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State Vs. Md. Mobarak and others, 2008, 37 CLC (HCD)
....sions Judge. 137. Send down the L.C. records at once. 138. Send a copy of the judgment to the trial Judge at his present place. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 138. ......¦¯ পৃথক পৃথকà¦à¦¾à¦¬à§‡ চারà§à¦œ গঠন করতে হবে।†The case of Nowabul Alam and othersVs.The State 15 BLD (AD) 54, where it has been held that the correct principle in respect of the evidence of persons falling in the category of interested, interrelated ......sions Judge. 137. Send down the L.C. records at once. 138. Send a copy of the judgment to the trial Judge at his present place. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 138. ..Category: Criminal Law | Date: | Hits: 89
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. ......n witnesses, any deviation from the FIR story makes the prosecution case doubtful casting serious doubt as to the credibility of prosecution witnesses……...........………(60) The fundamental principle underlyÂing in section 342 of the Code of Criminal Procedure is that the accused should b...... by the accused during such examination should be considered by the court. The words, "it may be taken into consideration in such inquiry or trial" in sub-section (3) of section 342 of the Code would amount to a legislative guideline for the court to give due weight to such answers though it does no..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.
......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.
......er hand defenÂdants examined no witnesses.
5. The trial Court after considering the issues, deposition and other materials on record concluded the trial and decreed the suit for realization of an amount of Tk. 1,01,063,52 with interest.
6. Being aggrieved by and dissatisfied with the impugned..
Category: Admiralty Law or Maritime Law | Date: | Hits: 486
....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.
......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.
......ayment and/or adjustment of VAT to the extent of Taka 14, 25, 89,149.
11. By the notice, said respondent asked the petitioner to show cause within seven days of receipt as to why a demand for said amount of evaded VAT would not be issued and proper actions under the law and rules would not be tak..
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.
...... acted arbitrarily for the benefit of a private party, and against the public interest…………………………………(24)
Justice delivery system in this part of the world is based on the principle of liberty and justice for all. Public interest litigation means the legal action initiate......of the availability of the parties interested in setting up of container terminals, at least during the relevant period the authority ought to have gone for competitive bids, more so when no specific amount of the expected money was mentioned in the letter of the respondent No. 8 dated 29‑12‑199..
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. ......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. There could not be any two opinions on the principles enunciated and established in the above cases. The principles were very old and universal......eal under sub-section (1) shall lie against an order of the Appellate Joint Commissioner or the Commissioner (Appeals), as the case may be, unless- (a) the assessee has paid twenty per cent of the amount representing the difference between the tax determined on the basis of the order of the Appel..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. ......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. ......tiff instituted Mortgage Suit No.4 of 1987 in the Court of Subordinate Judge, 2nd Commercial Court and Artha Rin Adalat, Chittagong impleading the petitioner as defendant No.1 and another claiming an amount of Tk. 2,14,179/- with 18% interest till the date of realization. Ultimately, the said Mortga..Category: Civil Law | Date: | Hits: 136
....he Courts below stand maintained.
Send down the lower Court's record and a copy of the judgment and order to the Court concerned.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 405.
......
4. Defendant Nos.1-4 contested the suit by filing joint written statement denying the case of the plaintiff and according to them the suit is not maintainable in its present form and barred by the principle of estoppel, waiver and acquiescence and that Water Development Board is a semi Government......he Courts below stand maintained.
Send down the lower Court's record and a copy of the judgment and order to the Court concerned.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 405.
..
Category: Employment/Service Law | Date: | Hits: 166
Abdul Mannan Mathbar Vs. Nazmul Hoque Majumder and others, 2009, 38 CLC (HCD)
....rt at the time of issuance of the rule is hereby vacated. Lower Court's records be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 317. ......ce committed no error or illegality in their finding as such the finding and decision affirmed by the lower appellate Court is not liable for any interference by this Court. 14. By now the settled principle of law in exercising the revisional power under Section 115 of the Code of Civil Procedure......rt at the time of issuance of the rule is hereby vacated. Lower Court's records be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 317. ..Category: Civil Law | Date: | Hits: 94
Mrs. Rokeya Begum Vs. Chartered Credit CoÂoperative 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. ......ioner. 26. In this connection we may also profitably refer the decision in the case of Ali Akkas Vs. Enayet Hossain and others reported in 17 BLD (AD) 44 wherein their Lordships held: "the settled principle of law is that to bring a case within the purview of section 561A for the purpose of quash......984 and the accused petitioner is the member of the said society and she obtained loan of Taka 23,00,000/= with a condition to pay the said loan within 90 days but failed to pay in time although same amount was paid; that the accused paid part of money by cheque dated 15.02.2006 from Saving account ..Category: Criminal Law | Date: | Hits: 70
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 comÂmunicated to the Court below concerned at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 356. ......uilt of another accused. Moreso, the confession of a co-accused is always weak type of evidence as the other accused did not get any chance to controvert the maker of confession and it is the settled principle of law that the confession of a Co-accused is not any substantive piece of evidence agains...... on them in order to commit dacoity 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 secÂtion 391 of the Penal Code and at the time of occur..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. ......examined 5 witnesses learned Judge thereafter, recast the issues as hereunder:- 1. Are both the TS No.50/90 and Title Suit No.46/94 maintainable in its present form? 2. Is TS No.50/90 barred by principle of estoppels waiver and acquiescence? 3. Are both the suits barred by law of limitation......ible for them to reside at Pakistan, they entered into an oral agreement with the plaintiff for selling ‘ga’ schedule land at a consideration of Taka 2,000 and after receiving most of the settled amount, in 1952 they gave possession of ‘ga' schedule land in favour of the plaintiff with underta..Category: Property Law | Date: | Hits: 83
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. ......r to show as to how and where and by whom victim Jamir was injured resulting in ultimate death. In such event the accusedÂ-appellants will be entitled to get benefit of doubt. 57. It is a settled principle that in a criminal case the prosecution is to prove its case by satisfactory, cogent and r......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. ..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.
