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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.
......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.
......e present case the third part of Article 86(b) of the Limitation Act is very clear and there is hardly any scope to interpret the same in any other way.
19. As we have already held that the language of Article 86(b) of the Limitation Act is very much clear on this point so there cannot be any c..
Category: Arbitration Law, Civil Law | Date: 29 Mar, 2016 | Hits: 142
Tariqul Islam Vs. Bangladesh and Others, 2016, 45 CLC (HCD)
....and sentenced in respect thereof to imprisonment for not less than two years; (d) That the applicant was convicted or is reasonably suspected of smuggling of currency, drugs, arms trafficking in woman and slaves, foreign currency, Passports or of indulging in illegal dealings involving foreign ......seven) days from the date of receipt of a copy of this judgment. There is, however, no order as to costs. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 150 ......d person; and (2) shall refuse to issue a passport or travel document on any one or more of the following grounds-- (a) that the applicant, in the opinion of the Government, is likely to engage outside Bangladesh in activities prejudicial to the sovereignty, integrity or security of Bangla..Category: Administrative Law | Date: 14 Jan, 2016 | Hits: 1
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 ......te Khorshed Ali of village-Bamuja under PS Kahalu of District-Bogra lodged an ejahar with the Officer-in-Charge of Kahalu police station on 5-12-2006 alleging that the deceased Shirina Khatun was his full sister who got herself married with the condemned-prisoner Golam Rabbani prior to 16/17 years t......Police Station Case No.12(1)08 and GR No. 12 of 2008. 2. The prosecution case, as made out in the ejahar, in a nutshell can be stated thus, one Md. Sirajul Hoque, son of late Khorshed Ali of village-Bamuja under PS Kahalu of District-Bogra lodged an ejahar with the Officer-in-Charge of Kahalu p..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: ...... against the “Hindu Community” of village Bakchar, Faridpur and killing Birendra Saha, Nripen Sikder, Sanu Saha, Jogobandhu Mitra, Jaladhar Mitra, Satya Ranjan Das, Nirod Bhandu Mitra, Profulla Mitra and Upen Saha. 3. In review petition, the Review Petitioner took as many as XXXII g......e great majority of citizens for them. It is a mistake to consider the objects of punishment as being deterrent or reformative or preventive and nothing else. The truth is that some crimes are so outrageous that society insists on adequate punishment, because the wrong doer deserves it, irrespective..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)
....gh Court Division, within 30 (thirty) working days of receiving copies of this judgment and order. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 125 ......ter dated 7-4-1999 issued by the Chairman of the Managing Committee Uzan Teura TUM High School, Sundargonj, Gaibandha, and since then he has been discharging his duties honestly, sincerely and to the full satisfaction of the authority concerned; that the name of the petitioner was enlisted in the mo......gh Court Division, within 30 (thirty) working days of receiving copies of this judgment and order. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 125 ..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 ......leven lac) to the petitioners and repaid Taka 39,00,000 (thirty nine lac) to the First Security Islami Bank Ltd. as per stipulated terms and conditions of the loan. But owing to nonpayment in part or full amount of the outstanding the respondent No. 2 Agrani Bank Ltd. Zinda Bazar Branch, Sylhet thro......as per stipulated terms and conditions of the loan. But owing to nonpayment in part or full amount of the outstanding the respondent No. 2 Agrani Bank Ltd. Zinda Bazar Branch, Sylhet through their engaged advocate served a legal notice upon the defendants notifying that due to nonpayment of any amou..Category: Banking Law | Date: 5 Nov, 2015 | Hits: 3
Turfatur Ain Chowdhury Vs. Artha Rin Adalat Dhaka and Others, 2015, 44 CLC (HCD)
..... Office is directed to send a copy of this judgment to Artha Rin Adalat No.1, Dhaka (respondent No. 1) at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 81 ......mpanies Act, 1913. There were three shareholders of the said Company namely, Khalilur Rahman Chowdhury, Roslin Hasan Chowdhury (respondent No. 5) and Talat Jabin Chowdhury (respondent No. 6), who had fully paid off the value of their total shares. During 1992-1999, in course of business, the Company......st 25, 2015 Result: The Rule is discharged. Code of Procedure, 1908; Order I, rule 10(2) Constitution of Bangladesh, 1972; Article 102 Rule 10(2) The Court may at any stage of the proceedings, either upon or without any application of either party, and on such terms as..Category: Constitutional Law, Procedural Law | Date: 25 Aug, 2015 | Hits: 4
....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
......angalee (P.W. 3), Nirmal Chandra Sharma (P.W. 6), Subal (P.W. 29); in support of charge No. 3 it has examined Anisuzzaman (P.W.1), Serajul Islam @ Seru Bangalee (P.W. 3), Gouranga Singha (P.W. 4), Profulla Ranjan Singha (P.W. 5), Ashish Chowdhury (P.W.13), Gopal Chandra Das (P.W. 14) and Debabrata S......(a) and in respect of charge No. 18 under section 3(2)(a) of the International Crimes (Tribunals) Act, 1973.
