Search Options
Judgment Advanced Search
Displaying 1001-1020 of 2232 results.
Abdur Rahim Chowdhury Vs. Bangladesh Bank, Dhaka and others, 1997, 26 CLC (HCD)
....n the prayer of the petitioner let the operation of the order be stayed for 4 days to enable the petitioner to move the Appellate Division. Ed. This Case is also Reported in: 51 DLR (1999) 231. ......ful authority and is of no legal effect. 2. The petitioner in this writ petition has impugned the directive issued upon him purportedly under section 46(2) of the Bank Company Act, 1991 to refrain from discharging the responsibilities of the Managing Director, Arab Bangladesh Bank until further o......he English synonym, in our opinion, is “satisfaction” and in the proviso to sub-section (2) it is ‘opinion.’ The main thrust in the argument for the petitioner has been that there has been no independent and separate satisfaction by the Bangladesh Bank that 7 days time given to the petitione......n the prayer of the petitioner let the operation of the order be stayed for 4 days to enable the petitioner to move the Appellate Division. Ed. This Case is also Reported in: 51 DLR (1999) 231. ..Category: Employment/Service Law | Date: | Hits: 79
Md. Ashraf and others Vs. State, 2011, 40 CLC (HCD)
.... to cancel the bail, if the accused appellants misuse in any way the privilege of bail. Communicate the order. Md. Ashraful Kamal J.- I agree. Ed. This Case is also Reported in: ...... the accused persons, the trial court even though rejected the prayer for bail on holding that there is a specific allegation against the appellants and recovery of fire arms and ammunition were made from the specific control and possession of the appellants and this findings is illegal and the othe......d to the application, it appears that there is no specific mention the name of the persons from whom the alleged arms were recovered and the aforesaid factual aspect of the case in the absence of any independent liability regarding the control and possession of the fire arms we find the findings the...... to cancel the bail, if the accused appellants misuse in any way the privilege of bail. Communicate the order. Md. Ashraful Kamal J.- I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 60
Shah Abdul Hannan and others Vs. Bangladesh, 2010, 39 CLC (HCD)
....rder as to cost. All interlocutory orders, issued earlier, are hereby vacated. Mohammad Anwarul Haque J.- I agree. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 386. ......Exploration as Stated 4. Detailing the history of oil exploration in Bangladesh, the petitioners stated that this can be divided into four periodic phases, the first one being between the period from 1910 to 1933, the second one being between 1951and 1971, the third one extending over the years......rder as to cost. All interlocutory orders, issued earlier, are hereby vacated. Mohammad Anwarul Haque J.- I agree. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 386. ......in Choudhury J Shah Abdul Hannan and others ………………………………………………Petitioners Vs. Bangladesh, represented by the Secretary, Ministry of Energy and Mineral Resources,Government of Bangladesh, Bangladesh Secretariat, Segunbagicha, Dhaka and others…………..Category: Constitutional Law | Date: | Hits: 231
Rowshan Ali (Md.) Vs. State, 2000, 29 CLC (HCD)
....his bail bonds immediately to serve out the remaining portion of sentence imposed upon him. Send down the lower Court records immediately. Ed. This case is also Reported in: 52 DLR (2000) 510....... Ali, Ward Commissioner, Bera Pourshava for distribution of the same amongst the distressed persons of his locality. Accused Rowshan Ali on 11-10-90 lifted 20 metric tonnes or rice vide DO No.0010103 from the Bera Food Godown by putting signature in the Bill Token Register. It was stipulated in the ......st any distressed person of his locality misappropriated the entire 20 metric tons of relief rice for making illegal gains at the expense of the distressed people. All these witnesses are found to be independent, natural and probable witness having no animus against the accused person and they remai......his bail bonds immediately to serve out the remaining portion of sentence imposed upon him. Send down the lower Court records immediately. Ed. This case is also Reported in: 52 DLR (2000) 510...Category: Criminal Law | Date: | Hits: 88
Begum Tahmina Vs. Government of Bangladesh, 2000, 29 CLC (HCD)
....-2/5231 dated 27-3-94 (Annexure-A) to the writ petition is declared to have been passed without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 52 DLR (2000) 503. ......y trouble and harassment through arrest in connection with GD entry No.6767 dated 12-6-93 under section 54 of the Code of Criminal Procedure for which she moved the Metropolitan Magistrate Court wherefrom she was granted bail but she was thereafter served with order of detention under Special Powers......-2/5231 dated 27-3-94 (Annexure-A) to the writ petition is declared to have been passed without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 52 DLR (2000) 503. ......ove impugned notice dated 27-3-94 (Annexure-A) under section 4(1) of the Anti-Corruption Act asking her to submit statements of her properties moveable and immoveable including liabilities disclosing sources of her income standing in her own name or in the names of her dependents within 45 days fail..Category: Criminal Law | Date: | Hits: 78
Hussain Muhammad Ershad Vs. Abdul Muqtadir Chowdhury and another, 2001, 30 CLC (HCD)
.... with observations made above. Let a copy of this judgment be forwarded to the Secretary to the Parliament. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 569, 26 BLD (HCD) (2006) 261.......ngladesh Parliament Secretariat, Law Division 2, declaring his seat as a Member of the Parliament vacant. 2. The petitioner challenged the notification on the facts that he was a Member Parliament from 21 Rangpur, Constituency No.3. He contested from all five Constituencies including the aforesai......e granted bail in an appropriate case but a sitting member of Parliament loses his qualification at once because his such qualification under clause (1) of Article 66 is subject to clause (2) and not independent of it. 69. In this connection, it is necessary to examine clause (1) and clause (2) o...... with observations made above. Let a copy of this judgment be forwarded to the Secretary to the Parliament. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 569, 26 BLD (HCD) (2006) 261...Category: Constitutional Law | Date: | Hits: 202
.... further directed that the petitioner should not be evicted without observing the provisions of law. There will be no order as to cost.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 540.......eral—For the Respondents.
