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State Vs. Rashid Ahmed & others, 2002, 31 CLC (HCD)
....hittagong and the Deputy Commissioner, Chittagong for their information and necessary action. Send down the lower Court records at once. Ed. This Case is also Reported in: 54 DLR (2002) 333. ......nts of charges under sections 148/302/34 of the Penal Code. 2. The prosecution case, briefly stated, is that at about 5-00 PM on 12-6-86 after prayer time victim Abdul Mabud Master was coming home from Kuddukhali Launch Ghat by ‘Ferdousi Road’ and when he came near the house of the accused pe...... against the accused persons under appropriate sections of law to stand trial before the Court. 29. From the discussion of the evidence made above, it is found that PW 7 Ambia Khatoon is a totally independent, natural and probable witness, who fully supported the prosecution case in all material ......hittagong and the Deputy Commissioner, Chittagong for their information and necessary action. Send down the lower Court records at once. Ed. This Case is also Reported in: 54 DLR (2002) 333. ..Category: Criminal Law | Date: | Hits: 76
Shamsul Haque (Md) Vs. State, 1999, 28 CLC (HCD)
....to draw a definite conclusion on the happenings of such occurrence. 27. In such case the evidence of the victim girl is most important to believe or to disbelieve the occurrence even in absence of corroboration. But in the present case the prosecutrix herself has contradicted her own testimony in......npara, that after night meal Hena and Sanwara slept on the floor of the room where the accused and his wife Most. Anwara Begum slept on a wooden chowki, that at about 11-00 PM the appellant came down from the chowki and tried to violate her at which she tried to move and shout and then his wife, sai......rels chemically must considered as vital omissions for a case of this nature which made the testimony of the victim unworthy to believe. The evidence of P.W.s 1 and 2 has not been corroborated by any independent witness as regards her going to the house of the accused-appellant and on other circumst......is acquitted of the charge brought against him and he be discharged from him bail bond. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 255. ..Category: Criminal Law | Date: | Hits: 32
Mohammad Ali Vs. State, 2000, 29 CLC (HCD)
....he place of occurrence house failed to mention the name of accused-appellant or identify him on dock during trial and, as such, he submits that the confessional statements of two co-accused having no corroboration by independent and dis-interested witness inasmuch as the said confessional statements......him to suffer rigorous imprisonment for eight years and to pay a fine of Taka 2,000.00 in default to suffer rigorous imprisonment for a further period of six months more and acquitting one co-accused from the charge levelled against him. 2. Prosecution case, in brief, is that a dacoity was commit......ntioning the father’s name and full address of said Mohammad nor they ever stated about the overt act of the accused-appellant in the alleged occurrence. He finally submits that there is no iota or independent and corroborative evidence inasmuch as the inmates of the place of occurrence house fail...... down the LC record along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 245. ..Category: Criminal Law | Date: | Hits: 89
....he certificate asked for, which is hereby issued.
There is however, no Order as to cost.
Sheikh Md. Zakir Hossain J.- I agree.
Ed.
This Case is also Reported in: 63 DLR (2011) 565.
......nstruments, inclusive of the proclamation of martial law itself, General Hussain Mohammed Ershad, purportedly, issued on assumption of power on 24th March 1982 and all other instruments that emanated from the authoritarian ruler during his de facto rule.
3. The petitioner has, to make out a ca......The debate as to whether the Lahore resolution of 1940, moved by Sher-e-Bangla, which paved the genesis for the future journey that eventually culminated in the creation of Pakistan, contemplated two independent states or just one single entity, may never be resolved this way or the other, but, the...... 179 1973, Brown-v-Topeka Board of Education, 347 US 483 1954, Elyler-v-Doe, 457 US 202 1982, League of United Latin American Citizens-v-Wilson, 908 F. Supp. 755 C.D. CAL. 1995, Department of Human Resources-v-Smith, 494 US 872 1990, Cooper–v-Aaron, 358 US i 1958 17, E.I. Aptheker-V- Secretary of ..
