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State Vs. Ashraf Ali and others, 2009, 38 CLC (HCD)
.... alias Ripon and Abdul Jalil alias Shimul. Send down the lower Court record at once. Mashuque Hosain Ahmed J.-I agree. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 310. ...... prior or after the statement of accused Ashraf before the Magistrate. He along with 15/20 others apprehended Ashraf and thereafter Ashraf was taken to the college field. Matinur Rahman was there but principle, Azizur Rahman, Abdul Jabber and Ferdosi Begum were not there. He told the said fact to Da......Jail Appeal No.770 of 2005. Judgment M. Enayetur Rahim J.- This reference under section 374 of the Code of Criminal Procedure has been made by the learned Judge, Druta Bichar Tribunal, Rajshahi for confirmation of sentence of death imposed upon accused Ashraf Ali son of late Abesh Ali, Ataur R...... alias Ripon and Abdul Jalil alias Shimul. Send down the lower Court record at once. Mashuque Hosain Ahmed J.-I agree. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 310. ..Category: Criminal Law | Date: | Hits: 82
....answer the question Nos. 4 and 5 in the affirmative and against the assessee.
The parties are left to bear their respective costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 510.
......answer the question Nos. 4 and 5 in the affirmative and against the assessee.
The parties are left to bear their respective costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 510.
......160(1) of the Income Tax Ordinance, 1984 the assessee has raised as many as five questions said to have arisen out of the order of the Taxes Appellate Tribunal relating to assessment year 1973‑74 for our decision. Questions 1‑3 relate to claim of depreciation claimed under section 10(2)(vi) of......lows:
"(I) Whether the Tribunal could have gone into the settled question of depreciation allowed to the applicant by the Deputy Commissioner of Taxes while considering an appeal against arbitrary determination of the value of the assets by the Deputy Commissioner in allowing the depreciation und..
Category: Fiscal/Taxation Law | Date: | Hits: 139
State Vs. Sree Ram Krisna Nath (Ram Babu) and another, 2011, 40 CLC (AD)
....ompliance of the Court’s order. Let a copy of this judgment alongwith all the records be transmitted also to the Court of Cognizance Magistrate, Chittagong. Ed. This Case is also Reported in: ......ersons after acceptance of final report is permissible. Therefore, the High Court Division erred in law in quashing the proceedings arising out of the second FIR. He also submits that it is a settled principle of law that a proceeding cannot be quashed under section 561A of the Code of Criminal Proc......ow pending in the Court of Chief Metropolitan Magistrate, Chittagong. 2. Facts of the case, in brief, are as follows: On 11.08.2004 at 3.40 p.m. the District Task Force upon receiving secret information raided the Jewellery Shop called “Nath Jewellers” owned by Sree Ram Krisna Nath (Ram B......t be quashed under section 561A of the Code of Criminal Procedure before taking cognizance and it is a settled principle of law that when an offence is disclosed in the FIR there is no scope to avoid determination of the allegation disclosed in the FIR after taking evidence. Hence, the High Court Di..Category: Criminal Law | Date: | Hits: 83
Saijuddin Molla Vs. Abdur Rahman and others, 2011, 40 CLC (HCD)
....n Pre-emption Miscellaneous Case No.21 of 2003 is set-aside. Let a copy of this judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: ......(i) the pre-emption case is hopelessly barred by law of limitation inasmuch as the pre-emptor had the knowledge of the sale from the very beginning of the sale, (ii) the pre-emption case is barred by principle of estoppels, waiver and acquiescence and (iii) the case is also bad for defect of parties......e party as pre-emptor-applicant filed Miscellaneous (Pre-emption) Case No.21 of 2003 under section 96 of the State Acquisition and Tenancy Act in the Court of Senior Assistant Judge, Sadar, Manikganj for pre-empting the case land as described in the application stating that he was a co-sharer to the......n Pre-emption Miscellaneous Case No.21 of 2003 is set-aside. Let a copy of this judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 62
Nurul Islam Vs. Morshedul Alam and Others, 2011, 40 CLC (AD)
....ce with the impugned judgment and decree. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD)(2012) 3, 32 BLD (AD) (2012) 25. ......edecessors were not parties to the suit in which the judgment, Exhibit-(M-2) was passed and as such, the said judgment cannot operate as res judicata. Section 44 of the Evidence Act provides that the principle of res judicata will not be attracted when it is proved that the earlier judgment was obta......The said suit land was, of course, acquired by Md. Putan in benami of his son Ali Hossain on 01.02.1901 but he was the real ostensible owner of the suit land as it was acquired with his own money and for his own benefit. After sometime, landlord Fazal Kabir Khan forcibly dispossessed Md. Putan from ......ce with the impugned judgment and decree. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD)(2012) 3, 32 BLD (AD) (2012) 25. ..Category: Property Law | Date: | Hits: 116
Principal, Fulbaria College, Mymensingh Vs. Md. Helaluddin and Others, 2010, 39 CLC (AD)
