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....Hughes, CJ. in West Coast Hotel Co. Vs.Parrish (1936) 300 US 379 in dealing with the content of the guarantee of equal protection of laws observed:
“This court has frequently held that the legislative authority, acting within its proper field, is not bound to extend its regulation to all ......circumstances of the case. The High Court Division granted a certificate under Article 103(2) (a) of the Constitution without, however, formulating any point observing that “in the light of the decision of this court and since the constitutional right of the convict petitioner is still in ques..
Category: Criminal Law, Women and Children | Date: 5 May, 2015 | Hits: 83
....ughes, CJ. in West Coast Hotel Co. Vs. Parrish (1936) 300 US 379 in dealing with the content of the guarantee of equal protection of laws observed:
“This Court has frequently held that the legislative authority, acting within its proper field, is not bound to extend its regulation to all ......circumstances of the case. The High Court Division granted a certificate under Article 103(2) (a) of the Constitution without, however, formulating any point observing that “in the light of the decision of this Court and since the constitutional right of the convict petitioner is still in ques..
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)
....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 ...... that on the face of the final publication of the record-of-rights in the name of the petitioners, the respondent No. 4 had no jurisdiction to hear the appeal cases except for a challenge of the said decision under section 145A of the Act before the Land Survey Tribunal constituted under S..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)
....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. ......ntended to be decided. The only qualification to such amending authority is that it ought not to result in any injustice. Indeed, the Court in the Hemanta Kumar Ghosh Case referred to an earlier decision in Midnapur Zamindary Co. Ltd. Vs. Abdul Mil Mia, reported in 37 CWN 500 (1933) which, subs..Category: Banking Law, Others | Date: 27 Apr, 2015 | Hits: 10
Hasina Ahmed Vs. State, 2015, 44 CLC (HCD)
....ry of Salauddin Ahmed whichever is earlier. In the light of the discussions made hereinbefore, the Rule is discharged. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 343 ......ee— Government may set up an inquiry committee in the interest of public, if they feel it expedient in the circumstances of the case. Government is at liberty to take independent decision about formation of any kind of inquiry committee/inquiry commission…........(21) ..Category: Criminal Law, Procedural Law | Date: 20 Apr, 2015 | Hits: 2
Lutfor Rahman Mollah (Md.) and another Vs. M Safiul-Alam, 2015, 44 CLC (HCD)
....ourt stands vacated. Let a copy of this judgment be communicated to the Courts concerned at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 317. ......hich was subsequently transferred to the Court of Additional District Judge, 7 Court, Dhaka for disposal, who by the impugned judgment and decree dated 18-3-2014 dismissed the appeal and affirmed the decision of the trial Court on the finding that the plaintiffs' lease agreement has already been..Category: Civil Law, Procedural Law | Date: 13 Apr, 2015 | Hits: 10
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: ......low, unanimously acquitted him ofcharge No.1, and by majority maintained the conviction and sentencein respect of charges Nos. 2 and 7. Death sentence on charge No.3 has been maintained by a majority decision. FURNISHED GROUNDS In seeking review of our aforementioned appellate judgment and..Category: Criminal Law, International Crimes Tribunal Law | Date: 5 Apr, 2015 | Hits: 60
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. ......lates that he shall have a right to repurchase". 13. As to the difference in the legal effect of a sale with a condition of repurchase and a mortgage by conditional sale, it is said in some decisions, it is often a matter of extreme difficulty to decide which of these two transactions a pa..Category: Property Law | Date: 14 Mar, 2015 | Hits: 45
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 ......ficient fund cannot have any bearing upon the proceeding of Artha Rin Adalat and for that reason the same should not be stayed. The learned counsel in support of his contention placed reliance in the decision of Majed Hossain Vs. State, 17 BLC (AD) 177. Therefore, he submits that in all fairnes..Category: Banking Law, Procedural Law | Date: 9 Mar, 2015 | Hits: 0
....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
......y to courts of justice and now extend to any person or body deciding issues affecting the rights or interests of individuals where a reasonable citizen would have legitimate expectation that the decision-making process would be subject to some rules of fair procedure. These rules apply, even th..
