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.... acts when their demand for dowry of a motorbike or a coloured television is not met by the victims. Sometimes they demand cash for going abroad. They torture them to death as a tool to justify their claim. This apart, having regard to the variety of the social upbringing of the citizens, to the dis......of 2010)
Mr. Mahbubey Alam, Attorney General, instructed by Mrs. Mahmuda Begum, Advocate-on-Record- For the Respondent ((In Criminal Petition No.374 of 2011)
Mahbubey Alam, Attorney General for the Respondent (In all the Jail Petitions)
Civil appeal no.116 of 2010.
(From the judg......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
Rukunuddin Mollah (Md.) and others Vs. Artha Rin Adalat 2nd Court and others, 2015, 44 CLC (HCD)
...., the Touzi number, Khatian number, quantum of land and the boundaries are same, only plot number left out. It is true that the Petitioners did not deny the identity of the mortgaged property or claim that the property sold in auction are not the property mortgaged by the mortgagors. But o......d others.....................Respondents Judgment April 27, 2015. Result: The Rule is discharged. The Auction Purchaser Acquired a Legal Right as Auction Purchaser for Valuable Consideration— Once the auction is complete no relief is available against s......n execution proceeding. To get the sale set aside the judgment debtor has two options under rules 89 and 90 of Order 21 of the Code. Rule 89 gives a right to have the sale set aside on deposit of bid money with 5% interest thereon within 30 days of the sale held. Rule 90 of Order 21 on the other han..Category: Banking Law, Others | Date: 27 Apr, 2015 | Hits: 10
....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
......
Writ Petition No. 7647 of 2013.
Judgment
Syed Refaat Ahmed J.— This is an Application under section 81(2) read with section 85(3) of the Companies Act, 1994 ("the Act") for condonation of delay in holding the 7th Annual-General Meeting ("AGM") of United ......39;s shares under the Book-Building Method. It is asserted that since the Ells, in the facts and circumstances, have already purchased 40% of the Company's IPO shares and deposited 20% of the bid money, they have had a right secured to them on the earnings of the Company from the year 2013 and b..
Category: Company Law | Date: 15 Apr, 2015 | Hits: 7
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 ......d by Mahmuda Begum, Advocate-on-Record—For Respondent No.1 . Khurshid Alam Khan, Advocate, instructed by Mahmuda Begum, Advocate-on-Record—For Respondent No.2. Criminal Petition for Leave to Appeal No.186 of 2014. (From the judgment and order dated 20-2-2014 passed by the...... transferred 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,..Category: Criminal Law | Date: 12 Apr, 2015 | Hits: 19
Muhammad Kamaruzzaman Vs. The Government of Bangladesh, 2015, 44 CLC (AD)
.... it could not be true that the petitioner is guilty of rape in charge No.3 as no charge for rape as Crimes Against Humanity was framed against him, v the claim that Exhibit –A (published in February, 2012), which recorded the events of the charge N...... statutory provisions. As the doctrine of stare decisis does not bind this Division under Article 111 of the Constitution, a review petitioner can not invoke that doctrine. There are authorities for the proposition that fresh evidence, which has bearing on the event under consideration, but des......r. II. Motive for commission of murder When the murder is committed for a motive which evinces total depravity and meanness. For instance when (a) a hired assassin commits murder for the sake of money or reward (b) a cold-blooded murder is committed with a deliberate design in order to inherit ..Category: Criminal Law, International Crimes Tribunal Law | Date: 5 Apr, 2015 | Hits: 60
Asek Elahi Vs. Jalal Ahmedand others, 2012, 41 CLC (AD)
....p sum, and without interest, the whole amount specified above, I shall accept the same, and cancel this valid sale.......". After 50 years of the deed the suit was filed on behalf of the vendors claiming to redeem the property on payment of the Rs.4, 000. The defendant claimed that it was an ab........................Respondents Judgment March 14, 2012. Result: The appeal is dismissed. Sections 95 and 95A are special laws promulgated for the protection of poor tenants, maliks or raiyats from the clutches of the moneyed men or ex-lan...... March 14, 2012. Result: The appeal is dismissed. Sections 95 and 95A are special laws promulgated for the protection of poor tenants, maliks or raiyats from the clutches of the moneyed men or ex-landlords for restoration of mortgaged property in a summary manner without the in..Category: Property Law | Date: 14 Mar, 2015 | Hits: 45
Aminul Karim (Md.) Vs. Government of Bangladesh and others, 2015, 44 CLC (HCD)
