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A.K. Reazul Karim Vs. State, 1983, 12 CLC (AD)
....s are allowed. Proceedings are quashed and the judgment of the High Court Division is set aside. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 113. ......ary parts-itself an offence entailing confiscation of goods....................(63) Words and phrases Sanction The provision for sanction is intended to protect officers of the Government from harassment by unnecessary, frivolous or malicious prosecution. No prosecution shall lie against......The learned Magistrate declined to pass such order and thought that the proper order would be to return the goods to the accused and the Customs Authority may, if necessary, thereafter mike their own independent seizure from the person who take delivery of goods without further reference to the Cour......s are allowed. Proceedings are quashed and the judgment of the High Court Division is set aside. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 113. ..Category: Fiscal/Taxation Law | Date: | Hits: 129
Arif Hossain @ Shuvro Vs. State, 2009, 38 CLC (AD)
....bmissions made by the learned Counsel for the petitioner do not merit consideration. Leave petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 895. ......an Titu. The informant along with his force searched the body of the accused persons in presence of witnesses and recovered one 38 bore foreign made revolver with one round of loaded cartridge from the waist of accused Arif Hossain alias Shuvra, two live cartridges from right pocket of pant ......ly on the basis of the police evidence relying upon the case of Tota Pramanik vs. the State reported in 59 DLR 492 which is not applicable in the instant case and that there is no independent witness and non considering the evidence of Pws.8 and 9 who are independent and seizure......bmissions made by the learned Counsel for the petitioner do not merit consideration. Leave petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 895. ..Category: Criminal Law | Date: | Hits: 120
S. M. Mosharaf Hossain Vs. Sonali Bank and others, 2009, 38 CLC (AD)
....al cannot be interfered with. In such view of the matter we find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 879. ......VI under the respondent No.1 by letter dated 20.06.1979. After successful completion of the probationary period, the petitioner was confirmed in the said service as an officer with effect from 02.09.1982 by letter dated 31.07.1983. 3. Since appointment the petitioner had been ser......before the tribunal was barred by limitation and set aside the judgment of the Administrative Tribunal. The Administrative Appellate Tribunal further held that the order dated 10.04.2001 is not an independent order. Since it is a question of limitation provided by special law the finding of the ......al cannot be interfered with. In such view of the matter we find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 879. ..Category: Administrative Law | Date: | Hits: 423
Ahmed Meah Sowdagar Vs. S. M. Abdul Alim and another, 2009, 38 CLC (AD)
....ved at a correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 859. ...... the heirs of Imamuddin got the land owned by way of inheritance and accordingly Ext. P.S. Khatian No.635/1 was prepared and published in their names. The pre-emptee vendor purchased land from the heirs of Imamuddin and the B.S. Khatian was prepared and published in their names. A......ved at a correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 859. ......ved at a correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 859. ..Category: Property Law | Date: | Hits: 29
Surendra Mohan Bandayapadhya Vs. Lalit Mohan Das, 2009, 38 CLC (AD)
....onsideration on the facts and evidences on record. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 825. ......s.1 and 2 in the month of Agrahayan 1350 B.S. and they never came back to this country and that the plaintiff Nos.1 and 2 took khas possession of the land and have been enjoying usufructs therefrom. The contesting defendants manufactured and forged an antedated amalnama in respect......n the depositions of defendant Nos.1 and 7, and the appellate Court further held that the depositions of P.Ws.2-6 in proving the plaintiffs possession of the suit land, though appear to be of independent witnesses, but their evidence cannot get preference to those of D.Ws. since suppor......onsideration on the facts and evidences on record. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 825. ..Category: Property Law | Date: | Hits: 38
Sufia Khatun Vs. Amin Hossain Mondal and others, 2005, 34 CLC (AD)
....ons made hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 164. ......the suit as framed was not maintainable and the plaintiffs have no cause of action to file the suit. The case of the contesting defendants was that defendant No.1 took settlement of the land from Bishnupada and got possession, that the land was wrongly recorded in the name of the defendant......n of the land, that defendants have no possession in the land in suit, that the dakhilas filed by the defendants in support of their claim of taking settlement have not been proved by the competent independent and dis-interested witness and as such no reliance can be placed on these dakhilas, th......ons made hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 164. ..Category: Property Law | Date: | Hits: 35
Haji Md. Selim Vs. Government of Bangladesh and others, 2008, 37 CLC (AD)
....stance in the submission of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 777; 17 MLR (AD) (2012) 249. ......ment and order dated 25.10.2005 passed by the High Court Division is neither proper nor in accordance with law; that the SRO notification dated 20.10.1998 enhancing the duty on grey Portland cement from 15% to 30% under Section 19 of the Customs Act is without lawful authority inasmuch as Section ......e customs duty can be made leviable or can be imposed against any particular item at the rate as it prevails on the date of the presentation of the bill of entry. Though Section 19 and Section 30 are independent to each other but the petitioner as a business man is very much aware of the express pro......stance in the submission of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 777; 17 MLR (AD) (2012) 249. ..Category: Fiscal/Taxation Law | Date: | Hits: 83
Md. Suman Mia Vs. Falani Begum and others, 2008, 37 CLC (AD)
.... submissions of the learned Counsel for the petitioners deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 775. ...... at the instance of the petitioners is directed against the judgment and order dated 23.11.2005 passed by the High Court Division in Civil Revision No.1481 of 2001 discharging the Rule arising from judgment and decree dated 28.01.2001 passed by the learned Additional District Judge, 2nd Cour...... submissions of the learned Counsel for the petitioners deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 775. ...... submissions of the learned Counsel for the petitioners deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 775. ..Category: Property Law | Date: | Hits: 38
....already done in accordance law, in full and final settlement of the claims of the writ-petitioner under the contracts.
