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Md. Makbul Hossain & others Vs. Sree Shibu Pada Dam, 1987, 16 CLC (HCD)
....ge has rightly rejected their application. The rule is, therefore, discharged without any order as cost. Mustafa Kamal J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 120. ......ge has rightly rejected their application. The rule is, therefore, discharged without any order as cost. Mustafa Kamal J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 120. ......ies in the proceeding so as to contest the proposed grant of probate. 4. After hearing the learned Advocates of both the parties, the learned District Judge found that the petitioners are claiming independent title in the case property and as such they are not entitled to be added as party to the......ge has rightly rejected their application. The rule is, therefore, discharged without any order as cost. Mustafa Kamal J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 120. ..Category: Property Law | Date: | Hits: 54
.... disposed of with the above observations. Send down the record. Communicate copy of this judgment to the respondent No. 3 for compliance.
Ed.
This Case is also Reported in: 54 DLR (2002) 88.
...... was one which such officer was not empowered under this section to investigate.
(3) Any Magistrate empowered under section 190 may order such an investigation as above-mentioned.
157. (1) If, from information received or otherwise, an officer-in-charge of a police- station has reason to sus...... disposed of with the above observations. Send down the record. Communicate copy of this judgment to the respondent No. 3 for compliance.
Ed.
This Case is also Reported in: 54 DLR (2002) 88.
......formation on which the officer-in-charge the police station may start investigation must be a credible information received by such an officer either from a private person or from any intelligence source or agency. Even if there is a formal first information report, the police officer is not leg..
Category: Anti-Corruption Laws | Date: | Hits: 178
Begum Khaleda Zia Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....his day to the petitioner to vacate the house in question. Sheikh Hassan Arif J.- I agree. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 597, 63 DLR (2011) 385, 8LG (2011) HCD 189. ......r transferring the said property as per rule 26 of Cantonment Land Administration Rules (C L A Rules) 1937 and also stating that the petitioner conducted political activities during the last 27 years from that house situated in the restricted area of Dhaka Cantonment. When the writ petition was wait......his day to the petitioner to vacate the house in question. Sheikh Hassan Arif J.- I agree. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 597, 63 DLR (2011) 385, 8LG (2011) HCD 189. ......n 29th and 30th May, 1981. That although late President rendered invaluable services to the country and the nation but he left behind the petitioner and her two minor sons without any property or any source of income for living. That after killing of Shaheed President Ziaur Rahman there was tremendo..Category: Property Law | Date: | Hits: 88
Belal alias Bellal and 2 others Vs. State, 2001, 30 CLC (HCD)
...., District-Dinajpur be set at liberty forthwith if not wanted in any other connection. Send down the lower Courts records expeditiously. Ed. This Case is also Reported in: 54 DLR (2002) 80. ...... first information report with Chirir Bandar PS alleging, in short, inter alia, that on 30-6-1989 in the night the informant loading his truck bearing No. Pabna-T-1841 with sesame and set his journey from Thakurgaon to Bera and when reached near Garodangi Bridge under Chirir Bandar PS at about 11-30......der of conviction and sentence having passed on the basis of the confessional statement of the appellants, is not maintainable as those are not admissible in evidence and also not corroborated by any independent witness. He further assailed the impugned judgment submitting that the prosecution has f......, District-Dinajpur be set at liberty forthwith if not wanted in any other connection. Send down the lower Courts records expeditiously. Ed. This Case is also Reported in: 54 DLR (2002) 80. ..Category: Criminal Law | Date: | Hits: 83
State Vs. Rafiqul Islam alias Gadan, 2002, 31 CLC (HCD)
....ury caused by the police. Therefore, his confession even if retracted, in absence of any evidence of torture or intimidation, cannot be held to be untrue or not voluntary. It is true that there is no corroboration on this confession by any other evidence other than the confessional statements of the......peals have been heard together and are being disposed of under this judgment. 2. The prosecution case, in short, is that on 16th Baishak 1401 BS Rajah Ali, son of the informant, PW 1 was returning from Dulauri Hut by driving his van with passengers and on the way when he reached Denim Atiqulla Ro......y of this judgment be forwarded to the court of Additional Sessions judge, Court No‑1, Pabna for necessary action in accordance with law. Ed. This Case is also Reported in: 55 DLR (2003) 61. ......y of this judgment be forwarded to the court of Additional Sessions judge, Court No‑1, Pabna for necessary action in accordance with law. Ed. This Case is also Reported in: 55 DLR (2003) 61. ..Category: Criminal Law | Date: | Hits: 38
Khondaker Modarresh Elahi Vs. Government of the People’s Republic of Bangladesh, 2000, 29 CLC (HCD)
....I concur with the judgments delivered by my learned brothers Mainur Reza Chowdhury and Syed JR Mudassir Hussain, JJ, in discharging the Rule. Ed This Case is also Reported in: 54 DLR (2002) 47. ...... as “hartal” is unconstitutional and therefore illegal. In the recent past the opposition parties led by Bangladesh Nationalist Party called hartal on 26-1-99. This hartal was called for 60 hours from 9 February to 11 February 1999 during which six persons died, a police constable Tajuddin who h......he 20th Century hartal has been used as peaceful weapon to protest repression, exploitation and injustice. It was used as a democratic means to force the British Government to quit India and creating independent states in the subcontinent. It was used as a struggle against the colonial exploitation ......I concur with the judgments delivered by my learned brothers Mainur Reza Chowdhury and Syed JR Mudassir Hussain, JJ, in discharging the Rule. Ed This Case is also Reported in: 54 DLR (2002) 47. ..Category: Constitutional Law | Date: | Hits: 216
