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M/s. Sonali Agency Vs. Chairman, National Board of Revenue and others, 2008, 37 CLC (HCD)
....ner of Taxes opposing the Rule. In the affidavit, it is mainly stated that the question of introduction of fresh capital of taka 13,75,000.00 was never considered in any of the assessments. 8. The facts stated hereinabove do not admit of any controversy. It appears from the assessment of the Depu......having address at 356, Jamal Khan Road, P.S. Kotwali, District-Chittagong, represented by its Proprietor Khalil Ahmed………………….Petitioner Vs. The Chairman, National Board of Revenue and others………………….Respondents Judgment March 9, 2008. Result: The Rule is ......y controversy. It appears from the assessment of the Deputy Commissioner of Taxes for the assessment year in question that he considered such introduction of fresh capital of taka 13,75,000.00 as was evidenced in the balance sheet in the debt and liabilities side. He found the investment verifiable ..Category: Fiscal/Taxation Law | Date: | Hits: 94
Md. Hafizur Rahman and others Vs. Government of Bangladesh and others, 2012, 41 CLC (HCD)
....result the wards are still remaining with the municipality. With the passage of time, socio-economic conditions of the people and infrastructure of the area have also been developed. 14. Under the facts and circumstances, it is expected that the Government will decide the matter in accordance wit...... agree. This Case is also Reported in: ......cipality or union every when and then except in due process of law. Thus the Rule is disposed of with the above observations. Mohammad Bazlur Rahman J. - I agree. This Case is also Reported in: ..Category: Civil Law | Date: | Hits: 131
Shahidul Haque and others Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....direction upon the respondents to prepare a fresh voter list and declare a fresh schedule for holding the election, but the Rule was issued only against the legality of voter list. Under the peculiar facts and circumstances, this Court can interfere with the illegal voter list and pass necessary dir...... - I agree. This Case is also Reported in: ......d the next election of the central executive committee of NASCIB in accordance with law within six months from taking charge. Mohammad Bazlur Rahman J. - I agree. This Case is also Reported in: ..Category: Civil Law | Date: | Hits: 114
Md. Fazlul Haque and others Vs. Government of Bangladesh and others, 2012, 41 CLC (HCD)
.... on 18.1.2012 supported by a supplementary affidavit-in-opposition affirmed on 25.7.2012 contending, inter alia, that the writ petitioners obtained the Rule and order of stay suppressing the material facts that earlier respondent No.7 Kofiluddin as petitioner moved Writ Petition No.480 of 1997 befor...... I agree. This Case is also Reported in: ......directed not to evict the petitioners from the plot in question until a new plot is allotted and handed over in their favour. Mohammad Bazlur Rahman J. - I agree. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 82
Md. Raqib Sheikh Vs. State, 2005, 34 CLC (HCD)
....or one month. Send down the lower Court's records at once with a copy of this Judgment for information and taking necessary action. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 57. ......ney-General with Parvin Hannan, Assistant Attorney-General - For the Respondent. Criminal Appeal No.2085 of 2000. Judgment AKM Fazlur Rahman J.- This appeal is directed against the Judgment and order dated 13.8.2000 passed by the Additional Sessions Judge, 4th Court, Khulna in Sessions Cas...... and claimed justice. Trial was held in absence of absconding accused Ful Baru. 4. The defence case as it appears from the trend of cross-examination of the prosecution witnesses and also from the evidence adduced by the defence is that of innocence and false implication. Positive defence taken b..Category: Criminal Law | Date: | Hits: 69
Md. Omar Faruque Vs. State and another, 2007, 36 CLC (HCD)
....the Penal Code now pending in the Court of Magistrate, 1st Class, Kushtia should not be quashed and/or such other or further order or orders passed as to-this-Court may seem fit and proper. 2. The facts of the case, in short, is that on 22.03.2004 at about 22.50 hours one Md. Akhtaruzzaman, Manag......reme Court High Court Division (Criminal) Present: Sharif Uddin Chaklader J Shiekh Abdul Awal J Md. Omar Faruque…………………………Accused-Petitioner Vs. The State and another……………………………Opposite parties Judgment January 29, 2007. Res......e learned Advocate further submits that the allegation of misappropriation money whether malicious or not that is a matter of fact, which should be decided by the trial Magistrate after assessing the evidence and as such the rule is liable to be discharged. 9. We have heard the learned Advocates ..Category: Criminal Law | Date: | Hits: 92
