file_name stringlengths 15 21 | case_title stringlengths 29 315 | scob_issue stringclasses 14
values | publication_year stringdate 2015-01-01 00:00:00 2020-01-01 00:00:00 | text_source stringclasses 2
values | full_judgment stringlengths 4.11k 223k | judgment_body stringlengths 4.11k 223k | short_ratio stringlengths 117 6.36k |
|---|---|---|---|---|---|---|---|
8_SCOB_HD_4.pdf | SJBKBSS Ltd. Vs. Sylhet City Corporation & ors. 8 SCOB [2016] HCD 23 | 8 | 2016 | translated_english | **Judgment**
**Moyeenul Islam Chowdhury, J:**
1. On an application under Article 102 of the Constitution of the People's Republic of Bangladesh filed by the petitioner, a Rule Nisi was issued calling upon the respondents to show cause as to why they should not be directed to start and complete the construction of a 4... | **Judgment**
**Moyeenul Islam Chowdhury, J:**
1. On an application under Article 102 of the Constitution of the People's Republic of Bangladesh filed by the petitioner, a Rule Nisi was issued calling upon the respondents to show cause as to why they should not be directed to start and complete the construction of a 4... | In any view of the matter, the members of the petitioner-samity are not at fault. Their legitimate expectation, in all fairness, should be fulfilled by the Sylhet City Corporation Authority by way of constructing the proposed market by removing the sheds from the Bus Terminal. Undeniably, the Sylhet City Corporation Au... |
8_SCOB_HD_5.pdf | Md. Rofiqul Islam & ors Vs. Md. Khalilur Rahman & ors 8 SCOB [2016] HCD 29 | 8 | 2016 | original_ocr | **Judgment**
**Md. Rais Uddin, J:**
1. This Rule was issued calling upon the opposite party Nos. 1-4 to show cause as to why the judgment and decree dated 11.03.2014 passed by the learned Joint District Judge, $2^\text{nd}$ Court, Chuadanga in Title Appeal No. 36 of 2013 disallowing the appeal and thereby affirming t... | **Judgment**
**Md. Rais Uddin, J:**
1. This Rule was issued calling upon the opposite party Nos. 1-4 to show cause as to why the judgment and decree dated 11.03.2014 passed by the learned Joint District Judge, $2^\text{nd}$ Court, Chuadanga in Title Appeal No. 36 of 2013 disallowing the appeal and thereby affirming t... | Record of right is evidence of present possession and registered kabala is an evidence of title. The registered document will prevail over the records of rights and would remain in enforce until and unless, such kabala is cancelled by an appropriate civil court. The registered deed dated 13.05.1965 is an old document m... |
8_SCOB_HD_6.pdf | Md. Ibrahim Vs. State 8 SCOB [2016] HCD 35 | 8 | 2016 | original_ocr | ### **JUDGMENT**
**Abu Bakar Siddiquee, J.**
1. This Criminal appeal is directed against the Judgment and order of conviction and sentence dated 30.09.2013 passed by the learned Judge, Nari-O-Shishu Nirjatan Daman Tribunal, Chandpur in Nari-O-Shishu Case No. 104 of 2009 arising out of Faridgonj Police Station Case No... | ### **JUDGMENT**
**Abu Bakar Siddiquee, J.**
1. This Criminal appeal is directed against the Judgment and order of conviction and sentence dated 30.09.2013 passed by the learned Judge, Nari-O-Shishu Nirjatan Daman Tribunal, Chandpur in Nari-O-Shishu Case No. 104 of 2009 arising out of Faridgonj Police Station Case No... | There is no further burden of proof when the assertions of the witnesses remain unchallenged. In the instant case the convict-appellant failed make out his defence on cross-examining the witnesses. On perusal of the aforesaid position of the facts, circumstances and other materials on record nothing cogent could be eli... |
8_SCOB_HD_7.pdf | Begum Khaleda Zia Vs. Anti-Corruption Commission & ors 8 SCOB [2016] HCD 40 | 8 | 2016 | translated_english | **Judgment**
**Md. Nuruzzaman, J.**
1. In both the writ petitions, the petitioner has challenged the legality and propriety of the initiation and continuation of the proceedings of Special Case No. 4 of 2008 arising out of A.C.C. G.R. No. 88 of 2007 corresponding to Tejgaon Police Station Case No. 05 dated 02.09.2007... | **Judgment**
**Md. Nuruzzaman, J.**
1. In both the writ petitions, the petitioner has challenged the legality and propriety of the initiation and continuation of the proceedings of Special Case No. 4 of 2008 arising out of A.C.C. G.R. No. 88 of 2007 corresponding to Tejgaon Police Station Case No. 05 dated 02.09.2007... | The Constitution has not given any immunity to the prime Minister or Cabinet in respect of any criminal offence. There is neither any constitutional nor any statutory or legal bar on A.C.C to conduct any enquiry in respect of allegation of Commission of offences mentioned to the schedule of the A.C.C Act, 2004 and sche... |
8_SCOB_HD_8.pdf | Fatema Enterprise Vs. Bangladesh &ors 8 SCOB [2016] HCD 59 | 8 | 2016 | original_ocr | **Judgment**
**Quazi Reza-Ul Hoque, J:**
1. The instant Rule was issued on 02.03.2011 calling upon the respondents to show cause as to why the Memo No. RAJUK/Estate/Mohakhali/430 Stha dated 27.01.2009 (annexure-E), issued by respondent No. 2 under signature of respondent No. 4 proposing valuation of plots to be lease... | **Judgment**
**Quazi Reza-Ul Hoque, J:**
1. The instant Rule was issued on 02.03.2011 calling upon the respondents to show cause as to why the Memo No. RAJUK/Estate/Mohakhali/430 Stha dated 27.01.2009 (annexure-E), issued by respondent No. 2 under signature of respondent No. 4 proposing valuation of plots to be lease... | The crux of the issue is as to whether after receiving the consideration value in the form of earnest money as has been stipulated by the respondents through their own valuation and tender can be changed. Although, this is a matter of law of contract, however, since Government is a party, so this can be looked into in ... |
8_SCOB_HD_9.pdf | Golam Md. Faroque Uddin & ors Vs. Bangladesh & ors 8 SCOB [2016] HCD 67 | 8 | 2016 | original_ocr | Judgment
Sheikh Hassan Arif, J:
1. Since the questions of law and facts involved in the aforesaid writ petitions are almost
same, they have been taken up together for hearing, and are now being disposed of by this
single judgment.
SHORT BACKGROUND FACTS:-
2. Though the background facts towards the issuance of the afore... | Judgment
Sheikh Hassan Arif, J:
1. Since the questions of law and facts involved in the aforesaid writ petitions are almost
same, they have been taken up together for hearing, and are now being disposed of by this
single judgment.
SHORT BACKGROUND FACTS:-
2. Though the background facts towards the issuance of the afore... | Though the term "surcharge" is not specifically mentioned in the Constitution or not defined in the said Ordinance, the basic concept of "surcharge" was always there in our Constitution and the said Ordinance. The only difference being that while the Indian Constitution, under Article 271, specifically has mentioned th... |
8_SCOB_HD_10.pdf | Energy Prima Ltd. Vs. Bangladesh & ors 8 SCOB [2016] HCD 84 | 8 | 2016 | original_ocr | **Judgment**
**Md. Ashraful Kamal, J:**
1. Since in these Writ Petitions there involved a common question of fact and law, those are heard and disposed of by this judgment.
2. In Writ Petition No. 3877 of 2009 Rule was issued calling upon the respondents to show cause as to why the deduction of Advance Income Tax (A... | **Judgment**
**Md. Ashraful Kamal, J:**
1. Since in these Writ Petitions there involved a common question of fact and law, those are heard and disposed of by this judgment.
2. In Writ Petition No. 3877 of 2009 Rule was issued calling upon the respondents to show cause as to why the deduction of Advance Income Tax (A... | In the present case, clause 19.2 of the contracts dated 16.01.2008 entered into between the petitioner and the BPDB contains an arbitration clause stating that the arbitration shall be conducted in accordance with the Arbitration Act (Act No. 1 of 2001) of Bangladesh as at present in force and the place of arbitration ... |
8_SCOB_HD_11.pdf | Shahida Khatun & ors Vs. Chairman, 1st Court of Settlement & anr 8 SCOB [2016] HCD 93 | 8 | 2016 | original_ocr | **Judgment**
**Mahmudul Hoque, J**
1. In this application under Article 102 of the Constitution of Bangladesh Rule Nisi has been issued at the instance of the Petitioner calling upon the Respondents to show cause as to
why the Judgment and Order dated 06.11.2002 passed by the 1st Court of Settlement as contained in A... | **Judgment**
**Mahmudul Hoque, J**
1. In this application under Article 102 of the Constitution of Bangladesh Rule Nisi has been issued at the instance of the Petitioner calling upon the Respondents to show cause as to
why the Judgment and Order dated 06.11.2002 passed by the 1st Court of Settlement as contained in A... | In the present case the Petitioners or their vendor admittedly was not in possession of the property in question at the relevant time, they entered into the possession of the property in the year 1984. Since the property was declared abandoned under the provision of P.O. 16 of 1972, question of service of notice under ... |
8_SCOB_HD_12.pdf | Md. Sirajuddwla Vs. State & Anr 8 SCOB [2016] HCD 100 | 8 | 2016 | translated_english | **Judgment**
**Zafar Ahmed, J:**
1. Separate Rules were issued in the instant applications filed under section 561A of the Code of Criminal Procedure in which the accused-petitioner has prayed for quashing the respective proceedings under section 138 of the Negotiable Instruments Act, 1881. In all the cases the parti... | **Judgment**
**Zafar Ahmed, J:**
1. Separate Rules were issued in the instant applications filed under section 561A of the Code of Criminal Procedure in which the accused-petitioner has prayed for quashing the respective proceedings under section 138 of the Negotiable Instruments Act, 1881. In all the cases the parti... | In the case in hand, a sentence of fine under section 138 of the Act, 1881 may result in a proceeding of execution of decree (section 386(3) of the Cr.P.C.). Again, the same person may face an execution of decree proceeding under the Artha Rin Adalat Ain, 2003 for the same loan transactions which may together exceed th... |
8_SCOB_HD_13.pdf | Badiul Alam Majumdar & ors Vs. Information Commission & anr 8 SCOB [2016] HCD 110 | 8 | 2016 | original_ocr | ### **Judgment**
**Kazi Md. Ejarul Haque Akondo, J:**
1. This Rule Nisi, under Article 102 (2) of the Constitution of the People's Republic of Bangladesh, was issued calling upon the respondents to show cause as to why the impugned decision/order dated 16.07.2014 issued by the respondent No.1 in Complaint No.57/2014 ... | ### **Judgment**
**Kazi Md. Ejarul Haque Akondo, J:**
1. This Rule Nisi, under Article 102 (2) of the Constitution of the People's Republic of Bangladesh, was issued calling upon the respondents to show cause as to why the impugned decision/order dated 16.07.2014 issued by the respondent No.1 in Complaint No.57/2014 ... | In modern democratic countries citizens have a right to information in order to be able to know about the affairs of each political party which, if elected by them, seeks to formulate policies of good governance. This right to information is a basic right which the citizens of a democratic country aspire in the broader... |
8_SCOB_HD_14.pdf | F.J. Geo-Tex (BD) Ltd Vs. NBR & ors 8 SCOB [2016] HCD 132 | 8 | 2016 | original_ocr | ### **Judgment**
**Kashefa Hussain, J;**
1. This Rule Nisi was issued calling upon the respondents to show cause as to why the impugned alleged demand notice vide TIN-003-201-5215 dated 12.06.2011 (Annexure-B) issued by the Respondent No.3 in respect of the assessment year 2010-2011 and notice u/s 143 of Income Tax O... | ### **Judgment**
**Kashefa Hussain, J;**
1. This Rule Nisi was issued calling upon the respondents to show cause as to why the impugned alleged demand notice vide TIN-003-201-5215 dated 12.06.2011 (Annexure-B) issued by the Respondent No.3 in respect of the assessment year 2010-2011 and notice u/s 143 of Income Tax O... | The mandatory provision of Section 135(1) of ITO was not followed by the respondents prior to exercise of power under section 143(2) in freezing the bank account of the assessee-petitioners. In the instant matter the provisions of Section 143 of ITO can be resorted to only after the preceding of provisions of Section 1... |
8_SCOB_HD_15.pdf | Md. Tasli alias Taslim & anr Vs. State 8 SCOB [2016] HCD 140 | 8 | 2016 | original_ocr | ### **Judgment**
**Amir Hossain, J.**
1. These two Criminal Appeals are taken up together for hearing and disposal by a single Judgment.
2. These two appeals at the instance of convict appellants Tasli @ Taslim and Alfazuddin are directed against the judgment and order of conviction and sentence dated 22.04.2008 pas... | ### **Judgment**
**Amir Hossain, J.**
1. These two Criminal Appeals are taken up together for hearing and disposal by a single Judgment.
2. These two appeals at the instance of convict appellants Tasli @ Taslim and Alfazuddin are directed against the judgment and order of conviction and sentence dated 22.04.2008 pas... | It is gathered from the evidence of P.W.2 that out of enmity the accused Alfazuddin and Tasli @ Taslim being armed with deadly weapon like dagger "Dao" etc. came at the P.O. house and dealt indiscriminate dagger and dao blows on the person of the victim. Such facts clearly speak about their very motive and intention to... |
8_SCOB_HD_16.pdf | Aleya Begum & ors Vs. Mir Mohsin Ali & ors 8 SCOB [2016] HCD 147 | 8 | 2016 | original_ocr | **Judgment**
**Khizir Ahmed Choudhury, J:**
1. Instant Rule has been issued calling upon opposite parties to show cause as to why judgment and decree dated 13.03.2013 passed by learned Joint District Judge, $2^{\text{nd}}$ Court, Patuakhali in Title Appeal No.84 of 1996 allowing the appeal by setting aside the judgme... | **Judgment**
**Khizir Ahmed Choudhury, J:**
1. Instant Rule has been issued calling upon opposite parties to show cause as to why judgment and decree dated 13.03.2013 passed by learned Joint District Judge, $2^{\text{nd}}$ Court, Patuakhali in Title Appeal No.84 of 1996 allowing the appeal by setting aside the judgme... | In our view the petitioners will not be prejudiced for not impleading them parties because as legal heirs, they are entitled to get the shares of their predecessors. Even a non contesting party, who has got share in the partible property, can pray for allotment of saham on payment of proper court fees before drawing up... |
7_SCOB_HCD_1.pdf | Ahmed Service Ltd Vs Commissioner of Taxes (A.F.M Abdur Rahman, J) 7 SCOB [2016] HCD 1 | 7 | 2016 | original_ocr | **Judgment**
**A.F.M. Abdur Rahman, J:**
1. These 3 (three) Income Tax Reference Applications filed by the Assessee-applicant, Ahmed Services Limited, having involved the similar question of law on the identical factual aspects have been heard analogously and now disposed off by this single judgment.
