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Ekramul Huq @ Bachchu and another Vs. State, 1999, 28 CLC (HCD)

....€¦â€¦Appellants Vs. State………….Respondent Judgment March 9, 1999. Cases Referred to- Dharmasena vs. King Criminal Law Journal, 1950 Vol.50 page 1997, Abdul Ghani vs. Emperor Indian Law Reports Vol.29 page 412 and Gopalkrishna Naidu vs. State of Modhya Prodesh AIR 1952 and N..

Category: Criminal Law | Date: | Hits: 90

Shah Abdul Hannan and others Vs. Bangladesh, 2010, 39 CLC (HCD)

....ibing to the moderating view that they would not generally interfere with policy based decision, but would not take it as a rule of thumb. So, in Tata Cellular Vs. Union of India (AIR 1996 SC 11) the Indian Supreme Court held that the principle of judicial review to scrutinise the exercise of contra..

Category: Constitutional Law | Date: | Hits: 231

Hussain Muhammad Ershad Vs. Abdul Muqtadir Chowdhury and another, 2001, 30 CLC (HCD)

.... to hold otherwise would frustrate the scheme and spirit of the Constitution as stated above. 13. The learned Counsel in support of the aforesaid contention referred to some decided cases from the Indian Jurisdiction namely, the case of Bhanubhai M Raval Vs. Union of India and others, reported in..

Category: Constitutional Law | Date: | Hits: 202

Abu Sayed Vs. State, 2001, 30 CLC (HCD)

....ifying the order of such injunction, may suggest suitable action against the erring judicial officer, including recommendation to take steps for making adverse entry in his ACR”. The view of the Indian Supreme Court squarely attracts the case at hand. 18. Unhappy aspect of the jail appeals a..

Category: Criminal Law | Date: | Hits: 41

World Tel Bangladesh Ltd. Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)

....p Narain Singh vs. Nayeshar Prasad and others, AIR 1930 (Allahabad) 1 (Full Bench), Central Inland Water Transport Corporation Ltd. Vs. Brojonath, AIR 1986 (SC) 1571, Mukul Dutta Gupta and others vs. Indian Airlines Corporation AIR 1962 Calcutta 311, Ismail vs. Mussarat Zami and others, PLD 1985 (SC..

Category: Information Technology Law | Date: | Hits: 321

Hayes Haier Appliance Company Ltd. Vs. Secretary, Internal Resources Division, Ministry of Finance and others, 2005, 34 CLC (HCD)

....er se can be knocked down by this Court. In elaborating his submission, Mr. Islam relied on the decision reported in AIR 1958 (SC) 538 with special reference to the principles of law laid down by the Indian Supreme Court in that case as to when the Supreme Court can interfere with an Act passed by t..

Category: Fiscal/Taxation Law | Date: | Hits: 81

Annada Prosad Das Vs. DC, Khulna and others, 2001, 30 CLC (HCD)

....se of Md. Ayub Khan Vs. Commissioner of Police, Madras (AIR 1965 (SC) 1623, Para-8, relevant page 1626) it has been held, as follows: “Acquisition of citizenship of another country, to determine Indian citizenship must however, be voluntary. By sub-section (2) provision is made for setting up a..

Category: Immigration and Citizenship Law | Date: | Hits: 190

Gurvinder Singh Vs. Secretary, Ministry of Finance and others, 1992, 21 CLC (HCD)

....t a factor according to section 17(1) and besides, there is no proof of the payment of income-tax on salary income from Messers Cross Towny Inc. anywhere. The petitioner is a citizen of India bearing Indian passport and under the agreement for relief from double taxation with USA and Bangladesh he c..

Category: Fiscal/Taxation Law | Date: | Hits: 98

Progoti General Insurance Co. Ltd. Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)

....h could be discharged by an application of the income earned by the assessed. It appears from the impugned order that relying on the decision of Shitaldas Tirathdas case reported in 41 ITR 367 of the Indian Supreme Court, the Tribunal arrived at a finding that in the instant case the Jamuna levy cre..

Category: Fiscal/Taxation Law | Date: | Hits: 104

Sogra Begum Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)

....tioner was prevented by sufficient cause for the delay and in support of his contention he relies on the decision reported in 51 DLR (AD) 253 and the decision reported in 167 ITR 471, decision of the Indian Supreme Court. The learned Advocate also submitted that the instant case is covered by the pr..