.... The appeal is, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 11, 16 MLR (AD) (2011) 380, 8 LG (AD) (2011) 155, VIII ADC (2011) 941. ...... is not final and it may be rectified at any time by the authority if improper withdrawal is detected later on. This undertaking disentitled the writ petitioner from claiming his higher salary by the principles of promissory estoppel since he had enjoyed the higher scale which he was not legally ent...... respondent No.1, (writ petitioner) a teacher of Fulbaria College, Mymensingh instituted Writ Petition No.3746 of 2003 in the High Court Division seeking a declaration to the effect that the decision for demotion of the writ petitioner by the writ respondents to the post of lecturer from the post of......hout any sanction of law. 5. Now the only question is whether the writ petitioner was legally entitled to a show cause notice before taking action against him. The answer to this point rests upon determination of two points, firstly, whether the writ petitioner was legally promoted as Assistant ..Category: Employment/Service Law | Date: | Hits: 204
Professor Golam Azam Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)
..... 153. I, therefore, having agreed with the Judgment delivered by BI Chowdhury, J make the Rule absolute. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 423. ......hat the impugned notification under Article 3 of PO 149 of 1972 having been made without giving any opportunity to the petitioner to explain his position the same was bad in law being contrary to the principle of natural justice. The learned Advocate has further contended that Article 3 of PO 149 of...... University Students Union wherein he played a very vital role in the Bengali Language Movement and as the General Secretary of the Dhaka University Students Union; the petitioner read a memorandum before the then Prime Minister of Pakistan on the 27th of November, 1948 at the Gymnasium ground of th......the Citizenship Act, 1951 must yield to the provisions of PO 49 of 1972. In other words, the provisions of PO 149 of 1972 will prevail upon the provisions of the Citizenship Act, 1951 in the field of determination of citizenship of every person in Bangladesh. 17. Moreover Article 2 of PO 149 of 1..Category: Immigration and Citizenship Law | Date: | Hits: 343
Safar Ali Miah & others Vs. Badsha @ Siddique & others, 1993, 22 CLC (HCD)
....ned is directed to proceed with the execution case. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 483. ......ned is directed to proceed with the execution case. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 483. ......ammad Ismailuddin Sarker J.- This revision case has come to this Bench upon a reference by a learned Single Judge to decide whether, in the event of violation, a decree of prohibitory injunction is enforceable in an execution case for reliefs provided in Order XXI rule 32(1) of the Code of Civil Pro......) of the Code and he has referred to the case of State of Bihar Vs. Rani Sonabati Kumari reported in 1964 AIR (SC) 61 in support of his contention. 10. As has been mentioned above the question for determination is whether in the event of violation of a decree for prohibitory injunction the decree..Category: Civil Law | Date: | Hits: 100
Habibullah (Md.) and others Vs. Bangladesh and others, 2007, 36 CLC (HCD)
.... In light of the above, this Court finds substance in the Rule. In the result, the Rule is made absolute. There is no order as to costs. Ed. This Case is also Reported in: 16 BLC (2011) 794. ......hittled down by any device. It cannot be even accepted that an acquisition proceeding may be started without any agreement, but if a subsequent agreement is reached then it amounts to validation. The principle of subsequent validation cannot be entertained in a matter where the prop rights of the ci......ed in the schedules to the notices issued to the Petitioners namely, 6.73 acres of land within Mouza-Ati, Siddirganj as situated on the southern side of the Dhaka-Chittagong Highway and as proposed for acquisition for the Dhaka Reporters Unit Multipurpose Society Limited for a periods of 4 (four) ...... In light of the above, this Court finds substance in the Rule. In the result, the Rule is made absolute. There is no order as to costs. Ed. This Case is also Reported in: 16 BLC (2011) 794. ..Category: Property Law | Date: | Hits: 104
Government of Bangladesh Vs. M Anwar Hossain and others, 2011, 40 CLC (AD)
....judgment of the High Court Division is set aside. These petitions are disposed of with the above observations. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 155, VIII ADC (2011) 901. ......judgment of the High Court Division is set aside. These petitions are disposed of with the above observations. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 155, VIII ADC (2011) 901. ......lam, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record—For Respondent No.1 (In all the cases) None Represented—For Respondent Nos.2-5. (In all the cases) Civil Petition for Leave to Appeal Nos.1718 & 2686 of 2010 and 869 of 2011. (From the judgment and order dated 1...... petitioners to mutate the names of the writ-petitioners in the record-of-rights in failing to consider that their application for mutation has not been disposed of in accordance with law and pending determination of the matter, the High Court Division cannot give such direction. 6. Mr. AFM Mesba..Category: Property Law | Date: | Hits: 68
Sanwar Hossain Vs. State, 1993, 22 CLC (HCD)
