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....of the law. The International Union of Criminal Law of French group in 1905 recommended that ‘there should reorganized in the faculties of law special teaching theoretical and practical for the whole range of penal studies (and) the certificate in penal studies awarded should be taken into con......mprisonment for life. Section300 fastens the special requirements of murder upon the definition of culpable homicide. Culpable homicide sans special characteristics of murder is culpable homicide not amounting to murder. If any of the five exceptions attracts a case it will be culpable homicide not ......ere shall be no mandatory sentence of death in respect of an offence of murder committed by an offender who is under a sentence of life imprisonment.
Ed.
This Case is also Reported in:
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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 ......le 42 of the Rules 1955. In doing so, the respondent No. 4 is directed to dispose of the matter pending before him in accordance with the relevant provisions of laws within the shortest possible amount of time preferably within 3(three) months from the date of receipt of the judgment of this co......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
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. ......this Court may seem fit and proper. 2. Facts relevant for disposal of this Rule, in brief, are that the Respondent No.2 as plaintiff instituted Artha Rin Suit No.188 of 2011 for recovery of loan amounting to Taka 26, 58, 57,855.48 in the Artha Rin Adalat, 2nd Court, Dhaka against the Petitioner......n execution proceeding. To get the sale set aside the judgment debtor has two options under rules 89 and 90 of Order 21 of the Code. Rule 89 gives a right to have the sale set aside on deposit of bid money with 5% interest thereon within 30 days of the sale held. Rule 90 of Order 21 on the other han..Category: Banking Law, Others | Date: 27 Apr, 2015 | Hits: 10
....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
......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 delay to circumstances not amounting to laches or negligence on the Company's part, the Petitioner justifies the ......39;s shares under the Book-Building Method. It is asserted that since the Ells, in the facts and circumstances, have already purchased 40% of the Company's IPO shares and deposited 20% of the bid money, they have had a right secured to them on the earnings of the Company from the year 2013 and b..
Category: Company Law | Date: 15 Apr, 2015 | Hits: 7
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 ......propriated a sum of Taka 2, 63,792/73 while implementing the work of lot No. 8, 9, 13 and 29 of the project without completing the proposed work. They submitted false bills and withdrew the said amount thereby committed offence within the meaning of the aforesaid provisions of law. Th......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 ......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 ...... transferred to the account of the accused as a bribe to Hafiz Ibrahim for conduction of lobbing and helping Siemins to get a tender invited by the BTCL. Siemins admitted the said fact of giving money to many persons in Bangladesh in a criminal case, conducted in the District Court of Columbia,..Category: Criminal Law | Date: 12 Apr, 2015 | Hits: 19
Muhammad Kamaruzzaman Vs. The Government of Bangladesh, 2015, 44 CLC (AD)
....d with an appeal A review petition filed by those subject to regimentation clogged by Article 47A (2) of the Constitution, the Court is to ensure that in the pretext of review, re-hearing of the whole matter is not initiated. To succeed a postulant must show that this Division resorted to ......, 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: ......r. II. Motive for commission of murder When the murder is committed for a motive which evinces 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 ..Category: Criminal Law, International Crimes Tribunal Law | Date: 5 Apr, 2015 | Hits: 60
....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
......Customs Act (IV of 1969); Sections 98, 98(1) (2A) and 111
The Demand of Customs Authority —Removal of the Goods under Section 98
The appropriate customs authority may demand full amount of duties chargeable on the goods imported under the bonding facilities with all rent, penalt......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
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Category: Fiscal/Taxation Law | Date: 2 Apr, 2015 | Hits: 0
Asek Elahi Vs. Jalal Ahmedand others, 2012, 41 CLC (AD)
....indness and indulgence, executed this deed, and so hereby stipulate that if all these vendors will within a period of ten years from the date of this deed pay in a lump sum, and without interest, the whole amount specified above, I shall accept the same, and cancel this valid sale.......". Afte......in place of sale deed it was mentioned as conditional sale. It was also recited that if the recipient of the deed failed to hand over possession on the demand of the vendors on repayment of principal amount in due time, they would be entitled to redeem the land through the process of the Court after...... 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 the moneyed men or ex-landlords for restoration of mortgaged property in a summary manner without the in..Category: Property Law | Date: 14 Mar, 2015 | Hits: 45
Aminul Karim (Md.) Vs. Government of Bangladesh and others, 2015, 44 CLC (HCD)