Badsha Alam Vs. State, 2006, 35 CLC (HCD)
....tagong under the Food for work Programme but the accused Badsha Alam without utilizing the entire amount for that purpose misappropriated the value of wheat at Tk.20,187.52. On the basis of the above facts, Boalkhali Police Station case No.6(2) of 1987 dated 28.02.1987 was started and Mr. Mobinul Is......arch 14, 2006. Result: The appeal is allowed. In a criminal case, the prosecution can call upon the court to record its verdict of guilty only when it has proved its case by cogent and legal evidence. Suspicion however so high is no substitute of legal evidence and it can never fo......006. Result: The appeal is allowed. In a criminal case, the prosecution can call upon the court to record its verdict of guilty only when it has proved its case by cogent and legal evidence. Suspicion however so high is no substitute of legal evidence and it can never form the bas..Category: Criminal Law | Date: | Hits: 76
Labai Pramanik @ Nabab Ali Vs. State, 2005, 34 CLC (HCD)
....e of the house of Shunai he heard Shunai and 3/4 persons talking in the shop that Shunai dropped Labai and his wife in his rickshaw but Labai killed his wife and that when he asked Shunai about those facts he told him that on 15.7.89 he (Shunai) boarded Labai and his wife in his rickshaw from Ananta...... The State…………………………………………………………………………..Respondent Judgment July 3, 2005. Result: The Appeal is allowed. Lawyers Involved: Khandakar Saiful Hoque with Khalilur Rahman and Mohmud Hossain Imam-For the Appellants. Golam Kibri......uitted the other co-accused from the charges brought against them. 6. Mr. Khandakar Saiful Islam, the learned Advocate appearing for the convict appellant submitted that in fact there was no legal evidence to prove that deceased Shahida Khatun was the wife of sole appellant Labai, therefore, the ..Category: Criminal Law | Date: | Hits: 80
Md. Arfan Khan Vs. Bangladesh and others, 2012, 41 CLC (HCD)
.... that the petitioner not only committed misconduct, but also violated the mandate of law as well as the terms and conditions of his license. Moreover, he obtained the Rule by suppressing the material facts relating to service of notice upon him and as such the Rule is liable to be discharged. 8. ......h Court Division (Special Original Jurisdiction) Present: Mohammad Bazlur Rahman J Md. Ruhul Quddus J Md. Arfan Khan …………………………......Petitioner Vs. Bangladesh and others……………………....Respondents Judgment July 15, 2012. Result: The Ru......erit in the Rule. Accordingly the Rule is discharged. Stay granted at the time of issuance of the Rule is vacated. Mohammad Bazlur Rahman J. - I agree. Ed. This Case is also Reported in: ..Category: Constitutional Law | Date: | Hits: 407
Hajee Helal Uddin Ahmed Vs. National Sports Council and others, 2012, 41 CLC (HCD)
....e through the unreported decision cited by the learned Advocate for the petitioner, wherein the Rule was held to be not maintainable on the reason: “As the matter relates to disputed question of facts relating to internal affairs of Satkhira District Sports Association and the writ petitioners ......ion (Special Original Jurisdiction) Present: Mohammad Bazlur Rahman J Md. Ruhul Quddus J Hajee Helal Uddin Ahmed............................Petitioner Vs. National Sports Council and others.....................Respondents Judgment November 22, 2012. Result: The Rule......Accordingly, the Rule is discharged without any order as to cost. The interim order of stay passed earlier is vacated. Mohammad Bazlur Rahman J. - I agree. Ed. This Case is also Reported in: ..Category: Others | Date: | Hits: 94
....(annex-J). Pursuant to the said letter, the Director (Welfare) of the Trust prepared an office note on 10.5.1999 contents of which are self explanatory and reproduced below for better appreciation of facts.
“ব্যবস্থপনা পরিচালক মহোদয়ে ৪৮ ও ৪......
Ed.
This Case is also Reported in:
......ter will be dealt strictly. Petitioner 4 Taj Nehar Begum will furnish her account number to the Trust within a month.
Mohammad Bazlur Rahman J. - I agree.
Ed.
This Case is also Reported in:
..
