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Commissioner of Customs and others Vs. Ruhul Amin Bachuchu and others, 2009, 38 CLC (AD)
....of paper book is dispensed with as prayed for. The order of stay granted earlier by this Court is extended till hearing of the appeals. Ed. This Case is also Reported in: VIII ADC (2011) 14. ...... for refund after 2 years 8 months which is clear violation of section 33 of Customs Act, 1969 and in such view of the matter, the order of the High Court Division can not be sustained in view of the principle laid down in 52 DLR (AD) 149. The above submissions merit considerÂation. Leave is ......s) Syed Mahbubur Rahman, Advocate-on-Record-For the Respondent. (In Civil Petition No. 1016 of 2007) Not represented-the Respondent. (In Civil Petition Nos. 1017-1025 of 2007) Civil Petition for Leave to Appeal Nos. 1016-1025 of 2007. (From the judgment and order dated 5.4.2007 passed by......of paper book is dispensed with as prayed for. The order of stay granted earlier by this Court is extended till hearing of the appeals. Ed. This Case is also Reported in: VIII ADC (2011) 14. ..Category: Fiscal/Taxation Law | Date: | Hits: 92
Tarique Rahman Vs. Government of Bangladesh, 2011, 40 CLC (AD)
....of with the above observations and modifications. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 18, 31 BLD (AD)(2011) 34, 19 BLT (AD) (2011)104, 8 LG (2011) AD 90, VIII ADC (2011) 217. ......incompatibility would have to be ascertained from consideration of all the relevant provisions of the new law." 21. In the enquiry to find out the intention of the legislature, one of the cardinal principles of interpretation of the statutes to be followed is that the intention which appears to b......aque, Senior Advocate with Md. Khurshid Alam Khan, Advocate, instructed by Musfiqur Rahman Khan, Advocate-On-Record-For the Respondent No. 3 Not Represented-the Respondent No. 4. Civil Petition for Leave to Appeal No.10 of 2011. (From the judgment and order dated 29.09.2010 passed by the Hi......of with the above observations and modifications. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 18, 31 BLD (AD)(2011) 34, 19 BLT (AD) (2011)104, 8 LG (2011) AD 90, VIII ADC (2011) 217. ..Category: Civil Law | Date: | Hits: 174
Masud Mia (Md.) Vs. State, 2003, 32 CLC (HCD)
.... Md. Masud Mia be set at liberty forthwith if not wanted in connection with any other case. Send down the lower Court's records at once. Ed. This Case is also Reported in: 56 DLR (2004) 352. ......d to get the benefit of doubt. 20. Mr. AFM Mesbahuddin, the learned Advocate for the appellant, cited before us the case of Md. Abdul Khaleque and others Vs. State reported in 12 DLR (SC) 165. The principle of law enunciated in the cited decision supports the submission of the learned Advocate fo......hishu Nirjatan Case No. 51 of 1998 convicting accused-appellant Md. Masud Mia under section 6(1) of the Nari‑o‑Shishu Nirjatan Daman Ain, 1995 and sentencing him thereunder to suffer imprisonment for life. 2. Broad facts relevant for the purpose of the case are that at about 8.00 PM on 15‑4......d the case of rape and her evidence has been sufficiently corroborated by other witnesses, the impugned order of conviction and sentence does not call for any interference by this Court. Point for determination: 9. The only point for determination in the appeal is whether the learned Nari‑oâ..Category: Criminal Law | Date: | Hits: 45
Saifuzzaman (Md.) Vs. State and others, 2003, 32 CLC (HCD)
