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The State Vs. Moru Bhuiyan, 2012, 41 CLC (HCD)
....and sentence on five fold arguments: Firstly: The statements of the witnesses recorded under Section 164 of the Code is not substantive piece of evidence it may be used only for contradiction or corroboration of the witness. In support of their contentions they refer the case of Muslim Ali and ......ru Bhuiyan locked into an altercation with the victim. At one stage the accused kicked him into the canal, then the accused caused him drowned to death by strangulation. Having had heard the incident from Ibrahim and Karim (P.W.1) father of the victim lodged the FIR which was recorded as Lakshmipur ...... of their contentions they refer the case of Alkas Mia and others Vs. State 25 DLR-398 held: "Witness- Non-examination of witness who is considered important-Presumption. Non-examination of independent witnesses, particularly some of the neighbours, raises a presumption against prosecution......eal No.2408 of 2007 and Jail Appeal No.535 of 2007 are allowed. 29. The office is directed to send down the records at once. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 42 ..Category: Criminal Law | Date: 18 Oct, 2012 | Hits: 7
Mayor, Dhaka City Corporation Vs. Dhaka Metropolitan Rickshaw Samity, 2012, 41 CLC (HCD)
....ion North and South and (5) the Inspector General of Police immediately on their appropriate addresses. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 518. ......t the present opposite party as the plaintiff filed the Title Suit No. 321 of 1999 in the 4th Court of Assistant Judge, Dhaka for a decree for permanent injunction restraining the present petitioners from creating obstruction for putting rickshaws for which they have been permitted to run on th......ion North and South and (5) the Inspector General of Police immediately on their appropriate addresses. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 518. ......n be considered as a vehicle but it is an unique type of vehicle rarely available in any other country in the world, particularly, the present 21st century. This kind of vehicle is might be only source of income for a huge numbers of poor people and it is inhuman for a puller but helpful a..Category: Administrative Law, Civil Law | Date: 17 Oct, 2012 | Hits: 3
Kaisor-uz-Zaman (Md.) Vs. State, 2012, 41 CLC (AD)
.... Bidhimala framed thereunder keeping in view of the observations and the findings given by this Court in the judgment. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 101. ......on Report (FIR) with Kotwali Police Station on 18-11-2003 against Farid Uddin, Cashier of his branch, alleging, inter alia, that on 23-1-2003, he as the Cashier of the branch, received Taka 8, 70,000 from one Juned Ahmed, the account holder of saving Account No.3385 and issued receipt putting h...... other and one shall have overlapping effect on the other. So, we shall discuss these questions together. 10. The Ain, 2004 came into force on 9-5-2004. The Ain, 2004 was enacted to establish an independent Commission for the enquiry into and investigation of the offences relating to corru......sions for other ancillary matters connected therewith. Prior to that the body which enquired into and investigated of the offences relating to corruption and also to make enquiry into the pecuniary resources of certain persons for more effective prevention of corruption was the Bureau of Anti-C..Category: Anti-Corruption Laws | Date: 8 Oct, 2012 | Hits: 6
Moudud Ahmed Vs. Anti-Corruption Commission and another, 2012, 41 CLC (HCD)
....h the Special Case in accordance with law. Send a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 778. ......ion was also passed on 5-7-2007 against him. It is alleged that the accused-petitioner had no opportunity to consult with any lawyer or outsider and see his documents in preparing statement of wealth from the jail custody. After submission of statement of properties in the prescribed Form on 23-7-20......But there is nothing in section 27 requiring service of any prior notice for initiation of a criminal proceeding under this section. So, the offence under section 27 can also be constituted and tried independently. FIR can be lodged under section 27 without issuing any notice, if properties in posse......ment, the accused-petitioner has been prosecuted for submitting false and baseless statement which is punishable offence under section 26(2) and also for possessing property disproportionate to known source of income under section 27(1) of the Anti-Corruption Commission Act, 2004. According to the a..Category: Anti-Corruption Laws | Date: 7 Oct, 2012 | Hits: 95
Jharna Begum and others Vs. The State, 2012, 41 CLC (HCD)
.... their respective bail bonds, forth with. Send down the Lower Court Records with a copy of the judgment at once. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 20 ......efore the Nari-O-Shishu Nirjatan Daman Tribunal, Pirojpur, alleging inter-alia, that she got married with the appellant No.3 Md. Hossain Ahmed and appellant No.1 and 2 demanded Dowry of Tk.1,00,000/- from her father but her father refused to pay the same. Thereafter the accused persons inflicted lat......s filed on 05-11-2008 without assigning any reason, for such delay, which creates serious doubt in the prosecution case, as such, the instant case is mala fide one. He has contended that not a single independent witness was examined to support the prosecution case and all the P.Ws are close relative...... their respective bail bonds, forth with. Send down the Lower Court Records with a copy of the judgment at once. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 20 ..Category: Criminal Law, Women and Children | Date: 9 Sep, 2012 | Hits: 3
