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....ed his wife and even they did not say that at the time of occurrence petitioner was present in the place of occurrence but the High Court Division failed to follow the principle of criminal justice and dismissed the appeal by the impugned judgment and order which is liable to be set-aside.......he house where his wife, the victim died, the High Court Division came to a finding that the accused was not able to prove his 'alibi'. The High Court Division further observed that according to PW 2 the place of business of the accused is about 3 miles from the place of occur........Petitioner
Vs.
State, represented by the Deputy Commissioner, Narail.......Respondent
Judgment
June 20, 2014.
Result:
The Petition is dismissed.
Fact to prove
Under section 106 of the Act when any fact is especially within the knowledge of......the petitioner only on the point that the alleged victim died in her husband's house and the husband has to explain satisfactorily, but failed to consider the cardinal principle of law that husband will not be liable merely because the wife died in husband's house, if his..
Category: Women and Children | Date: 20 Jun, 2014 | Hits: 15
Motiur Rahman and others Vs. Siddika Begum and Others, 2014, 43 CLC (HCD)
....dicted the judgment and order passed in the miscellaneous appeal and allowing the prayer for temporary injunction, the appellate court committed an error of law in the decision occasioning failure of justice. 14. It is further stated that the learned District Judge committed illegality in grant......he name of the defendant No. 1 Siddika Begum was given up in favour of Helal Uddin and Tobarok Hassan and Helal Uddin and Tobarok Hossain also purchased rest 22 decimals of land in the above plot and accordingly they became the owners and possessors of the entire 44 decimals of land of plot No. 2036...... 151, Exclusive Possession— The defendant No. 1 has exclusive possession over the suit land and prima facie shows that she has mutated her name separately and paying regular rent to the government. Before disposal of the partition suit finally, it is sufficient to prove tha......ation for temporary injunction which contradicted the judgment and order passed in the miscellaneous appeal and allowing the prayer for temporary injunction, the appellate court committed an error of law in the decision occasioning failure of justice. 14. It is further stated that the learned D..Category: Procedural Law | Date: 16 Jun, 2014 | Hits: 0
State Vs. Md. Sajjad Ali, 2014, 43 CLC (HCD)
....nection with any other case. Send down the lower Court records with a copy of this judgment to the concerned Court at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 161 ......ce of the learned Sessions Judge, Rajshahi on 12-11-2007, 4-2-2008, 6-2-2008, but the learned Sessions Judge, Rajshahi did not take any step to ascertain whether the accused is insane or not; 6. according to section 465 of the Code of Criminal Procedure when the matter of insanity was brought t...... Judgment June 16, 2014. Result: The Death Reference No.133 of 2008 rejected. Criminal Appeal No. 8657 of 2008 and the Jail Appeal No.30 of 2009 are allowed. Case Referred to- Mizazul Islam Dablu Vs. State 41 DLR (AD) 157; Mizazul Islam alias Dablu Vs. State, 41 DLR ......e was under legal obligation to ascertain whether the allegation of insanity was true or not before proceeding with the case; 7. the impugned judgment and order dated 1-12-2008 cannot sustain in law as the condemned prisoner was insane and incapable of taking his defence. 22. With the..Category: Criminal Law | Date: 16 Jun, 2014 | Hits: 15
Engineer Abdul Md. Wadud Vs. State and another, 2014, 43 CLC (AD)
....se of the petitioner. We find no merit in the contention of the learned counsel. The petition is accordingly dismissed. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 174 ...... Wadud .............Petitioner Vs. State and another............................Respondent Judgment June 16, 2014. Result: The petition is accordingly dismissed. Lawyers Involved: ASM Abdul Mobin, Advocate, instructed by Zai......n, Advocate, instructed by Zainul Abedin, Advocate-on-Record—For the Petitioner. Mndhumnloty Chowdhury Barua, Advocate-on-Record—For the Respondents. Criminal Petition for Leave to Appeal No. 170 of 2014. (From the judgment and order dated 9-2-2014 passed by the High Court......sustained pecuniary benefit out of the said misappropriation. 3. Mr. ASM Abdul Mobin, learned counsel appearing for the petitioners submits that the High Court Division has committed an error of law in not interfering with the proceeding in failing to consider that the charge of misappropr..Category: Criminal Law | Date: 16 Jun, 2014 | Hits: 4
Mohoshin Miah (Md.) Vs. State and another, 2014, 43 CLC (HCD)
