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State Vs. Ershad Ali Sikder and others, 2003, 32 CLC (HCD)
....2000 so far Ayub Munshi alias Ayub Ali Khan is concerned is set aside. Lower court's record be sent down as immediate as possible. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 305. ...... concerned is set aside. Lower court's record be sent down as immediate as possible. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 305. ......9. For corroborative evidence Court "lust took at the broad spectrum of the approver's version and then find out whether there is other evidence to corroborate and lend assurance to that version. The nature and extent of such corroboration may depend upon the facts of different cases. Corroboration ..Category: Criminal Law | Date: | Hits: 69
Shibu Pada Acharjee Vs. State, 2003, 32 CLC (HCD)
....neral of Police, Police Head Quarter, Dhaka IV. Superintendent of Police, Comilla. Lower Court's Record be sent down immediately. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 285....... IV. Superintendent of Police, Comilla. Lower Court's Record be sent down immediately. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 285....... and is violative of victim's most cherished Fundamental Right that is Right to Life enshrined in Article 32 of The Constitution oil' the People's Republic of Bangladesh. 2. An intensely appalling nature of a case tabled by prosecution and accepted by Special Tribunal No. 8, Comilla, the same bei..Category: Criminal Law | Date: | Hits: 64
Abu Talukder Vs. State, 1999, 28 CLC (HCD)
....u Talukder be set at liberty forthwith, if not wanted in connection with any other case. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 188....... wanted in connection with any other case. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 188.......ia Hospital at the relevant time. On 13-7-87 he examined injured Surat Ali Master and Minara Begum and found injuries on their persons. He described the injury on the chest of Swat Alias grievous in nature. 8. PW 2 is the constable who escorted the dead body of Mobfer Talukder to the morgue for ..Category: Criminal Law | Date: | Hits: 52
Shahid Malongi (Md) and another Vs. State, 2004, 33 CLC (HCD)
....lined to grant bail to the appellant. In the result the appeal is dismissed. The order of the court below is upheld. Ed. This Case is also Reported in: 56 DLR (HCD) (2004)279. ......sult the appeal is dismissed. The order of the court below is upheld. Ed. This Case is also Reported in: 56 DLR (HCD) (2004)279. ...... of the opinion that application filed by the informant praying for considering the bail of the accused is of no consequence in law in granting or refusing, the prayer for bail. In view of the nature of allegations we are not inclined to grant bail to the appellant. In the result the a..Category: Criminal Law | Date: | Hits: 43
Saiduzzaman (Md) (Mithu) and another Vs. Munira Mostafa and another, 2004, 33 CLC (HCD)
....ceed with accordance with the law. Communicate a copy of judgment and order of the concerned Magistrate court immediately. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 274. ......a copy of judgment and order of the concerned Magistrate court immediately. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 274. ......scene objects, etc are suspected to have been kept. There is no allegation in the four corners of the petition of complaint that any of the property belonging to the complainant was stolen or of such nature. Even if it is conceded that the Facts disclosed in the complaint are true and the properties..Category: Criminal Law | Date: | Hits: 49
....ant No.7 are declared to be illegal, collusive, without jurisdiction, mala fide and of no legal effect.
Send down the LCR at once.
Ed.
This Case is also Reported in: 56 DLR (HCD) (2004) 269.
......, without jurisdiction, mala fide and of no legal effect.
Send down the LCR at once.
Ed.
This Case is also Reported in: 56 DLR (HCD) (2004) 269.
......ning. In the factory, all sorts of iron products and steel body of bus, minibus, truck, scooter, van, etc were made. Then, the plaintiff received another letter dated 12-10‑94 issued under the signature of defendant No.4 cancelling his lease. On 9‑11‑94 he unsuccessfully saw defendant No.3. ..