Kazi Nasir Uddin Babul Vs. State, 2012, 41 CLC (HCD)
..... Again, law does not require a particular number of witnesses to prove a case and conviction may be founded on the testimony of a solitary witness. But rule of prudence, if not rule of law, requires corroboration of such evidence." Secondly: in this particular case the Court below only re...... Nasiruddin Babul. On interrogation and search they recovered one foreign revolver having 8" length made of Japan, four round bullets, two pass-ports, one driving licence and some bank documents from him in presence of locals namely 1 Nur Mohammad (P.W.4), 2. Mosharraf Hossain, 3. Ahmmed Ali (P......e awarded reling on the evidence of Police personnels, but herein this case the evidence of Police personnels are not impeccable. The prosecution itself brought the seizure list, local, competent and independent witnesses to prove the charge. So as a rule of prudence both the evidences should be scr......s presently on bail is discharged from the bail bond. The Office is directed to send down the records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 174. ..Category: Criminal Law, Arms Law | Date: 4 Sep, 2012 | Hits: 10
Kamal Vs. State, 2012, 41 CLC (HCD)
....act on the lone evidence of the police personnel." 22. In the instant case we find that only relying upon the evidence of police personnel the conviction has been awarded though there is no corroboration by any public witness. From the utmost scrutiny of the evidence of the police personne......us possession and actual control are required. Deposition police personnel must be supported by public witnesses Where police personnel have deposed that arms and ammunitions were recovered from the possession of a petitioner which contention shall have to be supported by public witnesses.......wanted in connection with any other case. Send down the lower court records and communicate the order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 145. ......wanted in connection with any other case. Send down the lower court records and communicate the order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 145. ..Category: Criminal Law, Arms Law | Date: 16 Aug, 2012 | Hits: 2
Orascom Telecom Bangladesh Ltd Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....e guidelines 2011 whatsoever. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 148. ......885 and the Wireless Telegraphy Act, 1933 for installation and operation all over Bangladesh for the multi-station radio system of Digital Mobile Cellular Telephone Service in the frequency band from 900 to 905 MHz and 945 to 950 MHz with at least 12.5 KHz channel spacing at both ends of the Ba......85 and the Wireless Telegraphy Act, 1933 for the specific frequency assignment of the radio base station and the equipment/mobile sets. 4. Thereafter, Government for the establishment of an independent commission for the purpose of development and efficient regulations of telecommunic......Vat payable should be deducted from the amount claimed by the BTRC. Moreover, referring to Sections 3(3) (Ga), 5, 6 and Rules 18 (ক-ঙ), argues that according to those provisions 'deduction at source' (উৎস কর্তন) means deduction from the total receivable but not deduction ..Category: Fiscal/Taxation Law, Information Technology Law | Date: 14 Aug, 2012 | Hits: 19
Padma Oil Company Ltd Vs. Commissioner of Taxes, 2012, 41 CLC (HCD)
....disposed of and the order of stay passed earlier by this court is vacated. 24. However, there shall be no order as to cost. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 226 ......Income Tax Reference No. 405 of 2009 and Income Tax Reference No. 233 of 11 the following questions of law has been formulated by the assessee-applicant Padma Oil Company limited, for an opinion from this court; "Whether the learned tribunal was legally justified to confirm the a......disposed of and the order of stay passed earlier by this court is vacated. 24. However, there shall be no order as to cost. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 226 ......t; "Whether the learned tribunal was legally justified to confirm the assessment complete under section 83(3)/82c of the Income Tax Ordinance, 1984 on the basis of tax deducted at source 52 read with Rule 16 having treated the sales as supplied and without having considered ..Category: Fiscal/Taxation Law | Date: 7 Aug, 2012 | Hits: 5
Shahjahan Khalifa and others Vs. State, 2012, 41 CLC (AD)
....iation of laws and facts do not call for interference. Accordingly, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 95. ......16th July, 2008 passed by the High Court Division in Criminal Appeal No.3399of2001) Judgment Syed Mahmud Hossain J.- This criminal petition is by the convict-petitioners for leave to appeal from the judgment and order dated 16-7-2008 passed by the High Court Division in Criminal Appeal No.......dge upholding the conviction and sentence imposed upon the leave-petitioners and as such, the impugned judgment should be set-aside. He further submits that the prosecution could not examine any independent witnesses to prove its case and that the High Court Division relying upon the evide......iation of laws and facts do not call for interference. Accordingly, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 95. ..Category: Criminal Law | Date: 6 Aug, 2012 | Hits: 7
