Search Options
Judgment Advanced Search
Displaying 1061-1080 of 3458 results.
State Vs. Md. Mobarak and others, 2008, 37 CLC (HCD)
....ts case beyond reasonable doubt. In a criminal case it is the duty of the Court to review the entire evidence that has been produced by the prosecution and the defence. If after an examination of the whole evidence, the Court is of the opinion that there is a reasonable possibility that the defence ......sions Judge. 137. Send down the L.C. records at once. 138. Send a copy of the judgment to the trial Judge at his present place. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 138. ....... It is true that C.R. Case No.90 of 1997 was initiated through Sarafat Ali. It is not a fact that Anti Corruption Department gave opinion for false certificate. It is a fact that he has refunded the money taken by him for degree honours examination. He could not remember whether was informant or wi..Category: Criminal Law | Date: | Hits: 89
Md. Isahaque Ali and others Vs. State, 2007, 36 CLC (HCD)
....the merits of the case and fixed formula can be adopted……………………………………..(63) It is the duty of the prosecution to prove the prisoner's guilt. If at the end of and on the whole of the case, there is reasonable doubt created by the evidence given by either the prosecution...... by the accused during such examination should be considered by the court. The words, "it may be taken into consideration in such inquiry or trial" in sub-section (3) of section 342 of the Code would amount to a legislative guideline for the court to give due weight to such answers though it does no...... bail by this Division, are discharged from the respective bail bond. Send down the L.C.R at once. Md. Rezaul Haque J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 93. ..Category: Criminal Law | Date: | Hits: 84
....6 of 1980 is hereby set aside and the suit is dismissed.
Send down the lower Court records at once.
Md. Arayes Uddin J.- I agree.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 176.
......er hand defendants examined no witnesses.
5. The trial Court after considering the issues, deposition and other materials on record concluded the trial and decreed the suit for realization of an amount of Tk. 1,01,063,52 with interest.
6. Being aggrieved by and dissatisfied with the impugned......6 of 1980 is hereby set aside and the suit is dismissed.
Send down the lower Court records at once.
Md. Arayes Uddin J.- I agree.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 176.
..
Category: Admiralty Law or Maritime Law | Date: | Hits: 486
....05 (Annexure-C) is hereby declared to have been issued without lawful authority and, as such, of no legal effect. Communicate at once.
Ed.
This Case is also Reported in:61 DLR (HCD) (2009) 734.
......ayment and/or adjustment of VAT to the extent of Taka 14, 25, 89,149.
11. By the notice, said respondent asked the petitioner to show cause within seven days of receipt as to why a demand for said amount of evaded VAT would not be issued and proper actions under the law and rules would not be tak......05 (Annexure-C) is hereby declared to have been issued without lawful authority and, as such, of no legal effect. Communicate at once.
Ed.
This Case is also Reported in:61 DLR (HCD) (2009) 734.
..
Category: Fiscal/Taxation Law | Date: | Hits: 131
....a copy of this judgment and order be sent to the Hon'ble Prime Minister for perusal and necessary action as per our observations made above.
Ed.
This Case is also Reported in:55 DLR (2003) 171.
......of the availability of the parties interested in setting up of container terminals, at least during the relevant period the authority ought to have gone for competitive bids, more so when no specific amount of the expected money was mentioned in the letter of the respondent No. 8 dated 29‑12‑199......the parties interested in setting up of container terminals, at least during the relevant period the authority ought to have gone for competitive bids, more so when no specific amount of the expected money was mentioned in the letter of the respondent No. 8 dated 29‑12‑1997, which Bangladesh wou..
Category: Others | Date: | Hits: 113
BRAC vs. National Board of Revenue and another, 2008, 37 CLC (HCD)
....gal and/or unauthorized and as such, of no legal effect. In the result, the Rule is discharged with cost. Communicate at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 245. ......eal under sub-section (1) shall lie against an order of the Appellate Joint Commissioner or the Commissioner (Appeals), as the case may be, unless- (a) the assessee has paid twenty per cent of the amount representing the difference between the tax determined on the basis of the order of the Appel......gal and/or unauthorized and as such, of no legal effect. In the result, the Rule is discharged with cost. Communicate at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 245. ..Category: Fiscal/Taxation Law | Date: | Hits: 171
Md. Abul Basher Vs. The Judge, First Artha Rin Adalat, Chittagong and others, 2008, 37 CLC (HCD)