City Sugar Industries Ltd. and others Vs. Human Rights and Peace for Bangladesh, 2010, 39 CLC (AD)
....i.e. let the safety of the people be the Supreme law. We find no substance in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 389. ......as seriously affected the environment and it, involves great public importance. 8. It was stated that millions of people residing in Dhaka and Narayangonj city are depending on the source of water from Buriganga, Shitalakkha and Turag River. Main water supply comes from the above mentioned r......i.e. let the safety of the people be the Supreme law. We find no substance in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 389. ...... Secretariat, P.S.-Shahbag, Dhaka. Writ respondent No.6 is the Secretary, Ministry of Shipping, Bangladesh Secretariat, P.S.-Shahbag, Dhaka. Writ respondent No.7 is the Secretary, Ministry of Water Resources, Bangladesh Secretariat, P.S.-Shahbag, Dhaka. Writ respondent No. 8 is the Secretary, Minist..Category: Environmental Law | Date: | Hits: 344
Bhola Vs. State, 2001, 30 CLC (HCD)
....s order dated 29‑10‑91 is upheld with the above modification and the appeal is dismissed. Send down the lower court's record immediately. Ed. This Case is also Reported in: 55 DLR (2003) 36.......us imprisonment for 30 years and to pay the fine of Taka 10,000, in default to suffer rigorous imprisonment for 5(five) years more with a direction to the Deputy Commissioner, Sherpur to realise fine from the convict persons and to pay 3/4th of the money to the heirs of the deceased and to keep 1/4t......e deceased in the company of all the accused persons while he was going to the house of Abdul Jabbar. PW 5 Harunur Rashid corroborated the same in one voice. These two witnesses are disinterested and independent witnesses and there is no reason to disbelieve them on this point that the decades was s......s order dated 29‑10‑91 is upheld with the above modification and the appeal is dismissed. Send down the lower court's record immediately. Ed. This Case is also Reported in: 55 DLR (2003) 36...Category: Criminal Law | Date: | Hits: 41
Hotel Agrabad Ltd. Vs. Chairman, Labour Court and others, 1999, 28 CLC (HCD)
....ur Court in IRO Case Nos. 78 and 79 of 1984 are upheld. The petitioner will pay a cost of Taka 5000 in each of the Rules. Ed. This Case is also Reported in: 59 DLR (2007) 297. ......any fulfils the condition as laid down in the Act then the Act will have its application in the instant case. The learned Advocate further submits that income of the petitioner company is derived from hotel business, attached restaurant and bakery shop and the laundry and it is admitted even by ......se. The learned Advocate further submits that kitchen and bakery of a hotel can be termed as industrial undertaking but in the instant case the restaurant and the bakery had their own separate entity independent of the hotel itself and, as such, even if it is found that electrical energies are used ......ur Court in IRO Case Nos. 78 and 79 of 1984 are upheld. The petitioner will pay a cost of Taka 5000 in each of the Rules. Ed. This Case is also Reported in: 59 DLR (2007) 297. ..Category: Labour and Industrial Law | Date: | Hits: 121
Moyezuddin Sikder and ors. Vs. State, represented by the DC, Khulna, 2007, 36 CLC (HCD)
....n with a non-obstante expression. Accordingly, the question raised at the Bar is hereby resolved with the observations as above. Ed. This Case is also Reported in: 59 DLR (2007) 287. ...... Khamata Bidhimala 2007 as amended by SRO No. 30-Ain/2O67, hereinafter referred to as "the said Rules", and submitted that in view of the aforesaid provision of the said Rules this Court is precluded from exercising the power under sections 497 and 498 of the Code of Criminal Procedure. The submissi...... are to remember another cardinal principle as to the interpretation of law relating to the curtailment of jurisdiction of the superior Courts. It is well settled that in a democratic country with an independent judiciary the jurisdiction of Superior Courts are not to be interpreted to have been tak......n with a non-obstante expression. Accordingly, the question raised at the Bar is hereby resolved with the observations as above. Ed. This Case is also Reported in: 59 DLR (2007) 287. ..Category: Criminal Law | Date: | Hits: 50
Mozam and others Vs. State, 2006, 35 CLC (HCD)
.... appellant Mozam were not happy. In view of such facts defence case is more probable. 27. On critical analysis of the evidence on record we find that the evidence of PW 1 does not provide any corroboration with that of the other prosecution evidence. On that contrary her evidence suffers fro......on evidence when appellants were examined under section 342 of the Code of Criminal Procedure they repeated their innocence and led no evidence in defence. 7. The defence case as it transpires from the trend of cross-examination of the prosecution witnesses is that of innocence and false im......e of five days i.e. on 27-9-1994 without any satisfactory explanation which casts a serious doubt upon the prosecution story. He lastly submits that the evidence of victim was not corroborated by any independent evidence and as such, the same cannot be relied. According to him, the learned Judge of ......offence. Send down the lower Court's records at once with a copy of this judgment for information and for taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 276...Category: Criminal Law | Date: | Hits: 82
....quashed.
