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Aziz Hasan and others Vs. Bangladesh, 2007, 36 CLC (HCD)
.... not pay in cash the amount of money covered by respective bank guarantees within a period of thirty days of receipt of this order. Ed. This Case is also Reported in: 59 DLR (2007) 563. ......the cement vested a right in them to get the cement cleared on the basis of earlier rate of exemption that was in force at the time of opening of the letters of credit and the Government was estopped from asking any further duty on the basis of subsequent Notification being SRO No. 233 dated 20-10-9......e first initiated in our jurisdiction by a Division Bench presided over Mr. Justice Mustafa Kamal, as His Lordship was then, on the view that sections 19 and 30 of the Act were mutually exclusive and independent in their course of operations and in the language of section 19 the Government cannot is...... not pay in cash the amount of money covered by respective bank guarantees within a period of thirty days of receipt of this order. Ed. This Case is also Reported in: 59 DLR (2007) 563. ..Category: Fiscal/Taxation Law | Date: | Hits: 64
Bura Yunus and others Vs. State, 2007, 36 CLC (HCD)
.... the charge under section 399 of the Penal Code. The appellants be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 59 DLR (2007) 549.......ent and though the appellants have been convicted on different counts by separate trials, we are disposing of these appeals analogously by this judgment. 2. Criminal Appeal No. 2468 of 2002 arose from the judgment and order dated 22-5-2002 of the Metropolitan Assistant Sessions Judge, 5th Court,......the investigating officer. He denied the defence suggestion that he did not sustain any injury or that the appellants were innocent persons and that they were not dacoits. He stated that there was no independent witness of the locality, as the accused persons were not taking preparation on the roof-...... the charge under section 399 of the Penal Code. The appellants be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 59 DLR (2007) 549...Category: Criminal Law | Date: | Hits: 90
Uzzal alias Elias Hossain Vs. State, 2006, 35 CLC (HCD)
....in and to be paid to the informant Abdul Mannan, the father of the victim, as compensation. Send down the lower Court records at once. Ed. This Case is also Reported in: 59 DLR (2007) 505.......9 (3)/10(2) of the Ain, whereupon Putia Police Station Case No. 21 dated 19-2-2002 was started. 4. After the death of the victim Mahima, UD case No.4/02 was lodged upon receiving information from the hospital authorities and inquest was held on the dead body before it was sent to the morgue......tion report, he cited Ghulam and others vs. State, 1983 PCrLJ 196. He submitted that the delay in lodging the first information report creates a doubt in the prosecution case. Moreover, there were no independent witnesses in the case and, therefore, the conviction and sentence should be set aside. ......other and later to the doctor about the indecent assault upon her by the accused is admissible. 46. We, therefore, find that the hearsay rule is not an absolute exclusionary rule and that the source of the rule, namely the English common law, has been modified to incorporate further inroads ..Category: Criminal Law | Date: | Hits: 35
Taju and others Vs. State, 2007, 36 CLC (HCD)
....onies of the three prosecution witnesses connecting him in commission of crime the conclusion that can be legitimately drawn is that abscondence of convict-appellant during trial furnished sufficient corroboration to commission of crime and materials taken cumulatively point to the only hypothesis o...... the informant Sabuj Miah lodged the first information report with Raypura Police Station Narsingdi on 22-12-2000 at about 3-00 PM to the effect that on 20-12-2000 taking advantage of his absence from home the accused persons named in the first information report enticed and kidnapped his younge...... The accused appellant Taju, son of Sona Miah, is discharged from his bail bond. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 499. ...... The accused appellant Taju, son of Sona Miah, is discharged from his bail bond. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 499. ..Category: Criminal Law | Date: | Hits: 42
Hazrat Ali alias Dulal Vs. State, 2007, 36 CLC (HCD)
....y the appellant in jail custody prior to his conviction be deducted from the sentence of imprisonment. Send down the LC records at once. Ed. This Case is also Reported in: 59 DLR (2007) 496. ......al along with 4 others before the Special Tribunal No. V of Mymensingh on charges under section 19A and 19(f) of the Arms Act relating to alleged recovery of firearms and ammunitions, dagger etc, from their possession. 3. At the trial the prosecution examined 9 (nine) witnesses including the .......605 of 2004, made threefold submissions. Firstly, she submitted that in view of the evidence of PWs who are police officers and interested and partisan in nature and there being no disinterested and independent witnesses and to prove the exclusive control and possession of the arms and ammunition b......y the appellant in jail custody prior to his conviction be deducted from the sentence of imprisonment. Send down the LC records at once. Ed. This Case is also Reported in: 59 DLR (2007) 496. ..Category: Criminal Law | Date: | Hits: 43
Tuta Pramanik (Md) Vs. State, 2007, 36 CLC (HCD)