......also a fiscal legislation their Lordships discussing numerous decisions of the sub-continental jurisdiction observed and held that the Court Fees Act is a fiscal enactment and it is a well recognised principle of interpretation of statutes that a fiscal enactment should be construed strictly and whe......PSI Agencies, and the grounds given in the letter for imposition of VAT was that PSI Agencies fell within the definition of survey companies under Code No.S020.00 of Schedule 2 to the VAT Act and the amount to be deducted was specified to be 15% of 20% of the PSI fees. The petitioners wrote to the r..
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.
......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.
......es that the petitioners of the petition as allottees of Government were allotted .75 acres of property from Industrial Plot No.190 appertaining Cadastral Survey Plot No.428 and they deposited a total amount of Taka 5,66,375 + 61,83,625 - 67,50,000.00 as lease money and Government executed and regist..
Category: Property Law | Date: | Hits: 82
Ruhul Amin Vs. State and another, 2007, 36 CLC (HCD)
....akhsmipur in Criminal Miscellaneous Case No.41 of 2004. In the result, the Rule is discharged. The stay order stands vacated. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 141. ......atement made by a person in a proceeding and then withdrawing it and therefore he was exonerated from prosecution. Obviously the facts of that case are different from those of the present one and the principle laid down therein is not applicable to the present case. 38. The second case referred t......akhsmipur in Criminal Miscellaneous Case No.41 of 2004. In the result, the Rule is discharged. The stay order stands vacated. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 141. ..Category: Property Law | Date: | Hits: 122
Zafar Ahmed Vs. Mir Iftekharuddin & another, 2009, 38 CLC (HCD)
....al Judge is directed to proceed with the case expeditiously. Send a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 732. ......e two proceedings to postpone trial of a case under section 344 of the Code. 9. In the case of AB Siddiqur Rahman Vs. AM Harunur Rashid reported in 3 BLT (AD) 64, their Lordships observed that the principle governing stay of proceedings is that the criminal matter should be given precedence over ......al Judge is directed to proceed with the case expeditiously. Send a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 732. ..Category: Procedural Law | Date: | Hits: 128
....writ petition is not maintainable.
In view of the discussions as made above, the Rule is discharged without any order as to cost.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 728.
......man Vs. Bangladesh reported in 44 DLR (AD) 111 in paragraph 48 his Lordship Justice Habibur Rahman clearly observed:
"Within its jurisdiction the Tribunal can strike down an order for violation of principles of natural justice as well as for infringement of fundamental rights, guaranteed by the C......writ petition is not maintainable.
In view of the discussions as made above, the Rule is discharged without any order as to cost.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 728.
..
Category: Administrative Law | Date: | Hits: 494
Ali Azam Saial and others Vs. Joynal Abedin Saial and others, 2009, 38 CLC (HCD)
....rlier by this Court stands vacated. Send down the lower Courts record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 299. ......ocuments relates is situated. In the present case it is found that the land which was included in the impugned sale deed was not within the jurisdiction of Palong Sub-Registry office. It is a settled principle that where no part of property to which document relates is situated within the jurisdicti......rlier by this Court stands vacated. Send down the lower Courts record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 299. ..Category: Administrative Law | Date: | Hits: 452
Anwar Hossain (Md.) Vs. State, 2008, 37 CLC (HCD)
....anted in any other connection. Send down the lower Court records along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 671. ......………………Appellant Vs. State…………….Respondent Judgment April 27, 2008. Result: The Appeal is allowed. Duties of a Court in Criminal Proceedings The cardinal principles of criminal jurisprudence in awarding conviction followed by sentence upon an indicted pe......anted in any other connection. Send down the lower Court records along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 671. ..Category: Criminal Law | Date: | Hits: 74
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