Writ Petition No. 59 of 1994.
Judgment
SAN Mominur Rahman J.- In this Rule respondents were directed to show cause why the proposed eviction scheduled for 5-1-94 from the land as mentioned in the letter dated 3-1-94 (Annexure-A) to the writ petition should not b...... further directed that the petitioner should not be evicted without observing the provisions of law. There will be no order as to cost.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 540....... not include right to life by any means. The right to life may however include lawful livelihood inasmuch as right to life leads to survival and no one can survive without food and for procuring food source of income is necessary and such source of income is the livelihood. The earnings may come fro..
Category: Property Law | Date: | Hits: 97
Commissioner of Taxes Vs. Bangladesh Chemical Industries Corporation, 2000, 29 CLC (HCD)
....27 of 1992, 28 of 1992, 29 of 1992, 30 of 1992, 32 of 1992, 31 of 1992, 34 of 1992, 35 of 1992. There will be no order as to cost. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 509. ......oration is the respondent and revenue is the applicant. 4. In these four reference applications the Taxes Appellate Tribunal treated the aforesaid corporations as Local Authority and exempted them from paying taxes under section 4(3)(iii) of the Income Tax Act, 1922 (hereinafter called the Act) a......27 of 1992, 28 of 1992, 29 of 1992, 30 of 1992, 32 of 1992, 31 of 1992, 34 of 1992, 35 of 1992. There will be no order as to cost. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 509. ......al income as per section 2(15) means total amount of income, profits or gains referred to in sub-section(I) of section (4) and sub-section (I) of section 4 specifies that income derived from whatever source shall be included in the total income. Thus the taxing department as well as the Tribunal did..Category: Fiscal/Taxation Law | Date: | Hits: 86
Sohail Thakur and others Vs. State, 1998, 27 CLC (HCD)
....rar is directed to send copy of this judgment to the Sessions Judges for their future guidance and compliance with the directions made above. Ed. This Case is also Reported in: 51 DLR (1999) 199.......show cause against the vague allegation of absence of one or two petitioners. (7) There is no specific allegation against any petitioner of assaulting the victim. Merely because they were arrested from or near the place of occurrence in the absence of any specific allegation against them the peti......owed bail to those three petitioners. Then on 8-2-98 learned Sessions Judge cancelled bail of petitioner Nos. 1 and 2 on their claim that they were allowed bail by this Court. But there was never any independent consideration of the prayer for bail of the petitioners who have been charged under sect......rar is directed to send copy of this judgment to the Sessions Judges for their future guidance and compliance with the directions made above. Ed. This Case is also Reported in: 51 DLR (1999) 199...Category: Criminal Law | Date: | Hits: 33
Bengal Bricks Industries Ltd. Vs. Al-haj Md. Ishaque Chowdhury and others, 2004, 33 CLC (HCD)
....the appeal is allowed with cost. Impugned judgment and decree are hereby set aside. The suit is dismissed. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 62. ......e Judge at Chittagong. 3. Plaint case, in short, is that 'defendant No. 2, partnership firm obtained lease of entire suit property as described in the schedule to the plaint for 99 years on 7-8-63 from the Public Works Department of the erstwhile East Pakistan Government. While said firm was thus......t or rescission and/or alteration the contract need not be performed. But here in the case before us defendant No. 1 just relinquished and waived a part of the contract which is clearly severable and independent from the other part, that is schedule 1(Ka)". 77. Section 15 of the Specific Relief A......the appeal is allowed with cost. Impugned judgment and decree are hereby set aside. The suit is dismissed. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 62. ..Category: Property Law | Date: | Hits: 71
Shamsul Haque Vs. Luna Fahmida Rahman and others, 2004, 33 CLC (HCD)
....l Haque in Other Suit No. 15 of 98 is directed to vacate the suit house within sixty days from date positively. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 51.......zra, (1974) 2 SCR 90. Lawyers Involved: Mahbubey Alam with Md. Mozammel Hossain and Md. Sagir Anower, Advocates—For the Appellant. Shafique Ahmed, Advocate—For the Respondents. Appeal from Original Decree Nos. 505 & 506 of 2000. Judgment Md Abdur Rashid J.- We heard both ap......duddin Ahmed purchased the suit land and got it registered in the name of his daughter, Farida Rahman by kabala being No. 42106 dated 15-12-67. 18. At that time, Farida Rahman had no separate and independent source of income of her own. Mokhleshur Rahman then decided to make a two-storied buildi...... purchased the suit land and got it registered in the name of his daughter, Farida Rahman by kabala being No. 42106 dated 15-12-67. 18. At that time, Farida Rahman had no separate and independent source of income of her own. Mokhleshur Rahman then decided to make a two-storied building upon the ..Category: Property Law | Date: | Hits: 139
