Search Options
Judgment Advanced Search
Displaying 21-40 of 3784 results.
....he sentence of the condemned prisoner to be unlawful. It was observed that the provision of mandatory death penalty is ultra-vires the Constitution, inasmuch as, when the legislature prescribes any punishment as mandatory, the hands of the Court become a simple rubberstamp of the legislature a......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:
......ls 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 similarity of expressions or concepts in an alien ju..
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)
....vocate appearing on behalf of the petitioners upon placing the relevant provisions of the rules incorporated under Chapter VII of the Rules, 1955 submits that the Appellate Officer has not been given any power whatsoever to rehear the appeal cases under rule 31 of the Rules, 1955 which had earlier b......f rules, 32, 33 and 34 of the Rules, 1955 and, as such, the Revenue Officer with the additional designation of Settlement Officer can invoke the jurisdiction to initiate a proceeding afresh from such stage as he may direct under rule 42 of the Rules, 1955. 10. Mr. Manzill Murshid, learned Advoc......ng the legality and propriety of the notices of hearing of the appeal cases as issued by the respondent No. 4. At the time of issuance of the Rule this Court vide order dated 20-7-2003 stayed further proceedings of the appeal cases No. 62948 to 62951 all of 2002 then pending before the respondent No..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)
.... Purchaser Acquired a Legal Right as Auction Purchaser for Valuable Consideration— Once the auction is complete no relief is available against such auction sale but the mortgagor any proceed against the mortgagee bank for compensation if it is proved that there was illegality in......haser of the property with value. He paid Taka 1, 25, 10,000 as consideration for the property and accordingly got Sale Certificate registered and delivery of possession of the property. At this stage the present application is not at all maintainable. It is also stated that to get the auction ......nd without lawful authority. It appears that the mortgaged property is covered by CS and SA plot No.120. But the said plot was not mentioned in the Deed of Mortgage as well as in the Artha Rin Adalat proceedings. This Court do not disagree with the submission of the learned Counsel for the Petitione..Category: Banking Law, Others | Date: 27 Apr, 2015 | Hits: 10
Anti-Corruption Commission Vs. A.A.M Habibur Rah¬man and anothers, 2015, 44 CLC (AD)
....continuance 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-s......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 ......ceeding 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-sheeted accused when the pri..Category: Anti-Corruption Laws, Criminal Law | Date: 12 Apr, 2015 | Hits: 8
Mafruza Sultana Vs. State and another, 2015, 44 CLC (AD)
....ed to 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. Accu......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 ......t even after the observation of the High Court Division, the Anti-Corruption Commissioner did not make them accused in the case and as such, for violation of the observation of this Court, the entire proceeding should be quashed. He further submits that the High Court Division failed to appreciate t..Category: Criminal Law | Date: 12 Apr, 2015 | Hits: 19
Muhammad Kamaruzzaman Vs. The Government of Bangladesh, 2015, 44 CLC (AD)
....g. In the case of Abdul Quader Molla Vs. The Chief Prosecutor, it was held that because of the protective provisions power of the Appellate Division may be invoked only when there does not exist any other provision and that this Division can invoke its inherent powers, not curtailed by Article ......excluded by the Act. 30. The allegation as to P.Ws. 11, 12 and 13’s knowledge of the petitioner’s identity is also not something new, but has been exhaustively examined at the appeal stage. This was based on a finding of fact. We do not find any error apparent on this count. 31......, 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
Asek Elahi Vs. Jalal Ahmedand others, 2012, 41 CLC (AD)
....s to effect a sale, the transaction will not be regarded as a mortgage. It comes that a transaction in which the stipulation for repurchase is contained in a separate document cannot be a mortgage of any kind because it cannot fall under any other category of mortgage as per the provisions of the Tr......operty whatever its value was forfeited in case of non payment. This was followed by 'pignus' which was a transfer not of ownership but of possession without liability to forfeiture. Then the stage is the 'hypotheca', a form of pledge without delivery of possession under which the cr......a dated 24-6-1967 for a consideration of Taka 2,000. On the same date he executed a. registered agreement to reconvey the kabala if the consideration money was repaid within 4 years from that date. A proceeding started by the appellant under the Act, 1950 for redemption of the kabala land vide Misce..Category: Property Law | Date: 14 Mar, 2015 | Hits: 45
Aminul Karim (Md.) Vs. Government of Bangladesh and others, 2015, 44 CLC (HCD)
....ppears—For the Petitioner. SM Kafil Uddin, Advocate—For the Respondent No. 3-Bank. When Writ petition heard on merit without hearing the petitioner— If in any particular case the ratio decidendl of Appellate Division applies directly or where the case in ......ing to send the same to Double Mooring Police Station to treat the petition as FIR and Police Station sent the same to the Court being Double Mooring Police Station Case No. 12 of 2013. It is at this stage the petitioner who is also an accused in the aforesaid two criminal cases moved this Division ...... instance of the petitioner, Md. Aminul Karim, this Rule Nisi was issued in the following terms: "Let a Rule Nisi be issued calling upon the respondents to show cause as to why the impugned proceeding of Sessions Case No. 2452 of 2013 arising out of CR Case No.781 of 2013 under sections 13..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)
