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Mozam and others Vs. State, 2006, 35 CLC (HCD)
....tan held that the evidence of prosecutrix in a rape case is customarily received by Court with some suspicion. In certain jurisdiction it is the rule that the solitary evidence of prosecutrix being a woman of full age is not accepted as sufficient but requires corroboration by independent evidence i...... and debor respectively. Accused Khorshed was her local uncle-in-law. Accused Mazid and Alek were her neighbours. Prior to occurrence Kabil, elder brother of her husband, was killed. In that case her full brother Habibur Rahman was the accused. She added that accused Khorshed, Mozam, Jamsed, Akam to......came to know about the occurrence on the following morning at 7-00 AM. He found that victim beside the pond in nude condition. Her hands and legs were tied. Her brother took her in the courtyard. Village doctor Lutfur Rahman (PW 3) found her alive. The victim was sent to hospital in unconscious stat..Category: Criminal Law | Date: | Hits: 82
....le is hereby recalled and vacated.
There is no order as to costs.
Send down the lower Court record at once.
Ed.
This Case is also Reported in: 59 DLR (2007) 270, 26 BLD (HCD) (2006) 634.
......965 and 16-21969, the promulgation and revocation of Proclamation of Emergency. If at any time during the currency of the Emergency with the Defence of Pakistan Ordinance and the Rules remaining in full force, the property comes within the definition of 'enemy property it continues to remain so, e......ual steps might not have been taken by the appropriate authority to take it over and so, the authority, whether the Custodian or Additional. Custodian or Assistant Custodian or Board, may, for the management and control and vesting or transfer, either under Rule 181 or 182 of the Defence of Pakistan..
Category: Property Law | Date: | Hits: 27
Syed Ziaul Hasan and others Vs. Bangladesh and others, 2006, 35 CLC (HCD)
....tity module (SIM) Card according to the price fixed i.e. Taka 1800. There will be no order as to costs. Ed This Case is also Reported in: 59 DLR (2007) 238, 26 BLD (HCD) (2006) 366. ......pany. VAT is collected when the actual service is rendered or when the invoice relating to service is rendered or when the invoice relating to service is delivered or the value is received in part or full. The respondent has levied VAT or taxes on supplier of SIM Card irrespective of the identity of......re-Dl issued pursuant to the SRO dated 9-6-2005 is no longer in existence and, as such, the Rule has become infructuous. It is further contended that the remedy of the petitioners lies in suit for damages in the civil Court. 5. The respondent No. 6, Tele Talk Bangladesh Limited, has filed af..Category: Fiscal/Taxation Law | Date: | Hits: 131
Moezuddin (Md) Vs. State, 2007, 36 CLC (HCD)
.... Sessions Judge, 1st Court, Pabna according consent to withdraw from the prosecution of the accused-opposite party No. 1 is set aside. Ed. This Case is also Reported in: 59 DLR (2007) 122. ...... Sessions Judge, 1st Court, Pabna according consent to withdraw from the prosecution of the accused-opposite party No. 1 is set aside. Ed. This Case is also Reported in: 59 DLR (2007) 122. ...... from the prosecution of the accused-opposite party No. 1, who is the principal accused against whom the fatal injuries have been attributed in the first information report and that the investigating agencies after investigation have also found his complicity in the murder of Tofizuddin. The learned..Category: Criminal Law | Date: | Hits: 43
Shahella Chowdhury Vs. National Board of Revenue and others, 2007, 36 CLC (HCD)
....no legal effect; and they are accordingly quashed. Order of stay granted on 23-506 is also recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 59 DLR (2007) 213. ......s loan by an assessee during any income year from any person, not being a banking company or a financial institution, otherwise than by a crossed cheque drawn on a bank, and has not been paid back in full within three years from the end of the income year in Which it is claimed or shown to have been......no legal effect; and they are accordingly quashed. Order of stay granted on 23-506 is also recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 59 DLR (2007) 213. ..Category: Fiscal/Taxation Law | Date: | Hits: 69
