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....s to costs.
Send down the record of the Court of Settlement.
Communicate the judgment to respondent No. 1 at once.
Zinat Ara J.- I agree.
Ed.
This case is also Reported in:
......sale deeds from Md. Ehsanul Hoque and since the date of purchase the petitioners are paying all rent, taxes, bill etc. to the Revenue Office, WASA, DESA and City Corporation and their names were duly recorded in the Government Revenue Office and in the recent land survey conducted by the Government ...... Khatun were present in Bangladesh on 28.02.1972 and consequent thereupon the property having had assumed the character of abandoned property, the listing of the property in question, even if without service of notice as per provision of Ordinance No. 54 of 1985, is not material as the property beca..
Category: Abandoned Properties Law | Date: 27 May, 2015 | Hits: 35
....cept the apology made on behalf of the then Dhaka Board, Chairman and exempt her from imposing any fine.
Ed.
This Case is also Reported in: 15 BLC (HCD) (2010) 349
......pearing alongwith learned advocate Mr.M. Mahbubur Rahman Khan, Ms. Fahima Barrin and Mr. Md. Sagir Hossain, appearing for the petitioner, having placed the petition along with other materials on record, first of all drew our attention to the regulation No. 5(3) of the aforesaid Regulation and s......cept the apology made on behalf of the then Dhaka Board, Chairman and exempt her from imposing any fine.
Ed.
This Case is also Reported in: 15 BLC (HCD) (2010) 349
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Category: Administrative Law | Date: 26 May, 2015 | Hits: 1
Abdul Monayem Lili Vs. Judge, Artha Rin Adalat & others, 2015, 44 CLC (HCD)
....rted their business, thereafter, to run the business they took loan and opened back to back L/C with respondent No.2, the Social Islami Bank Ltd., Principal Branch, Motijheel, Dhaka for exporting the goods amounting to Taka 3, 29, 00,000 (Three Crore Twenty Nine Lacs) but failed to export the same. ......, 7. We have heard the learned counsel appearing on behalf of the respondent No.2 bank and considered his submission and also perused the petition, impugned auction notice and other materials on record carefully. To appreciate the submission pressed in to service by the counsel for the responde......lf of the respondent No.2 bank and considered his submission and also perused the petition, impugned auction notice and other materials on record carefully. To appreciate the submission pressed in to service by the counsel for the respondent it would be profitable to quote sections 33(1) and 48 of t..Category: Banking Law | Date: 25 May, 2015 | Hits: 0
Mahmudul Islam Vs. Anti-Corruption Commi¬ssion and others, 2015, 44 CLC (HCD)
....o, VDS is not a separate tax, rather it is the system or procedure to deduct tax at the source from where the money comes. There are provisions to deduct VAT at source. There are many people who sell goods and services where as per the provisions of law, VAT needs to be paid but actually m...... obtained the present Rule and order of stay. 6. Mr. Mahmudul Islam, the learned Senior Advocate appearing in person after placing the petition, the Memos impugned against and other materials on record and also by submitting a written argument contends as under:- 7. The petitioner has......5) as Vat against the aforesaid two payments. The petitioner gave a reply on 15-11-2009 denying the liability stating that VAT being an indirect tax is payable by the ACC as receiver of the services and also contended that the ACC illegally deducted1 a sum of Taka 33,725 as VAT as ack..Category: Anti-Corruption Laws, Fiscal/Taxation Law | Date: 18 May, 2015 | Hits: 2
Government of Bangladesh and oth¬ers Vs. Ashraf Ali, 2015, 44 CLC (AD)
....osed of. Accordingly, the appeal is disposed of with the observations and direction made in the body of the judgment. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 263 ...... have considered the submissions of the learned Deputy Attorney-General for the leave-petitioners and learned Advocate-on-Record for the respondent, perused the impugned judgment and the materials on record. 11. Before entering into the merit of the appeal, it is necessary to go through the gro......osed of. Accordingly, the appeal is disposed of with the observations and direction made in the body of the judgment. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 263 ..Category: Administrative Law | Date: 12 May, 2015 | Hits: 6
Orascom Telecom Bangladesh Limited Vs. Kalipada Mridha and others, 2015, 44 CLC (AD)
....d as expeditiously as possible. Accordingly, both the leave-petitions are disposed of with the above direction. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 292. ...... is liable to be set aside. 10. We have considered the submissions of the learned Advocate of the leave-petitioner of both the leave-petitions, perused the impugned judgment and the materials on record. 11. The Constitution of the People's Republic of Bangladesh states about the nation......d as expeditiously as possible. Accordingly, both the leave-petitions are disposed of with the above direction. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 292. ..Category: Constitutional Law | Date: 11 May, 2015 | Hits: 5
Sanjay Kumar Biswas Vs. State, 2015, 44 CLC (HCD)
....Malati Rani's mouth dragged and in fact abducted her to the dwelling house of the appellant himself located in the same mohulla. He repeatedly promised that he would formally marry Malati Rani in good time. Next by brandishing a knife and using force Sanjay committed rape upon Malati in tha...... Justice of Bangladesh, the matter has been transmitted to this bench for hearing afresh and disposal. 3. Projected fact of the prosecution that could be gathered from the materials on record succinctly is that the prosecutrix Malati Rani Sharma (for short, Malati) aged about 19 years......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. ..Category: Women and Children | Date: 5 May, 2015 | Hits: 3
....society by deterring potential offenders as also by preventing the guilty party from repeating the offence; it is also designed to reform the offender and reclaim him as a law-abiding citizen for the good of the society as a whole. Reformatory, deterrent and punitive aspects of punishment thus play ......iple provided in section 367(5) of the Code of Criminal Procedure as stood in India by amendment by Act XXVI of 1955, to award a sentence of death was the normal and a life sentence for reasons to be recorded in writing. This provision was done away by the new Code of 1973, the corresponding provisi...... 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:
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Category: Criminal Law, Women and Children | Date: 5 May, 2015 | Hits: 83
