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Md. Isahaque Ali and others Vs. State, 2007, 36 CLC (HCD)
....der section 410 of the Code of Criminal Procedure at the instance of the accuseds Md. Isahaque Ali, Ismail @ Misu and Mosahaque is directed against the judgment and order of conviction and sentence dated 10.09.2000 passed by the learned Additional Sessions Judge, First court at Naogaon in Sessions......asis of any finding. The proper examination of the accused under section 342 of the Code of Criminal Procedure will help to impart acquitable justice…………..(61) The court has to come to a decision on the basis of evidence adduced before it by the parties. If the findings of guilty of the..Category: Criminal Law | Date: | Hits: 84
State Vs. Abdul Momin Sardar, 1998, 27 CLC (HCD)
....ce Badrul Islam Chowdhury, calling upon convicted appellant Abdul Momin Sarder to show cause as to why bail granted 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 Mom......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. ..Category: Criminal Law | Date: | Hits: 87
Mohin Uddin (Md.) Vs. State, 2008, 37 CLC (HCD)
....e State. Criminal Appeal No. 3607 of 2005. Judgment Siddiqur Rahman Miah J. - This Criminal Appeal under section 30 of the Special Powers Act, 1974 is directed against the judgment and order dated 24-7- 2005 passed by the learned Special Tribunal, Lakshmipur in Special Tribunal Case No. 40 ......er dated 24-7-2005. 12. In the face of argument advanced by the learned Advocates of the contending parties, we are now called upon to scrutinise the material evidence in order to come to a proper decision in this appeal. 13. P.W. 1 Sheikh Abul Mannan, is the informant of the case, who deposed..Category: Criminal Law | Date: | Hits: 92
....al with Md. Rezaul Islam, Assistant Attorney General — For the Respondents.
Writ Petition No. 8079 of 2005.
Judgment
Md. Abdur Rashid J. - The above Rule Nisi was obtained against a notice dated 23-10-05 (Annexure- C) issued under section 55 read with section 37 of the VAT Act, 1991 by on......ed since such notice could not lawfully be issued by any VAT authority under section 55 to ask to show cause as to shy the petitioner would not be punished under section 37 of the said Act before any decision could be arrived at as to evasion or arrears of any tax.
6. He also submitted that the n..
Category: Fiscal/Taxation Law | Date: | Hits: 131
....s, 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 29‑12‑1997, which Bangladesh would get from the earning by the proposed project. This indi......y of law. A public authority is duty bound to act with fairness and consistency as per practiced standard and norm in its dealing with State properties and if such public authority makes inconsistent decision unfairly or unjustly, it misuses its power and authority, and consequently, such decision b..
Category: Others | Date: | Hits: 113
BRAC vs. National Board of Revenue and another, 2008, 37 CLC (HCD)
..... Zakaria Sarker, Assistant Attorney-General - For the respondents. Writ Petition No.6768 of 2001. Judgment Mohammad Abdur Rashid J.- The above Rule Nisi was obtained against an order dated 30.09.2001 passed by or on behalf of respondent No.1, the National Board of Revenue, in short,......e assessed tax accompanying an appeal and held amongst other- "…………a right of appeal is not merely a matter of procedure. It is a matter of substantive right. This right of appeal from the decision of an inferior tribunal to a superior-tribunal becomes vested in a party when proceedings a..Category: Fiscal/Taxation Law | Date: | Hits: 171
Md. Abul Basher Vs. The Judge, First Artha Rin Adalat, Chittagong and others, 2008, 37 CLC (HCD)
....Sheikh Abdul Awal J.- This Rule was issued on an application under Article 102 of the Constitution of the People's Republic of Bangladesh calling upon to show cause as to why the impugned Order No.65 dated 02.07.2005 passed by the respondent No.1, Artha Rin Adalat, 1st Court, Chittagong in Artha Rin......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. ..Category: Civil Law | Date: | Hits: 136
....parties.
Civil Revision No.3512 of 2002.
