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A.K.M. Fazlul Haque and Others Vs. Privatization Commission and Others, 2014, 43 CLC (HCD)
....ployees— Privatization Commission (Officers and Employees) Service Regulations, 2002 Competencies for Promotion of Any Officer of the Commission— Only seniority is not the sole yardstick for promotion of any officer of the Commission to the next higher post. Along with hi......position, Affidavits-in-Reply and Supplementary Affidavit and relevant Annexures annexed thereto. 19. There are two components of the Rule-issuing order, that is to say, (1) the respondents were called upon to show cause as to why they should not be directed to consider the promotion of the pet......, the Rule is disposed of with the above observations made in the body of the judgment without any order as to costs. Ed. This Case is also Reported in: 68 DLR (HCD) (2015) 17 ......5) 17 ..Category: Employment/Service Law | Date: 20 Nov, 2014 | Hits: 0
Molina Rani and others Vs. Gopal Goyala and another, 2014, 43 CLC (AD)
.... J .- This Civil Appeal, by leave, is directed against the judgment and order dated 15-6-2002 passed by a Single Bench, of the High Court Division in Civil Revision No. 5450 of 1998 making the Rule absolute. 2. The facts of the case, in brief, are that the respondent No. 1 as plaintiff filed Ot......ugned judgment and order of the High Court Division. Accordingly, the appeal is dismissed, without however any order as to costs. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 240 ......egistered the sale deed in favour of the defendant No. 4 in respect of that ½ decimal of land on 29-8-1992. This defendant has been possessing the said ½ decimal of land. 6. During trial the plaintiff examined two witnesses, defendant No.1 examined one witness and defendant No. 2 ......s Case is also Reported in: 67 DLR (AD) (2015) 240 ..Category: Civil Law, Evidence Law | Date: 20 Nov, 2014 | Hits: 6
Meer Ramij Uddin Vs. Meer Judge Meah and others, 2014, 43 CLC (AD)
.... Uddin Sheikh in equal share of 8 annas each. Amin Uddin Sheikh died leaving his wife Khairun Nessa, one daughter Dhuh Banu and two nephews defendant Nos.1 and 12 as heirs. Dhuh Banu died leaving two sons, plaintiff Nos. 1 and 2 and mother Khairun Nessa and husband defendant No.12 Khairun Nessa died......il petition for leave to appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 208. ......late Court, have not been considered by the High Court Division as the appellant failed to show relevancy of those documents. We are of the view that even now those documents may be considered by the trial Court to see whether the documents referred are relevant to the case in hand and whether relyi......Court Appellate Division (Civil) Present: Syed Mahmud Hossain J Md. Imman Ali J Meer Ramij Uddin ...............................Petitioner Vs. Meer Judge Meah and others.................Respondent Judgment &..Category: Property Law | Date: 20 Nov, 2014 | Hits: 5
Ruhul Amin (Md.) and oth¬ers Vs. Mustafizur Rahman and others, 2014, 43 CLC (HCD)
.........Defendant-Appellant-Petitioners Vs. Mustafizur Rahman and others........Plaintiff-Respondent-Opposite Parties Judgment November 16, 2014. Result: The Rule is made absolute. Boundary Specification— The description of the land must be specific wi......rned counsel on behalf of the petitioners during his argument submits that the plaintiffs in their testimony admits that the record of right stands recorded in the name of the defendants. The so-called possession witnesses of the plaintiffs are not competent, credible, disinterested and tr......ons 30/31 of the State Acquisition and Tenancy Act, 1955. The plaintiffs had no right, title and possession in the suit land. The plaintiffs have no locus standi to file the suit. 4. The learned trial court i.e. the Assistant Judge, Chatkhil during trial of the original suit after examining wit...... This Case is also Reported in: 67 DLR (HCD) (2015) 259 ..Category: Civil Law, Property Law | Date: 16 Nov, 2014 | Hits: 10
State Vs. Secretary, Ministry of Public Administration and others, 2014, 43 CLC (AD)
....stigation into a case by the two investigation agencies is allowed to continue obviously, there will be two separate police reports, then there may be chance of conflicting reports and there may be also chance of recording of contradicting statements of the witnesses examined by the two investi......9;ganj to protest killings" respectively and some other similar news items published in different other daily vernacular n 5-5-2014." By the suo motu Rule, the High Court Division called upon the Secretary, Ministry of Public Administration; the Secretary, Ministry of Law, Justic......hy;ing of contradicting statements of the witnesses examined by the two investigation agencies during the investigation of the case and in the long run, that would cause serious prejudice to the fair trial of the case.... (8 & 9) Further Investigation Sub-sections (2) and (3B) of......d. Abdul Wahhab Miah J Hasan Foez Siddique J AHM Shamsuddin Chowdhury J State.....................Petitioner (In both cases) Vs. Secretary, Ministry of Public Administration and others…..Respondents (In both cases) Judgment November 10, 2014. Result: ..Category: Criminal Law, Procedural Law | Date: 10 Nov, 2014 | Hits: 4
....