Abdul Halim (Md.) Vs. Abul Hasan Chowdhury Kaiser and others, 2001, 30 CLC (HCD)
....ave become infructuous. In the result, the Rules in both the writ petitions are discharged being infructuous without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 42.......ave become infructuous. In the result, the Rules in both the writ petitions are discharged being infructuous without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 42.......asmuch as, the acquisition of the Bangladesh citizenship before the election and after the acquisition of the citizenship of the United States of America removed his disqualification, if any, as envisaged under Article 66(2)9(c). 5. We have Mr. Khondaker Mahbubuddin Ahmed, the learned Advocate fo..Category: Administrative Law | Date: | Hits: 356
Md. Ali Haider & Ors. Vs. State and others, 1987, 16 CLC (HCD)
.... the charge. They shall be set at liberty forthwith if not wanted in connection with any other case. Amin-ur-Rahman Khan J. – I agree Ed. This Case is also Reported in: 40 DLR (1988) 97. ...... 25. It is in evidence that P.W.5-9 and Manu Mondal father of Seraj already crossed the river. It may be mentioned here that except Mannaf other four victims are cousin of P.W.5; P.W.7 and P.W.8 are full brother of victim Shabuj and P.W.9 full brother of P.W.5. Thus it appears that 5(five) victims ......lant Vs. The State...................Respondent(Criminal Appeal No.113 of 1985) Judgment November 25, 1987. Case Referred to- Zamir Hussain and ors. vs. The Crown, PLD 1949 Lahore page 170. Lawyers Involved: Serajul Huq with Abdul Malek - For appellants (In Criminal Appeal N..Category: Criminal Law | Date: | Hits: 30
Mirza Shahab Ispahani Vs. Government of the Peoples’ Republic of Bangladesh, 1987, 16 CLC (HCD)
....tore the disputed property to the possession of the petitioner within three months from date. Mohammad Ismail Uddin Sarker J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 87. ......fice of the High Commissioner of Pakistan in London with permanent address at Dhaka. The petitioner qualified himself as a Chartered Accountant. He continued to stay in England and came to be gainfully employed there as a Chartered Accountant. With his own earnings in England he acquired the d......ax in respect of the property in question for the assessment year 1972-73 and the receipt of payment of tax is Annexure-R The petitioner asserts that at no time he ceased to occupy, supervise or manage the property in question, nor can it ever be said that his whereabouts were not known to the aut..Category: Immigration and Citizenship Law | Date: | Hits: 188
Janata Bank Vs. M/S Ahmedia Garments, 1987, 16 CLC (HCD)
....on of the judgment is stayed for 4 (four) weeks from date. There will however be no order as to costs. Amirul Islam Chowdhury J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 72.......nd other relevant Articles. It has also been stated there that the Bank of Tokyo Ltd. have already paid those drafts and they are therefore the bona fide holders of those drafts and they again demand full payment of the aforesaid drafts together with overdue interest and other costs and reserve the ......R.976, (1982) 2 All England Report 720); AIR 1925(A11) 442. Malas and another (Trading as Hamezeh) Malas and Sons vs. British Imex Industries, Ltd. 1958 All England Law Reports (Court of Appeal) page 262; United City Merchants (Investment) Ltd. and others versus Royal Bank of Canada and others 1..Category: Business or Commercial Law | Date: | Hits: 209
....eceipt of the copy of this judgment.
In the result, the Rule is disposed of with the aforesaid observation without any order as to costs.
Ed.
This Case is also Reported in: 54 DLR (2002) 35.
......ed by them unauthorisedly under certain terms and conditions as laid down in the notice dated 19-11-1997. But unfortunately, the plaintiff did not pay any heed to it and continued to consume gas unlawfully till today. During this period the defendant company issued several reminders to the plaintiff......o this effect is dated 7-9-2000. So, it is not correct that the defendant has disconnected the gas line without any notice. Secondly, gas is indeed a national resource belonging to the state being managed by the defendant company under authority of the Government. It is sold to bonafide consumers on..
