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State Vs. Md. Golam Rabbani, 2016, 45 CLC (HCD)
....this judgment and order to the learned trial court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 167 ......-prisoner Md. Golam Rabbani Khan in Sessions Case No.58 of 2008 under section 302 of the Penal Code corresponding to Kahalu Police Station Case No.12(1)08 and GR No. 12 of 2008. 2. The prosecution case, as made out in the ejahar, in a nutshell can be stated thus, one Md. Sirajul Hoque..Category: Evidence Law | Date: 6 Dec, 2015 | Hits: 6
Ali Ahsan Muhammad Mujahid Vs. The Government of Bangladesh, 2015, 44 CLC (HCD)
....has been affirmed by the Appellate judgment. We do not find any illegality in our Appellate judgment. Hence, the review petition is dismissed. Ed. This case is also Reported in: ......s.2 and 5 are not reliable, that the members of “Badr bahini” were in fact, “ফালতু” (Extras) and they were mere sources of Pak Army; that the evidence adduced by the prosecution for this charge were not sufficient to convict the appellant; that Professor and Histori..Category: International Crimes Tribunal Law | Date: 18 Nov, 2015 | Hits: 111
....onviction and sentences in respect of charge Nos. 2, 3, 4, 5, 6, 8, 17 and 18 are hereby maintained.
Ed.
This Case is also Reported in: 67 DLR (AD) (2015) 295
......rmal charges and other documents having satisfied that offences alleged against the accused are punishable under section 3(2) of the Act of 1973 took cognizance of the offences and issued process for prosecution of the accused. Ultimately 23 (twenty three) counts of charges were framed against ..
Category: International Crimes Tribunal Law | Date: 29 Jul, 2015 | Hits: 38
Sanjay Kumar Biswas Vs. State, 2015, 44 CLC (HCD)
....d the appellant stands accordingly acquitted. Communicate the order at once and send b the Lower Court Record. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 185. ......the convict appellant, by order of the Hon'able Chief Justice of Bangladesh, the matter has been transmitted to this bench for hearing afresh and disposal. 3. Projected fact of the prosecution that could be gathered from the materials on record succinctly is that the prosecutrix M..Category: Women and Children | Date: 5 May, 2015 | Hits: 3
.... There 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:
......dquo;
30. In awarding the maximum sentence in respect of an offence the position of law prevailing in our country is a bit different. It is provided in our Code of Criminal Procedure that if the prosecution wants to award the maximum/enhanced sentence of the offence charged with against an offe..
Category: Criminal Law, Women and Children | Date: 5 May, 2015 | Hits: 83
....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:
......dquo;
30. In awarding the maximum sentence in respect of an offence the position of law prevailing in our country is a bit different. It is provided in our Code of Criminal Procedure that if the prosecution wants to award the maximum/enhanced sentence of the offence charged with against an offe..
Category: Criminal Law, Women and Children | Date: 5 May, 2015 | Hits: 86
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 ......d. Aftab Uddin of Golapgonj Police Station reached to the scene, held inquest upon the cadavers, visited the place of occurrence, prepared sketch map with separate index, seized alamats etc. The prosecution was launched by lodging the First Information Report by P.W.1, Md. Tafazzal Ali brother ..Category: Criminal Law, Procedural Law | Date: 29 Apr, 2015 | Hits: 10
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 ...... accused-petitioner under section 13 of the Money; Laundering Protirodh Ain, 2002. 3. The facts, leading to the filing of this criminal petition for leave to appeal, in a nutshell, are: The prosecution case, in brief, is that accused Md. Hafiz Ibrahim was an influential parliament member e..Category: Criminal Law | Date: 12 Apr, 2015 | Hits: 19
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: ...... P.W. stated that the date of occurrence of Charge No.3 was late October, 1971 although the actual date was May, 1971 (ii) that the petitioner sold stationery products which was inconsistent with the prosecution case (iii) that he was a student of Islamic History when in fact he was an intermediate-..Category: Criminal Law, International Crimes Tribunal Law | Date: 5 Apr, 2015 | Hits: 60
Asek Elahi Vs. Jalal Ahmedand others, 2012, 41 CLC (AD)
.... condition of repurchase' it is observed, it is not a mortgage, for the relationship 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 re......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. ..Category: Property Law | Date: 14 Mar, 2015 | Hits: 45