....d order along with the lower Court's record be sent to the concerned Court for information and necessary action. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 114 ......ces Abdus Salam Khokon making a written complaint narrating the above facts to the District Officer, DUDAC, Narayanganj wanted to nab the accused at the time of transaction of the said bribe and accordingly the allegation was registered as FIR No. 3 of 2007 dated 10-4-2007 and making an invento......ate and another………………………..Respondents Judgment June 10, 2014. Result: The appeal is dismissed. Bidhimala came into force on 29 March, 2007 whereas the trap in connection of this case was made on 10 April, 2007, t......11 days of the promulgation of the Bidhimala the occurrence of this case was taken place. The permission either in written or oral was mandatory for the field officer for laying down a trap and every law and Rule is enacted in a civilized society to obey it and to serve the best purpose of the peopl..Category: Anti-Corruption Laws, Criminal Law | Date: 10 Jun, 2014 | Hits: 8
Khandker Abul Hashem Vs. The Commissioner of Taxes, 2014, 43 CLC (HCD)
....e Court of Bangladesh is directed to take steps under section 161(2) of the Income Tax Ordinance, 1984. S.H. Md. Nurul Huda Jaigirdar J. - I agree. Ed. This Case is also Reported in: ......T without considering the provisions of law completed assessment computing the assessee’s income at Tk. 10,44,000/- under section 83A(1)/93/84 of the Ordinance and issued demand notice (IT 30), accordingly 3. The assessee preferred an appeal against the assessment order being Income Tax A......er section 161(2) of the Income Tax Ordinance, 1984. S.H. Md. Nurul Huda Jaigirdar J. - I agree. Ed. This Case is also Reported in: ...... concealment of income. The DCT reopened the case only for concealment of house rent income but considered the genuineness of gift and rejected the gift. The DCT without considering the provisions of law completed assessment computing the assessee’s income at Tk. 10,44,000/- under section 83A(..Category: Fiscal/Taxation Law | Date: 9 Jun, 2014 | Hits: 3
Khandker Abul Hashem Vs. Commissioner of Taxes, 2014, 43 CLC (HCD)
....angladesh is directed to take steps under section 161(2) of the Income Tax Ordinance, 1984. S.H. Md. Nurul Huda Jaigirdar J. - I agree. Ed. This Case is also Reported in: ......T without considering the provisions of law completed assessment computing the assessee’s income at Tk. 10,44,000/- under section 83A(1)/93/84 of the Ordinance and issued demand notice (IT 30), accordingly. 3. The assessee preferred an appeal against the assessment order bein......1(2) of the Income Tax Ordinance, 1984. S.H. Md. Nurul Huda Jaigirdar J. - I agree. Ed. This Case is also Reported in: ...... concealment of income. The DCT reopened the case only for concealment of house rent income but considered the genuineness of gift and rejected the gift. The DCT without considering the provisions of law completed assessment computing the assessee’s income at Tk. 10,44,000/- under section 83A(..Category: Fiscal/Taxation Law | Date: 9 Jun, 2014 | Hits: 5
Government of Bangladesh and others Vs. Md. Abdul Karim, 2014, 43 CLC (HCD)
.... disposal of the criminal case pending against him on the same issue. Ed. This Case is also Reported in: 66 DLR (AD) (2013) 251 ...... disposal of the criminal case pending against him on the same issue. Ed. This Case is also Reported in: 66 DLR (AD) (2013) 251 ......ip;………………..Respondent Judgment June 9, 2014. Result: The petition is disposed of. Lawyers Involved: Biswajit Deb Nath, Deputy Attorney-General instructed by B Hossain, Advocate-on-Record—For the Petitioners. Khurshid ......ities to defend himself but the reply of the petitioner was not found satisfactory and the authority concerned, therefore, imposed the impugned punishment upon compliance with all the requirements of law. 5. The Administrative Tribunal, after hearing both the parties and on consideration o..Category: Civil Law, Procedural Law | Date: 9 Jun, 2014 | Hits: 4
Shahin Reza (Md.) Vs. Nasiruddin Howlader and others, 2014, 43 CLC (AD)
.... and findings given by Nazmun Ara Sultana, J. Order of Court This appeal is dismissed by majority decision. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 243 ...... the basis of the wrong entry and, as such, this suit is well within time. 10. Mr. Mahmudul Islam has made argument also countering the case of the respondent Nos. 46 and 47 by pointing out that according to the case of these defendants Shashi Kumar Singh acquired the suit land by virtue of auc...... Judgment June 5, 2014 Result: This appeal is dismissed. Limitation Act (IX of 1908); Article 120 Suit Field for Declaration of Title— Plaintiff is not bound to institute a suit for declaration that the records of right of the suit land are wrong. When an in......rrent findings and decision of the courts of facts relying on Exhibit-6 and other so-called decrees which were not at all binding upon the plaintiff; that the High Court Division, on misconception of law, failed to appreciate the so-called Exhibit-6 in its true purport, that the alleged sale certifi..Category: Limitation Law, Property Law | Date: 5 Jun, 2014 | Hits: 11
....ngladesh is directed to take necessary steps under section 16(2) of the Income Tax Ordinance, 1984.