Category: Constitutional Law | Date: | Hits: 482
....and in that view of the matter cannot get any refund.
In the result, the Rule is discharged without however any order as to costs.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 230.
......46.00 as sales tax and demanded a refund of Taka 84,049.00 as having been paid in excess. The petitioner made those admissions in the tax returns sent under section 10(1) of the Act, which is evident from Annexure “F” to the writ petition.
2. The contention raised by the petitioner is that, n...... make any assessment. In the case of Kadarnath Jute Mft Co Ltd. Vs Commissioner of Income Tax (Central) Calcutta reported in (1971) 28 STC 672 (SC) it was held that the liability to payment of tax is independent of the assessment. Furthermore the amount paid in excess, if any, has to be claimed unde...... Wareshi. Second Secretary (Kar-10) rejecting the petitioner’s application under section 27 of the Sales Tax Act, 1951 hereinafter referred to as the Act, for refund of Taka 5,99,112.00 deducted at source @ 20% for the assessment years 1975-76 and 1976-1977. The petitioner Nisha Rani Devi, Proprie..
Category: Fiscal/Taxation Law | Date: | Hits: 69
Anil Kumar Ghosh Vs. Shamir Kumar Ghosh, 2001, 30 CLC (HCD)
....29 and No. 55568 in class 29 are expunged from the register of the Trade Marks and the Registrar is directed to rectify the same accordingly. Ed. This Case is also Reported in: 54 DLR (2002) 273.......nt KM Hasan J.- These two applications under section 46 of the Trade Marks Act, 1940 for rectification of the Register of Trade Marks by removal of the registered trade mark No. 38902 in class-29 from the Register are taken together as the facts and law points involved are similar. 2. The fac......29 and No. 55568 in class 29 are expunged from the register of the Trade Marks and the Registrar is directed to rectify the same accordingly. Ed. This Case is also Reported in: 54 DLR (2002) 273....... type of Gawa Ghee started in 1992 but the commercial production of this item started in 1993. At that time several others were producing the same product having the same raw material from the common source. Therefore, to differentiate his Gawa Ghee from the rest of the manufacturers he has adopted ..Category: Intellectual Property Law | Date: | Hits: 200
Kalandiar Kabir Vs. Bangladesh and others, 2002, 31 CLC (HCD)
....ntral Jail, Dhaka is being held in custody without any lawful authority and he be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 54 DLR (2002) 258. ......ction 54 of the Code of Criminal Procedure and has argued that under nine circumstances as mentioned in the above section, a police officer may arrest a person without a warrant and without any order from a Magistrate. We cannot accept the argument of Mr. Islam. It is true that under nine circumstan......ence and punishable under the law and for that only there would exist no law for the same matter to be considered sufficient for a detention under the Special Powers Act when there are other specific independent grounds for detention, but where a criminal proceedings is essentially on the same subje......ntral Jail, Dhaka is being held in custody without any lawful authority and he be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 54 DLR (2002) 258. ..Category: Constitutional Law | Date: | Hits: 195
Nure Alam and others Vs. State, 2002, 31 CLC (HCD)
....ion case was proved beyond any reasonable doubt. 9. In reply to the argument advanced by Mr. Shaukat Ali Khan that all the prosecution witnesses are the relations of the informant and without any, corroboration from independent witnesses their evidence should not be relied on, the learn Assistant...... the brothers of deceased Nur Mohammad and their associates were inimical to the informant and his sons. On 19-3-1990 at about 6-20 PM one Sukur Mahmud, Lebu Miah and Abul Hossain were returning home from Ballahat and when they reached near the ridge of the IRRI land of Abdur Razzak Ansari of villag...... beyond any reasonable doubt. 9. In reply to the argument advanced by Mr. Shaukat Ali Khan that all the prosecution witnesses are the relations of the informant and without any, corroboration from independent witnesses their evidence should not be relied on, the learn Assistant Attorney-General s......g to the commission of cognisable offence reported to the Police by any person with the object of putting the Police in motion in order to investigate. Such an information may come from more than one source and more than one such information may be received by the Police but the earliest in point of..Category: Criminal Law | Date: | Hits: 42