2. Facts relevant for the disposal of the appeal are as under:
The investigation agency conducted a preliminary inquiry over incidents of deportation and forceful transfer..
Category: International Crimes Tribunal Law | Date: 29 Jul, 2015 | Hits: 38
Government of Bangladesh and oth¬ers Vs. Ashraf Ali, 2015, 44 CLC (AD)
....osed of. Accordingly, the appeal is disposed of with the observations and direction made in the body of the judgment. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 263 ...... Improvement Act. Admittedly, gazette notification was made in respect of the acquired property. 15. Having gone through section 93B of the erstwhile Town Improvement Act, we find that full compensation of the requisitioned property is not paid under that section. The learned Deputy A......osed of. Accordingly, the appeal is disposed of with the observations and direction made in the body of the judgment. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 263 ..Category: Administrative Law | Date: 12 May, 2015 | Hits: 6
Sanjay Kumar Biswas Vs. State, 2015, 44 CLC (HCD)
....s per the FIR lived there in the residence of Sanjay for four days. But (i) the story sounds rarely believable that Sanjay all by himself, gagging her mouth carried a 19 years old fully grown up woman on Us shoulder like a heavy article or dragged her like a cattle, to his residence located som......ard arguments serged forward by the learned Advocates for the respective parties. 9. The fact described in the case may be summarized as follows: (1) Admittedly Malati Rani P.W. 2 used be a fully grown up girl ageing above 19 years and for quite long she used to work as a domestic aide in ...... The appeal succeeds. Case Referred to- Sohel Rana Vs. State, 57 DLR 591; Seraj Talukdar Vs. State, 6 BLT (1998) 82 = 3 BLC 182; Jayanti Rani Panda Vs. State of West Bengal, 1984 Cri. LJ, page 1535; R Vs. Clarence, (1886-90) AER Report: 133. Lawyers Involved: Sasti Sarkeer with ..Category: Women and Children | Date: 5 May, 2015 | Hits: 3
....হলে উক্ত দণ্ডে দণ্ডিত হইবে” There are two parts in this sub-section - the first part carries a meaning that if someone causes the death of a child or woman in committing rape is discernable. The second part is that after the commission of rape, if th...... Such motives are too numerous and varied to enumerate but hate, lust, sex, jealous, gain, revenge and a host of weaknesses to which human flesh is subject are common for the generality of murders. I fully endorse to the above views. Suppose, an offender was sentenced to imprisonment for life for an......by the appellant Md. Sukur Ali, a death row convict, who has been convicted by the Nari-O-Shishu Nirjatan Daman Bishesh Adalat, Manikgonj for sexually assaulting to death of Sumi Akhter, a minor girl aged at about 7 years. The Bishesh Adalat sentenced him to death and the High Court Division also co..
Category: Criminal Law, Women and Children | Date: 5 May, 2015 | Hits: 83
....ে উক্ত ব্যক্তি দন্ডিত হইবে” There are two parts in this sub-section - the first part carries a meaning that if someone causes the death of a child or woman in committing rape is discernable. The second part is that after the commission of rape, if th...... Such motives are too numerous and varied to enumerate but hate, lust, sex, jealous, gain, revenge and a host of weaknesses to which human flesh is subject are common for the generality of murders. I fully endorse to the above views. Suppose, an offender was sentenced to imprisonment for life for an......by the appellant Md. Sukur Ali, a death row convict, who has been convicted by the Nari-O-Shishu Nirjatan Daman Bishesh Adalat, Manikgonj for sexually assaulting to death of Sumi Akhter, a minor girl aged at about 7 years. The Bishesh Adalat sentenced him to death and the High Court Division also co..
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
......994); Section 81
Procedure to Enable a Company To Holding on its Business—
Section 81 is a procedural section enabling a company to carry on its business as has to be conducted to the fullest extent possible at a general meeting unless faced with impracticability in doing so. Th......t so transpired that the Company converted to a public company limit-ed by shares on 22-12-2010 in keeping with applicable statutory and regulatory requirements. The Company today remains one engaged primarily in the business of constructing, owning and managing infrastructure projects and/or s..
