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State Vs. Md. Golam Rabbani, 2016, 45 CLC (HCD)

.... his wife Shirina Khatun in the name of going abroad from her brother. Shirina Khatun denied, at which all the three accused started torture to her. Shirina Khatun at a stage of that finding no other alternative managed Taka 60,000 (sixty thousand) from the informant and handed over it to her husban......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   ..

Category: Evidence Law | Date: 6 Dec, 2015 | Hits: 6

Ali Ahsan Muhammad Mujahid Vs. The Government of Bangladesh, 2015, 44 CLC (HCD)

....d and Tobago retain mandatory death sentence for murder, while some 13 (thirteen) countries prescribe mandatory death sentence for drug trafficking, while 33 (thirty three) countries have death as an alternative sentence for the said offence. Punishment is the way in which society expresses its......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: ..

Category: International Crimes Tribunal Law | Date: 18 Nov, 2015 | Hits: 111

Nurun Nabir Sarker Vs. Secretary, Ministry of Education and Others, 2015, 44 CLC (HCD)

....্নিং বডি ও ম্যানেজিং কমিটি)প্রবিধানমালা, ২০০৯,”  the (ANNEXURE)-C) and finding no other equally efficacious alternative remedy available in law, your humble petitioner begs to file this petition under Article......নিং বডি ও ম্যানেজিং কমিটি)প্রবিধানমালা, ২০০৯,”  but the respondents remained silent without considering the prayer of the petitioner and without giving any reply; that though the said application has duly bee..

Category: Administrative Law, Employment/Service Law | Date: 10 Nov, 2015 | Hits: 0

Abdul Hamid Chowdhury (Iqbal) and Others Vs. Artha Rin Adalat and Others, 2015, 44 CLC (HCD)

....to give a fresh decision after hearing the parties in accordance with law at the earliest. Communicate at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 148   ......e defendants on the same date i.e. on the date of fixed for ex-parte decree appeared with an application (Annexure-D) stating the reasons for delay in filing the written statement and made a positive prayer for hearing the suit on contest upon accepting the written statement. 3. Curiously enoug..

Category: Banking Law | Date: 5 Nov, 2015 | Hits: 3

City Vegetable Oil Mills Ltd Vs. Commissioner, Customs, Excise & Vat and Others, 2015, 44 CLC (HCD)

....oncerned. Being aggrieved by such demands and actions, the petitioner served a notice demanding justice dated 12-6-2004, whereupon the respondent No. 2 informed the petitioner that the petitioner had alternative remedy against such actions under section 9(2ka) and (2Kha) of the VAT Act, 19......d in Clauses-'Ka' to 'Ta' of sub-section (1) of section 9. Which means, the Legislature, at the relevant time, did not contemplate such a situation of taking excess rebate by Vat prayer due to increase of price of the raw materials without revised price declaration being approve..

Category: Fiscal/Taxation Law | Date: 30 Aug, 2015 | Hits: 5

Turfatur Ain Chowdhury Vs. Artha Rin Adalat Dhaka and Others, 2015, 44 CLC (HCD)

.... as defendants against whom any right to relief in respect of or arising out of the same act or transaction or series of acts or transactions is alleged to exist, whether jointly, severally or in the alternative, where, if separate suits were brought against such persons, any common question of law ......tha Rin suit No. 1 of 2011. 11. Mr. Siddique also places the provisions of section 5(2) & 5(3) in tandem with Order 34 rules 2-6 of the CPC and side-by-side the prayer made in the suit and submits that the suit under question has been filed by the plaintiff as ..

Category: Constitutional Law, Procedural Law | Date: 25 Aug, 2015 | Hits: 4

Major General Abdus Salam (Retd) Vs. Bangladesh Election Commission and another, 2015, 44 CLC (AD)

....ispose of the same in accordance with law expeditiously keeping in view the observations made here­inbefore in this judgment. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 289 ......VII, rule 11 of the Code under which the applications were filed for rejection of the election petitions and that provision of the Code has not contem­plated rejection of plaint for addition of a prayer than the law requires. Points, can very well be decided along with the other issues involved ..

Category: Civil Law, Election Law | Date: 13 Aug, 2015 | Hits: 30

Salauddin Qader Chowdhury Vs. Chief Prosecutor, International Crimes Tribunal, Dhaka, Bangladesh, 2015, 44 CLC (AD)

....­tary evidence prove beyond doubt regarding the presence of Salauddin Qader Chowdhury at Chittagong during the period of liberation till August 1971, and the existence of Captain Karim. Or in the alternative, the defence has admitted the presence of Salauddin Qader Chowdhury and existence of Cap......round 9-00 am to 10-00am accused Salauddin Qader Chowdhury led the Pakistani Army to Kundeshwari Owsadalay of Gohira and entered into the household of Sree Nuton Chandra Singha who was performing his prayer at that time in the temple, a Hindu religious prayer place, accused Salauddin Qader Chowdhury..

Category: International Crimes Tribunal Law | Date: 29 Jul, 2015 | Hits: 38

Esrarul Huq Chowdhury Vs. Government of the People's Republic of Bangladesh and Others, 2015, 44 CLC (HCD)

....w about the said orders, the period of limitation as provided under section 148 of the State Acquisition and Tenancy Act has already been expired and the petitioner was no other efficacious alternative forum, but to file this writ petition. 3. None of the respondents filed any affidav......n that he should refrain from doing any illegal activities by abusing his official power. No order as to cost. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 173.   ..