S. H. Md. Nurul Huda Jaigirdar J. - I agree.
This Case is also Reported in:
......ngladesh is directed to take necessary steps under section 16(2) of the Income Tax Ordinance, 1984.
S. H. Md. Nurul Huda Jaigirdar J. - I agree.
This Case is also Reported in:
......ection 16(2) of the Income Tax Ordinance, 1984.
S. H. Md. Nurul Huda Jaigirdar J. - I agree.
This Case is also Reported in:
......hat in the assessment year in question those two amounts given as loan to the assessee, were shown to have gifted to the assessee-applicant by the lenders; that in the above admitted scenario the DCT lawfully found that the said amount was cancellation of indebtedness to his wife and brother, who ha..
Category: Fiscal/Taxation Law | Date: 4 Jun, 2014 | Hits: 5
Shafiqul Islam Vs. Bangladesh Bank and others, 2014, 43 CLC (HCD)
....stay granted earlier by this Court at the time of issuance of the said rules, thus, stand recalled and vacated Communicate this. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 270 ...... as well, the petitioner stood guarantee for the said loan by executing personal guarantee. As against the above transactions, both the Mystic and Russel Lodge failed to repay the said loan and, accordingly, the names of those companies were sent to the Bangladesh Bank along with the name of th...... Bangladesh Bank and others............Respondents Judgment June 1, 2014. Result: All the Rules are discharged. Bank Company Act (XIV of 1991) Section 5 GaGa Declaratory and Clarificatory Amendment—"Defaulter-Borrower" Substantive right of......t No. 5 (In Writ Petition No. 10472 of 2012) Writ Petition Nos. 9158, 10472 of 2012. & Writ Petition No. 10093 of 2013. Judgment Sheikh Hassan Arif J.— Since the questions of law and facts involved in the aforesaid three writ petitions are almost same, they have been taken u..Category: Banking Law, Company Law | Date: 1 Jun, 2014 | Hits: 11
....his aspect most illegally rejected the application of the petitioners under Order VII, rule 11(d) of the Code of Civil Procedure, 1908 resulting an error of law in the decision occasioning failure of justice and hence the impugned order is liable to be set-aside.
11. Learned Advocate further su......ties to the arbitration agreement filed a legal proceeding in a Court against the other party, and, as such, the instant suit is not at all maintainable in law in its present form and manner and accordingly the plaint is liable to be rejected, but the learned Joint District Judge, 1st Court, Dh......& another..........Petitioners
Vs.
Mosharaf Composite Textile Mills Ltd...........Opposite Party
Judgment
May 28, 2014.
Result:
This rule is disposed of.
Arbitrators have no Jurisdiction over the Court but Court has Jurisdiction over the Arbitration—
......no binding effect on the plaintiff, for a declaration that the reciprocal performance of the plaintiff under Contract No. 315510058 dated 31-1-2011 having become impossible and barred under the law of the land, the plaintiff is discharged from all liabilities under the said Contract No. 315510..