2. **Facts of t... | **Judgment**
**A.F.M. Abdur Rahman, J:**
1. These 3 (three) Income Tax Reference Applications filed by the Assessee-applicant, Ahmed Services Limited, having involved the similar question of law on the identical factual aspects have been heard analogously and now disposed off by this single judgment.
2. **Facts of t... | Since the DCT concern did not raise any dissatisfaction as to the method of accounting and did not pin point any of the defect in the accounts, the two lower appellate authorities were required to consider the said question and decide the appeals before them in its true perspective. But that has not been done by the tw... |
7_SCOB_HCD_2.pdf | Z. I. Khan Panna Vs Bangladesh & ors (Moyeenul Islam Chowdhury, J) And (Md. Ashraful Kamal, J) 7 SCOB [2016] HCD 7 | 7 | 2016 | original_ocr | Judgment
MOYEENUL ISLAM CHOWDHURY, J:
1. On an application under Article 102 of the Constitution of the People's Republic of
Bangladesh filed by the petitioner, a Rule Nisi was issued calling upon the respondents to
show cause as to why the impugnedযৌথ অভিযান দায়মুক্তি আইন, ২০০৩ (২০০৩ সনের ১ নং আইন)
(Annexure-'A' to t... | Judgment
MOYEENUL ISLAM CHOWDHURY, J:
1. On an application under Article 102 of the Constitution of the People's Republic of
Bangladesh filed by the petitioner, a Rule Nisi was issued calling upon the respondents to
show cause as to why the impugnedযৌথ অভিযান দায়মুক্তি আইন, ২০০৩ (২০০৩ সনের ১ নং আইন)
(Annexure-'A' to t... | There cannot be any blanket indemnity of the persons accused of perpetration of crimes on the victims in their custody in view of the clear and unequivocal language of Article 46. Precisely speaking, indemnity can be given to the persons concerned for the maintenance or restoration of order in any area meaning thereby ... |
7_SCOB_HCD_3.pdf | State Vs Md. Nurul Amin Baitha & anr (Syed Md. Ziaul Karim, J) 7 SCOB [2016] HCD 40 | 7 | 2016 | original_ocr | **Judgment**
**Syed Md. Ziaul Karim, J:**
1. This death reference under Section 374 of the Code of Criminal Procedure (briefly as the Code) has been made by learned Judge of Nari-O-Shishu Nirjatan Daman Tribunal no.2, Sherpur (briefly as Tribunal), for confirmation of death sentences of condemned-accused.
2. The lea... | **Judgment**
**Syed Md. Ziaul Karim, J:**
1. This death reference under Section 374 of the Code of Criminal Procedure (briefly as the Code) has been made by learned Judge of Nari-O-Shishu Nirjatan Daman Tribunal no.2, Sherpur (briefly as Tribunal), for confirmation of death sentences of condemned-accused.
2. The lea... | Presence of the accused Baitha at the material time is supported by the evidence on record. Thus the death of the deceased was in the special knowledge of the accused Baitha. He knew how she met with death. Ordinarily an accused has no obligation to account for the death for which he is placed on trial. But in a case l... |
7_SCOB_HCD_4.pdf | Md. Bazlur Rahman Vs Shamsun Nahar & ors. (S. M. Emdadul Hoque, J) 7 SCOB [2016] HCD 61 | 7 | 2016 | original_ocr | **Judgment**
**S.M. EMDADUL HOQUE, J:**
1. On an application of the petitioner Md. Bazlur Rahman under section 115 (1) of the Code of Civil Procedure the Rule was issued calling upon the opposite parties to show cause as to why the impugned judgment of affirmance dated 02.05.2002 passed by the Joint District Judge, T... | **Judgment**
**S.M. EMDADUL HOQUE, J:**
1. On an application of the petitioner Md. Bazlur Rahman under section 115 (1) of the Code of Civil Procedure the Rule was issued calling upon the opposite parties to show cause as to why the impugned judgment of affirmance dated 02.05.2002 passed by the Joint District Judge, T... | It appears that both the courts after proper consideration of the evidence on record rightly opined that since the petitioner himself received the summons so without filing any appeal against the experte judgment and decree he cannot get any relief. |
7_SCOB_HCD_5.pdf | Sree Paresh Chandra Pramanik vs Md. Mokbul Hossain & ors (Borhanuddin, J) 7 SCOB [2016] HCD 64 | 7 | 2016 | translated_english | **Judgment**
**Borhanuddin, J:**
1. This rule has been issued calling upon opposite party no. 1 to show cause as to why judgment and order dated 28.04.2010 passed by the learned Additional District Judge, Naogaon, in Civil Miscellaneous Appeal No. 10 of 2008 reversing judgment and order dated 24.01.1998 passed by the... | **Judgment**
**Borhanuddin, J:**
1. This rule has been issued calling upon opposite party no. 1 to show cause as to why judgment and order dated 28.04.2010 passed by the learned Additional District Judge, Naogaon, in Civil Miscellaneous Appeal No. 10 of 2008 reversing judgment and order dated 24.01.1998 passed by the... | Section 28 of the Indian Succession Act, 1925, provides mode of computing of degrees of kindred in the manner set forth in the table of kindred set out in schedule 1. From the table of schedule 1, annexed with the counter affidavit, it is evident that brother-in-law is not a relation within three degrees by consanguini... |
7_SCOB_HCD_6.pdf | Mst. Anjuara Khanam @ Anju Vs State (M. Moazzam Husain, J) 7 SCOB [2016] HCD 67 | 7 | 2016 | original_ocr | **Judgment**
**M. Moazzam Husain, J:**
1. This Rule, at the instance of one of the accused, was issued calling in question the legality of the proceedings in Petition (Nari-o-Shishu) Case No.71 of 2014 u/s 7, 9(1) read with section 30 of the Nari-o-Shishu Nirjatan Damon Ain, 2000, as amended up-to-date now pending in... | **Judgment**
**M. Moazzam Husain, J:**
1. This Rule, at the instance of one of the accused, was issued calling in question the legality of the proceedings in Petition (Nari-o-Shishu) Case No.71 of 2014 u/s 7, 9(1) read with section 30 of the Nari-o-Shishu Nirjatan Damon Ain, 2000, as amended up-to-date now pending in... | The Tribunal has been clothed with power wide enough to cover all the power of a Magistrate and of the Sessions judge rolled together in ignoring investigation-report with concomitant power to entertain naraji and sending back the case for further investigation or, (where practicable) judicial inquiry. Sub-section (1) ... |
7_SCOB_HCD_7.pdf | State & ors Vs Julhash & ors (Soumendra Sarker, J) 7 SCOB [2016] HCD 84 | 7 | 2016 | original_ocr | **Judgment**
**Soumendra Sarker, J:**
1. This Death Reference No.18 of 2010 has been referred under section 374 of the Code of Criminal Procedure by the learned Additional Sessions Judge, $1^\text{st}$ Court, Gazipur for confirmation of the death sentence passed by the learned trial court in Sessions Case No.240 of 2... | **Judgment**
**Soumendra Sarker, J:**
1. This Death Reference No.18 of 2010 has been referred under section 374 of the Code of Criminal Procedure by the learned Additional Sessions Judge, $1^\text{st}$ Court, Gazipur for confirmation of the death sentence passed by the learned trial court in Sessions Case No.240 of 2... | The spirit of law on confession under section 164 of the Code of Criminal Procedure with regard to the confessional statement of a accused is such that a confession is a direct piece of evidence which is substantial and such statement of any accused can be relied upon for the purpose of conviction and no further corrob... |
7_SCOB_HCD_8.pdf | Youngone Synthetic Ind. Ltd & anr Vs Commissioner of Taxes (Sheikh Hassan Arif, J) 7 SCOB [2016] HCD 98 | 7 | 2016 | original_ocr | **Judgment**
**SHEIKH HASSAN ARIF, J:**
1. Since the questions of law and facts involved in the aforesaid four reference applications are almost same, they have been taken up together for hearing, and are now being disposed of by this common judgment.
2. The background facts in the aforesaid reference applications ... | **Judgment**
**SHEIKH HASSAN ARIF, J:**
1. Since the questions of law and facts involved in the aforesaid four reference applications are almost same, they have been taken up together for hearing, and are now being disposed of by this common judgment.
2. The background facts in the aforesaid reference applications ... | In calculating the total income in a concerned assessment year, the wears and tears of assets, which have been used for the purpose of the business and to earn revenue, have to be taken into consideration. From the context of the said concept, the relevant provisions have been incorporated in our statute book, namely I... |
7_SCOB_HCD_9.pdf | State & anr Vs Aynal Haque & anr (Bhabani Prashad Singha, J) 7 SCOB [2016] HCD 106 | 7 | 2016 | original_ocr | ### **Judgment**
**Bhabani Prashad Singha, J:**
1. This Death Reference has been made by the learned Judge, Nari-O-Shishu Nirjatan Daman Tribunal, Narsingdi for confirmation of the death sentence imposed upon the condemned-prisoner Aynal Haque in Nari-O-Shishu Nirjatan Daman Tribunal Case No. 302
of 2008 arising out... | ### **Judgment**
**Bhabani Prashad Singha, J:**
1. This Death Reference has been made by the learned Judge, Nari-O-Shishu Nirjatan Daman Tribunal, Narsingdi for confirmation of the death sentence imposed upon the condemned-prisoner Aynal Haque in Nari-O-Shishu Nirjatan Daman Tribunal Case No. 302
of 2008 arising out... | In a wife killing case, there could be no eye-witness of the occurrence, apart from the inmates of the house who may refuse to tell the truth, the neighbors may not also come forward to depose. The prosecution is, therefore, necessarily to rely on circumstantial evidence. |
7_SCOB_HCD_10.pdf | Orascom Telecom Bangladesh Ltd Vs. BTRC & ors (Md. Ashraful Kamal, J) 7 SCOB [2016] HCD 115 | 7 | 2016 | original_ocr | **Judgment**
**Md. Ashraful Kamal, J:**
1. This Rule Nisi was issued on an application under section 102 (2) (a) (ii) of the Constitution of the People's Republic of Bangladesh registered by the petitioner Orascom Telecom Bangladesh Limited calling upon the respondents to show cause as to why the decision of the Bangl... | **Judgment**
**Md. Ashraful Kamal, J:**
1. This Rule Nisi was issued on an application under section 102 (2) (a) (ii) of the Constitution of the People's Republic of Bangladesh registered by the petitioner Orascom Telecom Bangladesh Limited calling upon the respondents to show cause as to why the decision of the Bangl... | The issue of applicability of VAT and/or liability of the petitioner company to pay the VAT has no relation whatsoever with regard to the payment of license renewal fee and spectrum assignment fee. The petitioner company is bound to pay the net amount of the license renewal fee fixed by BTRC, without any kind of deduct... |
7_SCOB_HCD_11.pdf | Md. Jahangir Alam & ors Vs D.C Munshiganj & ors (Mohammad Ullah, J) 7 SCOB [2016] HCD 130 | 7 | 2016 | original_ocr | **Judgment**
**Mohammad Ullah, J:**
1. On an application under Article 102 of the Constitution of the People's Republic of Bangladesh, at the instance of the 5(five) petitioners the following Rule Nisi was issued upon the respondent no. 1. the Deputy Commissioner, Munshiganj, 2. Bijon Kumar Singha, Executive Magistr... | **Judgment**
**Mohammad Ullah, J:**
1. On an application under Article 102 of the Constitution of the People's Republic of Bangladesh, at the instance of the 5(five) petitioners the following Rule Nisi was issued upon the respondent no. 1. the Deputy Commissioner, Munshiganj, 2. Bijon Kumar Singha, Executive Magistr... | It appears that the powers conferred under section 5(2)(b) read with section 5A on an Executive Magistrate extend to conviction and sentence and also to confiscation of the article(s) or thing(s) used in the commission of the offence. Besides, the Act or the Rules does not speak of putting the factories under sealed lo... |
7_SCOB_HCD_12.pdf | Mainuddin Ahammed Vs Bangladesh & ors (Muhammad Khurshid Alam Sarkar, J) 7 SCOB [2016] HCD 134 | 7 | 2016 | original_ocr | **Judgment**
**MUHAMMAD KHURSHID ALAM SARKAR, J:**
1. By filing an application under Article 102 of the Constitution, the petitioner sought to question the legality and propriety of the notice dated 28.10.2009 (annexure-H) issued by respondent no. 8 (Deputy Assistant Settlement Officer, Sadar, Comilla) who has asked ... | **Judgment**
**MUHAMMAD KHURSHID ALAM SARKAR, J:**
1. By filing an application under Article 102 of the Constitution, the petitioner sought to question the legality and propriety of the notice dated 28.10.2009 (annexure-H) issued by respondent no. 8 (Deputy Assistant Settlement Officer, Sadar, Comilla) who has asked ... | During conducting the revisional survey under Section 144 of the SAT Act, till final record-of-rights are published, no suit lies in any civil Court challenging any action or Order of the Settlement Officer as provided in Section 144B of the SAT Act and, thus, the only option available for respondent no. 12 was to take... |
7_SCOB_HCD_13.pdf | Asoke Das Gupta Vs Ministry of Finance & ors (Kashefa Hussain, J) 7 SCOB [2016] HCD 148 | 7 | 2016 | original_ocr | **Judgment**
**Kashefa Hussain, J:**
1. This Rule Nisi was issued calling upon the respondents to show cause as to why Section 53M of the Income Tax Ordinance, 1984 (hereinafter called ITO 1984) shall not be declared contrary to section 4(ja) of the Gift Tax Act, 1990 and shall have no legal effect and (B) why the co... | **Judgment**
**Kashefa Hussain, J:**
1. This Rule Nisi was issued calling upon the respondents to show cause as to why Section 53M of the Income Tax Ordinance, 1984 (hereinafter called ITO 1984) shall not be declared contrary to section 4(ja) of the Gift Tax Act, 1990 and shall have no legal effect and (B) why the co... | Section 53M Explanation 1 is contrary to the rest of the provisions of the ITO, 1984, being against the sprit and intent of the Ordinance and also contrary to the Section 4 of Gift Tax Act, 1990. Therefore the impugned collection of advance tax against transfer of shares to the daughter of the petitioner is unlawful an... |
7_SCOB_HCD_14.pdf | Sonali Bank Vs. Md. Abu Baker Sarker (S.M. Mozibur Rahman, J) 7 SCOB [2016] HCD 156 | 7 | 2016 | original_ocr | **Judgment**
**S.M. Mozibur Rahman, J:**
1. This Appeal is directed against the judgment and decree dated 29.02.1996 passed by the learned Judge of Artha Rin Adalat, Jamalpur in Mortgage Title Suit No. 4 of 1993.
