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Mostafizur Rahman (Md.) Vs. State, 1993, 22 CLC (HCD)
.... 1991 (Dhaka) Criminal Appeal No.26 of 1990 (Rangpur). Judgment Muhammad Ansar Ali J.- This appeal at the instance of accused Md. Mostafizur Rahman is directed against the Judgment and order dated 28‑1‑1990 passed by Mr. Md. Abdus Samad, Special Judge, Court No.III, Rangpur in Special C......self and it matters not whether a person departs from his place or remains in it, if he conceals himself. But an absent person should not be readily assumed to be an absconder without due inquiry and notice (2 Werr 40). Absconding does not mean absence for one day, but means remaining out at least s......71 of the Penal Code read with section 5(2) of Act II of 1947 but convicting the appellant under section 409 of the Penal Code read with section 5(2) of Act II of 1947 and sentencing him to suffer RI for 4(four) years and to pay a fine Taka 2,000.00 in default to suffer SI for 3 (three) months more...Category: Criminal Law | Date: | Hits: 110
Yunus Molla (Md.) Vs. State, 1995, 24 CLC (HCD)
....etitioner released. The learned Divisional Special Judge acted illegally in not stopping the proceeding and releasing the accused-petitioner inspite of his filing application for the purpose by order dated 22‑2‑90. 3. It appears from the order dated 10‑12‑86 that the proceeding of the cas......Rule is made absolute and the proceedings of Special Case No.500 of 1984 is quashed. Send down the lower Court's records to the Court. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 273. ......Md. Abdus Salam Mamun, Assistant Attorney-General ‑ For the State. Criminal Revision No.447 of 1990. Judgment Kazi Ebadul Hoque J.- This Rule at the instance of the accused‑petitioner is for quashing the proceeding in Special Case No.500 of 1981 pending in the Court of Divisional Specia..Category: Procedural Law | Date: | Hits: 95
Doon Valley Rice Limited Vs. MV Yue Yang and others, 1996, 25 CLC (HCD)
.... so unless authorised by a resolution of the Board of Directors of the company……………………………(18) Once an amendment of the plaint is allowed the amendment will relate back to the date of the institution of the suit. But the Court will be reluctant to allow such amendment which w......ons it does not appear that the subsequent resolution dated 20‑4‑96 has taken away or restricted the authority given to the Managing Director of the company earlier. 29. Further I have already noticed that Mr. MR Islam Azad was authorised by a resolution of Board of Directors of the plaintiff......g is commenced by the arrest of the res, the ship, such arrest is not an interlocutory order………………………………(34) The Admiralty Act, 1861, section 6 In a pure and simple suit for the realisation of the money by an unpaid vendor, admiralty jurisdiction cannot be invoked. To a..Category: Admiralty Law or Maritime Law | Date: | Hits: 258
Shahinur Begum Vs. Md. Minarul Islam Mondol @ Miton, 1997, 26 CLC (HCD)
....as paid. 3. Trial Court decreed the full amount of dower being Taka 54,500.00 and maintenance per month at Taka 15,00.00 till the period of iddot as the wedlock ended in a divorce on the aforesaid date. The defendant took Other Family Appeal 205 of 1994. The appeal was contested by the plaintiff.......reed. The order of stay granted earlier is hereby vacated. No order as to costs. Send down the records of the Courts below at once. Ed. This Case is also Reported in:49 DLR (HCD) (1997) 567. ......evision is directed at the instance of the plaintiff who is wife Shahinur Begum, against the husband Md. Minarul Islam alias Miton. 2. The petitioner instituted Family Suit 5 of 1993 on 3‑1‑93 for dower money both prompt and deferred being Taka 55,000.00 and maintenance being Taka 4500.00 The..Category: Family Law | Date: | Hits: 122
State Vs. Secretary, Ministry of Home Affairs and others, 2009, 38 CLC (HCD)
....ave considered the submissions of the learned Advocates, perused the numerous affidavits which have been filed in support by the various parties to this Rule. 10. It appears that on the relevant date there was no provision for buying a ticket and entering into concourse hall in order to go to t......28, 2009. Result: The Rule is disposed of. Suo Motu Rule No.03 of 2008. Judgment Md. Imman Ali J.- On 20-4-2008 Manzill Murshid, learned Advocate of the Supreme Court, brought to our notice a news item published in the Financial Express on Saturday, 19-4-2008 wherein it was reported......ndent of Police, Immigration, Zia International Airport, 4. Saiful, 5. Delwar, 6. Mujib, 7. Anowar and 8. Mizan to show cause as to why they shall not be directed to explain the action of the five aforementioned security officials, namely Saiful, Delwar, Mujib, Anwar and Mizan (subsequently corr..Category: Others | Date: | Hits: 87
Shahid Mia and another Vs. State and another, 2007, 36 CLC (HCD)
