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Hossain Ali and Others Vs. Government of Bangladesh and Others, 2015, 44 CLC (HCD)
....r of stay granted at the time of issuance of the Rule stands vacated. 23. The Revenue Officer appointed with the additional designation of Settlement Officer may take a decision afresh about the disputed publication of the concerned record-of-rights in view of the provisions of rule 42 of the R......est possible amount of time preferably within 3(three) months from the date of receipt of the judgment of this court. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 37 ..Category: Property Law, Tenancy Law | Date: 30 Apr, 2015 | Hits: 4
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 ......¾à¦‡ মারে।” Now let us see whether the medical evidence supports prosecution story as stated or not. It appears from post mortem report (Exhibit 4) of Kotai Miah that the Doctor, holding autopsy, found following injuries on the person of victim Kotai: (1) One penetrating wo..Category: Criminal Law, Procedural Law | Date: 29 Apr, 2015 | Hits: 10
Rukunuddin Mollah (Md.) and others Vs. Artha Rin Adalat 2nd Court and others, 2015, 44 CLC (HCD)
....t in the Mortgage Deed and schedule to the plaint is merely an omission occurred due to inadvertence. The Khatian numbers, area of land and identification of the mortgaged property "are not disputed by the Petitioners. It is also not disputed that the property sold in auction inserting plo......perty. As such the Court committed no illegality in allowing the application inserting plot number in the schedule to the Execution Application. It is also stated that there was no illegality in holding auction sale by the Court below. 8. Respondent No. 3, the auction purchaser contended t..Category: Banking Law, Others | Date: 27 Apr, 2015 | Hits: 10
....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
......Act it was incumbent upon the Company to hold the 7th AGM no later than 28-5-2014 i.e. within a period of fifteen months computed from the date of the 6th AGM. However, citing inadvertence in so duly holding the 7th AGM and attributing the delay to circumstances not amounting to laches or negli..
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. ......iod has already been expired on 31st July, 2010 and thereafter, the said lease period was not extended further. Since there is no breach of any obligation of contract, I do not find any difficulty in holding that the plaintiffs being a monthly tenant under the defendant-opposite party have no legal ..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 ......while considering of the application under section 561A of the Code the High Court Division will not take into consideration of the defence papers..... (49) It would be unnecessary delay in holding the trial of the cases, if leave is granted....... (50) Case Referred to- State Vs..Category: Anti-Corruption Laws, Criminal Law | Date: 12 Apr, 2015 | Hits: 8
Asek Elahi Vs. Jalal Ahmedand others, 2012, 41 CLC (AD)
.... suit by filing a written statement denying all the allegations made in the plaint and contending, inter-alia, that the suit was not maintainable in the present form and was barred by limitation. The disputed document in favour of Omra Khatun was not a mortgage deed, but an out and out sale deed. On......and if it is found that the transaction is a sale with a condition to repurchase or it is past and closed one, the suit will be dismissed on the ground of limitation. The trial Court decreed the suit holding that the suit is maintainable but the lower appellate Court reversed the judgment of the tri..Category: Property Law | Date: 14 Mar, 2015 | Hits: 45
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 ...... in question involves civil liability no criminal proceeding will lie and the criminal cases are liable to be quashed. 11. Appellate Division upheld the said decision of the High Court holding:— "We have considered the submissions of the learned Advocate and gone throu..Category: Banking Law, Procedural Law | Date: 9 Mar, 2015 | Hits: 0
....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
......it may simply be held that in our modern approach, it automatically involves a duly to act fairly and in accordance with natural justice. The Indian Supreme Court has adopted this principle holding "....this rule of fair play must not be jettisoned save in very exceptional circumstanc..