2. The plaintiff's case, in short, is that the appellant Sonali Bank, Islampur Branch, Jamalpur institut... | **Judgment**
**S.M. Mozibur Rahman, J:**
1. This Appeal is directed against the judgment and decree dated 29.02.1996 passed by the learned Judge of Artha Rin Adalat, Jamalpur in Mortgage Title Suit No. 4 of 1993.
2. The plaintiff's case, in short, is that the appellant Sonali Bank, Islampur Branch, Jamalpur institut... | The court has no power to exempt the defendant respondent from the liability of paying up interest however high rate it may be ... since the financial institution bank itself preserves the exclusive right to exempt any-body from payment of interest of loan they sanctioned. |
7_SCOB_HCD_15.pdf | Afangir @ Kalu Vs. The State (Md. Farid Ahmed Shibli, J) 7 SCOB [2016] HCD 161 | 7 | 2016 | original_ocr | **Judgment**
**Md. Farid Ahmed Shibli, J.**
1. This Jail Appeal, at the instance of the Convict-Appellant Afangir @ Kalu, is directed against the Judgment and order of conviction dated 28.03.2011 passed by learned Judge of Special Tribunal No.4, who is also the Joint Session Judge, Jhenaidah, in Special Tribunal Case... | **Judgment**
**Md. Farid Ahmed Shibli, J.**
1. This Jail Appeal, at the instance of the Convict-Appellant Afangir @ Kalu, is directed against the Judgment and order of conviction dated 28.03.2011 passed by learned Judge of Special Tribunal No.4, who is also the Joint Session Judge, Jhenaidah, in Special Tribunal Case... | Mere knowledge of an accused or his equivocal disclosure about existence of bomb-making powders during his police custody shall not expose him to any criminal liability of possessing or controlling that illegal substance. |
6_SCOB_HCD_1.pdf | Anowar Ahmed & anr Vs State 6 SCOB [2016] HCD 1 | 6 | 2016 | original_ocr | **Judgment**
**SALMA MASUD CHOWDHURY, J.**
1. This Rule arising out of an application under section 561A of the Code of Criminal Procedure at the instance of the accused petitioner was issued calling upon the opposite party to show cause as to why the proceedings taken against the accused petitioners in Metro. Specia... | **Judgment**
**SALMA MASUD CHOWDHURY, J.**
1. This Rule arising out of an application under section 561A of the Code of Criminal Procedure at the instance of the accused petitioner was issued calling upon the opposite party to show cause as to why the proceedings taken against the accused petitioners in Metro. Specia... | The customs authority being satisfied about the import documents, released the imported cloths from customs station and the petitioners handed over the imported cloths to the importer as C and F Agent from the Custom Area and place of business of the petitioners is the Customs House or Custom Area as per section 2(i) a... |
6_SCOB_HCD_2.pdf | Bright Textile Ind. (Pvt.) Ltd Vs Commissioner of Taxes 6 SCOB [2016] HCD 5 | 6 | 2016 | original_ocr | ### Judgment
**A.F.M. Abdur Rahman, J:**
1. With the following formulated question made in the supplementary-affidavit in all these 4(four) Income Tax Reference Applications, the Assessee-applicant, Bright Textile Industries (Pvt.) Limited, preferred the instant Income Tax Reference Applications under section 160(1) ... | ### Judgment
**A.F.M. Abdur Rahman, J:**
1. With the following formulated question made in the supplementary-affidavit in all these 4(four) Income Tax Reference Applications, the Assessee-applicant, Bright Textile Industries (Pvt.) Limited, preferred the instant Income Tax Reference Applications under section 160(1) ... | The DCT concern, prior to discarding the book versions of the accounts has to raise dissatisfaction as to the method of accounting as to its cumbersomeness that the true and correct income of the Assessee-applicant cannot be deduced therefrom or to pin point the defect in the accounts; else the DCT concern has to accep... |
6_SCOB_HCD_3.pdf | Md. Saidur Rahman Sarker Vs Bangladesh & ors 6 SCOB [2016] HCD 13 | 6 | 2016 | translated_english | **Judgment**
**Zinat Ara, J:**
1. In this Rule Nisi, the petitioner has called in question the legality of the office order under Memo No. Ni.Ka.Sha./Ni-1/UP Nirbachan-1 (Parichalana)/Rang-Division/2011/342 dated 01.06.2011 issued by respondent No. 3 (Annexure-M to the writ petition) staying election of Botlagari Uni... | **Judgment**
**Zinat Ara, J:**
1. In this Rule Nisi, the petitioner has called in question the legality of the office order under Memo No. Ni.Ka.Sha./Ni-1/UP Nirbachan-1 (Parichalana)/Rang-Division/2011/342 dated 01.06.2011 issued by respondent No. 3 (Annexure-M to the writ petition) staying election of Botlagari Uni... | It does not appear that the Election Commission, after admitted declaration of schedule for holding election of Botlagari Union, has taken independent decision of its own considering the facts and circumstances of the case. Rather, it passed the impugned order at the proposal/direction of the Ministry of Local Governme... |
6_SCOB_HCD_4.pdf | M. A. Hashem Vs. Artha Rin Adalat, Dhaka & ors 6 SCOB [2016] HCD 19 | 6 | 2016 | translated_english | **Judgment**
**SYED REFAAT AHMED, J:-**
1. In this Application under Article 102 of the Constitution a Rule Nisi has been issued at the instance of the Petitioner calling upon the Respondents to show cause as to why the Order No. 105 dated 29.09.2011 passed by the Respondent No.1, the learned Judge of the Artha Rin A... | **Judgment**
**SYED REFAAT AHMED, J:-**
1. In this Application under Article 102 of the Constitution a Rule Nisi has been issued at the instance of the Petitioner calling upon the Respondents to show cause as to why the Order No. 105 dated 29.09.2011 passed by the Respondent No.1, the learned Judge of the Artha Rin A... | A statutory privilege is a nascent right reserved to an individual person but this privilege is lost once he/she himself infringes it or abandons it voluntarily. The Writ Petitioner in fact has abandoned the statutory privilege by willfully and deliberately refraining from depositing the balance amount of bid money wit... |
6_SCOB_HCD_5.pdf | Dr. Moazzem Hossain Vs Bangladesh & ors 6 SCOB [2016] HCD 34 | 6 | 2016 | original_ocr | ### Judgment
**MOYEENUL ISLAM CHOWDHURY, J:**
1. On an application under Article 102 of the Constitution of the People's Republic of Bangladesh filed by the petitioner, a Rule Nisi was issued calling upon the respondents to show cause as to why the Memo No. সংস্থা/3H-168/®l-7940 dated 11.06.2012 should not be declare... | ### Judgment
**MOYEENUL ISLAM CHOWDHURY, J:**
1. On an application under Article 102 of the Constitution of the People's Republic of Bangladesh filed by the petitioner, a Rule Nisi was issued calling upon the respondents to show cause as to why the Memo No. সংস্থা/3H-168/®l-7940 dated 11.06.2012 should not be declare... | Will the petitioner continue to suffer loss of his seniority through no fault of his own? Is the Writ Court powerless in this regard? In this connection, it may be pointed out that the Writ Court is also a Court of equity. The principles of natural justice, equity and good conscience demand that the seniority of the pe... |
6_SCOB_HCD_6.pdf | State Vs Kalam alias Abul Kalam 6 SCOB [2016] HCD 43 | 6 | 2016 | original_ocr | **Judgment**
**A.N.M. Bashir Ullah, J:**
1. This Death Reference being no. 42 of 2010 has been sent by the Additional Sessions Judge, $2^{\text{nd}}$ Court, Kishoreganj under section 374 of the Code of Criminal Procedure (in short, the Code) for confirmation of sentence of death awarded by him upon convict Kalam (who... | **Judgment**
**A.N.M. Bashir Ullah, J:**
1. This Death Reference being no. 42 of 2010 has been sent by the Additional Sessions Judge, $2^{\text{nd}}$ Court, Kishoreganj under section 374 of the Code of Criminal Procedure (in short, the Code) for confirmation of sentence of death awarded by him upon convict Kalam (who... | A dying declaration, whether written or oral, if accepted by the Court unhesitatingly, can itself provide a strong basis for convicting an accused. |
6_SCOB_HCD_7.pdf | Barakatuallah Electro Dynamics Ltd Vs BPDB & ors 6 SCOB [2016] HCD 56 | 6 | 2016 | original_ocr | **Judgment**
**SHEIKH HASSAN ARIF, J:**
1. Since the questions of law and facts involved in the aforesaid five writ petitions are almost same, they have been taken up together for hearing, and are now being disposed of by this common judgment.
2. Rules in the aforesaid writ petitions were issued in similar terms, n... | **Judgment**
**SHEIKH HASSAN ARIF, J:**
1. Since the questions of law and facts involved in the aforesaid five writ petitions are almost same, they have been taken up together for hearing, and are now being disposed of by this common judgment.
2. Rules in the aforesaid writ petitions were issued in similar terms, n... | It appears from Clause-(d) of Article-2 of P.O. 59 of 1972 that the term "Government" has been specifically defined therein. According to the said provision, "Government" means the Government of the People's of Bangladesh. Clause-(h) of Article-2 further provides that "Power Board" means Bangladesh Power Development Bo... |
6_SCOB_HCD_8.pdf | Md. Yousuf Ali Akon & ors Vs. BIWTA & ors. 6 SCOB [2016] HCD 66 | 6 | 2016 | translated_english | ### **Judgment**
**Md. Ashraful Kamal, J:**
1. This Rule Nisi was issued calling upon the respondent Nos. 1 to 8 to show cause as to why they should not be directed to treat the petitioners as permanent in their post of Master Pilots and allow them to enjoy the benefits of permanent Master Pilots according to law and... | ### **Judgment**
**Md. Ashraful Kamal, J:**
1. This Rule Nisi was issued calling upon the respondent Nos. 1 to 8 to show cause as to why they should not be directed to treat the petitioners as permanent in their post of Master Pilots and allow them to enjoy the benefits of permanent Master Pilots according to law and... | In the advertisement dated 19.01.2004, the authority has given an express promise to that effect that the appointee shall be on a probation period of 1 (one) year and after satisfactory completion of the said probationary period, the appointee shall be absorbed and therefore, the petitioners' legitimate expectation ari... |
6_SCOB_HCD_9.pdf | Abdus Salam & ors. Vs. State 6 SCOB [2016] HCD 82 | 6 | 2016 | original_ocr | **Judgment**
**K. M. Kamrul Kader, J:**
1. This appeal is directed against the judgment and order of conviction and sentence dated 22.03.2005 passed by the learned Additional Sessions Judge, $2^{\text{nd}}$ Court, Rangpur in Sessions Case No. 283 of 2002 convicting the appellants under sections 302/34 of the Penal Co... | **Judgment**
**K. M. Kamrul Kader, J:**
1. This appeal is directed against the judgment and order of conviction and sentence dated 22.03.2005 passed by the learned Additional Sessions Judge, $2^{\text{nd}}$ Court, Rangpur in Sessions Case No. 283 of 2002 convicting the appellants under sections 302/34 of the Penal Co... | The ocular evidence of prosecution witnesses supported by post mortem report with regard to the injury no. 1 and 2 cannot be disbelieved. Further, the medical evidence is only corroborative in nature, in that view, the ocular evidence of the eye-witnesses, which substantially corroborates the injuries on the person of ... |
6_SCOB_HCD_10.pdf | Mahbub Ali Vs. Judge, Artha Rin Adalat & ors 6 SCOB[2016]HCD 102 | 6 | 2016 | translated_english | **Judgment**
**Mohammad Ullah, J:**
1. Rule Nisi was issued calling upon the respondents to show cause as to why the order No. 67 dated 01.04.2012(Annexure-G) as well as the judgment and decree dated 27.04.2011 (decree signed on 03.05.2011) (Annexure-E) passed by the Artha Rin Adalat-1, Chittagong in Artha Rin Suit N... | **Judgment**
**Mohammad Ullah, J:**
1. Rule Nisi was issued calling upon the respondents to show cause as to why the order No. 67 dated 01.04.2012(Annexure-G) as well as the judgment and decree dated 27.04.2011 (decree signed on 03.05.2011) (Annexure-E) passed by the Artha Rin Adalat-1, Chittagong in Artha Rin Suit N... | It appears that, admittedly, defendant no. 3-petitioner was neither a borrower nor guarantor and even nor a mortgagor relating to the loan liability and, therefore, he is not liable for repayment of the loan inasmuch as the petitioner does not come within the purview of sub-section (5) of section 6 of the Ain, 2003, wh... |
6_SCOB_HCD_11.pdf | Rashid & ors Vs. State & ors 6 SCOB[2016]HCD 108 | 6 | 2016 | original_ocr | **Judgment**
**Muhammad Khurshid Alam Sarkar, J.**
1. By invoking the extraordinary jurisdiction of this Court under Section 561A of the Code of Criminal Procedure, 1898 (CrPC), the accused-petitioners sought to quash the judgment and order dated 06.08.2012 passed by the learned Sessions Judge, Sunamganj in Criminal ... | **Judgment**
**Muhammad Khurshid Alam Sarkar, J.**
1. By invoking the extraordinary jurisdiction of this Court under Section 561A of the Code of Criminal Procedure, 1898 (CrPC), the accused-petitioners sought to quash the judgment and order dated 06.08.2012 passed by the learned Sessions Judge, Sunamganj in Criminal ... | The learned Sessions Judge, Sunamgonj appears to have fallen in error in law in directing the learned Judicial Magistrate to take cognizance directly inasmuch as from a mere reading of Section 436 of the CrPC, it appears that the learned Sessions Judge is not empowered to directly ask any Judicial Magistrate to take co... |
6_SCOB_HCD_12.pdf | Md. Sadek Hossain & ors Vs. Most. Azmeri Begum and ors. 6 SCOB[2016]HCD 112 | 6 | 2016 | original_ocr | **Judgment**
**Kashefa Hussain, J:**
1. This appeal is directed at the instance of the defendant-appellants against judgment and decree dated 11.01.2011 passed by the learned Joint District Judge, $5^\text{th}$ Court, Dhaka in Title Suit No.284 of 2009 decreeing the suit.