Ed.
This Case is also Reported in: VI ADC (2009) 736, 31 BLD (AD) (2011) 1. ......000.00 within 45 days with interest at the rate of 12% per annum in Civil Appeal No. 244 of 2005 and to refund the earnest money and security money deposited, if any, with interest at the rate of 12% from the date of cancellation of contracts till realization in C. A. No. 247-250 of 2005 and to pay ...... evidence need be produced and proved and for the same the Civil Court is a proper forum.
26. The facts giving rise to Civil Appeal No.245 of 2005 being an appeal at the instance of a 3rd party an independent contractor, who was awarded the contract has no connection whatsoever the dispute betw......already done in accordance law, in full and final settlement of the claims of the writ-petitioner under the contracts.
Ed.
This Case is also Reported in: VI ADC (2009) 736, 31 BLD (AD) (2011) 1. ..
Category: Civil Law | Date: | Hits: 212
Major Md. Bazlul Huda (Artillery) Vs. State, 2009, 38 CLC (AD)_Part One
....LR (AD) 69, Tara Singh and others V. State of Punjab 1991 Supp (1) SCC 536, Jamna and others V. State of U.P. 1994 Supp (1) SCC 185 and State of H.P. V. Shreekanthia Shekari (2004) 8 SCC 153. ......by the informant, P.W.1, in his deposition is that he was the Personal Assistant of the then President of Bangladesh Sheikh Mujibur Rahman, hereinafter referred to as the President, and was on duty from 8 P.M. on 14th August, 1975 at the residence of the President at Road No.32, Dhanmondi. He sp......ppellate side power irrespective of whether the accused sentenced to death preferred an appeal or not and accordingly the High Court Division is bound to consider the evidence and then arrive at an independent conclusion as to the guilt or innocence of the accused. The power of the High Court Div......LR (AD) 69, Tara Singh and others V. State of Punjab 1991 Supp (1) SCC 536, Jamna and others V. State of U.P. 1994 Supp (1) SCC 185 and State of H.P. V. Shreekanthia Shekari (2004) 8 SCC 153. ..Category: Criminal Law | Date: | Hits: 310
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Two
....igorous test, on the touchstone of credibility, if it passes the test, the extra-judicial confession can be accepted and can be the basis of a conviction. In such a situation to go in search of corroboration itself tends to cast a shadow of doubt over the evidence. If the evidence of extra-j......nd he guessed them as officers and that at about 12 at mid-night, he came out of his room and noticed that while the white dressed persons were coming out of his office Mohiuddin (Lancer) came out from his room after them and called Huda to come nearer to him and at that time Huda told Major Dal...... this witness at the gat of the house of the President and also the statement of this witness that he saw Mohiuddin (Lancer) and his force bringing Bangabandhu down to the ground floor. ...... this witness at the gat of the house of the President and also the statement of this witness that he saw Mohiuddin (Lancer) and his force bringing Bangabandhu down to the ground floor. ..Category: Criminal Law | Date: | Hits: 274
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Four
....der of Lt. Col. Mohiuddin Ahmed (Artillery) they fired four balls of cannon and after some time by the order of Lt. Col. Mohiuddin Ahmed (Artillery) their cannons were returned to the barrack. ......f Sajjan Singh–Vs-State of MP reported in (1999) 1 SCC 315 observed as follows: “It is the third Judge whose opinion matters; against the judgment that follows therefrom that an appeal lies to this Court by way of special leave petition under Article 136 of the C......ve petition under Article 136 of the Constitution or under Article 134 of the Constitution or under Section 379 of the Code. The third judge is, therefore, required to examine whole of the case independently and it cannot be said that he is bound by that part of the two opinions of the two J......der of Lt. Col. Mohiuddin Ahmed (Artillery) they fired four balls of cannon and after some time by the order of Lt. Col. Mohiuddin Ahmed (Artillery) their cannons were returned to the barrack. ..Category: Criminal Law | Date: | Hits: 208
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Five