....eferred to as Adalat) for recovery of loan which was sanctioned earlier in favour of the company. The petitioner himself was impleaded as defendant No.2 in the suit. The suit was instituted claiming Taka 45,93,80,103 which includes full amount of loan and interest. 3. It has been furt......oceed simultaneously….. .(9) There is nothing in law precluding a criminal case on account of a civil suit pending against the petitioners on the same facts. The criminal case stands for the offence, while the civil suit is for realization of money. Both can stand together.......(12...... law precluding a criminal case on account of a civil suit pending against the petitioners on the same facts. The criminal case stands for the offence, while the civil suit is for realization of money. Both can stand together.......(12) Recovery of Loan Amount— A close reading o..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)
.... Shishu Nirjatan Bishesh Mamla (Nari-o-Shishu) No.147 of 2000 and was charged under section 11 (ka) of the Nari-o-Shishu Nirjatan Daman Ain, 2000 (the Ain, 2000) to which he pleaded not guilty and claimed to be tried. The co-accused (Amanath Ullah Fakir, since acquitted) was charged under section...... 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 anyone causes the death of a ‘নারী’ for dowry and (ii) imprisonment for life if anyone attempts to cause death of a ‘নারী&...... sent his daughter to the house of the accused. Sometime thereafter, the accused again tortured his daughter for dowry and sent her to his (the P.W.) house. Thereafter, the P.W., after arranging some money, on 25-8-2000, had called for the accused through his sons, they came to his house in the morn..Category: Criminal Law, Women and Children | Date: 8 Mar, 2015 | Hits: 18
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. ......bsp; Result: The Rule is discharged. Artha Rin Adalat Ain (VIII of 2003); Sections 12 & 33(2) The compliance of provision of section 33(2) of Ain for the purpose of section 12 of the Ain even when read with subsection 4, is not at all mandat......impugned against and other materials on record mainly argued that the respondent bank published the auction notice in Daily Bhorer Dak on 10-2-2011 fixing 27-2-2011 for auction asking for 20% earnest money to be deposited at the time of submitting the bid also allowing 30 days time for submitting re..Category: Banking Law | Date: 22 Feb, 2015 | Hits: 7
....itive 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 cannot claim fundamental rights enshrined in part III of the constitution. The High Court Division thus mad......d by Sufia Khatun, Advocate-on-Record—For the Petitioner.
Md. Shahed Alam, dvocate-on-Record, instructed by Md. Nawab Ali, Advocate-on-Record—For the Respondents.
Civil Petition for Leave to Appeal No. 3414 of 2014.
(From the Judgment Order dated 22-10-2014 passed by the H......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
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Category: Constitutional Law | Date: 19 Feb, 2015 | Hits: 9
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 ......e entire section 33. This means, once the right to enjoyment and possession of the mortgaged property is conferred on the decree holder, it will be at liberty to even immediately apply for conferment of title under sub-section (7). In which case, it will not be obligatory on it t......gaged property, again in accordance with the provisions mentioned in sub-sections (1),(2), (2Ka), (2Kha), (2Ga), (3) and (4) of section 33. Sub-section (6), however, provides that if excess money is realized through such auction sale, the decree-holder will refund the same to the judgment ..Category: Administrative Law, Others | Date: 17 Feb, 2015 | Hits: 4
....plicant filed its income tax return for the assessment year 2005-2006 under TIN. 269-200-0755/Co.-9 disclosing a loss of Tk. 1,05,63,870.00. But the DCT concern disbelieved the genuinity of different claimed expenditure and invoked its power available under the provision of section 35(4) of the Inco......t
Vs.
The Commissioner of Taxes, Taxes Zone-03, Dhaka..………………....Respondent
Judgment
January 14, 2015
Result:
The question formulated for determination is answered in the negative and in favour of assessee.
The 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:
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Category: Fiscal/Taxation Law | Date: 14 Jan, 2015 | Hits: 1
....nbsp;did not comply the provision of section 83(2) of the Income Tax Ordinance 1984 while writing the assessment order, although the DCT concern felt inadequacy of evidence as to the genuinity of the claimed incurred expenditure, which mandates him to serve a further notice upon the Assessee-applica......agar, (6th floor). Dhaka, Bangladesh.…………………………Respondent
Judgment
January 12, 2015
Result:
The question formulated for determination is answered in the negative and in favour of assessee.
Questi......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:
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Category: Fiscal/Taxation Law | Date: 12 Jan, 2015 | Hits: 1
....he result, the Income Tax Reference Application is rejected.
However, there shall be no order as to costs.
Md. Emdadul Haque Azad, J: I agree.
Ed.
This Case is also Reported in:
......ed.
Lawyers Involved:
Shaikat Basu, AAG with Nasrin Parvin, AAG—For I.T. Department.
Sarder Jinnat Ali, with Md. Delowar Hossain—For the Assessee-respondent
Questions formulated for determination:
Whether on the facts and in the circumstances of the case the Ta......he result, the Income Tax Reference Application is rejected.
However, there shall be no order as to costs.
Md. Emdadul Haque Azad, J: I agree.
Ed.