2. The facts relevant for disposal of the ap... | **Judgment**
**Kashefa Hussain, J:**
1. This appeal is directed at the instance of the defendant-appellants against judgment and decree dated 11.01.2011 passed by the learned Joint District Judge, $5^\text{th}$ Court, Dhaka in Title Suit No.284 of 2009 decreeing the suit.
2. The facts relevant for disposal of the ap... | From a close reading of Section 115 of the Evidence Act ..., it is quite clear that the legislature does not allow a person from retracting or denying anything that which he might intentionally have said or done either verbally or by action or by omission and the consequence of which might have led some other person to... |
6_SCOB_HCD_13.pdf | Musa Kalimullah Vs Secretary, WR, MoWD & ors 6SCOB[2016] HCD 124 | 6 | 2016 | original_ocr | ### Judgment
**Md. Farid Ahmed Shibli, J:**
1. This Rule Nisi has been issued calling upon the respondents to show cause as to why the impugned memo. No. ms¯'vcb/PaUBo(Hi)315 dated 07.05.2003 refusing the Petitioner to pay the benefits of 03 (three) Time Scales shall not be declared to be without any lawful authority... | ### Judgment
**Md. Farid Ahmed Shibli, J:**
1. This Rule Nisi has been issued calling upon the respondents to show cause as to why the impugned memo. No. ms¯'vcb/PaUBo(Hi)315 dated 07.05.2003 refusing the Petitioner to pay the benefits of 03 (three) Time Scales shall not be declared to be without any lawful authority... | It transpires that for a Steno-Typist of the Board the post of Stenographer is a promotion post and the decision of promotion is to be made on the basis of merit through open competition in which serving Steno-Typists and outsiders may take part. It is true that the Petitioner had earlier drawn the benefits of 3 time-s... |
5_SCOB_HCD_1.pdf | Md. Mijanur Rahman Vs. Bangladesh and ors (Zinat Ara, J) 5 SCOB [2015] HCD 1 | 5 | 2015 | original_ocr | **Judgment**
**Zinat Ara, J:**
1. In the original writ petition, the petitioner has challenged the legality of departmental proceeding No. 9/2006 dated 25.11.2006, charges dated 11.11.2006 and order dated 30.05.2007 (Annexures-C-1, G and H respectively to the writ petition).
2. During pendency of the Rule Nisi, fina... | **Judgment**
**Zinat Ara, J:**
1. In the original writ petition, the petitioner has challenged the legality of departmental proceeding No. 9/2006 dated 25.11.2006, charges dated 11.11.2006 and order dated 30.05.2007 (Annexures-C-1, G and H respectively to the writ petition).
2. During pendency of the Rule Nisi, fina... | `A person in the service of the Republic or of any statutory public authority` includes a person who is or has retired or is dismissed, removed or discharged from such service but does not include a person in the defence services of Bangladesh or of the Bangladesh Rifles. |
5_SCOB_HCD_2.pdf | Md. Shariful Alam Vs Artha Rin Adalat & anr (Zubayer Rahman Chowdhury, J) 5 SCOB [2015] HCD 6 | 5 | 2015 | original_ocr | ### **Judgment**
**Zubayer Rahman Chowdhury, J :**
1. The instant Rule was issued calling in question the legality and propriety of Order No. 10 dated 01.09.2014, as evidence by Annexure- D, passed by the learned Joint District Judge, $1^\text{st}$ Court and Artha Rin Adalat, Jessore in Artha Rin Suit No. 42 of 2013 ... | ### **Judgment**
**Zubayer Rahman Chowdhury, J :**
1. The instant Rule was issued calling in question the legality and propriety of Order No. 10 dated 01.09.2014, as evidence by Annexure- D, passed by the learned Joint District Judge, $1^\text{st}$ Court and Artha Rin Adalat, Jessore in Artha Rin Suit No. 42 of 2013 ... | The language used in the section makes it clear that the plaint has to be filed along with an affidavit, both as to the statements made in the plaint as well as to the documents annexed with the plaint. Therefore, non-compliance with the mandatory requirement of law has rendered the plaint invalid in the eye of law and... |
5_SCOB_HCD_3.pdf | Abdul Mazid @ Khoka & ors Vs. State & ors (Moyeenul Islam Chowdhury, J) 5 SCOB [2015] HCD 9 | 5 | 2015 | translated_english | ### Judgment
**MOYEENUL ISLAM CHOWDHURY, J:**
1. The Criminal Appeal Nos. 4289 of 2009, 4322 of 2009, 4324 of 2009, 4358 of 2009 and the Jail Appeal Nos. 452 of 2009 and 453 of 2009, at the instance of the convict-appellants, are directed against the judgment and order of conviction and sentence dated 22.06.2009 pass... | ### Judgment
**MOYEENUL ISLAM CHOWDHURY, J:**
1. The Criminal Appeal Nos. 4289 of 2009, 4322 of 2009, 4324 of 2009, 4358 of 2009 and the Jail Appeal Nos. 452 of 2009 and 453 of 2009, at the instance of the convict-appellants, are directed against the judgment and order of conviction and sentence dated 22.06.2009 pass... | The rule that the evidence of interested witnesses requires corroboration is not an inflexible one. It is a rule of caution rather than an ordinary rule of appreciation of evidence. |
5_SCOB_HCD_4.pdf | Renuka Rani Mondol Vs Biswajit Mondol & anr (Borhanuddin, J) 5 SCOB [2015] HCD 33 | 5 | 2015 | original_ocr | ### **Judgment**
**Borhanuddin, J:**
1. This Rule has been issued calling upon opposite party no. 1 to show cause as to why judgment and decree dated 16.03.2002 passed by the learned Additional District Judge, $1^\text{st}$ Court, Khulna, in Title Appeal No. 121 of 2000 allowing the appeal in part by way of modifying... | ### **Judgment**
**Borhanuddin, J:**
1. This Rule has been issued calling upon opposite party no. 1 to show cause as to why judgment and decree dated 16.03.2002 passed by the learned Additional District Judge, $1^\text{st}$ Court, Khulna, in Title Appeal No. 121 of 2000 allowing the appeal in part by way of modifying... | Appellate court below allowed the appeal in part holding that the deed was not acted upon since there is no evidence that possession was delivered to the defendant no.1. This finding is not correct. Where the instrument of gift has been registered, delivery of possession is not essential for the validity of a gift by a... |
5_SCOB_HCD_5.pdf | Mrs. Hurun Nahar & ors Vs Mozammel Haque & ors (Krishna Debnath, J) 5 SCOB [2015] HCD 37 | 5 | 2015 | translated_english | **Judgment**
**Krishna Debnath:**
1. This Rule under Section 115(1) of the Code of Civil Procedure was issued calling upon the opposite party Nos. 1(a) to 1(f) to show cause as to why the impugned orders dated 29.03.2000 and 09.04.2000 in Title Appeal No. 257 of 1997 passed by the Additional District Judge, 4<sup>th<... | **Judgment**
**Krishna Debnath:**
1. This Rule under Section 115(1) of the Code of Civil Procedure was issued calling upon the opposite party Nos. 1(a) to 1(f) to show cause as to why the impugned orders dated 29.03.2000 and 09.04.2000 in Title Appeal No. 257 of 1997 passed by the Additional District Judge, 4<sup>th<... | During the course of pendency of original proceedings in the Trial Court, the Court may permit the plaintiff to withdraw the suit with liberty to file a fresh one, when there is a formal defect in the suit or for any other reason as provided, but such a right is not available to the plaintiff when there is already a ju... |
5_SCOB_HCD_6.pdf | Coats Bangladesh Ltd Vs Commissioner, Customs Bond Com. & ors. (Sheikh Hassan Arif, J) 5 SCOB [2015] HCD 40 | 5 | 2015 | original_ocr | ### **Judgment**
**Sheikh Hassan Arif, J**
1. Rule was issued calling upon the respondents to show cause as to why (i) the order dated 16.05.2004 (Annexure-A) issued by respondent No.2 directing cancellation of the petitioner's Bonded Warehouse License (Annexure-C), (ii) order dated 25.05.2004 (Annexure A-1) issued b... | ### **Judgment**
**Sheikh Hassan Arif, J**
1. Rule was issued calling upon the respondents to show cause as to why (i) the order dated 16.05.2004 (Annexure-A) issued by respondent No.2 directing cancellation of the petitioner's Bonded Warehouse License (Annexure-C), (ii) order dated 25.05.2004 (Annexure A-1) issued b... | When a higher authority, namely the NBR, has expressed its opinion agreeing with the proposal sent by the earlier Bond Commissioner (Mr. Helal Uddin), it became very much difficult for the subsequent Bond Commissioner (Mr. Enayet) to go for any other option but to follow the proposal as was agreed upon by the NBR. This... |
5_SCOB_HCD_7.pdf | State & ors Vs Syed A. Salam & ors (Bhabani Prasad Singha, J) 5 SCOB [2015] HCD 49 | 5 | 2015 | original_ocr | **Judgment**
**Bhabani Prasad Singha, J:**
1. The Criminal Appeal No.208 of 2006 and Jail Appeal No.89 of 2006 at the instance of the convict-accused Jahangir @ Kala jahangir, the Criminal Appeal No.231 of 2006 and Jail Appeal No.87 of 2007 at the instance of the convict-accused Syed Abdus Salam @ Md. Salam, the Crim... | **Judgment**
**Bhabani Prasad Singha, J:**
1. The Criminal Appeal No.208 of 2006 and Jail Appeal No.89 of 2006 at the instance of the convict-accused Jahangir @ Kala jahangir, the Criminal Appeal No.231 of 2006 and Jail Appeal No.87 of 2007 at the instance of the convict-accused Syed Abdus Salam @ Md. Salam, the Crim... | An Advocate to defend an undefended accused charged with capital punishment should be appointed well in time of the commencement of trial of the case to enable him to study the case and the lawyer should be of sufficient standing and able to render assistance. The lawyer should be provided with the papers similar to th... |
5_SCOB_HCD_8.pdf | Mrs. Sitara Siddiq Vs Bangladesh & ors. (Md. Ashraful Kamal, J) 5 SCOB [2015] HCD 57 | 5 | 2015 | original_ocr | **Judgment**
**Md. Ashraful Kamal, J:**
1. This Rule was issued calling upon the respondents to show cause as to why the inclusion of the property of the petitioner measuring 14 kathas 15 ½ chattaks lying in Plot No. SW(D)-9, Road No. 8 of Gulshan Model Town, Dhaka in the `Kha` list of the Abandoned property shown at... | **Judgment**
**Md. Ashraful Kamal, J:**
1. This Rule was issued calling upon the respondents to show cause as to why the inclusion of the property of the petitioner measuring 14 kathas 15 ½ chattaks lying in Plot No. SW(D)-9, Road No. 8 of Gulshan Model Town, Dhaka in the `Kha` list of the Abandoned property shown at... | The application under sub-section (1) of section 7 shall contain the particulars as stipulated in Sub-section (1) of section 8 and also shall be accompanied by all the documents or the Photostat or true copies, as stipulated in Sub-section (2) of section 8 of the Ordinance No. LIV of 1985. In both the Sub-sections (1) ... |
5_SCOB_HCD_9.pdf | Shamsun Nahar Begum Shelly Vs. Bangladesh & ors (Mahmudul Hoque, J) 5 SCOB [2015] HCD 67 | 5 | 2015 | translated_english | **Judgment**
**Mahmudul Hoque, J:**
1. In this application under Article 102 of the Constitution of Bangladesh a Rule Nisi has been issued at the instance of the Petitioner calling upon the Respondents to show cause as to why the decision dated 10.12.2009 passed by Respondent No.3 in Case No. 221 of 1992 dismissing t... | **Judgment**
**Mahmudul Hoque, J:**
1. In this application under Article 102 of the Constitution of Bangladesh a Rule Nisi has been issued at the instance of the Petitioner calling upon the Respondents to show cause as to why the decision dated 10.12.2009 passed by Respondent No.3 in Case No. 221 of 1992 dismissing t... | The Government- Respondent never issued and served any notice upon the owner and the occupier under Article 7 of P.O. 16 of 1972 or under Section 5(1)(b) of the Ordinance, 1985. Non-service of notice as required by law disentitled the Government-Respondent to claim that the property was legally declared abandoned and e... |
5_SCOB_HCD_10.pdf | Shoel Textile Mills Ltd & ors Vs Bangladesh & ors (Kashefa Hussain, J) 5 SCOB [2015] HCD 74 | 5 | 2015 | original_ocr | **Judgment**
**Kashefa Hussain, J:**
1. Let the supplementary affidavit do form part of the main petition.
2. All these Writ petitions are heard together and disposed of by a single judgment as there are involved common questions of fact and law.