....r Dalim delivered speeches for toppling the Government and as per their direction, they took ammunition with them. The testimony of this witness was not challenged by the defence in any manner. ......rd enough scope for manipulating evidence. Whether the delay is so long as to through a cloud of suspicion on the seeds of the prosecution must depend upon a variety of factors which would vary from case to case. Even a long delay in filing report of an occurrence can be condoned......ance, discretion is left to the officer mentioned in Section 125 to decide before which court the proceedings should be instituted. Hence the officer commanding the army, army corps, division, or independent brigade in which the accused person is serving or such other officer as may be prescri......ppellant Major Bazlul Huda and identified 3 other accused persons including appellant Lt. Col. Farooque Rahman, and implicated rest of the accused persons from the information collected from other sources. If he had ill motive to implicate and/or embellish facts against the accused persons, he c..Category: Criminal Law | Date: | Hits: 228
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Six
.... rigorous test, on the touchstone of credibility, if it passes the test, the extra-judicial confession can be accepted and can be the basis of a conviction. In such a situation to go in search of corroboration itself tends to cast a shadow of doubt over the evidence. If the evidence of extra-j......been treated as a weak piece of evidence but there is no rule of law nor rule of prudence that it cannot be acted upon unless corroborated. If the evidence about extra-judicial confession comes from the mouth of witness/witnesses who appear to be unbiased, not even remotely inimical to the a......st worthy witnesses. There is no cogent ground to discard their testimonies. The second and the third learned Judges of the High Court Division and the learned Sessions Judge have believed them as independent and reliable witness. 792. The first learned Judge also believed P.Ws.1, 4, 11,...... respect of a major part of the prosecution case regarding the involvement of the accused persons, the testimony of those witnesses can not be accepted without independent corroboration from other sources. We do not dispute the observations made by the High Court Division in that case. In this p..Category: Criminal Law | Date: | Hits: 291
Rowshan Ara Begum & ors Vs. Sitakundu Chandra Nath Chatuspaty Tole & ors, 2006, 35 CLC (AD)
....High Court Division we do not find any infirmity of the kind calling for interference. Accordingly the appeals are dismissed with costs. Ed. This Case is also Reported in: VI ADC (2009) 721. ......cribed in the schedule attached to the plaint is not the same and the land of the deed of gift is the land other than the land in suit, that there is no averments in the plaint nor it has been proved from which portion of the land in suit plaintiff has been dispossessed, that at the time of P.S. s......anuary 22, 1973 and the defendants upon dispossessing the plaintiff erected huts there, that by the B.S. পর্চা no title was created in favour of the defendant, that the appellate Court on independent consideration of the materials on record as well as the evidence lead by the parties c......High Court Division we do not find any infirmity of the kind calling for interference. Accordingly the appeals are dismissed with costs. Ed. This Case is also Reported in: VI ADC (2009) 721. ..Category: Tenancy Law | Date: | Hits: 176
State and another Vs. Shahidur Rahman alias Shahid and another, 2009, 38 CLC (AD)
....nce took place on 20.08.2000, long after said conspiracy. The High Court Division rightly found no nexus between the conspiracy and the occurrence. No date of conspiracy was given and there was no corroboration of the evidence of P.M. 26. The High Court Division found that P.Ws.2 and 26 are the ......oration. The deceased used to reside in a rented flat at 10/1 Chandra Mohan Basak Street of Banagram Road of Dhaka City. On 20.08.2000 at about 9.30 a.m. the deceased on way to Dhaka District Court from his residence by a vespa motorcycle driven by Arshad alias Asad, the Advocate's clerk (attach...... 1994 or that the deceased was defeated in that election and for that reason the High Court Division observed that Shahid Commissioner was not an Awami Leaguer and he was elected Commissioner as an independent candidate and therefore the deceased had no political rivalry or conflict with Shahid C......f the High Court Division calls for no interference by this Court. In the result all the petitions are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 358. ..Category: Criminal Law | Date: | Hits: 63
Islami Bank Bangladesh Ltd. Vs. Commissioner of Taxes, Companies Circle-19, 2008, 37 CLC (AD)
