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M/s. House Building Finance Corporation Vs. Commissioner of Income Tax, Dhaka, 1984, 13 CLC (AD)
....rofits and gains cannot properly be deduced there from, then the computation shall be made upon each basis and in such manner as the Income-tax Officer may determine." ......income-tax on any income, profits or gains which has not been actually received by it. 12. The conflicting stands taken by the appellant and the Income-tax department seem to veer round the question whether the appellant was entitled to maintain account in mercantile method but submit inc......rofits and gains cannot properly be deduced there from, then the computation shall be made upon each basis and in such manner as the Income-tax Officer may determine." ..Category: Fiscal/Taxation Law | Date: | Hits: 102
State Vs. Abul Kashem, 1985, 14 CLC (AD)
.... In the result, the appeal is allowed, the High Court Division's order is set aside and that of the trial Court restored. Ed. This Case is also Reported in: 37 DLR (AD) 91. ......sp; Shahabuddin Ahmed J.— In this appeal by special leave, at the instance of the State, the legality of the High Court Division's order of acquittal in revision has been called in question. The main question is whether the act and conduct of the accused persons, even if admitte...... In the result, the appeal is allowed, the High Court Division's order is set aside and that of the trial Court restored. Ed. This Case is also Reported in: 37 DLR (AD) 91. ..Category: Criminal Law | Date: | Hits: 39
Hazer Ali Mandal and others Vs. State, 1984, 13 CLC (AD)
....Ali Mondal under section 302 of the Penal Code, and the sentence of transportation for life passed thereunder is confirmed. Ed. This Case is also Reported in: 37 DLR (AD) 87. ......Ali Mondal under section 302 of the Penal Code, and the sentence of transportation for life passed thereunder is confirmed. Ed. This Case is also Reported in: 37 DLR (AD) 87. ...... decision of the trial Court. The chain of circumstances established against appellant Hazer Ali Mondal conclusively establish that he is guilty of the offence charged. He failed to set up any facts, which may cast reasonable doubt over the prosecution case or to show that the circumstantial..Category: Criminal Law | Date: | Hits: 52
Bangladesh Vs. Abul Kaiser Chowdhury and others, 1984, 13 CLC (AD)
.... reason to take a different view. In this view of the matter the appeal is allowed. The suit is dismissed. No order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) 85. ......ed Subordinate Judge. Thereafter the plaintiff filed a Second Appeal before the High Court Division and the learned Single Judge sent the case on remand to the lower appellate Court to consider the question of substitution of the successor Mutwalli. This is the impugned order and leave was grante...... reason to take a different view. In this view of the matter the appeal is allowed. The suit is dismissed. No order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) 85. ..Category: Trust/Waqf Law | Date: | Hits: 193
Shafiqur Rahman Vs. Idris Ali, 1983, 12 CLC (AD)
.... Ahmed J. ORDER OF THE COURT By the majority decision, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) 71. ......,000/- to defendant-respondent and executed a kabala on January 30, 1958. For affecting the transfer he executed a power of attorney in favour of Ahmed Khan on January 28, 1958. Properties in question were purchased by the defendant-respondent before the institution of the plaintiff's ...... Ahmed J. ORDER OF THE COURT By the majority decision, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) 71. ..Category: Others | Date: | Hits: 86
Jarina Khatun & ors. Vs. Pulin Chandra Das and others, 1984, 13 CLC (AD)
...., the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) 67. ...... (Act V of 1908) Order 6, rule 17 Since the relief prayed for in the amendment petition appears to follow from the declaration prayed for in the plaint, the contention that there was no question of limitation does not appear to be unacceptable. Where it is found after taking evidence......, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) 67. ..Category: Property Law | Date: | Hits: 38
Md. Osman Gani Vs. Mst. Kulsum Bibi & ors., 1984, 13 CLC (AD)
....echnicality of procedural law. In the result therefore this appeal is dismissed but there will be no order to costs. Ed. This Case is also Reported in: 37 DLR (AD) 63. ......culation the said share was reduced for which no objection could be taken. In this view of the matter the revisional application was rejected summarily. 6. Leave was granted to consider the question whether in the absence of any cross appeal filed by the defendants the appellate Court bel......echnicality of procedural law. In the result therefore this appeal is dismissed but there will be no order to costs. Ed. This Case is also Reported in: 37 DLR (AD) 63. ..Category: Property Law | Date: | Hits: 38
Alex & Simon International Ltd. Vs. Yasmin Bashar & others, 2007, 36 CLC (AD)
.... Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 359. ......case bearing No. 248 of 2004 before the Chief Metropolitan Magistrate, Dhaka on 19.02.2004 under Section 145 of the Code of Criminal Procedure alleging, inter alia, that they purchased the land in question on 28.04.1977 and since then they have been in possession of the same on getting their nam......and also to furnish bonds ensuring peace in the area was found to be innocent. Since no proceeding was drawn up, the Rule was discharged as there was no substance in the Rule. 6. In the facts and circumstances of the case and in view of the discussion made above, we are of the view th..Category: Criminal Law | Date: | Hits: 45
Akbar Ali and others Vs. Mosammat Rabeya Sultana (Koli) and another, 2007, 36 CLC (AD)
.... In view of our discussions as above we find no substance in this petition and accordingly the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 355. ...... In view of our discussions as above we find no substance in this petition and accordingly the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 355. ......Mymensingh Kotwali Police Station Case No.30 dated 11.12.2003 under Sections 341/386/313/34 of the Penal Code lodged against the petitioners and others which was granted on 06.07.2004 2. The facts leading to the leave petition are that the respondent No. 1 filed a petition of complain..Category: Criminal Law | Date: | Hits: 45
Salam alias Md. Salim Vs. State, 2008, 37 CLC (AD)
....interference with the judgment of the High Court Division. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 352. ......interference with the judgment of the High Court Division. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 352. .......1998 corresponding to G.R. Case No.39 of 1998 rejecting the criminal reference and dismissing the criminal appeal with modification altering death sentence to imprisonment for life. 2. The facts, in short, are that one Md. Ishaque, the father of the deceased Md. Jafar lodged the First In..Category: Criminal Law | Date: | Hits: 35
Md. Jasimuddin Sarker Vs. State, 2008, 37 CLC (AD)
.... above, the submission of the learned Advocate-on-Record deserves no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 349. ...... above, the submission of the learned Advocate-on-Record deserves no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 349. ......Case No. 19(11) of 1994 under Section 420/406/210/109 of the Penal Code read with section 5(2) of the Anti-Corruption Act, II of 1947 now pending before the Special Judge, Mymensingh. 2. The facts of the case, in short, are that the Inspector, District Anti-Corruption Bureau of Mymensingh ..Category: Criminal Law | Date: | Hits: 64
State Vs. Saheb Ali, 2008, 37 CLC (AD)
....Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 343. ......Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 343. ......aw is that extra-judicial confession to be relied upon requires independent corroboration. But in the instant case such independent corroboration is totally absent. 9. Therefore, in the facts and circumstances of the case and in view of the discussion made above, we are of ..Category: Criminal Law | Date: | Hits: 45
State Vs. Md. Jalal Miah and another, 2008, 37 CLC (AD)
....risonment for life. There is therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 341. ......risonment for life. There is therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 341. ......d immoral love affairs. Hence the impugned judgment deserves interference for the ends of justice. 7. We are not impressed by the submissions made by the Deputy Attorney General. In the facts and circumstances of the case, we are of the view that the High Court Division upon correct a..Category: Criminal Law | Date: | Hits: 51
Bashir Mia and another Vs. State, 2009, 38 CLC (AD)
....16. In the facts and circumstances of the case we find no substance in these jail petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 335. ......16. In the facts and circumstances of the case we find no substance in these jail petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 335. ......ed against the judgment and order dated 13.08.2007 and 14.08.2007 in Death Reference No. 161 of 2003 heard with Criminal Appeal No. 1074 of 2004 and Jail Appeal No. 860 of 2003. 2. The short facts giving rise to civil petitions are as under: - This criminal appeal, at the inst..Category: Criminal Law | Date: | Hits: 41
Chittagong City Corporation Vs. Executive Engineer, Public Works Dept, Chittagong, 2008, 37 CLC (AD)
....matter the High Court Division has rightly discharged. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 332. ......pugned judgment and order of the High Court Division and other papers on record. 11. It appears that the High Court Division found that the subject matter of the writ petition is a disputed question of facts and the violation of contract which can be adjudicated in the civil court on the ......ging the Rule directing the respondent No.1 implement the impugned order and remove all the unauthorised construction from the said premises within receipt of the judgment. 2. The facts, in short, are that the petitioner filed Writ Petition No. 3978 of 2003 stating that the..Category: Civil Law | Date: | Hits: 113
....ircumstances, we do not find any cogent reason to interfere with the judgment of the High Court Division.