3. In writ petition No. 12210 of 2013 on an application under Articl... | **Judgment**
**Kashefa Hussain, J:**
1. Let the supplementary affidavit do form part of the main petition.
2. All these Writ petitions are heard together and disposed of by a single judgment as there are involved common questions of fact and law.
3. In writ petition No. 12210 of 2013 on an application under Articl... | The moment a bank or any other financial institutions reschedules a loan or grants any kind of loan, credit facilities or any other sort of financial assistance infavour of any person, it is virtually an admission on its part that the person to whom such financial assistance is being granted is not a loan defaulter und... |
5_SCOB_HCD_11.pdf | Jafri Soap and Chemical Ind. & ors Vs. Agrani Bank & ors (S.M. Mozibur Rahman, J) 5 SCOB [2015] HCD 79 | 5 | 2015 | translated_english | **Judgment**
**S.M. Mozibur Rahman, J:**
1. This appeal is directed against the judgment and decree dated 16.06.2011 passed by learned Joint District Judge, 1st Court, Narayanganj dismissing the Title Suit No. 90 of 2005.
5 SCOB[2015]HCD Jafri Soap and Chemical Ind. & ors Vs. Agrani Bank & ors (S.M. Mozibur Rahman, ... | **Judgment**
**S.M. Mozibur Rahman, J:**
1. This appeal is directed against the judgment and decree dated 16.06.2011 passed by learned Joint District Judge, 1st Court, Narayanganj dismissing the Title Suit No. 90 of 2005.
5 SCOB[2015]HCD Jafri Soap and Chemical Ind. & ors Vs. Agrani Bank & ors (S.M. Mozibur Rahman, ... | Without the provisions of Artha Rin Adalat Ain, 2003 any question regarding any proceedings initiated or any order, judgment or decree passed by the Judge of the Artha Rin Adalat cannot be raised in any court or to any authority and no court or authority will take cognizance or accept any application praying for any re... |
5_SCOB_HCD_12.pdf | Rahima Begum VS. The State (Md. Farid Ahmed Shibli, J) 5 SCOB [2015] HCD 84 | 5 | 2015 | original_ocr | **Judgment**
**Md. Farid Ahmed Shibli, J.**
1. This Criminal appeal is directed against the Judgment and order of conviction dated 19.04.2009 passed by the learned Sessions Judge of Noakhali in Sessions Case No. 127 of 2006 arising out of Begumgonj P.S Case No. 46 dated 29.12.2005 corresponding to G.R Case No. 521 of... | **Judgment**
**Md. Farid Ahmed Shibli, J.**
1. This Criminal appeal is directed against the Judgment and order of conviction dated 19.04.2009 passed by the learned Sessions Judge of Noakhali in Sessions Case No. 127 of 2006 arising out of Begumgonj P.S Case No. 46 dated 29.12.2005 corresponding to G.R Case No. 521 of... | There might be, as it appears, some animosity or hostility between the accused-appellant`s husband Ali Haider and the deceased`s father Abdur Rashid. But there was no such enmity between the accused-appellant and deceased`s father or mother. In view of the facts above and evidence given by the prosecution, it is beyond... |
5_SCOB_HCD_13.pdf | Motiur Rahman @ Moitta & ors Vs. The State (Amir Hossain, J) 5 SCOB [2015] HCD 91 | 5 | 2015 | original_ocr | ### Judgment
**Amir Hossain, J.**
1. This appeal is directed against the judgment and order of conviction and sentence dated 23.03.1998 passed by the learned Special Tribunal No. 14 and Additional District and Sessions Judge, Court No. 6, Chittagong in Special Tribunal Case No. 245 of 1992 arising out of Patia Police... | ### Judgment
**Amir Hossain, J.**
1. This appeal is directed against the judgment and order of conviction and sentence dated 23.03.1998 passed by the learned Special Tribunal No. 14 and Additional District and Sessions Judge, Court No. 6, Chittagong in Special Tribunal Case No. 245 of 1992 arising out of Patia Police... | The person from whose exclusive control and possession arms and ammunition are found is the only person to be liable. |
5_SCOB_HCD_14.pdf | Ramesh Chandra Das & ors Vs. Sureshwar Mazumdar & ors (Khizir Ahmed Choudhury, J) 5 SCOB [2015] HCD 96 | 5 | 2015 | original_ocr | ### **Judgment**
**Khizir Ahmed Choudhury, J:**
1. This first appeal has been preferred against the judgment and decree dated 04.11.2012 passed by learned Joint District Judge, 5th Court, Dhaka in Title Suit No. 484 of 2012 decreeing the suit in favour of the plaintiff.
2. Gopal Chandra Majumder, the predecessor-in... | ### **Judgment**
**Khizir Ahmed Choudhury, J:**
1. This first appeal has been preferred against the judgment and decree dated 04.11.2012 passed by learned Joint District Judge, 5th Court, Dhaka in Title Suit No. 484 of 2012 decreeing the suit in favour of the plaintiff.
2. Gopal Chandra Majumder, the predecessor-in... | The defendant forfeited their right to stay in the suit properties by denying the title of the plaintiffs and as such the contents of the notice or any purported facts are insignificant here. Because if someone denies title of the land lord, notice under section 106 of the Transfer of Property Act may be dispensed with... |
5_SCOB_HCD_15.pdf | Roli Chamka Vs Kantiomy Chakma & ors (Md. Iqbal Kabir, J) 5 SCOB [2015] HCD 101 | 5 | 2015 | translated_english | ### **Judgment**
**Md. Iqbal Kabir. J:**
1. This rule directed against the judgment and decree dated 25.04.2012 passed by the District Judge, Rangamati hill district in Civil; Appeal No.11 of 2011 reversing the judgment and decree dated 26.01.2009 passed by the Joint District Judge, Rangamati hill district in Civil... | ### **Judgment**
**Md. Iqbal Kabir. J:**
1. This rule directed against the judgment and decree dated 25.04.2012 passed by the District Judge, Rangamati hill district in Civil; Appeal No.11 of 2011 reversing the judgment and decree dated 26.01.2009 passed by the Joint District Judge, Rangamati hill district in Civil... | In our examination it is also found that opposite party received the money, executed a bainapatra and delivered the possession of the schedule land in question and the defendants has no objection to transfer the land by register deed in favour of the plaintiff- petitioner through the Court. The law of this area does no... |
4_SCOB_HCD_1.pdf | Md. Mahbub Alam Vs. The State4 SCOB [2015] HCD 1 | 4 | 2015 | original_ocr | **Judgment**
**SALMA MASUD CHOWDHURY, J.**
1. This Rule arising out of an application under section 561A of the Code of Criminal Procedure at the instance of the accused petitioner was issued calling upon the opposite party to show cause as to why the proceedings of Poba Police Station Case No.24 dated 25.9.2011 corr... | **Judgment**
**SALMA MASUD CHOWDHURY, J.**
1. This Rule arising out of an application under section 561A of the Code of Criminal Procedure at the instance of the accused petitioner was issued calling upon the opposite party to show cause as to why the proceedings of Poba Police Station Case No.24 dated 25.9.2011 corr... | The allegations as made in the first information report do not disclose any offence against the petitioner. Interference of this Court in exercise of its inherent power under section 561A of the Code of Criminal Procedure before framing charge is justified only when this Court finds, as in the present case, that the al... |
4_SCOB_HCD_2.pdf | Karnaphuli Industries Ltd Vs The Commissioner of Taxes State4 SCOB [2015] HCD 4 | 4 | 2015 | translated_english | **Judgment**
**A. F. M. Abdur Rahman, J:**
1. The Assessee applicant Karnaphuli Industries Ltd., preferred the instant seven income tax reference applications under the provision of section 160(1) of the Income Tax Ordinance 1984 with the re-formulated questions of law mentioned in the supplementary affidavit.
2. In... | **Judgment**
**A. F. M. Abdur Rahman, J:**
1. The Assessee applicant Karnaphuli Industries Ltd., preferred the instant seven income tax reference applications under the provision of section 160(1) of the Income Tax Ordinance 1984 with the re-formulated questions of law mentioned in the supplementary affidavit.
2. In... | The DCT concern did not comply the provision of section 83(2) before opining that the claimed expenditure has not been adequately evidenced by the assessee applicant. Therefore it appears that the disallowance of expenditure has not only violated the provision of section 83(2) of the Income Tax Ordinance 1984, but also... |
4_SCOB_HCD_3.pdf | Shamsur Rahman Vs. Zhang Yu & ors State4 SCOB [2015] HCD 12 | 4 | 2015 | original_ocr | ### **Judgment**
**Syed Refaat Ahmed, J:**
1. This Application under Section 43 of the Companies Act, 1994 ("Act") pertains to competing shareholding interests in Shinglong Water Purifier Manufacturing Co. Ltd., the Respondent No. 4, Company. The said Company was incorporated in 2011 with an authorized capital of Tak... | ### **Judgment**
**Syed Refaat Ahmed, J:**
1. This Application under Section 43 of the Companies Act, 1994 ("Act") pertains to competing shareholding interests in Shinglong Water Purifier Manufacturing Co. Ltd., the Respondent No. 4, Company. The said Company was incorporated in 2011 with an authorized capital of Tak... | It is also found that attempts at the EGM held on 20.11.2013 to introduce changes in Article 14, thereby, facilitating the induction of the Respondent No.3 as a director, were equally unwarranted in law and irregular in form. Notably further, this EGM was held upon notice on 10.11.2013 to adopt a special resolution, th... |
4_SCOB_HCD_4.pdf | Alvi Spinning Mills Ltd & ors Vs. Bangladesh & ors State4 SCOB [2015] HCD 23 | 4 | 2015 | original_ocr | **Judgment**
**Md. Ashfaqul Islam, J:**
1. All these Writ petitions are taken up together and disposed of by a single judgment as there involved common question of fact and law.
***
4SCOB [2015] HCD Alvi Spinning Mills Ltd & ors Vs. Bangladesh & ors (Md. Ashfaqul Islam, J) 25
2. In Writ Petition Nos. 1529 of 2013,... | **Judgment**
**Md. Ashfaqul Islam, J:**
1. All these Writ petitions are taken up together and disposed of by a single judgment as there involved common question of fact and law.
***
4SCOB [2015] HCD Alvi Spinning Mills Ltd & ors Vs. Bangladesh & ors (Md. Ashfaqul Islam, J) 25
2. In Writ Petition Nos. 1529 of 2013,... | The decisions referred to above consistently spelt out that when an irrecoverable Letter of Credit issued / opened and confirmed by the bank such a bank is left with no option but to respect its obligation under the letter of credit and pay if the draft and documents are found to be in order and terms and conditions of... |
4_SCOB_HCD_5.pdf | Gazi A.K.M. Fazlul Haque & ors Vs. Privatization Commission & ors State4 SCOB [2015] HCD 42 | 4 | 2015 | translated_english | **Judgment**
**MOYEENUL ISLAM CHOWDHURY, J:**
1. On an application under Article 102 of the Constitution of the People's Republic of Bangladesh, a Rule Nisi was issued calling upon the respondents to show cause as to why they should not be directed to consider the promotion of the petitioners as per the
Privatizatio... | **Judgment**
**MOYEENUL ISLAM CHOWDHURY, J:**
1. On an application under Article 102 of the Constitution of the People's Republic of Bangladesh, a Rule Nisi was issued calling upon the respondents to show cause as to why they should not be directed to consider the promotion of the petitioners as per the
Privatizatio... | Only seniority is not the sole yardstick for promotion of any officer of the Commission to the next higher post. Along with his seniority, merit of the officer shall be taken into consideration for promotion to the next higher post by the Selection Committee/DPC. In case of promotion of a Deputy Director to the post of... |
4_SCOB_HCD_6.pdf | Md. Shajahan Bhuiyan & ors Vs. Md. Nurul Alam & ors State4 SCOB [2015] HCD 52 | 4 | 2015 | original_ocr | **Judgment**
**Md. Emdadul Huq, J:**
1. The Rule issued in this Civil Revision is about sustainability of the judgment and decree dated 14.06.2009 by which the learned Special District Judge, being the Nari-0-Shishu Nirjatan Daman Tribunal, Judge, Noakhali allowed Title Appeal No.57 of 2007 and thereby decreed Title ... | **Judgment**
**Md. Emdadul Huq, J:**
1. The Rule issued in this Civil Revision is about sustainability of the judgment and decree dated 14.06.2009 by which the learned Special District Judge, being the Nari-0-Shishu Nirjatan Daman Tribunal, Judge, Noakhali allowed Title Appeal No.57 of 2007 and thereby decreed Title ... | Section 86 of the Act, 1950 clearly provides that a land that has diluvated before the of P.O No. 135 of 1972 (i.e. after April 1956) or that will diluvate in future shall vest in the Government. It follows that irrespective of what ever title or right was acquired by Oli Ullah from the D.S. recorded tenant Zinnat Ali ... |
4_SCOB_HCD_7.pdf | State & ors Vs. Md. Saiful Islam & ors State4 SCOB [2015] HCD 61 | 4 | 2015 | original_ocr | **Judgment**
**A.N.M. Bashir Ullah, J:**
1. The learned Sessions Judge, Sylhet passed the judgment and order of conviction and sentence dated 17.05.2009 convicting the condemned prisoner Md. Saiful Islam and convict Delowar Mallik under serial no. 1(Kha) of the table attached to section 19(1) of the Madak Drabbya Nio... | **Judgment**
**A.N.M. Bashir Ullah, J:**
1. The learned Sessions Judge, Sylhet passed the judgment and order of conviction and sentence dated 17.05.2009 convicting the condemned prisoner Md. Saiful Islam and convict Delowar Mallik under serial no. 1(Kha) of the table attached to section 19(1) of the Madak Drabbya Nio... | Strict non-compliance of section 103 of the Code in order to search and seizure of madak articles either from a person or any place will not render the case unbelievable. |
4_SCOB_HCD_8.pdf | BSRM Steels Ltd. & ors. Vs NBR & ors. State4 SCOB [2015] HCD 80 | 4 | 2015 | original_ocr | **Judgment**
**SHEIKH HASSAN ARIF, J:**
1. Since the questions of law and facts involved in the aforesaid two writ petitions are almost same, they have been taken up together for hearing, and are now being disposed of by this single judgment.
