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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: ......e J Ali Ahsan Muhammad Mujahid…………………………Appellant Vs. The Government of Bangladesh represented by the Chief Prosecutor, International Crimes Tribunal, Dhaka, Bangladesh……………&hellip...... 5,6 and 7 and sentenced to “single sentence of Death” for the crimes as listed in charge Nos.6 and 7, 5(five) years imprisonment for the Crimes listed in charge No.3 and imprisonment for life for the crimes as listed in charge No.5. No sentence was awarded for the crimes listed in charg..Category: International Crimes Tribunal Law | Date: 18 Nov, 2015 | Hits: 111
....might conduce to miscarriages of justice."
93. He then went on "The Report was not commissioned by the Jammat, but by an NGO called the International Forum for Democracy and Human Rights, with which Toby Cadman and 9 Bedford Row (a rival chambers to mine) are connected-it was the......
Surendra Kumar Sinha CJ
Nazmun Ara Sultana J
Syed Mahmud Hossain J
Hasan Foez Siddique J
Salauddin Qader Chowdhury.........................Appellant
Vs.
Chief Prosecutor, International Crimes Tribunal, Dhaka, Bangladesh........Respondent
Judgment
July 29, ...... house in the evening and found that his brother and uncle were still alive and groaning. They were asking for water and at that time his father was telling to him to leave the place to save his life. He along with his brother thereupon took shelter in the house of Danu Chacha, a neighbour who ..
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. ................Respondent Judgment May 5, 2015 Result: The appeal succeeds. Case Referred to- Sohel Rana Vs. State, 57 DLR 591; Seraj Talukdar Vs. State, 6 BLT (1998) 82 = 3 BLC 182; Ja...... short, the tribunal) convicting the appellant under section 9(1) of Nari-o-Shishu Nirjatan Daman Ain, 2000 (in brief, Act VIII of 2000) and there under sentencing him to suffer imprisonment for life coupled with a fine of Taka 5,000 in default to suffer rigorous imprisonment for one year ..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:
...... 1(SCC)(1976)560; Jagmohan Singh Vs. State of UP, 1(SCC)(1973)20; Maneka Gandhi Vs. Union of India, AIR 1978(SC) 597; Bachan Singh Vs. State of Panjab 2(SCC)(1980)684; James Tyone Woodson and Luby Waxton Vs. State of North Carolina, 428 US 280; Trop Vs. Dulles, 356 US; Ong Aha Chuan Vs. Public Prose......ciary has been transgressed by the executive by legislating a provision which is inconsistent with Articles 31 and 35(5) of the Constitution. It is finally contended that no action detrimental to the life, liberty, body and reputation of a citizen can be taken away except in accordance with law.
..
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:
......d heard in accordance with the provisions of the Ain of 1995, but the sentences prescribed in respect of similar nature of offences in the Ain of 2000 shall be applicable.
There shall be no mandatory sentence of death in respect of an offence of murder committed by an offender who is under a se......ar nature of offences in the Ain of 2000 shall be applicable.
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.
Cases Referred to-
Patrick Reyes Vs. The Queen in Privy Council App..