Kashem Vs. State, 2001, 30 CLC (HCD)
....the learned Special Tribunal, Kishoregonj in Special Tribunal Case No. 63 of 1995 is affirmed. Send down the lower Court records at once. Ed. This Case is also Reported in: 54 DLR (2002)212. ......shem confessed to the police that he had a country-made pipegun and live ammunition in a hidden place in his east bhiti hut and thereafter himself brought out a country-made pipegun and one cartridge from under the ‘Macha’ of his dwelling hut. 3. Informant SI Md Raisuddin seized the incrimina......e mandatory provision of section 103 of the Code of Criminal Procedure while convicting the accused appellant relying on the evidence of only police personnel, without any corroborative evidence from independent sources and, as such, the impugned order of conviction and sentence is not sustainable i......provision of section 103 of the Code of Criminal Procedure while convicting the accused appellant relying on the evidence of only police personnel, without any corroborative evidence from independent sources and, as such, the impugned order of conviction and sentence is not sustainable in law. 2..Category: Criminal Law | Date: | Hits: 37
Jiban Bima Corporation represented by its MD Vs. Md. Mohibul Majid and another, 1999, 28 CLC (HCD)
.... within 3 months from the date of receipt of the order. Communicate the order to the leaned Assistant Judge, 4th Court, Dhaka at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 186. ......of Munsif at Dhaka, being Title Suit No. 122 of 1976, which was subsequently renumbered as Title Suit No. 432 of 1982, for permanent injunction restraining the defendants opposite parties permanently from interfering with the plaintiffs possession in the property. 3. The suit was eventually decre......en in continuous possession in the suit property since before and as such there is no question of disobedience of the decree. It was also contended that the plaintiff petitioner has already, filed an independent suit for recovery of khas possession in the suit property and as such the decree for per...... within 3 months from the date of receipt of the order. Communicate the order to the leaned Assistant Judge, 4th Court, Dhaka at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 186. ..Category: Procedural Law | Date: | Hits: 79
State Vs. Moslem, 2002, 31 CLC (HCD)
....ain of circumstantial evidence which must admit of no other reasonable hypothesis than that of the guilt of the accused Abscondence after the incident is a circumstance which is considered sufficient corroboration of the accused participation in commission of crime. Abscondence of the condemned pris......ny cases victims are innocent and helpless minor girls and ladies. Stringent legislation like Nari-o-Shishu Nirjatan Daman Bishesh Bidhan Ain have been enacted to curb crime and to deter perpetuators from commission of crime but the train of crime could not be stopped. Social stability and an order ......condemned prisoner and on latter's pointing body remains of victim Salma, Exhibits VI‑IX and her wearing apparels, Exhibits I and II had been recovered. Extra‑judicial Confession was proved by an independent witness PW 23, a responsible Police Officer who bore no animus against the condemned pri......upon condemned prisoner is maintained and Death Sentence imposed upon him is confirmed. Sentence shall be executed ill accordance with law. Ed. This Case is also Reported in: 55 DLR (2003) 116. ..Category: Criminal Law | Date: | Hits: 82
....in favour of the applicant.
Accordingly this reference is answered in the negative and the parties are left to bear their own costs.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 170....... his appellate order dated 9-2-86 and the appellate order was affirmed by the Appellate Tribunal but in doing so they have failed to consider the legal aspect that the Deputy Commissioner is debarred from relying on information obtained by him from private source without disclosing the same to the a......in favour of the applicant.
