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Bangladesh Legal Aid and Services Trust (BLAST) and others Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs, Dhaka and others, 2015, 44 CLC (AD)

....Respondent (In Criminal P. No.374 of 2011) Mahbubey Alam, Attorney General—For the Respondent (In all the Jail Petitions) Civil Appeal No.116 of 2010 (From the judgment and order dated 2.3.2010 passed by the High Court Division in Writ Petition No.8283 of 2005.) With C...... were missing and marks of injuries with emission of reddish liquid from her genital organ were found. The appellant was caught read handed by the people from Tepra and he was brought to the place of occurrence and before the witnesses, he had admitted the incident of rape and killing of the victim...

Category: Criminal Law, Women and Children | Date: 5 May, 2015 | Hits: 83

Bangladesh Legal Aid and Services Trust (BLAST) and others Vs. Shafiqul Islam & Others, 2015, 44 CLC (AD)

....spondent ((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 judgment and order dated Division in Writ Petition No.8283 of2.3.2010 passed by the High Court 2005.) With Cr...... were missing and marks of injuries with emission of reddish liquid from her genital organ were found. The appellant was caught read handed by the people from Tepra and he was brought to the place of occurrence and before the witnesses, he had admitted the incident of rape and killing of the victim...

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)

....sh;For the Respondent No. 2. Writ Petition No. 4912 of 2003 Judgment Mohammad Ullah J.— This Rule Nisi was issued calling upon the respondents to show cause as to why the notices dated 10-4-2003 issued under the signature of the respondent No. 4, Charge Officer and Assistant Set......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)

....nt. Khondaker Mahbub Hossain Senior Advocate instructed by M Ashrafuzzaman Khan, Advocate- on-Record—For Respondent. Criminal Appeal No.62 of 2007. (From the judgement and order dated 31-8-2005 passed by the High Court Division in Criminal Appeal No.2528 of 1997.) Judgment......as a long standing internal feud between the accused and P.W.7 Masuk Uddin and to the effect that the accused attempted to murder him (P.W.7) but he (P.W.7) narrowly escaped death, over the self-same occurrence a criminal case bearing GR Case No. Ill of 1991 was pending in the court of Additional Di..

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)

....been issued at the instance of the Petitioner calling upon the Respondents to show cause as to why the Notice for auction published in the daily "Inquilab" and "Bhorer Kagoj" both dated 24-1-2013 (Annexures T and 'F-l') shall not be declared to be without any lawful autho......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. ..

Category: Banking Law, Others | Date: 27 Apr, 2015 | Hits: 10

Hasina Ahmed Vs. State, 2015, 44 CLC (HCD)

....her husband has been out of trace. The petitioner did not make any written complaint to that effect. On the basis of oral information, the Officer-in-Charge made a General Diary (GD) being GD No. 634 dated 11-3-2015 and immedi­ately visited the place of occurrence and also con­ducted primary......make any written complaint to that effect. On the basis of oral information, the Officer-in-Charge made a General Diary (GD) being GD No. 634 dated 11-3-2015 and immedi­ately visited the place of occurrence and also con­ducted primary inquiry. Thereafter, he made another GD Entry being GD No..

Category: Criminal Law, Procedural Law | Date: 20 Apr, 2015 | Hits: 2

Moinuddin Hasan Rashid Vs. Registrar, Joint Stock Com¬panies and Firms and another, 2015, 44 CLC (HCD)

....2-2013. Accordingly, by prescription in section 81(1) of the Act it was incumbent upon the Company to hold the 7th AGM no later than 28-5-2014 i.e. within a period of fifteen months computed from the date of the 6th AGM. However, citing inadvertence in so duly holding the 7th AGM and attributing the......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   ..

Category: Company Law | Date: 15 Apr, 2015 | Hits: 7

Muhammad Kamaruzzaman Vs. The Government of Bangladesh, 2015, 44 CLC (AD)

....e context of the 1971 war, g defence could in fact discredit the veracity of P.W.3’s deposition as in (i) cross examination that P.W. stated that the date of occurrence of Charge No.3 was late October, 1971 although the actual date was May, 1971 (ii)......t of the 1971 war, g defence could in fact discredit the veracity of P.W.3’s deposition as in (i) cross examination that P.W. stated that the date of occurrence of Charge No.3 was late October, 1971 although the actual date was May, 1971 (ii) that th..

Category: Criminal Law, International Crimes Tribunal Law | Date: 5 Apr, 2015 | Hits: 60

Ananda Shipyard & Slipways Limited Vs. Commissioner Customs Bond Commissionerate, Dhaka, 2015, 44 CLC (HCD)

....stry and warehoused in any special bonded warehouse or in any hundred percent export oriented industry, may remain in such warehouse or industry for a period not exceeding forty eight months from the date of warehousing. The cus­toms authority may legally demand the amount of duties, taxes, etc.......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   ..

Category: Fiscal/Taxation Law | Date: 2 Apr, 2015 | Hits: 0

Asek Elahi Vs. Jalal Ahmedand others, 2012, 41 CLC (AD)

....he transaction was a mortgage by conditional sale within the meaning of section 58(c) of the Transfer of property Act and the period of limitation for redemption of such mortgage is 60 years from the date of expiry of years from 21 April 1941. The suit is, therefore, not barred by limitation or in t......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

Nurul Huda (Md.) Vs. State, represented by the DC, Lalmonirhat, 2015, 44 CLC (AD)

....lant. Biswajit Deb Nath, Deputy Attorney-General instructed by Mahmuda Begum, Advocate-on-Record— For the Respondent. Criminal Appeal No. 59 of 2009. (From the judgment and order dated the 4th day of October, 2007 passed by the High Court Division in Criminal Appeal No.158 of 20......to which he also pleaded not guilty and claimed to be tried. 3. The case of the prosecution as stated by P.W.1, the informant, (hereinafter referred to as the P.W.) was that two years before the occurrence (the occurrence took place on 26-8-2000), his daughter, Sabina Yasmin Rumi, was given in ..

