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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 ...... instance of the petitioner, Md. Aminul Karim, this Rule Nisi was issued in the following terms: "Let a Rule Nisi be issued calling upon the respondents to show cause as to why the impugned proceeding of Sessions Case No. 2452 of 2013 arising out of CR Case No.781 of 2013 under sections 13..Category: Banking Law, Procedural Law | Date: 9 Mar, 2015 | Hits: 0
.... unless he surrenders to the jurisdiction of the Court. He cannot claim fundamental rights enshrined in part III of the constitution. The High Court Division thus made fundamental error in quashing the proceeding in exercise of its extraordinary jurisdiction in failing to consider that in......No. 2024 of 2009).
Order
Surendra Kumar Sinha CJ.- This petition at the instance of Durnity Daman Commission is from a judgment of the High Court Division which has quashed the proceeding of Special Case No. 2 of 2008, so far its relates to the respondent M Sahabuddin Ahmed pe..
Category: Constitutional Law | Date: 19 Feb, 2015 | Hits: 9
Ali Haider Chowdhury Vs. State, represented by the DC, Dhaka and another, 2015, 44 CLC (AD)
....ischarging the Rule. 2. The leave-petitioner herein, Ali Haider Chowdhury, filed an application before the High Court Division under section 561A of the Code of Criminal Procedure with a view to quashing the impugned proceeding of Special Case No. 23 of 2007 arising out of ACC GR No. 25 of 2007...... 2. The leave-petitioner herein, Ali Haider Chowdhury, filed an application before the High Court Division under section 561A of the Code of Criminal Procedure with a view to quashing the impugned proceeding of Special Case No. 23 of 2007 arising out of ACC GR No. 25 of 2007 corresponding to Moti..Category: Criminal Law | Date: 11 Feb, 2015 | Hits: 16
Shamvunath Karmaker and another Vs. State and another, 2015, 44 CLC (HCD)
....by recalled and vacated. The office is directed to communicate the judgment and order to the persons concerned immediately. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 320 ......fence mentioned in the schedule of the Act, 2004 has not been barred by Rule 16 but when the assistance is sought from the Anti-Corruption Commission it is bound to prepare and to conduct a proceeding...... (19 & 20) Case Referred to- A. Mirzazada Vs. The Crown, PLD 1956 (WP)..Category: Anti-Corruption Laws, Procedural Law | Date: 10 Feb, 2015 | Hits: 4
State Vs. Engineer Monjurui Ahsan Munshiand another, 2015, 44 CLC (AD)
....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 ......r. Ajmalul Hossain, learned counsel appearing on behalf of the respondent submits that there is nexus between the offences punishable under sections 26(2) and 27(1) of the Ain, 2004 and unless a proceeding is taken under section 26 of the Ain, no proceeding can be initiated under section 27 of ..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 ......nstitution filed by the petitioner Singer Bangladesh Limited, the Rule was issued in the following terms: "Let a Rule Nisi be issued calling upon the respondents to show cause as to why the proceeding vide Order under Nothi No. 8/dated 18-4-2010 (Annexure-D) by the respondent No.3 rejectin..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. ......suit was decreed and subsequently decree was put into execution. Defendant Nos.3 and 5, who was impleaded as director of the Company, filed application for striking out their names from original proceeding. By the impugned order learned Judge strikeout the name of defendant Nos. 3 and 5 from ex..Category: Banking Law | Date: 4 Dec, 2014 | Hits: 4
....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
......ersonal interest is therefore involved. These are accepted rules in the dispensation of justice in contempt cases. It may be emphasized here that in this context when the Judge takes up the proceedings or acts in response to direct contempt the proceedings are not to take the form of the t..
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)
....ion before the trial Court for his discharge but the same has not been considered by the trial Court whereupon the petitioner had moved this Court filing a petition under section 561A of the Code for quashing the proceeding as a whole and the desired relief was also granted by this Court in favour o......ich he pleaded not guilty and claimed to be tried. Thereafter the accused moved the High Court Division filing a Criminal Misc. Case being No. 5938 of 2011 under section 561A of the Code to quash the proceeding as a whole and the High Court issuing the Rule on 15-2-2011 stayed all the further procee..Category: Criminal Law | Date: 2 Dec, 2014 | Hits: 9
Government of Bangladesh and others Vs. Md. Mojibul Haque & others, 2014, 43 CLC (AD)
....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. ......1 = 9 BLC (AD) 207 and took the view that the persons in the service on equal footing were entitled to get the benefit as directed by the Court in a writ petition, though they were not parties to the proceeding; in view of the decision in the case of AFM Mustafizur Rahman (supra), the writ-responden..Category: Constitutional Law, Employment/Service Law | Date: 25 Nov, 2014 | Hits: 20
....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:
......nce applications are directed against the order of the tribunal, which exercises adjudicating power as a last court of appeal in the taxes department, as such any legal question involved in the whole proceeding can be brought before the High Court Division in a reference application. Because, the en..