Accordingly this reference is answered in the negative and the parties are left to bear their own costs.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 170....... was affirmed by the Appellate Tribunal but in doing so they have failed to consider the legal aspect that the Deputy Commissioner is debarred from relying on information obtained by him from private source without disclosing the same to the assessee at all. In case the Deputy Commissioner of Taxes ..
Category: Fiscal/Taxation Law | Date: | Hits: 65
Commissioner of Taxes Vs. Bangladesh Chemical Industries Corporation, 2000, 29 CLC (HCD)
....oration in Reference Application Nos. 27/92, 28/92, 29/92, 30/92, 31/92, 32/92, 34/92, 35/92 and 36/92. There will be no order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 202.......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) ......oration in Reference Application Nos. 27/92, 28/92, 29/92, 30/92, 31/92, 32/92, 34/92, 35/92 and 36/92. There will be no order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 202.......tal 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 the 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: 94
Arun Bhowmick & others Vs. Salim Reza & others, 1987, 16 CLC (HCD)
....rder dated 13.9.84 passed by the learned Munsif is hereby restored. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 199. ......nt of 30.7.84 denying the allegations made in the plaint. 3. It is also the case of the petitioners that plaintiff Gopal Chandra Bhowmick was aged 75 years. He was old and infirm and was suffering from chronic Asthma and as such he filed a petition on 13.9.84 along with Medical Certificate suppor.......7.84. He further submits that findings of the District Judge-was in full conformity with, the provision of rule 1 of Order 47 of the Code of Civil Procedure. The District Judge has not arrived at an independent finding but he simply confirmed the finding of the learned Munsif. He further argued tha......rder dated 13.9.84 passed by the learned Munsif is hereby restored. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 199. ..Category: Procedural Law | Date: | Hits: 95
Belal Ahmed Vs. State, 1987, 16 CLC (HCD)
....liberty at once if not wanted in connection with any other case. If on bail, the bail bonds of the accused appellant Belal stands cancelled. Ed. This Case is also Reported in: 40 DLR (1988) 154. ...... and Latif P.W.4 also saw two boys were fleeing towards north. The informant found his daughter in a critical condition having sustained burning injuries and he took her to Dhaka Dakshin Hospital and from there to Sylhet for medical treatment. The informant who is a school teacher at first was reluc......tarted investigation into the case on the basis of that G.D. entry. 5. The second point that Mr. Sinha raised is whether non-examination of vital witnesses such as mother, sister, father and other independent witnesses has seriously prejudiced the accused or not. Thirdly Mr. Sinha argues that ......the learned Assistant Attorney General appearing on behalf of the state argues that the G.D. entry in question was made by the officer-in-charge of the Thana on getting information from some secret source and he started investigation on the strength of that information, in the meanwhile the First ..Category: Criminal Law | Date: | Hits: 38
SM Nasirul Haque Vs. Omar Faruque Chowdhury and others, 2001, 30 CLC (HCD)
....are confirmed. Order of stay as granted at the time of issue of the Rule is hereby recalled and vacated. Send down the records. Ed. This Case is also Reported in: 54 DLR (2002) 181. ......ite party No.2 to opposite party No.1. His case, in short, is that said Khatian No.2 consisted of 5 plots of which CS plot No.139 comprised of 3.49 acre of land. Owners of other plots got settlements from the Bhowal Raj Court of Wards Estate by opening separate holdings. The CS plot No.139 was joint...... tenancy, that portion becomes a separate raiyati under the Government with which the upgraded raiyat has got no connection. In view of the position, the under-raiyati held by Ayesha upgraded into an independent raiyati which got no connection with the raiyati previously held by Nafisa, now by respo......are confirmed. Order of stay as granted at the time of issue of the Rule is hereby recalled and vacated. Send down the records. Ed. This Case is also Reported in: 54 DLR (2002) 181. ..Category: Property Law | Date: | Hits: 39
