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Mohin Uddin (Md.) Vs. State, 2008, 37 CLC (HCD)
....inst the weight of evidence on record. 10. Mrs. Umme Kulsum Begum, the learned Deputy Attorney-General along with Mr. SM Shahjahan Kabir, learned Assistant Attorney-General for State, on the other hand, submits that the prosecution proved its case against the accused appellant by most consistent,......ssion or control of incriminating articles constitute offence. To constitute offence, there must be mens rea or unity knowledge............................(32) Whenever some ammunition are also recovered together with some arms, categorized in section 19A, the trial Court or, for that matter, the...... and sentence is hereby upheld. Send down the original case records at once with the copy of the judgment for taking necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 35. ..Category: Criminal Law | Date: | Hits: 92
....AT or tax upon first issue of a notice asking to show cause and then, upon hearing, within 90 days to make a final demand in respect of any VAT or tax unpaid, evaded or less paid.
14. On the other hand, section 37 of the said Act defines various offences and punishments for such offence. Before a......he concerned authority is, therefore, duty bound to follow the procedure as laid down in the Act for each and every action. The Act does not empower any of the authorities created to become zealot to overpower and/or overawe any tax payer. Invoking and/or resorting to section 37 while issuing a noti......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.
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Category: Fiscal/Taxation Law | Date: | Hits: 131
BRAC vs. National Board of Revenue and another, 2008, 37 CLC (HCD)
....l cannot be restricted by imposition of any restriction or condition 'onerous than what was there since such imposition of condition or restriction is not a matter of procedure. 22. In the case at hand, by omission of clause (b) of sub-section (2) the requirement of payment of the tax was reduced......tive on the difference of remuneration in the public service and so-called charitable service, when is considered at the background of the national pay scale under which the Head of the Republic and Government received what salary and benefits of course tax-free from the public exchequer for perform......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)
.... the execution case it will automatically come to an end whatsoever and therefore, the impugned order should be liable to be declared to have been passed without lawful authority. 10. On the other hand, Mr. Md. Faruk Hossain, the learned Advocate appearing on behalf of the respondent No.2, Bangla......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. ......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
Abdul Mannan Mathbar Vs. Nazmul Hoque Majumder and others, 2009, 38 CLC (HCD)
....dants have no right, title and interest and possession in the suit land at any time and after purchase of the suit land the plaintiff made boundary of the suit land by thatched fence and on the other hand the defendant also purchased 24.30 decimals of land from the co-sharer of the suit plot and in ......ve his prima facie title and exclusive possession in the suit land……………………….(9) Whether a deed is genuine or not cannot be decided in a simple suit for permanent injunction. More over there is no scope to frame additional issue after the suit is remanded for retrial for deciding......rt at the time of issuance of the rule is hereby vacated. Lower Court's records be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 317. ..Category: Civil Law | Date: | Hits: 94
Mrs. Rokeya Begum Vs. Chartered Credit CoÂoperative Ltd., 2009, 38 CLC (HCD)
....ion of the case is an abuse of the process of the Court and as such the proceeding is liable to be quashed. 8. Mr. Muhd. Mofazzal Hossain, the learned Advocate for the opposite party, on the other hand, submits that the complainants filed the case under section 138 of the Negotiable Instruments a......ments Act, 1881 Negotiable Instruments Act was specially enacted to deal with the cases relating to promissory Notes, Bills of exÂchange 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 ch......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. ..Category: Criminal Law | Date: | Hits: 70
....arty alongwith a leassor and in a proper case a party can be added even in a proceeding in Revision stage.................................(14)
Cases Referred to-
Parimal Majumder alias Parimal Chandra Majumder Vs. Abdul Sobhan, 39 DLR HCD 352; Subash Chandra Haider and another Vs. Abdul Bari a......(2008) 393.
......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.
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Category: Property Law | Date: | Hits: 82
....hmed Vs. Bangladesh, 49 DLR (AD) 111 on the ground of maintainability of writ even when alternative remedy is available.
6. Mr. Abdus Samad Kamal, the learned Deputy Attorney-General, on the other hand, opposes the Rule by taking preliminary point on the ground of maintainability of the writ peti......der Article 117(2)………………………….(12)
Cases Referred to-
Bangladesh Vs. Shafiuddin Ahmed, 50 DLR (AD) 27; Bangladesh Vs. Md. Shamsul Huq, 12 MLR (AD) 25 = 59 DLR (AD) 54; Government of Bangladesh Vs. Md. Abdur Rashid, 12 MLR (AD) 47; Government of Bangladesh Vs. Iqbal Has......writ petition is not maintainable.