Category: Company Law | Date: 15 Apr, 2015 | Hits: 7
Muhammad Kamaruzzaman Vs. The Government of Bangladesh, 2015, 44 CLC (AD)
....n cases of “bride burning” and what are known as “dowry deaths” or when murder is committed in order to remarry for the sake of extracting dowry once again or to marry another woman on account of infatuation. IV. Magnitude of crime 36. When the crime is enormous in prop......, 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: ......ettled that a review of an earlier order is not permissible unless the Court is satisfied that material error, manifest on the face of the order, undermines it’s soundness or results in miscarriage of justice. A review of judgment is a serious step and the Courts are reluctant to invoke their ..Category: Criminal Law, International Crimes Tribunal Law | Date: 5 Apr, 2015 | Hits: 60
....shy;cate the matters in accordance with law.
No cost.
Communicate the judgment to respondent No. 1 at once.
Ed.
This Case is also Reported in: 68 DLR (HCD) (2016) 98
......
Customs Act (IV of 1969); Sections 98, 98(1) (2A) and 111
The Demand of Customs Authority —Removal of the Goods under Section 98
The appropriate customs authority may demand full amount of duties chargeable on the goods imported under the bonding facilities with all rent, p......shy;cate the matters in accordance with law.
No cost.
Communicate the judgment to respondent No. 1 at once.
Ed.
This Case is also Reported in: 68 DLR (HCD) (2016) 98
..
Category: Fiscal/Taxation Law | Date: 2 Apr, 2015 | Hits: 0
Aminul Karim (Md.) Vs. Government of Bangladesh and others, 2015, 44 CLC (HCD)
....r of stay granted earlier by this i Court is hereby recalled and vacated. Communicate this order at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 354 ...... which was sanctioned earlier in favour of the company. The petitioner himself was impleaded as defendant No.2 in the suit. The suit was instituted claiming Taka 45,93,80,103 which includes full amount of loan and interest. 3. It has been further stated that respondent No. 3 as compla......g to send the same to Double Mooring Police Station to treat the petition as FIR and Police Station sent the same to the Court being Double Mooring Police Station Case No. 12 of 2013. It is at this stage the petitioner who is also an accused in the aforesaid two criminal cases moved this Division an..Category: Banking Law, Procedural Law | Date: 9 Mar, 2015 | Hits: 0
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. ......-2000, the accused had been at the house of P.W.1, i.e. the victim's father who paid Taka 10,000 as part payment of the remaining dowry, there was altercation between them over the non-payment of full dowry and at one point of time, the accused severely assaulted his wife, the victim with a lath......P.W.1, the informant, (hereinafter referred to as the P.W.) was that two years before the occurrence (the occurrence took place on 26-8-2000), his daughter, Sabina Yasmin Rumi, was given in marriage to the accused. At the time of marriage, the accused demanded dowry of Taka 50,000, but he gave ..Category: Criminal Law, Women and Children | Date: 8 Mar, 2015 | Hits: 18
Jahirul Haque and another Vs. State, 2015, 44 CLC (AD)
....tioners is reduced to the period already undergone by them. The respondent is directed to release them from the custody at once. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 109. ......tioners is reduced to the period already undergone by them. The respondent is directed to release them from the custody at once. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 109. ......op their rickshaw and snatched away Taka 2,000 and some wearing apparels, worth of Taka 2,500 from P.W. 4. The miscreants fled away seeing police patrol van. The police, with the help of the villagers, caught hold the convict-petitioners Billal and Jahirul from a nearby pond. P.W. 4 recognized ..Category: Criminal Law | Date: 19 Jan, 2015 | Hits: 5
....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:
......he learned Assistant Attorney General Ms. Nasrin Parvin, appeared on behalf of the Taxes Department and filed affidavit-in-reply, stating inter-alia that the Taxes Appellate Tribunal correctly and lawfully considered the entire issue and affirmed the order of the First Appellate Authority, although ......Rule-65 of Income Tax Ordinance 1984.
Facts of the case:
2. It has been asserted in the instant Income Tax Reference Application that the Assessee-applicant is a private limited company, engaged in manufacturing of plastic containers, which imported raw materials from abroad and paid taxes..
Category: Fiscal/Taxation Law | Date: 15 Dec, 2014 | Hits: 1
....oth on facts and law, upon evidences adduced by the parties.
Send down the copy of the judgment to the court below at once.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 218
......nnexure Z-3 of the supplementary affidavit dated 8-12-2014 filed by the respondent No.1) the existing loan was renewed and enhanced to Taka 8,00,000 which the plaintiff's son availed in full.
22. In the written statement filed by the bank it has further been stated that against th......l Appellate Jurisdiction)
Present:
AKM Abdul Hakim J
Zafar Ahmed J
A Hakim Gazi and others .........Plaintiff Appellants
Vs.
Md. Nasiruddin, Assistant Vice President/Manager and others......Defendant-Respondents
Judgment
December 11, 2014.
Result:
F..
Category: Constitutional Law, Contract Law | Date: 11 Dec, 2014 | Hits: 8
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