Category: Civil Law | Date: | Hits: 115
New Age Garments Ltd. and others Vs. Government of Bangladesh and others, 2001, 30 CLC (HCD)
....4 Ain/2001/Srakoml0/Ni:Mo: Ni; 28/2001 dated 8th July, 2001 is declared to have been passed without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 54 DLR (2002)33.......4 Ain/2001/Srakoml0/Ni:Mo: Ni; 28/2001 dated 8th July, 2001 is declared to have been passed without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 54 DLR (2002)33.......ued calling upon the respondents to show cause why the impugned SRO No. 184 Ain/2001/Srakom 10/Ni: Mo: Ni 28/2001 dated 8th July, 2001 published in the Bangladesh Gazette (Annexure D) fixing minimum wages for workers in all industrial undertakings of Bangladesh should not be declared to have been do..Category: Labour and Industrial Law | Date: | Hits: 96
ASM Shamsul Islam Rashedi Vs. Satellite Fishing Ltd. and others, 2001, 30 CLC (HCD)
....his application under section 233 which is deplorable. In view of the above, this application is dismissed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 28. ......e Assistant Registrar of Joint Stock Companies but no approval has yet been from the said office because of the pendency of this matter. The validity of the both has to be judge on the facts alleged, full particulars thereof should be given. But the petitioner could not give supportive evidence. ......the previous finance director had been appointed as the Managing Director of the company and a new chairman also appointed. 5. It is also stated in the petition that to change the nature of the management of the company a resolution should be passed by 75% issued shareholders as per Article 51 of..Category: Company Law | Date: | Hits: 220
Habib (Md) and another Vs. State represented by the Deputy Commissioner, 1999, 28 CLC (HCD)
.... proceedings of GR Case No. 929 of 1998 so far it relates to the present petitioners Md. Habib and Ahmed Abdullah Lokman are quashed. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 105. ...... proceedings of GR Case No. 929 of 1998 so far it relates to the present petitioners Md. Habib and Ahmed Abdullah Lokman are quashed. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 105. ......ept in the godown of Md. Islam and Sons and in the usual procedure 15,530 cartons of Dano milk powder were delivered and remaining 13670 were lying in that godown. It is further alleged that at one stage the importer and the guarantors were found hesitant in taking delivery of the powder milk from t..Category: Criminal Law | Date: | Hits: 39
Shahidul Islam (Md) alias HM Shahid Vs. State, 2003, 32 CLC (HCD)
....used appellant Md. Shahidul Islam alias HM Shahid, son of Md. Afseruddin Howlader be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 56 DLR (2004) 35....... victim daughter, took her victim daughter downstairs to accused appellant Shahid and later she came to learn that accused Shahid had abducted her. This witness has stated in cross-examination that a full sister of accused appellant Shahid is the wife of the younger brother of her husband and she kn......rom the examination of DW 1 and the trend of cross-examination, is that the accused appellant and the victim girl (PW 2) used to love each other and both of them willingly got married before the Marriage Registrar, Kotwali, Dhaka on 7‑2‑2000 with the knowledge and consent of the mother of the vi..Category: Criminal Law | Date: | Hits: 43
National Bank Ltd. and others Vs. Habib Bank Ltd. and others, 2002, 31 CLC (HCD)
.... dismissed. In the circumstances, there shall be no order of costs in any of the appeals. Send down the lower Court records forthwith. Ed. This Case is also Reported in: 56 DLR (2004) 15. ......t presented by the seller and thereafter, in accordance with the terms and conditions of the letter of credit, sent a telex message on 18th March, 1986, on its New York Branch, for realisation of the full amount of USS 2,66,600 from the account of the National Bank Ltd, Khulna, maintained with Ameri...... in all those documents the Habib Bank Ltd duly negotiated those document presented by the seller and thereafter, in accordance with the terms and conditions of the letter of credit, sent a telex message on 18th March, 1986, on its New York Branch, for realisation of the full amount of USS 2,66,600 ..Category: Business or Commercial Law | Date: | Hits: 202
Abul Hossain and others Vs. State and another, 2003, 32 CLC (HCD)
.... land, cutting away ripe paddy and while they offered resistance the accused named in the petition of complaint have assaulted them with grievous bleeding injuries, and also outraged the modesty of a woman. Hearing hue and cry the witnesses came to the paddy land and the complainant also rushed to t......esolved and decided in the case only on a proper discussion and assessment of evidence on record. This application is rejected summarily. Ed. This Case is also Reported in: 56 DLR (2004) 12. ......ed into the said paddy land, cutting away ripe paddy and while they offered resistance the accused named in the petition of complaint have assaulted them with grievous bleeding injuries, and also outraged the modesty of a woman. Hearing hue and cry the witnesses came to the paddy land and the compla..Category: Criminal Law | Date: | Hits: 34
....6‑11‑2002 vide Annexure E to the writ petition is hereby declared to have been issued without lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 56 DLR (2004) 1.