....is set at liberty forthwith, if he is not wanted in connection with any other case. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 492.......d 7 years respectively and also ordered that both the sentences shall run concurrently. The Court also ordered that the total period which accused-appellant already spent in custody would be deducted from his sentence. 2. The prosecution case, as it appears from the deposition of the informan......of doubt by the prosecution and on that score as he submits, the learned tribunal ought to have given the appellant benefit of doubt and should have acquitted him. Moreover, it is also submitted that independent witnesses i.e. FIR-named three witnesses who were also cited as seizure list witnesses d......is set at liberty forthwith, if he is not wanted in connection with any other case. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 492...Category: Criminal Law | Date: | Hits: 42
HP Cold Rolling Mills Ltd. Vs. National Board of Revenue and others, 2007, 36 CLC (HCD)
....tual export of the finished goods as drawback expeditiously, preferably within two months of receipt of this order. Communicate at once. Ed. This Case is also Reported in: 59 DLR (2007) 483.......ely, Black Plate Sheet (BP Sheet). Hot Rolled Steel is the basic raw material for production of such Cold Rolled Steel. Hot Rolled Steel is not available in Bangladesh and the same has to be imported from different origins. The petitioner used to sell said products in the local market and also expor......tual export of the finished goods as drawback expeditiously, preferably within two months of receipt of this order. Communicate at once. Ed. This Case is also Reported in: 59 DLR (2007) 483.......horised to be levied or collected as mentioned in Article 83 of the Constitution, then it is to be credited to the Consolidated Fund mentioned in Article 84 of the Constitution, which is the ultimate source for utilisation for all public purposes. A toll or fee is never intended to be or becomes a p..Category: Fiscal/Taxation Law | Date: | Hits: 93
Mohsina Rahman alias Jaya Vs. Abdul Majid and others, 2001, 30 CLC (HCD)
....the Miscellaneous Case No. 34 of 1998 and Title suit No. 142 of 1998 are affirmed. Stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 54 DLR (2002) 138. ......Meherun Nessa AC Market at 164 Elephant Road, Dhaka under the defendant petitioner by paying salami of Taka 6,95,000 (six lac ninety-five thousand) to the defendant-petitioner and the lease commenced from 1987. They also paid monthly rent regularly. They were given the right to transfer possession o......te Judge was justified in passing the impugned judgment and order. 23. In the instant case, the defendant petitioner practically challenged the award of the court by filing a suit. The suit was an independent suit sought for a declaration that the award made by the Arbitration and the order makin......the Miscellaneous Case No. 34 of 1998 and Title suit No. 142 of 1998 are affirmed. Stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 54 DLR (2002) 138. ..Category: Civil Law | Date: | Hits: 77
Iqbal Hossain Mollah Vs. Director, Plant Protection Wing and others, 2006, 35 CLC (HCD)
....led on behalf of the petitioner in accordance with law expeditiously. Communicate the judgment to the concerned authority at once. Ed. This Case is also Reported in: 59 DLR (2007) 458.......lture and the respondent No. 4 is Government of Bangladesh represented by the Secretary, Ministry of Commerce. In the course of his business, the petitioner imported 300 metric tons of table potatoes from India. Accordingly, he applied to the respondent No. 1 for issuance of import permit under Rule......led on behalf of the petitioner in accordance with law expeditiously. Communicate the judgment to the concerned authority at once. Ed. This Case is also Reported in: 59 DLR (2007) 458.......respondent No. 1, Director, Plant Protection, Department of Agricultural Extension is empowered to prohibit or restrict the importation of any plant and plant products which, in his opinion, may be a source of infection or infestation to plants and may, in the case of an emergency, waive, alter or m..Category: Business or Commercial Law | Date: | Hits: 219
Mahbub-ur-Rahman Chowdhury Vs. DG, Bureau of Anti-Corruption and others , 2007, 36 CLC (HCD)
.... In the result, the Rule is discharged without any order as to the cost. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 59 DLR (2007) 403. ...... Since the petitioner was very much dutiful and obedient to the Superior Officers, he was given additional duty by his Superior Officers vide office order dated 19-6-1991 and he took special training from 4-9-1993 to 23-9-1993 and he has been awarded a certificate by the National Security Detective ...... In the result, the Rule is discharged without any order as to the cost. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 59 DLR (2007) 403. ......ause as to why the impugned order under Memo No. AC/1473 dated 1-7-1998 (Annexure-B to this petition) issued by respondent No. 3 directing the petitioner to submit return of his properties along with source and liabilities of the same should not be declared to have been made illegally, without lawfu..Category: Anti-Corruption Laws | Date: | Hits: 150
Abdul Mannan Sheikh (Md) Vs. Soleman Bewa and others, 2007, 36 CLC (HCD)