.... Let a copy of this judgment be forwarded to the Additional Sessions Judge, Narayanganj, for necessary action in accordance with law. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 489.......e crime but the abscondance of an accused cannot be treated to be corroboration of the confessional statement of another accused so as to base thereon conviction of the absconding accused. 39. The principle laid down in that case cannot be applied in the instant case before us inasmuch as none of......riminal Revision No.1252(R) of 1992. Judgment Md. Badruzzaman J.- This Reference under section 374 of the Code of Criminal Procedure has been made by the Additional Sessions Judge, Narayanganj, for confirmation of the sentence of death imposed upon absconding accused Sanwar Hossain on his conv...... particularly injury No.1 found on the dead body, we find that Khasru Miah was murdered by cutting his throat and separating the head from the trunk of the body. 16. The only point which calls for determination is whether Sanwar Hossain and the six accused appellants, in furtherance of their comm..Category: Criminal Law | Date: | Hits: 91
Renu Begum Vs. Khandokar Enamul Mowla and others, 2011, 40 CLC (HCD)
....uit is set aside and thus, the suit is hereby decreed. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 BLC (2011) 791. ......ding of the Court of appeal below that one witness is not sufficient to prove the baina patra in question appears to be perverse being contrary to section 134 of the Evidence Act and well established principles of law. Mr. Zafar Ali Khan, the learned Advocate for the defendant-opposite parties has f......ing the suit should not be set aside. 2. The fact of the case in-short is that, the petitioner as plaintiff instituted Title Suit No.169 of 2003 in the Court of Senior Assistant Judge, Savar Dhaka for specific performance of contract for sale of the suit land impleading the opposite party Nos.1-3......uit is set aside and thus, the suit is hereby decreed. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 BLC (2011) 791. ..Category: Property Law | Date: | Hits: 74
Helm Dungemittel Gmbh Vs. BCIC and another, 2009, 38 CLC (HCD)
....f any order to have been made by this Court in conjunction with the Arbitration Application No.1 of 2007. There is no order as to costs. Ed. This Case is also Reported in: 16 BLC (2011) 783. ......t the Courts are in general rather reluctant to interfere with payments against performance guarantees which are furnished to secure commercial transactions and that this is predicated on the settled principle of law that no prohibitive order can be passed by the Courts to interfere either with norm......ies to these Application elicited at various stages of the arbitration process from its very initiation through to the making of an arbitral award by an Arbitration Tribunal ("Tribunal"). While, therefore, Arbitration No.1 of 2007 arises as a section 7(Ka) application for an Order of Interim injun......f any order to have been made by this Court in conjunction with the Arbitration Application No.1 of 2007. There is no order as to costs. Ed. This Case is also Reported in: 16 BLC (2011) 783. ..Category: Alternative Dispute Resolution | Date: | Hits: 172
Bangladesh Vs. Md. Ataur Rahman and others, 2011, 40 CLC (AD)
....il, 2011 and thereafter the respondent shall file the same within 17th April, 2011. The appeal is fixed for hearing on 26th April, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 415. ......contemplated, recognized and dealt with at different places and under different Articles of the Constitution, as were deemed appropriate by the framers of the Constitution keeping in mind the broad principles of separation of powers in the scheme of the Constitution. 6. Nowhere in the Constitut......kanuddin Mahmud, Senior Advocate and Md. Asaduzzaman, Advocate), instructed by Syed Mahbubur Rahman, Advocate-on-Record-For Respondent No.1. Not represented-For Respondent No. 2. Civil Petition for Leave to Appeal No. 501 of 2010. (From the judgment and order dated 4.2.2010 passed by the Hi......il, 2011 and thereafter the respondent shall file the same within 17th April, 2011. The appeal is fixed for hearing on 26th April, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 415. ..Category: Constitutional Law | Date: | Hits: 441
Md. Alimuzzarnan (Reza) and others Vs. Md. Masudar Rahman @ Babul and others, 2010, 39 CLC (HCD)
....merit in the contention of Mr. Mahmudul Islam. Accordingly, the appeal is allowed without any order as to cost. The suit is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 392. ......An admission of a person is admissible in evidence as against him, though it can be explained away by the maker thereof or the person against whom it is sought to be proved. According to me, the same principle applies to an admission in a signed pleading, or in affidavit, or in any sworn deposition ......in execution of a decree passed by a competent Court without setting aside the decree. 2. Respondent No.1 (the plaintiff) instituted the suit in the First Court of Subordinate Judge, Narayangonj for declaration that the deed dated 14th November, 1992 executed and registered through Court in p......merit in the contention of Mr. Mahmudul Islam. Accordingly, the appeal is allowed without any order as to cost. The suit is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 392. ..Category: Procedural Law | Date: | Hits: 76
Oriental Bank Ltd. Vs. Federal Insurance Company Ltd., 2010, 39 CLC (HCD)