Category: Constitutional Law | Date: 2 Mar, 2015 | Hits: 23
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. ......auction was made prior to filing of the suit in pursuance to sub-section 1 of section 12 of the Ain, as such, under sub-section 4 of section 12, the provisions of section 33 are not mandatory. In the decision of Zinnatul Ara Vs. Government of the People Republic of Bangladesh, reported in 75 BLC (AD..Category: Banking Law | Date: 22 Feb, 2015 | Hits: 7
....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.
......ny the fact that he submitted some forged and false documentary evidence before the Assistant Registrar, Trade Mark in that opposition case we find nothing to interfere with the findings and the decision of the Assistant Registrar, Trademark. We have also taken into consideration the fact that ..
Category: Intellectual Property Law | Date: 9 Feb, 2015 | Hits: 20
....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:
...... 154(3) for its delay in submitting the appeal before the learned CT(A). On the facts and it the circumstances mentioned above, we are of the opinion that the learned CT(A) is legally correct in this decision of rejection the appeal under section 154(2) and as such his order is hereby confirmed by u..
Category: Fiscal/Taxation Law | Date: 14 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:
......as to be taken into consideration and no other document is required to prove the said gift. The DCT concern did not consider the aspect in lawful manner while the two appellate authorities made their decision on true appreciation of law. Therefore, nothing wrong was committed by these two appellate ..
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: ......r charitable purposes and as such were liable to tax. 2. Whether in the facts and circumstances of the case the Tribunal was justified in disposing the case without referring to or following the decision of the High Court Division reported as Commissioner of Taxes Vs. Bangladesh Rural Adva..Category: Fiscal/Taxation Law | Date: 24 Dec, 2014 | Hits: 0
....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:
......rn correctly found that the entire income is required to be considered along with the VAT payment. Therefore, the two appellate authorities having found the same as lawful, did not interfere with the decision made by the Deputy Commissioner of Taxes.
The learned Assistant Attorney General Mr. S..
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 ......the petitioners in his submissions unequivocally endorsed the earlier view taken by this Division in the case of Sekander Spinning Mills Vs. Customs, Excise and VAT 63 DLR 272 and the unreported decision of Bombay Sweets Co. Ltd. Vs. National Board of Revenue in Writ Petition No. 9441 of 2007. ..Category: Constitutional Law, Fiscal/Taxation Law | Date: 15 Dec, 2014 | Hits: 5
....9. Accordingly the application praying for review is allowed.
However, there shall be no order as to cost.
Md. Emdadul Haque Azad, J: I agree.
Ed.
This Case is also Reported in:
......se allowances as to be treated as not a part of the perquisite, but the same issue was not inadvertently touched by this court. Therefore the same is required to be reviewed and accordingly to give a decision that the house rent allowance, medical allowance, conveyance allowance, house maintenance c..
Category: Fiscal/Taxation Law | Date: 14 Dec, 2014 | Hits: 0
....s from the date of receipt of this judgment.
Let a copy of this judgment be forwarded to the concerned respondents at once.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 251
......mentary affidavit. We have also considered the contents of affidavit-in-opposition and the submissions advanced by the learned Advocates for the respective parties.
7. In order to come to a decision in this Rule, it will be profitable to quote Rules 5, 6 and 12 of the Customs Agents (Licen..
Category: Constitutional Law, Fiscal/Taxation Law | Date: 8 Dec, 2014 | Hits: 3
....her signed copy of the order of committal be kept with record, for ready reference, if so required.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 225
......how cause as to why the bank guarantee amount shall not be reduced as prayed for by the petitioner and further ordered to keep this petition on record, for hearing, so that this Court may arrive at a decision after perusal of the BTCL's statements /explanation that was called for by the Court an..
Category: Constitutional Law, Contempt of Court Law | Date: 4 Dec, 2014 | Hits: 10
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