Shahjahan Khalifa and others Vs. State, 2012, 41 CLC (AD)
....ade on proper appreciation of laws and facts do not call for interference. Accordingly, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: ......th July, 2008 passed by the High Court Division in Criminal Appeal No.3399 of 2001) Judgment Syed Mahmud Hossain J.- This criminal petition is by the convict-petitioners for leave to appeal from the judgment and order dated 16.07.2008 passed by the High Court Division in Criminal Appeal No......ns Judge upholding the conviction and sentence imposed upon the leave-petitioners and as such, the impugned judgment should be set aside. He further submits that the prosecution could not examine any independent witnesses to prove its case and that the High Court Division relying upon the evidence o......ade on proper appreciation of laws and facts do not call for interference. Accordingly, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: 6 Aug, 2012 | Hits: 113
Yasin Rahman @ J Rahman Yasin @ Titu Vs. State, 2012, 41 CLC (AD)
....ts of four convicted persons as corroborative evidence under section 30 of the Evidence Act in support of the charges. Their statements cannot be used in any manner against the appellant without corroboration by Osman and then also, there must be other independent evidence to corroborate those ...... passed by the trial Court has been called in question on the ground that there is no legal evidence in support of the charges. 3. Admittedly victim Jibran was murdered on his way home back from office on 9th June, 1999 at about 5-30 PM. According to the prosecution version, Titu had love ......ors there must be presence of concert of action. It is not sufficient if the prosecution proves the agreement to co-operate. It must be proved beyond doubt that the accused charged with are independently pursuing to the same end, that is to say, they have come together to the pursuit ......lls from which it was detected that the communication was for the purpose of implementing the killing through Alamgir who is turn gave direction to the confessing accused. P.W.48 did not disclose the source where from he had ascertained that the appellant and accused Alamgir talked many a times prio..Category: Criminal Law | Date: 1 Aug, 2012 | Hits: 36
National Board of Revenue Vs. Abu Saeed Khan and others, 2012, 41 CLC (AD)
....victims. The appeals are, therefore, allowed without any order as to costs with the above observations. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 116. ......maintainable in the light of the principles settled by this Division in Mohiuddin Farooque, Professor Mozaffor Ahmed, and Ms. Syeda Rizwana Hasan. It is also noticeable that after seeking an order from the High Court Division by filing a PIL, the lawyers are appearing before the electronic and p......ication Act, 2001 was promulgated for the purpose of development and efficient regulation of telecommunication system and Telecommunication services in Bangladesh and with that end in view, an independent Commission under the name the Bangladesh Telecommunication Regulatory Commission (BTRC)......victims. The appeals are, therefore, allowed without any order as to costs with the above observations. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 116. ..Category: Fiscal/Taxation Law | Date: 1 Aug, 2012 | Hits: 27
Monindra Nath Biswas Vs. Kantaram Mondal and others, 2012, 41 CLC (HCD)
....his Court stands vacated. The office is directed to send the lower Court's record. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 308. ......the plaintiff supported the fact of benami declaration, particularly the P.W.3 being the seller of the property, on oath adduced before the Court that he received consideration money of the suit land from the plaintiff handed over possession of the same in favour of the plaintiff. In view of the abo......his Court stands vacated. The office is directed to send the lower Court's record. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 308. ......sentials which got to be proved by the plaintiff by adducing evidence:- i) the custody of document by which the property was acquired; ii) motive of acquisition of property; iii) source of purchase money; iv) possession of the parties; v) the relationship between them;..Category: Property Law, Procedural Law | Date: 31 Jul, 2012 | Hits: 5
Energy Prima Ltd Vs. People's Republic of Bangladesh and others, 2012, 41 CLC (HCD)
....anted earlier by this Court is hereby vacated accordingly. There is no order as to costs. Communicate this judgment at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 67 ......dgment. 2. In Writ Petition No. 3 877 of 2009 Rule was issued calling upon the respondents to show cause as to why the deduction of Advance Income Tax (AIT) @ 4% by the respondent Nos. 1-4 from the monthly Rental and Energy Payment bill (Annexure-E & E-1) ......is was not in existence. Next, he submits that the rental basis power stations is established for a particular period and the exemption from corporate income tax for a period of 15 years is given for independent Power Project (IPP) only, which is established permanently. Therefore, the petition......der the existing Private Sector Power Generation Policy of Bangladesh-1996 (Revised in 2004). The Government of Bangladesh created and set up a Power Cell under the Ministry of Energy & Mineral Resources (MEMR) in 1995. The power Cell has a mandate to lead private power development, recomme..Category: Business or Commercial Law, Constitutional Law | Date: 29 Jul, 2012 | Hits: 6