The petition is dismissed.
Ed.
This Case is also Reported in: VI ADC (2009) 330.
......ircumstances, we do not find any cogent reason to interfere with the judgment of the High Court Division.
The petition is dismissed.
Ed.
This Case is also Reported in: VI ADC (2009) 330.
......ition for leave to appeal is directed against the judgment and order dated 13th October, 2008 passed by the High Court Division in Civil Revision No. 2145 of 2008 discharging the Rule.
2. Short facts as placed before the High Court Division are that the opposite party Nos.1 and 2 as plaintiffs..
Category: Civil Law | Date: | Hits: 118
Md. Tozammel Hossain Vs. River Research Institute, 2008, 37 CLC (AD)
....present service. In view of the above, we find no substance in the submission of the learned Counsel for the petitioner. Ed. This Case is also Reported in: VI ADC (2009) 326. ......present service. In view of the above, we find no substance in the submission of the learned Counsel for the petitioner. Ed. This Case is also Reported in: VI ADC (2009) 326. ....... - The petitioner seeks Leave to Appeal against the judgment and order dated 03.07.2005 passed by the High Court Division in Writ Petition No.6544 of 2004 discharging the Rule. 2. The facts as detailed in the writ petition, in short, are that the petitioner joined as an Assistant Te..Category: Employment/Service Law | Date: | Hits: 92
Anti-Corruption Commission Vs. Md. Abul Kalam Shamsuddin and others, 2008, 37 CLC (AD)
.... the above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 323....... the above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 323.......wful authority of Paltan P.S Case No. 36 (11) 07 corresponding to G.R No. 803 of 2007 arising out of ACC G.E No. 139 of 2007 under Section 26/27 of the Anti-Corruption Commission Act, 2004. 2. The facts of the case, in short, are that the respondent No. 1-writ-petitioner challenged the Memo. No..Category: Anti-Corruption Laws | Date: | Hits: 119
Md. Abdus Samad and others Vs. Md. Mukbal Hossain Mondal and others, 2008, 37 CLC (AD)
....ubstance in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 320. ......ubstance in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 320. ......trict Judge, Rangpur in Other Appeal No. 110 of 1998 reversing those dated 09.07.1998 passed by the Senior Assistant Judge, Mithapukur in Other Suit No.74 of 1995 decreeing the suit. 2. The facts of the case, in short, are that the plaintiffs instituted Other Suit No.74 of 1995 in the Cou..Category: Property Law | Date: | Hits: 28
A.H.M. Quamruzzaman and others Vs. Rajdhani Unnayan Kartripakkha (RAJUK), 2008, 37 CLC (AD)
....ondents are directed to ensure the same by implementing their undertaking. With this observation the leave petition is disposed of. Ed. This Case is also Reported in: VI ADC (2009) 316. ......ondents are directed to ensure the same by implementing their undertaking. With this observation the leave petition is disposed of. Ed. This Case is also Reported in: VI ADC (2009) 316. ......This petition for leave to appeal is directed against the judgment and order dated 16.06.2008 passed by the High Court Division in Writ Petition No. 4383 of 2007 discharging the Rule. 2. The facts, in short, are that the respondent Nos. 3 and 4 being the President and Secretary of the..Category: Property Law | Date: | Hits: 38
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