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Zitu Ahsan alias Apon Vs. State, 2007, 36 CLC (HCD)
....t him of the said Ain. The appellant be set at liberty at once if not wanted in connection with any other case. Send down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 528.......t him of the said Ain. The appellant be set at liberty at once if not wanted in connection with any other case. Send down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 528.......ment for life and to pay a fine of Taka 5,000 in default to suffer more six months simple imprisonment. 2. Prosecution case as has been narrated by Lipi Akhter, daughter of Dr. Md. Aizuddin of village Gutiab Agarpara, Police Station Rupganj, District Narayanganj being, that informant lodged an fi..Category: Criminal Law | Date: | Hits: 44
Rahamatullah (Md) and another Vs. State, 2007, 36 CLC (HCD)
....receipt of the case records with notices to the contending parties. Send down the records along with the copy of the judgment immediately. Ed. This Case is also Reported in: 59 DLR (2007) 520.......d is below the age of 16 years, he is to be tried by the Juvenile Court and any other court assuming such jurisdiction would render the trial as void ab initio. The Speedy Trial Tribunal could not lawfully assume the jurisdiction as Juvenile Court since that would be contrary to law which is specifi......from school and after having his food, went out to play and met accused Md. Rahamatullah at "Kana Pukkur Morh" at Alangi; that accused Md. Rahamatullah called Mehadi Hasan Oni to go to Ranga Pota village which has been seen by Md Saifuddin, brother of complainant and thereafter Md. Kamal Hossain and..Category: Criminal Law | Date: | Hits: 32
Uzzal alias Elias Hossain Vs. State, 2006, 35 CLC (HCD)
....in and to be paid to the informant Abdul Mannan, the father of the victim, as compensation. Send down the lower Court records at once. Ed. This Case is also Reported in: 59 DLR (2007) 505.......ore, we do not consider the finding of injuries per se, rather we look to see whether the injuries are at ail material for the finding of rape. We note from the inquisition report that the victim was fully clothed at the time of the inquest and, therefore, it is expected that injuries on the lower a......e informant then went to see the parents and guardians of the accused persons and prayed for justice as well as the return of the photographs and negatives. They, however, rebuked him in abusive language, and commented that his daughter was of bad character. They neither gave him any satisfactory re..Category: Criminal Law | Date: | Hits: 35
Taju and others Vs. State, 2007, 36 CLC (HCD)
....learned Deputy Attorney-General further submits that the facts and circumstances of the instant case of rape of the victim Matiza Begum (PW 9) is well proved, though the prosecutrix, who admittedly a woman of unsound mind, did not implicate any of the appellants in her deposition. He contends that t...... The accused appellant Taju, son of Sona Miah, is discharged from his bail bond. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 499. ......, in short, is that the informant Sabuj Miah lodged the first information report with Raypura Police Station Narsingdi on 22-12-2000 at about 3-00 PM to the effect that on 20-12-2000 taking advantage of his absence from home the accused persons named in the first information report enticed and k..Category: Criminal Law | Date: | Hits: 42
Tuta Pramanik (Md) Vs. State, 2007, 36 CLC (HCD)
....is set at liberty forthwith, if he is not wanted in connection with any other case. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 492.......s that if she would have been examined as a witness then only it could have been possible to unearth the truth of keeping the arms and ammunition in question from where it was recovered. By putting full emphasis on the above argument the learned Advocate submits that this is a fit case where the a......nd Bulbuli was also made an accused who was subsequently discharged by the Tribunal at the time of framing of charge but surprisingly, she was not made a witness of the case causing a serious miscarriage of justice. The learned Counsel further contends that if she would have been examined as a witne..Category: Criminal Law | Date: | Hits: 42