Category: Criminal Law, Women and Children | Date: 8 Mar, 2015 | Hits: 18

Hafizur Rahman Nafor Vs. Secretary, Ministry of Home Affairs and others, Secretary, Ministry of Home Affairs and others, 2015, 44 CLC (HCD)

....f the Consti­tution of the People's Republic of Bangladesh filed by the petitioner, a Rule Nisi was issued calling upon the respondents to show cause as to why the Memo No.JM Gha-2/95/416(85) dated 14-5-2001 issued by the respondent No.2 so far as it relates to serial No. 8 cancelling the pe......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   ..

Category: Constitutional Law | Date: 2 Mar, 2015 | Hits: 23

Sarker and other Vs. Md. Nasibuddin and others, 2015, 44 CLC (AD)

....Kliurshid Alam Khan, Advocate, instructed by Gias Uddin Ahmed, Advocate-on-Record—for the Respondents. Civil Petition for Leave to Appeal No. 489 of 2015. (From the judgment and order dated 8-9-2014 passed by the High Court Division in Civil Revision No.107 of 2000.) Judgment ......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

Ramjan Ali Tarafder (Md.) Vs. Bangladesh and others, 2015, 44 CLC (HCD)

.... "Let a Rule Nisi be issued calling upon the respondent No.1 to show cause as to why the Notice for auction under section 12 of the Artha Rin Adalat Ain, 2003 published in the Daily Bhorer Dak dated 10-2-2011 (Annexure-A) and subsequent sale of the property vide registered sale deed No. 2092 ......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. ..

Category: Banking Law | Date: 22 Feb, 2015 | Hits: 7

Ali Haider Chowdhury Vs. State, represented by the DC, Dhaka and another, 2015, 44 CLC (AD)

..... Aftab Hossain, Advocate-on-Record—For the Petitioner. None Represented—Respondents. Criminal Petition for Leave to Appeal No. 151 of 2013. (From the judgment and order dated 8-11-2012 passed by the High Court Division in Criminal Miscellaneous Case No. 20499 of 2009) ......eave petition­er, submits that the petitioner was not named in the FIR and that none of the witnesses in their statements under section 161 of the Code of Criminal Procedure implicated him in the occurrence and, as such, the impugned judg­ment should be set-aside. He further submits that the..

Category: Criminal Law | Date: 11 Feb, 2015 | Hits: 16

Shamvunath Karmaker and another Vs. State and another, 2015, 44 CLC (HCD)

....oner, Sree Shamvunath Karmaker and another calling upon the opposite parties to show cause as to why the proceedings in Special Case No. 2 of 2009 arising out of Panch-bibi Police Station Case No. 11 dated 16-10-2008 corresponding to GR No. 320 of 2008 (Panch) under sections 5(2) of the Prevention o......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 ..

Category: Anti-Corruption Laws, Procedural Law | Date: 10 Feb, 2015 | Hits: 4

Sohan Kumar Agarwala Vs. Assistant Registrar, Department of Patents Designs and Trade Marks and another, 2015, 44 CLC (AD)

....nabish, Advocate-on-Record—For Respondent No. 2. None Represented—For the Respondent No. 1. Civil Petition for Leave to Appeal No.1004 of 2011. (From the judgment and order dated the 23rd day of January, 2011 passed by the High Court Division in Trade Mark Appeal No.3 of 2......tions made hereinbe­fore. We make it very clear that the Registrar himself shall hear and dispose of the matter. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 213.   ..

Category: Intellectual Property Law | Date: 9 Feb, 2015 | Hits: 20

Jahirul Haque and another Vs. State, 2015, 44 CLC (AD)

....swajit Deb Nath, Deputy Attorney-General (appeared with the leave of the Court)—For the Respondent. Criminal Petition for Leave to Appeal No. 210 of 2012. (From the judgment and order dated 15-12-2011 passed by the High Court Division in Criminal Appeal No. 1780 of 2004.) Judgme...... appearing on behalf of the petitioners, submits that admittedly the petitioners were severely injured and the people, assaulting the petitioner Billal, broke his left leg for commis­sion of such occurrence. He further submits that out of 10 years sentence the petitioners have suffered two years..

Category: Criminal Law | Date: 19 Jan, 2015 | Hits: 5

Star Vegetable Oils Limited, 195 Motijheel C/A, Dhaka Vs. The Commissioner of Taxes, Taxes Zone-03, Dhaka, 2015, 44 CLV (HCD)

....pellate authority was erroneously treated by the two appellate authority as time barred. Because the first appellate authority as well as Taxes Appellate Tribunal did not consider the issue as to the date of service of the assessment order upon the Assessee-applicant, which was compulsorily required......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:     ..

Category: Fiscal/Taxation Law | Date: 14 Jan, 2015 | Hits: 1

Islami Bank Bangladesh Limited, Head Office-40, Dilkusha C/A, Dhaka-1000 Vs. The Commissioner of Taxes, Audit Wing, Large Taxpayer’s Unit, Dhaka, 2015, 44 CLC (HCD)

....pplications have been heard together and are being disposed of by this common judgment. 2. Income Tax Reference Application No. 20 of 2005 (assessment year 2003-2004) has arisen out of the order dated 25.10.2004 passed by the Taxes Appellate Tribunal, Division Bench-3, Dhaka (the Tribunal, in s...... 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