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State Vs. Engineer Monjurui Ahsan Munshiand another, 2015, 44 CLC (AD)
....ssing the evidence and also without entering into the merit of the appeal, acquitted the respondents on technical point. Thus, we are satisfied that the High Court Division has not at all applied its judicial mind in acquitting the respondent. The question has already been settled by this Division a......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)
....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 ......ablishment of the office of Constitutional body, the Comptroller and Auditor General. Chapter 8 of the Constitution in particular deals with this part. Article 128 of the Constitution postulates functions of Auditor General as under: "128 (1) The public accounts of the Republic and of..Category: Constitutional Law, Fiscal/Taxation Law | Date: 15 Dec, 2014 | Hits: 5
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. ......Procedure and it is settled executing court cannot go beyond the decree.... (18) Artha Rin Adalat shall follow and apply the Code as a Civil Court in exercising its jurisdiction, powers and functions while adjudicating any dispute between the parties before it including execution of i..Category: Banking Law | Date: 4 Dec, 2014 | Hits: 4
Shariful Alam (Babu) (Md.) Vs. State and another, 2014, 43 CLC (HCD)
....r hearing of the Rule and for the misinformation by his Advocate he did not get any chance for hearing of the Rule and ultimately has been deprived from contesting in the trial Court. 29. In our judicial system, it cannot be denied that the parties are mostly depended on the advice of the learn......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
Government of Bangladesh and others Vs. Md. Mojibul Haque & others, 2014, 43 CLC (AD)
....person from his service compulsorily as happened in the instant cases would not give any immunity to an order passed in the purported exercise under section 9(2) of the Act, 1974 from the scrutiny of judicial review. He has submitted that receiving service benefit would not disentitle a public ......in the light of the observations, the findings and the decisions given in the civil appeals. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 177. ..Category: Constitutional Law, Employment/Service Law | Date: 25 Nov, 2014 | Hits: 20
....tial documents to controvert the finding of the tax authorities below and hence, we refrain from interfering with."
These assertions of the Taxes Appellate Tribunal shows non-application of judicial mind in the matter. The Tribunal did not noticed that the provision of section 83(2) of the......se three Income Tax Reference Applications are 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: 10 Nov, 2014 | Hits: 3
....red in negative and in favour of the Assessee-applicant.
37. 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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(1)-(2) .........................
(3) The Deputy Commissioner of Taxes and Inspectors shall be subordinate to the Inspecting Joint Commissioner within whose jurisdiction they perform their functions.
(4)................................
Income Tax Ordinance 1984
Section 9: G..
Category: Fiscal/Taxation Law | Date: 28 Oct, 2014 | Hits: 1
Chowdhury Mohidul Haque Vs. Anti-Corruption Com¬mission and others, 2014, 43 CLC (AD)
.... illegality or infirmity in the impugned judgment and order and accordingly the civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 115. ...... illegality or infirmity in the impugned judgment and order and accordingly the civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 115. ..Category: Civil Law | Date: 21 Oct, 2014 | Hits: 6
....the result, the Income Tax Reference Application 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:
......p;………….(24 & 25)
The aforesaid provision of section 6(1) (c) of the Income Tax Ordinance 1984 has empowered the Deputy Commissioner of Taxes to perform their functions in respect of such areas, or such persons or classes of persons, or such cases or classes ..
Category: Fiscal/Taxation Law | Date: 17 Sep, 2014 | Hits: 2
Yunus (Md.) Vs. State & another, 2014, 43 CLC (HCD)
....ng initiated against another co-accused Nurul Anowar was also quashed by a Division Bench of this Court, but the fact remains that the fate of the decisions in respect of 2 accused is subject to judicial scrutiny by the higher forum. We find from the prosecution materials that the pre...... Let the lower Court's record along with a copy of this judgment be sent down to the concerned Court below at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 97 ..Category: Criminal Law, Procedural Law | Date: 13 Aug, 2014 | Hits: 8
J.S.M. Glass Industries Limited Vs. Deputy Commissioner of Taxes, 2014, 43 CLC (HCD)
....at their end, supplied by the Assessee-writ petitioner. However, there shall be no order as to cost. Md. Emdadul Haque Azad, J: I agree. Ed. This Case is also Reported in: ......said provision runs as follows; Income Tax Ordinance 1984 Section 8:Officers, etc. to follow instructions of the Board. All officers and other persons engaged in the performance of any functions under this Ordinance shall, in the matter of discharging those functions, observe and foll..Category: Fiscal/Taxation Law | Date: 23 Jul, 2014 | Hits: 0
State Vs. Md. Sajjad Ali, 2014, 43 CLC (HCD)
....g, P.W.11 Riazul Islam and P.W.12 Md. Rubel Ali saw the condemned prisoner taking away the victim and that they also saw the accused last with the victim; 4. the condemned prisoner made an extra judicial confession and he admitted that he killed the victim Shuvon; 5. the condemned prisoner......nection with any other case. Send down the lower Court records with a copy of this judgment to the concerned Court at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 161 ..Category: Criminal Law | Date: 16 Jun, 2014 | Hits: 15
Shafiqul Islam Vs. Bangladesh Bank and others, 2014, 43 CLC (HCD)
.... of applicability of the same with retrospective effect. According to the author, Justice GP Singh, the usual reason for passing a declaratory Act is to set-aside what Parliament deems to have been a judicial error whether in the statement of the common law (Judge made law) or in the interpretation ......stay granted earlier by this Court at the time of issuance of the said rules, thus, stand recalled and vacated Communicate this. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 270 ..Category: Banking Law, Company Law | Date: 1 Jun, 2014 | Hits: 11
.... Joint District Judge, 1 Court, Dhaka committed an error of law and failed to consider that the instant suit is barred by law, section 7 of the Arbitration Act, 2001, which clearly restricts any judicial authority to hear any legal proceedings where any of the parties to the arbitration agree&s......hrough arbitration expeditiously.