Category: Property Law | Date: | Hits: 73
Shafiqul Islam Shimul (Md) Vs. Bangladesh, 2003, 32 CLC (HCD)
..... 478923 and 100 bullets by the respondent No.5 are declared to have been made without lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 239. ......clared to have been made without lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 239. ......on seems to be that in order to ensure the "elementary and essential principles of fairness", as a matter of necessary implication, the person sought to be affected must at least be made aware of the nature of the allegations against him, he should be given a fair opportunity to make any relevant st..Category: Criminal Law | Date: | Hits: 63
State Vs. Shah Alam, 2003, 32 CLC (HCD)
.... is accordingly, directed to shift the condemned prisoner from the condemned cell to some other cell meant for the convict prisoners. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 232. ......ed prisoner from the condemned cell to some other cell meant for the convict prisoners. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 232. ...... Bazar. He then came to the place of occurrence and found Jannati dead. He also found the arm of deceased broken. The inquest was held on the dead body in his presence by the police and he put his signature in the inquest report. This witness also signed the seizure list, Exhibit 3. 12. PW6 Rowsh..Category: Criminal Law | Date: | Hits: 54
M/S. OK International Vs. Commissioner of Customs & others, 2009, 38 CLC (AD)
....sed. However the authority concerned may consider to give benefit if any to the appellant under the registration scheme. This Case is also Reported in: 16 MLR (AD) (2011) 83, 63 DLR (AD) (2011) 122....... the appellant under the registration scheme. This Case is also Reported in: 16 MLR (AD) (2011) 83, 63 DLR (AD) (2011) 122.......t 33 and therefore this proviso added to notification No.42 has no manner of application in the present cases. 12. It is true that explanatory and declaratory acts or statutes are retrospective in nature and Mr. A.F. Hassan Arif, learned Counsel rightly argued that curative statutes are by their ..Category: Fiscal/Taxation Law | Date: | Hits: 86
Chand Mia and others Vs. MA Rajput Ghosh Bahadur & others, 2002, 31 CLC (HCD)
.... to the plaint and corresponding correction to the decree in Title Suit No. 2 of 1959 as prayed for. There is no order as to cost. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 221. ......l application under section 115(1) of the Code of Civil Procedure, the petitioner challenges the judgment and order No. 19 dated 1‑6‑1994 passed by the Senior Assistant Judge, Nesarabad, Pirojpur in Title Suit No. 2 of 1959 in the Court of Assistant Judge, Nesarabad, District Pirojpur rejecting ...... case, the application for correction was rejected by SCC Judge on the ground that the Court was functus officio. However, the Appellate Division held that: "The amendment sought being of a formal nature, it falls within sections 151, 152 & 153 of the Code of Civil Procedure which the Court c..Category: Property Law | Date: | Hits: 61
State Vs. Ershad Ali Sikder and others, 2004, 33 CLC (AD)
....s of sections 337 and 338 of the Code of Criminal Procedure have not been complied with. He further submits that the statement of PW2 on the basis of which he has been granted pardon is a purely self-exculpatory statement and in that view of the matter, the learned Additional Sessions Judge has comm......wanted in connection with any other case. Send down the lower court records at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 185. ......PW19), Ferdous Alam Faraji (PW28), Md. Mosharref Hossain (PW8) and Md. Asgar Hossain (PW9) are witnesses of circumstantial evidence. 7. PW1 proves the first information report Exhibit I and his signature Exhibit 1/1. His evidence has been narrated above. In cross-examination, he stated that he ..Category: Criminal Law | Date: | Hits: 110
Babul Sikder and others Vs. State represented by the DC, 2003, 32 CLC (HCD)
....kerganj) in respect of accused‑appellant Babul Sikder is maintained. Lower Court's Record be sent down as immediate as possible. Ed. This Case is also Reported in: 56 DLR (HCD) (2004)174. ......ul Sikder is maintained. Lower Court's Record be sent down as immediate as possible. Ed. This Case is also Reported in: 56 DLR (HCD) (2004)174. ....... Death, in his opinion, was due to shock & hemorrhage as a result of injures mentioned above, which was caused by firearms like revolver, pistol, etc. and it was antemortem & homicidal in nature." PW4 proved inquires on the body of deceased Ismail Kha. 17. PW5 Obaidul Islam alias S..Category: Criminal Law | Date: | Hits: 54
Salahuddin Talukder (Md) Vs. Government of the People's Republic of Bangladesh, 2002, 31 CLC (HCD)
....r, Appraiser and others so far relates to the petitioner is hereby declared to have been passed without any lawful authority. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 161. ......reby declared to have been passed without any lawful authority. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 161. ......rvice terms and conditions under Article 133 of the Constitution (vide Annexure‑'C' to the writ petition) that the post of Appraisers and Inspectors are distinct and separate from each other. Their nature of duty and functions are different. These posts cannot be grouped together in two categories..Category: Employment/Service Law | Date: | Hits: 116
