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....end down the Lower Court’s Record with a copy of this judgment to the concerned Court immediately.
Soumendra Sarke J. — I agree.
Quazi Reza-Ul Hoque J.—I agree.
Ed.
......thers………………...Respondents
Judgment
March 29, 2016.
Result:
The Petition is dismissed.
Every fact which would be necessary for the plaintiff to prove, if traversed, in order to support his right to the judgment of the Court. Negativel......e set of facts which gives rise to a legal action and is to be proved to entitle the plaintiff to succeed in the suit. It has little relation either to the defence to be taken by the defendant or the nature of relief to be prayed for by the plaintiff in the suit.”
And also in the case of ..
Category: Arbitration Law, Civil Law | Date: 29 Mar, 2016 | Hits: 142
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 ......s. Md. Golam Rabbani………………Respondent Judgment December 6, 2016 Result: The Death Reference No.48 of 2010 is accepted. The Criminal Appeal is dismissed. Evidence Act (1 of 1872); Section 106 Section 106 of t......the onus heavily and entirely lies on the husband as the fact is especially within the knowledge of the husband Golam Rabbani. Section 106 of the Evidence Act is very much clear in the said nature of fact………….(37) Case Referred to- Habibur Rahman @ Hab..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: ......Appellate judgment. Hence, the review petition is dismissed. Ed. This case is also Reported in: ......tached to the judgment delivered by a court, particularly the judgments at the apex level of the judicial hierarchy, upon a full-fledged hearing of the parties, a review petition being neither in the nature of a rehearing of whole case nor being an appeal against judgment, review is not permissible ..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
......, 3, 4, 5, 6, 8, 17 and 18 are hereby maintained.
Ed.
This Case is also Reported in: 67 DLR (AD) (2015) 295
......wers after talking to Nutan Chandra Singha left the place and 10/15 minutes thereafter, they came back and soon thereafter, they heard sounds of firing and having realised sensing of somewhat serious nature, they thought not to stay there - they went to neighbour Ahmed Basar's house and requeste..
Category: International Crimes Tribunal Law | Date: 29 Jul, 2015 | Hits: 38
.... 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:
......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:
...... object of giving such discretionary power to the courts is obvious, say, if a grievous hurt is caused with a sharp cutting weapon which caused fracture of a finger, though the offence is grievous in nature and punishable under section 326, the court will not give the same sentence if the eyes of a ..
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:
...... under a sentence of life imprisonment.
Ed.
This Case is also Reported in:
......5, the pending cases and pending appeals in respect of those offences shall be tried and 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..
Category: Criminal Law, Women and Children | Date: 5 May, 2015 | Hits: 86
....upon the holding of such AGM.
The cost of this Application shall be borne out of the funds of the Company.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 326
......ication shall be borne out of the funds of the Company.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 326
...... is indeed otherwise its statutory obligation so to do. Indeed, he cites one particular reason why such favourable intervention becomes all the more compelling. That has to do with the very nature of engaging the Ells in the evaluation of an indicative price of the Company's shares und..
Category: Company Law | Date: 15 Apr, 2015 | Hits: 7
Lutfor Rahman Mollah (Md.) and another Vs. M Safiul-Alam, 2015, 44 CLC (HCD)
....ourt stands vacated. Let a copy of this judgment be communicated to the Courts concerned at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 317. ...... DLR (HCD) (2015) 317. ......ot through Rent Control Case No. 37 of 2010 or the petitioners are defaulters in payment of rent or not which is the subject matter of the said Rent Control case. In any event, in a suit of this nature the plaintiffs are entitled to get the reliefs, as sought for. 19. By the way, it may be..Category: Civil Law, Procedural Law | Date: 13 Apr, 2015 | Hits: 10
Anti-Corruption Commission Vs. A.A.M Habibur Rah¬man and anothers, 2015, 44 CLC (AD)
....ed to proceed with the cases in accordance with law. Accordingly, all the petitions are disposed of. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 278 ....... Accordingly, all the petitions are disposed of. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 278 ......lished against him .......... (47) Investigation within Stipulated Period— The provision of completion of the investigation within stipulated period is not mandatory in nature. Non submission of report by the investigating officer within 45 working days cannot be a goo..Category: Anti-Corruption Laws, Criminal Law | Date: 12 Apr, 2015 | Hits: 8
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: ......e limitations that a review petition faces. Resultantly, the instant review petition is dismissed. Ed. This Case is also Reported in: ......ning death penalty. The community may entertain such a sentiment when the crime is viewed from the platform of the motive for, or the manner of commission ofthe crime, or the anti-social or abhorrent nature of the crime, such as for instance: I. Manner of commission of murder 33. When the murde..Category: Criminal Law, International Crimes Tribunal Law | Date: 5 Apr, 2015 | Hits: 60
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. ......arned brother, Md. Abdul Wahhab Miah, J. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 5. ......leaving ownership with the borrower. A further improvement was achieved in the 'Hypotheca' which retained both possession and ownership with the debtor giving the creditor a real right in the nature of servitude over the property. Ultimately the power of sale was conferred on the pledge, and..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. ......d 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. ......ssion of the learned Advocate-on-Record made on behalf of the appellant to the effect "the injury certificate issued by Dr. Md. Sirajul Islam (P.W.10) shows that "all injuries are simple in nature" and hence the order of conviction and sentence to suffer rigorous (sic) impris..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
......ed to be without lawful authority and of no legal effect.
