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Sanjay Kumar Biswas Vs. State, 2015, 44 CLC (HCD)
....d the appellant stands accordingly acquitted. Communicate the order at once and send b the Lower Court Record. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 185. ......kder Vs. State, 6 BLT High Court Division, 99 page 73. In reply the learned Assistant Attorney General vehemently argued that in such a matter of sexual offence it has been by the time a settled principle that a conviction may well base on the solitary testimony of the prosecutrix alone an......nd put vermilion on Malati Rani's head with an intent to give her a fake assurance that by doing so he actually married her. This particular fact, if found true, should be considered with paramount importance. But the written FIR itself is silent as regards this episode. The informant himse..Category: Women and Children | Date: 5 May, 2015 | Hits: 3
.... There shall be no mandatory sentence of death in respect of an offence of murder committed by an offender who is under a sentence of life imprisonment.
Ed.
This Case is also Reported in:
......s we notice the killing of women or minor girls by pouring corrosive substances over petty matters, which could not be imagined of to be perpetrated in the western countries. We would not incorporate principles foreign to our Constitution or be proceeding upon the slippery ground of apparent similar......prisonment for life. Section 300 fastens the special requirements of murder upon the definition of culpable homicide. Culpable homicide sans special characteristics of murder is culpable homicide not amounting to murder. If any of the five exceptions attracts a case it will be culpable homicide not ..
Category: Criminal Law, Women and Children | Date: 5 May, 2015 | Hits: 83
....ere shall be no mandatory sentence of death in respect of an offence of murder committed by an offender who is under a sentence of life imprisonment.
Ed.
This Case is also Reported in:
......s we notice the killing of women or minor girls by pouring corrosive substances over petty matters, which could not be imagined of to be perpetrated in the western countries. We would not incorporate principles foreign to our Constitution or be proceeding upon the slippery ground of apparent similar......mprisonment for life. Section300 fastens the special requirements of murder upon the definition of culpable homicide. Culpable homicide sans special characteristics of murder is culpable homicide not amounting to murder. If any of the five exceptions attracts a case it will be culpable homicide not ..
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)
....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 ......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 ......le 42 of the Rules 1955. In doing so, the respondent No. 4 is directed to dispose of the matter pending before him in accordance with the relevant provisions of laws within the shortest possible amount of time preferably within 3(three) months from the date of receipt of the judgment of this co..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)
....e Rule is hereby recalled and stand vacated. Communicate a copy of this Judgment and Order to the Court concerned at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 287. ......e Rule is hereby recalled and stand vacated. Communicate a copy of this Judgment and Order to the Court concerned at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 287. ......this Court may seem fit and proper. 2. Facts relevant for disposal of this Rule, in brief, are that the Respondent No.2 as plaintiff instituted Artha Rin Suit No.188 of 2011 for recovery of loan amounting to Taka 26, 58, 57,855.48 in the Artha Rin Adalat, 2nd Court, Dhaka against the Petitioner..Category: Banking Law, Others | Date: 27 Apr, 2015 | Hits: 10
Hasina Ahmed Vs. State, 2015, 44 CLC (HCD)
....ry of Salauddin Ahmed whichever is earlier. In the light of the discussions made hereinbefore, the Rule is discharged. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 343 ......elates to the detention of the detenu. The facts and circumstances of the case referred to above and the facts and circumstances of the case in hand are not similar and identical. Therefore, the principle expounded in the case referred to above does not apply in the facts and circumstances of t......ry of Salauddin Ahmed whichever is earlier. In the light of the discussions made hereinbefore, the Rule is discharged. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 343 ..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
......her that the BSEC on being informed of such subscription by the Ells, marking the successful completion of the price discovery exercise, eventually issued its Consent Letter of 9-12-2014 endorsing in principle the right of the Company to declare any benefit/dividend based on the Financial Statement ......than 28-5-2014 i.e. within a period of fifteen months computed from the date of the 6th AGM. However, citing inadvertence in so duly holding the 7th AGM and attributing the delay to circumstances not amounting to laches or negligence on the Company's part, the Petitioner justifies the ..
