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Shariful Alam (Babu) (Md.) Vs. State and another, 2014, 43 CLC (HCD)
....sfaction of the trial Court till conclusion of the trial. Let a copy of this order be sent to the Court concerned with LCR. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 182 ......l Court being aware about the discharge order of the Rule as well as the stay order dated 15-2-2011 had proceeded to dispose of the case and the case was fixed on 1-7-2012 for trial. 6. The prosecution at trial had examined witness and submitted some papers but the: accused did..Category: Criminal Law | Date: 2 Dec, 2014 | Hits: 9
Category: Fiscal/Taxation Law | Date: 30 Nov, 2014 | Hits: 1
Youngone (CEPZ) Limited Vs. Commissioner of Taxes, 2014, 43 CLC (HCD)
....-2004 before the Commissioner of Taxes (Appeals), Taxes Appeal Zone, Chittagong (hereinafter mentioned as the CTA). The CTA, upon hearing, by order dated 12.11.2003 disposed of the appeal by allowing partial benefit to the assessee. 4. Being aggrieved, the assessee preferred Income Tax Appeal N......me Court of Bangladesh, is directed to take necessary steps under section 161(2) of the Income Tax Ordinance, 1984. Md. Habibul Gani J: I agree. This Case is also Reported in: ..Category: Fiscal/Taxation Law | Date: 30 Nov, 2014 | Hits: 17
State Vs. Secretary, Ministry of Public Administration and others, 2014, 43 CLC (AD)
....torney-General in that respect as well, as noted down hereinbefore, are expunged. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 271 ......n respect of a case to which section 170 applies, the police-officer shall forward to the Magistrate along with the report— (a) all documents or relevant extracts thereof on which the prosecution proposes to rely other than those already sent to the Magistrate during investiga&s..Category: Criminal Law, Procedural Law | Date: 10 Nov, 2014 | Hits: 4
Chowdhury Mohidul Haque Vs. Anti-Corruption Com¬mission and others, 2014, 43 CLC (AD)
.... illegality or infirmity in the impugned judgment and order and accordingly the civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 115. ...... on 14-3-2007 for framing charge, and then he transmitted the case record to the Divisional Special Judge, Barisal. On transfer, the case was renumbered as Special case No. 2 of 2007. On 9-5-2007 the prosecution prayed for re-investigation of the case, but the learned Divisional Special Judge, Baris..Category: Civil Law | Date: 21 Oct, 2014 | Hits: 6
State Vs. Md. Lutfur Rahman and others, 2014, 43 CLC (AD)
....ars imposed on the accused-respondents by the trial Court be reduced to the period they have already undergone. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 150. ......r rigorous imprisonment for 3 (three) months more under sections 409/109 of the Penal Code. No separate sentence was passed under section 5(2) of the Act II of 1947. 2. The case of the prosecution, in short, is that the accused Lutfur Rahman Khan, Jamaluddin Afgani and Kafiluddin whil..Category: Criminal Law | Date: 14 Oct, 2014 | Hits: 2
Onil Kuar Podder and others Vs. Mostafa Unuch, 2014, 43 CLC (HCD)
..... Learned Advocate for the respondent relied on the case of Maslik Hussain Vs. Lola Ram Chand, 22 DLR (SC) 275. This is a case under Punjab Pre-emption Act, 1913 where the ratio decidendi was whether partial pre-emption is allowable or not. This case is not applicable as it is a case not on Muhammad......authority of an interlocutory judgment of this court. It has, however, been contended that under section 89 of the Probate and Administration Act the right of the Administrator does not extend to the prosecution of this suit inasmuch as the relief sought could not be enjoyed after the death of the p..Category: Property Law | Date: 15 Sep, 2014 | Hits: 8
Yunus (Md.) Vs. State & another, 2014, 43 CLC (HCD)
.... Let the lower Court's record along with a copy of this judgment be sent down to the concerned Court below at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 97 ...... 17 BLC 277, State Vs. Md. Nasim reported in 57 DLR (AD) 114, Sher Ali (Md.) Vs. State reported in 46 DLR (AD) 67, Moudud Ahmed Vs. State reported in 48 DLR (AD) 42. He further submits that since the prosecution materials do not disclose any ingredients of entrustment and fraudulent mensrea to decei..Category: Criminal Law, Procedural Law | Date: 13 Aug, 2014 | Hits: 8
Haji Mohammad Ali vs. Commissioner of Taxes, 2014, 43 CLC (HCD)
....e answered in negative and in favour of the Assessee-applicant. However, there shall be no order as costs. Md. Emdadul Haque Azad J: I agree. Ed. This Case is also Reported in: ......nts in his possession, and may stamp any accounts or documents so inspected, and may retain such accounts or documents for so long as may be necessary for examination thereof or for the purposes of a prosecution: Provided that the Deputy Commissioner of Taxes or an Inspector shall not make any ..Category: Fiscal/Taxation Law | Date: 24 Jul, 2014 | Hits: 0
State Vs. Robin, 2014, 43 CLC (AD)
.... with law. The accused respondent Robin be enlarged on bail to the satisfaction of the trial Court till conclusion of the trial. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 272. ......pondent under section 9 (3) of the Ain. Later on charge was framed under sections 7/9 (3) of the said Ain which could not be read over to the accused persons as they were absconding. 5. The prosecution examined 6 witnesses to substantiate their case who were not cross- examined by the..Category: Criminal Law, Women and Children | Date: 24 Jul, 2014 | Hits: 16