....xecution case in such situation if the financial institution or bank is allowed to continue the execution case years together holding the provision of section 37(1) of the Ain, 2003 is directory, the whole purpose of the Ain, 2003 will be frustrated as well as the borrower/s will suffer unnecessary ......tiff instituted Mortgage Suit No.4 of 1987 in the Court of Subordinate Judge, 2nd Commercial Court and Artha Rin Adalat, Chittagong impleading the petitioner as defendant No.1 and another claiming an amount of Tk. 2,14,179/- with 18% interest till the date of realization. Ultimately, the said Mortga......to dispose of the Artha Rin Execution Case No.208 of 2004 expeditiously. Communicate the judgment to the Adalat concerned at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 208. ..Category: Civil Law | Date: | Hits: 136
Mrs. Rokeya Begum Vs. Chartered Credit Cooperative Ltd., 2009, 38 CLC (HCD)
....itan Assistant Sessions Judge, 5th Court, Dhaka should not be quashed. 29. The order of stay granted earlier shall stands vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 274. ......984 and the accused petitioner is the member of the said society and she obtained loan of Taka 23,00,000/= with a condition to pay the said loan within 90 days but failed to pay in time although same amount was paid; that the accused paid part of money by cheque dated 15.02.2006 from Saving account ......ith the cases relating to promissory Notes, Bills of exchange and cheques. It is a special type of law. It has supremacy over general laws. It is enacted specially for the purpose of realization of money of dishonoured cheques…………………………(25) Cases Referred to- Nizamuddin ..Category: Criminal Law | Date: | Hits: 70
State Vs. Delwar Hossain & others, 2011, 40 CLC (HCD)
....11. So, the Judgment and order of conviction and sentence of the appellant is not sustainable in the eye of law. He further submits that there is a serious doubt as to the occurrence of the case as a whole and the Court below illegally convicted and sentenced the condemned-prisoner Isahak. Therefore...... on them in order to commit dacoity but for the strong resistance made by the informant party they could not be successful. So, such action of the accused was a strong attempt to commit dacoity which amounts to commission of dacoity in view of section 391 of the Penal Code and at the time of occur......ru, Lalu and Shafique be called for. Let a copy of this Judgment and Order be communicated to the Court below concerned at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 356. ..Category: Criminal Law | Date: | Hits: 158
Waseq Ullah & Others Vs. Rezia Khatun and Others, 2010, 39 CLC (HCD)
....riate authority challenged the impugned certificate proceedings. Mere irregularity for non observance of any procedural law or minor anomalies of facts do not render the proceeding null and void as a whole. Stranger like plaintiff has no locus standi to challenge the same. With the certificate sal......ible for them to reside at Pakistan, they entered into an oral agreement with the plaintiff for selling ‘ga’ schedule land at a consideration of Taka 2,000 and after receiving most of the settled amount, in 1952 they gave possession of ‘ga' schedule land in favour of the plaintiff with underta......a Majumder have been recorded as possessor. The said lands of district survey No.75 and MRR No.95, for arrear of rents, were put into auction in Certificate Case No.15930/1960-61. Having need of cash money, the original orders, by concealing the aforesaid fact, sold certain land of dag Nos.513 and 5..Category: Property Law | Date: | Hits: 83
....pay VAT, and the amount already deducted from their bills is liable to refund. We direct the parties to bear their respective costs.
Ed.
This Case is also Reported in: 55 DLR (HCD) (2003) 691.
......PSI Agencies, and the grounds given in the letter for imposition of VAT was that PSI Agencies fell within the definition of survey companies under Code No.S020.00 of Schedule 2 to the VAT Act and the amount to be deducted was specified to be 15% of 20% of the PSI fees. The petitioners wrote to the r......od of three years. The petitioners under the arrangement with the Government have been satisfactorily carrying on their works and receiving payment thereof without any withholding or deduction of any money on account of VAT. It was agreed upon that Pre-shipment Inspection Order 1999 being SRO 316-La..
Category: Fiscal/Taxation Law | Date: | Hits: 119
....ition as opposite parties is allowed. Petitioners are added as Eighth Fifteenth opposite parties in Civil Revision case.
No cost.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 393.
......es that the petitioners of the petition as allottees of Government were allotted .75 acres of property from Industrial Plot No.190 appertaining Cadastral Survey Plot No.428 and they deposited a total amount of Taka 5,66,375 + 61,83,625 - 67,50,000.00 as lease money and Government executed and regist......rnment were allotted .75 acres of property from Industrial Plot No.190 appertaining Cadastral Survey Plot No.428 and they deposited a total amount of Taka 5,66,375 + 61,83,625 - 67,50,000.00 as lease money and Government executed and registered lease deed in favour of Petitioners and Petitioners got..