This Case is also Reported in:
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Category: Fiscal/Taxation Law | Date: 7 Jan, 2015 | Hits: 1
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: ...... Judgment December 24, 2014 Result: The twelve Income Tax Reference Applications are allowed answering the question in negative and in favour of the assessee-applicant. Questions formulated for determination: 1. Whether in the facts and circumstances of the case the Tribun...... Applicant and upholding the DCT’s finding that surplus of the Applicant’s income over expenditure which was neither used for charitable purposes during the year not set apart and project money lent out and taken back along with interest amounting to Tk. 67, 75, 20,570.00 were not used f..Category: Fiscal/Taxation Law | Date: 24 Dec, 2014 | Hits: 0
....rence Application that the Assessee-applicant, being admittedly a leasing company, submitted its income tax return under TIN 210-200-5100/LTU, Dhaka, for the assessment year 2009-2010, wherein it has claimed an expenditure at an amount of Tk. 47,12,80,615.00 as payment of interest on term deposit. B......
Vs.
The Commissioner of Taxes, Taxes Zone-LTU, Dhaka……………….....Respondent
Judgment
December 15, 2014
Result:
The question formulated for determination is answered in the negative and in favour of assessee.
Questi......00, but the Assessee-applicant deducted Tk. 4.15.16.329.00 being less than the statutory liability and the rest amount having not been deducted, the DCT concern disallowed the corresponding amount of money to tune of Tk. 5,61,17,329.00 and added back the same with the income of the Assessee-applican..
Category: Fiscal/Taxation Law | Date: 15 Dec, 2014 | Hits: 1
.... the DCT concern to allow a portion of the same expenditure under the provision of rule 65 of the Income Tax Rules, 1984. Whereas he Assessee-applicant is entitled under the rule 65 to claim the free sample distribution as expenditure upon some slab, but the DCT concern without m......grabad, Chittagong, Bangladesh.………………....................................Respondent
Judgment
December 15, 2014
Result:
The questions formulated for determination are answered in the negative and in favour of assessee.
Quest......ed in negative and in favour of the Assessee-applicant.
However, there shall be no order as to costs.
Md. Emdadul Haque Azad J: I agree.
Ed.
This Case is also Reported in:
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Category: Fiscal/Taxation Law | Date: 15 Dec, 2014 | Hits: 1
Singer Bangladesh Ltd Vs. National Board of Bangladesh, 2014, 43 CLC (HCD)
....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 ...... authoritatively look into the papers and documents of the NBR— Local and Revenue Audit Directorate is internally set up by and under the authority of Comptroller and Auditor-General for the purpose of conducting audit as required under Article 128 of the Constitution. The local aud......s specific sums for specific works and services. It is the duty of the Comptroller and Auditor-General to examine and ensure that the administration does not exceed the approved sum and has spent the money for the works and services for which it was approved by Parliament. He is responsible for havi..Category: Constitutional Law, Fiscal/Taxation Law | Date: 15 Dec, 2014 | Hits: 5
....aser, it has been stated that the auction purchaser has been possessing the suit land and constructed a boundary wall surrounding the same. However, they did not file any document supporting the claim as to possession. So, we find a prima facie case in favour of the plaintiff-appellants in resp...... in section 12(8) does not override sections 12(1) and 12(3). This protection is only available when the bank has the legal right to sell the mortgaged property. ..(31)
Continuing Guarantee for Series of Transactions—
Section 129 of the Contract Act, 1872 defines continuing guar......onvenience are in favour of the plaintiff-appellants and if an order of injunction is not granted the plaintiff-appellants would suffer irreparable loss and injury which cannot be compensated in money.
13. On the other hand, Mr. Md. Kamrul Alam, the learned Advocate for the defendant-respo..
Category: Constitutional Law, Contract Law | Date: 11 Dec, 2014 | Hits: 8
Ferdous Ara Zainul Vs. Mahmuda Khatun and others, 2014, 43 CLC (HCD)
....s defendant No. 8 would be merely an abuse of process of the Court. It is contended that opposite party No. 7 has been possessing the suit land since purchasing the same and plaintiff's claim of possession on the suit land is concocted. It is further contended that though the plaintiff......ite parties to show cause as to why the impugned judgment and order dated 23-7-.2012 passed by the learned Joint District Judge, 3 Court, Dhaka in Title Suit No.2447 of 2008 rejecting the application for addition of party under Order I, rule 10(2) read with section 151 of the Code of Civil Proc...... stated in a nutshell. 3. On 6-6-2008 the petitioner as plaintiff No. 2 conjointly with plaintiff No. 1 filed the Title Su it No. 2447 of 2008 for confirmation of possession, realization of money and for permanent as well as mandatory injunction impleading opposite party Nos. 1-7 as defend..Category: Civil Law, Procedural Law | Date: 11 Dec, 2014 | Hits: 19
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