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Abdus Sukur (Md.) and others Vs. Bhasani Mandal and another, 2001, 30 CLC (HCD)
....gment and decree of the Court of appeal below are set aside and those of the trial Court are hereby restored. Send down the records. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 452....... another………..Opposite Parties. Judgment July 17, 2001. Cases Referred to- Haider Ali Vs. the State, 47 DLR (AD) 47, Moulavi Abdul Mannan Vs. Md. Rafiqul Islam, 46 DLR 493, Jhanda Singh and another Vs. Harman Singh and others, AIR 1926 Lahore 415, Sheikh Karimullah Vs. Gudar Koeri......s the most important evidence on record on possession. When the defendant No.1 claimed the suit land as agricultural land, an Advocate Commissioner was appointed to ascertain the present position and nature of the suit land, namely, whether there is any paddy in the land and also the number of struc..Category: Property Law | Date: | Hits: 75
State Vs. Md. Shamim alias Shamim Sikder and others, 2000, 29 CLC (HCD)
....der alias Md. Ratan are allowed and they are found not guilty to the charges levelled against them and they are acquitted in this case. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 439.......und not guilty to the charges levelled against them and they are acquitted in this case. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 439.......i Idris carried the same to the Police Station, but Kazi Idris also has not been examined. He then stated that police held inquest over the dead body of the deceased in his presence and he put his signature on the inquest report. He further stated that the above named two Jasims told him that they r..Category: Criminal Law | Date: | Hits: 50
Progoti General Insurance Co. Ltd. Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)
....ormulated by us in the negative and in favour of the assessee petitioner. There will be no order of cost. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 424, 53 DLR (HCD) (2001) 531. ......sessee petitioner. There will be no order of cost. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 424, 53 DLR (HCD) (2001) 531. ......d. Abdur Rahim Bhuiya, the Assistant Attorney-General appearing for the Revenue, on the other hand, submits that the imposition of levy is not a charge on the income of the assessee, rather is in the nature of a charge upon the source of income. The learned Assistant Attorney-General further submits..Category: Fiscal/Taxation Law | Date: | Hits: 104
Mainuddin Chowdhury & others Vs. State and another, 2001, 30 CLC (HCD)
....itioners No.4 be enlarged on bail to the satisfaction of the Deputy Commissioner, Chittagong, if not wanted in any other connection. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 416. ......action of the Deputy Commissioner, Chittagong, if not wanted in any other connection. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 416. ......ancellation not by making allegations alone, but by giving substantive proof of such allegations. In the present case the appellants had filed an application which did not give any particulars of any nature. It was an application making general allegations without any attempt to substantiate the sam..Category: Criminal Law | Date: | Hits: 43
....ered in the negative, and against the Revenue.
Accordingly, the reference is answered in the negative. There will be no order as to costs.
Ed.
This case is also Reported in: 52 DLR (2000) 484.......dingly, the reference is answered in the negative. There will be no order as to costs.
Ed.
This case is also Reported in: 52 DLR (2000) 484....... reading of the order of Deputy Commissioner of Taxes, that he merely on conjectures and surmises observed that a job-seeker usually pays Taka 30,000 to 60,000 to the recruiting agents depending upon nature and prospect of the job abroad and after incurring various expenses for the job-seekers, the ..
