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....d perhaps most important, is the highly unusual circumstances that, for obvious reason, the question of the appellants’ fate is so politically charged that it is hardly reasonable to expect any Government of Grenada, even 23 years after the tragic events of October 1983, to take an objective v......transgressed by the executive by legislating a provision which is inconsistent with Articles 31 and 35(5) of the Constitution. It is finally contended that no action detrimental to the life, liberty, body and reputation of a citizen can be taken away except in accordance with law.
9. From the t..
Category: Criminal Law, Women and Children | Date: 5 May, 2015 | Hits: 83
....d perhaps most important, is the highly unusual circumstances that, for obvious reason, the question of the appellants’ fate is so politically charged that it is hardly reasonable to expect any Government of Grenada, even 23 years after the tragic events of October 1983, to take an objective v......transgressed by the executive by legislating a provision which is inconsistent with Articles 31 and 35(5) of the Constitution. It is finally contended that no action detrimental to the life, liberty, body and reputation of a citizen can be taken away except in accordance with law.
9. From the t..
Category: Criminal Law, Women and Children | Date: 5 May, 2015 | Hits: 86
Hossain Ali and Others Vs. Government of Bangladesh and Others, 2015, 44 CLC (HCD)
.... Shamim Hasnain J Mohammad Ullah J Hossain Ali and Others…………………………..................Appellants Vs. Government of Bangladesh and Others…………….............Respondent ......est possible amount of time preferably within 3(three) months from the date of receipt of the judgment of this court. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 37 ..Category: Property Law, Tenancy Law | Date: 30 Apr, 2015 | Hits: 4
Rukunuddin Mollah (Md.) and others Vs. Artha Rin Adalat 2nd Court and others, 2015, 44 CLC (HCD)
....he Respondent No. 3, the Court in its Order specifically mentioned that the price quoted by the highest bidder is the price more than the mouza rate of the respective area determined by the Government. In these circumstances there was no illegality and irregularity in the auction held. He ...... of land are same as in the title deed of the mortgagors. It is in this Court's view that inclusion of plot number in the Execution Application was a mere surplusage, not calculated to mislead anybody. In the case of Shafiuddin Kazi alias Saflruddin Vs. Moslem Ali Howlader reported in 12 DLR (19..Category: Banking Law, Others | Date: 27 Apr, 2015 | Hits: 10
Hasina Ahmed Vs. State, 2015, 44 CLC (HCD)
....lip;……………………Opposite Parties Judgment April 20, 2015. Result: The Rule is discharged. Case Referred to- Mirza Vs. Government of the Peoples Republic of Bangladesh, 31 DLR (AD) 1; Basanta Chandra Ghose Vs.Emperor, A...... the Peoples of Republic of Bangladesh, 27 DLR 186 and Abdul Latif Mirza Vs.The Government of the Peoples Republic of Bangladesh 31 DLR (AD) 1. We shall discuss the cases mentioned above later in the body of the judgment. 7. Mr. Mahbubey Alam, the learned Attorney-General, Mr. Momtaz Uddin Faki..Category: Criminal Law, Procedural Law | Date: 20 Apr, 2015 | Hits: 2
....upon the holding of such AGM.
The cost of this Application shall be borne out of the funds of the Company.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 326
...... fully authorized completion of the IPO.
4. This Application notably attests to the fairly demanding and extensive process of the IPO. Approval for the IPO granted by the premier regulatory body, i.e. the Bangladesh Securities and Exchange Commission ("BSEC") and necessary listin..