Ocean Containers Ltd. Vs. Government of Bangladesh and others, 2002, 31 CLC (HCD)
....id SRO are illegal and without jurisdiction. In the result, the Rule is made absolute for the above reasons without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 250.......result, the Rule is made absolute for the above reasons without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 250.......mercial operation, was of no avail to it. 3. The government acting through its Ministry of Finance and the NBR appeared and contested the Rule by filing affidavit-in-opposition contending that the nature of business as carried on by the petitioner company could not be considered as providing phys..Category: Fiscal/Taxation Law | Date: | Hits: 86
Patwary Rafiquddin Haider Vs. State and another, 2002, 31 CLC (HCD)
....udgment. The question posed is answered accordingly. The Rule arising out of a petition for Anticipatory Bail, thus stands disposed of. Ed. This Case is also Reported in: 55 DLR (2003) 241.......rdingly. The Rule arising out of a petition for Anticipatory Bail, thus stands disposed of. Ed. This Case is also Reported in: 55 DLR (2003) 241.......e petitioner must, however remain physically present in court before his application for bail can be entertained. Ordinarily when a person is wanted in connection with a non-bailable offence of grave nature be is not entitled to anticipatory bail. All persons charged with non-bailable offences must ..Category: Criminal Law | Date: | Hits: 79
Abdul Ahad @ Md. Abdul Ahad Vs. State, 2000, 29 CLC (HCD)
....86 pending in the Court of Upazila Magistrate, Jagannathpur, District Sunamganj are quashed. The Rule is accordingly, made absolute. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 379.......Jagannathpur, District Sunamganj are quashed. The Rule is accordingly, made absolute. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 379.......elf is the public servant whose order has been alleged to have been disobeyed by accused and therefore it was obligatory on the part of the learned Magistrate to make a written complaint alleging the nature of the order made by him which was alleged to have been disobeyed by accused and the manner o..Category: Criminal Law | Date: | Hits: 57
Commissioner of Taxes Vs. Bangladesh Rural Advancement Committee (BRAC), 1999, 28 CLC (HCD)
....estions put to us in the reference applications are in the affirmative. These two Reference Applications are accordingly disposed of. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 152. ......irmative. These two Reference Applications are accordingly disposed of. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 152. ......Judgment Mahmudul Amin Choudhury J. - These two reference, applications have been filed by the Revenue under section 160 of the Income Tax Ordinance, 1984 which arose out of two orders of the same nature in respect of ITA No. 55 of 1994-95 for the assessment year 1989-90 and ITA No. 552 of 1994-9..Category: Fiscal/Taxation Law | Date: | Hits: 99
Mazharul Haque Qureishi Vs. Giridhari Rishi and others, 1998, 27 CLC (HCD)
....In the result, the Rule is discharged without any order as to costs. The order of stay earlier granted by this Court stands vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 149....... Mazharul Haque Qureishi ……………….Petitioner Vs. Giridhari Rishi and others…………………Opposite Parties Judgment July 11, 1998. Cases Referred to- Sakhawat Hossain vs. Chowdhury Muhammad Sarwar and another, PLD (Dhaka) 1968 at page 557; Faziul Khan vs. Agrani B......nvolved in the two suits are not directly and substantially the same. The learned Assistant Judge further found that the parties to the two suits are also different and the two suits are of different nature, one being a simple suit for partition and the other one being for a declaration that the dis..Category: Property Law | Date: | Hits: 57
Islamic Foundation Bangladesh Vs. Firoz Alam and others, 1997, 26 CLC (HCD)
....1-11-1995 passed by this Court staying the operation of the impugned judgment and decree passed by the trial Court is hereby vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 141. ......Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 141. ......st of the world as it is a judgment in rem as distinguished from the judgment in personam. 14. Section 42 of the Evidence Act says that a judgment is relevant if it relates to any matter of public nature but it is not a conclusive proof of the fact it states. 15. Section 43 of the Evidence Act..Category: Property Law | Date: | Hits: 116
Mukit and others Vs. State, 2011, 40 CLC (AD)
....in be set at liberty at once if not wanted to connection with any other case. This Case is also Reported in: 8 LG (AD) (2011) 17, 16 MLR (AD) (2011) 86, VIII ADC (2011) 238, 31 BLD (AD) (2011) 56. ...... connection with any other case. This Case is also Reported in: 8 LG (AD) (2011) 17, 16 MLR (AD) (2011) 86, VIII ADC (2011) 238, 31 BLD (AD) (2011) 56. ......a member of unlawful assembly, that in prosecution of the common object of that assembly, an offence should be committed by a member of that unlawful assembly and that the offence should be of such a nature that the member of that assembly knew the offence likely to be committed in prosecution of ..Category: Criminal Law | Date: | Hits: 49
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