....vacated. Send down the lower Court's record at once with a copy of the judgment for information and taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 392. ......t and decree dated 25-3-2001. 15. A transaction namely, Heba-bil-Iwaz has been defined in section 168 of the Mohammadan Law in the following language: "A heba-bil-Iwaz, as distinguished from a heba or simple gift, is a gift for a consideration. It is in reality a sale, and has also the......e of Sufia Khanam Chowdhury vs. Faizun Nesa Chowdhury reported in 39 DLR (AD) 46 wherein it is held— "Main question now is, whether the relief of cancellation is a consequential relief or an independent relief. Section 42 of the Specific Relief Act does not specifically provide for cancella......vacated. Send down the lower Court's record at once with a copy of the judgment for information and taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 392. ..Category: Property Law | Date: | Hits: 26
State Vs. Kajal Ahmed Jalali, 2007, 36 CLC (HCD)
....thwith if not wanted in connection with any other case. Send down the LCRs along with a copy of the judgment to the Court below forthwith. Ed. This Case is also Reported in: 59 DLR (2007) 345.......ka University Mohsin Hall Chhatra Sangshad as an activist of Jatiotabadi Chhatra Dal and later on he joined Bangladesh Nationalist Party (BNP). Due to death of Wali Ashraf, a member of the Parliament from the BNP in the Brahmanbaria-6 constituency, by-election was held in 1995. In that by-election, ......harmaceuticals Ltd, sought nomination from the BNP and the deceased Shujan succeeded in getting nomination from the party. The accused Dr. Roushan Alam contested with Shujan in that by-election as an independent candidate and the deceased Shujan came out successful by defeating his rival Dr. Roushan......r lodging the first information report. Though she is not supposed to say about the occurrence which had taken place in Dhaka, she appears to have disclosed in the first information report from other sources. From her cross-examination, it appears that she was a member of the Madhyapara Union Parish..Category: Criminal Law | Date: | Hits: 109
Monwar Mallik Vs. State, 2007, 36 CLC (HCD)
....s. Asha Ram reported in AIR 2006 (SC) 381 wherein it has been decided that conviction for rape can be founded on the testimony of the prosecutrix alone unless there are compelling reasons for seeking corroboration. The testimony of the victim of sexual assault is vital unless there are compelling re......room in the southern bhiti hut of their dwelling house took her outside the room and in the name of his parents and the Allah, he made her believe that he had married her in witness of religion; that from that time there had been no bar in their physical pleasure as husband and wife; that the accuse......roboration of the evidence of the disinterested witnesses as may inspire confidence in the mind of the Court. In this case, there is no corroboration of the prosecution witnesses by the evidence of independent witnesses. Sador Ali, uncle (Fufa) of the victim who is a vital witness, has been withhe...... be set at liberty forthwith if not wanted in any other case. Send down the LCR at once along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 301. ..Category: Criminal Law | Date: | Hits: 38
Aminul Haque Shamim (Md) Vs. Government of the People's Republic of Bangladesh, 2003, 32 CLC (HCD)
....airs of the Republic. In view of the discussion made above the application appears to have no substance and hence is rejected summarily. Ed. This Case is also Reported in: 55 DLR (2003) 90. ......ikely to restrict the supply and dissemination of information of public interest and importance; (f) to keep under review cases of assistance received by any newspaper or news agency in Bangladesh from any foreign source including such cases as are referred to it by the Government are brought to ......airs of the Republic. In view of the discussion made above the application appears to have no substance and hence is rejected summarily. Ed. This Case is also Reported in: 55 DLR (2003) 90. ...... the supply and dissemination of information of public interest and importance; (f) to keep under review cases of assistance received by any newspaper or news agency in Bangladesh from any foreign source including such cases as are referred to it by the Government are brought to its notice by any..Category: Constitutional Law | Date: | Hits: 213
Md. Khayruddin Vs. State, 2009, 38 CLC (AD)
.... petitioner. Preparation of the paper-book is dispensed with as prayed for. The petitioner is permitted to add additional grounds. Ed. This Case is also Reported in: VII ADC(2010) 1018. ......tnesses, 6 (six) of them are police officials and only P.W.6 and P.W.7 the seizure list witnesses, are the members of the public and none of them supported the prosecution case about recovery of arms from the petitioner, that Pw.6 was even declared hostile by the prosecution. The learned Advocate su......ecution case about recovery of arms from the petitioner, that Pw.6 was even declared hostile by the prosecution. The learned Advocate submits that the High Court Division failed to appreciate that no independent witness proved the alleged recovery of arms from the petitioner. 4. We have heard th...... petitioner. Preparation of the paper-book is dispensed with as prayed for. The petitioner is permitted to add additional grounds. Ed. This Case is also Reported in: VII ADC(2010) 1018. ..Category: Criminal Law | Date: | Hits: 41
Yunus Mia (Md) and others Vs. Bangladesh Krishi Bank & ors, 2001, 30 CLC (HCD)