....reasons above cited this Court finds no merit in this Application. In the result, this Application is dismissed. There is no order as to costs. Ed. This Case is also Reported in: ......ached or compelled the principal debtor to pay. Mr. Hussain asserts that such a liability of the guarantor to pay upon demand made within time is independent and exclusive of any other liability of a principle debtor and, therefore, adds up to a ‘strict liability’. It is in that regard, that thi......e Respondent No.1. Company Matter No. 99 of 2008. Judgment Syed Refaat Ahmed J.- This is an Application under Section 241(v) read with Section 242 of the Companies Act, 1994 (“the Act”) for winding up the Respondent No.1 Federal Insurance Company Limited, a publicly listed company. ......reasons above cited this Court finds no merit in this Application. In the result, this Application is dismissed. There is no order as to costs. Ed. This Case is also Reported in: ..Category: Company Law | Date: | Hits: 203
Rezaul Karim (Md) and another Vs. Secretary, Ministry of Home Affairs and others, 1991, 20 CLC (HCD)
....petitioners, Rezaul Karim Talukdar and Golarn Gaffar, is declared to be illegal and of no legal effect. No order is made as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 110. ......rt thereof.’’ In the case of Sheikh Ali Ahmed Vs. Secretary, Ministry of Home Affairs, Government of Bangladesh, reported in 40 DLR (AD) 170 it has been held by the Appellate Division that the principle of natural justice is to be observed in the matter of exercising the power of cancellation......orn on 13.8.90 by the petitioners) passed by the District Magistrate, Madaripur cancelling their gun licences No.20 and 9/84 without asking any reason and without giving them any chance to be heard before the order cancellation of the said licences was passed. 2. The facts of the case are, that t......petitioners, Rezaul Karim Talukdar and Golarn Gaffar, is declared to be illegal and of no legal effect. No order is made as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 110. ..Category: Constitutional Law | Date: | Hits: 174
Muhammadullah and others Vs. Makbul Ahmed and State, 1991, 20 CLC (HCD)
....ugned proceeding of the Petition Case No.345 A‑1/89 pending in the Court of Chief Metropolitan Magistrate, Dhaka is hereby quashed. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 107. ......The law does not provide that after the direction of the Court they are to make the share certificates again ready for delivery to the complainant. 12. In view of above, we are of opinion that the principles of law enunciated in the above reported case is applicable in the facts of the present ca......r the Opposite Party No.1. Criminal Revision Case No. 270 of 1989. Judgment Abdul Bari Sarker J.- This Rule arises out of an application under section 561 A of the Code of Criminal Procedure for quashing the Petition Case No.345A‑1/89, pending in the Court of Chief Metropolitan Magistrate......ugned proceeding of the Petition Case No.345 A‑1/89 pending in the Court of Chief Metropolitan Magistrate, Dhaka is hereby quashed. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 107. ..Category: Criminal Law | Date: | Hits: 89
Alesuddin Mondal Vs. Md. Toyezuddin Dewan, 1991, 20 CLC (HCD)
....n committed by the Courts below. In the result, the Rule is discharged with cost. The lower Court record be sent down at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 105. ......istration Act. 14. In this connection, the learned Advocate for the opposite party has relied on the decision referred above. But this decision does not appear to be precisely on the point but the principle laid down may be availed of in coming to a correct decision. In the cited case the transfe......ve contentions and on consideration of the evidence on record the learned Munsif allowed the pre‑emption. 6. Being aggrieved and dissatisfied by the order of learned Munsif an appeal was taken before the learned District Judge, Joypurhat, and the appeal on transfer was heard by Subordinate Judg......n committed by the Courts below. In the result, the Rule is discharged with cost. The lower Court record be sent down at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 105. ..Category: Property Law | Date: | Hits: 81
Naresh Lal Saha and other Vs. Bhupati Mohan Roy and others, 1990, 19 CLC (HCD)
.... In the result, the Rule is discharged without any order as to costs. The order of stay granted by this Court earlier stands vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 96....... In the result, the Rule is discharged without any order as to costs. The order of stay granted by this Court earlier stands vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 96.......The petitioner's case, in short, is that Misc. Case No. 53 of 1985 was filed by the Opposite Party Nos.1 and 2 as petitioners under sections 71 and 74 read with section 71(f) of the Trusts Act, 1882, for issuing show cause as to why the principal opposite parties 1 to 3 (Petitioners before this Cour......st important factor in both these two rules (namely Order 14 rule 2 and Order 15 rule 3) is that party must not be prejudiced or injustice must not occasion to either party. That is why in matters of determination of preliminary issues Court must with due regard consider the objection, if any, raise..Category: Procedural Law | Date: | Hits: 62
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