Category: Company Law | Date: 15 Apr, 2015 | Hits: 7
Lutfor Rahman Mollah (Md.) and another Vs. M Safiul-Alam, 2015, 44 CLC (HCD)
....hy;ment executed for a period of 3 (three) years, that is, up to 31 July, 2010. The plaintiffs used to run Thai Chinese Restaurant business in the rented premises on payment of bills and taxes to the Government. The defendant opposite party having entered into the suit premises on 24-8-2010 and thre......ourt stands vacated. Let a copy of this judgment be communicated to the Courts concerned at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 317. ..Category: Civil Law, Procedural Law | Date: 13 Apr, 2015 | Hits: 10
Mafruza Sultana Vs. State and another, 2015, 44 CLC (AD)
....y;ment and the materials on record. 13. Having considered a few reported and unreported cases of this Division, the High Court Division found that there was no scope to hold that sanction of the Government was mandatory to make inquiry of the offence of the present case as per provision of sect...... however, do not find any illegality in the impugned judgment delivered by the High Court Division. Therefore, this criminal petition for leave to appeal is disposed of with the direction made in the body of the judgment. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 227 ..Category: Criminal Law | Date: 12 Apr, 2015 | Hits: 19
Muhammad Kamaruzzaman Vs. The Government of Bangladesh, 2015, 44 CLC (AD)
....bsp; The Government of Bangladesh represented by the Chief Prosecutor, International Crimes Tribunal, Dhaka&h......s and about political offences couchedin terms so broad that the imposition of the death penalty may besubject to essentially subjective criteria. The UN Commission on Human Rights, a subsidiary body ofthe UN Economic and Social Council (ECOSOC), replaced by theHuman Rights council in 2006, int..Category: Criminal Law, International Crimes Tribunal Law | Date: 5 Apr, 2015 | Hits: 60
....-7-2014 gave replies to the impugned orders admitting the allegations brought against it in this connection;
(g) the writ petitions are misconceived with malafide motive to avoid payment of huge Government revenue and the Rules are thus, liable to be discharged with costs.
10. In view of t......shy;cate the matters in accordance with law.
No cost.
Communicate the judgment to respondent No. 1 at once.
Ed.
This Case is also Reported in: 68 DLR (HCD) (2016) 98
..
Category: Fiscal/Taxation Law | Date: 2 Apr, 2015 | Hits: 0
Asek Elahi Vs. Jalal Ahmedand others, 2012, 41 CLC (AD)
....nha, J and Md. Abdul Wahhab Miah, J I agree with the reasoning and findings given by my learned brother, Md. Abdul Wahhab Miah, J. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 5. ......uced its original and were marked as exhibit-'!' and 'Ka' respectively. The preamble of the deed is ‘৫ পাঁচ সনা ম্যাদী কবলা’ and in the body of the deed also it has been written as ‘৫ পাঁচ সনা ম্যাদী ..Category: Property Law | Date: 14 Mar, 2015 | Hits: 45
Aminul Karim (Md.) Vs. Government of Bangladesh and others, 2015, 44 CLC (HCD)
....Court Division (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J Kashefa Hussain J Aminul Karim (Md.)....................................Petitioner Vs. Government of Bangladesh and others............ Respondents Judgment March 9, 2015. R......r of stay granted earlier by this i Court is hereby recalled and vacated. Communicate this order at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 354 ..Category: Banking Law, Procedural Law | Date: 9 Mar, 2015 | Hits: 0
Nurul Huda (Md.) Vs. State, represented by the DC, Lalmonirhat, 2015, 44 CLC (AD)
....from the date of his conviction; so, let the accused be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 231. ......eight) months pregnant. P.W.1 has stated that the victim was 8(eight) months pregnant. P W 1 has stated that the accused assaulted the victim with lathi, he did not say on which part of the body. P.W. 3 did not also say on which part of the body the accused assaulted the victim, though he ..Category: Criminal Law, Women and Children | Date: 8 Mar, 2015 | Hits: 18
....using his gun……………….(27)
Case Referred to-
Bangladesh Vs. Md. Azharul Islam, 13 BLT (AD) 166; Sk. Ali Ahmed Vs. Secretary Ministry of Home Affairs, Government of the People's Republic of Bangladesh, 40 DLR (AD) 170; Reza-ul-Karim (Md.) Vs. Secr......ce the competing interests of administrative justice and the exigencies of efficient administration. These principles were applied originally to courts of justice and now extend to any person or body deciding issues affecting the rights or interests of individuals where a reasonable citizen wou..
