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Orascom Telecom Bangladesh Limited Vs. Kalipada Mridha and others, 2015, 44 CLC (AD)
....d as expeditiously as possible. Accordingly, both the leave-petitions are disposed of with the above direction. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 292. ......ial use of national anthem. In an open market economy, each of the leave-petitioners can promote its business but it can do so without offending any existing law of the country. Even China where free market economy is booming does not permit commercial use of its national anthem. 19. ......nal anthem, flag and emblem shall be made by law." 13. In accordance with the provisions of the Constitution, National Anthem Rules, 197 8 (in Short, the Rules) were promulgated with effect from 25-10-1978. 14. Schedule-1, Column-1 of the said Rules states the occasion, on which, nati......d as expeditiously as possible. Accordingly, both the leave-petitions are disposed of with the above direction. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 292. ..Category: Constitutional Law | Date: 11 May, 2015 | Hits: 5
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. ......e prosecutrix reached the bedroom of the Romeo, on her own accord and stayed there for quite few days. Meanwhile they two came out and once again went back to the refuge of the appellant. Amidst such free mixing, it is presumed that these two adults, man and woman, amicably indulged in sexual interc......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 Malati Rani Sharma (for short, Malat......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. ..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:
......ender commits an offence which is punishable to death, who is unable to engage a defence lawyer, he is provided with a defence counsel at the cost of the State. He is also provided with all documents free of cost which are relevant for taking his defence before commencement of the trial. Even if he ......section 6(2) of the Ain as ultra vires the Constitution.
2. The High Court Division upon hearing the parties though declared section 6(2) of the Ain, 1995 ultra vires the Constitution, refrained from declaring section 34 of the Ain of 2000 unconstitutional and also did not declare the sentence ...... 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:
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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:
......ender commits an offence which is punishable to death, who is unable to engage a defence lawyer, he is provided with a defence counsel at the cost of the State. He is also provided with all documents free of cost which are relevant for taking his defence before commencement of the trial. Even if he ......section 6(2) of the Ain as ULTRA VIRES the Constitution.
2. The High Court Division upon hearing the parties though declared section 6(2) of the Ain, 1995 ultra vires the Constitution, refrained from declaring section 34 of the Ain of 2000 unconstitutional and also did not declare the sentence ......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
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 ...... they were innocent and falsely implicated. There was the election for the office of chairman and members of Vadeshhar Union Parishad scheduled to be held on 4-2-1992 and on that day there was a free fight at Mirgonj Bazar between the supporters of two contesting chairman candidates and in the ......roll etc. attacked them. Sensing danger P.W.1, Md. Tafazzal Ali, P.W. 3, Sahabuddin, P.W.7, Masque Ahmed and Kalamandar Kha took shelter in an open hut ghar at Mirgonj Bazar 3/4 cubits' away from the place of occurrence. They raised alarm. Then accused Abdus Salam ordered to eliminate them.......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 ..Category: Criminal Law, Procedural Law | Date: 29 Apr, 2015 | Hits: 10
Asek Elahi Vs. Jalal Ahmedand others, 2012, 41 CLC (AD)
....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. ......hase and not a mortgage by conditional sale. A Single Bench of the High Court Division on construction of the documents noticed the beginning words 'kabala for absolute sale of immovable property free from encumbrance' and came to the conclusion that the 'documents themselves seem that t......p; 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 summ......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
....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
......question must be answered for proper and effectual adjudication of the Rule.
10. The principles of natural justice are applied to administrative process to ensure procedural fairness and to free it from arbitrariness. Violation of these principles results in jurisdictional errors. Thu......titioner deposited the licensed gun to the local Police Station on 17-6-2001. The petitioner did never misuse the terms and conditions of the licence and there was no complaint against the petitioner from any quarter in that regard and he was not a charge-sheeted accused in any criminal case.