....4730 of 2001 arising out of Tejgaon PS Case No. 98 dated 28‑12‑2001 are hereby set aside. The detenus are released of their bail bonds. Ed. This Case is also Reported in: 56 DLR (2004) 324. ......tution of India, which corresponded to Article 15A in the draft bill, Dr. BR Ambedkar said: "Article 15A merely lifts from the provisions of the Criminal Procedure Code two of the most fundamental principles which every civilized country follows as principles of international justice. It is quite...... 1972 SC 711; SK Dey Vs. Officer-in-charge Sukchi PS, AIR 1974 SC 871; Natobar Parida and others Vs. State of Urishaw, AIR 1975 SC 1465; State of MP Vs. Mobarak Ali, AIR 1959 SC 707; Directorate of Enforcement Vs. Deepak Mahajan, AIR 1994 SC 1775 and Abhinandan Jha Vs. Dinesh Mishra, AIR 1968 SC 117......e custody or in jail custody and any deviation against this clear intention is likely to create all impression that the Magistrate has made himself subservient to the police in utter disregard to the determination of the question of liberty of the citizens." In Khondker Mustaque Ahmed's case, the..Category: Criminal Law | Date: | Hits: 70
Harun‑or‑Rashid Vs. State, 2003, 32 CLC (HCD)
....f the prayer for bail of accused-appellant Harun be accordingly upheld. Copy be sent at once for information and guidance. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 318. ......Âmandatory. 11. It is true that present problem is not with regard to non‑compliance of any provision of a statute, but it relates to the direction of the Court (High Court Division). Above principle is also applicable in the present problem. Nothing is evident in order dated 27‑11‑200......ent Md. Abdul Quddus J.- This Criminal Appeal No. 3105 of 2003 under section 28 of the Nari‑o‑Shishu Nirjatan Daman Ain, 2000 is directed against order dated 26‑7‑2003 rejecting prayer for bail of accused‑appellant Harun‑or‑Rashid @ Harun in Nari‑o‑Shishu Case No. 639/02 by ......f the prayer for bail of accused-appellant Harun be accordingly upheld. Copy be sent at once for information and guidance. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 318. ..Category: Criminal Law | Date: | Hits: 72
State Vs. Ershad Ali Sikder and others, 2003, 32 CLC (HCD)
....2000 so far Ayub Munshi alias Ayub Ali Khan is concerned is set aside. Lower court's record be sent down as immediate as possible. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 305. ......efined as "murder" in section 300 of the Penal Code and is punishable under section 302 of the Penal Code which is either Death or Imprisonment for Life. 17. Section 34 of the Penal Code lays down principles of Joint Liability in doing of a criminal act. Essence of that liability is to be found i......No. 1037 of 2000. Judgment AK Badrul Huq J.- For murder and, thereafter, disappearance of dead body of Md Jahangir Kabir Fatik, an Advocate, Ershad Ali Sikder, LM Liaquat alias Liaquat Lashkar (for short Liaquat Lashkar) , ldrish Ali Talukder alias ldris Jamai (shortly ldris Jamai), Noor Alam,......root of prosecution case and convict-appellant Abdus Sabur had been sufficiently identified and marked as the person " Who took victim Fatik outside the house. 13. The core questions surviving for determination are: i. Whether awarding of conviction and sentence upon condemned prisoners and co..Category: Criminal Law | Date: | Hits: 69
Shibu Pada Acharjee Vs. State, 2003, 32 CLC (HCD)
....neral of Police, Police Head Quarter, Dhaka IV. Superintendent of Police, Comilla. Lower Court's Record be sent down immediately. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 285.......nce was to provide deterrent punishment to offenders for offences for cruelty to women and for offences connected therewith including commission of rape. 32. It is posited out here that elementary principle of interpreting or construing an Ordinance or Statute is to gather its true intention. The......Involved: Shamsuddin Babul with JBM Hassan, AdvocatesÂ-For the Appellant. Md Abdul Baset, Assistant Attorney-General-For the State-Respondent. Farida Khan with Masuda Rehana Begum-For the Informant-Added-Respondent. Criminal Appeal No. 1687 of 1996. Judgment AK Badrul Huq J.- Crim......neral of Police, Police Head Quarter, Dhaka IV. Superintendent of Police, Comilla. Lower Court's Record be sent down immediately. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 285...Category: Criminal Law | Date: | Hits: 64
Abu Talukder Vs. State, 1999, 28 CLC (HCD)