Category: Constitutional Law, Property Law | Date: 28 Jun, 2015 | Hits: 1

Bangladesh Legal Aid and Services Trust (BLAST) and others Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs, Dhaka and others, 2015, 44 CLC (AD)

....ides a mandatory death penalty cannot be in accordance with the Constitution as it curtails the court’s jurisdiction to adjudicate on all issues brought before it including the imposition of an alternative sentence upon the accused if he is found guilty of such offence. A pertinent question of...... 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: ..

Category: Criminal Law, Women and Children | Date: 5 May, 2015 | Hits: 83

Bangladesh Legal Aid and Services Trust (BLAST) and others Vs. Shafiqul Islam & Others, 2015, 44 CLC (AD)

....ides a mandatory death penalty cannot be in accordance with the Constitution as it curtails the Court’s jurisdiction to adjudicate on all issues brought before it including the imposition of an alternative sentence upon the accused if he is found guilty of such offence. A pertinent question of......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: ..

Category: Criminal Law, Women and Children | Date: 5 May, 2015 | Hits: 86

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. ......ained in the Execution Application and Decree. The Petitioners now contend that the Court in violation of law published the auction notice and amended the schedule to the Execution Application on the prayer of the Decree-Holder and, as such, the Impugned Order allowing cor­rection of the schedul..

Category: Banking Law, Others | Date: 27 Apr, 2015 | Hits: 10

Hasina Ahmed Vs. State, 2015, 44 CLC (HCD)

....ule for the production of the body of Shahjahan has become infructious as in our opinion, he is not at the present moment, in the custody of the respondents. Under the circumstances, we have no other alternative but to discharge the Rule without any order as to costs." (emphasis supplied) ......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 ..

Category: Criminal Law, Procedural Law | Date: 20 Apr, 2015 | Hits: 2

Muhammad Kamaruzzaman Vs. The Government of Bangladesh, 2015, 44 CLC (AD)

....d and Tobago retain mandatory death sentence for murder, while some 13 (thirteen) countries prescribe mandatory death sentence for drug trafficking, while 33 (thirty three) countries have death as an alternative sentence for the said offence. (Penal Reform International) 43. Although it is true......rationale along side the doctrine of proportionality. In doing so we took account of all aggravating and mitigating factors and there is no error that can be traced from the Judgment and hence review prayer on that account is also destined to flop. 84. This is also to be borne in mind that our ..

Category: Criminal Law, International Crimes Tribunal Law | Date: 5 Apr, 2015 | Hits: 60

Asek Elahi Vs. Jalal Ahmedand others, 2012, 41 CLC (AD)

....f property Act and the period of limitation for redemption of such mortgage is 60 years from the date of expiry of years from 21 April 1941. The suit is, therefore, not barred by limitation or in the alternative, the transaction is not past and closed one…….. (33) it does not appe......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

Durnity Daman Commission, represented by its Chairman, Dhaka Vs. M Sahabuddin Ahmed and others, 2015, 44 CLC (AD)

....t III of the constitution. The High Court Division thus made fundamen­tal error in quashing the proceeding in exercise of its extraordinary jurisdiction in failing to consider that in presence of alternative remedy available to him it cannot quash a proceeding. The judgment of the High Court Div......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

Sohan Kumar Agarwala Vs. Assistant Registrar, Department of Patents Designs and Trade Marks and another, 2015, 44 CLC (AD)

....n. Since the question would need deter­mination of fact as indicated hereinbefore, it should be thrashed outright before the statuto­ry authority. In that view of the matter, we find no other alternative but to send the matter back to the Registrar Trade Mark for hearing the opposition case ......fixed the final date for hear­ing the opposition case on 10-2-2008 allowing clearly statutory one month's time, he filed an application for allowing him to submit some additional grounds; the prayer was allowed. Then some additional grounds to the effect that the deed of assignment dated 30-..

Category: Intellectual Property Law | Date: 9 Feb, 2015 | Hits: 20

Star Vegetable Oils Limited, 195 Motijheel C/A, Dhaka Vs. The Commissioner of Taxes, Taxes Zone-03, Dhaka, 2015, 44 CLV (HCD)

....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:     ......ion that no such assessment order was served upon him, it was required on the part of the first appellate authority to consider the same and to mention at least a single word as to non-cogency of the prayer for condonation of delay in the first appellate order, and since, this has not been done,&nbs..

Category: Fiscal/Taxation Law | Date: 14 Jan, 2015 | Hits: 1

Bangladesh Rural Advancement Committee (BRAC) Vs. Commissioner of Taxes, 2014, 43 CLC (HCD)

....rly that though, in general, income from property held in trust wholly for religious or charitable purpose is exempted from income tax, but when the said property is a ‘business’ then two alternative have been imposed for getting that exemption. -------------------------------------......uestion 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: ..

Category: Fiscal/Taxation Law | Date: 24 Dec, 2014 | Hits: 0

Singer Bangladesh Ltd Vs. National Board of Bangladesh, 2014, 43 CLC (HCD)

....copy of this judgment be sent to the office of the Comptroller and Auditor General for future reference and guidance. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 73   ...... "Let a Rule Nisi be issued calling upon the respondents to show cause as to why the proceeding vide Order under Nothi No. 8/dated 18-4-2010 (Annexure-D) by the respondent No.3 rejecting the prayer of the petitioner and making demand under section 55(1) of the Value Added Tax Act, 1991..

Category: Constitutional Law, Fiscal/Taxation Law | Date: 15 Dec, 2014 | Hits: 5