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Rukunuddin Mollah (Md.) and others Vs. Artha Rin Adalat 2nd Court and others, 2015, 44 CLC (HCD)
....perumal Vs. Chidambaram, AIR 1954 Mad. 760; Janak Raj Vs. Gurdial Singh, AIR (1967) SC 608; Sonali Bank; Shilpa Bhaban Corporate Branch, Dhaka Vs. Artha Rin Adalat, Narayanganj, 15 MLR (AD) 20; Prem Chand Day Vs. Mokhoda Desi, 17 ILR (1890) 699. Lawyers Involved: Shah Md. MunirSharif&mdash......e Rule is hereby recalled and stand vacated. Communicate a copy of this Judgment and Order to the Court concerned at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 287. ..Category: Banking Law, Others | Date: 27 Apr, 2015 | Hits: 10
Hasina Ahmed Vs. State, 2015, 44 CLC (HCD)
....This Case is also Reported in: 15 BLC (HCD) (2010) 343 ......ry of Salauddin Ahmed whichever is earlier. In the light of the discussions made hereinbefore, the Rule is discharged. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 343 ..Category: Criminal Law, Procedural Law | Date: 20 Apr, 2015 | Hits: 2
Lutfor Rahman Mollah (Md.) and another Vs. M Safiul-Alam, 2015, 44 CLC (HCD)
....ur Rahman, to fortify his submission has relied on the decisions reported in 19 ELD 274 and 15 BLD 509. 10. Mr. Zainul Abedin, the learned Advocate appearing for the opposite party, on the other hand, opposes the Rule. He submits that both the Courts below were perfectly justified in rejecting ......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. ..Category: Civil Law, Procedural Law | Date: 13 Apr, 2015 | Hits: 10
Mafruza Sultana Vs. State and another, 2015, 44 CLC (AD)
....of respondent No. 1, also supports the impugned judgment delivered by the High Court Division. 11. Mr. Khurshid Alam Khan, learned Advocate, appearing on behalf of respondent No. 2, on the other hand, supports the impugned judgment delivered by the High Court Division. 12. We have con......efore, this criminal petition for leave to appeal is disposed of with the direction made in the body of the judgment. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 227 ..Category: Criminal Law | Date: 12 Apr, 2015 | Hits: 19
Muhammad Kamaruzzaman Vs. The Government of Bangladesh, 2015, 44 CLC (AD)
.... Umer Dolal Vs. State of Bombay, AIR 1952 SC 14; Roghunath Vs. Paria (AIR 1967 Goa 95); Sham Sundar Vs. Puran AIR 1991 SC 8; Mangal Singh Vs. State of UP, AIR 1975 SC 76. Lawyers Involved: Khandker Mahbub Hossain, Senior Advocate, with Mohammad Nazrul Islam, Senior Advocate, S.M. Shahjahan......y corroborated by each other’s testimony as well as by circumstantial evidence. FRESH EVIDENCE 37. As to the alleged fresh evidence-plea, advanced by Mr. Khandakar, the first point we noted is that the book, titled “মহিলা মুক্তিযোদ্ধা” is..Category: Criminal Law, International Crimes Tribunal Law | Date: 5 Apr, 2015 | Hits: 60
Asek Elahi Vs. Jalal Ahmedand others, 2012, 41 CLC (AD)
....sale' is conditional and intended as security for the debt, inasmuch as in place of sale deed it was mentioned as conditional sale. It was also recited that if the recipient of the deed failed to hand over possession on the demand of the vendors on repayment of principal amount in due time, they......arnamat, 1 BLC (AD) 90 and Anwaruddin Bepari Vs. Assistant Commissioner (Land) reported in the same volume page 164 (there is no case in 49 DLR (AD) 228 on the point of law involved in this appeal as noted in the leave granting order). Let us see whether this grievance is correct. 56. The first..Category: Property Law | Date: 14 Mar, 2015 | Hits: 45
Aminul Karim (Md.) Vs. Government of Bangladesh and others, 2015, 44 CLC (HCD)
....-Bank. When Writ petition heard on merit without hearing the petitioner— If in any particular case the ratio decidendl of Appellate Division applies directly or where the case in hand has already been decided by the same Division Bench, the writ petition can be heard on merit wi......(s) fails to make the payment of the amount of money of such cheque(s) within the period of thirty days of the receipt of the notice served under clause (b). In this regard, it is also significant to note that subsection (3) of section 138 of the Act, 1881 has clearly provided that notwithstanding a..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)
....t her belly with lathi in view of the testimony of P.W. 2 and, therefore, to accept the other injuries, namely, injury Nos.2, 3 and 4. 23. The throttling is manual strangulation-compressing with hand; when constriction is produced by the pressure of the fingers and palms upon the throat, i......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. ..Category: Criminal Law, Women and Children | Date: 8 Mar, 2015 | Hits: 18
....ter for the Civil Service [1984] 3 All ER 935; Swadeshi Cotton Mills Vs. India, AIR 1981 SC 818; Chingleput Bottlers Vs. Majestic Bottlers, AIR 1984 SC 1030; Gonzalez Vs. Freeman, 334 F. 2d 570; Ram Chandra Vs. Secretary to the Government of WB, AIR 1964 Cat 265; Punjab Vs. Khanna, AIR 2001 SC 343; ......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
Ramjan Ali Tarafder (Md.) Vs. Bangladesh and others, 2015, 44 CLC (HCD)