Category: Fiscal/Taxation Law | Date: | Hits: 108

Mrs. Aruna Sen Vs. Govt. of the Peo­ple's Republic of Bangladesh and others, 1974, 3 CLC (HCD)

....he statute itself, it does not appear to be the legislative intent that the satis­faction of the detaining authority should be the subject of judicial review and has referred, to a decision from the Indian Jurisdiction in the case of Pushkar Mukharjee Vs. The State of West Bengal, AIR 1970 (SC) 852..

Category: Constitutional Law | Date: | Hits: 291

Nurul Islam Babul (Md.) Vs. State, 2004, 33 CLC (HCD)

....of the sub-continental jurisdiction. He referred to a decision of the Delhi High Court in the case of Devendra Dutt and others Vs. State and others reported in 1990 CriLJ 177 where section 482 of the Indian Code of Criminal Procedure which corresponds to section 561A of our Code of Criminal Procedur..

Category: Criminal Law | Date: | Hits: 60

Saifuzzaman (Md.) Vs. State and others, 2003, 32 CLC (HCD)

....d closely followed sections 23, 24, 27, 15, 19, 25 and 28 respectively of the Malaysian Criminal Procedure Code. There is no corresponding section in our Code similar to sections 50, 53 and 54 of the Indian Code 52. The old order has changed yielding place to new, and we must have new need for th..

Category: Criminal Law | Date: | Hits: 70

Babul Sikder and others Vs. State represented by the DC, 2003, 32 CLC (HCD)

.... is to be flung to the wind [Emphasis laid]. We are in respectful disagreement with the views adopted by learned Single Judge and we are in respectful agreement with the proposition propounded by the Indian Supreme Court in Bihriprasad and others Vs. State of Bihar (Supra). 51. This takes us to t..

Category: Criminal Law | Date: | Hits: 54

Patwary Rafiquddin Haider Vs. State and another, 2002, 31 CLC (HCD)

....troducing a provision in the Code enabling High Court and Court of Sessions to grant Anticipatory Bail. In compliance of the Report of Law Commission amendments have been brought about in the Code in Indian Jurisdiction and on insertion of section 438 provision for Anticipatory Bail with positive co..

Category: Criminal Law | Date: | Hits: 79

Kala Miah Vs. Gopal Chandra Paul and others, 1998, 27 CLC (HCD)

....gment July 6, 1998. Cases Referred to- Hari Kison Pandy vs. Nageswari Debi, 8 DLR 65; 531A 89; AIR 1930 Patna 610 (Harihar Prasad vs. Sifi Gurugranth Saheb); Karam Ilahi vs. Share-ud-Din, 35 Indian Cases 14; AIR 1927 (Cal) 197 and Kelyana Sundaram vs. Korurps (1927), 50 (Mad). Lawyers In..

Category: Property Law | Date: | Hits: 51

Abdul Hafiz (Md.) and others Vs. Director General, Bureau of Anti-Corruption, Government of Bangladesh, 1997, 26 CLC (HCD)

....…………………………………… (3) No person accused of any offence shall be compelled to be a witness against himself.” 20. Article 35(4) of our Constitution and Article 20(3) of Indian Constitution use the words “accused of an offence”. From the language of the said Article..

Category: Anti-Corruption Laws | Date: | Hits: 191

QC Shipping Limited and another Vs. Chittagong Port Authority and others, 1998, 27 CLC (HCD)

....relief by ordering repayment of money realised by the Government without the authority of law”. (Emphasis supplied) In view of the observations made in the judgment of our jurisdiction and the Indian jurisdiction I hold that where a notice is passed without lawful authority and where the resp..

Category: Admiralty Law or Maritime Law | Date: | Hits: 583

Sharif and Brothers Vs. Commissioner of Customs and Others, 2000, 29 CLC (HCD)

....J Sharif and Brothers….............................Petitioners Vs. Commissioner of Customs and Others……………. Respondents Judgment February 13, 2000. Cases Referred To- Indian jurisdiction viz. AIR 1968 (SC) 1186; AIR 1962 (SC) 1621 15; AIR 1980 (SC) 1986. Lawyers I..

Category: Fiscal/Taxation Law | Date: | Hits: 93

Abu Mohammad Vs. Government of the People’s Republic of Bangladesh & another, 1999, 28 CLC (HCD)

....sion for altering the terms of the contract for making the loan as short term instead of long term in that proceeding was made. Mrs. Tania Amir has cited various decision of the English jurisdiction, Indian and also of our Courts in support of her contention that the executive authority namely, the ..

Category: Others | Date: | Hits: 95