Judgment
Salma Masud Chowdhury J.- This Rule was issued calling upon the opposite party No.1 to show cause as to why the impugned judgment and decree dated 19.8.2001 passed by the Subordinate Judge, Second Court, Kurigram in Other Appeal No.2 of 2001......s Court and obtained the present Rule.
8. 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 C..
Category: Employment/Service Law | Date: | Hits: 166
Abdul Mannan Mathbar Vs. Nazmul Hoque Majumder and others, 2009, 38 CLC (HCD)
..... Civil Revision No.4291 of 2001. Judgment Syed Abu Kowser Md. Dabirush Shan J.- This Rule was issued calling upon the opposite parties to show cause as to why the Judgment and decree dated 25.7.01 and 31.7.01 respectively passed by the learned Additional District Judge, 7th Court, D......nuineness or otherwise of a registered transfer deed which can only be done in a separate suit at the instance of the defendants. 11. The learned Counsel to substantiate his argument cited another decision in the case of Rafizuddin Ahmed Vs. Mongla Barman and others reported in 43 DLR (AD) 215 wh..Category: Civil Law | Date: | Hits: 94
Mrs. Rokeya Begum Vs. Chartered Credit Cooperative Ltd., 2009, 38 CLC (HCD)
....as per article 17 of General Clauses Act……………………….(20) The Code of Criminal Procedure, 1898 (Act No. V of 1898); section 561A Quashment of proceedings Non disclosure of the date of receipt of notice under section 138 (1) (b) of the Negotiable Instruments Act is a question ......proceedings initiated against the petitioner when it is proved that the alleged cheque has been issued by him and it was bounced from his bank. 22. In this connection, we may profitably refers the decision in the case of Nizamuddin Mahmood Vs. Abdul Hamid Bhuiyan and another reported in 60 DLR (A..Category: Criminal Law | Date: | Hits: 70
.... by Mr. Rokanuddin Mahmud, a learned Advocate of this Court.
2. Licence/permission for construction of use of jetty as a semi pucca structure on the river Shitalakkhya was given by BIWTA by a memo dated 22.9.1998 to M/S. Scancem Bangladesh Ltd. subject to payment of necessary fees. After that, th...... 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.
..
Category: Environmental Law | Date: | Hits: 731
Sobhan Munshi Vs. State and another, 2010, 39 CLC (HCD)
....ossain Ahmed J.- This Rule, at the instance of the convict Sobhan Munshi, was issued calling upon the opposite party to show cause as to why the impugned Judgment and order of conviction and sentence dated 17.11.2003 passed by the Special Tribunal No.3, Munshiganj in Special Tribunal Case No.6 of 20......ce, can take such a view commuting the sentence of rigorous imprisonment from twenty five years to ten years maintaining the conviction passed by the Tribunal below which finds support from a similar decision in the case of Jahangir Alam (Mohammad) alias Jakir Vs. The Statereported in 56 DLR (AD) 21..Category: Criminal Law | Date: | Hits: 81
State Vs. Delwar Hossain & others, 2011, 40 CLC (HCD)
....Additional Sessions Judge, Cox's Bazar for confirmation of sentence of death awarded by him upon the accused Nos.1 to 8 convicting them under section 396 of the Penal Code by the Judgment and Order dated 19-3-2006 passed in Session Case No.12 of 2001, Criminal Appeal Nos. 2785 of 2011, 2783 of 201......sion of such an accused who was detained illegally in the custody of police beyond the prescribed period of time cannot be considered as legal and fair. In support of his contention he referred the decision of the case of State Vs. Mofizuddin, reported in 24 BLD 481. He also submits that the con..Category: Criminal Law | Date: | Hits: 158
Waseq Ullah & Others Vs. Rezia Khatun and Others, 2010, 39 CLC (HCD)