2. Rules in the aforesaid writ petitions were issued in similar terms, n... | **Judgment**
**SHEIKH HASSAN ARIF, J:**
1. Since the questions of law and facts involved in the aforesaid two writ petitions are almost same, they have been taken up together for hearing, and are now being disposed of by this single judgment.
2. Rules in the aforesaid writ petitions were issued in similar terms, n... | According to sub-section (3) of the said Section 53, the importers are given credit for such advance payment of income tax during their assessment of tax in the concerned assessment year. Not only that, according to Section 82C as quoted above, such deduction shall even be deemed to be the final discharge of tax liabil... |
4_SCOB_HCD_9.pdf | Md. Selim Mollah Vs. Bangladesh & ors State4 SCOB [2015] HCD 86 | 4 | 2015 | original_ocr | **Judgment**
**Md. Ruhul Quddus, J:**
1. This Rule at the instance of an accused in a criminal case was issued challenging the legality of transfer of Druto Bichar Tribunal Case No. 3 of 2008 (previously Metropolitan Special Tribunal Case No. 316 of 2005) arising out of Motijheel Police Station Case No.3 dated 02.10.... | **Judgment**
**Md. Ruhul Quddus, J:**
1. This Rule at the instance of an accused in a criminal case was issued challenging the legality of transfer of Druto Bichar Tribunal Case No. 3 of 2008 (previously Metropolitan Special Tribunal Case No. 316 of 2005) arising out of Motijheel Police Station Case No.3 dated 02.10.... | Alongside the five categories of cases, the Government in the public interest can transfer any pending case at any stage of trial to Druto Bichar Tribunal. A question may still arise as to when this particular provision of law gives authority on the Government to transfer any pending criminal case at any stage of trial... |
4_SCOB_HCD_10.pdf | BBC Vs. Registrar, DPDTM & ors State4 SCOB [2015] HCD 89 | 4 | 2015 | original_ocr | Judgment
Md. Ashraful Kamal, J:
1. This is an appeal under section 100 of the Trade Marks Act, 2009 presented on
28.02.2011 and the same was accepted on 01.03.2011 against the decision and order dated
15.07.2007 (communicated on 14.09.2010) passed by the Registrar of Trademarks, Dhaka
rejecting the Trade Mark Applica... | Judgment
Md. Ashraful Kamal, J:
1. This is an appeal under section 100 of the Trade Marks Act, 2009 presented on
28.02.2011 and the same was accepted on 01.03.2011 against the decision and order dated
15.07.2007 (communicated on 14.09.2010) passed by the Registrar of Trademarks, Dhaka
rejecting the Trade Mark Applica... | Section 30 of the Trade Marks Act, 2009 provides that priority of use of this mark gets paramount consideration compared to registration. The right created in favour of a registered proprietor of a trade mark is not an absolute right and is subservient to other provisions of the Act. In other words, registration of a t... |
4_SCOB_HCD_11.pdf | Md. Forhad Hossain Sheikh Vs. The State State4 SCOB [2015] HCD 102 | 4 | 2015 | original_ocr | Judgment
K. M. Kamrul Kader, J.
1. This appeal is directed against the judgment and order of conviction and sentence
dated 29.11.2005 passed by the Sessions Judge, Faridpur in Sessions Case No. 150 of 2004
convicting the appellant under section 302 of the Penal Code and sentenced him to suffer
imprisonment for life and... | Judgment
K. M. Kamrul Kader, J.
1. This appeal is directed against the judgment and order of conviction and sentence
dated 29.11.2005 passed by the Sessions Judge, Faridpur in Sessions Case No. 150 of 2004
convicting the appellant under section 302 of the Penal Code and sentenced him to suffer
imprisonment for life and... | Commission of crime can also be proved by circumstantial evidence. Circumstantial evidence is more cogent and convincing than the ocular evidence. It is correctly said that witnesses may tell a lie and it is not difficult to procure false tutored and biased witnesses but it is very much difficult to procure circumstant... |
4_SCOB_HCD_12.pdf | Kazi Mazharul Islam Vs. Bangladesh & ors State4 SCOB [2015] HCD 115 | 4 | 2015 | original_ocr | **Judgment**
**Mohammad Ullah, J:**
1. This Rule Nisi was issued calling upon the respondents to show cause as to why hindrance and interception by the respondents to and of the petitioner's departure on 19.09.2014 from Hazrat Shahjalal International Airport, Dhaka, and thereby barring him from boarding his flight to... | **Judgment**
**Mohammad Ullah, J:**
1. This Rule Nisi was issued calling upon the respondents to show cause as to why hindrance and interception by the respondents to and of the petitioner's departure on 19.09.2014 from Hazrat Shahjalal International Airport, Dhaka, and thereby barring him from boarding his flight to... | If the government is allowed to restrict a person from going abroad at its discretion, then Article 36 of the Constitution will become nugatory. This Court being the guardian of the Constitution cannot condone such practice. |
4_SCOB_HCD_13.pdf | Kazi Md. Salamatullah & ors Vs. Bangladesh & ors State4 SCOB [2015] HCD 117 | 4 | 2015 | original_ocr | **Judgment**
**MUHAMMAD KHURSHID ALAM SARKAR, J:**
1. By filing an application under Article 102 of the Constitution, the petitioners sought for a direction upon the respondents to mutate their names on Plot no. 32, Sector no. 13, Road no. 03 for a quantum of land of 5 kathas under Uttara Model Town, Dhaka.
2. Succi... | **Judgment**
**MUHAMMAD KHURSHID ALAM SARKAR, J:**
1. By filing an application under Article 102 of the Constitution, the petitioners sought for a direction upon the respondents to mutate their names on Plot no. 32, Sector no. 13, Road no. 03 for a quantum of land of 5 kathas under Uttara Model Town, Dhaka.
2. Succi... | Court is well empowered to oversee the professional performance and also to regulate the Court-conduct of the learned Advocates and, in an appropriate case, impose costs upon a learned Advocate for finding his conduct to be unbefitting with the norms and etiquettes of the legal profession. Accordingly, instead of refer... |
4_SCOB_HCD_14.pdf | Syed Aynul Akhter Vs. Sanjit Kumar Bhowmik & ors State4 SCOB [2015] HCD 127 | 4 | 2015 | translated_english | ### Judgment
**Kashefa Hussain, J :**
1. This Rule was issued calling upon the opposite-party Nos.1-4 to show cause as to why the judgment and decree dated 24.10.2000 passed in Title Appeal No.38 of 1998 by the Learned Sub-ordinate Judge, $2^{\text{nd}}$ Court, Magura affirming those dated 22.03.1998 in Title Suit No... | ### Judgment
**Kashefa Hussain, J :**
1. This Rule was issued calling upon the opposite-party Nos.1-4 to show cause as to why the judgment and decree dated 24.10.2000 passed in Title Appeal No.38 of 1998 by the Learned Sub-ordinate Judge, $2^{\text{nd}}$ Court, Magura affirming those dated 22.03.1998 in Title Suit No... | We are surprised that the Courts below did not take these rent receipts into any consideration at all and which are relevant documentary evidences. Instead, as is obvious from their findings, the Courts below have erroneously and unlawfully relied upon oral evidences bypassing the documentary evidences and which they a... |
4_SCOB_HCD_15.pdf | State & ors Vs. Rafiqul Islam & ors State4 SCOB [2015] HCD 139 | 4 | 2015 | translated_english | **Judgment**
**Md. Farid Ahmed Shibli, J.**
1. Criminal Appeal Nos. 1217 & 6972 of 2011 with Jail Appeal Nos. 172, 173 & 174 of 2010, at the instance of Condemned Appellants namely Md. Rafiqul Islam @ Rafique, Md. Noor Alam and Md. Kajol (hereinafter named as "Condemned-Appellants" or "accused persons" or "accused Raf... | **Judgment**
**Md. Farid Ahmed Shibli, J.**
1. Criminal Appeal Nos. 1217 & 6972 of 2011 with Jail Appeal Nos. 172, 173 & 174 of 2010, at the instance of Condemned Appellants namely Md. Rafiqul Islam @ Rafique, Md. Noor Alam and Md. Kajol (hereinafter named as "Condemned-Appellants" or "accused persons" or "accused Raf... | According to the prosecution, in the morning of 05.06.2008 all accused persons with the victim Mamun alive were last seen together at the Gate of Rafique's house no. Ka-109/4, Kureel Bishwaroad and at that time P.W.3 i.e. the Darwan himself saw them coming out together from that house. After they were last seen togethe... |
4_SCOB_HCD_16.pdf | Shuvash Chandra Das Vs. Customs, Excise & VAT App. Tribunal & ors State4 SCOB [2015] HCD 171 | 4 | 2015 | original_ocr | **Judgment**
**J.N. Deb Choudhury, J :**
1. Rule Nisi was issued upon the respondents to show cause as to why the Order dated 20.07.2004 passed by the respondent No. 1 in Nothi No. CEVT/CASE (VAT) -12/2003 (Annexure-"I") dismissing appeal filed by the petitioner and thereby affirming the order No. 22/Musak/2002 dated... | **Judgment**
**J.N. Deb Choudhury, J :**
1. Rule Nisi was issued upon the respondents to show cause as to why the Order dated 20.07.2004 passed by the respondent No. 1 in Nothi No. CEVT/CASE (VAT) -12/2003 (Annexure-"I") dismissing appeal filed by the petitioner and thereby affirming the order No. 22/Musak/2002 dated... | A notice under section 37 of the VAT Act cannot be issued without first determining the amount of evaded VAT if any. In doing so the authority have to issue notice under section 55(1) of the VAT Act 1991, claiming the evaded VAT and after giving an opportunity of hearing to the party concern, determine the amount of ev... |
3.1_SCOB_HCD.pdf | First Appeal No.464 of 2012Citation: 3 SCOB [2015] HCD 1 | 3 | 2015 | original_ocr | Judgment
Nozrul Islam Chowdhury, J:
1. This appeal is directed against the judgment and decree dated November12, 2012
passed by the learned Joint District Judge, 1st Court, Faridpur in Title Suit No. 05 of 2012, at
the instance of the defendant as appellant.
2. Facts in a nutshell, giving rise of this appeal are that t... | Judgment
Nozrul Islam Chowdhury, J:
1. This appeal is directed against the judgment and decree dated November12, 2012
passed by the learned Joint District Judge, 1st Court, Faridpur in Title Suit No. 05 of 2012, at
the instance of the defendant as appellant.
2. Facts in a nutshell, giving rise of this appeal are that t... | In view of the aforesaid amendment vide Registration Act,1908 (Act No.XXV of 2004) there is hardly any scope left for anyone to raise a question of forgery of a registered document since the photographs of both the executants are pasted on every instrument and the parties shall sign and put their left impression across... |
3.2_SCOB_HCD.pdf | Writ Petition No. 6324 of 2013&Suo Moto Rule No. 19 of 2013(Arising out of WP No. 6324/13). withWrit Petition No. 6791 of 2013. Citation: 3 SCOB [2015] HCD 13 | 3 | 2015 | translated_english | ### **Judgment**
**MIRZA HUSSAIN HAIDER, J.**
1. When a good number of teaching staff, specifically the teachers of the life science school of the khulna University, started boycotting class examination on the event of appointment of Professor Dr. Samir Kumar Sadhu as the Dean of the Life Science School of
Khulna Un... | ### **Judgment**
**MIRZA HUSSAIN HAIDER, J.**
1. When a good number of teaching staff, specifically the teachers of the life science school of the khulna University, started boycotting class examination on the event of appointment of Professor Dr. Samir Kumar Sadhu as the Dean of the Life Science School of
Khulna Un... | When the law specifically used the words `প্রত্যেক স্কুলের বিভিন্ন ডিসিপ্লিনের মধ্যে জ্যেষ্ঠতার ভিত্তিতে এবং ভাইস চ্যান্সলর কর্তৃক নির্দিষ্ট ভাবে অধ্যাপকদের মধ্যে উহার ডীন পদ আবর্তীত হইবে` we hold that the post of Dean will rotate firstly among the Disciplines, according to its seniority of being set up/established, an... |
3.3_SCOB_HCD.pdf | I.T. Ref: Application No. 306 of 2013WithI.T. Ref. Application No. 307 of 2013With I.T. Ref: Application No. 308 of 2013AndI.T. Ref: Application No. 309 of 2013Citation: 3 SCOB [2015] HCD 21 | 3 | 2015 | translated_english | **Judgment**
**A.F.M. Abdur Rahman, J:**
1. These 4(four) instant Income Tax Reference Applications, preferred by the Assessee-applicant Mrs. Shahana Perveen, having been related to the similar question of law arising out of similar factual aspects, were heard analogously and now disposed of by this single judgment.
... | **Judgment**
**A.F.M. Abdur Rahman, J:**
1. These 4(four) instant Income Tax Reference Applications, preferred by the Assessee-applicant Mrs. Shahana Perveen, having been related to the similar question of law arising out of similar factual aspects, were heard analogously and now disposed of by this single judgment.