Category: Women and Children | Date: 20 Jun, 2014 | Hits: 15
State Vs. Md. Sajjad Ali, 2014, 43 CLC (HCD)
....nection with any other case. Send down the lower Court records with a copy of this judgment to the concerned Court at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 161 ......his Court. The Death Reference No. 133 of 2008, Criminal Appeal No. 8657 of 2008 and Jail Appeal No. 30 of 2009 have been heard together and are being disposed of by this common judgment. 4. The prosecution case, in short, is that the informant lodged an FIR with the Motihar Police Station, Raj..Category: Criminal Law | Date: 16 Jun, 2014 | Hits: 15
Mohoshin Miah (Md.) Vs. State and another, 2014, 43 CLC (HCD)
....d order along with the lower Court's record be sent to the concerned Court for information and necessary action. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 114 ......e whole act of trap has become illegal and on the basis of the said illegal trap there cannot be any legal case against the convict appellant. 8. The learned Advocate next submits that the total prosecution case is based on some wrong notion. The accused at the relevant time has been serving at..Category: Anti-Corruption Laws, Criminal Law | Date: 10 Jun, 2014 | Hits: 8
Government of Bangladesh and others Vs. Md. Abdul Karim, 2014, 43 CLC (HCD)
.... disposal of the criminal case pending against him on the same issue. Ed. This Case is also Reported in: 66 DLR (AD) (2013) 251 ......r will be proceeded again after disposal of the criminal case pending against him. 6. Section 25(1) of the Government Servants (Discipline and Appeal) Rules, 1985 has stated that if there be any prosecution or legal proceeding against the Government servant pending in any Court on the same issu..Category: Civil Law, Procedural Law | Date: 9 Jun, 2014 | Hits: 4
Shafiqul Islam Vs. Bangladesh Bank and others, 2014, 43 CLC (HCD)
....stay granted earlier by this Court at the time of issuance of the said rules, thus, stand recalled and vacated Communicate this. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 270 ......relied on one decision of our Appellate Division arising out of a case decided by the International Crimes Tribunal, widely known as Kader Molla's case, wherein the Appellate Division allowed the prosecution to prefer appeal before the Appellate Division against the judgment of the Tribunal thro..Category: Banking Law, Company Law | Date: 1 Jun, 2014 | Hits: 11
State and another Vs. Abdul Kader @ Mobile Kader and others, 2014, 43 CLC (AD)
.... under sections 302/120B of the Penal Code and he be released from Jail at once, if not wanted, in connection with any other case. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 6. ......he same is admissible under section 10 of the Evidence Act. It, however, acquitted the respondents Abdul Quader @ Mobile Quader and Abdur Razzak Khan alias Thandu on the reasonings that the prosecution has picked up Ziaur Rahman @ Ibloo (P.W.2), Abdur Jabbar @ Molla (P.W. 3), and Md. Nesar..Category: Criminal Law | Date: 14 May, 2014 | Hits: 16
State Vs. Faisal Morshed Khan and another, 2014, 43 CLC (AD)
....ccordingly, both the criminal petitions for leave to appeal are dismissed with the observation made in the body of the judgment. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 236. ......he respondent under sections 26(2) and 27(1) of the said Act of 2004 and also framed charges against his wife under section 27(1) of the Act, 2004 read with section 109 of the Penal Code. 7. The prosecution examined 18 witnesses and the defence examined none. 8. The trial Court by its judg..Category: Anti-Corruption Laws | Date: 5 May, 2014 | Hits: 8
হোটেল পূর্বাণী ইন্টান্যাশনাল লিমিটেড বনাম কমিশনার অব ট্যাক্সেস, 2014, 43 CLC (HCD)
....য়াছেন; Ground No. 2 is related to the disallowance from expenses claimed in the profit and loss account. Objections have been raised in respect of eleven heads of expense. The DCT made partial/full disallowance from the claims mainly because of lack of proof and verifiability. At the ......ল না। বিচারপতি মোঃ ইমদাদুল হক আজাদ.- আমি একমত হইলাম। Ed. This Case is also Reported in: ..Category: Fiscal/Taxation Law | Date: 22 Apr, 2014 | Hits: 4
Ibrahim Vs. State, 2014, 43 CLC (HCD)
.... improbable, speculative and of an uncertain character. Therefore, we failed to discover that the evidence of solitary witness P.W. 2 furnish any corroboration by any other independent or impartial evidence. 44. The word "corroboration" is derived from the Latin word "r......n, 1995; Sections: 5(অ) 5(ঈ), 5(ক)& 5(ঙ) It is true that crime like acid throwing is shocking in nature and also, revolting. The crime is against society and humanity, but the prosecution convicted the accused merely on suspicion that the accused committed such crime. There c..Category: Evidence Law, Women and Children | Date: 16 Apr, 2014 | Hits: 17
State Vs. Shajahan Bepari and others, 2014, 43 CLC (HCD)
....e is directed to dispose of the case within six months from date. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 140 ...... was to whip up the prosecution and to make the trial Court more active so as not to delay the trial of a case unnecessarily. The stopping of a case and the release of an accused would rouse the prosecution from its slumber and would necessarily subject it to accountability. The purpose was not..Category: Criminal Law, Procedural Law | Date: 3 Apr, 2014 | Hits: 3