....ppellant. Appeal From Original Decree No.182 of 1999 preferred by plaintiffs and Appeal From Original Decree No.183 of 1999 preferred by other defendants are directed against same judgment and decree dated 12-10-1998 passed by the learned Subordinate Judge, Artha Rin Adalat, Noakhali decreeing Title...... and also purchased the same in the name of his brother-in-law, as such, it is clear that defendant No.4 was acted against the plaintiff for enjoyment of the suit land. Learned Advocate cited several decisions in support of his submission. Mr. Md. Lutfur Rahman Mondal, learned Advocate relied on the..Category: Property Law | Date: | Hits: 83
Mohammad Ali Vs. Sukur Ali & others, 1985, 14 CLC (HCD)
.... 1984. Judgment ATM Afzal J.- This Rule, at the instance of the informant-petitioner, was issued upon the Deputy Commissioner, Narsingdi and other Opposite-parties to show cause why the Order dated 24.9.84 passed by the Additional Sessions Judge, Second Court, Dhaka in Sessions case No.132 o......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. ..Category: Procedural Law | Date: | Hits: 102
Daud Ali (Md.) and others Vs. State, 2003, 32 CLC (HCD)
....a Ara Dora, Assistant Attorneys-General-For the State. Criminal Appeal No.966 of 1993. Judgment Md. Abdul Quddus J.-This appeal is directed against judgment, order of conviction and sentence dated 29‑4‑1993 by learned Sessions Judge Jhinaidha in Sessions Case No.42 of 1992 arising out o......e absconsion by Daud will go against him as he might have absconded with guilty knowledge that he had complicity in the offence itself. Learned Assistant Attorney-General in such regard relies on the decision reported in 39 DLR (AD) 117. 20. Learned Assistant Attorney-General submits that no dire..Category: Criminal Law | Date: | Hits: 93
.... Government of The People's Republic of Bangladesh represented by Secretary, Ministry of Works and Urban Development and others as defendants for declaration that the notice contained in Memo No.1107 dated 30.10.1984 issued by Sub-Divisional Engineer, P.W.D. Tejgaon Industrial Area, Tejgaon, Dhaka, ......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.
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Category: Property Law | Date: | Hits: 82
Md. Farid Hossain Vs. State, 2007, 36 CLC (HCD)
.... For the respondent. Criminal Appeal No.3038 of 2006. Judgment Khondker Musa Khaled J.- This Criminal Appeal under section 30 of the Special Powers Act, 1974, is directed against the order dated 29.6.2006 passed by the learned Judge of the Metropolitan Special Tribunal No.7, Dhaka in Metr......al of the case is not completed within 360 days, if the accused is in custody, he should be released on bail even in the case of non bailable offence unless reasons are found by the Court to take the decision otherwise.……………………………………(5) Case Referred to- Manjurul Ho..Category: Criminal Law | Date: | Hits: 92
Ruhul Amin Vs. State and another, 2007, 36 CLC (HCD)
....t Md. Emdadul Huq J.- This revisional application under section 439 of the Code of Criminal Procedure, 1898 (shortly the Code of 1898) is about the legality and propriety of the judgment and order dated 31.10.2004 passed by the learned Sessions Judge, Lakshmipur in Criminal Appeal No.14 of 2004 a......the impugned judgment and order dated 31.10.2004 affirming the said order of the learned Joint District Judge. 5. The opposite party no.1 has filed a counter affidavit in which he has admitted the decisions given in the various proceedings mentioned above. He has reiterated the allegations made b..Category: Property Law | Date: | Hits: 122
Md. Abdul Latif and others Vs. Mohammad Ali and others, 2008, 37 CLC (HCD)
.... parties. Civil Revision No.2484 of 1999. Judgment Salma Masud Chowdhury J.- This Rule was issued calling upon the opposite parties No.1 to 19 to show cause as to why the judgment and decree dated 7.2.99 passed by the learned Subordinate Judge, 2nd Court, Kurigram in Other Appeal No.36 of 1......es the title of the plaintiff to a share of the estate or to specific land of the estate and assert a hostile title and adverse possession . . . 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 af..Category: Procedural Law | Date: | Hits: 115
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