Superintendent Engineer, PWD & another Vs. A Mahiuddin and others, 2007, 36 CLC (HCD)
....e and the judgment and decree dated 4-3-2002 passed by the learned Joint District Judge, is hereby affirmed. Send down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 476. ...... impugned judgment and decree, not only committed an error of law but also caused failure of justice by recommending renewal of lease discarding the development scheme of the petitioners. We have carefully gone through the cited decisions and we find that the facts and circumstances of the present c......e and the judgment and decree dated 4-3-2002 passed by the learned Joint District Judge, is hereby affirmed. Send down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 476. ..Category: Property Law | Date: | Hits: 28
Mark Builders Limited Vs. Commissioner of Taxes, 2007, 36 CLC (HCD)
....r observations. Let a copy of this order be also sent to the Chairman of the National Board of Revenue for guidance and proper action. Ed. This Case is also Reported in: 59 DLR (2007) 463.......r observations. Let a copy of this order be also sent to the Chairman of the National Board of Revenue for guidance and proper action. Ed. This Case is also Reported in: 59 DLR (2007) 463.......nt. Reference Application No. 266 of 2002. Judgment Md. Abdur Rashid J.- The facts upon which the above reference was presented in short, are, that the applicant was a limited company and engaged in the business of construction. It submitted income tax return as company for the assessment y..Category: Fiscal/Taxation Law | Date: | Hits: 99
....y Nos. 3 and 4 are directed to release the victim Nazma Akhter from "Nirapad Abason Kendra" under Shamaj Sheba Adhidaptar, Barisal at once.
Ed.
This Case is also Reported in: 59 DLR (2007) 447.
......y Nos. 3 and 4 are directed to release the victim Nazma Akhter from "Nirapad Abason Kendra" under Shamaj Sheba Adhidaptar, Barisal at once.
Ed.
This Case is also Reported in: 59 DLR (2007) 447.
......er of the detenu namely, Mst. Taslima Begum as informant lodged a first information report on 14-7-2000 against the accused Uttam Debanath and others on the allegation that her daughter Nazma Akhter, aged 14 years, developed love affair with the accused Uttam Debanath, that on 16-1-2000 Uttam Deba..
Category: Criminal Law | Date: | Hits: 41
Md. Ali Vs. State, 2007, 36 CLC (HCD)
....e thereunder. Said convict accused Lokman Hossair be treated to be at liberty if not connected with any other case. Records be sent down. Ed. This Case is also Reported in: 59 DLR (2007) 441.......In such regard learned Advocate refers to the decision in the case of Asimon Begum vs. State reported in 1999 BLD (AD) 119 = 57 DLR (AD) 18 wherein it was held as below— When it is found after a full trial that there was a mistrial or trial without jurisdiction, the Court of appeal before direc......it cannot be said that PWs 1-3 proved the case fully corroborating each other at the trial. This being the prosecution evidence adduced at the first trial, direction for fresh trial cannot be encouraged as it will create scope for the prosecution to fill up the lacuna by examining left out witness..Category: Criminal Law | Date: | Hits: 30
New Zealand Milk Brands Ltd. Vs. Unilac Sanowara (BD) Ltd. & ors., 2005, 34 CLC (HCD)
.... 7-8-2004 is directed to be returned to the learned Advocate for the petitioner. Send down the Records of the Registrar at once. Ed. This Case is also Reported in: 59 DLR (2007) 424. ......mere assignee, and therefore, has no locus standi to file the present application. It is also contended that the opposite party No. 1 obtained the registration of its trademark on 28-11-1999 with the full consent of Unilac, which holds 49% of the shares in the opposite party No. 1 Company. It is fur......etitioner") is the successor- in-interest of Unilac Australia Pty. Ltd. (hereinafter referred to as "Unilac Australia") and Bonlac Foods Ltd. ("Bonlac"). The last mentioned two companies have been engaged n the business of manufacturing, importing and marketing of powder milk, butter oil, condensed ..Category: Intellectual Property Law | Date: | Hits: 187
Monir Hossain alias Monir Vs. State, 2007, 36 CLC (HCD)