Category: Arbitration Law, Civil Law, Procedural Law | Date: 28 May, 2014 | Hits: 7
Asad Ali (Md.) and another Vs. Golam Sarwar and others, 2014, 43 CLC (AD)
....ourt below are set-aside and the case for pre-emption be dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 315. ......inst the second party of that sole decree for permanent injunction and in that suit both the parties categorically admitted about the sole decree and also about their right, title and possession according to that sole decree since passing of that sole decree. The learned Counsel has argued......only even if the original holding/tenancy remains intact and there is no division or separation of tenancy. Section 24 of the Non-Agricultural Tenancy Act has given the right of pre-emption to the co-sharer tenants of the non-agricultural land while section 96 of the State Acquisition and ......as no proof that the land of the original khatian was partitioned by metes and bounds among its co-sharers. The learned Counsel has argued also that the High Court Division committed serious error of law also in holding that since there was no division of the holding by creating new tenancy and sepa..Category: Tenancy Law | Date: 28 May, 2014 | Hits: 22
....trative Appellate Tribunal, but for other grounds discussed above. Accordingly, the petition is dismissed.
Ed.
This Case is also Reported in: 67 DLR (AD) (2015) 127.
......hanical) post. Later on, CME, West Rajshahi set-aside the previous order and allowed the petitioner, the scale of Taka 625-1315 absorbing him in the direct post of SSAE with effect from 31-5-1986 and accordingly, issued a letter. While the petitioner had been working as such, opposite party No.......The petition is dismissed.
Lawyers Involved:
KhurshidAlam Khan, Advocate instructed by Zainul Abedin, Advocate-on-Record—For the Petitioner.
Sarder Rashed Zahangir, Deputy Attorney-General instructed by Md. Zahirul Islam, Advocate-on-Record— For the Respondents.
......s without absorbing him in the post of SSAE, but creating a Special Class of SAE. In the said Memo, the Manager/Diesel, Bangladesh Railpath, Parbotipur was asked to dispose of the matter according to law and also to realize the amount from the person concerned. On the basis of the said demand, the E..
Category: Administrative Law | Date: 25 May, 2014 | Hits: 9
Amena Meher Vs. Md. Abdul Kader and others, 2014, 43 CLC (HCD)
..... The office is directed to communicate this order to the Joint District Judge, 2nd Court, Pabna for compliance. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 61 ......he application filed by the pre-emptee under Order XL, rule 1 the learned Judge did not apply his judicial mind to the fact and law involved in the matter. Therefore, we find substance in the appeal, accordingly the same is allowed without any order as to costs and connected rule being Civil Ru......ceeding under Mohammadan Law, the appellant is the pre-emptee who purchased the disputed land from one Jamila Khatun by a registered kabala dated 23-8-2011 bearing registration No.4146 and the pre-emptor respondent has brought the proceeding claiming himself to be a co-sharer and a continuous owner ...... the view taken by the learned Joint District Judge while disposing of the application filed by the pre-emptee under Order XL, rule 1 the learned Judge did not apply his judicial mind to the fact and law involved in the matter. Therefore, we find substance in the appeal, accordingly the same is allo..Category: Civil Law, Procedural Law | Date: 19 May, 2014 | Hits: 3
Aynul Haque (Md.) Vs. Government of Bangladesh, Dhaka, 2014, 43 CLC (HCD)
.... things it would be difficult, nearing almost an impossibility to subject such exercise undertaken by the Full court expect in an extra ordinary case when the Court is convinced that some real injustice, which ought not to have taken place, has really happened and not merely because there could...... for this court to interefere with the impugned decision and order. Thus, the petition is dismissed. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 381 ......volved: MI Farooquie, Senior Advocate, instructed by Md. Ferozur Rahman Advocate-on-Record—For the Petitioner. None Represented—For the Respondent. Civil Petition for Leave to Appeal No. 64 of 2010. (From the judgment and order dated 29-10-2009 passed by the Administr......ricated and the inquiry officer did not hold inquiry following the relevant rules and procedures. It has been stated that the punishment of compulsory retirement had been awarded illegally and unlawfully. The Government contested the said AT Case contending that on the basis of the inquiry..Category: Administrative Law | Date: 19 May, 2014 | Hits: 3
Beautiful Bibi Vs. Md. Sydur Rahman, 2014, 43 CLC (HCD)
.... Source: www.gpo.gov/fdsys/pkg/PLAW-106. pub1546. (2) DNA Identification Act, (Passed in 1998) by Canadian legislature. Published by Minster of Justice at the Source: the website//laws lois.justice. gc.ca/eng/acts/D-3.8. 56. Other countries like Australia, UK have also accepted the DN......th or other certificate or any scientific evidence with regard to his age. 38. Plaintiff (P.W.1), however, stated that the child was 3 years of age on the date of her deposition on 24-6-2010. So according to her the child was born on 23-6-2007 which is about 6 months after the registration of t......s the biological father of the disputed child Md. Biman, He cannot be excluded as being the biological father of the child Md. Biman as he possesses all the genetic markers that should be contributed to the child by a biological father. The probability of the stated relationship is 99.99999%.&q......formation) Source: www.gpo.gov/fdsys/pkg/PLAW-106. pub1546. (2) DNA Identification Act, (Passed in 1998) by Canadian legislature. Published by Minster of Justice at the Source: the website//laws lois.justice. gc.ca/eng/acts/D-3.8. 56. Other countries like Australia, UK have also accep..Category: Women and Children | Date: 19 May, 2014 | Hits: 29
.... Court of Bangladesh, is to take necessary steps under section 161(2) of the Income Tax Ordinance, 1984.
