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Orascom Telecom Bangladesh Limited Vs. Kalipada Mridha and others, 2015, 44 CLC (AD)
....he first item is the National Anthem of Bangladesh. 4. Upon publication of the aforesaid advertisement, the writ-petitioner, as a patriotic citizen of the country, issued a notice demanding justice on 17-8-2006 addressed to the concerned Ministries for withdrawal, cancellation, revoca......d as expeditiously as possible. Accordingly, both the leave-petitions are disposed of with the above direction. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 292. ..Category: Constitutional Law | Date: 11 May, 2015 | Hits: 5
Sanjay Kumar Biswas Vs. State, 2015, 44 CLC (HCD)
....d the appellant stands accordingly acquitted. Communicate the order at once and send b the Lower Court Record. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 185. ......d the appellant stands accordingly acquitted. Communicate the order at once and send b the Lower Court Record. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 185. ..Category: Women and Children | Date: 5 May, 2015 | Hits: 3
....etion, even though it result in ‘ill- advised, unequal, and oppressive legislation remedies are not required by the 14th Amendment, nor the crudeness nor the impolicy nor even the injustice of state laws redressed by it.”
13. According to the learned counsel, though depr...... If an offender commits an offence which is punishable to death, who is unable to engage a defence lawyer, he is provided with a defence counsel at the cost of the State. He is also provided with all documents free of cost which are relevant for taking his defence before commencement of the trial. E..
Category: Criminal Law, Women and Children | Date: 5 May, 2015 | Hits: 83
....esult in ‘ill-advised, unequal, and oppressive legislation Exact wisdom and nice adaptation of remedies are not required by the 14th Amendment, nor the crudeness nor the impolicy nor even the injustice of state laws redressed by it.”
13. According to the learned counsel, though depr...... If an offender commits an offence which is punishable to death, who is unable to engage a defence lawyer, he is provided with a defence counsel at the cost of the State. He is also provided with all documents free of cost which are relevant for taking his defence before commencement of the trial. E..
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)
....een taken effect to. He also submits that the Executing Court empowered in law to correct any error or omission under sections 151 and 153 of the Code and section 57 of the Ain to secure ends of justice. There was no illegality in allowing the application filed under sections 151 and 153 of the......o mislead anybody. In the case of Shafiuddin Kazi alias Saflruddin Vs. Moslem Ali Howlader reported in 12 DLR (1960), 266, It was held that, "boundaries as well as area both are mentioned in the document. In case of difference between the two, boundaries to prevail " In the case of Darap A..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)
....r of exercising the inherent power by the High Court Division, the requirement is to see whether 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 implicatin......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 ..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 ...... 16-1-2008 in their joint bank account in Singapore from the joint account of Julfikar Ali, who was then a consultant of Siemins Bangladesh Ltd. and his wife Rahima Ali. It was also revealed from the documents that the aforesaid US Dollar was transferred to the account of the accused as a bribe..Category: Criminal Law | Date: 12 Apr, 2015 | Hits: 19
Muhammad Kamaruzzaman Vs. The Government of Bangladesh, 2015, 44 CLC (AD)
....that a review of an earlier order is not permissible unless the Court is satisfied that material error, manifest on the face of the order, undermines it’s soundness or results in miscarriage of justice. A review of judgment is a serious step and the Courts are reluctant to invoke their power e...... the charge No.3, as made by P.W. 11 and 13 was motivated and could not be true and that this claim has not been substantiated and no evidence was in fact adduced to that effect and that this defence document was filed on 15.07.2012, well before the prosecution applied on 08.10.2012 to examine the P..Category: Criminal Law, International Crimes Tribunal Law | Date: 5 Apr, 2015 | Hits: 60
.... of the Act, as separate proceedings ought to have been initiated;
(6) show-cause notices for demand of duties, taxes, etc. were not served upon the petitioner violating the principle of natural justice and therefore, the impugned orders are unlawful and liable to be struck down.
8. Howeve...... Shohidul Islam, in the course of his arguments, admits that the petitioner though claimed to have written letters to respondent No. 1 for extension of bonded period but he is unable produce any document showing that the petitioner had applied to respondent No.1 for extension of the bonded peri..
