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.... 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:
......uo;31. To enjoy the protection of the law, and to be treated in accordance with law, and only in accordance with law, is the inalienable right of every citizen, wherever he may be, and of every other person for the time being within Bangladesh, and in particular no action detrimental to the life, li..
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:
......uo;31. To enjoy the protection of the law, and to be treated in accordance with law, and only in accordance with law, is the inalienable right of every citizen, wherever he may be, and of every other person for the time being within Bangladesh, and in particular no action detrimental to the life, li..
Category: Criminal Law, Women and Children | Date: 5 May, 2015 | Hits: 86
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 ...... 22-30 hours with the Golapgonj Police Station and the same was recorded as Golapgonj Police Station Case No.2 dated 4-2-1992. 4. The police after investigation submitted charge-sheet against 34 persons including the respondents. 5. The accused were put on trial in the Court of learned Add..Category: Criminal Law, Procedural Law | Date: 29 Apr, 2015 | Hits: 10
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. ......and disallowed, the court shall make an order confirming the sale and thereupon the sale shall become absolute and the court shall grant a certificate specifying the property sold and the name of the person who at the time of sale was declared to be purchaser under rule 94 and the immovable property..Category: Banking Law, Others | Date: 27 Apr, 2015 | Hits: 10
Hasina Ahmed Vs. State, 2015, 44 CLC (HCD)
....that Salauddin Ahmed is not under their custody is not enough. In fact, Police should come up with some positive news about the whereabouts of Mr. Salauddin Ahmed.......(17) Necessity to Form an Inquiry Committee— Government may set up an inquiry committee in the interest o......er the custody of the opposite parties. The petitioner went to the Police Station and verbally made an allegation that on 10-3-2015 at 9-00 -10-00 PM, some persons introducing themselves as personnel of law enforcing agencies picked up her husband and since then her husband has been out of..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
...... with a dose of common sense prescribed by the Calcutta High Court in the Indian Spinning Mills Ltd. Vs. His Excellency Lt. General Madan reported in AIR 1953 Cal 355, and as exercisable by a prudent person of business, enables this Court to find that the delay in holding the 7th AGM for the year 20..
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 ......inuance of the proceeding would be abuse of the process of the court or that the ends of justice require that the proceeding ought to be quashed……(45) Non implicating any person as accused in a proceeding cannot be a ground for quashing the proceeding of the charge-sheet..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 ......o the account of the accused as a bribe to Hafiz Ibrahim for conduction of lobbing and helping Siemins to get a tender invited by the BTCL. Siemins admitted the said fact of giving money to many persons in Bangladesh in a criminal case, conducted in the District Court of Columbia, USA. Accused ..Category: Criminal Law | Date: 12 Apr, 2015 | Hits: 19
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: ....../4 months after the war ended, when he was walking in front of her house, although according to the prosecution he was in jail at that time, Golam Mostofa was targeted as he was a pro-liberation person, when in fact he was taking his examinations held by the occupation forces in violation of th..Category: Criminal Law, International Crimes Tribunal Law | Date: 5 Apr, 2015 | Hits: 60
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 ......vely of sub-section (1) of section 138 of the Act, 1881. As discussed above, an offence under section 138(1) of the Act, 1881 shall be deemed to have been committed when any cheque(s) drawn by a person on an account maintained by him with a banker for payment of any amount of money to another p..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. ......quo; for dowry and (ii) imprisonment for life if anyone attempts to cause death of a ‘নারী’ for dowry and in both the cases, fine has to be also imposed. So, in order to convict a person and to sentence him under clause-(ka) of section 11, there must be evidence that a person so ..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
...... In the Supplementary Affidavit dated 4-12-2014 filed on behalf of the petitioner, it has been averred that being jealous of the reputation of the petitioner and his family, some interested person lodged an ejahar with Muksudpiir Police Station against the petitioner and others on 26-7-199..
Category: Constitutional Law | Date: 2 Mar, 2015 | Hits: 23
Shamvunath Karmaker and another Vs. State and another, 2015, 44 CLC (HCD)
.... the Rules, 2007 which provides procedures for inquiry into any allegation once any case is under taken by the Commission. Rules 6 and 7 of the Rules, 2007 clearly provide the provision for such Inquiry and the Rules, 2007 provides how to make Inquiry and Investigation by the authorized pe...... মামলা (Trap Case) প্রস্তুত করিতে বা পরিচালনা করিতে পারিবেন।” There is no bar in catching red-handed any person by any law enforcing agency if the Commission has not been informed or assistance of Com..Category: Anti-Corruption Laws, Procedural Law | Date: 10 Feb, 2015 | Hits: 4
State Vs. Engineer Monjurui Ahsan Munshiand another, 2015, 44 CLC (AD)
....t afresh. The leave petitions are accordingly, disposed of with the above observations and directions. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 149 ......shy;ble in this case. 7. Moreso, the respondent was also found guilty under section 5(2) of Act II of 1947 and for prosecution of that offence no notice is required to be served upon the accused person. 8. The learned Special Judge convicted the respondents after assessing the evidence of ..Category: Criminal Law | Date: 2 Feb, 2015 | Hits: 11
....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:
......s;
Income Tax Ordinance 1984
Section 83(2): Assessment after hearing.—
(1)...…………..
(2) The Deputy Commissioner of Taxes shall, after hearing the person appearing, or considering the evidence produced in pursuance of the notice under sub-section ..
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:
......felt not being proved by adequate evidence..... The provision of section 83(2) is the protection to the assessee of Income Tax, since the DCT concern writes the assessment order in his personal time in the absence of the assessee or his authorized representative.....(12 and 17)
C..
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:
......sideration in the instant reference applications. Moreover, from the Guideline it is clear that it has not been mentioned anywhere that Zakat is to be paid by the banks;
(4) Zakat liability is a personal obligation of share- holders/owners of the banks professing the religion of Islam and it ca..
Category: Fiscal/Taxation Law | Date: 11 Jan, 2015 | Hits: 1
Islami Bank Bangladesh Limited Vs. Commissioner of Taxes, 2015, 44 CLC (HCD)
....Court of Bangladesh, is directed to take steps under section 161(2) of the Income Tax Ordinance, 1984. Md. Habibul Gani J.- I agree. This Case is also Reported in: ......sideration in the instant reference applications. Moreover, from the Guideline it is clear that it has not been mentioned anywhere that Zakat is to be paid by the banks; (4) Zakat liability is a personal obligation of share-holders/owners of the banks professing the religion of Islam and it can..Category: Fiscal/Taxation Law | Date: 11 Jan, 2015 | Hits: 58
Bangladesh Rural Advancement Committee (BRAC) Vs. Commissioner of Taxes, 2014, 43 CLC (HCD)
....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: ......ee (BRAC) 51 DLR (1999) 152. 3. Whether in the facts and circumstances of the case the Tribunal was justified in holding that the AJCT had overlooked the law as well as the fact that income of a person to be exempted under the provisions of paragraphs 1 and 2 of Part-A of the Sixth Schedule mus..Category: Fiscal/Taxation Law | Date: 24 Dec, 2014 | Hits: 0
....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:
......on of section 53F is reproduced below for better appreciation;
Income Tax Ordinance 1984
Section 53F. Deduction at source from interest on saving deposits and fixed deposits, etc.-
Any person responsible for to a resident any sum by way of interest on any saving deposits or fixed depo..
Category: Fiscal/Taxation Law | Date: 15 Dec, 2014 | Hits: 1
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