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Jaibar Ali Fakir Vs. The State, 2008, 37 CLC (HCD)
....(Renumbered from Jail Appeal No.12 of 1986) Judgment Md. Imman Ali J. - This appeal preferred by appellant Jaibar Ali Fakir is directed against the judgment and order of conviction and sentence dated 23.9.85 passed by the learned Additional Sessions Judge-in-Charge of Sessions Judge’s Court,......y, inaccurate statements may be the result of comparatively “immature” juvenile thought processes. Experts suggest that adolescents may see different options than an adult would when faced with a decision. Juveniles may also place a different value on their options than adults, such as emphasizi..Category: Women and Children | Date: 6 Mar, 2008 | Hits: 174
Kazi Ali Ahmed Vs. Mohammad Nurunnabi and others, 2008, 37 CLC (HCD)
....vil Revision No.1760 of 2006. Judgment Syed Abu Kowser Md. Dabirush-Shan J.- This Rule was issued calling upon the opposite party No.1-3 to show cause as to why the impugned judgment and decree dated 24.4.2006 and 30.4.2006 respectively passed by the learned Joint District Judge, 1st Court, Na......acted beyond his jurisdiction under Section 115 of the Code of Civil Procedure in setting aside the concurrent finding of facts and sending back the case on remand to the trial Court." 11. Another decision was also cited by the learned Counsel in the case of Munsur Ali Mallik Vs. Md. Nurul Haque ..Category: Property Law | Date: 5 Mar, 2008 | Hits: 28
Abdul Khaleque and others Vs. Akhtaruzzaman Mia and others, 2008, 37 CLC (HCD)
....es. Civil Revision No.393 of 2007. Judgment Bijan Kumar Das J.- This rule was issued calling upon the opposite party Nos. 1-8 to show cause as to why the impugned judgment and decree dated 15.8.2006 passed by the learned Joint District Judge, Panchagar in Other Appeal No.10 of 2005......s then preferred Other Appeal No.10 of 2005 before the learned District Judge, Panchagar. The learned Joint District Judge, Panchagar, who heard the said appeal, concurred with all the findings and decisions of the trial court and by the impugned judgment and decree dated 15.8.06 dismissed the a..Category: Property Law | Date: 18 Feb, 2008 | Hits: 7
Farid Miah (Md.) Vs. State, 2008, 37 CLC (HCD)
.... Criminal Appeal No.1476 of 2004. Judgment Siddiqur Rahman Miah J.- This Criminal Appeal under section 410 of the Code of Criminal Procedure is directed against the judgment and order dated 24-3-2002 passed by the learned Additional Sessions Judge, 2nd Court, Kishoregonj in Sessions......her they be discretionary or obligatory. It is the duty of a Court not only to do justice but also to ensure that justice is being done…………………….(39) The Court has to come to a decision on the basis of evidence adduced before it by the parties. If the finding of guilt of the..Category: Criminal Law | Date: 14 Feb, 2008 | Hits: 5
Sefina Ferdousi @ Shimla and another Vs. Jaohar Kabir and others, 2008, 37 CLC (HCD)
....Md. Abu Tariq J.- By this application under section 115 of the Code of Civil Procedure whereupon a Rule was issued calling upon the opposite party No.1 to show cause as to why the judgment and decree dated 14.05.2005 passed by the learned Additional District Judge in Paribarik Appeal No.32 of 2005 r...... of the mother and the welfare of minor baby the defendant mother is entitled to the custody till attainment of seven years of age. 9. The plaintiff opposite party being aggrieved by the aforesaid decision sought for setting aside the same through appeal before the learned District Judge, Dhaka. ..Category: Women and Children | Date: 3 Feb, 2008 | Hits: 142
Abdul Latif (Md.) Vs. Mohammad Ali, 2008, 37 CLC (HCD)
.... Civil Revision No. 2484 of 1999. Judgment Salma Masud Chowdhury J. - This Rule was issued calling upon the opposite party Nos. 1 to 19 to show cause as to why the judgment and decree dated 7-2-1999 passed by the learned Subordinate Judge, 2nd Court, Kurigram in Other Appeal No. 36 o......share of the estate or to specific land of the estate and asserts a hostile title and adverse possession therein as in the present case. The appellate Court whether reversing or affirming the decision of the trial Court must independently consider the evidence on record but in the case of a..Category: Property Law | Date: 28 Jan, 2008 | Hits: 31
Ilias (Md.) Vs. Md. Zahed Chowdhury (Paban), 2008, 37 CLC (HCD)