......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
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 ......r after conferment of right to possession and enjoyment of the mortgaged property or even after conclusion of the 2 auction, though un-successfully. This intention of the Legislature to give almost a free leverage to the decree holder is clear from the provisions mentioned under sub-section 6(Kha) a......nder sub-sections (4) and (5), the decree holder will be at liberty to file an application for conferment of title on it by the Adalat, and once such application is made, the Adalat will even refrain from following the proceedings under subsections (4) and (5) and will confer such title on &quo...... 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 ..Category: Administrative Law, Others | Date: 17 Feb, 2015 | Hits: 4
.... 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:
......;………………………………………
(45) “perquisite” includes—
(a) the value or rent free accommodation;
(b) the value of any concession in the matter of rent respecting any accomm...... Ordinance, 1984 (Ordinance No. XXXVI of 1984)
Sections 2(1)(viii) & 44
Any sum paid by the assessee as Zakat to the Zakat Fund established by the Zakat Ordinance, 1982 is only exempted from tax liability and there is no scope to presume that the Zakat paid by the Bank would be tax exe...... 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: ......;……………………………………… (45) “perquisite” includes— (a) the value or rent free accommodation; (b) the value of any concession in the matter of rent respecting any accomm......1999-2000, 2000-2001, 2001-2002 and 2004-2005 before the Deputy Commissioner of Taxes, Audit Wing, Large Taxpayer’s Unit, Dhaka (shortly, the DCT) deducting various expenditures including Zakat from its income as business expenditure under section 29(1)(xxvii) of the Ordinance for the above me......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
Bangladesh Rural Advancement Committee (BRAC) Vs. Commissioner of Taxes, 2014, 43 CLC (HCD)
....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: ......cts and in the circumstances of the case the learned Taxes Appellate Tribunal is Justified in treating Brac “a wholly charitable organization” in so far as it is not engaged in dispensing free service”. iii) Whether on the facts and the circumstances of the case the learned Ta......two Income Tax Reference Applications were allowed by answering the similar question in negative and in favour of the assessee-applicant to the extent that the assessee-applicant BRAC is not exempted from paying the income tax, therefore, any further deliberation on the similar questions shall ......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
....ed in negative and in favour of the Assessee-applicant.
However, there shall be no order as to costs.
Md. Emdadul Haque Azad J: I agree.
Ed.
This Case is also Reported in:
......g regularly employed by the applicant.
3. Whether, in the facts and on the circumstances of the case, the Tribunal under section 159(2)/29(1) Rule-65 was justified in maintaining cancellation of free sample cancelled by the C.T(A) while the same was allowed by the DCT under Rule-65 of Income Ta...... Assessee-applicant, Astech Limited, filed the instant Income Tax Reference Application, under section 160(1) of the Income Tax Ordinance 1984, with the following formulated question, seeking opinion from this court;
1. Whether, in the facts and on the circumstances of the case, the Tribunal un......ed in negative and in favour of the Assessee-applicant.
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: 15 Dec, 2014 | Hits: 1
A.K.M. Fazlul Haque and Others Vs. Privatization Commission and Others, 2014, 43 CLC (HCD)
...., the Rule is disposed of with the above observations made in the body of the judgment without any order as to costs. Ed. This Case is also Reported in: 68 DLR (HCD) (2015) 17 ......tee/DPC. In case of promotion of a Deputy Director to the post of Director of the Commission, he must have completed a minimum of 5(five) years service and his service record must be satisfactory and free from any blemish or stain. If no Deputy Director having the requisite service length and satisf......PC. In case of promotion of a Deputy Director to the post of Director of the Commission, he must have completed a minimum of 5(five) years service and his service record must be satisfactory and free from any blemish or stain. If no Deputy Director having the requisite service length and satisfactor......, the Rule is disposed of with the above observations made in the body of the judgment without any order as to costs. Ed. This Case is also Reported in: 68 DLR (HCD) (2015) 17 ..Category: Employment/Service Law | Date: 20 Nov, 2014 | Hits: 0
State Vs. Secretary, Ministry of Public Administration and others, 2014, 43 CLC (AD)
....torney-General in that respect as well, as noted down hereinbefore, are expunged. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 271 ......ation be furnished to the accused before the commencement of the inquiry or trial: Provided that the same shall be paid for unless the Magistrate for some special reason thinks fit to furnish it free of cost." 8. A minute reading of the section shows that the legislature has not conte......gation agencies......(10) Inquiry and Investigation— To investigate into a cognizable offence, no order of a Magistrate is necessary. Investigation is totally a different concept from that of inquiry. Inquiry is always to be made by a Magistrate or any person as may be......torney-General in that respect as well, as noted down hereinbefore, are expunged. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 271 ..Category: Criminal Law, Procedural Law | Date: 10 Nov, 2014 | Hits: 4
....sentatives, as the case may be, within 6(six) months from the date of receipt of a copy of the judgment.
Ed.
This Case is also Reported in: 66 DLR (AD) (2014) 274.
...... Therefore, the respondents cannot take the plea of nonpayment of compensation. Moreover, gazette notification has already been published and, as such, the disputed land vested in the Government free from all encumbrances. In such a situation, the Government can only lease out the acquired......efore, the respondents cannot take the plea of nonpayment of compensation. Moreover, gazette notification has already been published and, as such, the disputed land vested in the Government free from all encumbrances. In such a situation, the Government can only lease out the acquired land......sentatives, as the case may be, within 6(six) months from the date of receipt of a copy of the judgment.