S. H. Md. Nurul Huda Jaigirdar J:- I agree.
Ed
This Case is also Reported in:
...... Court of Bangladesh, is to take necessary steps under section 161(2) of the Income Tax Ordinance, 1984.
S. H. Md. Nurul Huda Jaigirdar J:- I agree.
Ed
This Case is also Reported in:
......der section 161(2) of the Income Tax Ordinance, 1984.
S. H. Md. Nurul Huda Jaigirdar J:- I agree.
Ed
This Case is also Reported in:
......ng to trust or other legal obligation except donation received for charitable purposes, income from house property and income from micro-credit scheme are liable to taxation. Due to this provision of law, the appellant despite being a trust or other legal obligation is required to pay tax on savings..
Category: Fiscal/Taxation Law | Date: 14 May, 2014 | Hits: 9
State and another Vs. Abdul Kader @ Mobile Kader and others, 2014, 43 CLC (AD)
....entering into the merit about his complicity on the ground that after being enlarged on bail for a limited period, he did not seek for extension and that he remained in abscondence as a fugitive from justice. 7. Now the first question is whether a confessional statement of co-accused can b......urt Division erred in acquitting accused respondent Abdul Quader @ Mobile Quader and also maintaining the conviction of Ataur Rahman, I am unable to persuade the views taken by my learned brother and accordingly, I feel it proper to express my own opinion. 3. Short facts to dispose of the appea...... May 14, 2014. Result: Criminal Appeal No.22 of 2010 is allowed. Criminal Appeal No.23 of 2010 is dismissed. Criminal Appeal No.24 of 2010 is allowed. Case Referred to- Mirza Akbar Vs. King of Emperor, AIR 1940 PC 176; Williams and Coleridge, JJ, Reg Vs. Blake....... 9. This view has been lucidly explained by the Judicial Committee of the Privy Council as back as in 1940 in the case of Mirza Akbar Vs. King of Emperor, AIR 1940 PC 176. The statement of law argued by the Privy Council was approved by the Supreme Courts of Pakistan and India in series o..Category: Criminal Law | Date: 14 May, 2014 | Hits: 16
Bangladesh Rural Advancement Committee (BRAC) Vs. Commissioner of Taxes, 2014, 43 CLC (HCD)
....esh, is to take necessary steps under section 161(2) of the Income Tax Ordinance, 1984. S. H. Md. Nurul Huda Jaigirdar J. - I agree. This Case is also Reported in: ......esh, is to take necessary steps under section 161(2) of the Income Tax Ordinance, 1984. S. H. Md. Nurul Huda Jaigirdar J. - I agree. This Case is also Reported in: ...... of the Income Tax Ordinance, 1984. S. H. Md. Nurul Huda Jaigirdar J. - I agree. This Case is also Reported in: ......ng to trust or other legal obligation except donation received for charitable purposes, income from house property and income from micro-credit scheme are liable to taxation. Due to this provision of law, the appellant despite being a trust or other legal obligation is required to pay tax on savings..Category: Fiscal/Taxation Law | Date: 14 May, 2014 | Hits: 3
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