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Soleman (Md.) Vs. Ahbarek Khalifa and others, 1992, 21 CLC (HCD)
.... that finding on the view that the proper finding should have been that the first party was in possession. After pointing out that it was not the lute of the High Court to interfere with decisions or facts upon evidence except for special reasons it was observed as follows: "It is intolera......iminal Revisional Jurisdiction) Present: Habibur Rahman Khan J Muhammad Abdul Mannan J Soleman (Md.).....................................Petitioner Vs. Ahbarek Khalifa and others..................Opposite Parties Judgment December 2, 1992. Result: ...... Rule is made absolute. Taking Evidence on which Party was in Possession of the Disputed Property— In a proceeding under Section 145 Cr.P.C. it is for the Magistrate to decide upon taking evidence which party was in possession of the disputed property at the time of making the initial or..Category: Criminal Law, Procedural Law | Date: 2 Dec, 1992 | Hits: 1
Meghna Petroleum Limited Vs. Commissioner of Taxes (West Zone) Dhaka, 1992, 21 CLC (HCD)
....In this reference application an important question of law has been formulated by the assessee company. 2. In order to appreciate the question and to answer the same it is necessary to state the facts in short. The assessee, a limited company, carries on business of marketing petroleum products......oner of Taxes (West Zone) Dhaka.................Respondent Judgment November 30, 1992. Result: The questions formulated for determination are answered in the affirmative and in favour of revenue department. The Income Tax Ordinance, 1984 (Ordinance No. XXXVI ...... order of stay granted by the court on 29.10.92 is hereby vacated. The parties are to bear their respective costs although. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 260 ..Category: Fiscal/Taxation Law | Date: 30 Nov, 1992 | Hits: 6
State Vs. Abdul Khaleque, 1992, 21 CLC (HCD)
....eath for which he is on trial, The consideration is bound to be different in a case like this." 20. Section 32(1) of the Evidence Act provides that statement, written or verbal, of relevant facts made by a person who is dead is relevant when the statement is made by a person as to the caus......ber 24, 1992. Result: The Reference is rejected Cases Referred to- 36 DLR 333 (State Vs. Imdad Ali Bepari); Chan Shah Vs. Crown, PLD 1956 (FC) 43 = 8 DLR (FC) 24; Nirmal Krishna Chanda Vs. State, BCR 1982 (Special Bench) 344, Kazi Shajiruddin Ahmed, 12 BLD 49; Saidur Rahman Vs. S......m Meher Negar, aged about 16 years (daughter of P.W. 3 Abdul Wahab Khalifa and P.W.4 Anwara Begum) was married to accused about 4 months before the occurrence. P.W.3 Abdul Wahab Khalifa stated in his evidence that previous to the marriage to the accused the victim Meher Negar had been married to ano..Category: Criminal Law, Family Law | Date: 24 Nov, 1992 | Hits: 4
Shamsun Nahar Awal Vs. Board of Intermediate and Secondary Education, and others, 1992, 21 CLC (HCD)
.... the said order. The power passing an order rescinding or cancelling an earlier one which has given rise to certain rights shall have to be founded on some statutory provisions. In the context of the facts of this case, we are clearly of the opinion that as a result of cancellation of the notificati......sp; Mainur Reza Chowdhury J Shamsun Nahar Awal [In WP No. 1661 of 1989] Marium Begum............................Petitioners [In W P Nos. 4/90 & and 514 of 1992] Vs. Board of Intermediate and Secondary Education, and others...........R......in Writ Petition No. 2514 of 1992 stands discharged and consequence the concerned stay order is vacated. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 365 ..Category: Administrative Law | Date: 27 Aug, 1992 | Hits: 1
Abul Hossain and others Vs. State, 1992, 21 CLC (HCD)
....atements were obtained by the police from them through torture and coercion. The learned assistant Sessions Judge, after hearing both the sides and on consideration of the materials on record and the facts and circumstances of the case, was pleased to find all the accused-appellants guilty under Sec...... ......nfession of an accused may be used against other co‑accused in the same trial under section 30 of the Evidence Act. But that is for a limited purpose. In fact, a confession of a co‑accused is not evidence under section 3 of the Evidence Act, but it may be used if it is found to be true and volun..Category: Criminal Law | Date: 23 Aug, 1992 | Hits: 6