Ed.
This Case is also Reported in: 66 DLR (AD) (2014) 274.
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Category: Property Law | Date: 9 Sep, 2014 | Hits: 21
....hrough arbitration expeditiously.
The order of injunction granted earlier by the trial Court is hereby vacated.
Ed.
This Case is also Reported in: 15 BLC (HCD) (2010) 330
......at Liverpool. In the plaint there is no allegation of forgery or misrepresentation or misappropriation or misinter-pretation of clause of agreement in arriving the agreement. Both the parties in free way entered into agreement. It is settled principle of law that unless there is forgery, fraud ......e were no allegation of fraud practice upon the plaintiff.
As per section 10(2) of the Arbitration Act when it is found that there is arbitration proceeding, Court should keep its hands off from the proceeding pending before the Court………(50)
If a Party relies on t......hrough arbitration expeditiously.
The order of injunction granted earlier by the trial Court is hereby vacated.
Ed.
This Case is also Reported in: 15 BLC (HCD) (2010) 330
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Category: Arbitration Law, Civil Law, Procedural Law | Date: 28 May, 2014 | Hits: 7
Md. Abul Bashar Vs. Government of Bangladesh, 2014, 43 CLC (HCD)
....l effect. The order of stay granted earlier is hereby vacated. There would, however, be no order as to cost. Md. Badruzzaman J. - I agree Ed. This Case is also Reported in: ...... wider’ which on their face might seem absolute and arbitrary. 15. It is axiomatic that wider is the discretion greater is the scope for abuse. Public functionaries as human beings are not free from personal bias, beliefs and prejudices to influence their judgments which tend to drive the......e petitioner is a citizen of Bangladesh having requisite qualifications to be appointed as Nikah Registrar. Father of the petitioner was the Nikah Registrar of the said Bhadra Union No.7, who retired from the said post on 01.01.2008. The post of Nikah Registrar thus fell vacant on account of retirem......l effect. The order of stay granted earlier is hereby vacated. There would, however, be no order as to cost. Md. Badruzzaman J. - I agree Ed. This Case is also Reported in: ..Category: Administrative Law, Constitutional Law | Date: 4 May, 2014 | Hits: 5
Ayub Hossain Khan (Md.) Vs. Bangladesh and others, 2014, 43 CLC (AD)
....the learned Advocate and his client resorted to clear fraud upon the Court for which they deserve to be reprimanded. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 215. ......e Department ex-P Hargreaves (19971 WLR 906), on substantive expectation, as opposed to procedural ones, it was held that provided that the public body acted rationally in the Wednesbury sense, it is free to determine where the balance lay between the policy factors pointing towards frustration......, is to be made for the renewal of the lease at the beginning of the year following the expiry of the lease, failing which the lease shall stand cancelled. Having procured registration from the education authority, the petitioner, as the Principal of an Institution named Imam Gazzali ......the learned Advocate and his client resorted to clear fraud upon the Court for which they deserve to be reprimanded. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 215. ..Category: Civil Law, Property Law | Date: 4 May, 2014 | Hits: 20
Sharif Miah Vs. Rina and anothers, 2014, 43 CLC (HCD)
....r shall also be furnished free of cost to the learned Advocates for both sides. Hearing adjourned till 6-4-2014. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 16 ...... Office is directed to send by registered post at once a copies of this order to the Director. DMCH and to the Head of the Forensic Department, DMCH. Copies of this order shall also be furnished free of cost to the learned Advocates for both sides. Hearing adjourned till 6-4-2014. Ed. ......arties Judgment May 3, 2014. Result: The application is allowed with directions. Additional Evidence taken in exceptional situation In the context of the dispute arising from the exceptional situation to determine two fundamental issues, namely (1) the biological rela&s......r shall also be furnished free of cost to the learned Advocates for both sides. Hearing adjourned till 6-4-2014. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 16 ..Category: Civil Law, Women and Children | Date: 3 May, 2014 | Hits: 5
State Vs. Shajahan Bepari and others, 2014, 43 CLC (HCD)
....e is directed to dispose of the case within six months from date. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 140 ...... or by this Court, the prosecution will not have any corresponding right of revival of the proceeding under the repealed provision of section 339D of the Code. The accused appellant will be scot free and no proceeding can be continued against him without a fresh complaint or First Information R...... up the prosecution and to make the trial Court more active so as not to delay the trial of a case unnecessarily. The stopping of a case and the release of an accused would rouse the prosecution from its slumber and would necessarily subject it to accountability. The purpose was not to give the......e is directed to dispose of the case within six months from date. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 140 ..Category: Criminal Law, Procedural Law | Date: 3 Apr, 2014 | Hits: 3
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