....or Opposite Party Nos. 1, 3-8. Civil Revision No. 706 of 2000. Judgment MA Wahhab Miah J.- This Rule was issued calling upon opposite parties No. 1-8 to show cause as to why the orders dated 28-7-1998, 2-8-1998. 7- 10-1998, 11-1-1999, 28-2-1999, 3-5-1999, 16-6-1999, 26-7-1999, 22-9-19......ion under the provisions of Order XI, rule 21 of the Code, but the Court below sat over the application filed by the petitioners under the said provisions of law which has resulted in an error in the decision occasioning failure of justice and, as such, calls for interference by this Court. Mr. Faro..Category: Procedural Law | Date: 28 Jan, 2008 | Hits: 210
Nabab Khan Vs. Commissioner of Taxes, 2008, 37 CLC (HCD)
....arker, Assistant Attorney General — For the Respondent. Reference Application No. 261 of 2002. Judgment Md. Abdur Rashid J. - The above reference was presented against an order dated 19-9-2002 passed by the Taxes Appellate Tribunal in ITA No. 4319 of 2001-2002 in respect of a......; 4. Against the said order, the Deputy Commissioner of Taxes appealed to the Taxes Appellate Tribunal. By order dated 27-3-2001 the Appellate Tribunal dismissed the appeal and affirmed the decision of the First Appellate Authority. 5. After receipt of the said order of the Appellate..Category: Fiscal/Taxation Law | Date: 22 Jan, 2008 | Hits: 13
Sultana Hashem Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
....titioner is the wife of the detenu. The detenu namely M. A. Hashem was arrested by the law enforcing agency on 28.05.2007 and was shown arrest in connection with Gulshan P.S G.D. being No.2090 dated 29.05.2007. While the detenu was in custody he was served with an order of detention issued......beyond the period as stipulated in section 61 and 167 of the Code of Criminal Procedure as such the same is illegal and mala-fide. In support of his contentions the learned Advocate referred the decisions reported in 51 DLR (AD) 1, 31 DLR (AD) 1, 12 MLR (AD) 316 and 1 BLC 396. 4. The le..Category: Criminal Law | Date: 21 Jan, 2008 | Hits: 10
Mostafa alias Masta Vs. State, 2008, 37 CLC (HCD)
....inal Appeal No.1198 of 2002. Judgment Siddiqur Rahman Miah J.- This Criminal Appeal under section 28 of the Nari-o-Shishu Nirjatan Daman Ain, 2000 is directed against the judgment and order dated 15-4-2002 passed by the learned Judge, Nari-o-Shishu Nirjatan Daman Bishesh Adalat, Dinajpur......sition of the prosecution witnesses and the impugned judgment and the material available in the paper book and submits that it is a case of no evidence and that the learned trial Court arrived at a decision on conjecture and surmise. He further submits that the learned trial Court failed to consid..Category: Women and Children | Date: 16 Jan, 2008 | Hits: 27
Md. Amin-Ullah, Advocate and another Vs. Bangladesh and others, 2008, 37 CLC (HCD)
.... J.- In this Rule Nisi the respondents have been called upon to show cause as to why the respondents should not be directed to implement the decision as contained in memorandum No.Sha-8/Faj-65/93-191 dated 29.06.1994 (Annexure-E) and as to why the respondents should not be directed to demarcate the ...... Petition No.1896 of 1999. Judgment Sheikh Abdul Awal J.- In this Rule Nisi the respondents have been called upon to show cause as to why the respondents should not be directed to implement the decision as contained in memorandum No.Sha-8/Faj-65/93-191 dated 29.06.1994 (Annexure-E) and as to w..Category: Property Law | Date: 9 Jan, 2008 | Hits: 20
Humayun Hossain Khan Vs. Government of the People's Republic of Bangladesh, 2008, 37 CLC (HCD)
....t No. 5. Writ Petition No. 6107 of 2004. Judgment Zinat Ara J.- In this writ petition under Article 102 of the Constitution, the petitioner has challenged the legality of Order No. 29 dated 4-10-2004 (Annexure-G) passed by the learned Judge of the Artha Rin Adalat No.3, Dhaka in Arth......g complete justice but did not consider the legal aspects involved in the matter. Moreover, the facts and circumstances of that case and the present one are quite distinguishable. Therefore, the said decisions are not applicable to the instant Rule and the Rule is liable to be discharged. 7. In..Category: Banking Law, Civil Law | Date: 8 Jan, 2008 | Hits: 9
Gopal Chandra Das and others Vs. Nikunja Behari Sukra Das and others, 2008, 37 CLC (HCD)
....Parties. Civil Revision No. 1701 of 1995. Judgment Syed AKM Dabirush-Shan J. - This Rule was issued calling upon the opposite parties to show cause as to why the judgment and decree dated 7-9-94 and 19-9-94 respectively passed by the learned Additional District Judge, Narayanganj,......intiff has been possessing the suit property illegally by way of private dhakila and Hokum Nama which has got no leg to stand in the eye of law and in this connection both the courts relied upon a decision reported in 30 DLR (SC) 41 wherein it has been clearly stated that the private document ca..Category: Property Law | Date: 7 Jan, 2008 | Hits: 9
