Search Options
Judgment Advanced Search
Displaying 21-40 of 3605 results.
Muhammad Kamaruzzaman Vs. The Government of Bangladesh, 2015, 44 CLC (AD)
....ay do so “in rarest of rare cases” when its collective conscience is so shocked that it will expect the holders of the judicial power centre to inflict death penalty irrespective of their personal opinion as regards desirability or otherwise of retaining death penalty. The community may ......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 property or to gain control over property of a ward or a person under the control of the murderer or..Category: Criminal Law, International Crimes Tribunal Law | Date: 5 Apr, 2015 | Hits: 60
Asek Elahi Vs. Jalal Ahmedand others, 2012, 41 CLC (AD)
....tionship of debtor and creditor does not subsist and there is no debt for which the transfer is a security. It is not a partial transfer, but a transfer of all rights in the property reserving only a personal right of repurchase or preemption which is lost if not exercised within the stipulated time......ismissed. 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 intervention of the Court and payment of Court fees. But th..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 ......e(s) when it/he obtained the loan (here the accused petitioners) by creating equitable mortgage and the complainant company had the option to recover the loan money by selling the mortgaged property even the cheque(s) returned unpaid as argued by Mr.Chowdhury. A close reading of sub-s..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
......oulvi Abdul Hye Memorial School and College at his village. The petitioner is a life-member of the said trust and a teacher of the school and college. For the safety and security of his life and property, the licence of the single-barrelled gun was granted in his favour by the appropriate autho..
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. ......d with subsection 4, is not at all mandatory rather it is directory— Before institution of any suit against any borrower the bank shall have to arrange for an auction sale of the property mortgaged by any borrower. It is a precondition for filing a suit. Even if a suit is filed ..Category: Banking Law | Date: 22 Feb, 2015 | Hits: 7
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 ......s 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 to try to sell the property through 2nd, 3rd or 4th auctions. To obtain that special status under sub-section 6 (k..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)
.... 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. ...... charge-sheet. Since the petitioner was engaged in the said transaction and was also a beneficiary of it, a prima facie case of abetment regarding manipulation of the tender for sale of the abandoned property had been disclosed against him in the materials collected by the prosecution. By takin..Category: Criminal Law | Date: 11 Feb, 2015 | Hits: 16
....felt not being proved by adequate evidence..... The provision of section 83(2) is the protection to the assessee of Income Tax, since the DCT concern writes the assessment order in his personal time in the absence of the assessee or his authorized representative.....(12 and 17)
C......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:
..
Category: Fiscal/Taxation Law | Date: 12 Jan, 2015 | Hits: 1
....sideration in the instant reference applications. Moreover, from the Guideline it is clear that it has not been mentioned anywhere that Zakat is to be paid by the banks;
(4) Zakat liability is a personal obligation of share- holders/owners of the banks professing the religion of Islam and it ca...... 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)
....sideration in the instant reference applications. Moreover, from the Guideline it is clear that it has not been mentioned anywhere that Zakat is to be paid by the banks; (4) Zakat liability is a personal obligation of share-holders/owners of the banks professing the religion of Islam and it can......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
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: ......t-A, 6th Schedule of the Ordinance having been deleted by the Finance Act, 1999, at the time of assessment year 1999-2000 the said paragraph 1 was as follows; “1(1) Any income derived from property held under trust or other legal obligation wholly for religious or charitable purposes, and..Category: Fiscal/Taxation Law | Date: 24 Dec, 2014 | Hits: 0
....g a opportunity to the Assessee-applicant to furnish further evidence as to any issue which the DCT concern finds not to have been adequately proved at the time of writing the assessment order in his personal time, not in front of the assessee. The provision of section 83(2) of the Income Tax Ordina......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:
..
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 ......-General and for that purpose he or any person authorized by him in that behalf shall have access to all records, books, vouchers, documents, cash, stamps, securities, stores or other government property in the possession of any person in the service of the Republic. (2) Without prejudice ..Category: Constitutional Law, Fiscal/Taxation Law | Date: 15 Dec, 2014 | Hits: 5
....oth on facts and law, upon evidences adduced by the parties.
Send down the copy of the judgment to the court below at once.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 218
......osed of.
Civil Rule No. 647(FM) of 2012 is accordingly disposed of.
Bank’s Legal Power to Deal with Mortgaged Property—
Bank must have the legal power to sell the mortgaged property which is the condition precedent to take subsequent actions. ...... (30)
A..
Category: Constitutional Law, Contract Law | Date: 11 Dec, 2014 | Hits: 8
Ferdous Ara Zainul Vs. Mahmuda Khatun and others, 2014, 43 CLC (HCD)
....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. ......e Specific Relief Act, 1877(SRAct). 6. Mr. Md. Rezaul Islam, the learned Advocate appearing for the present plaintiff-petitioner, submits that since the payment for purchasing the suit property was made jointly by the present petitioner and the said proposed defendant to the lessee, h..Category: Civil Law, Procedural Law | Date: 11 Dec, 2014 | Hits: 19
....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
......ble , right to every citizen, wherever he may be, and of ever other person for the time being within Bangladesh, and in particular no action detrimental to the life, liberty, body, reputation or property of any person shall be taken except in accordance with law."
12. Article 27 of th..
Category: Constitutional Law, Fiscal/Taxation Law | Date: 8 Dec, 2014 | Hits: 3
Sonali Bank Limited Vs. UT Garments Limited and others, 2014, 43 CLC (HCD)
.... 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. ......eted by majority view as:- "The learned Additional Attorney-General appearing for the appellants in C. A. No. 31 of 1991., now makes a radical departure from the stand so far taken the property in question answers the second inclusive definition of abandoned property in Article 2..Category: Banking Law | Date: 4 Dec, 2014 | Hits: 4
....h the Court's own contempt, therefore, means to prevent and stifle any damage to public confidence in an important organ of the State and not the protection of the individual Judges.
No personal interest is therefore involved. These are accepted rules in the dispensation of j......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
..
Category: Constitutional Law, Contempt of Court Law | Date: 4 Dec, 2014 | Hits: 10
A Kader Zilani (Md.) Vs. State and another, 2014, 43 CLC (HCD)
.... Mere failure to return back any property from the legal custody of a public servant is not misappropriation unless and until it reveals that he had a intention to misappropriate the same for his personal gain...... (51) Time Limit for The Investigation of the Case is Simply Directory in Na...... December 3, 2014. Result: The appeal is allowed. Intention to Misappropriate to be made known when Misappropriation by a Public Servant— Mere failure to return back any property from the legal custody of a public servant is not misappropriation unless and until it reve..Category: Anti-Corruption Laws | Date: 3 Dec, 2014 | Hits: 11
Meer Ramij Uddin Vs. Meer Judge Meah and others, 2014, 43 CLC (AD)
....il petition for leave to appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 208. ......aj Uddin then died leaving Aftab Uddin and Dudh Miah as sons and four daughters, namely Zahura, Hefeza, Mursheda and Afela. The further case of the plaintiffs is that they possessed land in excess of property they have claim to and prayed to the defendants to get their share partitioned amicably/fai..Category: Property Law | Date: 20 Nov, 2014 | Hits: 5
89258976965989919597959189859670967188669673967495759594958495999601959595819165