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State Vs. Mostafizur Rahman and another, 2013, 42 CLC (AD)
....h circumstances delay in commencing the procedural process is inevitable. Moreover, it appears that the police were initially reluctant to accept any information and did so later upon intervention by higher authority. Hence, it cannot be said that the delay in lodging the FIR is unexplained. Further......and findings given by Mohammad Anwarul Haque, J. Court's Order The appeal is dismissed by majority decisions. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 218. ..Category: Criminal Law, Women and Children | Date: 18 Sep, 2013 | Hits: 7
Government of Bangladesh Vs. Md. Abdul Maleque Miah and 7 anothers, 2013, 42 CLC (AD)
....allowed and the impugned judgment and order is set aside with the observations made in the body of the judgment. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 167 ......ater on the Government amended the Industrial Management Service (Abolition, Absorption and Fixation of Seniority) Rules, 1982. The Government issued notification dated 26-12-1981 to award time scale to those officers who were eligible for promotion but could not be awarded promotion concomita..Category: Administrative Law, Constitutional Law | Date: 17 Sep, 2013 | Hits: 3
Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 11
Category: Fiscal/Taxation Law | Date: 31 Jul, 2013 | Hits: 3
Nur Jahan Akhtar Vs. Commissioner of Taxes, 2013, 42 CLC (HCD)
....ated as the DCT) showing various income for the aforesaid assessment years. The DCT after serving statutory notices upon the assessee completed assessments computing total income of the assessee much higher than the income shown by her for the relevant assessment years. Thereupon, the assessee filed......ngladesh is directed to take steps under section 161(2) of the Income Tax Ordinance, 1984. S. H. Md. Nurul Huda Jaigirdar J. - I agree. Ed. This Case is also Reported in: ..Category: Fiscal/Taxation Law | Date: 31 Jul, 2013 | Hits: 2
Category: Administrative Law, Employment/Service Law | Date: 8 Jul, 2013 | Hits: 3
Wadud Mollah (Md.) Vs. Md. Nayem and Another, 2013, 42 CLC (AD)
....ner he appears before the Magistrate the better. The Magistrate after hearing both the parties would do the needful. If any of the parties is aggrieved, he may always seek justice in a higher forum. But such a bail should not be for a longer period which may impede the investigation.&......h the above observations. Let a copy of this judgment be communicated to the learned Judges of the High Court Division. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 93. ..Category: Criminal Law | Date: 17 Jun, 2013 | Hits: 3
Moulana Development Co. Limited Vs. National Board of Revenue and others, 2013, 42 CLC (HCD)
.... aforesaid provision of section 93 of the Income Tax Ordinance 1984, the Taxes Department may also invoke its power of revision under section 120 of the Income Tax Ordinance 1984 if it appears to the higher authority of the DCT concern that any assessment made by the DCT concern is erroneous and pre......t relates to the previous assessment years other than the current assessment years. However, there shall be no order as to costs. Mohammad Ullah J. - I agree. This Case is also Reported in: ..Category: Fiscal/Taxation Law | Date: 12 Jun, 2013 | Hits: 86
Grameen Telecom Vs. Commissioner of Taxes, 2013, 42 CLC (HCD)
....s authorized representative Mr. Mahbubur Rahman, ITP before the DCT concern. But the DCT concern upon disallowing some claimed expenditure assessed the income of the Assessee-applicant at a different higher amount. 3. Being aggrieved with and highly dissatisfied by the said assessment order, the ......o be admitted and heard on merit by the Commissioner of Taxes (Appeal), immediately. However, there shall be no order as to costs. Mohammad Ullah J. -I agree. This Case is also Reported in: ..Category: Fiscal/Taxation Law | Date: 5 Jun, 2013 | Hits: 86
Sheikh Shahadat Hossain (Md.) Vs. National Board of Revenue, and others, 2013, 42 CLC (HCD)
...., 2000 will apply, which prescribes several stages for determination of the value of the goods in question. However, he argues, the Customs Authority did not at all follow those stages and put a higher value on the said goods. Mr. Protikar Chakma, learned AAG, on the other hand, supports the hi......vision in view of sub-section (3) of Section 196G of the said Act. Send down the record of the lower authority. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 522 ..Category: Fiscal/Taxation Law | Date: 25 Apr, 2013 | Hits: 2
Tajul Islam and others Vs. Billal Hossain and another, 2013, 42 CLC (AD)
....an Assistant Sessions Judge deemed to be appointed as an Additional Sessions Judge under the proviso to subsection (3) of section 9 of the Code of Criminal Procedure has the limited power to pass higher sentences except the sentence of death in those Sessions cases which were not hitherto triab......e appellants shall appear before the Sessions Judge, Chandpur and till then the bail granted by this court will continue. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 165. ..Category: Procedural Law | Date: 16 Apr, 2013 | Hits: 8
Dhaka City Corporation Vs. Firoza Begum & others, 2013, 42 CLC (AD)