Sew Bishar Prasad Vs. Collector of Customs, Chittagong and others, 2001, 30 CLC (HCD)
....ase the bank guarantees furnished by the petitioner in terms of the Rule within 15 days from the date of receipt of this order. No costs. Ed. This Case is also Reported in: 54 DLR (2002) 173. ......rket value. So nowhere, there is indicative value which has been accepted as the basis for imposition of customs duty in this particular case and the customs authority enhanced the value of the goods from US$ 305 per metric ton to US$ 401 per metric tons to great prejudice of the petitioner. 9. I......all be fixed according to normal value of the Articles i.e. the price which they would fetch, on the date as referred to in section 30 on sale of the goods in open market between a buyer and a seller independent of each other. 8. So we are of the opinion that the section 25(1) of Customs Act also......ase the bank guarantees furnished by the petitioner in terms of the Rule within 15 days from the date of receipt of this order. No costs. Ed. This Case is also Reported in: 54 DLR (2002) 173. ..Category: Fiscal/Taxation Law | Date: | Hits: 83
State Vs. Al Hasib Bin Jamal alias Hasib and five others, 2007, 36 CLC (HCD)
....absconding accused Ali Hasib Bin Jamal @ Hasib, Almas and Anif Mahmud alias Aurango @ Anga. Send down the lower Court's records at once. Ed. This Case is also Reported in: 59 DLR (2007) 653. ......at the deceased had already been taken away to Dhaka Medical College Hospital. He heard the occurrence, searched for the assailants, seized a percussion cap of revolver having mark of pin as alamat from the place of occurrence under a seizure list and prepared a sketch map of the place of occurr......family. On the date of occurrence the bank was not closed. Admittedly he performed his duty in the bank on that day. There was no occasion of his going to the park on that day. Moreover, he is not an independent witness. The learned Counsel further contends that no date and time of alleged consp......absconding accused Ali Hasib Bin Jamal @ Hasib, Almas and Anif Mahmud alias Aurango @ Anga. Send down the lower Court's records at once. Ed. This Case is also Reported in: 59 DLR (2007) 653. ..Category: Criminal Law | Date: | Hits: 40
Bellal Hossain (Md) & others Vs. Md. Yasin Ali Mondal and ors., 2007, 36 CLC (HCD)
....ed earlier by this Court stands vacated. Send down the lower Court's record at once with a copy of judgment for information. Ed. This Case is also Reported in: 59 DLR (2007) 634. ......n Atrai Mouza Paharpur Burjuk of RS Khatian No. 171 with the pre-emptees as second party of their 0.26 acre of land of the same mouza and possession was delivered to each other. 12. It appears from the registered kabala deed No. 9145 dated 15-11-1994 (Exhibit T) that the same vendors transfer......orted in 8 BLC (AD) 77 wherein it is held: "It is a settled principle of law that the lower appellate Court being final court of fact will have to discuss and re-assess the evidence on record independently while either reversing or affirming the finding of the trial Court. In a case of rever......ed earlier by this Court stands vacated. Send down the lower Court's record at once with a copy of judgment for information. Ed. This Case is also Reported in: 59 DLR (2007) 634. ..Category: Property Law | Date: | Hits: 23
Udayan Garments (Pvt.) Ltd. Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....rtificate under section 33(5) of the Ain in Writ Petition No. 6732 of 2004 are made absolute. However, there will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 615....... 9-6-03. Later, the service of notice under Order XXI, rule 30 of the Code of Civil Procedure (hereinafter referred to as the 'Code') having not been returned even after a lapse of more than one year from the date of issuance of the same the Adalat issued warrant of arrest on 22-6-04 against the pet......লা" so far the term "মামলা" is concerned hence, the same is not a "বিচারাধীন মামলা"; As because an execution proceeding, first of all, is not a separate or independent case started with adjudication of the claim of any bank or financial institution. Ra......rtificate under section 33(5) of the Ain in Writ Petition No. 6732 of 2004 are made absolute. However, there will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 615...Category: Constitutional Law | Date: | Hits: 168
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