Md. Arfan Ullah alias Arfan and others Vs. The State, 2012, 41 CLC (HCD)
.... the rule and extended from time to time is hereby vacated. Communicate a copy of this judgment to the Court concerned expeditiously. This Case is also Reported in: 21 BLT (HCD) (2013) 28 ...... vain. It is the belief of the complainant that the accuseds in order to grab properties of the victim abducted him or killed him and hide his dead body. The complainant obtained Chairman Certificate from Gaznaipur Union Parishad to the effect that the victim Mosonullah was not died there. It is als......quashed as the allegation upon which it is based on the face of it is groundless or preposterous and no man of ordinary prudence will take any notice of it. He further submits that Section 561A is an independent inherent power of the High Court Division and this power can be exercised in case of the...... the rule and extended from time to time is hereby vacated. Communicate a copy of this judgment to the Court concerned expeditiously. This Case is also Reported in: 21 BLT (HCD) (2013) 28 ..Category: Criminal Law, Procedural Law | Date: 25 Jul, 2012 | Hits: 1
Ishaque Ali (Md.) Vs. State, 2012, 41 CLC (HCD)
....r, Meherpur and District and Sessions Judge, Meherpur. Send down the LC Record at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 453 ...... investigation submitted final report in the said Meherpur PS Case No. 12 dated 22-9-1996 as the victim succumbed to the injuries and subsequently the police procured another First Information Report from P.W.1 the brother of the victim, which is not a correct First Information Report. He further su......s of them 9 were examined and 11 were withheld by the prosecution. 56. It has been held in the case of Knwsarun Nessa Vs. State reported in 48 DLR 196, that:— "Non-examination of independent witnesses, especially some of the close neighbours calls for a presumption against the p......r, Meherpur and District and Sessions Judge, Meherpur. Send down the LC Record at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 453 ..Category: Criminal Law | Date: 25 Jul, 2012 | Hits: 9
AKM Shafiuddin Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....on. Accordingly we have decided to dispose this matter with observations. Consequently, this application is disposed of with the observations made above. Ed. This Case is also Reported in: ......there is no transgression by one organ into the domain of the other. The three organs of the State, namely- the Executive, Legislature and the Judiciary, each of which operates in its own domain free from dictation and encroachment from the others. It is in utmost public interest and for the preserv......member may be determined by Act of Parliament.” 30. Article 94(4) of the Constitution provides that subject to the provisions of the Constitution the Chief Justice and the other Judges shall be independent in the exercise of their judicial functions. Article 96 of the Constitution provides : ......preme Court or judge thereof. They submit that making such observations the Hon'ble Speaker has usurped the powers and functions of the Supreme Judicial Council basing on hearsay and no more reliable source than print and electronic media, without taking into cognizance the verbatim record of the or..Category: Constitutional Law | Date: 24 Jul, 2012 | Hits: 236
....is acquitted from the charges brought against him.
The Rule is disposed of accordingly.
Ed.
This Case is also Reported in: 65 DLR (HCD) (2013) 237
...... respondent-contemner offered unconditional apology at the very initial stage of this proceeding. According, he prays, that the apology may graciously be accepted and the contemner be exonerated from the charges.
5. Mr. Kamal-ul-Alam with Mr. Shahanaj Akther, the learned Advocates appearin......is power. Besides, conferment of this power is the fundamental pre-requisite for ensuing the rule of law as well as to find justification in establishing, maintaining and continuation of an independent judicial system in any democratic polity governed by and under the Constitution of the R......is acquitted from the charges brought against him.
The Rule is disposed of accordingly.
Ed.
This Case is also Reported in: 65 DLR (HCD) (2013) 237
..
Category: Contempt of Court Law | Date: 10 Jul, 2012 | Hits: 5
Ancient Traders Limited and others Vs. Chittagong Port Atuthority, 2012, 41 CLC (HCD)
....and hence, have legal effect. In the result, the Rule is discharged. There will be no order as to costs. Abdur Rob J. - I agree. Ed. This Case is also Reported in: ...... labour and other staffs, etc. on shore as per agreement with the respondent No.1. Regulation 74 of the Regulations states that a Shore Handling Contractor is required to handle the cargo on shore from transit shed or shipper’s transport to vessel hook and/or vice versa and that the respondent......and hence, have legal effect. In the result, the Rule is discharged. There will be no order as to costs. Abdur Rob J. - I agree. Ed. This Case is also Reported in: ......hereof. Hence, it is apparent that payment of the Berth Operators in respect of handling the cargo and container are made by the CPA using “public fund”(Annexure-X(V) series). Moreso, since the source of fund had been mentioned at serial No.10 of the impugned tenders as “revenue budget and ..Category: Others | Date: 21 Jun, 2012 | Hits: 20
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