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The State Vs. Mr. Swadesh Roy and another, 2015, 44 CLC (AD)
....ng of this Court, this day and to pay a fine of Tk.10,000/-(Ten thousand) each to be contributed to two charitable organizations within one week from date, failing which, they shall suffer seven days simple imprisonment. Ed. This Case is also Reported in: ......sand) each to be contributed to two charitable organizations within one week from date, failing which, they shall suffer seven days simple imprisonment. Ed. This Case is also Reported in: ..Category: Constitutional Law, Contempt of Court Law | Date: 13 Aug, 2015 | Hits: 97
....y would defeat him and in reply Nutan Chandra told him that Chowdhury if you were defeated that you would not lose your Zamindary; that in reply Chowdhury stated to Nutan Babu that he (Nutan) being a simple minded person did not comprehend the impact of losing the election.
18. He further state......ssed his view to the Pakistani invading force that he had instructions from his father to kill Nuton Chandra Singha. Upon hearing the same, the army opened fire at him who fell down sustaining bullet injuries. While Nuton Chandra Singha was trembling, at the same time Salauddin Qader Chowdhury ..
Category: International Crimes Tribunal Law | Date: 29 Jul, 2015 | Hits: 38
....t was observed that the provision of mandatory death penalty is ultra-vires the Constitution, inasmuch as, when the legislature prescribes any punishment as mandatory, the hands of the court become a simple rubberstamp of the legislature and that this certainly discriminates and prejudices the court......r Sukur Ali was found under lock and key and on entering into the house, the deadbody of the victim was found inside the house and it was detected that her wearing ornaments were missing and marks of injuries with emission of reddish liquid from her genital organ were found. The appellant was caught..
Category: Criminal Law, Women and Children | Date: 5 May, 2015 | Hits: 83
....observed that the provision of mandatory death penalty is ultra-vires the Constitution, inasmuch as, when the legislature prescribes any punishment as mandatory, the hands of the Court become a simple rubberstamp of the legislature and that this certainly discriminates and prejudices the Court......; under lock and key and on entering into the house, the dead body of the of the victim was found inside the house and it was detected that her wearing ornaments were missing and marks of injuries with emission of reddish liquid from her genital organ were found. The appellant was caught..
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 ......t dagger blow at the back of the head of deceased Nanu Niah, accused Muslem Uddin inflicted kiris blow on the hand of Faruque Uddin and accused Jamal Uddin assaulted him by roll causing bleeding injuries, accused Faruque inflicted dagger blow at the neck below ear of P.W. 2, Jam Uddin, accused ..Category: Criminal Law, Procedural Law | Date: 29 Apr, 2015 | Hits: 10
Muhammad Kamaruzzaman Vs. The Government of Bangladesh, 2015, 44 CLC (AD)
....y canvassed, the petitioner put a ground to the effect that to attract Crimes Against Humanity the offence has to be wide spread and systematic. 87. This again falls out of consideration for the simple reason that nothing in Section 3 imports any such requirement. This is an International Law r......eme Court deemed appropriate a death sentence passed on a convict, in the absence of extenuating circumstances, on a convict who killed a woman who was alone in the house by inflicting several brutal injuries. 59. Punishment rational of ‘just desert’, the modern form of retributive ..Category: Criminal Law, International Crimes Tribunal Law | Date: 5 Apr, 2015 | Hits: 60
Asek Elahi Vs. Jalal Ahmedand others, 2012, 41 CLC (AD)
....editor acquired a power. But this was not a convenient form of mortgage, because, if the lender sold away the property the borrower could not follow it in the hands of the purchaser; so, in time, the simple form of 'pignus' came to supersede it. While the 'Fiducia' gave the lender bo......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)
....ed by the DC, Lalmonirhat ..........Respondent Judgment March 8, 2015. Result: The appeal is allowed in part. Clause (ka) of section 11 does not speak of any hurt grievous or simple, it has prescribed two kinds of punishments (i) sentence of death if anyone causes the death ......consider the submission 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 ri..Category: Criminal Law, Women and Children | Date: 8 Mar, 2015 | Hits: 18
State Vs. Engineer Monjurui Ahsan Munshiand another, 2015, 44 CLC (AD)
.... the respondent guilty and convicted him under section 26(2) of the Dumity Daman Commission Ain, 2004 read with rule 15(Gha)(5) of the Bidhimala, 2007 and sentenced him thereunder to suffer simple imprisonment for 3(three) years and also convicted him under section 27(1) of the Ain, 2004 r......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 ..Category: Criminal Law | Date: 2 Feb, 2015 | Hits: 11
Singer Bangladesh Ltd Vs. National Board of Bangladesh, 2014, 43 CLC (HCD)
....otice in whatever form (either direct demand or notice under section 55(1) of the VAT, Act) under the direction or at the dictate or behest of local and Revenue Audit Department Directorate clear and simple. Only the procedure laid down in the VAT Act shall apply in so doing. Failure shall result in......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 ..Category: Constitutional Law, Fiscal/Taxation Law | Date: 15 Dec, 2014 | Hits: 5