...... pollution of environment was given to the office of respondent No. 21 on 13‑11‑2002 which was Wednesday and 14‑11‑2002 being Thursday it was a half holiday, 15‑11‑2002 being Friday was a full holiday and the petitioner was served with the impugned notice on 16‑11-2002 which shows tota......er. The factory in question is a gas/based factory and for production of 'Muri' it needs hundred liters water daily and there is possibility to create noise and, as such, the question of creating wastage and sound does not arise at all. And not a single condition of Environment clearance certificate..
Category: Environmental Law | Date: | Hits: 226
Didarul Kabir (Md) Vs. Commissioner of Customs and others, 2001, 30 CLC (HCD)
....ischarged however without any order as to cost. The respondents are at liberty to realise the balance dues by encashing the Bank Guarantee. Ed. This Case is also Reported in: 55 DLR (2003) 11.......se inasmuch as the petitioner purchased the vessel at a point of time when it was not sea‑worthy. It was an arrested vessel which had no crew on board and had been damaged by fire twice and knowing full well that the ship itself is a damaged unseaworthy ship they have participated in the tender on......ble and dilapidated condition and her condition was rapidly deteriorating and the vessel was burnt by fire twice and as a result of which all engine bearings, pumps, electrical system were totally damaged beyond repair and the vessel at that time had no crew member on board resulting in damage to na..Category: Fiscal/Taxation Law | Date: | Hits: 77
Nibash Chandra @ Chinu Vs. Dipali Rani and another, 1999, 28 CLC (HCD)
....y at once if not required in any other case. Bail bond is discharged. LC record along with copy of the judgment be sent down at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 87.......of which the accused pleaded not guilty and claimed to be tried. 3. At the trial complainant examined 5 P.W.s including herself. P.W.1 is complainant Depali Rani, P.W. 2 is Tapan Chandra Barai her full brother, P.W. 3 is Jogendra Chinu Barai, P.W. 4 is Bejoy Charan Barai and P.W. 5 is Parbati Cha......t, 1980. 2. Complaint case at the trial was that, the complainant was married with the accused 4 years ago. Father of the complainant paid Taka 30,000.00 in cash to the accused at the time of marriage and also gave gold ornaments including wrist watch at the cost of Taka 60,000.00 during the marr..Category: Family Law | Date: | Hits: 175
....sion we are of the opinion that the Rule is liable to be discharged. In the result the Rule is discharged. There will he no order as to cost.
Ed.
This Case is also Reported in: 54 DLR (2002) 1.
......ctive bonded warehouse licences. So, we are not in a position to make a comparison and ascertain whether there has been any good reason not to treat the petitioner at par with them. In the absence of full particulars of those cases we are unable to determine whether the petitioner has, in fact, been......itted that other Industries, some of which are in direct competition with the petitioner, have already been issued with private bonded warehouse licences. This has placed the petitioner in a disadvantageous position vis-a-vis its competitors. The writ petition, in fact, contains a list of industries..
Category: Fiscal/Taxation Law | Date: | Hits: 108
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