Category: Constitutional Law | Date: 2 Mar, 2015 | Hits: 23
Ramjan Ali Tarafder (Md.) Vs. Bangladesh and others, 2015, 44 CLC (HCD)
....ection 1 of section 12 of the Ain, as such, under sub-section 4 of section 12, the provisions of section 33 are not mandatory………..(9) Case Referred to- Zinnatul Ara Vs. Government of the People's Republic of Bangladesh, 15 BLC (AD) 168; Banesa Bibi Vs. Senior Vice ......er was sold at a shockingly low price as evident from the Annexures-'B' and 'B-1' wherein the value of the property in the sale deed was shown Taka 11,00,000 (Eleven lakhs) but in the body it was stated that property was sold at Taka 6,00,000 (Six lakhs). The respondent No. 2 by prac..Category: Banking Law | Date: 22 Feb, 2015 | Hits: 7
Shamvunath Karmaker and another Vs. State and another, 2015, 44 CLC (HCD)
....by recalled and vacated. The office is directed to communicate the judgment and order to the persons concerned immediately. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 320 ......by recalled and vacated. The office is directed to communicate the judgment and order to the persons concerned immediately. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 320 ..Category: Anti-Corruption Laws, Procedural Law | Date: 10 Feb, 2015 | Hits: 4
Bangladesh Rural Advancement Committee (BRAC) Vs. Commissioner of Taxes, 2014, 43 CLC (HCD)
.... reveals that the Assessee-applicant Bangladesh Rural Advancement Committee (BRAC) is a registered society under the Societies Registration Act 1860. The said Organization is also registered as a Non-Government Organization (NGO) within the meaning of the Non-Government Organization Ordinance 1978 a......uestion in negative and in favour of the Assessee-applicant. However, there shall be no order as to cost. Md. Emdadul Haque Azad, J: I agree. Ed. This Case is also Reported in: ..Category: Fiscal/Taxation Law | Date: 24 Dec, 2014 | Hits: 0
....al or special order, specify in this behalf
Provided further that no tax shall be deducted on the amount of interest or share of profit arising out of any deposit pension scheme sponsored by the Government or by a Scheduled Bank with prior approval of the Government.
14. Section 30(aa) pro......nswered in negative and in favour of the Assessee-applicant.
However, there shall be no order as to cost.
Md. Emdadul Haque Azad, J: I agree.
Ed.
This Case is also Reported in:
..
Category: Fiscal/Taxation Law | Date: 15 Dec, 2014 | Hits: 1
Singer Bangladesh Ltd Vs. National Board of Bangladesh, 2014, 43 CLC (HCD)
....erred to- Sekander Spinning Mills Vs. Customs, Excise and VAT 63 DLR 272; Aftab Automobiles Ltd. vs Superintendent of Customs, Excise & VAT 18 BLC 138; Vice Chairman, Export Promotion Bureau Government of Bangladesh Vs. Acqua Foods Limited 50 DLR (AD) 113; Authorised Officer DIT, Dacca Vs. ......R and do the needful to ascertain whether the thinks are in the right direction or not. Deviation of any kind if could be ascertained by the audit department in the process, the statutory public body (like NBR) would certainly account for that. ......(43) Issuing of Notices— The..Category: Constitutional Law, Fiscal/Taxation Law | Date: 15 Dec, 2014 | Hits: 5
....e by this Court exercising its jurisdiction under Article 102 of the Constitution....... (17)
Case Referred to-
Ahsanul Azim Vs. Bangladesh, Writ Petition No. 1290 of 2011; SM Sanaullah Vs. Government of Bangladesh and others, Writ Petition No. 5294 of 2011;R.Vs. Metropolitan Police Commis......with law, is the inalienable , right to every citizen, wherever he may be, and of ever other person for the time being within Bangladesh, and in particular no action detrimental to the life, liberty, body, reputation or property of any person shall be taken except in accordance with law."
..
Category: Constitutional Law, Fiscal/Taxation Law | Date: 8 Dec, 2014 | Hits: 3
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