A R Shams ud Doha Vs. Bangladesh and others, 1992, 21 CLC (HCD)
....ssport authority is satisfied that the holder of the passport or travel document is in wrongful possession thereof, (b) if the passport or travel document was obtained by suppression of material facts; (c) if the passport authority deem it necessary to do so in the interest of sovereignty,......nwarul Hoque Choudhury J KM Hasan J A R Shams‑ud‑Doha………………………………Petitioner Vs. Bangladesh and others……………………………&h......order. In the facts and circumstance of the case there is no order as to cost. Communicate this order at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 405. ..Category: Administrative Law, Constitutional Law | Date: 4 Aug, 1992 | Hits: 3
Abdur Rouf Vs. Bangladesh and others, 1992, 21 CLC (HCD)
.... necessary documents and papers referred to above. The application was restored as case No. 760 of 1987 (Ka‑165 Mirpur Dhaka). The Government did not file any written statement against the material facts of the case of the petitioner. In the absence of written statement or objection the case was t...... Abdur Rouf…………………………………………………Petitioner Vs Bangladesh and others……………………………Re...... and signature of the petitioner. It is also seen from the judgment that the Court of Settlement did not discuss or dispose of the question of identity of the petitioner although there was sufficient evidence to prove the identity of the petitioner. In these circumstances, it must be held that the p..Category: Abandoned Properties Law, Property Law | Date: 3 Aug, 1992 | Hits: 17
Salim Hasan Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)
....etention in pursuance to his arrest on 28.4.92. On the fourteenth day of his detention the detenu was served with the ground of detention. Those grounds, according to the petitioner, contain the same facts that are also the fact in the complaint case and the detenu having been detained for 120 days ......n (Special Original Jurisdiction) Present: Anwarul Haque Chowdhury J KM Hasan J Salim Hasan…………....................Petitioner Vs. Government of Bangladesh and others……………Respondents Judgment July 16, 1992. Cases Referred to- ......n for his detention under the Act. It was held that these two jurisdictions are not co‑extensive nor are they alternative. The jurisdiction under the detention law may be invoked when the available evidence does not come up to the standard of judicial proof but is otherwise cogent enough to give r..Category: Banking Law | Date: 16 Jul, 1992 | Hits: 187
....though it has been attempted to be agitated at the time of hearing of the petition and as that would be a question of fact not originally agitated in the petition we are not inclined to go into those facts and also for the reason that a plan once made is always capable of being revised thereafter by......lip;……………………………………Petitioner
Vs.
Bangladesh, represented by the Secretary Ministry of Works and others……………………..Respondent
Judgment......
The, stay granted earlier by this court as to the construction of the building of respondent Nos. 4 and 5 is hereby vacated.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 281
..
Category: Constitutional Law, Property Law | Date: 7 Jul, 1992 | Hits: 3
AFM Safiyyullah Vs. AKM Bashirullah alias Mortuza Bashir and others, 1992, 21 CLC (HCD)
.... yet get his 1/8 legal share in the suit properties. P.W.1 further said in his cross‑examination that the solenama has not been acted upon and that it was a tentative solenama. In view of all these facts and evidence, it will appear that the c1cfendant‑appcilant has failed to prove that the suit......Safiyyullah…………………………………………Appellant Vs. AKM Bashirullah alias Mortuza Bashir and others…………....Respondents Judgment July 7, 1992. Resu......etes and bounds amongst the co‑sharers. The suit has been brought on some frivolous allegations and hence, it is liable to be dismissed. 4. The learned Subordinate Judge, after considering the evidence of the suit and hearing both the parties, has decreed the suit by his judgment and decree d..Category: Civil Law | Date: 7 Jul, 1992 | Hits: 1
....f Muharrars from amongst the immediate lower posts of Tax Collecting Muharrars on seniority basis by following the existing rules and practices of appointment. The respondent No. 3 on considering the facts, circumstances and claims of the Tax Collecting Muharrars sent his comments to the respondent ......so Reported in: 46 DLR (HCD) (1994) 46.