Category: Company Law | Date: 15 Apr, 2015 | Hits: 7
Anti-Corruption Commission Vs. A.A.M Habibur Rah¬man and anothers, 2015, 44 CLC (AD)
....ed to proceed with the cases in accordance with law. Accordingly, all the petitions are disposed of. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 278 ...... is not mandatory in nature. Non submission of report by the investigating officer within 45 working days cannot be a good ground for quashing the proceedings......... (48) The settled principle is that while considering of the application under section 561A of the Code the High ......propriated a sum of Taka 2, 63,792/73 while implementing the work of lot No. 8, 9, 13 and 29 of the project without completing the proposed work. They submitted false bills and withdrew the said amount thereby committed offence within the meaning of the aforesaid provisions of law. Th..Category: Anti-Corruption Laws, Criminal Law | Date: 12 Apr, 2015 | Hits: 8
Muhammad Kamaruzzaman Vs. The Government of Bangladesh, 2015, 44 CLC (AD)
...., quite candidly submitted that he is aware of the limitations that a review petition faces. Resultantly, the instant review petition is dismissed. Ed. This Case is also Reported in: ......n Machhi Singh this Court observed that though the “community” revered and protected life because “the very humanistic edifice is constructed on the foundation of reverence for life principle” it may yet withdraw the protection and demand death penalty. The kind of cases in w......, quite candidly submitted that he is aware of the limitations that a review petition faces. Resultantly, the instant review petition is dismissed. Ed. This Case is also Reported in: ..Category: Criminal Law, International Crimes Tribunal Law | Date: 5 Apr, 2015 | Hits: 60
....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
......ble to section 156(1) of the Act, as separate proceedings ought to have been initiated;
(6) show-cause notices for demand of duties, taxes, etc. were not served upon the petitioner violating the principle of natural justice and therefore, the impugned orders are unlawful and liable to be struck......Customs Act (IV of 1969); Sections 98, 98(1) (2A) and 111
The Demand of Customs Authority —Removal of the Goods under Section 98
The appropriate customs authority may demand full amount of duties chargeable on the goods imported under the bonding facilities with all rent, penalt..
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. ......repayment the grant determined and the land reverted to the mortgagor who was entitled to re-enter. After the common law mortgage became a mortgage by conditional conveyance; it was modified by three principles of equity; such as: a) that equity looks to the essence of the transaction and that ......in place of sale deed it was mentioned as conditional sale. It was also recited that if the recipient of the deed failed to hand over possession on the demand of the vendors on repayment of principal amount in due time, they would be entitled to redeem the land through the process of the Court after..Category: Property Law | Date: 14 Mar, 2015 | Hits: 45
Aminul Karim (Md.) Vs. Government of Bangladesh and others, 2015, 44 CLC (HCD)
....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 ......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 ......money. Both can stand together.......(12) Recovery of Loan Amount— A close reading of sub-section 1 of section 138 of the Act, shows that it has noting to do with the recovery of loan amount. The whole scheme of the law is to haul up the drawer of the unpaid/dishonoured cheque(s) for..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. ......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. ......ht) months. P.W. 2, who is the victim, has stated in her examination-in-chief that on the date of occurrence, her father gave Taka 10,000 to the accused and he sought time for the payment of the rest amount. At this, her father-in-law rebuked her father. Then, her husband (the accused) throttled her..Category: Criminal Law, Women and Children | Date: 8 Mar, 2015 | Hits: 18
....o. 8 cancelling the gun licence of the petitioner is declared to be without lawful authority and of no legal effect.
Ed.
This Case is also Reported in: 20 BLC (HCD) (2015) 279
...... that prior to cancellation of the gun licence of the petitioner by the impugned Memo dated 14-5-2001, the petitioner was not given any opportunity of being heard and because of violation of the principle of natural justice, the impugned Memo dated 14-5-2001 cannot be sustained in l...... Chairman of Gobindapur Union Parishad, Muksudpur in the District of Gopalganj in 1998. Anyway, the petitioner made an application to the authority for an arms licence and deposited the required amount to the treasury vide challan No.6 dated 1-12-1998 and obtained licence No. 31/98 Gopalganj is..
