hossain and another Vs. Secretary, National Sports Council and others, 1998, 27 CLC (HCD)
.... learned Advocate, also reiterated to the submission made in the affidavit‑in‑opposition that there is no necessity of issuing any show cause notice or initiating a proceeding as the incumbent is holding a post which is purely a temporary one and further, the petitioner has neither been dismisse......anner prejudicial to the interest of the organisation, the respondent is required to issue a show cause notice before passing the said Proggapan or notice in relieving the petitioner of his duty. Moreover, the provision of General Clauses Act as stated in paragraph 21 of the affidavit‑in‑opposit..Category: Employment/Service Law | Date: | Hits: 100
Abdul Quader Farazi Vs. Chief Election Commissioner, Bangladesh & others, 1998, 27 CLC (HCD)
....ent Md. Abdul Aziz J.- The petitioner Abdul Quader Farazi obtained this Rule calling upon the respondents to show cause as to why the order passed by the Election Commission dated 3‑2‑1998 for holding fresh poll in No.76 Uttar Lengutia Government Primary School Centre of Jangalia Union under ......ul Quader Farazi obtained this Rule calling upon the respondents to show cause as to why the order passed by the Election Commission dated 3‑2‑1998 for holding fresh poll in No.76 Uttar Lengutia Government Primary School Centre of Jangalia Union under Mehendiganj Police Station should not be dec..Category: Election Law | Date: | Hits: 591
Md. Shafiqul Islam Vs. Board of Intermediate and Secondary Education, Comilla, 2006, 35 CLC (HCD)
....ervants' (Discipline and Appeal) Rules, 1985 were not followed in passing the impugned order dismissing the petitioner from service. Admittedly, an Inquiry Committee was set up by the Respondents for holding inquiry into the charges brought against the petitioner and the said Inquiry Committee submi......Laksham Road, Comilla Town, Police Station-Kotwali, District-Comilla and others…………………………Respondents Judgment May 16, 2006. Result: The Rule is made absolute. The Government Servants' (Discipline and Appeal) Rules, 1985; Rule 10(8) The Inquiry Committee while s..Category: Labour and Industrial Law | Date: | Hits: 2706
Sahabuddin Vs. State, 2008, 37 CLC (HCD)
....the prosecution case which could have been supplied or provided by examining a witness who is not examined, prosecution case can be termed as suffering from a serious deficiency and infirmity and withholding of such a material and vital witness would oblige the Court to draw an adverse inference aga...... charge must depend upon judicial evaluation of totality of evidence, oral and circumstantial, and not by an isolated scrutiny. Prosecution version is, also, required to be judged taking into account overall circumstances of case with a practical, pragmatic and reasonable approach in appreciation of..Category: Criminal Law | Date: | Hits: 85
Md. Ismail Vs. State, 2012, 41 CLC (HCD)
....such circumstances the learned Magistrate was not convinced with the contention of the complainant opposite party No.2 and acquitted the petitioner under section 247 of the Code of Criminal Procedure holding that the complainant had lost his interest in the case and was not willing to continue the s...... by the Magistrate, lies under section 439A as it is barred under section 439 (5) of the Code of Criminal Procedure. 21. Whenever the High Court is satisfied that the mandatory provision of law is overlooked High Court Division exercising its discretion power under section 561A of the Code of Cri..Category: Procedural Law | Date: | Hits: 94
Manu Mia @ Malu Mia &Others Vs. State, 1989, 18 CLC (HCD)
....gistered before the Magistrate as T.R. Case No.61 of 1979 and the learned Magistrate after hearing the parties and perusing the materials on record passed an order on 18.9.79 and dismissed the case holding that the prosecution has not been able to prove the case and the case was of civil nature ......esent case are totally absent and as such the order of conviction and sentence under section 467 of the Penal Code cannot be sustained. It appears that both the parties are claiming conflicting title over the land in question from two different sources as considered above. There is no evidence on ..Category: Procedural Law | Date: | Hits: 111
....nd/or act as an appellate authority over an appellate order passed under Rule 31 and set aside such appellate order or direct the Appellate Officer to hear an appeal afresh in respect of a particular holding. Nor the Appellate Officer is empowered to rehear an appeal which was finally disposed by hi......t Division
(Special Original Jurisdiction)
Present:
MA Rashid J
Md. Ashfaqul Islam J
Romisa Khanam …………………Petitioners
Vs.
Secretary, Ministry of Land, Government of People's Republic of Bangladesh and others ……………………………Respondents..
Category: Property Law | Date: | Hits: 120
State Vs. Md. Ershad Ali Sikder and others, 2003, 32 CLC (HCD)
.... Rail line No.2 and he woke up at the noise of the people who were speaking loudly. He then came out of his hut and walked up to the Rail line. He then found 20/25 persons there. He recognised Ershad holding a gun in his hand and that condemned prisoner Ershad pressed his gun at the right hand side ......s from the trend of cross-examination, is that since there was personal enmity between the Ward Commissioner Taslimuddin Babul of Ward No.15 and accused Ershad Ali Sikder, Commissioner of Ward No.21, over various matters including the Kacha Bazar within the area of ghat No.7 accused Ershad and other..Category: Criminal Law | Date: | Hits: 110
Sudhangshu Shekhor Halder Vs. Chief Election Commissioner & others, 2003, 32 CLC (HCD)
....ared by respondent No.1 fixing the date of filing nominations on 29‑8-2001; date of scrutiny of nominations on 31‑08-2001; date of withdrawal of candidature on 6‑09-2001; and the date for holding polls on 1‑10‑2001. For the electoral Constituency No.129 Pirojpur‑1, there were 7 can......aker of the statement and makes him liable to prosecution if the statement is proved to be false hence the swearing of the statement of return of election expenses cannot be said to be mere form. Moreover, it is a mandatory requirement of the law that the statement be sworn on affidavit. In the abse..Category: Election Law | Date: | Hits: 300
Aminur Rashid Chowdhury Vs. Government of Bangladesh and others, 2012, 41 CLC (AD)
..... He submits that the High Court Division wrongly interpreted the provisions of the লবন মহাল ব্যবস্থাপনা নীতিমালা thereby misdirected itself in holding that the petitioner is not an aggrieved person and has no locus standi to claim lease for 60......: Md. Abdul Wahhab Miah J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Aminur Rashid Chowdhury………………………………………….Petitioner Vs. Government of Bangladesh and others...................Respondents Judgment April 26, 2012. R..Category: Civil Law | Date: | Hits: 182
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