....ellant when she was returning home front her school. Before this she complained to the Head Master of the school about the bad behaviour of the appellant several times. She stated that she is married woman and willing to go to her husband's house and also stated that she resisted the appellant at th......Barguna in Nari-o-Shishu Nirjatan Daman Case No. 31 of 2000 is hereby affirmed. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 416. ......pi, the victim (PW 2) was returning home from the school, the accused appellant along with other accused persons being armed with deadly weapons, abducted her for the purpose of rape or forceful marriage against her will and took her to the house of one Kanchan Ali Fakir where from the victim was re..Category: Criminal Law | Date: | Hits: 33
Mahbub-ur-Rahman Chowdhury Vs. DG, Bureau of Anti-Corruption and others , 2007, 36 CLC (HCD)
....49-102-5092 and has been submitting return in each and every year and paid income tax to the government regularly. 4. The wife of the petitioner namely, Mrs. Muslim-ara-Chowdhury is also a businesswoman who is the owner of Ms. Pavel Corporation at Club Road situated at Patiya town, Chittagong and......as an Assistant Sub-Inspector in the Office of the Director of Security of the Chittagong Port Authority, Chittagong. The petitioner joined on 2-7-1981 and has been working for last 17 years with the full satisfaction of the superior officers and the authority concerned. The petitioner was a freedom...... In the result, the Rule is discharged without any order as to the cost. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 59 DLR (2007) 403. ..Category: Anti-Corruption Laws | Date: | Hits: 150
Ratan Sarder and others Vs. Bishai Bepari and others, 2009, 38 CLC (AD)
....vocate for the appellants and as such, find no merit in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VII ADC (2010) 788. ......vocate for the appellants and as such, find no merit in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VII ADC (2010) 788. ......re of the total quantum of land measuring 3.73 acres appertaining to S.A. Khatian number 45 under Badarpur Mouza of Gournadi, District-Barisal and he died in the month of Baishakh, 1371 B.S. at the age of 92 years leaving behind two sons namely, Abdul Aziz and Abdul Mazid and five daughters named ..Category: Property Law | Date: | Hits: 28
Shahjahan Ali (Md.) @ Md. Shahjahan Vs. State, 2007, 36 CLC (HCD)
....m. Then Rana went to search his mother but came back in vain without getting her and had his sleep keeping the door open. On the following morning at 7-30 AM one Mannaf informed that a dead body of a woman was lying in front of the house of Taher Shaheb. Informant's daughter Sadia Sultana went to th...... করে আজ স্বেচ্ছায় জবানবন্দি দিলাম ।" 11. From above confession it transpires that accused Shahjahan made confessional statement being fully aware of its consequence and his repentance led him to make the confession as he killed the mo......of Sharifa Khatun and found injuries caused by heavy sharp cutting weapon like chapati as shown to him by the learned defence lawyer. In his opinion, death of victim Sharifa Khatun was due to haemorrhage and shock as a result of injuries which were ante-mortem and homicidal in nature and the post mo..Category: Criminal Law | Date: | Hits: 29
Abdul Mannan Sheikh (Md) Vs. Soleman Bewa and others, 2007, 36 CLC (HCD)
....vacated. Send down the lower Court's record at once with a copy of the judgment for information and taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 392. ......az dated 19-3-1984 on receiving a Holy-Quran and delivered the possession thereon and distributed other properties to other heirs; that the defendant never took her to Naogaon Hospital rather she willfully executed the deed. 5. On the pleadings the different issues were settled including the ......ty Nos. 1, 2, 4, 9-11, opposes the Rule and submits that after knowing about the fraudulent deed, the plaintiff instituted the suit within time. He adds that, there is no evidence that the plaintiff, aged about 82 years, after receiving the Holy Quran consciously executed the deed and delivered the ..Category: Property Law | Date: | Hits: 26
Jakir Hossain Vs. Jel Vanu, 2005, 34 CLC (HCD)