Order of stay granted at the time of issue of the Rule is hereby recalled and vacated.
Communicate at once.
Ed.
This Case is also Reported in: 59 DLR (2007) 274.
......d with rule 35 of the VAT Rules, 1991 framed within 10 days of service thereof for making false declaration in VAT11 form without paying supplementary duty of Taka 43,84,398.56 for the goods supplied from 1311-2000 to 9-12-2000.
4. In the reply dated 19-12-2000, the petitioner stated that d......quashed.
Order of stay granted at the time of issue of the Rule is hereby recalled and vacated.
Communicate at once.
Ed.
This Case is also Reported in: 59 DLR (2007) 274.
...... Abdur Rashid J
Md. Miftahuddin Choudhury J
RAK Ceramics (Bangladesh) Private Ltd……........Petitioner
Vs.
Bangladesh, represented by Secretary, Ministry of Internal Resources Division & others ...........Respondents
Judgment
April 23, 2007.
L..
Category: Fiscal/Taxation Law | Date: | Hits: 63
Shahella Chowdhury Vs. National Board of Revenue and others, 2007, 36 CLC (HCD)
....no legal effect; and they are accordingly quashed. Order of stay granted on 23-506 is also recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 59 DLR (2007) 213. ...... Taka 96,000, the Deputy Commissioner of taxes by his order dated 29-3-2000 assessed the total income of assessee at Taka 2,85,110 and accordingly, determined the income tax. 4. On an appeal therefrom at the instance of the petitioner, the appellate Joint Commissioner of Taxes by his order dated......no legal effect; and they are accordingly quashed. Order of stay granted on 23-506 is also recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 59 DLR (2007) 213. ......n by adjustment with the assets of the previous year at Taka 32,96,852.00 and increase of assets of Taka 13,03,854.00. He then found such increase of assets at Taka 13,03,854 as an income "from other sources" under section 19(1) read with section 33 of the Ordinance. Then, by his order dated 24-12-0..Category: Fiscal/Taxation Law | Date: | Hits: 69
Anti-Corruption Commission Vs. Md. Hasan & others, 2008, 37 CLC (AD)
....ove, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 15 BLC (AD) (2006) 183. ......e Emergency Power Rules, 2007 directing the respondent No. 1 to submit the statement of assets of his own and his family members including his wife and other dependents within 72(seventy two) hours from the time of receipt of the notice. The respondent Nos. 1 and 2 have also challenged the ini......ove, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 15 BLC (AD) (2006) 183. ......o. 1 in Chittagong Central Jail. In the said notice the respondent No.7 alleged that it is apparent on enquiry that the respondent No. 1 has become owner of assets disproportionate to his known legal source of income in his name or his wife, son, daughter and other dependents located within the coun..Category: Anti-Corruption Laws | Date: | Hits: 143
Md. Ali Haider & Ors. Vs. State and others, 1987, 16 CLC (HCD)
.... the charge. They shall be set at liberty forthwith if not wanted in connection with any other case. Amin-ur-Rahman Khan J. – I agree Ed. This Case is also Reported in: 40 DLR (1988) 97. ...... Non-appealing convict Giasuddin, Gobra @ Ensu Mondal, Mahbub @ Matabuddin and Ejal Hoque were tried in absentia and each was sentenced to transportation for life and sentence has been ordered to run from the date of their arrest and other accused persons were acquitted. 2. Prosecution case as se......Therefore it is evident that much bad blood has been existing between Seraj and this informant Hossain Ali from before. Therefore the testimony of informant Hossain Ali unless corroborated by other independent evidence in material particulars cannot be relied upon. 11. P.W.2 Korban Ali Majhi is...... the charge. They shall be set at liberty forthwith if not wanted in connection with any other case. Amin-ur-Rahman Khan J. – I agree Ed. This Case is also Reported in: 40 DLR (1988) 97. ..Category: Criminal Law | Date: | Hits: 30
Mirza Shahab Ispahani Vs. Government of the Peoples’ Republic of Bangladesh, 1987, 16 CLC (HCD)
....tore the disputed property to the possession of the petitioner within three months from date. Mohammad Ismail Uddin Sarker J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 87. ...... effect and as to why the respondent shall not be directed to release the property in question situated at Plot No.NE(G)-II, Municipal Holding No.7, Road No. 75, Gulshan, Dhaka known as LISMORE COURT from the list of abandoned property and to restore possession thereof to the petitioner. 2. Short......en stated in the affidavit-in-opposition filed by the respondent that the claim of the petitioner being as citizen of Bangladesh is riot correct. He was a citizen of Pakistan when Bangladesh became independent and when President's Order No. 16 of 1972 came into force. Thereafter he acquired citi......tore the disputed property to the possession of the petitioner within three months from date. Mohammad Ismail Uddin Sarker J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 87. ..Category: Immigration and Citizenship Law | Date: | Hits: 188
