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Md. Isahaque Ali and others Vs. State, 2007, 36 CLC (HCD)
.... bail by this Division, are discharged from the respective bail bond. Send down the L.C.R at once. Md. Rezaul Haque J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 93. ......ed version of the prosecution case, it is of great importance. It can be used to corroborate the statement under section 157 or to contradict him under section 145 of the Evidence Act. It is always viewed with grave suspicion when the story made at the trial differs in material particulars from ..Category: Criminal Law | Date: | Hits: 84
....6 of 1980 is hereby set aside and the suit is dismissed.
Send down the lower Court records at once.
Md. Arayes Uddin J.- I agree.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 176.
......) page 194 supports the case of the Appellants/Defendants Nos.1 and 2 wherein the Hon'ble High Court Division has held that ullage survey must prevail over shore tank survey.
12. Therefore, in view of the above facts avid circumstances of the case and in view of the reported decisions cited a..
Category: Admiralty Law or Maritime Law | Date: | Hits: 486
State Vs. Abdul Momin Sardar, 1998, 27 CLC (HCD)
....or securing arrest of the said convict and to put him to jail custody. Communicate the order to the Deputy Commissioner, Satkhira. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 588. ......d to him by this Court should not be cancelled. 2. It appears from the office note dated 16‑11‑96 that notice of the Rule was duly served upon accused‑opposite‑party Abdul Momin Sarder. In view of the same by order dated 25‑2‑98 the Rule was fixed for hearing on 9‑3‑98 in presence..Category: Criminal Law | Date: | Hits: 87
Mohin Uddin (Md.) Vs. State, 2008, 37 CLC (HCD)
.... and sentence is hereby upheld. Send down the original case records at once with the copy of the judgment for taking necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 35. ......y may disbelieve a witness of search and seizure if it appears to him that he is deliberately making obliging statements in favor of the accused falsely in order to save him from legal punishment. In view of the provision of section 134 of the Evidence Act which provides that no particular number of..Category: Criminal Law | Date: | Hits: 92
....05 (Annexure-C) is hereby declared to have been issued without lawful authority and, as such, of no legal effect. Communicate at once.
Ed.
This Case is also Reported in:61 DLR (HCD) (2009) 734.
......riod on the basis of two bank accounts maintained with the Bank of Small Industry and Commerce Bangladesh Limited, Main Branch at Dhaka. On consideration of said transfers, said respondent was of the view that the petitioner evaded payment and/or adjustment of VAT to the extent of Taka 14, 25, 89,14..
Category: Fiscal/Taxation Law | Date: | Hits: 131
....a copy of this judgment and order be sent to the Hon'ble Prime Minister for perusal and necessary action as per our observations made above.
Ed.
This Case is also Reported in:55 DLR (2003) 171.
......asmuch as the officials involved in the process of the impugned approval have acted arbitrarily and against public interest to give advantage to a private party. It has been further submitted that in view of the disclosures made by the contesting respondents that the major change in the basic struct..
Category: Others | Date: | Hits: 113
BRAC vs. National Board of Revenue and another, 2008, 37 CLC (HCD)
....gal and/or unauthorized and as such, of no legal effect. In the result, the Rule is discharged with cost. Communicate at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 245. ......cedure only; it impairs or imperils a substantive right and an enactment which does so is not retrospective unless it says so expressly or by necessary intendment." (Underlined by us). 20. Similar views were followed in the cited cases of Lahore High Court as well as of this Division. 21. Ther..Category: Fiscal/Taxation Law | Date: | Hits: 171
Md. Abul Basher Vs. The Judge, First Artha Rin Adalat, Chittagong and others, 2008, 37 CLC (HCD)
....to dispose of the Artha Rin Execution Case No.208 of 2004 expeditiously. Communicate the judgment to the Adalat concerned at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 208. ...... that the Adalat under misconception of law and facts most illegally and mechanically passed the impugned order rejecting the application under section 37(1) of the Ain, 2003. He next submits that in view of the provision of section 37(1) of the Ain, 2003 the execution case has to be disposed of wit..Category: Civil Law | Date: | Hits: 136
Latif alias Md. Latif Miah and Rabiuzzal Hossain Vs. State, 2005, 34 CLC (HCD)
.... of the Penal Code. Both the convict appellants are discharged from their bail bonds. Send down the lower Court's records at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 410. ...... case by other legal evidence to substantiate the charge against the appellants beyond reasonable doubt. We got substance in the submissions made by the learned Advocate for the appellants. 12. In view of the facts we are of the view that the trial Court committed illegality in convicting the app..Category: Criminal Law | Date: | Hits: 86
.... Mr. Mir Md. Joynal Abedin, the learned Advocate for the petitioners submits that the Courts below have committed error of law resulting in an error in the decision occasioning failure of justice and erroneously decreed the suit. He next submits that the Courts below wrongly treated the plaintiff as......ow are not trained with legal infirmity and perversity justifying interference by this Court. After examining the record of the case and hearing the learned Advocates of both the parties, I am of the view that there is sufficient evidence and materials on record to come to the decisions which have b..