... | A return filed under the normal procedure of section 75 of the Income Tax Ordinance 1984 has to be assessed within the period of limitation of six month, so also the ropening procedure against deemed assessment under the Self Assessment Scheme has to be confined to the period of limitation of two years. No proceeding f... |
3.4_SCOB_HCD.pdf | WRIT PETITION NO. 144 OF 2008Citation: 3 SCOB [2015] HCD 37 | 3 | 2015 | translated_english | Judgment
Zinat Ara, J:
1. On an application under Article 102 of the Constitution, a Rule Nisi was issued calling upon the respondents to show cause as to why the impugned letters bearing Memo No. Pabibo/Tapra(Di)/NRG-23/2009/864, Memo No. Pabibo/Tapra(Di)/NRG-25/2009/865 and Memo No. Pabibo/Tapra(Di)/NRG-28/2009/86... | Judgment
Zinat Ara, J:
1. On an application under Article 102 of the Constitution, a Rule Nisi was issued calling upon the respondents to show cause as to why the impugned letters bearing Memo No. Pabibo/Tapra(Di)/NRG-23/2009/864, Memo No. Pabibo/Tapra(Di)/NRG-25/2009/865 and Memo No. Pabibo/Tapra(Di)/NRG-28/2009/86... | The writ petition is not maintainable on two counts,- firstly, due to the reason that the dispute arose out of simple commercial contract and not out of statutory contract and secondly, there is no scope to avail writ jurisdiction as there is an equal efficacious alternative forum to settle the dispute through amicable... |
3.5_SCOB_HCD.pdf | WRIT PETITION NO. 2515 of 2012 Citation: 3 SCOB [2015] HCD 42 | 3 | 2015 | translated_english | Judgment
Md. Ashfaqul Islam,J:
1. Eastern Money Changer, a Partnership Concern challenging the cancellation of license
issued by the respondent No.1 Bangladesh Bank moved this Writ Petition and obtained the
present Rule under the following terms:-
"Let a Rule Nisi be issued calling upon the respondents to show ... | Judgment
Md. Ashfaqul Islam,J:
1. Eastern Money Changer, a Partnership Concern challenging the cancellation of license
issued by the respondent No.1 Bangladesh Bank moved this Writ Petition and obtained the
present Rule under the following terms:-
"Let a Rule Nisi be issued calling upon the respondents to show ... | In the case in hand cancellation of license was indeed an unbridled arbitrary outcome of executive feat which certainly had indulged in excesses. The act has a curtailing effect upon Article 40 of the Constitution in particular. It has flouted Article 40 of the Constitution directly. The Constitution being the Supreme ... |
3.6_SCOB_HCD.pdf | Writ Petition No. 8967 of 2014Citation: 3 SCOB [2015] HCD 47 | 3 | 2015 | original_ocr | **Judgment**
**Zubayer Rahman Chowdhury, J:**
1. By the instant Rule, the petitioner seeks to challenge the enlistment of the property,
being House No. B/10, Block E, Zakir Hossain Road, Mohammadpur, Dhaka in the 'Kha' list
of Abandoned Buildings published in the Bangladesh Gazette Extra Ordinary dated
23.09.1986 (at... | **Judgment**
**Zubayer Rahman Chowdhury, J:**
1. By the instant Rule, the petitioner seeks to challenge the enlistment of the property,
being House No. B/10, Block E, Zakir Hossain Road, Mohammadpur, Dhaka in the 'Kha' list
of Abandoned Buildings published in the Bangladesh Gazette Extra Ordinary dated
23.09.1986 (at... | In our view, the petitioner had rightly approached the Court of Settlement, Dhaka for releasing the property in question from the Kha list of Abandoned Buildings. However, as his case was found to be barred by limitation and since he had no other equally efficacious remedy to enforce his rights, the petitioner was enti... |
3.8_SCOB_HCD.pdf | Civil Revision No. 706 0f 1998Citation: 3 SCOB [2015] HCD 59 | 3 | 2015 | translated_english | **Judgment**
**Md. Emdadul Huq, J:**
1. The Rule issued in this Civil Revision is about sustainability of the judgment and decree dated 26-01-1998 by which the learned Additional District Judge, Magura allowed Title Appeal No. 182 of 1996 and thereby dismissed Title Suit No. 89 of 1994 on reversing the judgment and d... | **Judgment**
**Md. Emdadul Huq, J:**
1. The Rule issued in this Civil Revision is about sustainability of the judgment and decree dated 26-01-1998 by which the learned Additional District Judge, Magura allowed Title Appeal No. 182 of 1996 and thereby dismissed Title Suit No. 89 of 1994 on reversing the judgment and d... | There is nothing on record to show that Promoth Nath was a man of unsound mind or that plaintiff had any relationship with Promoth Nath whatsoever so as to take him to the Sub-Registry office and to fraudulently get the kabala executed by Promoth Nath. Defendants never raised any question on this aspect in any manner. ... |
3.9_SCOB_HCD.pdf | Civil Revision No. 879 of 2006Citation: 3 SCOB [2015] HCD 68 | 3 | 2015 | translated_english | **Judgment**
**Md. Rais Uddin, J:**
1. This Rule was issued calling upon the opposite party to show cause as to why the impugned judgment and decree dated 16.05.2005 passed by the learned Additional District Judge, $2^\text{nd}$ Court, Pabna in Other Class Appeal No. 82 of 2002 allowing the appeal and reversing the j... | **Judgment**
**Md. Rais Uddin, J:**
1. This Rule was issued calling upon the opposite party to show cause as to why the impugned judgment and decree dated 16.05.2005 passed by the learned Additional District Judge, $2^\text{nd}$ Court, Pabna in Other Class Appeal No. 82 of 2002 allowing the appeal and reversing the j... | The appellate court being last and final court of fact will have to discuss and reassess the evidence on record independently while reversing or affirming the findings of the trial court. In case of reversal it is more incumbent upon the appellate court to reassess the evidence to arrive at his own independent finding.... |
3.10_SCOB_HCD.pdf | Death Reference no. 50 of 2010Citation: 3 SCOB [2015] HCD 74 | 3 | 2015 | original_ocr | Judgment
Syed Md. Ziaul Karim, J:
1.This death reference under Section 374 of the Code of Criminal Procedure (briefly as
the Code) has been made by learned Judge of Nari-O-Shishu Nirjatan Daman Tribunal no.2,
Netrokona (briefly as Tribunal), for confirmation of death sentence of condemned-prisoner.
2. The learned Judge... | Judgment
Syed Md. Ziaul Karim, J:
1.This death reference under Section 374 of the Code of Criminal Procedure (briefly as
the Code) has been made by learned Judge of Nari-O-Shishu Nirjatan Daman Tribunal no.2,
Netrokona (briefly as Tribunal), for confirmation of death sentence of condemned-prisoner.
2. The learned Judge... | Sentencing discretion on the part of a Judge is the most difficult task to perform. There is no system or procedure in the Criminal Justice administration method or Rule to exercise such discretion. In sentencing process, two important factors come out- which shall shape appropriate sentence (i) Aggravating factor and ... |
3.11_SCOB_HCD.pdf | ADMIRALTY SUIT NO. 17 of 2015 Citation: 3 SCOB [2015] HCD 93 | 3 | 2015 | original_ocr | Judgment
Borhanuddin, J:
1. This Rule has been issued calling upon opposite parties to show cause as to why order
no.20 dated 23.02.2012 passed by the learned Additional District Judge, 2nd Court, Dhaka, in
Title Suit No. 45 of 2010, should not be set aside and/or such other or further order or orders
passed as to this... | Judgment
Borhanuddin, J:
1. This Rule has been issued calling upon opposite parties to show cause as to why order
no.20 dated 23.02.2012 passed by the learned Additional District Judge, 2nd Court, Dhaka, in
Title Suit No. 45 of 2010, should not be set aside and/or such other or further order or orders
passed as to this... | When rectification proceeding is pending before this court, Suit for infringement of Trademark pending in the Court below should be stayed in view of Section 102 of the Trade Marks Act, 2009. |
3.13_SCOB_HCD.pdf | WRIT PETITION NO. 3203 of 2004 Citation: 3 SCOB [2015] HCD 108 | 3 | 2015 | original_ocr | Judgment
SHEIKH HASSAN ARIF, J:
1. Since the questions of law and facts involved in the aforesaid two writ petitions are
almost same, they have been taken up together for hearing, and are now being disposed of by
this single judgment.
2. In Writ Petition No. 3203 of 2004, Rule Nisi was issued asking the respondents to
... | Judgment
SHEIKH HASSAN ARIF, J:
1. Since the questions of law and facts involved in the aforesaid two writ petitions are
almost same, they have been taken up together for hearing, and are now being disposed of by
this single judgment.
2. In Writ Petition No. 3203 of 2004, Rule Nisi was issued asking the respondents to
... | Since the admitted allegation against the petitioners is that in spite of the increase of price of the raw materials as reflected from the concerned bills of entries and assessment orders thereon, the petitioners did not make any corresponding increase in the declared price of the finished products and since such circu... |
3.14_SCOB_HCD.pdf | Criminal Appeal No. 1041 of 1997Citation: 3 SCOB [2015] HCD 116 | 3 | 2015 | original_ocr | Judgment
Md. Ruhul Quddus, J:
1. This criminal appeal under section 410 of the Code of Criminal Procedure is directed against the judgment and order dated 30.04.1997 passed by the Sessions Judge, Chandpur in Sessions Case No. 4 of 1995 arising out of Chandpur Police Station Case No. 2 dated 06.07.1993 corresponding t... | Judgment
Md. Ruhul Quddus, J:
1. This criminal appeal under section 410 of the Code of Criminal Procedure is directed against the judgment and order dated 30.04.1997 passed by the Sessions Judge, Chandpur in Sessions Case No. 4 of 1995 arising out of Chandpur Police Station Case No. 2 dated 06.07.1993 corresponding t... | In the present case being a case of drug/narcotics, it was incumbent on the prosecution to get the seized phensedyl examined by a chemical expert to prove that the seized articles were actually madak drobyo/drug and under what category of madak drobyo/drug it fell. Absence of such chemical examination and contradiction... |
3.15_SCOB_HCD.pdf | Criminal Revision No.263 of 2012 Citation: 3 SCOB [2015] HCD 119 | 3 | 2015 | original_ocr | **Judgment**
**Bhabani Prasad Singha, J:**
1. This Rule was issued calling upon the opposite party to show cause as to why the impugned order no.182 dated 09.10.2011 passed by the Druto Bichar Tribunal No.2, Dhaka in Druta Bichar Tribunal Case No.07 of 2006 arising out of Uttara P.S. Case No.40 dated 29.01.2005 under... | **Judgment**
**Bhabani Prasad Singha, J:**
1. This Rule was issued calling upon the opposite party to show cause as to why the impugned order no.182 dated 09.10.2011 passed by the Druto Bichar Tribunal No.2, Dhaka in Druta Bichar Tribunal Case No.07 of 2006 arising out of Uttara P.S. Case No.40 dated 29.01.2005 under... | In this case remarkably the government does not deny the fact of failure of conclusion of trial of the Druta Bichar Tribunal Case No.07 of 2006 within the stipulated time. As per the provision of section 10 of the Druta Bichar Tribunal Act, 2002, the trial of a Druta Bichar Tribunal Case is to be concluded within 135 d... |
3.16_SCOB_HCD.pdf | Criminal Appeal No. 300 of 1998Citation: 3 SCOB [2015] HCD 122 | 3 | 2015 | original_ocr | Judgment
K. M. Kamrul Kader, J.
1. This appeal has been preferred at the instance of 1. Zakir Khan, 2. Farid, 3. Shipon,
and 4. Benjir Murshed Mridha, challenging the judgment and order of conviction and
sentence dated 16.02.1998 passed by the learned Judge of Shantrash Mulak Aparadh Daman
Tribunal, Narayangonj in Shan... | Judgment
K. M. Kamrul Kader, J.
1. This appeal has been preferred at the instance of 1. Zakir Khan, 2. Farid, 3. Shipon,
and 4. Benjir Murshed Mridha, challenging the judgment and order of conviction and
sentence dated 16.02.1998 passed by the learned Judge of Shantrash Mulak Aparadh Daman
Tribunal, Narayangonj in Shan... | There is no reason why the evidence of the business partners should be discarded simply because they belonged to a construction firm. They came before the Court and testified to the occurrence. They were fully cross-examined by the defence. Their evidence is also evidence with the meaning of Section 3 of the Evidence A... |
3.17_SCOB_HCD.pdf | Writ Petition No. 3709 of 2015Citation: 3 SCOB [2015] HCD 132 | 3 | 2015 | translated_english | **Judgment**
**Mahmudul Hoque, J:**
1. In this application under Article 102 of the Constitution of Bangladesh a Rule Nisi has been issued at the instance of the Petitioner calling upon the Respondents to show cause as to why Order No.22 dated 22.03.2015 as evidenced by Annexure-F, passed by Artha Rin Adalat No.3, Dh... | **Judgment**
**Mahmudul Hoque, J:**
1. In this application under Article 102 of the Constitution of Bangladesh a Rule Nisi has been issued at the instance of the Petitioner calling upon the Respondents to show cause as to why Order No.22 dated 22.03.2015 as evidenced by Annexure-F, passed by Artha Rin Adalat No.3, Dh... | The Court below has power to order attachment of property situated beyond the local limit of the Court. But the Court passing the Order of attachment cannot directly attach property outside its own jurisdiction and it can only ask the Court in whose jurisdiction the property actually situated to carry out the order of ... |
3.18_SCOB_HCD.pdf | WRIT PETITION NO.28 of 2015Citation: 3 SCOB [2015] HCD 137 | 3 | 2015 | original_ocr | **Judgment**
**Kashefa Hussain, J:**
1. Rule Nisi was issued in the instant Writ Petition calling upon the respondents to show cause as to why the order dated 12.11.2014 passed by the office of the respondent no.3 under Nathi No. 5(13) KveK/PÆ:/eÛ(mv:)/jvB:/04/2012/11312(35) withholding the petitioner's Bin Number by... | **Judgment**
**Kashefa Hussain, J:**
1. Rule Nisi was issued in the instant Writ Petition calling upon the respondents to show cause as to why the order dated 12.11.2014 passed by the office of the respondent no.3 under Nathi No. 5(13) KveK/PÆ:/eÛ(mv:)/jvB:/04/2012/11312(35) withholding the petitioner's Bin Number by... | Section 56 cannot be construed or interpreted in an isolated manner. Section 55 and 56 must be read together and from a perusal of the same, it is evident that Section 56 is mandatorily preceded by Section 55 of the VAT Act,1991 which prescribes the issuance of a Show- Cause Notice followed by other procedures and whic... |
3.19_SCOB_HCD.pdf | Writ Petition No. 846 of 2012Citation: 3 SCOB [2015] HCD 143 | 3 | 2015 | translated_english | **Judgment**
**Md. Farid Ahmed Shibli, J:**
1. This Rule Nisi was issued calling upon the respondents to show cause as to why the decision (Annexure-F) passed by the Board of Directors of the Bangladesh Inland Water Transport Corporation (hereinafter termed as "the Corporation") in its $311^{\text{th}}$ meeting held ... | **Judgment**
**Md. Farid Ahmed Shibli, J:**
1. This Rule Nisi was issued calling upon the respondents to show cause as to why the decision (Annexure-F) passed by the Board of Directors of the Bangladesh Inland Water Transport Corporation (hereinafter termed as "the Corporation") in its $311^{\text{th}}$ meeting held ... | Doctrine of the legitimate expectation ensures the circumstances in which, the expectation may be ensured or denied and among others the following grounds may also be taken in order to get a remedy under article 102 of the Constitution:- firstly there must be a promise or assurance from the employer or the authority th... |
3.20_SCOB_HCD.pdf | WRIT PETITION N0. 10011 of 2013 & WRIT PETITION N0. 10023 of 2013Citation: 3 SCOB [2015] HCD 150 | 3 | 2015 | original_ocr | Judgment
on:
01.09.2015.