The order of injunction granted earlier by the trial Court is hereby vacated.
Ed.
This Case is also Reported in: 15 BLC (HCD) (2010) 330
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Category: Arbitration Law, Civil Law, Procedural Law | Date: 28 May, 2014 | Hits: 7
Amena Meher Vs. Md. Abdul Kader and others, 2014, 43 CLC (HCD)
....r the appellant having taken us through the materials on record including the impugned order submits that the learned Joint District Judge while refusing the appointment of receiver did not apply his judicial mind to the essential element as to whether the property involved therein can be protected ....... The office is directed to communicate this order to the Joint District Judge, 2nd Court, Pabna for compliance. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 61 ..Category: Civil Law, Procedural Law | Date: 19 May, 2014 | Hits: 3
Aynul Haque (Md.) Vs. Government of Bangladesh, Dhaka, 2014, 43 CLC (HCD)
.... been approved by the Full Court of the Supreme Court, the Tribunal had no jurisdiction to interfere with the impugned order of retirement inasmuch as the said approval by the full court was not judicial order. He submits that the decision for compulsory retirement, even approval by the full Co...... under the provisions of Rules 3(b) and 3(d) of the Government Servants (Discipline and Appeal) Rules, 1985, that is, misconduct and corruption. It was stated in the charges that while performing the functions as Additional District and Sessions Judge Thakurgaon, he acquitted or enlarged the accused..Category: Administrative Law | Date: 19 May, 2014 | Hits: 3
State and another Vs. Abdul Kader @ Mobile Kader and others, 2014, 43 CLC (AD)
....court is required to assign reasons for disbelieving a witness if it does not agree with the reasons assigned by the trial court. Anything short of that may not be regarded as proper exercise of judicial power what is expected from it to exercise in accordance with established norms. We find no...... under sections 302/120B of the Penal Code and he be released from Jail at once, if not wanted, in connection with any other case. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 6. ..Category: Criminal Law | Date: 14 May, 2014 | Hits: 16
Md. Abul Bashar Vs. Government of Bangladesh, 2014, 43 CLC (HCD)
....arbitrary or unreasonable exercise of public power by the Government or in similar circumstances by any public authority. Rather Saiful Islam (supra) seems to be representative of the common trend of judicial opinion in which Ruhul Quddus, J, held that the statutory discretion is never absolute and ......th affairs of the concerned ministry which, we believe, is unknown in the advanced societies. 14. It is no denying that modern governments demand power as wider as possible. Ever expanding state functions seeking to address the multifarious problems and needs of citizens and their wellbeing fro..Category: Administrative Law, Constitutional Law | Date: 4 May, 2014 | Hits: 5
....ion in that respect.
In view of the above, we find no merit in the leave petition.
Accordingly, the same is dismissed.
Ed.
This Case is also Reported in: 20 BLC (AD) (2015) 138.
......lving Bangladesh Standards Institution (BDSI) for standardization, testing, metrology, quality control, grading, making of goods and overall administration and management of the institution. The functions, nature of jobs and qualifications of the employees/officers of CTL and BDSI were dif..
Category: Employment/Service Law | Date: 4 May, 2014 | Hits: 7
Ayub Hossain Khan (Md.) Vs. Bangladesh and others, 2014, 43 CLC (AD)
.... phrase which better expresses the under lying concept, what the requirement of fairness demand when any body, domestic, administrative, or judicial, has to make a decision which will affect the rights of individuals, depends on the charact......w the line between the kind of cases where right to be heard are imperative and the cases where such rights are not available, Lord Reid in the aforementioned case expressed; "Sometimes the functions of a Minister or department may also be of that character, and then the rules of natural j..Category: Civil Law, Property Law | Date: 4 May, 2014 | Hits: 20
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