....ill dismiss the review petitions. Order of the Court The Review petitions are dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 145 ; 29 BLD (AD) 2009, 139. ......shy;ted that this Division disposed of the Civil Petitions for Leave to Appeal on theological point of view and that the provision of section 29(1) (XXVII) of the Ordinance was not considered from the point of the concept that the business by corporate body, to which artificial persona......ill dismiss the review petitions. Order of the Court The Review petitions are dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 145 ; 29 BLD (AD) 2009, 139. ...... of purity from sin. According to Raghib, Zakat is wealth which is taken from the rich and given to the poor, being so called because it makes wealth grow, or because the giving away of wealth is a source of purification. 38. The two commandments, to keep up prayer and to give Zakat, often..Category: Fiscal/Taxation Law | Date: | Hits: 145
Md. Ekram Hossain Bhuiyan Vs. Matiar Rahman Bhuiyan and others, 2008, 37 CLC (HCD)
....ed copy of the impugned kabala he came to know about the transfer in question on 01.06.97. This date of knowledge has not been corroborated by any other witnesses and the evidence of PW-1 without any corroboration cannot be accepted to record a finding that the pre-emptor has proved the date of his ...... Assistant Judge, Narail stating, inter-alia, that the pre-emptor is a co-sharer to the case jote by inheritance as well as by purchase while the pre-emptee is a stranger, who purchased the case land from his father by a registered kabala dated 14.12.1995 at the consideration of Tk. 12,000/-. It has......pposite party No. 1 is dismissed. Let a copy of the judgment along with LC records be sent down at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 201; 14 MLR (HCD) (2009) 175. ......ed that in this case the pre-emptor did not prove the date of knowledge of the transfer in question by adducing evidence and I do not find any iota of evidence on record that from whom and from which source the pre-emptor for the first time came to know about the transfer in question. 13. There i..Category: Property Law | Date: | Hits: 37
Justice Syed Md. Dastagir Hossain and ors. Vs. Md. Idrisur Rahman and others, 2009, 38 CLC (AD)
....d guidelines.” The short order shall form part of the judgment. These petitions are accordingly disposed of. Ed. This Case is also Reported in: 29 BLD (AD) 2009, 79, VII ADC (2010) 721. ......practice in the High Court Division. But after his appointment under Article 95 of the Constitution and taking oath as such if he resigns or otherwise ceases to hold office as a judge, he is debarred from practicing in the High Court Division. 13. Resultantly, the leave petitions are disposed of......ing a family or a representative of a city in Parliament. In the case of Bangladesh Vs. Professor Golam Azam 46DLR (AD) 199, it has been held that ‘By citizen we mean a person who is a member of an independent political community having rights and obligations under the Constitution and the law of ......igations which do not carry with them the legal or equitable rights. However, in case the Chief Justice makes a recommendation on the basis of the informations gathered by using all possible reliable sources and the President declines to appoint an Additional Judge as a permanent Judge for any irrel..Category: Constitutional Law | Date: | Hits: 251
Special Reference No.1 of 2009, 38 CLC (AD)
....e. Surendra Kumar Sinha J.- I agree with the opinion expressed by my learned brother Md. Abdul Matin, J. in respect of question A and B of the Reference. Ed. This Case is also Reported in: ......BDR personnel by issuing notification under section 5 of the Army Act, 1952? 6. The brief fact is that on 25.2.2009 about 97 officers of different ranks of Bangladesh Army and many other officers from outside BDR Headquarters and around 2,580 BDR personnel were present in the Darbar Hall of the ......doctrine due to the nature of the crime as protected under the constitution. 60. What legislation should be passed by the Parliament is absolutely a matter within the domain of the legislature, an independent and separate organ of the Republic where this Court has no reason to intrude. In the cas......e. Surendra Kumar Sinha J.- I agree with the opinion expressed by my learned brother Md. Abdul Matin, J. in respect of question A and B of the Reference. Ed. This Case is also Reported in: ..Category: Constitutional Law | Date: | Hits: 289
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