Present:
Ms. Justice Zinat Ara
And
Mr. Justice J.N. Deb Choudhury
In the exercise of certiorari jurisdiction the High Court proceeds on an assumption that
a Court which has jurisdiction over a subject- matter has the jurisdiction to decide
wrongly as well as rightly. The High Court would not, t... | Judgment
on:
01.09.2015.
Present:
Ms. Justice Zinat Ara
And
Mr. Justice J.N. Deb Choudhury
In the exercise of certiorari jurisdiction the High Court proceeds on an assumption that
a Court which has jurisdiction over a subject- matter has the jurisdiction to decide
wrongly as well as rightly. The High Court would not, t... | In the exercise of certiorari jurisdiction the High Court proceeds on an assumption that a Court which has jurisdiction over a subject- matter has the jurisdiction to decide wrongly as well as rightly. The High Court would not, therefore, for the purpose of certiorari assign to itself the role of an Appellate Court and... |
3.21_SCOB_HCD.pdf | Criminal Revision No.132 OF 2012Citation: 3 SCOB [2015] HCD 158 | 3 | 2015 | original_ocr | Judgment
Bhishmadev Chakrabortty, J:
1. On an application under section 439 of the Code of Criminal Procedure filed by the
accused petitioner this Rule was issued calling upon the opposite parties to show cause as to
why the order dated 14.06.2010 passed by the Divisional Special Judge, Chittagong in
Special Case No.12... | Judgment
Bhishmadev Chakrabortty, J:
1. On an application under section 439 of the Code of Criminal Procedure filed by the
accused petitioner this Rule was issued calling upon the opposite parties to show cause as to
why the order dated 14.06.2010 passed by the Divisional Special Judge, Chittagong in
Special Case No.12... | The offence under section 161 of the Penal Code relates to take illegal gratification by any public servant, while offence under section 5(2) of Act II of 1947 speaks of criminal misconduct by the same if he by corrupt and illegal means abusing his position as public servant obtains for himself any pecuniary advantage.... |
3.7_SCOB_HCD.pdf | WRIT PETITION NO. 8925 OF 2012Citation: 3 SCOB [2015] HCD 52 | 3 | 2015 | translated_english | **Judgment**
**MOYEENUL ISLAM CHOWDHURY, J:**
1. On an application under Article 102 of the Constitution of the People's Republic of Bangladesh filed by the petitioners, a Rule Nisi was issued calling upon the respondents to
show cause as to why the Gazette Notification dated 06.05.2012 published under the authority... | **Judgment**
**MOYEENUL ISLAM CHOWDHURY, J:**
1. On an application under Article 102 of the Constitution of the People's Republic of Bangladesh filed by the petitioners, a Rule Nisi was issued calling upon the respondents to
show cause as to why the Gazette Notification dated 06.05.2012 published under the authority... | It is a settled proposition of law that an aggrieved party may invoke the writ jurisdiction of the High Court Division under Article 102 of the Constitution straightaway provided the action impugned is malafide, even though there may be an alternative remedy available for him. Since we have found that the inclusion of ... |
3.12_SCOB_HCD.pdf | ফৌজদারী বিবিধ মামলা নং 20859/2010, Citation:3 SCOB [2015] HCD 98 | 3 | 2015 | translated_english | **Judgment**
**Sheikh Md. Zakir Hossain, J.:**
1. This is an application under the provisions of Section 561A of the Code of Criminal Procedure seeking the quashment of the sentence. The convict-petitioner filed the instant miscellaneous case against the judgment and order dated 26.11.2009 passed by the learned Judge... | **Judgment**
**Sheikh Md. Zakir Hossain, J.:**
1. This is an application under the provisions of Section 561A of the Code of Criminal Procedure seeking the quashment of the sentence. The convict-petitioner filed the instant miscellaneous case against the judgment and order dated 26.11.2009 passed by the learned Judge... | ফৌজদারী কার্যবিধি ৫৬১এ ধারার বিধান অনুযায়ী দন্ডিত আদেশ বাতিলের ক্ষেত্রে তিনটি বিষয়ই বিবেচনায় প্রাধান্য পাইবে, যথা : "আইগত সাক্ষ্য প্রমাণের অভাব" এবং "আদালত গঠনে ত্রুটি" (Quoram-non-judice) এবং "আইনের অপব্যবহার যাহার ফলে ন্যায় বিচার ব্যাহত"। |
2.1_SCOB_HCD.pdf | WRIT PETITIONS NO. 9366 of 2011, 9341 of 2011, 8220 of 2011, 9367 of 2011, 9368 of 2011, 9369 of 2011, 9370 of 2011, 2600 of 2012, 5076 of 2012, 5077 of 2012, 5078 of 2012 & 5818 of 2012.Citation: 2 SCOB [2015] HCD 1 | 2 | 2015 | original_ocr | ### **JUDGMENT**
**MIRZA HUSSAIN HAIDER, J.**
1. The petitioners of all these writ petitions challenged the constitutionality of amendment of Section 138 of the Negotiable Instruments Act, 1881 by Act No. XVII of 2000 published on 6.7.2000 to be void as the same is ultra vires the Constitution and, accordingly, they ... | ### **JUDGMENT**
**MIRZA HUSSAIN HAIDER, J.**
1. The petitioners of all these writ petitions challenged the constitutionality of amendment of Section 138 of the Negotiable Instruments Act, 1881 by Act No. XVII of 2000 published on 6.7.2000 to be void as the same is ultra vires the Constitution and, accordingly, they ... | Until the contrary is proved, it will be presumed that every negotiable instrument was made or drawn for consideration, and that every such instrument, when it has been accepted, endorsed, negotiated, or transferred, was accepted, endorsed, negotiated or transferred for consideration. Section 118(g), however, provides ... |
2.2_SCOB_HCD.pdf | CRIMINAL REVISION NO.433 OF 2003Citation: 2 SCOB [2015] HCD 18 | 2 | 2015 | original_ocr | ### **JUDGMENT**
**SALMA MASUD CHOWDHURY, J.**
1. This Rule arising out of an application under section 439 read with section 435 of the Code of Criminal Procedure at the instance of the accused petitioner was issued calling upon the Deputy Commissioner, Dhaka to show cause as to why the order No.14 dated 28.4.2003 p... | ### **JUDGMENT**
**SALMA MASUD CHOWDHURY, J.**
1. This Rule arising out of an application under section 439 read with section 435 of the Code of Criminal Procedure at the instance of the accused petitioner was issued calling upon the Deputy Commissioner, Dhaka to show cause as to why the order No.14 dated 28.4.2003 p... | The Court under section 227 of the Code of Criminal Procedure is competent to alter or amend the charge at any stage of the proceeding before pronouncement of judgment. Since section 302 of the Penal Code is not applicable even after framing a charge under section 302 of the Penal Code, there is no legal bar to find th... |
2.3_SCOB_HCD.pdf | Criminal Misc. Case No. 19511 Of 2012Citation: 2 SCOB [2015] HCD 21 | 2 | 2015 | original_ocr | JUDGMENT
Zinat Ara, J:
1. On an application made by the petitioners under section 561A of the Code of Criminal
Procedure, 1898, a Rule was issued in the following terms:-
"Record need not be called for and a Rule be issued calling upon the opposite parties to show
cause as to why the proceedings of Joydevpur Police Sta... | JUDGMENT
Zinat Ara, J:
1. On an application made by the petitioners under section 561A of the Code of Criminal
Procedure, 1898, a Rule was issued in the following terms:-
"Record need not be called for and a Rule be issued calling upon the opposite parties to show
cause as to why the proceedings of Joydevpur Police Sta... | There is no dispute that the F.I.R. has been lodged with a delay of about four years. But, according to the F.I.R. as well as the Criminal Miscellaneous Application, the informant is a Korean woman and she received the copies of forged documents long after from the investigating officer of a previous case. Moreover, de... |
2.4_SCOB_HCD.pdf | WRIT PETITION NO. 9147 of 2008Citation: 2 SCOB [2015] HCD 27 | 2 | 2015 | original_ocr | ### **JUDGMENT**
**Md. Ashfaqul Islam, J:**
1. At the instance of the petitioner, Shafi A. Choudhury, this Rule Nisi was issued in the following terms:
*"Let a Rule Nisi be issued calling upon the respondents to show cause as to why report of Credit Information Bureau (CIB) Bangladesh Bank classifying the petitione... | ### **JUDGMENT**
**Md. Ashfaqul Islam, J:**
1. At the instance of the petitioner, Shafi A. Choudhury, this Rule Nisi was issued in the following terms:
*"Let a Rule Nisi be issued calling upon the respondents to show cause as to why report of Credit Information Bureau (CIB) Bangladesh Bank classifying the petitione... | The process of enlistment of any defaulter name in the CIB list is a continuing process within the meaning of section 5 GaGa read with section 27 KaKa of Banking Companies Act 1991 and also read with Article 42 of Bangladesh Bank Order 1972. If all these provisions are read together one and only inference that could be... |
2.5_SCOB_HCD.pdf | Writ Petition No. 735 of 2007Citation: 2 SCOB [2015] HCD 32 | 2 | 2015 | original_ocr | ### **JUDGMENT**
**Zubayer Rahman Chowdhury, J :**
1. By an application under Article 102(2)(a)(ii) of the Constitution of the People's Republic of Bangladesh, the petitioner challenges the legality and propriety of Order No. T.C.B (Clearance-155)/R.O./83/84/2300 dated 31.05.1984 issued by respondent no. 3, as eviden... | ### **JUDGMENT**
**Zubayer Rahman Chowdhury, J :**
1. By an application under Article 102(2)(a)(ii) of the Constitution of the People's Republic of Bangladesh, the petitioner challenges the legality and propriety of Order No. T.C.B (Clearance-155)/R.O./83/84/2300 dated 31.05.1984 issued by respondent no. 3, as eviden... | Administrative actions by Government and statutory bodies should be judged on the scale of fairness. In other words, no authority can act arbitrarily and whimsically in discharging its duties, thereby affecting the rights and privilege of the property of an individual. |
2.6_SCOB_HCD.pdf | Writ Petition No. 9150 of 2007Citation: 2 SCOB [2015] HCD 36 | 2 | 2015 | translated_english | **JUDGMENT**
**MOYEENUL ISLAM CHOWDHURY, J:**
1. On an application under Article 102 of the Constitution, a Rule Nisi was issued calling upon the respondents to show cause as to why the transfer of the Druto Bichar Tribunal Case No. 25 of 2007 arising out of D. A. B. G. R. Case No. 01 of 2007 corresponding to Kotwal... | **JUDGMENT**
**MOYEENUL ISLAM CHOWDHURY, J:**
1. On an application under Article 102 of the Constitution, a Rule Nisi was issued calling upon the respondents to show cause as to why the transfer of the Druto Bichar Tribunal Case No. 25 of 2007 arising out of D. A. B. G. R. Case No. 01 of 2007 corresponding to Kotwal... | Section 2(Umo) of the Act contemplates that "corruption" means the offences mentioned in the schedule of the Act. It is an indisputable fact that the alleged offences were not scheduled offences of the Act at the relevant point of time. So the question of enquiry into the alleged offences by the respondent no. 3 is out... |
2.7_SCOB_HCD.pdf | CIVIL REVISION NO. 4636 OF 2004Citation: 2 SCOB [2015] HCD 41 | 2 | 2015 | original_ocr | **JUDGMENT**
**S.M. EMDADUL HOQUE, J:**
1. On an application of the petitioners Mr. Abdur Rashid and others under section 115(1) of the Code of Civil Procedure the Rule was issued calling upon the opposite party No.1 to show cause as to why the impugned judgment and order dated 07.08.2004 passed by the Additional Dis... | **JUDGMENT**
**S.M. EMDADUL HOQUE, J:**
1. On an application of the petitioners Mr. Abdur Rashid and others under section 115(1) of the Code of Civil Procedure the Rule was issued calling upon the opposite party No.1 to show cause as to why the impugned judgment and order dated 07.08.2004 passed by the Additional Dis... | When an application has been made under sub-section (1) any of the remaining co-sharer tenants including the transferee, if one of them, and the tenants holding lands contiguous to the land transferred may within the period referred to in sub-section (1) or within two months of the date of service of notice of the appl... |
Subsets and Splits
No community queries yet
The top public SQL queries from the community will appear here once available.