Category: Employment/Service Law | Date: | Hits: 166
Abdul Mannan Mathbar Vs. Nazmul Hoque Majumder and others, 2009, 38 CLC (HCD)
....azzal Hossain, Md. Borhan Uddin the learned Counsel appearing on behalf of the plaintiff-appellant-petitioner submits that the trial Court as well as the lower appellate Court is absolutely wrong and erroneous in dismissing the suit of the plaintiff. Both the Courts below without referring the evide......he case. The learned Counsel for the plaintiff-appellant-petitioner also could not point out any error or illegality or infirmity of law in the Judgment passed by the lower Appellate Court. 17. In view of the discussion made above and the facts and circumstances of the case the Judgment and decre..Category: Civil Law | Date: | Hits: 94
Mrs. Rokeya Begum Vs. Chartered Credit Cooperative Ltd., 2009, 38 CLC (HCD)
....itan Assistant Sessions Judge, 5th Court, Dhaka should not be quashed. 29. The order of stay granted earlier shall stands vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 274. ......ocedure and framed charge under section 138 of the Negotiable Instruments Act fixing on 25.06.2007 for trial. 7. Mr. M. Sayed Ahmed, the learned Advocate for the accused petitioner submits that in view of the fact that the petitioner is admittedly the member of the society and obtained loan as pe..Category: Criminal Law | Date: | Hits: 70
.... in the meantime, if so advised.
The applications for addition of party filed by the different applicants be kept with the record.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 257.
...... survey was conducted beyond knowledge of the applicants and the notice for eviction is illegal and without jurisdiction.
10. We shall address this point later.
(4) This is an application for review of the judgment and order dated 24 and 25 of June, 2009 and the order dated 24.1.2010 at the in..
Category: Environmental Law | Date: | Hits: 731
Sobhan Munshi Vs. State and another, 2010, 39 CLC (HCD)
.... with this case shall be deducted from the period of his sentence as per provisions of Section 35A of the Code of Criminal Procedure. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 37. ......tenceawarded against each of the appellants under Section 19(f) of the Arms Act was maintained. Mr. Rouf further submits that the convict-petitioner could not prefer appeal in time and as such with a view to seeking justice he has approached this forum under Section 561A of the Code of Criminal Proc..Category: Criminal Law | Date: | Hits: 81
State Vs. Delwar Hossain & others, 2011, 40 CLC (HCD)
....ru, Lalu and Shafique be called for. Let a copy of this Judgment and Order be communicated to the Court below concerned at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 356. ......but for the strong resistance made by the informant party they could not be successful. So, such action of the accused was a strong attempt to commit dacoity which amounts to commission of dacoity in view of section 391 of the Penal Code and at the time of occurrence the accused party made incri..Category: Criminal Law | Date: | Hits: 158
Waseq Ullah & Others Vs. Rezia Khatun and Others, 2010, 39 CLC (HCD)
....No.510 in Title Suit No.50 of 1990 is set aside. Title Suit No.50 of 1990 is dismissed. Send down the lower Court records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 300. ......r and acquiescence as the plaintiff did not pray for adverse possession against the principle-defendants. The suit is barred by law of limitation. On issue No.3 learned Judge held that "therefore, in view of such testimony as to knowledge of auction purchase and suit nadabi deed and suit kabala sinc..Category: Property Law | Date: | Hits: 83
Mohammad Ali Vs. Sukur Ali & others, 1985, 14 CLC (HCD)
....ite of the provisions of section 339C Cr.P.C. With the observations as above, this Rule is discharged. Latifur Rahman J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 1. ......isagreed with the A.P.P. and rejected the prayer for revival of the case. Hence this Rule. 4. The learned advocate for the petitioner has frankly expressed his difficulty in pressing the Rule in view of the amended provisions of the Code of Criminal Procedure providing for time limit in disposi..Category: Procedural Law | Date: | Hits: 102
Daud Ali (Md.) and others Vs. State, 2003, 32 CLC (HCD)
....appellants Daud Ali and Rabi Biswas are directed to be set at liberty if not connected with any other case. Record be sent down. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 699. ...... manner Jamir tried to speak something, but the speech was indistinct and not clearly understandable. P.W.1 informant Golam Mostafa appears to have disowned his own first information report story. In view of such above departure from and improvement of the first information report story during depos..Category: Criminal Law | Date: | Hits: 93
....pay VAT, and the amount already deducted from their bills is liable to refund. We direct the parties to bear their respective costs.
Ed.
This Case is also Reported in: 55 DLR (HCD) (2003) 691.
......s to realise VAT by letter dated 11‑5-2002 through deduction from the bills of the PSI company terming them as জরিপ সংস্হা। The activities of PSI agencies fall within the purview of জরিপ সংস্হা (survey agency) and VAT is leviable on those services and th..
Category: Fiscal/Taxation Law | Date: | Hits: 119
....ition as opposite parties is allowed. Petitioners are added as Eighth Fifteenth opposite parties in Civil Revision case.
No cost.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 393.
......l of their lease by the Government on payment of rent, such leassees cannot be held to be necessary parties in a suit in which the leassor Government is a defendant."
14. The crystallized Judicial views emerged from the above Judicial verdicts is that a leassee in possession under the leassor in ..
Category: Property Law | Date: | Hits: 82
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