....u Talukder be set at liberty forthwith, if not wanted in connection with any other case. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 188.......u Talukder be set at liberty forthwith, if not wanted in connection with any other case. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 188.......by the Sessions Judge, Jhalakati in Sessions Case No.20 of 1990 (arising out of GR Case No. 17 of 1987) convicting the accused appellant under sections 302/34 of the Penal Code to suffer imprisonment for life and to pay a fine of Taka 3000.00, in default, to suffer RI for a further period of six mon......ellant Abu Talukder and co-accused Jahangir Hossain as stated above. Being aggrieved by the aforesaid judgment and order, accused appellant Abu Talukder preferred this appeal from jail. Point for determination. 6. The only point for determination in the appeal is whether the learned Sessions ..Category: Criminal Law | Date: | Hits: 52
Pak Eastern Industries Ltd. Vs. DC, Dhaka and another, 2004, 33 CLC (HCD)
....hin a period of three months from date of receipt of this order, positively. Send down the records at once. Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004)259. ...... property in the Government under the Act. Therefore, the property is acquired when the gazette notification is published under section 5(7) of the Act, and the law in force on that day regarding the principles and manner of payment of compensation shall be governing law." 37. With regard to the ......resented a cross-appeal from same order. 3. On or about 29‑11‑2000, the owner made an application under section 7(aaa) of the (Emergency) Requisition of Property Act, 1948 (Act XIII of 1948) before the arbitrator for compensation of Taka 179,16,50,000 for acquisition of 11.575 acres of land. ......ngladesh Vs. Abdul Mannan and others, 29 DLR 17 and Abdul Gafur Khan and others Vs. Bangladesh, 36 DLR (AD) 163. 16. On the other hand Mr. AKM Nazrul Islam, learned Senior Advocate, submitted that determination of price of the land by the arbitrator was imaginary, baseless and against the law and..Category: Property Law | Date: | Hits: 77
Shafiqul Islam Shimul (Md) Vs. Bangladesh, 2003, 32 CLC (HCD)
..... 478923 and 100 bullets by the respondent No.5 are declared to have been made without lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 239. ...... of the opposition party and hence earned wrath of the Member elected from the ruling party who also became a Hon'ble Deputy Minister, that the District Magistrate cancelled the licence violating the principle of natural justice without issuing a notice and even did not communicate the cancellation ......In the application it has been stated that the petitioner is General Secretary, District Committee of youth front of the main opposition political party of the country and a bona fide businessman and for his protection he was given a licence in 1998 to hold a Rifle and he renewed the said licence fr....... 478923 and 100 bullets by the respondent No.5 are declared to have been made without lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 239. ..Category: Criminal Law | Date: | Hits: 63
.... the result, the Rule is made absolute without however any order as to cost.
Let the lower Court records be sent down immediately.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 179.
......lation of registration of the petitioner’s union; that so notice to show cause was served upon them nor was there any enquiry held in their presence and accordingly, the order passed is against the principle of natural justice; that the finding of the Second Labour Court that the petitioners membe...... briefly (IRO) on 10-3-91 bearing Registration No.B-1935.
3. Facts of the petitioner’s case, briefly stated, are:
(a) that respondent No.2, the Registrar of Trade Union filed an application before the Chairman, Second Labour Court Dhaka under section 10(2) of the Industrial Relations Ordinan...... the result, the Rule is made absolute without however any order as to cost.
Let the lower Court records be sent down immediately.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 179.
..