Category: Constitutional Law | Date: 2 Mar, 2015 | Hits: 23
Ramjan Ali Tarafder (Md.) Vs. Bangladesh and others, 2015, 44 CLC (HCD)
....t the petitioner. In the result, the Rule is discharged without any order as to cost. Communicate this order at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 245. ......t the petitioner. In the result, the Rule is discharged without any order as to cost. Communicate this order at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 245. ......n favour of respondent No.3 (Annexures-B & B-1). Further it has been stated that respondent No. 2, bank by letter dated 23-4-2011 (Annexure-C) requested the petitioner to take the additional amount from the sale proceed. The letter dated 24-3-2011 reveals that the property of the petitioner..Category: Banking Law | Date: 22 Feb, 2015 | Hits: 7
Mosharaf Hossain (Md.) Vs. Bangladesh and others, 2015, 44 CLC (HCD)
.... The Adalat below is directed to proceed with the execution of the decree in accordance with law. Communicate this at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 199 ...... The Adalat below is directed to proceed with the execution of the decree in accordance with law. Communicate this at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 199 ......ny reason, the right to possession and enjoyment of the mortgaged property will be conferred on the decree holder and, in such case, the decree holder will be at liberty to realize the decreetal amount through sale of the mortgaged property, again in accordance with the provisions men..Category: Administrative Law, Others | Date: 17 Feb, 2015 | Hits: 4
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 ......ded Taka 1,840 for registration of the said deed but the informant wanted to give only Taka 232 which is the government actual registration fee. The accused-petitioner No. 2 denied to accept the said amount and to register deed. Thereafter informant went to the nearby Camp of the Rapid Action Battal..Category: Anti-Corruption Laws, Procedural Law | Date: 10 Feb, 2015 | Hits: 4
....tive and in favour of the Assessee-applicant.
However, there shall be no order as to cost.
Md. Emdadul Haque Azad, J: I agree.
This Case is also Reported in:
......tive and in favour of the Assessee-applicant.
However, there shall be no order as to cost.
Md. Emdadul Haque Azad, J: I agree.
This Case is also Reported in:
......highest appellate authority in the Taxes department, the Assessee-applicant has preferred the appeal before the first appellate authority against his grievance as to enhancement of his loss to a huge amount of income, which having prejudiced the Assessee-applicant, is entitled to file the..
Category: Fiscal/Taxation Law | Date: 14 Jan, 2015 | Hits: 1
....of the account, save and accept the statutory disallowances.
However, there shall be no order as to cost.
Md. Emdadul Haque Azad, J: I agree.
Ed.
This Case is also Reported in:
......of the account, save and accept the statutory disallowances.
However, there shall be no order as to cost.
Md. Emdadul Haque Azad, J: I agree.
Ed.
This Case is also Reported in:
......plicant is a regular income tax payer under the TIN. 070-201-4239/Co.-7 which submitted its income tax return for the assessment year 2008-2009, 2009-2010 and 2010-2011 disclosing income at different amount and pursuant to the notice under section 83(1) and 79 of the Income Tax Ordinance 1984 the au..
Category: Fiscal/Taxation Law | Date: 12 Jan, 2015 | Hits: 1
.... Supreme Court of Bangladesh, is directed to take steps under section 161(2) of the Income Tax Ordinance, 1984.
Md. Habibul Gani, J: I agree.
Ed.
This Case is also Reported in:
......slami Bank Bangladesh Limited (hereinafter stated as the assessee) is a banking company incorporated under the Companies Act, 1913. The assessee has been carrying on banking business according to the principle of Islami Sharia. The assessee has been paying income tax regularly and it submitted its i......o effect a contract for an annuity for the benefit of, the assessee or his spouse or any of his dependent child as well as any sum paid by an employer in respect of any obligation of an employee. The amount contributed by the assessee in the contributory provident fund of the office employee, thus, ..
Category: Fiscal/Taxation Law | Date: 11 Jan, 2015 | Hits: 1
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