Category: Fiscal/Taxation Law | Date: | Hits: 101
A Rouf Chowdhury and another Vs. Bangladesh and others, 2000, 29 CLC (HCD)
....n view of our decision, the order issued earlier directing the parties to maintain status quo in respect of construction is hereby vacated. Ed. This case is also Reported in: 52 DLR (2000) 461. ......ing the parties to maintain status quo in respect of construction is hereby vacated. Ed. This case is also Reported in: 52 DLR (2000) 461. ......was no public notification published declaring the old Tejgaon airport as an operating airport. He also took us through the Dhaka Metropolitan City Development Plan (1995-2000) and submitted that the nature and scope of development of the old Tejgaon airport area was still pending to be finalised. S..Category: Property Law | Date: | Hits: 125
Osena Begum alias Babuler Ma and another Vs. State, 2003, 32 CLC (HCD)
....r case. Let a copy of this judgment be sent to the learned Additional Sessions Judge for his guidance. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (2003) 299. ......to the learned Additional Sessions Judge for his guidance. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (2003) 299. ......ad quarrel with her mother‑in‑law. It would be at 11‑00 AM and her mother‑in‑law poured acid on her body. Her husband was also with her mother but he did not prevent. Magistrate took his signature after writing dying declaration. Hazera gave thumb impression. He identified his signature. ..Category: Criminal Law | Date: | Hits: 49
Mrs. Aruna Sen Vs. Govt. of the People's Republic of Bangladesh and others, 1974, 3 CLC (HCD)
....this case involves substantial question as to the interpretation of the Constitution. Abdur Rahman Chowdhury, J.- I agree. Ed. This Case is also Reported in: 27 DLR (1975) HCD 122. ......erpretation of the Constitution. Abdur Rahman Chowdhury, J.- I agree. Ed. This Case is also Reported in: 27 DLR (1975) HCD 122. ...... property, are powers to be exercised judicially, and not ministerially or merely, to use the language of Palles C.B., as proceedings towards legislation" So he inferred the judicial element from the nature of the power. And I think that Atkin LJ did the same. Immediately after the passage which I..Category: Constitutional Law | Date: | Hits: 291
Zafela Begum and others Vs. Atikulla and others, 2011, 40 CLC (AD)
....l is allowed without any order as to costs. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 46, 31 BLD(AD) (2011) 111, 8 LG (AD) (2011) 133, 16 MLR (AD) (2011) 216, VIII ADC (2011) 907. ......6, 31 BLD(AD) (2011) 111, 8 LG (AD) (2011) 133, 16 MLR (AD) (2011) 216, VIII ADC (2011) 907. ......s not present at the time of execution of the deed. These witnesses are close neighbours, though not witnesses of the deed, supported the gift without disclosing the basis of their claim and from the nature of evidence they deposed do not inspire us to believe them as reliable witnesses. 16. We d..Category: Property Law | Date: | Hits: 127
.... of the review petitioners the same is set aside on review.
In the result, the Rule is made absolute without any order as to costs.
Ed.
This Case is also Reported in: 55 DLR (2003) 289.
......iew.
In the result, the Rule is made absolute without any order as to costs.
Ed.
This Case is also Reported in: 55 DLR (2003) 289.
...... 98 of the Constitution, as already stated, is an original jurisdiction. Obviously, the jurisdiction under that Article pertains to civil as well as other matters. At the moment, I shall consider the nature of the proceeding arising out of a writ petition relating to a civil matter, as in the instan..
Category: Others | Date: | Hits: 119
Alam Kabiraj and others Vs. State, 2003, 32 CLC (HCD)
....the co‑accused and during occurrence he was asked by those miscreants to remain standing with cloths of others and he did not receive any money as booty. Accordingly, he contends that Exhibit 8 was exculpatory in nature. Similarly, he argues that Exhibit 9 statement under section 164 Cr.P.C. of ac...... directed to be set at liberty if not connected with any other case. Record be sent down. Ed. This Case is also Reported in: 55 DLR (2003) 273. ......ss. He frankly admits the legal position that confessional statement of any accused can be used as evidence against the maker if the same is found on scrutiny to be inculpatory, true and voluntary in nature. He also points out the legal position that confessional statement of one accused cannot be u..Category: Criminal Law | Date: | Hits: 42
State Vs. Md. Abdul Kuddus and others, 2010, 39 CLC (AD)
....tness. It appears that accused Nuru Miah did not implicate himself with the commission of murder in terms of offence and the same is out and out exculpatory. It is a settled principle of law that exculpatory confession unconnected with commission of offence is no confession in the eye of law a...... of Bangladesh for taking legal actions in the light of the judgment. Ed. This Case is also Reported in: VIII ADC (2011) 73, 16 MLR (AD) (2011) 156. ......pecial public prosecutor have deliberately destroyed the prosecution case and accordingly these officers are required to be taken into task in accordance with law so that no case of the similar nature is destroyed in the hands of these officers in future. If no action is taken against them and..Category: Criminal Law | Date: | Hits: 47
Md. Azizur Rahman Vs. State and another, 2010, 39 CLC (AD)