....e to be declared without lawful authority and is of no legal effect. 5. Mr. Obaidur Rahman Mostafa, the learned Advocate by filing Vokalatnama on behalf of the respondent No. 2 bank on the other hand opposes the Rule. His bone of contention is that this writ petition is misconceived specially i...... "It appears that after the auction, the rest of the bid money was not deposited within the period of 10(ten) days as envisaged under sub-section 2 of section 33 of the Ain. But it is to be noted that the auction of the concerned property of the petitioners was not sold in auction in ..Category: Banking Law | Date: 22 Feb, 2015 | Hits: 7
Mosharaf Hossain (Md.) Vs. Bangladesh and others, 2015, 44 CLC (HCD)
....sp; 5. Mr. Shamim Khaled Ahmed, learned senior counsel, along with Mr. Mohammed Abdul Baset, learned advocate, appearing for the respondent No. 3-bank, on the other hand, submits that the provisions under section 33 have given free leverages to the decree holder ei...... 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
Shamvunath Karmaker and another Vs. State and another, 2015, 44 CLC (HCD)
....;ফাঁদ মামলা (Trap Case) প্রস্তুত করিতে বা পরিচালনা করিতে পারিবেন।” There is no bar in catching red-handed any person by any law enforcing agency if the Commission has not been informed or assist...... was given by one Taslimuddin for the registration. The RAB personnel recovered Taka 1,640 along with Taka 2,440 from the custody of the present petitioner No. 2 and the informant identified the note which he has given to the petitioner No. 2. RAB prepared a seizure list in presence of the witn..Category: Anti-Corruption Laws, Procedural Law | Date: 10 Feb, 2015 | Hits: 4
....in law in rejecting the opposition case.
7. Mr. Shafique Ahmed, learned Counsel, entering caveat on behalf of respondent No.2, appearing with Mr. SK Siddique, learned Counsel, on the other, hand, has supported the impugned judgment and order. He has submitted that the point now taken ......tions made hereinbefore. We make it very clear that the Registrar himself shall hear and dispose of the matter.
Ed.
This Case is also Reported in: 20 BLC (AD) (2015) 213.
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Category: Intellectual Property Law | Date: 9 Feb, 2015 | Hits: 20
....e question as has been formulated by the Assessee-applicant is required to be answered in negative and in favour of the Assessee-applicant.
Argument of the Taxes department:
9. On the other hand the learned Assistant Attorney General Mr. Shaikat Basu strenuously argued that the first appel......tive and in favour of the Assessee-applicant.
However, there shall be no order as to cost.
Md. Emdadul Haque Azad, J: I agree.
This Case is also Reported in:
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Category: Fiscal/Taxation Law | Date: 14 Jan, 2015 | Hits: 1
.... of Taxes reported in 59 DLR 463 and the case of M/S. Eastern Hardware Stores Limited Vs The Commissioner of Taxes reported in 54 DLR 125.
Argument of the Taxes department.
10. On the other hand the learned Assistant Attorney General Mr. Shaikat Basu relied on the statement made in the aff......of the account, save and accept the statutory disallowances.
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: 12 Jan, 2015 | Hits: 1
....formulated in the instant Income Tax Reference application is required to be answered in negative and in favour of the Taxes Department.
Arguments of the Assessee-Respondent
7. On the other hand the learned Advocate Mr. Sarder Jinnat Ali vehemently argued that the question indicates a fact......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:
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Category: Fiscal/Taxation Law | Date: 7 Jan, 2015 | Hits: 1
....2A of the BAS document to show that the endorsement in the books of accounts has to be made on accrual basis so far the question of mercantile system of accounting is concerned.
12. On the other hand the learned Assistant Attorney General Ms. Nasrin Parvin argued that irrespective of the method......nswered 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:
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Category: Fiscal/Taxation Law | Date: 15 Dec, 2014 | Hits: 1
....not been done, the question related to the said issue is also required to be answered in negative and in favour of the Assessee-applicant.
Argument of the Taxes department:
10. On the other hand the learned Assistant Attorney General Mr. Saikat Basu, appearing on behalf of the Taxes Depart......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
Singer Bangladesh Ltd Vs. National Board of Bangladesh, 2014, 43 CLC (HCD)
....u Government of Bangladesh Vs. Acqua Foods Limited 50 DLR (AD) 113; Authorised Officer DIT, Dacca Vs. AW Mallik 20 DLR (SC) 229; Purtabpur Company Ltd. Vs. Cane Commissioner, Bihar AIR 1970 SC, 189; Chandrika Vs. State of Bihar AIR 1984 SC 322; Anirudhsinhji Jadija Vs. State of Guzrat AIR 1995 SC 23......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
....3(1) of the Income Tax Rules 1984 as non-include able items in the definition of ‘perquisite’. But this appraisal has not been discussed while the question No. 2 was in examination in the hand of the court, although the definition of ‘perquisite’ has been appraised by this co......9. Accordingly the application praying for review is allowed.
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: 14 Dec, 2014 | Hits: 0
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