.... State, represented by the DC, Lalmonirhat ..........Respondent Judgment March 8, 2015. Result: The appeal is allowed in part. Clause (ka) of section 11 does not speak of any hurt grievous or simple, it has prescribed two kinds of punishments (i) sentence of death if any...... life would have happened, because the very fact that the accused gave birth to a child at 3 o' clock in the night following the date of occurrence, prima facie, shows that she was at the advance stage of her pregnancy, though she did not say in her testimony about the period of her pregnancy. T......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. ..Category: Criminal Law, Women and Children | Date: 8 Mar, 2015 | Hits: 18
Sarker and other Vs. Md. Nasibuddin and others, 2015, 44 CLC (AD)
....tration of the disputed deed under section 60 of the Registration Act on 25-1-1975 and thereafter by adducing evidence, they proved their date of knowledge. In such view of the matter, we do not find any wrong in the judgment and order of the High Court Division that the pre-emptors had filed their ......f of the petitioner, submits that earlier the pre-emptors instituted the preemption case No.731 of 1973 against the impugned deed but the same was withdrawn since the same was filed at the prematured stage as deed, in question, was not registered under section 60 of the Registration Act at that time......ed time from the date of knowledge of the registration of the sale deed. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 210. ..Category: Civil Law, Tenancy Law | Date: 1 Mar, 2015 | Hits: 24
....elf-explanatory that he has never appeared or surrendered to the jurisdiction of the Court. He was fugitive from justice.
3. It is a settled point that a fugitive from justice is not entitled to any relief from a Court of law unless he surrenders to the jurisdiction of the Court. He canno......t cannot quash a proceeding. The judgment of the High Court Division is set-aside.
This petition is accordingly disposed of.
Ed.
This Case is also Reported in: 20 BLC (AD) (2015) 176
......No. 2024 of 2009).
Order
Surendra Kumar Sinha CJ.- This petition at the instance of Durnity Daman Commission is from a judgment of the High Court Division which has quashed the proceeding of Special Case No. 2 of 2008, so far its relates to the respondent M Sahabuddin Ahmed pe..
Category: Constitutional Law | Date: 19 Feb, 2015 | Hits: 9
Mosharaf Hossain (Md.) Vs. Bangladesh and others, 2015, 44 CLC (HCD)
....ed. In other words, it recognizes the mandatory nature of the 1st auction in view of subsections (1), (2), 2(Ka), 2(Kha), 2(Ga) and (3). Thus, once the 1st auction is done and it fails for any reason, the decree-holder bank will be at liberty to either proceed for the 2nd auction and......d 24-11-2011, allowed the application filed by the bank conferring title of the mortgaged properties upon it and fixed 28-11-2011 for presentation and preparation of certificate of sale. At this stage, the petitioner moved this Court and obtained the aforesaid Rule. At the time of issuance of t......4) and (5), the decree holder will be at liberty to file an application for conferment of title on it by the Adalat, and once such application is made, the Adalat will even refrain from following the proceedings under subsections (4) and (5) and will confer such title on "the decree holder..Category: Administrative Law, Others | Date: 17 Feb, 2015 | Hits: 4
Ali Haider Chowdhury Vs. State, represented by the DC, Dhaka and another, 2015, 44 CLC (AD)
....ed property had been disclosed against him in the materials collected by the prosecution. By taking evidence the trial Court has to resolve disputed questions of fact whether petitioner had any role in the illegal transaction or whether he abetted the principal accused in manipul...... proper appreciation of law and fact do not call for interference. Accordingly, this criminal petition is dismissed. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 147. ...... 2. The leave-petitioner herein, Ali Haider Chowdhury, filed an application before the High Court Division under section 561A of the Code of Criminal Procedure with a view to quashing the impugned proceeding of Special Case No. 23 of 2007 arising out of ACC GR No. 25 of 2007 corresponding to Moti..Category: Criminal Law | Date: 11 Feb, 2015 | Hits: 16
Shamvunath Karmaker and another Vs. State and another, 2015, 44 CLC (HCD)
....ঁদ 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......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 ......fence mentioned in the schedule of the Act, 2004 has not been barred by Rule 16 but when the assistance is sought from the Anti-Corruption Commission it is bound to prepare and to conduct a proceeding...... (19 & 20) Case Referred to- A. Mirzazada Vs. The Crown, PLD 1956 (WP)..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 ......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 ......r. Ajmalul Hossain, learned counsel appearing on behalf of the respondent submits that there is nexus between the offences punishable under sections 26(2) and 27(1) of the Ain, 2004 and unless a proceeding is taken under section 26 of the Ain, no proceeding can be initiated under section 27 of ..Category: Criminal Law | Date: 2 Feb, 2015 | Hits: 11
....hellip;…… (17)
The Income Tax Ordinance, 1984 (Ordinance No. XXXVI of 1984)
Sections 2(45) and 2(58)
The Income Tax Rules, 1984; Rule 33(1)
Perquisites includes any sum payable by the employer, whether directly or indirectly, to effect a contract for an annuity......rs under consideration nor it can be used for getting any benefit on income tax.