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. ...... tried. The co-accused (Amanath Ullah Fakir, since acquitted) was charged under section 11(ka)/30 of the Ain, 2000 to which he also pleaded not guilty and claimed to be tried. 3. The case of the prosecution as stated by P.W.1, the informant, (hereinafter referred to as the P.W.) was that two ye..Category: Criminal Law, Women and Children | Date: 8 Mar, 2015 | Hits: 18
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. ......d 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 taking evidence the trial Court has to resolve disputed questions of fact ..Category: Criminal Law | Date: 11 Feb, 2015 | Hits: 16
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 ......izanur Rahman, the learned Advocate appearing with the learned Advocates Mr. Ashoke Kumar Banik and Mr. Shasti Sarker submits that the petitioners are not connected with the offence as alleged by the prosecution and the proceeding of the instant case against the accused-petitioners are an abuse of p..Category: Anti-Corruption Laws, Procedural Law | Date: 10 Feb, 2015 | Hits: 4
State Vs. Engineer Monjurui Ahsan Munshiand another, 2015, 44 CLC (AD)
....t afresh. The leave petitions are accordingly, disposed of with the above observations and directions. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 149 ......directions. No notice required for distinct offences Offences punishable under sections 26 and 27 of the Ain, are distinct offences and that no notice is required by the Commission for prosecution of an offender in respect of an offence punishable under section 27 of the Ain. The..Category: Criminal Law | Date: 2 Feb, 2015 | Hits: 11
Jahirul Haque and another Vs. State, 2015, 44 CLC (AD)
....tioners is reduced to the period already undergone by them. The respondent is directed to release them from the custody at once. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 109. ......he case was sent in the third Court of Assistant Sessions Judge, Comilla for holding trial, who framed charge against the petitioners and another under section 394 of the Penal Code. 5. The prosecution examined 7 witnesses and defence examined none. 6. After examination of the accused..Category: Criminal Law | Date: 19 Jan, 2015 | Hits: 5
....eal on merit afresh.
The leave petition is accordingly, disposed of with the above observations and directions.
Ed.
This Case is also Reported in: 20 BLC (AD) (2015) 127.
......5.
Result:
The leave petition is disposed of.
Offence punishable under section 27 of the Ain is distinct offence and no notice is required by the Commission for prosecution of an offender in respect of the offence.
At the time of hearing the leave petition..
Category: Criminal Law | Date: 12 Jan, 2015 | Hits: 6
....ce of Zakat expenses under section 29 and addition under section 30(e) of the Ordinance. The CTA also rejected these grounds and affirmed the order of the DCT relating to these grounds but he allowed partial benefit relating to perquisites.
Against the said order of the CTA, the assessee filed ...... 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)
....ce of Zakat expenses under section 29 and addition under section 30(e) of the Ordinance. The CTA also rejected these grounds and affirmed the order of the DCT relating to these grounds but he allowed partial benefit relating to perquisites. Against the said order of the CTA, the assessee filed ......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
....est to the account of the payee or at the time of payment thereof, whichever is earlier. But in the instant case the Assessee-applicant company deducted the required Advance Income Tax (AIT) from the partial amount of interest which was either actually paid or credited to the accounts of the payee a......nswered 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:
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Category: Fiscal/Taxation Law | Date: 15 Dec, 2014 | Hits: 1
A Kader Zilani (Md.) Vs. State and another, 2014, 43 CLC (HCD)
....ment and order along with the lower Court's record be sent to the concerned Court for information and necessary action. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 130 ......tion Act, 1947 but the answer of the appellant could not be recorded as he was an absconding accused on the date of framing charge and he maintained his such status till 13-10-2008. 4. The prosecution in order to prove the charge examined 13 witnesses in the absence of the convict appella..Category: Anti-Corruption Laws | Date: 3 Dec, 2014 | Hits: 11
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