..... 25 of 2003 are hereby set aside. There is no order as to costs. Send down the Lower Court Records at once. Ed. This Case is also Reported in: 59 DLR (2007) 340, 26 BLD (HCD) (2006) 98. ...... plaintiff having executed and registered the Kabala dated 51-1991 for a consideration of Taka 20,000 and handed over possession of the suit property, he has since been possessing the same with her full knowledge. The defendant No. 1 contended further that the plaintiffs father being resident far ......mother of one daughter defendant No. 2 and one son A Barek. The plaintiffs husband Hosen Ali remarried upon deserting his family. While the son Barek lived in Dhaka after initially living in an orphanage, the defendant No. 2 was given in marriage to the defendant No. 1 It is the plaintiff's case tha..Category: Property Law | Date: | Hits: 32
Mobarak Hossain alias Jewel Vs. State, 2000, 29 CLC (HCD)
....e. We therefore find that the Rule merits no consideration and, as such, it should be discharged. In the result, the Rule is discharged. Ed. This Case is also Reported in: 54 DLR (2002) 135. ......e. We therefore find that the Rule merits no consideration and, as such, it should be discharged. In the result, the Rule is discharged. Ed. This Case is also Reported in: 54 DLR (2002) 135. ......cused recorded under section 164 of the Code of Criminal Procedure. If the answer is no, he has no right to have the copy asked for, reason being that the instant case is still at the investigation stage and the police report under section 173 CrPC is yet to be submitted and till that stage is reach..Category: Criminal Law | Date: | Hits: 25
Naimuddin and another Vs. State, 2007, 36 CLC (HCD)
....dpur Bihari colony, to Hilli border through Syedpur, their transfer to absconding accused to receive them back from him at Rangpur, BDR not detaining them with the accuseds and that she is antisocial woman. 11. PW 2 Shimu stated that on 13-5-1997 around 5'0 clock accused Naim and Rina brought......para 100 yards to the east of boundary pillar of Indian border. On interrogation of the informant and force of BDR the victims narrated to them in presence of witnesses that they were taken there tactfully by accuseds Naimuddin and Zahangir Alam and their associates from different places by alluring...... he denied that accuseds or the victims did not tell anything implicating him. On cross-examination on behalf of the appellants, he stated that the place of occurrence was in the middle of village Fakirpara and Dharanda 100 yards away from the border, Hilli railway station was 1 kilometre and..Category: Criminal Law | Date: | Hits: 84
AKM Shamsuddin Vs. Secretary, Ministry of Establishment and others, 2007, 36 CLC (HCD)
....ny merit in this Rule. In the result the Rule is discharged without any order as to cost. Communicate the order at once. Ed. This Case is also Reported in: 59 DLR (2007) 312. ......ny merit in this Rule. In the result the Rule is discharged without any order as to cost. Communicate the order at once. Ed. This Case is also Reported in: 59 DLR (2007) 312. ......tional SP, SR, Additional DIG, DIG, etc. Lastly, he was appointed as Additional Inspector General of Police (In-charge) of the Special Branch of Bangladesh Police. On January 24, 2001, he reached the age of 57 years and went on LPR. Thereafter, the Government offered him to continue his service afte..Category: Employment/Service Law | Date: | Hits: 76
Eskayef Bangladesh Ltd. Vs. Commissioner of Taxes, 2004, 33 CLC (HCD)
....and against the Department but other costs mentioned in the said question are answered in the affirmative. No order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 308. ......hough the DCT disallowed the expenditure on some heads of the accounts, yet the Commissioner of Taxes (Appeals) as well as the Appellate Tribunal after considering the materials on record almost gave full relief to the assessee and the disallowances which have been affirmed by the Tribunal were done......lowed the appeal in part deleting the disallowances made under the head (a) Automobile expenses, (b) Printing and Stationery expenses (c) Medical expenses, (d) Uniform and Clearing expenses, (e) Carriage outward and also reducing the order disallowances from other heads. It also deleted the disallow..Category: Fiscal/Taxation Law | Date: | Hits: 64
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