.... is hereby re-called and vacated. The executing Court is directed to proceed with the execution as usual in accordance with law. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 123.......ode and submits that when the petitioners were admittedly in possession since before attachment, the execution Court erred in law in not deciding the application thereupon and in releasing their land from attachment. He also submits that the executing Court was wrong in going to decide the title of ......uch is of no avail.” There is no doubt that the scope of enquiry under Order XXl rule 58 of the Code is very limited, which is confined to the question of possession. But such possession must be independent of the judgment debtor and not through the judgment debtor within the meaning of rule 61...... is hereby re-called and vacated. The executing Court is directed to proceed with the execution as usual in accordance with law. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 123...Category: Property Law | Date: | Hits: 27
Mokbul Hossain Vs. Government of Bangladesh & ors., 2002, 31 CLC (HCD)
....illegally and as such we find no substance in the Rule and the same liable to be discharged. In the result, the Rule is discharged. Ed. This Case is also Reported in: 54 DLR (2002) 118. ......as regards the occurrence dated 2-12-2001 he has argued that the detenu has been implicated only for a political purpose because the detenu was an elected MP in the immediately past National Assembly from Awami League. He has also submitted that the detention was only given the purpose of political ......as arrested under section 54 of the Code of Criminal Procedure but it cannot be said that this arrest was made with a view to detain him under section 3(2) of the Special Powers Act. Section 54 is an independent section of Code of Criminal Procedure under which police has been given power to arrest ......illegally and as such we find no substance in the Rule and the same liable to be discharged. In the result, the Rule is discharged. Ed. This Case is also Reported in: 54 DLR (2002) 118. ..Category: Criminal Law | Date: | Hits: 34
Delower Hossain @ Ali Hossain Bhuiyan Vs. State, 2001, 30 CLC (HCD)
....ing paragraphs are for the purpose of disposal of the Rule only. In the result the rule is discharged. Send down the LC records at once. Ed. This Case is also Reported in: 54 DLR (2002) 114. ......it intercourse with her and that continued whole night and the petitioner held out threat to her that if she remonstrates, her face will be burnt by acid. On the following day she was taken to Shavar from where petitioner obtained a signature of the victim on a paper then petitioner told her that ......x court of our country-has laid down the basic principle in the case of Sonali Bank Vs. Karnaphuli Works Ltd. reported in 46 DLR (AD) 55 wherein it is observed “the inherent power may be invoked by independent powers conferred by any other provisions of the Code. This power nor revisional power no......ing paragraphs are for the purpose of disposal of the Rule only. In the result the rule is discharged. Send down the LC records at once. Ed. This Case is also Reported in: 54 DLR (2002) 114. ..Category: Criminal Law | Date: | Hits: 37
Md. Shahjahan Ali Vs. The Chairman, Labour Court, Rajshahi, 1987, 16 CLC (HCD)
.... For all these reasons we do not find any substance in this rule. The rule is, accordingly, discharged without any order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 132. ......urt, on due consideration of the evidence and the materials adduced by the respective parties, found that the enquiry held against the petitioner was not a fair one and as such the order of dismissal from service was not lawful and justified and on that finding, converted the order of dismissal into......try but on payment of certain dues. Exercise of this power cannot be assailed as arbitrary because the employer is required to pay pecuniary benefits to the person sought to be terminated. Even independent of section 19 an employer has got inherent power to terminate the service of his servant...... For all these reasons we do not find any substance in this rule. The rule is, accordingly, discharged without any order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 132. ..Category: Labour and Industrial Law | Date: | Hits: 124
Nurul Islam & others Vs. State, 1986, 15 CLC (HCD)
....ny witness to corroborate her. Appellant No. 11 Kashem. Against him nothing came out from the mouth of P.W.1in Court. Only P.W.3 stated that he saw Kashem to attack deceased Kanchan & there is no corroboration. Appellant No. 12 is Mafi Howlader. P.W. 1 only stated against him that he attacke.......R. that there was a quarrel between deceased Kanchan and accused Mofi Howlader over boundary dispute of a hut in the Bangla Bazar and Kanchan was also suspected for ousting Shahjahan by the Police from a Durga Puja Man dap on 1.10.76. It was also stated that Kanchan deposed against accused Salem,......m. It is directed that they should be set at liberty forthwith, if not wanted in any other connection. Sultan Hossain Khan J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 122. ......m. It is directed that they should be set at liberty forthwith, if not wanted in any other connection. Sultan Hossain Khan J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 122. ..Category: Criminal Law | Date: | Hits: 27
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