Category: Fiscal/Taxation Law | Date: 10 Nov, 2014 | Hits: 3
State Vs. Secretary, Ministry of Public Administration and others, 2014, 43 CLC (AD)
....torney-General in that respect as well, as noted down hereinbefore, are expunged. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 271 ......t;inquiry" includes every inquiry other than a trial conducted under this Code by a Magistrate or Court." (L) "Investigation". "Investigation" includes all the proceedings under this Code for the collection of evidence conducted by a Police-Officer or by any p..Category: Criminal Law, Procedural Law | Date: 10 Nov, 2014 | Hits: 4
....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:
...... of the Income Tax Ordinance 1984, being a higher authority of the Deputy Commissioner of Taxes under the provision of section 5(3) of the Income Tax Ordinance 1984, is empowered to approve the proceeding and assessment made under section 93 of the Income Tax Ordinance 1984 as provides under t..
Category: Fiscal/Taxation Law | Date: 28 Oct, 2014 | Hits: 1
....ed reviews and to hear the same on merit under the provision of section 121A of the Income Tax Ordinance 1984.
Md. Emdadul Haque Azad, J: I agree.
Ed.
This Case is also Reported in:
...... better appraisal;
Income Tax Ordinance 1984
Section 121A. Revisional power of Commissioner.-
1) The Commissioner may on an application made by the assessee, call for the record of any proceeding under this Ordinance in which an order has been passed by any authority subordinate to hi..
Category: Fiscal/Taxation Law | Date: 24 Oct, 2014 | Hits: 1
....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:
......owered the Commissioner, with prior approval of the board, to direct the Additional Commissioner of Taxes to exercise the power and function of the Deputy Commissioner of Taxes for the purpose of any proceeding in respect of any case under the Ordinance.
5. It has been further asserted that the..
Category: Fiscal/Taxation Law | Date: 17 Sep, 2014 | Hits: 2
Enamul Hoque Chowdhury Vs. Deputy Commissioner of Taxes, 2014, 43 CLC (HCD)
....ssued without lawful authority having no legal implication. However, there shall be no order as to costs. Md. Emdadul Hoque Azad, J: I agree. Ed. This Case is also Reported in: ......DCT concern issued a notice under section 130 of the Income Tax Ordinance 1984 due to the non-submission of income tax return under the requirement of section 93 of the Income Tax Ordinance 1984. The proceeding started by the DCT concern under section 93 of the Income Tax Ordinance 1984 is quite jus..Category: Fiscal/Taxation Law | Date: 14 Sep, 2014 | Hits: 0
Abul Bashar Chowkidar Vs. Abdul Mannan @ Khademul Islam and others, 2014, 43 CLC (AD)
....ns Judge, Cox's Bazar, which was summarily rejected. 7. Thereafter, the informant moved the High Court Division filing an application under section 561A of the Code of Criminal Procedure for quashing the proceeding of the case pending against accused Ayatun Nahar and obtained Rule. 8. ......'s Bazar, which was summarily rejected. 7. Thereafter, the informant moved the High Court Division filing an application under section 561A of the Code of Criminal Procedure for quashing the proceeding of the case pending against accused Ayatun Nahar and obtained Rule. 8. By the impugn..Category: Criminal Law, Procedural Law | Date: 11 Sep, 2014 | Hits: 34
Yunus (Md.) Vs. State & another, 2014, 43 CLC (HCD)
.... noted that one of the accused namely Nurul Anowar preferred Criminal Miscellaneous Case No. 9804 of 2003 before the High Court Division under section 561A of the Code of Criminal Procedure for quashing the proceeding lodged against him. However, a Division Bench of this Court by judgment......of Criminal Procedure for quashing the proceeding lodged against him. However, a Division Bench of this Court by judgment and order dated 10-9-2007 made the Rule absolute and quashed the instant proceeding so far as relates to accused Nurul Anowar. 6. However, after framing of charge, the ..Category: Criminal Law, Procedural Law | Date: 13 Aug, 2014 | Hits: 8
Haji Mohammad Ali vs. Commissioner of Taxes, 2014, 43 CLC (HCD)
....e answered in negative and in favour of the Assessee-applicant. However, there shall be no order as costs. Md. Emdadul Haque Azad J: I agree. Ed. This Case is also Reported in: ......rcumstances and on the facts, whether the Taxes Appellate Tribunal, was justified maintaining the decision of the authority below that the Bank transaction is the basis of income and material for the proceeding under section 83A(5) & 93 of the Income Tax Ordinance 1984. 2. In the circumstan..Category: Fiscal/Taxation Law | Date: 24 Jul, 2014 | Hits: 0
State Vs. Robin, 2014, 43 CLC (AD)
....ion did not find any procedural laches in this case. He submitted that having found that the procedure of the trial was in accordance with law, the High Court Division erred in setting-aside and quashing the conviction and sentence of the respondent holding that there was no legal evidence...... with law. The accused respondent Robin be enlarged on bail to the satisfaction of the trial Court till conclusion of the trial. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 272. ..Category: Criminal Law, Women and Children | Date: 24 Jul, 2014 | Hits: 16
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