....can stand together.......(12) Recovery of Loan Amount— A close reading of sub-section 1 of section 138 of the Act, shows that it has noting to do with the recovery of loan amount. The whole scheme of the law is to haul up the drawer of the unpaid/dishonoured cheque(s) for not arrangi......money. Both can stand together.......(12) Recovery of Loan Amount— A close reading of sub-section 1 of section 138 of the Act, shows that it has noting to do with the recovery of loan amount. The whole scheme of the law is to haul up the drawer of the unpaid/dishonoured cheque(s) for...... law precluding a criminal case on account of a civil suit pending against the petitioners on the same facts. The criminal case stands for the offence, while the civil suit is for realization of money. Both can stand together.......(12) Recovery of Loan Amount— A close reading o..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. ......ht) months. P.W. 2, who is the victim, has stated in her examination-in-chief that on the date of occurrence, her father gave Taka 10,000 to the accused and he sought time for the payment of the rest amount. At this, her father-in-law rebuked her father. Then, her husband (the accused) throttled her...... sent his daughter to the house of the accused. Sometime thereafter, the accused again tortured his daughter for dowry and sent her to his (the P.W.) house. Thereafter, the P.W., after arranging some money, on 25-8-2000, had called for the accused through his sons, they came to his house in the morn..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
...... Chairman of Gobindapur Union Parishad, Muksudpur in the District of Gopalganj in 1998. Anyway, the petitioner made an application to the authority for an arms licence and deposited the required amount to the treasury vide challan No.6 dated 1-12-1998 and obtained licence No. 31/98 Gopalganj is......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
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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. ......n favour of respondent No.3 (Annexures-B & B-1). Further it has been stated that respondent No. 2, bank by letter dated 23-4-2011 (Annexure-C) requested the petitioner to take the additional amount from the sale proceed. The letter dated 24-3-2011 reveals that the property of the petitioner......impugned against and other materials on record mainly argued that the respondent bank published the auction notice in Daily Bhorer Dak on 10-2-2011 fixing 27-2-2011 for auction asking for 20% earnest money to be deposited at the time of submitting the bid also allowing 30 days time for submitting re..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 ......ny reason, the right to possession and enjoyment of the mortgaged property will be conferred on the decree holder and, in such case, the decree holder will be at liberty to realize the decreetal amount through sale of the mortgaged property, again in accordance with the provisions men......gaged property, again in accordance with the provisions mentioned in sub-sections (1),(2), (2Ka), (2Kha), (2Ga), (3) and (4) of section 33. Sub-section (6), however, provides that if excess money is realized through such auction sale, the decree-holder will refund the same to the judgment ..Category: Administrative Law, Others | Date: 17 Feb, 2015 | Hits: 4
Shamvunath Karmaker and another Vs. State and another, 2015, 44 CLC (HCD)
....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 ......ded Taka 1,840 for registration of the said deed but the informant wanted to give only Taka 232 which is the government actual registration fee. The accused-petitioner No. 2 denied to accept the said amount and to register deed. Thereafter informant went to the nearby Camp of the Rapid Action Battal......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
.... the assessee applicant on considering the oral prayer and the cogency of such prayer, since the legislature allowed a discretion for condonation as against the provision of period of limitation. The whole provision of limitation became directory and not mandatory due to allowing such discretion on ......highest appellate authority in the Taxes department, the Assessee-applicant has preferred the appeal before the first appellate authority against his grievance as to enhancement of his loss to a huge amount of income, which having prejudiced the Assessee-applicant, is entitled to file the......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:
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Category: Fiscal/Taxation Law | Date: 14 Jan, 2015 | Hits: 1
....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:
......plicant is a regular income tax payer under the TIN. 070-201-4239/Co.-7 which submitted its income tax return for the assessment year 2008-2009, 2009-2010 and 2010-2011 disclosing income at different amount and pursuant to the notice under section 83(1) and 79 of the Income Tax Ordinance 1984 the au......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:
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Category: Fiscal/Taxation Law | Date: 12 Jan, 2015 | Hits: 1
.... 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:
......o effect a contract for an annuity for the benefit of, the assessee or his spouse or any of his dependent child as well as any sum paid by an employer in respect of any obligation of an employee. The amount contributed by the assessee in the contributory provident fund of the office employee, thus, ...... 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:
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Category: Fiscal/Taxation Law | Date: 11 Jan, 2015 | Hits: 1
Islami Bank Bangladesh Limited Vs. Commissioner of Taxes, 2015, 44 CLC (HCD)
....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: ......lip;…… the expenditure made by the assessee under the head Zakat does not come within clause (XXVII) of section 29(1) of the Ordinance , 1984, therefore, the same cannot be a deductible amount in assessing income of the assessee company. Consequently the benefit of section 44 and parag......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
....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:
......sioner of Taxes who passed order in deleting the Income determined by the ACT as Income from other sources under section 19(3)33d at Tk. 1,05,39,450/- by admitting the false and fabricated gift amounting to Tk. 1,05,39,45/- as the assessee failed to prove the genuinity and verifiability of the......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:
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Category: Fiscal/Taxation Law | Date: 7 Jan, 2015 | Hits: 1
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