......of the case we hold that the Rule cannot be sustained.
In the result, the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 46.
..
Category: Constitutional Law, Employment/Service Law | Date: 30 Jun, 1992 | Hits: 8
....ithout prior notice, the suit becomes still‑born and has to be buried at its institution. I cannot but therefore hold that the provision is mandatory.
11. On a careful consideration of all the facts and circumstances of the case I must hold that the court below has not correctly decided the p......t Division
(Civil Revisional Jurisdiction)
Present:
D M Ansar Uddin Ahmed J
Narayanganj Pourashava, represented by its Administrator, Narayanganj; Chairman, Narayanganj Paurashava and others……………Petitioners
Vs.
Abdur Razzak…&hel......nd (SA Plot No. 1510) covers southern portion of CS plot No. 298 and that to its south lay the land of CS plot No. 279.
6. At the trial 3 P.Ws. and 2 D.Ws. were examined and the parties put into evidence some documents in support of their respective claims. The learned Munsif on discussion of e..
Category: Administrative Law | Date: 23 Jun, 1992 | Hits: 1
Serajul Islam Thakur Vs. Government of Bangla¬desh and another, 1992, 21 CLC (HCD)
....f the matter. The learned Chief Justice, however, constituted this Special Bench consisting of us to dispose of the matter. 2. Both the writ petitions involve common questions of law and similar facts and therefore they were heard together and are disposed of by this judgment. 3. A Pakista......kur...................Petitioner [In WP No. 1731/89] SRK Lohani………….........................Petitioner [In WP No. 1737/89] Vs. Government of Bangladesh and another...........Respondent [In both the writ petitions] Judgment May 27, 1992. ......r the framing of the charge showed cause; the allegation against the petitioner was inquired into by an inquiring officer, namely, Lt. Col. Mujibur Rahman, Engineering Adviser of Ministry of Defence; evidence of the witnesses were taken and the petitioner cross-examined them. The inquiring offi..Category: Administrative Law | Date: 27 May, 1992 | Hits: 1
Ataur Rahman Vs. Bangladesh & others, 1992, 21 CLC (HCD)
....hose. We exercise the power under original jurisdiction, namely under Article 102 of the Constitution of the People's Republic of Bangladesh in a summary proceeding and do not decide questions of facts and settle issues of fact or enforce a contract, for which other adequate remedy is available....... When a waiver arises— A waiver would arise when one party by his conduct leads another to believe that the strict rights arising under the contract will not be insisted upon by the other and if the second party acted on it, the first party would not be allowed to insist on that right wh......highest bidder after being accepted as high shall deposit 50% of the bid money on the spot immediately after his highest bid is accepted and the bidder will take a receipt and the receipt would be an evidence of the fact of the said deposit and the rest 50% of the bid money "must be" depos..Category: Administrative Law | Date: 25 May, 1992 | Hits: 2
Muzibur Rahman Talukder Vs. AKM Musa and others, 1992, 21 CLC (HCD)
.... landlords of the petitioner who managed get all these actions taken by the respondent Nos. 1 and 2. Finally, the petitioner filed an application to the Deputy Commissioner, Madaripur stating all the facts but without any result. He was finally given an unsigned copy of the eviction order and the se......risdiction) Present: Md. Abdul Jalil J Kazi Ebadul Hoque J Muzibur Rahman Talukder…………………........Petitioner Vs. AKM Musa and others………………………….......Res......lip Kumar Basak, the then Magistrate, 1st Class and Upazila Magistrate, Madaripur wherever they are now, in accordance, with law. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 21. ..Category: Criminal Law | Date: 25 May, 1992 | Hits: 107
Syed Ali Mandal alias Md. Syed Ali and 4 others Vs. State, 1992, 21 CLC (HCD)
