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Ibrahim (Md.) & others Vs. State, 2004, 33 CLC (HCD)
....of the case. He investigated the case by visiting the place of occurrence, examined witnesses and recorded their statements under section 161 of the Code of Criminal Procedure. He also took steps for holding of a Test Identification parade inside the Noakhali District Jail where the witnesses concer......l Kalam alias Kalu, Abu Noman Khan and Md. Ibrahim. She next deposed that Md. Mizanur Rahman, one of her cousins, hired the accuseds with money and caused the occurrence by wire-pulling out of enmity over landed properties. PW 1 further states that after apprehension of the accuseds she went to the ..Category: Criminal Law | Date: | Hits: 91
Ershad Ali (Md.) and another Vs. Rampada Das & others, 2004, 33 CLC (HCD)
.... Chandra Das died leaving three sons, namely, the pre-emptor and respondent Nos. 2 and 3 (opposite party Nos. 4 and 5 in the application). 4. Besides, Panchamoni Dasi exhausted her interest in the holdings by transfer to the pre-emptor said respondent Nos.2 and 3 and Purnima Rani and Subola Rani ......ian being No. 1102 in respect of 2.46 acres of land at a jama of Taka 4.30. As found already, the order was passed without any service of notice upon Satish Chandra Das, father of the pre-emptor. Moreover, no evidence could be adduced that such order and/or subdivision of the holdings was acted upon..Category: Property Law | Date: | Hits: 69
State Vs. Shahidul Islam alias Shahid and others, 2006, 35 CLC (HCD)
....e investigating officer His statements made on both occasions is presented collectively as follows: 13. PW 1 corroborated the first information report story as stated earlier. He stated that after holding investigation of Gulshan PS Case No. 73 dated 24-4-1998 initiated on the basis of the first ......r stated that Shahid was taken to the PO house in the night of 27-4-98 and subsequently on 27-9-1998. Shahid narrated and demonstrated how he committed rape and murder and how he fled away by scaling over the boundary wall of the adjacent Australian Embassy Club. This demonstration led to the discov..Category: Criminal Law | Date: | Hits: 70
Nurul Islam and others Vs. A Huq Munshi & others, 2006, 35 CLC (HCD)
.... Kolkarsha pattan" from the auction purchaser Rupsha Fakir measuring an area of 69 decimals of land by executing and registering a Kabuliat dated First Srabon 1326 BS and paid rent to Rupsha Fakir by holding over after the expiry of the term of alleged Kabuliyat; that later Rupsha Fakir transferred ......ha pattan" from the auction purchaser Rupsha Fakir measuring an area of 69 decimals of land by executing and registering a Kabuliat dated First Srabon 1326 BS and paid rent to Rupsha Fakir by holding over after the expiry of the term of alleged Kabuliyat; that later Rupsha Fakir transferred 91.50 de..Category: Property Law | Date: | Hits: 70
Mofazzal Hossain alias Mofa and others Vs. State, 2004, 33 CLC (HCD)
.... the house and plundering ornaments. 18. PW 6 Md. Jasimuddin deposed that he was the Officer-in-Charge of the Kalai Police Station at the relevant time. On 11-7-1989 he went to Molam Gari area for holding a meeting, wherein he heard about the occurrence of dacoity committed in the house of Mamunu......e case was tried by the learned Assistant Sessions Judge, Joypurhat who on the basis of materials on record framed charge under sections 395. 397 of the Penal Code against all the accused and read it over to them on dock to which they pleaded not guilty and claimed to be tried. In course of trial th..Category: Criminal Law | Date: | Hits: 52
Korea Exchange Bank, Seoul, Korea Vs. Gemini Garments Limited and others, 2004, 33 CLC (HCD)
....verment would not bind the applicants unless the KEB could prove to have negotiated on the evidence on record. 84. He also submitted that the learned Joint District Judge committed no error in holding that the KEB paid no money to the seller since KEB failed to prove payment to the seller by ......3 PBL transmitted non-acceptance by telex. Gemini believed that in all likelihood the cancellation reached the negotiating bank earlier to the acceptance. 8. Gemini further claimed that it discovered that the documents forwarded by the KEB were fraudulent inasmuch as "freight pre‑paid" was ..Category: Business or Commercial Law | Date: | Hits: 289
AM Ziaul Hoque Vs. Government of the People's Republic of Bangladesh and others, 2004, 33 CLC (HCD)
....f Bangladesh Petroleum Corporation, in Grade-III on 19‑11‑1968 and that subsequently, through promotion he was posted as Manager, Technical and Special Project (MT & SP) and that while he was holding the said post as MT & SP he was placed in a higher post in Special Manager grade as Mark...... SANM Rahman J Zubayer Rahman Chowdhury J AM Ziaul Hoque……………………………………………………………………………………..Petitioner Vs. Government of the People's Republic of Bangladesh and others………Respondents Judgment ..Category: Employment/Service Law | Date: | Hits: 66