Category: Property Law | Date: | Hits: 82
Zafar Ahmed Vs. Mir Iftekharuddin & another, 2009, 38 CLC (HCD)
....al Judge is directed to proceed with the case expeditiously. Send a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 732. ......al Judge is directed to proceed with the case expeditiously. Send a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 732. ......wo cheques dated 30-7-2006 and 12-8- 2006, for payment of Taka 5, 00,000 and 10, 00,000 Respectively, were issued in favor of the complainant- opposite party No. 1 as partial payment of consideration money for sale of the SA Apparel, a Garment Factory. The complainant opposite party No. 1, on receip..Category: Procedural Law | Date: | Hits: 128
Sadek Hossain Khoka and others Vs. Election Commission for Bangladesh and others, 2008, 37 CLC (HCD)
....7. When the question arises as to the meaning of a certain provision in a statute, it is not only legitimate but proper to read that provision in its context. The context here means, the statute as a whole, the previous state of the law, other statutes in pari materia, the general scope of the statu......াপ্রাপ্ত লাভজনক পদ বা অবস্থান. In other words, a person for holding the said office is expected to make pecuniary gain or material benefit. Here the amount of money receivable by a person in connection with the office he holds may be material in dec......রাপ্ত লাভজনক পদ বা অবস্থান. In other words, a person for holding the said office is expected to make pecuniary gain or material benefit. Here the amount of money receivable by a person in connection with the office he holds may be material in deciding whet..Category: Constitutional Law | Date: | Hits: 466
Bangladesh Water Development Board Vs. MR. Sikder, 2003, 32 CLC (HCD)
....been appointed the sole arbitrator in the case on the consensus of the parties but out of the unilateral initiative of the plaintiff, which is evidently contrary to the agreement for arbitration. The whole exercise made by Mr. Justice Chowdhury is thus coram non judice and consequently, void ab init...... 13. P.W. No.1 MR Sikder stated in his evidence that he is the Managing Partner of M/s MR. Sikder & Co. He stated that he got the contract for Chittagong Patenga Coastal Embankment Project for an amount of Taka 13,87,15,700.00 but they could not complete the work on the schedule due to the devas......eous case No.207 of 1994 of the 3rd Court of Subordinate Judge, Dhaka stands allowed. Send down the lower Courts records at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 682. ..Category: Alternative Dispute Resolution | Date: | Hits: 543
Sadiul Alam Vs. State, 2012, 41 CLC (HCD)
....s hereby quashed. Let the lower Court's record along with a copy of this Judgment be sent down to the concerned Court immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 146. ......t an initial stage may be justified where the facts are so preposterous that even on admitted facts no case stands against the accused. (2) Where the institution and continuation of the proceeding amount to an abuse of the process of the Court. (3) Where there is a legal bar against the initia......stly misappropriated it or converted it to her or his own use; c) That the accused held the property in fiduciary capacity…………………………………(27) The transaction of loan money under a loan agreement do not operate as an entrustment under section 405 of the Penal Code. A..Category: Criminal Law | Date: | Hits: 92
Pochon Rikssi Das Vs. Khuku Rani Dasi and others, 1997, 26 CLC (HCD)
....luded from the purview of Family Courts Ordinance. 11. Before we decide the points raised let us look into the law itself. Section 1(2) of Family Courts Ordinance, 1985 provided that it extends to whole of Bangladesh except the three Hill Districts and section 3 provided that the provisions of th......Appellate Court and District Judge, Shariatpur who by his judgment dated 16-8-90 affirmed the decree with certain modifications that the defendant petitioner shall pay to the plaintiff and her son an amount of Taka 300.00 and Taka 200.00 respectively towards their maintenance which will be effective...... for the services rendered by the Amici Curiae who took great pains in addressing the Court on the subject of great public importance. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 47. ..Category: Family Law | Date: | Hits: 209
Touhid & Others Vs. State, 2006, 35 CLC (HCD)
....ff quoted observation of Lord Sankey L.C. in Woolmington Vs. Director of Public Prosecutions (1935) AC 462 may be noticed which are couched in following language: "If at the end of and on the whole of the case there is a reasonable doubt created by the evidence given by either the prosecutio......r XVI of Penal Code deals with homicidal deaths and other offences affecting human life. Section 299 of Penal Code defines the offence of culpable homicide. This Section states when culpable homicide amounts to murder. In Penal Code culpable homicide is used in generic term and is subdivided into tw......e to surrender learned Sessions Judge will take all steps to put him behind prison bar. Lower Court Records are sent down at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 364. ..Category: Criminal Law | Date: | Hits: 98
Elite Lamps Ltd. Vs. Secretary, Ministry of Industries and others, 2007, 36 CLC (HCD)
....Rin Case No. 30 of 1991 expeditiously preferably within 4 (four) months from date. Communicate the Judgment to the Adalat at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 641. ......rcumstances, the Bank was compelled to file Dewani Suit No. 30 of 1991 against the petitioner before the Subordinate Judge and Artha Rin Adalat No.1, Dhaka on 19-2-1991 for recovery of the above loan amount. 4. The petitioner's factory was closed due to its own fault although the Bank gave a lot ......ely sanctioned cash credit limit from Taka 20, 00,000 to Taka 35, 00,000 vide letter dated 16-5-1990. Although the petitioner took the above credit facilities but it did not properly utilize the said money and stopped the production of the project with malafide intention beyond the existing norms an..Category: Constitutional Law | Date: | Hits: 334
Abdul Latif Howlader Vs. Additional Deputy Commissioner (Revenue) & others, 1998, 27 CLC (HCD)
....nder Article 102 of the Constitution. In the result, the application is rejected with a cost of Taka 1,000.00 (One thousand) only. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 638. ......nder Article 102 of the Constitution. In the result, the application is rejected with a cost of Taka 1,000.00 (One thousand) only. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 638. ...... made in this petition which we have earlier referred that the opposite party vender filed the application under section 7 of the Act on the ground that they sold for their own expenditure to procure money for livelihood that is the sprit of the law itself. The Board, however, upon such application ..Category: Constitutional Law | Date: | Hits: 222
81558151815081468145814281418135812981288125812481208114810981058103810281018093