Ferdous Ara Zainul Vs. Mahmuda Khatun and others, 2014, 43 CLC (HCD)
.... section 115 of the CPC together with the impugned order and the annexures appended thereto and we have also minutely considered the decisions and relevant laws placed before this Court. 10. The simple issue for adjudication by this Court is whether the refusal by the learned Joint District Jud......the date of receipt of this order, without allowing any application for adjournment if filed by any of the parties to the suit. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 149. ..Category: Civil Law, Procedural Law | Date: 11 Dec, 2014 | Hits: 19
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. ...... class or object. The special law is the law which gives rise to special cause of action and which itself provides for the method of enforcement of rights conferred by that Act or for redress of injuries suffered by the application of the provision of that Act. That means Special law means..Category: Banking Law | Date: 4 Dec, 2014 | Hits: 4
....guilty of committing contempt of this court. His apology is rejected. Further, considering the aggravating factors, hereinbefore recorded at paragraph number 23, he is hereby sentenced to suffer simple imprisonment for a period of 4(four) months, with immediate effect and to pay a fine of Taka ......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
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Category: Constitutional Law, Contempt of Court Law | Date: 4 Dec, 2014 | Hits: 10
Shariful Alam (Babu) (Md.) Vs. State and another, 2014, 43 CLC (HCD)
....ase No. 5674 of 2010 arising out of CR case No. 615/10 convicting accused petitioner under section 138 of the Negotiable Instruments Act, 1881 (in short, the NI Act) and sentencing him to suffer simple imprisonment for a period of l(one) year and to pay a fine of Tk. 40,00,000 (Taka Forty ......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 ..Category: Criminal Law | Date: 2 Dec, 2014 | Hits: 9
Ruhul Amin (Md.) and oth¬ers Vs. Mustafizur Rahman and others, 2014, 43 CLC (HCD)
....eaz-uddin Pk reported in 8 BLT (AD) 185 = 5 BLC (AD) 76 law enjoins that without establishing the plaintiff's own title and possession they are not entitled to challenge any other deeds by way of simple declaration within the ambit of section 42 of the Specific Relief Act and in this context a d......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 ..Category: Civil Law, Property Law | Date: 16 Nov, 2014 | Hits: 10
....namely in the case of Titas Gas (T&D) Co. Ltd., Vs. Commissioner of Taxes, reported in 59 DLR 209 and in other celebrated cases and therefore further deliberation is not required on the issue and simple reliance upon those case will be sufficient.
8. On the other hand the learned Advocate M......le No. 162(ref:)/2012 are disposed off accordingly.
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: 29 Oct, 2014 | Hits: 1
Onil Kuar Podder and others Vs. Mostafa Unuch, 2014, 43 CLC (HCD)
....sub-division and inter-division of ancestral property. Before invasion of Muslim such right was not known to the people of the subcontinent. Right of pre-emption is not right of repurchase but a simple right of substitution to stand in the shoes of vendee. Before the British regime all the citi......aside. Pre-emption Title Suit No. 47 of 2007 is dismissed. Send down the lower court records at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 302 ..Category: Property Law | Date: 15 Sep, 2014 | Hits: 8
Bank Al-Falah Limited Vs. The Commissioner of Taxes, 2014, 43 CLC (HCD)
....t further filed another application under section 173 of the Income Tax Ordinance for reconsideration of the order dated 30.01.2011 which was also rejected by the order dated 12.6.2011. The very simple thing in the instant matter is to allow the 10% of Head Office expenses as has been provided ......sment year 2008-2009 of the Assessee-applicant company bank. 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: 8 Sep, 2014 | Hits: 0
Asset Developments & Holdings Ltd. vs. Commissioner of Taxes, 2014, 43 CLC (HCD)
....oncern is always violating this provision of law, as provided under section 83(2) of the Income Tax Ordinance 1984 which gives birth to several reference application before the High Court Division. A simple action by the DCT concern could stop thousands of cases to be filed before the High Court Div......nt, are answered in negative and in favour of the Assessee-applicant. However, there shall be no order as to cost. Md. Emdadul Haque Azad, J: Ed. This Case is also Reported in: ..Category: Fiscal/Taxation Law | Date: 7 Sep, 2014 | Hits: 5
Md. Jafar Ullah Vs. Bangladesh, 2014, 43 CLC (HCD)
....thin the meaning of gambling. 6. Mr. Motahar Hossain, learned DAG, on the other hand submits that the games organized and offered by the petitioner to be played in his club premises are pure and simple gambling punishable under Section 3 and 4 of the Public Gambling Act, 1867. Since there is el...... given is hereby vacated. Communicate copies of this judgment to the respondents at once. Md. Badruzzaman J.- I agree. Ed.66 This Case is also Reported in: DLR (2014) (HCD) 380 ..Category: Others | Date: 28 Jun, 2014 | Hits: 91
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