Category: Fiscal/Taxation Law | Date: 2 Apr, 2015 | Hits: 0
Asek Elahi Vs. Jalal Ahmedand others, 2012, 41 CLC (AD)
....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. ......lled a mortgage by conditional sale and the mortgagee a mortgagee by conditional sale. provided that no such transaction shall be deemed to be a mortgage, unless the condition is embodied in the document which effects or purports to effect the sale". 8. This proviso was inserted by th..Category: Property Law | Date: 14 Mar, 2015 | Hits: 45
....9;A' to the writ petition). Prior to cancellation of the licence of the petitioner, he was not given any opportunity of being heard. Because of the violation of the principle of natural justice, the impugned Memo No. JM Gha-2/95/416 (K5) dated 14-5-2001 is without lawful authority and ...... legal right, is entitled to a fair hearing and an opportunity to controvert any allegation levelled against him. An alien seeking a visa has no entitlement to one, but once he has the necessary documents, he does have the type of entitlement that should now be protected by due process, an..
Category: Constitutional Law | Date: 2 Mar, 2015 | Hits: 23
....the impugned judgment of the High Court Division. Learned counsel appearing for the petitioner has raised a technical point of law and submits that the respondent M Sahabuddin Ahmed was fugitive from justice and he never appeared before the Court below and also in the High Court Division. In this co......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
..
Category: Constitutional Law | Date: 19 Feb, 2015 | Hits: 9
Jahirul Haque and another Vs. State, 2015, 44 CLC (AD)
....titioners were assaulted mercilessly and that they snatched away cash and kinds of Taka 4,500 only and that in the mean time they have crossed the age of 40 years, we are of the view that the ends of justice would be met if their sentence is reduced to the period which they have already served out. ......tioners is reduced to the period already undergone by them. The respondent is directed to release them from the custody at once. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 109. ..Category: Criminal Law | Date: 19 Jan, 2015 | Hits: 5
....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:
...... cash, bank or FDR.
Muslim Law
Gift
An oral gift by the husband to the wife under the provision of Muslim Law can be made and any affirmation by way of affidavit by the donor is also a document to be considered as to the genuinity of the gift. Both the appellate authorities considered..
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: ......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: ..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:
......Salam Mamun contends that the Taxes Appellate Tribunal was required to consider the issue in accordance with the provision of section 53F of the Income Tax Ordinance 1984 and also on the basis of the documents known as Bangladesh Accounting Standard (BAS) Volume-1 and also the annual report of 2008 ..
Category: Fiscal/Taxation Law | Date: 15 Dec, 2014 | Hits: 1
....the plaintiff-appellants in respect of the possession of the suit property.
38. Since we have already found a prima facie arguable case in favour of the plaintiff, it is our considered view that justice would be served by passing an order of status quo in respect of possession and position......ser) adopts the submissions of the learned Advocate for the defendant-respondent No.1.
19. During the course of hearing, the appellants and both the respondents filed series of various documents in support of their respective cases by filing several sets of affidavit.
20. We have..
Category: Constitutional Law, Contract Law | Date: 11 Dec, 2014 | Hits: 8
....mpt of Court—Ensuring effectiveness and workability of the
Administration of Justice System—
This Court should ensure effectiveness and workability of the administration of justice system and the rule of law to sustain in this country, by awarding appropriate pun......1. I have heard the learned amicus curiae, perused the order dated 13-6-2013 and 23-7-2013 passed in Arbitration Application No. 27 of 2012, the petition for drawing contempt proceeding alongwith the documents annexed, the Rule, the affidavit filed by the contemners and have also consulted the decis..
Category: Constitutional Law, Contempt of Court Law | Date: 4 Dec, 2014 | Hits: 10
Shariful Alam (Babu) (Md.) Vs. State and another, 2014, 43 CLC (HCD)
....ed persons. However, in view of the fact that the accused respondent did not appear in the trial, and was therefore unable to cross-examine prosecution witnesses, we are of the view that ends of justice will be met if the case is remanded to the trial Court for giving an opportunity to the resp......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 ..Category: Criminal Law | Date: 2 Dec, 2014 | Hits: 9
.... 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:
......th the return, issued notices upon the assessee under sections 83(1) and 79 of the Ordinance. Whereupon, the assessee’s representative appeared with cash-book, ledger, salary register and other documents. The DCT, upon hearing and on examination of the documents furnished by the assessee, disr..
Category: Fiscal/Taxation Law | Date: 30 Nov, 2014 | Hits: 1
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