Category: Constitutional Law | Date: 2 Mar, 2015 | Hits: 23
Sarker and other Vs. Md. Nasibuddin and others, 2015, 44 CLC (AD)
....said Miscellaneous Case for getting the land under dispute by way of pre-emption under section 96 of the State Acquisition and Tenancy Act staring that they are the contiguous land owners of the disputed plot. The vendor transferred the disputed land to the pre-emptee petitioner on 13-8-19......that the application was barred by limitation. 3. The trial Court allowed the application for pre-emption. The pre-emptee petitioner preferred appeal. The appellate Court allowed the appeal holding that the application for preemption was barred by limitation. The pre-emptors filed Civ..Category: Civil Law, Tenancy Law | Date: 1 Mar, 2015 | Hits: 24
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 ...... 7. It appears that, in view of sub-sections (1),( 2), (2Ka), (2Kha), (2Ga) and (3) of section 33 of the Said Ain, the Adalat is obliged to go for an auction sale of the mortgaged property, and the holding of such 1st auction of the mortgaged property is mandatory. The said la auction has to ..Category: Administrative Law, Others | Date: 17 Feb, 2015 | Hits: 4
Ali Haider Chowdhury Vs. State, represented by the DC, Dhaka and another, 2015, 44 CLC (AD)
....ding manipulation of the tender for sale of the abandoned property had been disclosed against him in the materials collected by the prosecution. By taking evidence the trial Court has to resolve disputed questions of fact whether petitioner had any role in the illegal transaction or w...... proper appreciation of law and fact do not call for interference. Accordingly, this criminal petition is dismissed. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 147. ..Category: Criminal Law | Date: 11 Feb, 2015 | Hits: 16
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. ......recognized both the petitioners. The villagers assaulted the convict petitioners, consequently, both of them were injured and left leg of accused Billal was broken. 4. The Investigating Officer, holding investigation, submitted charge-sheet against the convict-petitioners and another under sec&..Category: Criminal Law | Date: 19 Jan, 2015 | Hits: 5
.... 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:
......n:
Income Tax Reference Application No. 20 of 2005
(Assessment year 2003-2004)
(a) Whether, in the facts and circumstances of the case, the Taxes Appellate Tribunal was justified in upholding the orders of the Commissioner of Taxes (Appeals) and the Deputy Commissioner of Taxes in di..
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: ...... :- Income Tax Reference Application No.20 of 2005 (Assessment year 2003-2004) (a) Whether, in the facts and circumstances of the case, the Taxes Appellate Tribunal was justified in upholding the orders of the Commissioner of Taxes (Appeals) and the Deputy Commissioner of Taxes in di..Category: Fiscal/Taxation Law | Date: 11 Jan, 2015 | Hits: 58
....y-8, who declared the same in his income tax return. A instrument of gift was executed on 23.12.2008, although the said gift was made orally on 30.6.2007 in presence of witnesses, but the DCT concern disputed the mode of transfer of the gift and disbelieved the same and added the said amount with th......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:
..
Category: Fiscal/Taxation Law | Date: 7 Jan, 2015 | Hits: 1
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: ...... assessee-applicant. Questions formulated for determination: 1. Whether in the facts and circumstances of the case the Tribunal was justified in rejecting the appeal of the Applicant and upholding the DCT’s finding that surplus of the Applicant’s income over expenditure which ..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:
......ash book, ledger book, production register, stock register etc., pursuant to the provision of section 75(2)(d)(iii) of the Income Tax Ordinance 1984. The Assessee-applicant is an income tax assessee, holding TIN. 307-200-0804/Co-3, which submitted its income tax return under the provision of section..
Category: Fiscal/Taxation Law | Date: 15 Dec, 2014 | Hits: 1
Ferdous Ara Zainul Vs. Mahmuda Khatun and others, 2014, 43 CLC (HCD)
....of the suit land since 1985, she has acquired a legal right thereto. However, since the claim as to the possession of the plaintiff has been denied by defendants, the same appears to us to be a disputed question of fact which requires adjudication through evidence. Thus, the claim of the plain......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
....s from the date of receipt of this judgment.
Let a copy of this judgment be forwarded to the concerned respondents at once.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 251
......ry affidavit unlawfully denied the petitioners 'Reference License' guaranteed under the Rule 12 of the Customs Agents (Licensing) Rules, 2009 imposing fresh terms and conditions for holding a written examination afresh for issuing "Reference License" in their favour as co..
Category: Constitutional Law, Fiscal/Taxation Law | Date: 8 Dec, 2014 | Hits: 3
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