....- For the State. Criminal Appeal No.3024 of 1998. Judgment Md. Muzammel Hossain J.- This appeal at the instance of the accused-appellants is directed against the impugned judgment and order dated 10.11.1998 passed by the learned Assistant Sessions Judge, 1st Court, Kishoreganj in Sessions ......evidence and the prosecution miserably failed to prove the guilt of the accused-appellants. He submits that the charge was defective as necessary ingredients of the offence was not brought out to the notice of the accused appellants inasmuch as the injury caused to Humayun was stated in the charge i...... March 12, 2007. Result: The appeal is allowed. The Code of Criminal Procedure, 1898 (V of 1898); section 342 An examination of an accused under Section 342 of the Code is not an idle formality. It has to be carried out carefully in the interest of justice and fair play to the accuse..Category: Criminal Law | Date: | Hits: 83
Md. Arman Hossain (Chairman) Vs. State, 2010, 39 CLC (HCD)
....ered on 6.1.2002, corresponding G. R. Case being No.9 of 2002. 3. Thereafter, the police investigated into the case and having found a prima facie case, police has submitted a charged sheet No.334 dated 28.5.02, against the 4(four) accuseds, under section 406/420/34 of the Penal Code and under se......heque dated 02.06.2001 for Tk. 7(seven) lac to the petitioner. But, the said cheque was dishonored on 4.9.2001 as well as on 29.9.2001, when it was place for encashment. The complainant issued legal, notice demanding payment of his money, but the accuseds have misappropriated his money and the goods......ful manner'. Use of the expression 'in any manner' clearly attracts acquiring 'dominion over property' of other person (in this case the complainant) either in lawful manner or in an unlawful manner, for instance by an act of cheating, by coercion or by any other unlawful means. Therefore, the expre..Category: Criminal Law | Date: | Hits: 116
Ahmed Akbar Sobhan Vs. State, 2011, 40 CLC (HCD)
....minal Procedure filed by the accused petitioner Ahmed Akbar Sobhan @ Shah Alam calling upon the opposite party State represented by the Deputy Commissioner, Dhaka to show cause as to why the Judgment dated 7-7-2008 passed by the Metropolitan Special Tribunal No.2, Dhaka in Foreign Currency Regulatio...... having been initiated with Magistrate Court, the proceeding of the case has been initiated and continued without jurisdiction; that in the instant case having been initiated without any show cause notice having been issued to the petitioner before initiation of the case, the whole proceeding and ......can make out a case of 'coram non-judice’ of the trial Court or that the facts alleged do not constitute any criminal offence or that the conviction has been based on no legal evidence or otherwise for securing the ends of justice……………….(18) The Code of Criminal Procedure, 1898 (V o..Category: Criminal Law | Date: | Hits: 109
Abdul Khaleque Shah Vs. Administrator of Waqfs and others, 1996, 25 CLC (HCD)
.... No one – For the Respondents. Writ Petition No.1694 of 1989. Judgment Md. Ruhul Amin J.- Petitioner has obtained this Rule calling upon the respondents to show cause as to why the order dated 28‑11‑89 (Annexure‑E to the petition) passed by Respondent No.1, Administrator of Waqfs ......f Administrator for removal of the petitioner from the office of the Mutwalli; that on receipt of the application so filed by respondent Nos.2 and 3, the respondent No.1 Administrator of Waqfs issued notice to the petitioner to give his reply to the allegations made in application filed for removal ...... (EC No.843), that while he was discharging the duties of the Mutwalli of the Waqf Estate respondent Nos.2 and 3, Haji Monjurul Islam Shah and Md. Rahmat Ali Shah respectively, filed an application before the Waqf Administrator for removal of the petitioner from the office of the Mutwalli; that on r..Category: Trust/Waqf Law | Date: | Hits: 85
Mohammed Ali Vs. Director, Marine Fisheries Office and others, 2009, 38 CLC (HCD)
....nder Article 102 of the Constitution of the People's Republic of Bangladesh, a Rule Nisi was issued calling upon the respondents to show cause as to why the impugned memo No. Mo-4/Trawler-63/2002/113 dated 27-3-2002 issued by respondent No. 4 directing to place all Nathi to the Minister for taking d......icence dated 23-2-2009 in favour of the petitioner only after complying with all statutory provisions. There is no order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 769. ...... was issued calling upon the respondents to show cause as to why the impugned memo No. Mo-4/Trawler-63/2002/113 dated 27-3-2002 issued by respondent No. 4 directing to place all Nathi to the Minister for taking decisions (Annexure-D) and letter No. 611 dated 23-2-2009 issued by respondent No. 1 refu..Category: Civil Law | Date: | Hits: 124