Category: Labour and Industrial Law | Date: | Hits: 186
M/S. OK International Vs. Commissioner of Customs & others, 2009, 38 CLC (AD)
....sed. However the authority concerned may consider to give benefit if any to the appellant under the registration scheme. This Case is also Reported in: 16 MLR (AD) (2011) 83, 63 DLR (AD) (2011) 122.......sed. However the authority concerned may consider to give benefit if any to the appellant under the registration scheme. This Case is also Reported in: 16 MLR (AD) (2011) 83, 63 DLR (AD) (2011) 122.......ing the Rule. 2. The facts of the cases are more less similar however the facts of the Writ Petition Nos. 511 of 1998 are as under:- The appellant, a firm, encouraged by the registration of his foreign supplier by the National Board of Revenue under Import Particulars Registration Scheme pursu......sed. However the authority concerned may consider to give benefit if any to the appellant under the registration scheme. This Case is also Reported in: 16 MLR (AD) (2011) 83, 63 DLR (AD) (2011) 122...Category: Fiscal/Taxation Law | Date: | Hits: 86
Bangladesh Jute Mills Corporation Vs. Maico Jute and Bag Corporation and others, 2002, 31 CLC (HCD)
....e Metropolitan Chamber of Commerce and Industry for arbitration in accordance with clause 18 of the contract. Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 224. ......ut we could not find any Bengali words or phrase, the underlined English words 'files a legal proceeding in a Court' and 'judicial authority' in the English reading were translated from. Applying the principle for interpretation in case of conflict between Bengali and English versions as ordained by......on under section 115 of the Code of Civil Procedure against order No. 13 dated 25‑11‑2001 passed by Subordinate Judge, Court No. 5 at Dhaka in Title Suit No. 31 of 2001, which rejected the prayer for stay of further proceedings of the suit. 2. Opposite party No.1, a firm engaged in exporting ......e Metropolitan Chamber of Commerce and Industry for arbitration in accordance with clause 18 of the contract. Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 224. ..Category: Alternative Dispute Resolution | Date: | Hits: 245
Shamsul Alam and another Vs. State, 2002, 31 CLC (HCD)
....sed and the conviction and sentence passed on 23‑7‑1998 are hereby confirmed. Records of the trial Court be sent down at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 218. ......sed and the conviction and sentence passed on 23‑7‑1998 are hereby confirmed. Records of the trial Court be sent down at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 218. ...... of 1995 (out of Baskhali PS Case No. 7(12) 1993 convicting the accused appellants Shamsul Alam and Razzak under sections 395/397 of the Penal Code and sentencing each of them thereunder to suffer RI for 7 (seven) years and to pay a fine of Taka 1000 (one thousand) in default to suffer RI for 1 (one......ating that they were falsely involved into the alleged occurrence and they have been falsely implicated in this case and they have been convicted by adducing false evidence. 10. The only point for determination in this appeal is, whether the learned trial Judge was justified in passing the impugn..Category: Criminal Law | Date: | Hits: 54
Abdur Rahman Kha (Md) Vs. State, 2002, 31 CLC (HCD)
....er be heard afresh by the learned Judge and orders be passed in accordance with law. The stay order passed earlier stands vacated. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 213. ...... social interest of the community at large and so it is for the State to take all the steps necessary for bringing the person who has acted against the social interests of the community to book. This principle applies to the facts of the present case. The State has not come forward in revision again......For the Petitioner Mainul Hosein with Md. Mozzamel Huq, Advocates-For the Opposite Party No. 2. Criminal Revision No. 579 of 2000. Judgment Amirul Kabir Chowdhury J.- At the instance of informant Md. Abdur Rahman Kha, on an application under section 439 of the Code of Criminal Procedure,......er be heard afresh by the learned Judge and orders be passed in accordance with law. The stay order passed earlier stands vacated. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 213. ..Category: Criminal Law | Date: | Hits: 82
GM Morshed Vs. City Bank Ltd. and others, 2004, 33 CLC (HCD)