Ed.
This Case is also Reported in: 20 BLC (HCD) (2015) 279
......ocedural ultra vires. It is, however, impossible to give an exact connotation of these principles as its contents are flexible and variable depending on the circumstances of each case, i.e., the nature of the function of the public functionary, the rules under which he has to act and the subjec..
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 ...... of the decree in accordance with law. Communicate this at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 199 ......said provisions under sub-section (7) is that the provisions under sub-sections (1), (2), 2(Ka), 2(Kha), 2(Ga) and (3) of section 33 cannot be jeopardized. In other words, it recognizes the mandatory nature of the 1st auction in view of subsections (1), (2), 2(Ka), 2(Kha), 2(Ga) and (3). Thus, ..Category: Administrative Law, Others | Date: 17 Feb, 2015 | Hits: 4
....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.
......ccordingly, disposed of with the above observations and directions.
Ed.
This Case is also Reported in: 20 BLC (AD) (2015) 127.
......we dismiss the petition as prayed for, the judgment of the High Court Division shall remain with the record and in that case, the Special Judges will be confused in disposing of cases of similar nature since the judgment of the High Court Division is binding upon them. Under such circumsta..
Category: Criminal Law | Date: 12 Jan, 2015 | Hits: 6
.... 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:
...... section 161(2) of the Income Tax Ordinance, 1984.
Md. Habibul Gani, J: I agree.
Ed.
This Case is also Reported in:
......fore, Bangladesh Bank has neither any authority nor jurisdiction to prescribe any guidelines which will have any effect directly or in directory on the taxation laws.
(vii) by a circular, in the nature of a Sub-ordinate legislation, the provisions of a principal legislation cannot be over ruled..
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: ......61(2) of the Income Tax Ordinance, 1984. Md. Habibul Gani J.- I agree. This Case is also Reported in: ......fore, Bangladesh Bank has neither any authority nor jurisdiction to prescribe any guidelines which will have any effect directly or in directory on the taxation laws. (vii) by a circular, in the nature of a Sub-ordinate legislation, the provisions of a principal legislation cannot be over ruled..Category: Fiscal/Taxation Law | Date: 11 Jan, 2015 | Hits: 58
....he result, the Income Tax Reference Application is rejected.
However, there shall be no order as to costs.
Md. Emdadul Haque Azad, J: I agree.
Ed.
This Case is also Reported in:
.......
However, there shall be no order as to costs.
Md. Emdadul Haque Azad, J: I agree.
Ed.
This Case is also Reported in:
......t Income Tax Reference Application.
Argument of the Commissioner-applicant:
6. The learned Deputy Attorney General Mr. S. Rashed Jahangir while facing the question from this court as to the nature of the question as has been formulated in the instant Income Tax Reference Application, frank..
Category: Fiscal/Taxation Law | Date: 7 Jan, 2015 | Hits: 1
Sonali Bank Limited Vs. UT Garments Limited and others, 2014, 43 CLC (HCD)
.... In the result, the rule is discharged without any order as to costs. Communicate this order at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 265. ......at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 265. ......neficial to litigant shall be accepted. 7. It is admitted position that Artha Rin Adalat Ain, 2003 is a special law. Special law has special meaning that means the law applies to particular nature or class of persons given in the legacy that means law applicable to a particular sub&sh..Category: Banking Law | Date: 4 Dec, 2014 | Hits: 4
....her signed copy of the order of committal be kept with record, for ready reference, if so required.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 225
......ecord, for ready reference, if so required.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 225
......terms and for imposing exemplary fine, which is just and proper in this case, so that the would be violators of this Court's order can be dettered from committing contempt of court so grievous in nature.
6. The learned advocate Mr. Rais Uddin Ahmed, appearing for the contemner Nos.1 and 2, ..
Category: Constitutional Law, Contempt of Court Law | Date: 4 Dec, 2014 | Hits: 10
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