Abu Taher Vs. State, 2005, 34 CLC (HCD)
....ubmits that the evidence given by PW 3 that for 4/5 days before the occurrence the appellant was seen in his house is not reliable as his relationship with the appellant was inimical and there was no corroboration. Moreover, PW 2 the father of the deceased said that when he came to the place of occu......throttled her to death and thereafter gave out that she committed suicide by hanging. Next morning Abdul Mazid Kha, the father of deceased Lili Begum, getting information of the death of his daughter from accused Abul Hashem Kha, brother of the appellant, came to the house of the appellant and found......t the appellant was seen in the locality for 4/5 days before the occurrence. His such evidence is inconsistent with PW 2. Moreover, relationship of PW 3 with the appellant was inimical. He was not an independent and disinterested witness. Furthermore, his evidence does not prove presence of the appe......ted in any other case. Send down the lower Court's records at once with a copy of the judgment for information and taking necessary action. Ed. This Case is also Reported in : 58 DLR (2006) 34. ..Category: Criminal Law | Date: | Hits: 41
World Tel Bangladesh Ltd. Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....discharged without any order as to costs. The order of status quo granted at the time of issuance of the Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 58 DLR (2006) 14....... result, discussion took place but in spite of objection of the petitioner. BTRC by memo dated 20-4-2004 (Annexure-A) in exercise of power under section 90 of the BT Act deleted co-exclusivity clause from the Licence Agreement permitting the petitioner to implement the project in terms of the Licenc......latory framework for the telecommunications sector is in the process of being established in Bangladesh. In particular, it is anticipated that a new Telecommunications Act will be enacted and that an independent regulatory body will be established to regulate the telecommunications sector as the suc......discharged without any order as to costs. The order of status quo granted at the time of issuance of the Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 58 DLR (2006) 14...Category: Information Technology Law | Date: | Hits: 321
Nizam Hazari Vs. State, 2001, 30 CLC (HCD)
....arty. . . The Court as a rule of prudence and caution and in order to exclude every possibility of inducement of an innocent person in the case by prosecution along with guilty person always look for corroboration of interested testimony in the case with some other independent circumstances in the c......sted testimony in the case with some other independent circumstances in the case to create probable basis to base conviction on the basis of such evidence. Corroboration in such cases may come either from the words of an independent witness supporting prosecution story or such corroboration may also......e ………………Respondent. Judgment May 2, 2001. Result: The appeal is dismissed. Evidence of police personnel It is a matter of common knowledge that now-a-days impartial and independent witnesses do not dare to come forward to give evidence against offenders, specifically a......nal No.14, Chittagong in Special Tribunal Case No.757 of 1999 stand maintained. Lower Court Records be sent down immediately. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 475. ..Category: Criminal Law | Date: | Hits: 58
Milon @ Shahabuddin Ahmed Vs. State, 2001, 30 CLC (HCD)
.... Ahmed are hereby maintained. Send down the lower Court records along with a copy of this judgment to the Court concerned at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 464. ......a town when he learnt that his, son Md. Azharul Islam alias Azhar and another boy were stabbed and sustained severe injuries in front of a sweetmeat shop Shital Bhandar which was about 200 yards away from his studio. The informant rushed to the place of occurrence and heard that his son Azhar and th......arned Advocate referred to section 114(g) of the Evidence Act and cited 2 cases. In the case of Alkas Mia and others Vs. The State, reported in 25 DLR 398 it has been held that, “Non examination of independent witnesses, particularly some of the neighbours raises a presumption against the prosecut...... Ahmed are hereby maintained. Send down the lower Court records along with a copy of this judgment to the Court concerned at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 464. ..Category: Criminal Law | Date: | Hits: 35
Gurvinder Singh Vs. Secretary, Ministry of Finance and others, 1992, 21 CLC (HCD)