In view of the discussions as made above, the Rule is discharged without any order as to cost.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 728.
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Category: Administrative Law | Date: | Hits: 494
Anwar Hossain (Md.) Vs. State, 2008, 37 CLC (HCD)
....or of the accused. Though an accused is charged with one offence he may be convicted for another kind of offence if the allegations made in the charge are proved beyond reasonable doubt. On the other hand, the accused cannot be convicted if the allegations made in the charge constituting the offence...... of charge must depend upon judicial evaluation of totality of evidence, oral and circumstantial and not by an isolated scrutiny. Prosecution version is also required to be judged taking into account overall circumstances of the case with a practical, pragmatic and reasonable approach in appreciatio......anted in any other connection. Send down the lower Court records along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 671. ..Category: Criminal Law | Date: | Hits: 74
....tion 3, 5(1) and 5(3) of the Emergency Requisition of Property Act, 1948 (the 1948 Act) were duly served on 31-5-1966 and 18-7- 1966 observing all legal formalities and the possession of the land was handed ever to the requiring body on 19-4-1966 (sic) including the disputed land of the writ petitio......(Special Original Jurisdiction)
Present:
Md. Imman Ali J
Md. Emdadul Huq J
Abdul Kader Bhuiyan and 17 others ………………………Petitioners
Vs.
Secretary, Ministry of Land, Government of the People's Republic of Bangladesh and others …………………………..Responde...... without any order as to costs.
The order of status quo granted at the time of issuance of the Rules is hereby vacated.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 28.
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Category: Property Law | Date: | Hits: 121
....ch is also spoken of as "ex visceribus actus" helps in avoiding any inconsistency either within a Section or between two different Sections or provisions of the same statute. [Sultana Begum Vs. Prim Chand, AIR 1997 SC 1006]……………..(32)
While interpretation the provisions of a statute, th......¦â€¦â€¦â€¦â€¦.Petitioner (In Writ Petition No.1669 of 2009)
Metropolitan Chamber of Commerce and Industry, Dhaka………………………Petitioner(In Writ Petition No. 2386 of 2009)
Vs.
Government of Bangladesh and others…………………………Respondents
Judgment
November...... costs.
The interim order passed in both the Writ Petitions at the time of issuance of the Rules are hereby recalled and vacated.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 341.
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Category: Others | Date: | Hits: 107
Bangladesh Water Development Board Vs. MR. Sikder, 2003, 32 CLC (HCD)
....nd the learned Arbitrator rightly made the award on taking into consideration all material aspects of the case and the material evidence on record. 4. The case of the defendant Board, on the other hand, is that although an agreement was signed between the parties for completion of the work on the......defendant, after getting registered notice from the plaintiff regarding appointment of arbitrator Mr. Justice Abdur Rahman Chowdhury as the arbitrator for the plaintiff, chose to keep silent for well over 15 days, the plaintiff requested Mr. Justice Abdur Rahman Chowdhury to assume jurisdiction as t......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)
....he bank filed Artha Rin Case No.57 of 2002 before the Artha Rin Adalat No.3, Dhaka for realization of the same. During pendency of the Artha Rin Case, though the accused-petitioner and other partners handed over 24 Taxi Cabs to the bank, they did not hand over 6 Taxi Cabs to the bank authority. It i......n shall retain any property; or (b) the person so deceived should be intentionÂally induced to do or omit to do anything which he would not do or omit if he were not so deceived; and (iii) in cases covered by (ii) (b), the act or omission should be one which causes or is likely to cause damage or h......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. ..Category: Criminal Law | Date: | Hits: 92
Touhid & Others Vs. State, 2006, 35 CLC (HCD)
.... of Public Prosecution, 1944 AC 315= (1944) 2 All ER 13; Barendra Kumar Ghosh Vs. Emperor, AIR 1925 PC 1; Hassan Vs. State, 1969 Criminal Law Journal, 1007; Mahbub Shah Vs. Emperor, AIR 1945 PC 118; Chand Mia alias Chan Mia Mondal and others Vs. State, 42 DLR (AD) 3; Barendra Kumar Ghosh Vs. Emperor...... depend upon judicial evaluation of the totality of evidences, oral and circumstantial and not by an isolated scrutiny. Case of the prosecution is, also, required to be judged taking into account the overall features of the case with a practical, pragmatic and reasonable approach in appreciation of ......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. ......ated 25-8-1992 (Annexure- 'E'-3 to the writ petition) and rehabilitate the petitioner's sick industry and to implement the recommendations of the Parliamentary Committee of Bangladesh Jatiya Sangshad over the petitioner's Sick Industry for the above purpose and to withdraw the suit being Artha Rin A......all industries were also closed down for similar reasons. On that, the petitioner made applications to the Ministry of Industries and Ministry of Finance for suitable remedies but with no result. The management of the closed small industries formed a group namely, Bangladesh Sick Industries Associat..Category: Constitutional Law | Date: | Hits: 334