....he above, we find no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 50. ......ssions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 50. ......ged between the bank and the importer, made only part payment and assured of further payment but did not pay off total bank dues; that in the FIR and charge sheet there was only allegation of a vague nature that the importer in collusion with the accused petitioner by fabricating papers obtained cle..Category: Criminal Law | Date: | Hits: 55
Tarique Rahman Vs. Government of Bangladesh, 2011, 40 CLC (AD)
....of with the above observations and modifications. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 18, 31 BLD (AD)(2011) 34, 19 BLT (AD) (2011)104, 8 LG (2011) AD 90, VIII ADC (2011) 217. ......011) 18, 31 BLD (AD)(2011) 34, 19 BLT (AD) (2011)104, 8 LG (2011) AD 90, VIII ADC (2011) 217. ......09 was given retrospective effect from 15.04.2008 when the Ain of 2002 was repealed by the promulgation of the Ordinance of 2008. The facts and circumstances of the instant case is very unique in its nature wherein an offence committed under the repealed Ain of 2002 and the FIR was lodged much long ..Category: Civil Law | Date: | Hits: 174
State Vs. Saiful Islam and another, 2003, 32 CLC (HCD)
.... maintained with the modification of the sentence of condemned prisoner Fazilutennessa as stated above. Lower Court record be sent down. Ed. This Case is also Reported in: 56 DLR (2004) 376. ......ce of condemned prisoner Fazilutennessa as stated above. Lower Court record be sent down. Ed. This Case is also Reported in: 56 DLR (2004) 376. ......blood stained chisel, saree, mosquito net and other cloths and prepared a seizure list which he signed as a witness. He also proved the seized articles as Material Exhibit No. 1(Ka) series and his signature thereon as Exhibit 1/1. In cross-examination, he admitted that the land where the occurrence ..Category: Criminal Law | Date: | Hits: 84
State Vs. Billal Hossain Gazi, 2004, 33 CLC (HCD)
....ourt and the trial Court shall be at liberty to decide the case independently on the basis of the evidence to be available with the record. Ed. This Case is also Reported in: 56 DLR (2004) 355. ...... decide the case independently on the basis of the evidence to be available with the record. Ed. This Case is also Reported in: 56 DLR (2004) 355. ......the same day at about 7‑00 PM as a result of such injuries. Accused thereafter fled away. He then lodged the first information report. He proved the first information report as Exhibit 1 and his signature therein as Exhibit 1/1. 4. Pursuant to such first information report, the local police reg..Category: Criminal Law | Date: | Hits: 43
Masud Mia (Md.) Vs. State, 2003, 32 CLC (HCD)
.... Md. Masud Mia be set at liberty forthwith if not wanted in connection with any other case. Send down the lower Court's records at once. Ed. This Case is also Reported in: 56 DLR (2004) 352. ......ot wanted in connection with any other case. Send down the lower Court's records at once. Ed. This Case is also Reported in: 56 DLR (2004) 352. ...... 2. Broad facts relevant for the purpose of the case are that at about 8.00 PM on 15‑4‑1998 victim Mst. Arzina Khatun, aged about 13 years, went to their family latrine to respond to the call of nature when appellant Md. Masud Mia suddenly grabbed her and tied her mouth with a gamcha and forcib..Category: Criminal Law | Date: | Hits: 45
Hasna Banu Vs. Bangladesh and others, 2004, 33 CLC (HCD)
....d at the time of issue of the Rule on 9‑3‑1997 is hereby recalled and vacated. Send down the record at once. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 344. ......…………………Petitioner Vs. Bangladesh and others ………………..Opposite Parties Judgment May 8, 2004. Case Referred To- Shorna Mehta Vs. Rajani, 1 CWN 55. Lawyers involved: Md. Haroon‑ar Rashid, Advocate-For the Petitioner. Not represented- the Opposite P......t. Whether a 'Bargadar' is a tenant or servant that depends upon the agreement under which he held the land. In Shorna Mehta Vs. Rajani, 1 CWN 55 a 'Bargadar' was held to be a tenant. 15. When the nature of tenancy was recorded as 'Barga Korfa' the intention was very clear that it was not a simpl..Category: Property Law | Date: | Hits: 76
Saifuzzaman (Md.) Vs. State and others, 2003, 32 CLC (HCD)
....4730 of 2001 arising out of Tejgaon PS Case No. 98 dated 28‑12‑2001 are hereby set aside. The detenus are released of their bail bonds. Ed. This Case is also Reported in: 56 DLR (2004) 324. ...... 98 dated 28‑12‑2001 are hereby set aside. The detenus are released of their bail bonds. Ed. This Case is also Reported in: 56 DLR (2004) 324. ......s as laid down in sections 60 and 61 of the Code seem to design to secure that within not more than twenty-four hours of arrest a Magistrate shall have seisin of what is going on to apprise him the nature of the charge against the arrestee. If the reasonableness in the complaint or suspicion and c..Category: Criminal Law | Date: | Hits: 70
Harun‑or‑Rashid Vs. State, 2003, 32 CLC (HCD)
....f the prayer for bail of accused-appellant Harun be accordingly upheld. Copy be sent at once for information and guidance. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 318. ......cordingly upheld. Copy be sent at once for information and guidance. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 318. ......m date of receipt of the order dated 27‑11‑2002 of the High Court Division in Criminal Appeal No. 3161 of 2002, learned Assistant Attorney-General submits that said direction was not mandatory in nature, rather it was directory and, as such, non‑compliance of the same by Court below for any re..Category: Criminal Law | Date: | Hits: 72
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