.... In the result, this Rule is disposed of on the above observations without any order as to costs. Communicate this order at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 434. ......ted, having its corporate office at 146 W 29th Suit No.6 New York 10001, USA of which he is the president. It is the case that his company imported millions of dollars worth of garment goods into USA from Bangladesh and the export is done mostly by air freight. The local office therefore generates n...... In the result, this Rule is disposed of on the above observations without any order as to costs. Communicate this order at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 434. ......gladesh and therefore, taxable. Section 17 of the Income-Tax Ordinance described total income of any individual in relation to a person “who is a resident” in Bangladesh, all income from whatever source derived, which is received or deemed to be received in Bangladesh by or on behalf of such per..Category: Fiscal/Taxation Law | Date: | Hits: 98
Progoti General Insurance Co. Ltd. Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)
....ormulated by us in the negative and in favour of the assessee petitioner. There will be no order of cost. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 424, 53 DLR (HCD) (2001) 531. ......did not create a charge on the income earning apparatus, rather this created an obligation on the assessee which could be discharged by an application of the income earned by the assessed. It appears from the impugned order that relying on the decision of Shitaldas Tirathdas case reported in 41 ITR ......ormulated by us in the negative and in favour of the assessee petitioner. There will be no order of cost. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 424, 53 DLR (HCD) (2001) 531. ......the facts and in circumstances of the case the Taxes Appellate Tribunal was justified in holding that the levy is not the interest income and dividend income which is derived by virtue of holding the source and the levy is chargeable when the income accrued as such the Deputy Commissioner Taxes was ..Category: Fiscal/Taxation Law | Date: | Hits: 104
Mainuddin Chowdhury & others Vs. State and another, 2001, 30 CLC (HCD)
....itioners No.4 be enlarged on bail to the satisfaction of the Deputy Commissioner, Chittagong, if not wanted in any other connection. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 416. ......that the application for cancellation of bail is motivated and mala fide as it was filed after filing of the petition of compromise in the case before the Court and after taking bail of the informant from the Court below in the counter case filed by the petitioner No.1 on the self-same incident agai......alleged threat was made and the police report is also vague and it does not mention any specific incident of threat. The learned Advocate also submits that the learned Sessions Judge did not make any independent opinion of his own on merit of the grounds taken in the application by the informant opp......itioners No.4 be enlarged on bail to the satisfaction of the Deputy Commissioner, Chittagong, if not wanted in any other connection. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 416. ..Category: Criminal Law | Date: | Hits: 43
Osena Begum alias Babuler Ma and another Vs. State, 2003, 32 CLC (HCD)
.... Secondly, he submitted that the variances and contradictions as appeared in the testimonies of the witnesses would not justify conviction and sentence upon such tainted dying declaration without any corroboration whatsoever cannot be sustained in law. 30. Thirdly, he submitted that when the time......did not take initiative. Then, they went to the house of father of the victim Hazera at village 'Dattapara' under 'Kalikachha' Union and found Hazera lying in a thatched hut. Whole body of the victim from neck to abdomen looked like roasted, horrible and she was restless from pain. He then, inquired......r case. Let a copy of this judgment be sent to the learned Additional Sessions Judge for his guidance. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (2003) 299. ......r case. Let a copy of this judgment be sent to the learned Additional Sessions Judge for his guidance. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (2003) 299. ..Category: Criminal Law | Date: | Hits: 49
.... of the review petitioners the same is set aside on review.
In the result, the Rule is made absolute without any order as to costs.
Ed.
This Case is also Reported in: 55 DLR (2003) 289.
...... started functioning under the leadership of the review petitioners. Meanwhile, some disgruntled members of the said samity having failed to secure desired posts and position in the samity broke away from it and formed another parallel rival samity on 25‑8‑97 under the same name. The original sa...... of the review petitioners the same is set aside on review.
In the result, the Rule is made absolute without any order as to costs.
Ed.
This Case is also Reported in: 55 DLR (2003) 289.
......of the proceeding arising out of a writ petition relating to a civil matter, as in the instant case. A proceeding taken for the enforcement of a civil right is a civil proceeding, whatever may be the source of the Court's jurisdiction invoked for enforcement of such a right. According to Stroud's Ju..
Category: Others | Date: | Hits: 119
47064701469446914690466946614654464946424640463746344624462246154612461046044600