.... abetted the offence of misappropriation. It is well settled that mere violation of rules and instructions in the absence of mens rea do not render the person criminally liable. Here in this case the facts and circumstances indicate that appellants Bholai Pramanik, Md. Abdur Rashid, Md. Moksed Ali a...... is also Reported in: 46 DLR (HCD) (1994) 149. ......amined none. 9. The defence case as far as it can be gathered from the trend of cross‑examination, is that of innocence. The learned Divisional Special Judge thereafter on consideration of the evidence on record round the aforesaid appellants guilty of the charge under sections 409/109 of the..Category: Criminal Law | Date: 20 May, 1992 | Hits: 2
State Vs. Constable Lal Mia and another, 1992, 21 CLC (AD)
....joinder of charges and persons and further in acquitting the respondents on the said finding alone. 2. In order to appreciate the point as to misjoinder as aforesaid it is necessary to state the facts of the case as they have emerged after hearing the parties and perusal of papers and documents......bsp; Vs. Constable Lal Mia and another .........................Accused-Respondents [Criminal Appeal No.8 of 1989]. H...... the PWs, the defence suggested the other version of the incident, that is, the counter‑case which was denied by the P.Ws. 13. The learned Additional Sessions Judge upon a consideration of the evidence, by his judgment and order dated 9.12.84, convicted the four constables under sections 395/..Category: Criminal Law | Date: 14 May, 1992 | Hits: 73
Bengal Metro Engineering Co. and others Vs. Agrani Bank, 1992, 21 CLC (HCD)
....Subordinate Judge, Commercial Court No. 1, Dhaka in Title Suit No, 280 of 1989 in respect of an application for permission for sale of the pledged goods during the pendency of the suit. 2. Short facts giving rise to this Rule may be stated as follows: The opposite party Bank as plaintiff i...... ......it is almost ready for hearing, if that be so, let the suit be disposed of as expeditiously as possible. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 168 ..Category: Contract Law | Date: 5 May, 1992 | Hits: 2
....tilization of capital borrowed. Where an assessee satisfies the requirements of clause (iii) he is entitled to the entire amount of interest paid on the borrowed capital. Accordingly, we hold, on the facts of the present case and in view of the finding of the Tribunal, that the assessee is entitled ......
Present:
AM Mahmudur Rahman J
Syed J R Mudassir Hussain J
Commissioner of Taxes, Dhaka (South) Zone, Dhaka...........................Petitioner
Vs.
Titas Gas Transmission and Distribution Co. Ltd. Dhaka.......................Respondent
Judgment
April 23, 1992.
......h facts and can see how the question has been dealt with by the Tribunal raised before it either by the assessee or the Revenue.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 332
..
Category: Fiscal/Taxation Law | Date: 23 Apr, 1992 | Hits: 8
Asim Ali Vs. Badaruddin @ Suruj Mia & others, 1992, 21 CLC (HCD)
....ntitled? 4. The learned Munsif decided issue Nos. 2 and 3 in favour of the plaintiffs. Then he took up the issue Nos.1, 4 and 5 together for convenience of discussion and on consideration of the facts of the case and the evidence on record and the relevant provisions of law came to the finding ......;………….Opposite Parties Judgment April 22, 1992. Result: The rule is made absolute. Cases Referred to- Ratesh Chandra Mridha Vs. Hara Krishna Goldar and o1hers, reported in 15 DLR 634; Debi Dayal Vs. Ghasita and ......ed Munsif decided issue Nos. 2 and 3 in favour of the plaintiffs. Then he took up the issue Nos.1, 4 and 5 together for convenience of discussion and on consideration of the facts of the case and the evidence on record and the relevant provisions of law came to the finding that the vendor pro‑defe..Category: Property Law | Date: 22 Apr, 1992 | Hits: 3
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