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 ......15. Result: The appeal is allowed in part. Jurisdiction of this Court in dealing with an appeal against an order of acquittal is circumscribed by the limitation that no interference is to be made with the order of acquittal unless the approach made by the lower Court to the considerat......2 of the Code of Criminal Procedure. The trial Court convicted the respondent Nos.1 to 4 and 6 to 10 under sections 302/34 of the Penal Code and sentenced each of them to suffer imprisonment for life and to pay fine of Taka 5,000, in default, to suffer rigorous imprisonment for one year mo..Category: Criminal Law, Procedural Law | Date: 29 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 ......hellip;…………………………Opposite Parties Judgment April 20, 2015. Result: The Rule is discharged. Case Referred to- Mirza Vs. Government of the Peoples Republic of Bangladesh, 31 DLR (AD) 1; Basanta Chandra ......ore this Court. But the Court opines that police cannot absolve their responsibility just by saying that Salauddin Ahmed is not under their custody. The State has a responsibility to protect the life and liberty of its citizen. The reply of police that Salauddin Ahmed is not under their cu..Category: Criminal Law, Procedural Law | Date: 20 Apr, 2015 | Hits: 2
Muhammad Kamaruzzaman Vs. The Government of Bangladesh, 2015, 44 CLC (AD)
....ke treason and espionage. INTERNATIONAL LAW ON CAPITAL PUNISHMENT 45. International Law does not prohibit death penalty. Article 6(5) of International Convention on Civil and Political Rights (ICPR) adopted by the UN General Assembly in 1966 provides that death penalty can be imposed ......; The Government of Bangladesh represented by the Chief Prosecutor, International Crimes Tribunal, Dhaka…………………&he......nda Organic Law indicates that even for genocide and Crimes against Humanity, the ordinary penal code sentences shall apply with certain modifications, which include heightened penalties of death and life imprisonment, respectively, for categories 1 and 2 perpetrators. 44. Even the United Kingd..Category: Criminal Law, International Crimes Tribunal Law | Date: 5 Apr, 2015 | Hits: 60
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. ......vous or simple, it has prescribed two kinds of punishments (i) sentence of death if anyone causes the death of a ‘নারী’ for dowry and (ii) imprisonment for life if anyone attempts to cause death of a ‘নারী’ for dowry and in both the cases, fine has to be also ......t speak of any hurt grievous or simple, it has prescribed two kinds of punishments (i) sentence of death if anyone causes the death of a ‘নারী’ for dowry and (ii) imprisonment for life if anyone attempts to cause death of a ‘নারী’ for dowry and in both the cas..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
......nt
March 2, 2015.
Result:
The Rule is made absolute.
In the absence of any substantial and concrete materials on record it is difficult for a man of ordinary prudence to place his reliance, in this case on annexure-'3' so far as it relates to the petitioner. ......;s father under the name and style "Moulvi Abdul Hye Memorial Trust" and a school-cum-college in the name of Moulvi 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 secur..
Category: Constitutional Law | Date: 2 Mar, 2015 | Hits: 23
.... 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:
......eps under section 161(2) of the Income Tax Ordinance, 1984.
Md. Habibul Gani, J: I agree.
Ed.
This Case is also Reported in:
......ation;
(b) the value of any concession in the matter of rent respecting any accommodation;
(c) any sum payable by the employer, whether directly or indirectly, to effect an insurance on the life of, or to effect a contract for an annuity for the benefit of, the assessee or his spouse or an..
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: ......section 161(2) of the Income Tax Ordinance, 1984. Md. Habibul Gani J.- I agree. This Case is also Reported in: ......ation; (b) the value of any concession in the matter of rent respecting any accommodation; (c) any sum payable by the employer, whether directly or indirectly, to effect an insurance on the life of, or to effect a contract for an annuity for the benefit of, the assessee or his spouse or an..Category: Fiscal/Taxation Law | Date: 11 Jan, 2015 | Hits: 58
....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
...... way is, of course, unreasonable, arbitrary, unfair and unlawful, which is interfereable by this Court invoking its jurisdiction under Article 102 of the Constitution….. (18)
Customs Agents (Licensing) Rules, 2009; Rules 5 and 6
Once the petitioners obtain C & F l...... in accordance with law, is the inalienable , 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 w..
Category: Constitutional Law, Fiscal/Taxation Law | Date: 8 Dec, 2014 | Hits: 3
Shariful Alam (Babu) (Md.) Vs. State and another, 2014, 43 CLC (HCD)
....sfaction of the trial Court till conclusion of the trial. Let a copy of this order be sent to the Court concerned with LCR. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 182 ......r in Due Course for Consideration– Whenever a person will be holder in due course he must become holder in due course for consideration and section 118 of the Act has given more privileges to the holder in due course which provides that until the contrary is proved it is to be presumed th......s and on conclusion of the trial the accused petitioner Robin was found guilty under sections 7 and 9(3) of the Ain and was sentenced to suffer rigorous imprisonment for 14 years and imprisonment for life respectively. Since the statutory period of filing of the appeal had expired accused Robin file..Category: Criminal Law | Date: 2 Dec, 2014 | Hits: 9