....r granted by this Court on 11‑11‑2001 is hereby recalled. Communicate the order to the learned Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 205. ......he opposite party No.1, Bank, by filing counter-affidavit, submits that duly authorised attorney of the Bank can always file the petition of complaint on behalf of the Bank which has become a settled principle of law. In this connection he cited a decision reported in 11 BLT (AD) 149 (Hasibul Bahar ......y the proceeding of Petition Case No. 1741 of 2000 under section 138 of Negotiable Instruments Act, 1881 now pending in the Metropolitan Magistrate, Dhaka should not be quashed. 2. Necessary facts for the purpose of disposal of the Rule, in brief, is that the opposite party No.1 as complainant fi......r granted by this Court on 11‑11‑2001 is hereby recalled. Communicate the order to the learned Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 205. ..Category: Banking Law | Date: | Hits: 237
State Vs. Ershad Ali Sikder and others, 2004, 33 CLC (AD)
....dris Jamai be set at liberty forthwith if not wanted in connection with any other case. Send down the lower court records at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 185. ......tion of an oath to an accused person is opposed to public policy and any infringement of the provision prohibiting the Court from putting him under oath is an illegality, which cannot be cured on any principle of consent, waiver or estoppel. Such administration of oath to an accused is an express st......nd Jail Appeal No. 817 of 2001. Judgment SK Sinha J.- This reference under section 374 of the Code of Criminal Procedure has been made by the learned Additional Sessions Judge, 1st Court Khulna for confirmation of sentence of death awarded to the condemned prisoners Ershad Ali Sikder, Faruk Ja......dris Jamai be set at liberty forthwith if not wanted in connection with any other case. Send down the lower court records at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 185. ..Category: Criminal Law | Date: | Hits: 110
Babul Sikder and others Vs. State represented by the DC, 2003, 32 CLC (HCD)
....kerganj) in respect of accused‑appellant Babul Sikder is maintained. Lower Court's Record be sent down as immediate as possible. Ed. This Case is also Reported in: 56 DLR (HCD) (2004)174. ...... iii) Whether fortune shall smile upon accused-appellants on a verdict of acquittal upon them on concept of Criminal Jurisprudence of benefit of doubt? 3. In approaching the questions the cardinal principles of Criminal Jurisprudence in awarding conviction upon accused‑appellants for offence co......ed relationship which existed between two families living in same homestead resulted in extermination of eldest member and head of one family Ismail Kha. The consequent Judicial verdict of conviction for offence of sections 302/34 of The Penal Code and sentence of imprisonment for life upon three (3......kerganj) in respect of accused‑appellant Babul Sikder is maintained. Lower Court's Record be sent down as immediate as possible. Ed. This Case is also Reported in: 56 DLR (HCD) (2004)174. ..Category: Criminal Law | Date: | Hits: 54
Grameen Telecom Vs. Dr. Rowshan Alam and others, 2010, 39 CLC (AD)
....y to the suit. We, therefore, find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 69, VIII ADC (2011) 43. ......urther contends that the High Court Division failed to consider that the petitioner is not compelling the plaintiffs to continue the suit against his will rather the petitioner asserts the underlying principle of Order 23 Rule 2 of the Code of Civil Procedure which prevents a litigant from instituti......ord-For the Petitioner. T.H. Khan, Senior Advocate, instructed by Md. Abtab Hossain, Advocate-on-Record-For Respondent Nos. 1 and 2. Not Represented-For Respondent Nos.3-75. Civil Petition for Leave to Appeal No. 2029 of 2010. (From the judgment and order dated 25.7.2010 passed by the ......y to the suit. We, therefore, find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 69, VIII ADC (2011) 43. ..Category: Procedural Law | Date: | Hits: 115
Ocean Containers Ltd. Vs. Government of BanglaÂdesh and others, 2002, 31 CLC (HCD)
....id SRO are illegal and without jurisdiction. In the result, the Rule is made absolute for the above reasons without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 250.......enacting section 46A, which is not permissible in law. Because the said SRO dated 2‑12‑1999 issued by the NBR is a subordinate legislation. The learned Advocate for the petitioner also argues the principle of legitimate expectation submitting that since section 46A provides for tax exemption on ......ercial basis under certain conditions provided such undertaking was established in between the first day of July, 1995 and 30th June, 2000 (both days inclusive) and an application was made to the NBR for such tax exemption within 180 days from the date of commencement of its commercial production/op......id SRO are illegal and without jurisdiction. In the result, the Rule is made absolute for the above reasons without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 250...Category: Fiscal/Taxation Law | Date: | Hits: 86
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