Johura Khatun and others Vs. Sajed Ali Khan and others, 2009, 38 CLC (HCD)
..... No one appears - For Opposite-parties. Civil Revision No.887 of 2008. Judgment Mamnoon Rahman J.- The certified copy of the plaint of Title Suit No.309 of 2004 and the Order dated 13-8-2005 passed by the Joint District Judge, First Court Dhaka be kept with the record. 2....... possible not later than 6 (six) months from the date of received of the Judgment without fail. Communicate this Order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 353. ......Parties Judgment July 21, 2009. Result: The application is allowed. Cases Referred to- 13 BLD (AD) 277; 11 MLR (AD) 58; 32 DLR (AD) 167; 19 DLR (SC) 433. Lawyers Involved: Lutfor Rahman Mondal, Advocate - For the Petitioner. No one appears - For Opposite-parties.&nb..Category: Procedural Law | Date: | Hits: 94
Chittagong Dry Dock Ltd. Vs. Commissioner of Taxes, 2012, 41 CLC (HCD)
....ation No.485 of 2005. Judgment Zinat Ara J.- This reference application under section 160(1) of the Income Tax Ordinance, 1984 at the instance of the assessee-application arises out of an order dated 21-8-2005 passed by the Taxes Appellate Tribunal, Chittagong Bench, Chittagong in Income Tax A......-2004 before the Deputy Commissioner of Taxes, Companies Circle-12, Taxes Zone-3, Chittagong (shortly, the DCT) showing total net income at Taka 49,87,267. The DCT based on the draft accounts, issued notice under section 79 and 83(1) of the Income Tax Ordinance, 1984, (the Ordinance, in short) upon ...... dated 21-8-2005 passed by the Taxes Appellate Tribunal, Chittagong Bench, Chittagong in Income Tax Appeal No 4113 of 2004-2005 (Assessment year 2003-2004) dismissing the appeal. 2. Facts relevant for disposal of the reference application are as follows: - The assessee-applicant, Chittagong D..Category: Fiscal/Taxation Law | Date: | Hits: 107
Ful Mia Vs. State, 2004, 33 CLC (HCD)
.... - For the State. Criminal Appeal No.2385 of 1998. Judgment Syed Mohammad Ziaul Karim J.- This appeal at the instance of accused appellant Ful Mia, is directed against the judgment and order dated 30.7.1998 passed by the learned Judge of the Special Tribunal No.3, Bagerhat in Special Tribun......as well as by people from a field of village Chalitabunia. He identified the accused on dock, in cross-examination, by the defence he stated that the accused persons came in his house in dark. But he noticed the arms at the focus of the torch of the accused persons. He denied the suggestion that he ......dent Judgment November 24, 2004. Result: The appeal is dismissed. Differences between discrepancies and contradictions Contradiction in the statement of the witnesses may be fatal for the prosecution but minor discrepancies in the evidence will not make the prosecution case doubt..Category: Criminal Law | Date: | Hits: 79
Nazrul Islam (Md.) Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....der Article 102 of the Constitution of the People's Republic of Bangladesh, calling upon the respondents to show cause as to why the proceedings in LA Case No.22 of 1996-97 under Process No.259/7(16) dated 5-10-1997 (Annexure-B), issued by the respondent No.2, should not be declared to have been pas......ps both the options open, then he does not know whether the property is needed for immediate use or it is likely to be needed for some future use. The use of both these alternative expressions in the notice under section 3 is indicative of a lack of application of mind and the notice under section 3......erty the Deputy Commissioner cannot keep both the alternatives in his pocket. He has to choose between the two. If he keeps both the options open, then he does not know whether the property is needed for immediate use or it is likely to be needed for some future use. The use of both these alternativ..Category: Property Law | Date: | Hits: 62
Dr. M. Rafiquzzaman Vs. Bangladesh Shilpa Bank, 2006, 35 CLC (HCD)
....ndent. First Miscellaneous Appeal No.162 of 2000 with Civil Rule No. 566(F.M) of 2000. Judgment Md. Arayes Uddin J.-This Misc. Appeal has been preferred against the judgment and order dated 29.11.1999 passed by the learned District Judge, Dhaka in Misc. Case No.393 of 1999 decreeing ......k any adjournment. The order of stay is vacated and the connected civil rule is discharged. Let the L.C.R be sent down at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 18. ......ayes Uddin J.-This Misc. Appeal has been preferred against the judgment and order dated 29.11.1999 passed by the learned District Judge, Dhaka in Misc. Case No.393 of 1999 decreeing the suit ex parte for realization of Tk. 13,01,85,650/= from the appellant. The appellant preferred this misc. appeal ..Category: Civil Law | Date: | Hits: 127
Rajdhani Unnayan Kartipakha (RAJUK) Vs. Eunus Ali & others, 2012, 41 CLC (AD)