Md. Nasrullah Chowdhury Vs. Mohammad Nurul Islam and others, 2010, 39 CLC (AD)
.... have decided the allegation on evidence and decided the appeal on merit instead of rejecting the same on maintainability only. 15. It appears that the High Court Division also erred in law in not holding that the appeal was maintainable before the appellate court and in not deciding the factum......it after deciding whether or not there was any consent of the parties to compromise the dispute. Accordingly the petition is disposed of. Ed. This Case is also Reported in: VIII ADC (2011) 91...Category: Property Law | Date: | Hits: 65
Dr. Md. Abu Obaidah Vs. Commissioner of Taxes, 2005, 34 CLC (HCD)
....by the Taxes Appellate Tribunal: (i) Whether the Taxes Appellate Tribunal was justified in passing the order dated 2-6-98 rejecting the ground in respect of remuneration of the assessee applicant holding that he is a Director of more than one company. (ii) Whether the Taxes Appellate Tribuna......ule 33(3)(b) of the Income Tax Rules. We find support of our view in the case of Commissioner of Taxes Vs. Mr. Anisul Huque in Reference Application No. 38 of 2001 passed by a Division Bench presided over by his Lordship Mr. Justice Md. Awlad Ali. 9. Thus questions (i) and (ii) are decided in the..Category: Fiscal/Taxation Law | Date: | Hits: 91
Ashique Jeans Apparels Ltd and another Vs. National Board of Revenue and another, 2005, 34 CLC (HCD)
....nufactured with the help of those machineries, including the one which had been used in another factory. With that view, the case of CIT Vs. Indian Aluminum Co. Ltd (1973) 88 ITR 257, 276 was decided holding that (i) the new business need not be a different kind of business, (ii) the newness of the ......ree. Delivery of possession of immovable property cannot by itself him treated as equivalent of conveyance of the immovable property. Thus he submits that the new undertaking if formed through taking over the old machineries under a mortgage or under a lease for a long period forming the new company..Category: Fiscal/Taxation Law | Date: | Hits: 93
Abdur Rahim Chowkider @ Abdur Rahman Sheikh Vs. Raji Haider and others, 2006, 35 CLC (HCD)
....nst the decree. Nor did they challenge the decree in the suit. In the context of such suit, the defendant No. 1 was not required to prove 'Pattan'. The Courts below therefore fell in serious error in holding against the defendant No. 1 for his failure in not adducing evidence on 'Pattan'. Moreover, ......nt No. 1 on the suit land and looted away his belongings by hired goons. The defendant filed a criminal case being GR Case No. 33 of 1988 in the Court of the Upazila Magistrate against the plaintiffs over trespass and looting, which was pending. Having found that they had no hope in their criminal c..Category: Property Law | Date: | Hits: 79
Abu Musa Kutub (Md.) Vs. Secretary, Election Commission and others, 2005, 34 CLC (HCD)
....en. Finding no other efficacious remedy, the petitioner moved this Court and obtained the Rule Nisi. 3. At the time of issuance of the Rule, the petitioner, however, obtained interim order staying holding of the entire election of No. 4, Kaiyerbil Union Parishad. 4. None appears on behalf of r......will vary from case to case. With regard to the School Register it has long been held that it is very common to understate the age when entering a school in order that the boy may not be too old for Government service, vide Mohammad Hashem Vs. Safdar, ILR 14(Lahore) 473. " 13. From the above pron..Category: Election Law | Date: | Hits: 87
Jamal Ahmed alias Jamal Vs. State, 2005, 34 CLC (HCD)
....ereafter, the informant lodged the first information report on 18-4-2004 with Kotwali police station. 3. Kotwali Police station registered the case and took up the case for investigation and after holding investigation submitted charge-sheet being No. 193 dated 25-4-2004 against the petitioner an......een) days more. It is further stated that both sentences will run concurrently. 2. Prosecution case, in short, is that informant Md. Abul Kalam on 17-4-2004 at about 10-00 PM received a phone call over mobile phone from one Jewel who requested him to come at House No. 7 of Block A, Shah Jalal Upo..Category: Criminal Law | Date: | Hits: 65
Abdus Sattar @ A. Sattar @ Sottar Vs. State, 2006, 35 CLC (HCD)