Md. Liton Miah alias Ripon Vs. State, 2006, 35 CLC (HCD)
....arms and ammunition and corroboration from independent source becomes imperative in carrying guilt to the door of accused-person and, also, base conviction and sentence upon him. 6. In the case in hand no such independent corroboration is available in support of versions provided by highly intere......ent Judgment November 28, 2006. Result: The appeal is allowed. Conviction and sentence under the Arms Act only on the basis of highly interested police witnesses In a charge for recovery of arms when a case has been installed and processed by the Police, they generally become very......t liberty at once if not wanted in connection with any other case. 11. Lower Court's Record be sent down as immediate as possible. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 277. ..Category: Criminal Law | Date: | Hits: 125
Fakir (Md.) Tariqul Islam Vs. State and others, 1996, 25 CLC (HCD)
....;reported in 2 BCR 1982 (HCD) 4 and another case from the Indian jurisdiction namely, Niaz Muhammad Baksh Vs. Emperor AIR 1939 (Sind) 148. 6. The learned Assistant Attorney‑General, on the other hand, vehemently contends that since the alleged offence is an offence under the Criminal Law Amendm......f the Criminal Law Amendment Act, 1958 should be given plain and simple meaning. Requirements of section 6(5) of the said Act is mandatory and a Court or tribunal must obtain prior sanction from the Government for prosecuting a public servant if he continues to be so at the time of taking cognisance......r of application in the present case. In that view of the matter, we confirm and uphold the impugned orders and discharge the Rule. Ed. This case is also Reported in:49 DLR (HCD) (1997) 419. ..Category: Criminal Law | Date: | Hits: 130
....ination of 1987 held in the year 1989. The petitioners were served with notices dated 20‑10‑90 directing them to submit written statement by way of showing cause to be written in their respective hands to respondent No.2 for alleged offences of depositing answer script/papers written from outsid......nation Centre. The letter annexed hereto as Annexure‑B. The teachers council of the day shift and night shift of Jagannath College, Dhaka met in an emergent meeting on 7‑8‑90 which was presided over by the principal of the college and the Council denied all the allegations specifically and in ......0 of 1992 we hold that this Writ petition is not maintainable.
In the result the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 567.
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Category: Constitutional Law | Date: | Hits: 300
Bachu Miah Vs. Samad Miah and others, 1998, 27 CLC (HCD)
....‘86 passed by the learned Sessions Judge, Brahmanbaria in Session Case No.83 of 1985 acquitting them should not be set aside. 2. Prosecution case is that, informant P.W.1 Bachu Miah, father P.W.5 Chand Ali purchased 0.24 decimals of land of plot No.1545 with three huts thereon and while they were......uitted. 6. Learned Advocate appearing for the petitioner after placing the impugned judgment and other materials on record submitted that learned Sessions Judge having found that there was rioting over the disputed land acted illegally in acquitting the accused opposite‑parties on irrelevant co......atisfaction of the Deputy Commissioner Brahmanbaria am directed to surrender to their bail bonds. Send down the LC record at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 564. ..Category: Criminal Law | Date: | Hits: 75
Bangladesh Vs. Shudhir Chandra Nath, 2011, 40 CLC (HCD)
....gh Court Division (Civil Revisional Jurisdiction) Present: Siddiqur Rahman Mian J Bangladesh, represented by the DC Bogra……………………………….Petitioner Vs. Shudhir Chandra Nath………………………………..Opposite Parties Judgment March 23, 2011. ......hort facts which have given rise to the Rule are as follows: The plaintiff instituted Title Suit No.32 of 1973 for declaration of title to the suit land described in the schedule of the plaint and recovery of khas possession thereto in alternate for awarding a money decree of Taka 10,175.10 being th......al power. In the result the revision fails and the Rule is discharged without any order as to cost. Send down the LCR at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 309. ..Category: Procedural Law | Date: | Hits: 111
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