Ruhul Amin (Md.) and oth¬ers Vs. Mustafizur Rahman and others, 2014, 43 CLC (HCD)
....ule stands vacated. Communicate the judgment and order immediately and send back the lower Court's record at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 259 ...... that the land described in the schedule of the plaint suffers from any vagueness or unspecification the plaintiff must suffer.....(15) Credible Evidence— The plaintiffs in order to succeed must establish their own case by credible evidence and weakness of the defendants is no g......admittedly the suit land originally belonged to one Yousuf Mollah and it is the case of the plaintiffs that Yousuf Mollah died leaving behind his three daughters. His another daughter died during his life time leaving one son Ahmed Ullah and Vis-a-vis it was contended from the side of the defendants..Category: Civil Law, Property Law | Date: 16 Nov, 2014 | Hits: 10
Yunus (Md.) Vs. State & another, 2014, 43 CLC (HCD)
.... Let the lower Court's record along with a copy of this judgment be sent down to the concerned Court below at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 97 ...... Vs. State & another…………………..Opposite-Parties Judgment August 13, 2014 Result: The Rule is discharged. Case Referred to- State Vs. Iqbal Hossain, 48 DLR (AD) 100; Khurshid Alam Vs. Azizur Rahman, 9 BLC (AD) 241; ......he way of his business as a banker, merchant, factor, broker, attorney or agent, commits criminal breach of trust in respect of that property, shall be punished with [imprisonment] for life, or with imprisonment of either description of a term which may extend to ten years, and shall ..Category: Criminal Law, Procedural Law | Date: 13 Aug, 2014 | Hits: 8
Peoples Insurance Company Limited Vs. Commissioner of Taxes, 2014, 43 CLC (HCD)
....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: ...... assessee. The Income Tax Ordinance, 1984 (Ordinance No. XXXVI of 1984) Section 29(viii) Under section 29(viii) of the Income Tax Ordinance 1984, any amount paid by an assessee company to its employee and styled as entertainment allowances are admissible as deduction in the computatio......hey disallowed the excess. the Appellate Tribunal allowed the same as business expenditure. Held, that the profits and gains of any business of insurance other than life insurance are required to be taken as disclosed in its annual accounts as furnished to the Cont..Category: Fiscal/Taxation Law | Date: 24 Jul, 2014 | Hits: 0
State Vs. Robin, 2014, 43 CLC (AD)
.... with law. The accused respondent Robin be enlarged on bail to the satisfaction of the trial Court till conclusion of the trial. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 272. ......may disbelieve evidence of the witness. Because the case is one of no evidence………………............ (10) Lawyers Involved: Biswajit Deb Nath, Deputy Attorney-General, instructed by Sufia Khatun, Advocate-on-Record—For the Petitioner. Md Khu......er rigorous imprisonment for 14 years and to pay a fine of Taka 1,000 in default to suffer rigorous imprisonment for 1(one) month more, and under section 9(3) to suffer rigorous imprisonment for life and a fine of Taka 1,00,000 in default to suffer rigorous imprisonment for 3 (three) years..Category: Criminal Law, Women and Children | Date: 24 Jul, 2014 | Hits: 16
....n to interfere with the decision of the High Court Division. Accordingly, the criminal petition for leave to appeal is dismissed.
Ed.
This Case is also Reported in: 67 DLR (AD) (2015) 54.
........Petitioner
Vs.
State, represented by the Deputy Commissioner, Narail.......Respondent
Judgment
June 20, 2014.
Result:
The Petition is dismissed.
Fact to prove
Under section 106 of the Act when any fact is especially within the knowledge of......sing the appeals, altering the conviction and sentence.
2. The relevant facts, for disposal of the case, are that the deceased Kohinoor was married with accused Mahabur Sheikh and their conjugal life continued for four years and it ended with the diabolical murder of the victim, wife. The ..
Category: Women and Children | Date: 20 Jun, 2014 | Hits: 15
State and another Vs. Abdul Kader @ Mobile Kader and others, 2014, 43 CLC (AD)
.... under sections 302/120B of the Penal Code and he be released from Jail at once, if not wanted, in connection with any other case. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 6. ...... May 14, 2014. Result: Criminal Appeal No.22 of 2010 is allowed. Criminal Appeal No.23 of 2010 is dismissed. Criminal Appeal No.24 of 2010 is allowed. Case Referred to- Mirza Akbar Vs. King of Emperor, AIR 1940 PC 176; Williams and Coleridge, JJ, Reg Vs. Blake...... sentenced them to death with fine, the appellant Ataur Rahman, the respondent Abdur Razzak Khan and two others guilty under sections 302/120B of the Penal Code and sentenced them to imprisonment for life with fine. 4. Convict Jane Alam @ Boro Bhai, Bazlur Rahman @ Bazlu, Ataur Rahman, Bazlur R..Category: Criminal Law | Date: 14 May, 2014 | Hits: 16
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