....on are based on proper appreciation of laws and facts. Accordingly, the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 145. ......ctively. Writ-respondent No.8, the Project Director of UBSDP by his letter dated 23rd March, 1998 informed that salaries of the caretakers of the second project would be paid as per national pay scale of 1997 with effect from July 1, 1997. The third project i.e. Local Partnerships for Urban Pov..Category: Constitutional Law, Employment/Service Law | Date: 6 Mar, 2013 | Hits: 17
AKM Mahtabul Islam Vs. Bangladesh and others, 2013, 42 CLC (HCD)
.... also pointed out that in view of the rejection of the said appeal by the appellate authority and the said order dated 6-1-2011 passed by the appellate authority having not been challenged before any higher forum any writ petition on the self-same allegation in connection with the selfsame election ......s rule is discharged with an exemplary costs of Taka 10,000 (ten thousand) as condition precedent. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 539 ..Category: Constitutional Law, Election Law | Date: 30 Jan, 2013 | Hits: 3
Abul Khair Chandu Vs. State and another, 2013, 42 CLC (HCD)
....sions Judge by a contested judgment dated 28-6-2007 passed in Criminal Revision No. 22 of 2006. The judgment appears to have been passed rightly and none of the parties challenged the same before the higher Court, Therefore, original CR Case No. 103 of 2005 stood disposed of conclusively by the...... all necessary. 17. Send a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 230 ..Category: Banking Law, Criminal Law | Date: 7 Jan, 2013 | Hits: 2
Amanullah (Md.) and other Vs. Abdul Aziz and others, 2012, 41 CLC (HCD)
......................... (d).......................................... (e) Seniority inter se of the future appointees to a Service Cadre, where there is no provision for lateral entry at higher levels, shall be counted from the date of their appointment to the lowest specified post......sts of Upazilla family planning officer as cadre posts (Annexure-"VI"). Thereafter, another letter was issued by Finance Division on 8-6-2011 in which Finance Division have fixed up the pay scale of 250 non-cadre posts of Upazilla family planning officers and to include those posts in the ..Category: Constitutional Law, Contempt of Court Law | Date: 5 Dec, 2012 | Hits: 4
Government of Bangladesh and oth¬ers Vs. Dr. Md. Nazrul Islam Bhuiyan and others, 2012, 41 CLC (AD)
....sed by a Division Bench of the High Court Division in Writ Petition No.29.19 of 2006 is hereby affirmed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 255. ...... the Government Homeopathic Degree College and Hospital, Mirpur, Dhaka. 16. The Ministry of Finance formally approved the said 24 posts stating the conditions / basis of such appointment and pay scale of the incumbent. The said approval was communicated under Memo No.AM/Abi (Basta-4)/Be: Ske (S..Category: Civil Law | Date: 28 Nov, 2012 | Hits: 4
Government of Bangladesh and others Vs. Hamento Kumar Barmon and another, 2012, 41 CLC (AD)
.... of the respondent for 20 day under Section 5 of the Public Employees Discipline (Punctual Attendance) Ordinance, 1982 for leaving his office during the office hours without prior permission from his higher authority and conversely the respondent was convicted for other specific allegations under Re......the respective petitioner as stated in the writ petitions (Writ Petition Nos.459 of 2005 and 1497 of 2005) was that they were appointed as 'Despatch Rider' and 'Club Attendant' at the scale of Taka 500-20-860 (in Grade XX of the revised scale of 1985) on 24-8-1987, 23-11-1987 respect..Category: Employment/Service Law | Date: 28 Nov, 2012 | Hits: 12
Esrarul Huq Chowdhury Vs. Md. Amir Hossain, Advocate and another, 2012, 41 CLC (AD)
....civilized society when there is a conflict between the most specific instructions of his client and his duty to the Court, the latter takes precedence. This is a dictate not from a code of law, but a higher code of honour, which, if disregarded, offends not only the rules of the profession, but stri...... 5 (five) years is set aside and that passed by the Tribunal in the complaint case is restored. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 313,66 DLR (AD) (2014) 1. ..Category: Others | Date: 28 Nov, 2012 | Hits: 23
Rahmat Ali alias Shukkur Vs. State, 2012, 41 CLC (AD)
.... Court must follow in awarding sentence when convicting under section 302 of the Penal Code. While considering the aspect of age of the accused his Lordship looked at a number of cases decided by the higher Courts of the Subcontinent wherethe sentence of death had been modified andsubstituted by tra......o one of imprisonment for life. Accordingly, the Jail Petition No.15 of 2010 is dismissed with modification of sentence of death as stated above. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: 26 Nov, 2012 | Hits: 145
Government of Bangladesh & others Vs. Md. Ghulam Mustafa and others, 2012, 41 CLC (AD)
.... the High Court Division calling for our interference. With the above observations and directions the petition is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 85. ......tion paper, the word “সর্বনিম্ন” had not been given. However, the respondents tried to justify by an explanation that since the temperature range was shown as (-oc) scale, it indicated the lower to the lowest situation sequentially. With regard to question No.73 of..Category: Others | Date: 22 Nov, 2012 | Hits: 20