Category: Others | Date: | Hits: 103
Md. Rakibul Islam and others Vs. Anwar Hossain and another, 2009, 38 CLC (HCD)
....ned Assistant Judge, Bhedargonj, Shariatpur in Title Suit No.11 of 1993 should not be set aside and or pass such other or further order or orders as to this Court may seem fit and proper. 2. Short facts of the case are as follows:- On 03.03.93 plaintiff (petitioner herein) filed Title Suit No.......wn the L.C. Records immediately. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 395. ......dant No.1 nor possession of the suit land was handed over to the plaintiff. 4. P.Ws. and 2 D.Ws. were examined in support of their respective cases. The learned trial Court on consideration of the evidence and materials on record by his judgment and decree dated 27.04.1996 decreed the suit. As ag..Category: Property Law | Date: | Hits: 103
Md. Akkas Ali Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....n of the new Complex Bhaban thereon is not justiciable. In such view of the matter, we hold that the present Writ Petition is not maintainable. In the light of the foregoing discussions and in the facts and circumstances of the case, we find no merit in the Rule. The Rule, therefore, fails. Ac......ion (Special Original Jurisdiction) Present: Moyeenul Islam Chowdhury J AKM Abdul Hakim J Md. Akkas Ali…………………………Petitioner Vs. The Government of Bangladesh and others……………………………..Respondent Judgment May 31, 2010. Result: ......case, we find no merit in the Rule. The Rule, therefore, fails. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 390. ..Category: Administrative Law | Date: | Hits: 261
Haji Azizur Rahman and others Vs. Syeedul Haque Chowdhury, 1985, 14 CLC (HCD)
....nal offence against an accused. The learned Magistrate appears to have passed an order arbitrarily in the instant case without assigning any reason whatsoever and without applying his mind to the facts of the case. In this view of the matter we do not find any illegality in the impugned order of......upreme Court High Court Division (Chittagong Bench) (Criminal Revisional Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J Md. Abdul Jalil J Haji Azizur Rahman and others………………………Petitioner Vs. Syeedul Haque Chowdhury………………......bitrarily stated, exercising his power under section 241A Cr.P.C. that the offences have not been proved which finding he has no jurisdiction to give without giving the prosecution a chance to adduce evidence because there is a world of difference between making out a prima facie case arid proving a..Category: Procedural Law | Date: | Hits: 78
Mostafizur Rahman (Md.) Vs. State, 1993, 22 CLC (HCD)
....ast contention of the learned Advocate for the appellant is on the merit of the appeal. He strongly submits that the appellant is innocent and he has been falsely implicated in this case and that the facts and circumstances of the case and the evidences on record though without cross‑examination d...... No.724 of 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...... same was read out and explained to him when he pleaded not guilty to the said charge and claimed to be tried in accordance with law. The learned Special Judge fixed 12‑11‑89 as the next date for evidence for the prosecution and on that date again an application was filed on behalf of the accuse..Category: Criminal Law | Date: | Hits: 110
Doon Valley Rice Limited Vs. MV Yue Yang and others, 1996, 25 CLC (HCD)
....and the defendant No.8 is the agent of defendant No.1 in Bangladesh. There are other defendants, but for the purpose of disposal of these applications they are not required to be mentioned. 6. The facts of the case as is transpired from the plaint appears to be that the defendant No.5 Orchard Lim......531. ...... well as the application for the return of the plaint are rejected. And the suit is held to be maintainable in Admiralty Jurisdiction. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 531. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 258
Shahinur Begum Vs. Md. Minarul Islam Mondol @ Miton, 1997, 26 CLC (HCD)
....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. ......ment June 9, 1997. Result: The Rule is made absolute. Enhancement or reduction of dower Dower fixed on the basis of Kabinnama between the parties cannot either be enhanced or reduced and oral evidence cannot be accepted to reduce the amount. Only wife can remit the dower or part the......une 9, 1997. Result: The Rule is made absolute. Enhancement or reduction of dower Dower fixed on the basis of Kabinnama between the parties cannot either be enhanced or reduced and oral evidence cannot be accepted to reduce the amount. Only wife can remit the dower or part thereof in f..Category: Family Law | Date: | Hits: 122
State Vs. Secretary, Ministry of Home Affairs and others, 2009, 38 CLC (HCD)
.... relating to the proceeding of the Court martial which took place against the five taskforce security officials engaged on security duty at the relevant time at Zia International Airport. 3. The facts, in brief, are that on 14-4-2008 one Barrister Rezwan Hossain, a British National of Banglades......e Court High Court Division (Special Original Jurisdiction) Present: Md. Imman Ali J Sheikh Abdul Awal J State...............Petitioner Vs. Secretary, Ministry of Home Affairs and others................Respondents Judgment April 28, 2009. Result: The Rule is dis......e learned Advocates and also the Judge Advocate General of the Air Force. With the above observations, the Rule is disposed of. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 183. ..Category: Others | Date: | Hits: 87
Rakibuddin Talukder Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
....ing Other Class Appeal No.47 of 1984 and dismissing the suit by reversing those of dated 11-03-1984 passed by the learned Munsif, Sirajganj, Decreeing the Other Class Suit No.259 of 1980. 2. Short facts leading to this Rule are that on 04-07-1980, the petitioner as plaintiff instituted Other Clas......preme Court High Court Division (Civil Revisional Jurisdiction) Present: Syed Md. Ziaul Karim J Rakibuddin Talukder......................Petitioner Vs. Government of Bangladesh and others.......................Opposite Parties Judgment January 27, 2009. Result: The......intiff) proved his documents which were exhibited and marked as exhibits 1-6, P.W.2, P.W. Md. Wahejuddin and P.W.3 Md. Wabiraddin Talukder are the local witnesses who were examined to corroborate evidence of P.W.1 hi respect of possession. 9. The defendants examined six witness, of them, Md. ..Category: Property Law | Date: | Hits: 76
Shahid Mia and another Vs. State and another, 2007, 36 CLC (HCD)
....lants are released from their respective bail bonds. Send down the lower Court records at once along with a copy of the judgment. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 303. ....... Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 303. ......ellants are innocent and they have been falsely implicated in this case and as such they should be acquitted of the charge levelled against them. He then submits that the instant case is a case of no evidence and the prosecution miserably failed to prove the guilt of the accused-appellants. He submi..Category: Criminal Law | Date: | Hits: 83
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