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....st, not fanciful or arbitrary. More so, section 303 prescribes the sentence to be passed to an offender convicted of murder while undergoing sentence of imprisonment for life. Section 300 fastens the special requirements of murder upon the definition of culpable homicide. Culpable homicide sans spec......d be a matter of hardship and even injustice in view of the definition of the offences in general terms and of the presence of mitigating circumstances. Accordingly they had so altered the Code as to leave the minimum sentence for all offences, except those of the gravest nature, to the discretion o..
Category: Criminal Law, Women and Children | Date: 5 May, 2015 | Hits: 83
....ust, not fanciful or arbitrary. More so, section 303 prescribes the sentence to be passed to an offender convicted of murder while undergoing sentence of imprisonment for life. Section300 fastens the special requirements of murder upon the definition of culpable homicide. Culpable homicide sans spec...... 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
Criminal petition for leave to appeal No. 374 of 2011.
(From the judgment and order dated 25.5.2011 passed by the Hig..
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)
.... appeal under rule 31, the Revenue Officer shall have to take initiative for final publication of the record-of-rights on obtaining necessary permission from the Government to be issued by general or special order for the purpose of printing of the same in manuscript according to rule 32. Under rule......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)
....urrender before the concerned Court, the Chief Judicial Magistrate of Sylhet shall take step to take them in custody. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 376 ......ainst the said judgment, the High Court Division allowed the appeal and set aside the judgment of the trial court and acquitted all the accused persons. Hence, is the appeal by the State upon getting leave. 9. Mr.Momtazuddin Fakir, learned Additional Attorney General appearing on behalf of the ..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)
....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. ......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)
....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 ......e. Under the circumstances we also hold the view that the Government may set up an inquiry committee in the interest of public, if they feel it expedient in the circumstances of the case. So, we leave it on the government to form any kind of inquiry committee/inquiry commission to find out..Category: Criminal Law, Procedural Law | Date: 20 Apr, 2015 | Hits: 2
Anti-Corruption Commission Vs. A.A.M Habibur Rah¬man and anothers, 2015, 44 CLC (AD)
....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 ......cation under section 561A of the Code the High Court Division will not take into consideration of the defence papers..... (49) It would be unnecessary delay in holding the trial of the cases, if leave is granted....... (50) Case Referred to- State Vs. Lilun Nahar Ekram, IV ADC 264. ..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 ......2014. (From the judgment and order dated 20-2-2014 passed by the High Court Division in Criminal Revision No. 357 of 2013) Judgment Syed Mahmud Hossain J. - This criminal petition for leave to appeal is directed against the judgment and order dated 20-2-2014 passed by a Division Benc..Category: Criminal Law | Date: 12 Apr, 2015 | Hits: 19
Muhammad Kamaruzzaman Vs. The Government of Bangladesh, 2015, 44 CLC (AD)
....November of 2014. 2. Criminal Appeal No. 62 of 2015 was preferred by one Muhammad Kamaruzzaman invoking Section 21 of the International Crimes Tribunal Act, 1973 (henceforth cited as the Act), a special legislation that made this Division the exclusive appellate forum against judgments and orde......, 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: ..Category: Criminal Law, International Crimes Tribunal Law | Date: 5 Apr, 2015 | Hits: 60
....ion 98 of the Act..............(17)
Under sub-sections (1) and (2A) of section 98 of the Act, goods imported for hundred percent export oriented ship building industry and warehoused in any special bonded warehouse or in any hundred percent export oriented industry, may remain in such ware......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)
....alal Ahmedand others.......................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 ......ve become the guiding laws of the country. Therefore, those findings are superflous but the ultimate decision of the High Court Division is correct. 37. Md. Abdul Wahhab Miah J.- This appeal, by leave, has arisen out of the judgment and decree dated the 12th day of July, 2000 passed by the High..Category: Property Law | Date: 14 Mar, 2015 | Hits: 45
Aminul Karim (Md.) Vs. Government of Bangladesh and others, 2015, 44 CLC (HCD)
....arned counsel appearing for the respondent No. 3- bank, on the other hand, by filing affidavit-in-opposition opposes the Rule and mainly submits that to lenge the criminal proceeding, there is a special provision in the Code of Criminal Proceedings and the writ petition is not maintainable and ......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 ..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)
....from the date of his conviction; so, let the accused be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 231. ......m the judgment and order dated the 4th day of October, 2007 passed by the High Court Division in Criminal Appeal No.158 of 2006) Judgment Md. Abdul Wahhab Miah J. - This criminal appeal, by leave, has arisen out of the judgment and order dated the 4th day of October, 2007 passed by the Hig..Category: Criminal Law, Women and Children | Date: 8 Mar, 2015 | Hits: 18
....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
......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)
....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. .............................Respondents Judgment March 1, 2015. Result: The leave petition is dismissed. Lawyers Involved: Qumrunnessa Ratna, Advocate, instructe..Category: Civil Law, Tenancy Law | Date: 1 Mar, 2015 | Hits: 24
Ramjan Ali Tarafder (Md.) Vs. Bangladesh and others, 2015, 44 CLC (HCD)
....Rahman Mostafa, the learned Advocate by filing Vokalatnama on behalf of the respondent No. 2 bank on the other hand opposes the Rule. His bone of contention is that this writ petition is misconceived specially in terms of section 12(8) proviso which clearly stipulates: “আপাততঃ......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
....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
......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
Mosharaf Hossain (Md.) Vs. Bangladesh and others, 2015, 44 CLC (HCD)
.... 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 (kha), the precondition is that the right to possession and ...... 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 ..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. ......(From the judgment and order dated 8-11-2012 passed by the High Court Division in Criminal Miscellaneous Case No. 20499 of 2009) Judgment Syed Mahmud Hossain J. - This criminal petition for leave to appeal is directed against the judgment and order dated 8-11-2012 passed by a Division Benc..Category: Criminal Law | Date: 11 Feb, 2015 | Hits: 16
Shamvunath Karmaker and another Vs. State and another, 2015, 44 CLC (HCD)
....e law provided under Rule 16 of the Durnity Daman Commission contending that the informant in lodging the FIR has acted beyond the jurisdiction which is not a valid interpretation of law when the law specially provided that initiation of a proceeding must be conducted by the Anti-Corruption Commissi......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
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