....e of Criminal Procedure was also not examined in the instant case. His another contention is that the learned Judge while passing the order of conviction and sentence also contradicted in his finding holding that a proceeding should be initiated against the informant Milon Kanti Barua for bringing o...... in addition to what he has submitted as above that the appellant is not first information report named accused, no TI Parade was held, Investigating Officer has not been examined and no booty was recovered from the accused-appellant. On the basis of the above submissions, Mr. Khan prays for the acq..Category: Criminal Law | Date: | Hits: 59
Abdul Mazid (Md.) Vs. State, 2006, 35 CLC (HCD)
....an is a man of neighboring house and he deposed that on 5th Bhadra, Friday at about 7-30 PM, he heard outcries from the house of Mazid and rushed there. At that time, he saw accused Mazid to run away holding a knife in his hand. Then, on entering into the house of Mazid, he found that Ansar was lyin......de on 31-1-2000. 6. After the commencement of the trial, the learned Additional Sessions Judge also framed charges against the two accused-persons under sections 302/201 of the Penal Code and read over the same to the accused-persons, who pleaded not guilty of the offences charged with and clamed..Category: Criminal Law | Date: | Hits: 93
Mashriqui Jute Mills Vs. Chairman, Second Labour Court & another, 2005, 34 CLC (HCD)
....No. 1 allowed the case on contest, set aside the said order of dismissal dated 21-7-1996 and ordered for his reinstatement in the job within 30 days from the dale of the judgment with full back wages holding that the dismissal order was issued by an incompetent person which has no legal basis. 4.......nexure C to the petition) is declared to have been made without lawful authority and is of no legal effect. Send down the LC Records at once. Ed. This Case is also Reported in: 58 DLR (2006) 352...Category: Employment/Service Law | Date: | Hits: 67
Ismail Howlader and others Vs. State, 2006, 35 CLC (HCD)
....he informant that the appellants, being his distant uncle Ismail and his four sons, had beaten up Nasir when he demanded the money. So the informant went to appellant Ismail's house and requested for holding a Salish for resolving the dispute. But Ismail denied Nasir's claim for money and refused to......y the appellants on 12-5-1993 at around 5-00 PM on the bank of the Khal at village Debraj under Police Station (shortly PS), Morelganj of District Bagerhat. The killing was the result of a dispute over some money (Taka 19,000) owed by the convict appellants to the victim, and also over a boat alo..Category: Criminal Law | Date: | Hits: 43
Noorjahan Ahmed and others Vs. Tarifuddin Ahmed, 2003, 32 CLC (HCD)
....ntiffs had knowledge about the address of the defendants of Title Suit No. 105 of 1983 but even then it appears that at the relevant time tenants of the plaintiffs, namely Jibon Bima Corporation, was holding and possessing the suit building. Therefore if the summons were served even under Order V, r...... construed as a conspicuous part of the house and therefore the learned Subordinate ought to have held that even substituted service under Order V, rules 17 and 20 was not in accordance with law. Moreover, it appears that PW 5 admitted that the signature of the Mukabila witnesses were not dated and ..Category: Property Law | Date: | Hits: 83
Kazi Moniruzzaman and others Vs. Kazi Nuruzzaman and others, 2006, 35 CLC (HCD)
....fendant opposite parties in this case. 25. We hold that in an appropriate and proper case, the Court must exercise its judicial discretion in granting such leave and thus, we have no hesitation in holding that in an appropriate case where the reasons for non-filing of the documents at the time of......ed order No. 113 dated 6-2-2003 rejecting the application for non compliance of provisions under Order VIII, rule 1(5) of the Code of Civil Procedure. 13. Filing the documents by the plaintiff is governed by rule 14 of Order VII of the Code of Civil Procedure which runs thus: "14. (1) Where a..Category: Property Law | Date: | Hits: 131
Abdur Rashid Salam Vs. Md. Moniruzzaman, 2005, 34 CLC (HCD)
....espect of the suit premises under a renewable agreement of tenancy for a period of 2(two) years which expired on 30-4-2003. The plaintiff-petitioner, however, is in possession of the suit premises by holding over by paying rents through the House Rent Controller in House Rent Case No. 25 of 2003 sin......f the suit premises under a renewable agreement of tenancy for a period of 2(two) years which expired on 30-4-2003. The plaintiff-petitioner, however, is in possession of the suit premises by holding over by paying rents through the House Rent Controller in House Rent Case No. 25 of 2003 since the d..Category: Procedural Law | Date: | Hits: 90
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