Janata Bank Vs. M/S Ahmedia Garments, 1987, 16 CLC (HCD)
....on of the judgment is stayed for 4 (four) weeks from date. There will however be no order as to costs. Amirul Islam Chowdhury J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 72.......burn Ltd. 33 D.L.R.(AD) at page 298. A.I.R. 1970(S.C) 891. Lawyers Involved: Rafique-ul Huq with Md. Fazlul Hoque & M.M Khan - For the appellant. Md. Awlad Ali-For the respondent. Appeal from Original Order No. 286 of 1986. Judgment Anwarul Hoque Chowdhury J.- This appeal is dire...... negotiating Bank on demand. 40. A letter of credit has an autonomy of its own and it need be negotiated or paid without reference to the very contract out of which the credit arose. The L.C. is independent and never qualified by the contract of sale or by any underlying transaction or disput......on of the judgment is stayed for 4 (four) weeks from date. There will however be no order as to costs. Amirul Islam Chowdhury J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 72...Category: Business or Commercial Law | Date: | Hits: 209
State Vs. Mizanul Islam alias Dablu & another, 1987, 16 CLC (HCD)
....gnized appellant Dablu by electric light. The first information report was lodged with promptitude leaving no scope for consultation and deliberation till to its lodging and as such it can be read in corroboration of the maker thereof. Thus the fact of recognition of the appellant Dablu by P.W.2 s......of aforesaid appeal as well as reference. 2. The prosecution case may briefly be put thus: On 25.12.80 at about 23 hours Khondker Nurul Islam father of the informant Ahsanul Kabir returned home from his Ice Factory and after having taken meal went to bed in the northern room of the south facin......s hereby set aside and he is set at liberty forth with if not wanted in connection with any other case. D.M. Ansaruddin Ahmed J. -I agree. Ed. This Case is also Reported in: 40 DLR (1988) 58.......s hereby set aside and he is set at liberty forth with if not wanted in connection with any other case. D.M. Ansaruddin Ahmed J. -I agree. Ed. This Case is also Reported in: 40 DLR (1988) 58...Category: Criminal Law | Date: | Hits: 61
Abu Lokman Vs. Commissioner of Customs & others, 2002, 31 CLC (HCD)
....aid sub section. Therefore, we do not find any substance in this Rule. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 34. ...... writ petition stating that the GI Pipe, which the petitioner imported, do not come with the purview of the impugned notification because description given in the notification is completely different from the description of the pipes imported by the petitioner. It appears that in the declaration on ......any imported goods shall be taken to be the normal price, that is to say, the price which they would fetch, on the date referred to in section 30 on a sale in open market between a buyer and a seller independent of each other." 7. Sub‑section (1) of section 25 indicates the normal price which a......ermined by the authority that has not been disclosed in the notification itself. The petitioner also has not produced any materials showing the fair international market price obtained from authentic sources. In such a situation we can not call upon the authority to produce the documents or material..Category: Fiscal/Taxation Law | Date: | Hits: 56
Jahiruddin Ahmed Vs. Yasinuddin and others, 1998, 27 CLC (HCD)
.... after giving opportunities to the contending parties to represent their respective cases. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 97.......deadly weapons illegally entered into his house and forcibly and dishonestly took away a Neem Tree and other valuable articles causing him a loss of Taka 18,000. 3. The defence case, as it appears from the trend of cross-examination of the witnesses, is that, the accused persons are totally innoc......its that as the final Court of fact the learned Additional District Magistrate was under an obligation to discuss and consider the said case on record, both the oral and documentary, and to arrive at independent conclusion in all material points at issue but the learned Additional District Magistrat...... after giving opportunities to the contending parties to represent their respective cases. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 97...Category: Criminal Law | Date: | Hits: 30
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