Md. Mokter Hossain Khan Vs. State, 2007, 36 CLC (AD)
.... Abdur Rouf, Deputy Attorney General-For the Respondents. Jail Appeal No.01 of 2006. Judgment Md. Joynul Abedin J. - This appeal by leave is directed against the judgment and order dated 05.05.2004 passed by the High Court Division in Death Reference Case No.09 of 2002 referred by...... find good deal of force in the points argued by the learned Advocate for the petitioner. The appeal is accordingly allowed. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 16. ..Category: Evidence Law | Date: 9 Dec, 2007 | Hits: 10
Fairdeal Marine Services, Fujairah, U.A.E Vs. M.V. PELEAS K and others, 2007, 36 CLC (HCD)
....vour of the Plaintiff and against the Principal Defendants, the Court ordered on the Plaintiffs entitlement to recover the decretal amount by encashment of the Bank Guarantee bearing No.864/CG9900107 dated 24.3.1999 issued by the Standard Chartered Bank, 20 Motijheel, C/A, Dhaka. There has also been......alal Patni Vs. Kali Nath, (1962) 2 SCR 747 = (AIR 1962 SC 199); Md. Ahsanullah Vs. Arafatunnessa, 33 DLR (AD) (1981) 17, at paragraph 4, page 20; Gorachand Haider Vs. Prafulla Kumar Roy, a Full Bench decision of the Calcutta High Court, 29 C.W.N. 948; Panaji Vs. Ratanchand, AIR 1933 (Bombay), 364; R..Category: Admiralty Law or Maritime Law | Date: 6 Dec, 2007 | Hits: 19
AKM Reazul Islam and others Vs. State, 2007, 36 CLC (HCD)
....ted in a supplementary affidavit. 8. The Rule issued in Criminal Miscellaneous Case No.9103 of 2007 is about the bail of petitioner Md. Abul Bashar in Kotwali Police Station Case No.29 dated 17-3-2007 pending in the Court of Magistrate 1st Class, Faridpur. In that case, the first info......s of the Rules, 2007 in the matter of granting bail cannot stand as a bar and this Court can exercise its jurisdiction under sections 497 and 498 of the Penal Code. They also put much emphasis on the decision of the case of Moyezuddin Vs. State, reported in 59 DLR 287, where a Division Bench of this..Category: Anti-Corruption Laws | Date: 3 Dec, 2007 | Hits: 139
Al Haj A.B.M. Mohiuddin Chowdhury Vs. State, 2007, 36 CLC (HCD)
....No.6179 of 2007. Judgment Khademul Islam Chowdhury J.- This Rule at the instance of accused petitioner Al-haj A.B.M. Mohiuddin Chowdhury is for bail in Panchalish P.S. General Dairy No.409 dated 8.3.2007 now pending before the Chief Metropolitan Magistrate. 2. The prosecution case in......al Committee of Awami League and Divisional Awami League Co-ordinator. He is an activist of Awami League and Labour organizations. After proclamation of Emergency in the country he opposed the policy decision of the government relating to public welfare and acted to create hostile opinion against th..Category: Criminal Law | Date: 2 Dec, 2007 | Hits: 3
Manzill Murshid and 6 others Vs. Bangladesh and another, 2007, 36 CLC (HCD)
.... in every December order of orders and/or such other or further order or orders that may be passed as this Court may seem fit and proper. The Rule is made returnable within 2(two) weeks from date” ৩। জনাব মনজিল মোরসেদ, এ্যাডভোকে......অত্র রুলটি খরচা ব্যতিরেকে এ্যাবসলিউট করা ইইল। Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 94. ..Category: Others | Date: 2 Dec, 2007 | Hits: 7
Mainul Alam Vs. Anjera Begum, 2007, 36 CLC (HCD)
.... filed for transferring Title Suit No.83 of 2005 from that Court to any other district for holding simultaneous trial with Title Suit No.142 of 2000. This Court by the impugned judgment and order, dated 6-8-2007, allowed the miscellaneous case and transferred both the aforesaid title suits to th......ntil and unless it comes within the four corners of the ingredients specified in Order XLVII, rule 1 of the Code of Civil Procedure, no judgment can be reviewed to correct any mistake or erroneous decision by taking the power of the appellate Court…………….(4) Lawyers Involved: ..Category: Procedural Law | Date: 27 Nov, 2007 | Hits: 2
....with Kazi Zinat Huq, Assistant Attorney-General-For the Respondents.
Writ Petition No.2082 of 2002.
Judgment
Mohammad Abdur Rashid J.- The above Rule NISI was obtained against an order dated 15.04.02 passed by respondent No.1, the Customs, Excise and VAT Appellate Tribunal in Nothi No......tory it should be informed to the local VAT office before 14 days of such changes. The petitioner did not do so. None was however found in support of such affidavit.
18. Only issue facing us for decision in this writ petition is as to whether the petitioner was entitled to credit the input VAT ..
Category: Fiscal/Taxation Law | Date: 26 Nov, 2007 | Hits: 9
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