(iv) the Guideline was neither in force nor was placed before the Tribunal for its consideration in the appellate stage.
(v) Zakat is a personal liability of the owners share-holders of the bank and it cannot ...... 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:
..
Category: Fiscal/Taxation Law | Date: 11 Jan, 2015 | Hits: 1
Islami Bank Bangladesh Limited Vs. Commissioner of Taxes, 2015, 44 CLC (HCD)
....nnecessary repetition, the facts of the cases are summarized together as under:- The assessee-applicant—Islami 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 a......rs under consideration nor it can be used for getting any benefit on income tax. (iv) the Guideline was neither in force nor was placed before the Tribunal for its consideration in the appellate stage. (v) Zakat is a personal liability of the owners share-holders of the bank and it cannot ......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: ..Category: Fiscal/Taxation Law | Date: 11 Jan, 2015 | Hits: 58
Singer Bangladesh Ltd Vs. National Board of Bangladesh, 2014, 43 CLC (HCD)
..... The local audit directorate can authoritatively look into the papers and documents of the NBR 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 b......copy of this judgment be sent to the office of the Comptroller and Auditor General for future reference and guidance. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 73 ......nstitution filed by the petitioner Singer Bangladesh Limited, the Rule was issued in the following terms: "Let a Rule Nisi be issued calling upon the respondents to show cause as to why the proceeding vide Order under Nothi No. 8/dated 18-4-2010 (Annexure-D) by the respondent No.3 rejectin..Category: Constitutional Law, Fiscal/Taxation Law | Date: 15 Dec, 2014 | Hits: 5
Ferdous Ara Zainul Vs. Mahmuda Khatun and others, 2014, 43 CLC (HCD)
....defendant is not made a party namely, defendant No. 8, this plaintiff shall suffer irreparable loss and injury whereas, in contrast, the said struck out plaintiff would not be prejudiced in any way if he is impleaded as the proposed defendant. By making the aforesaid submissions the learne......ing evidence within this time but instead of assisting the learned trial Court in adjudication upon the suit, the mere attempt of approaching by defendant No.1 seeking rejection of the plaint at this stage does not appear to be a bonafide step. This Court has discouraged the above kind of move in a ......the date of receipt of this order, without allowing any application for adjournment if filed by any of the parties to the suit. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 149. ..Category: Civil Law, Procedural Law | Date: 11 Dec, 2014 | Hits: 19
Sonali Bank Limited Vs. UT Garments Limited and others, 2014, 43 CLC (HCD)
....ing court cannot go beyond the decree.... (18) Artha Rin Adalat shall follow and apply the Code as a Civil Court in exercising its jurisdiction, powers and functions while adjudicating any dispute between the parties before it including execution of its decree insofar as it is not inc...... In the result, the rule is discharged without any order as to costs. Communicate this order at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 265. ......suit was decreed and subsequently decree was put into execution. Defendant Nos.3 and 5, who was impleaded as director of the Company, filed application for striking out their names from original proceeding. By the impugned order learned Judge strikeout the name of defendant Nos. 3 and 5 from ex..Category: Banking Law | Date: 4 Dec, 2014 | Hits: 4
89269682960495659155892589769659915691669161959189859608898696718866957595849601