....society by deterring potential offenders as also by preventing the guilty party from repeating the offence; it is also designed to reform the offender and reclaim him as a law-abiding citizen for the good of the society as a whole. Reformatory, deterrent and punitive aspects of punishment thus play ......rooqui, Senior Advocate (with A.B.M. Bayezid, Advocate), instructed by Syed Mahbubur Rahman, Advocate-on-Record-For the Appellants (In Civil Appeal No.116 of 2010)
Mrs. Sufia Khatun, Advocate-on-record-For the Petitioner (In Criminal Petition No.374 of 2011)
A.B.M. Bayezid, Advocate-For th......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:
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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 ......ian No. 1645 should not be declared to have been issued without lawful authority and of no legal effect. 2. The Rule was directed to be heard along with Writ Petition No. 4027 of 2003. Since the record of the aforesaid Rule could not be placed before this Bench at the time of hearing, the Rule ......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
State Vs. Abdus Salam and others, 2015, 44 CLC (AD)
....urrender before the concerned Court, the Chief Judicial Magistrate of Sylhet shall take step to take them in custody. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 376 ......erence is to be made with the order of acquittal unless the approach made by the lower Court to the consideration of the evidence in the case is vitiated by some manifest illegality or the conclusion recorded by the court below is such which could not have been possibly arrived by any court acting r......urrender before the concerned Court, the Chief Judicial Magistrate of Sylhet shall take step to take them in custody. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 376 ..Category: Criminal Law, Procedural Law | Date: 29 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 ......rect the respondents to bring up Salauddin Ahmed before this Court and as such the Rule is liable to be discharged. 8. We have heard the learned Advocates for both the sides and perused the records. It appears from the record that Mr. Salauddin Ahmed was missing on 10-3-2015 at about 10-15......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
....tries as well as of generating, transmitting, distributing and trading in electricity.
3. The Petitioner asserts that this application has been filed against the backdrop of the Company having a good track record of AGMs regularly held since its inception with the last such AGM, being the 6th A......ll as of generating, transmitting, distributing and trading in electricity.
3. The Petitioner asserts that this application has been filed against the backdrop of the Company having a good track record of AGMs regularly held since its inception with the last such AGM, being the 6th AGM, duly he......keeping with applicable statutory and regulatory requirements. The Company today remains one engaged primarily in the business of constructing, owning and managing infrastructure projects and/or service oriented industries as well as of generating, transmitting, distributing and trading in elec..
Category: Company Law | Date: 15 Apr, 2015 | Hits: 7
Lutfor Rahman Mollah (Md.) and another Vs. M Safiul-Alam, 2015, 44 CLC (HCD)
....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. ......s have s been expired, the plaintiffs have no subsisting interest in the suit premises and they have no cause of action to file the suit against their landlord. 13. On scrutiny of the record it appears that admittedly, the plaintiffs entered into an agreement with the defendant ......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
Anti-Corruption Commission Vs. A.A.M Habibur Rah¬man and anothers, 2015, 44 CLC (AD)
....he provision of completion of the investigation within stipulated period 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......ে।” On perusal of the charge-sheets of all the cases it appears that such observations of the Investigating Officer are common. In such view of the facts, circumstances and material on records, particularly, the conclusions arrived at by the Investigating Officer, quoted above, the vi......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 ..Category: Anti-Corruption Laws, Criminal Law | Date: 12 Apr, 2015 | Hits: 8
Mafruza Sultana Vs. State and another, 2015, 44 CLC (AD)
....efore, 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 ......y;tion 13 of the Money Laundering Protirodh Ain, 2002 read with section 4(2) of the Money Laundering Ain, 2009 against the accused-petitioner along with her husband. 6. After that, the case record was transferred to the Court of Metropolitan Senior Special Judge, Dhaka, and registered......efore, 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)
....istan obviously provides the most glaring example where the authorities revoked moratorium in the wake of Taleban bombing that resulted in the killing of several dozens of school children. 79. A good number of executions followed. 80. Other countries that backed out from moratorium include......ld guide the procedure and practice of this Division for disposal of a review petition, that is to say, a review in a criminal matter can be made on the ground of an error apparent on the face of the record. Power of review is not an inherent power A review in a criminal matter can be made......c) when the victim is a person vis-à-vis whom the murderer is in a position of domination or trust (d) when the victim is a public figure generally loved and respected by the community for the services rendered by him and the murder is committed for political or similar reasons other than per..Category: Criminal Law, International Crimes Tribunal Law | Date: 5 Apr, 2015 | Hits: 60
....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, penalties, interest and other charges pay......ইঃ/২০০৪/পার্ট-৩/২০১২/১০৬৬৫ dated 23-6-20 14.
11. We have examined the writ petitions, the affidavits- in-opposition and the connected materials on record. We have also studied the relevant provisions of the Act.
12. Admittedly, the petitioner......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
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Category: Fiscal/Taxation Law | Date: 2 Apr, 2015 | Hits: 0
Asek Elahi Vs. Jalal Ahmedand others, 2012, 41 CLC (AD)
....On the death of Maqbul Ahmed Chowdhury, his interest devolved upon defendant Nos.4-19. The defendants are in possession of the mortgaged lands. The mortgaged lands are of superior quality and produce good crops and by the usufructs of the lands, the mortgagee's dues had been satisfied and theref......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. ......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. ..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 ......his Rule should be discharged outright. 8. We have heard the learned counsel for the respondent-bank and considered his submissions. We have also gone through the petition and other materials on record carefully. At the very outset we would like to clear that though this writ petition appe......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
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