....ate, instructed by Nazrul Islam Bhtiiyan, Advocate-on-Record—For Respondent Nos. 1(a)-1(e). Not represented—Respondent Nos.2-7. Civil Appeal No.280 of 2010. (From the judgment and decree dated 14th day of October, 2009 passed by the High Court Division in Civil Revision No.3994 of 2007)......t from 16-6-1988 and the ex-parte judgment dated 25-10-2009 of the High Court Division has seriously occasioned a failure of justice and the same is liable to be set-aside. 3.The centering round a notice dated 30-4-2007 issued by RAJUK for vacating the land from unauthorized occupation, the respo......in as the plaintiffs filed Title Suit No.228 of 1979 in the First Court of the then Sub-ordinate Judge, Dhaka, renumbered as Title Suit No.464 of 1985 in the Second Court of Sub-ordinate Judge, Dhaka for declaration of title and recovery of khas possession. Their case, in short, is that the suit lan..Category: Property Law | Date: | Hits: 104
Md. Liton Bhuiyan @ Md. Liton Mia Vs. State, 2008, 37 CLC (HCD)
....er Maqbul Huq J.- The instant Rule was issued calling upon the opposite party to show cause as to why the proceedings of Sessions Case No.211 of 2007 arising out of Belkuchi Police station Case No.01 dated 8.7.2007 corresponding to G.R. Case No.66 of 2007 under section 19(1) table 7(b) of the Madak ....... In the result, the Rule is discharged. Order of stay granted by this Court stands vacated. Communicate the order at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 323. ......k Drabya Niantran Ain to search, seize, arrest, to initiate a case and to investigate into a case under this Ain and he needs no permission of the Director General of Madak Drabya Niantran Adhidaptor for investigating into a case under the Madak Drabya Niantron Ain, 1990. He is, however, required to..Category: Criminal Law | Date: | Hits: 90
Rashida Mahabub Vs. IFIC Bank & others, 2007, 36 CLC (HCD)
.... Masud Ahmed Sayed, Advocate - For Respondent No.1. Writ Petition No.711 of 2004. Judgment Zinat Ara J.- In this Rule Nisi the petitioner challenged the legality of the orders dated 12-8-2003 and 8-2-2004 passed by the Artha Rin Adalat No.3, Dhaka in Title Execution Case No.1...... Khan, husband of the petitioner. So, inclusion of the flats of the petitioner who is not a Judgment-debtor or guarantor is without lawful authority. The petitioner came to know from the auction sale notice published in the daily newspaper that her flats are going to be sold in auction. The year of ......Nisi the petitioner challenged the legality of the orders dated 12-8-2003 and 8-2-2004 passed by the Artha Rin Adalat No.3, Dhaka in Title Execution Case No.123 of 2002. 2. Material facts relevant for disposal of the Rule are as under: 3. The petitioner is an officer of Bangladesh Biman, Res..Category: Civil Law | Date: | Hits: 136
Haji Mohammad Salim Ullah Vs. State and another, 2009, 38 CLC (HCD)
....sp; Criminal Revision No.563 of 2008. Judgment Siddiqur Rahman Miah J.- By this application under section 439 of the Criminal Procedure Code the petitioner seeks quashment of the order No.09 dated 02.03.2008 passed in Sessions Case No.1351 of 2007 arising out of CR Case No.716 of 2007 (Kotw......he amount will be paid subsequently. Thereafter opposite party No.2 the deposed cheque on 08.08.2007 for encashment but the cheque was dishonoured as the fund was insufficient. Then he served a legal notice on 03.09.2007 through his lawyer requesting for the payment of the money and accused petition......R. Case against accused petitioner Haji Mohammad Salim Ullah under section 138 of the Negotiable Instrument Act, stating the facts, inter alia, that he and the accused entered into a partnership deed for business on 24.02.2000 and subsequently executed an agreement on 18.05.2000; that in the course ..Category: Criminal Law | Date: | Hits: 107
....ia International (Pvt) Ltd, this Rule Nisi was issued calling upon the respondent to show cause as to why the demand with show cause notice being Nathi No.4/VAT/8(565) Zakaria /Anjom/ Bichar/2007/566 dated 15th July 2007 (Annexure-B) issued by Commissioner (Respondent No.2) to show cause under secti......d. Ashfaqul Islam J.- At the instance of the petitioner Hotel Zakaria International (Pvt) Ltd, this Rule Nisi was issued calling upon the respondent to show cause as to why the demand with show cause notice being Nathi No.4/VAT/8(565) Zakaria /Anjom/ Bichar/2007/566 dated 15th July 2007 (Annexure-B)......cause notice upon the petitioner (Annexure-B) and in Paragraph No.2 of the said notice it is alleged that though wine in served in the hotel, but no supplementary duty is being paid by the petitioner for which the VAT officers seized all CPU and documents of the hotel and subsequently filed a case a..
Category: Fiscal/Taxation Law | Date: | Hits: 107
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