This Case is also Reported in:
......ome Tax Ordinance 1984 by the National Board of Revenue, the tax liability of the assessee-applicant became finalized & absolute. But the DCT concern most surprisingly upon finding some of the so-called concealment of income initiated the proceeding under section 93 of the Income Tax Ordinance 1......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:
......;……….....Respondent
Judgment
October 27, 2014 & October 28, 2014
Result:
The questions formulated for determination are answered in the negative and in favour of assessee.
Questions formulated for determination:
I. In the circumstance..
Category: Fiscal/Taxation Law | Date: 28 Oct, 2014 | Hits: 1
Chowdhury Mohidul Haque Vs. Anti-Corruption Com¬mission and others, 2014, 43 CLC (AD)
....heet is submitted on the basis of fresh evidence Under normal circumstances, if on the basis of fresh evidence a supplementary charge-sheet is submitted, for example by adding name of accused person (s) who had not been included in the initial charge-sheet, there would be no questioning the leg......hellip;...(11) Although the initial charge-sheet was submitted against only one accused person, upon finding prima facie evidence against him, he still remains an accused in spite of the so called "reinvestigation" of the case whereby the petitioner before us has been additi......petitioner was shown as Prosecution Witness No.11. 4. On 24-12-2006 the learned Magistrate, Barisal accepted the charge-sheet and sent the case record to the Court of Sessions Judge, Barisal for trial. On 23-1-2007 the learned Senior Special Judge, Barisal received the Case Record and on 18-2-2...... (Civil) Present: Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Chowdhury Mohidul Haque................Petitioner Vs. Anti-Corruption Commission and others.............Respondents Judgment October 21, 2014. Result: The petiti..Category: Civil Law | Date: 21 Oct, 2014 | Hits: 6
State Vs. Md. Lutfur Rahman and others, 2014, 43 CLC (AD)
....ajpur convicting the accused-appellants (the respondents herein) under sections 409/109 of the Penal Code read with section 5(2) of the Act II of 1947 and sentencing them to suffer rigorous imprisonment for 2(two) years and to pay a fine of Taka 25,000 each, in default, to suffer rigorous impri......ars imposed on the accused-respondents by the trial Court be reduced to the period they have already undergone. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 150. ......used persons under sections 409/420/ 109 of the Penal Code read with section 5(1) (2) of the Act II of 1947. The case was ultimately transferred to the Court of Divisional Special Judge, Rajshahi for trial. This Court held trial after framing formal charge against the accused persons under sections ......ion (Criminal) Present: Nazmun Ara Sultana J Syed Mahmud Hossain J Md. lmman Ali J State........................................Appellant Vs. Md. Lutfur Rahman and others.......Respondents Judgment October 21, 2014. Result: The appeal is al..Category: Criminal Law | Date: 14 Oct, 2014 | Hits: 2
Shawkat Hossain (Md.) and another Vs. Golam Mohammad and another, 2014, 43 CLC (HCD)
....ture or document the Court should obtain expert's opinion......(13) The disputed signature of the defendant No. 1 in the alleged bainapatra the exhibit-1 should be examined and compared with some admitted signatures of the defendant No.1 by a hand writing expert and for this purpose th......ten statement further contended that he worked as an employee under Railway Department since 1940 and retired in 1977 and during this period, he always signed his name in Bengali and that the so-called signatures in the alleged deed of agreement in English are not of the defendant No.1. ......d in 1977 and during this period, he always signed his name in Bengali and that the so-called signatures in the alleged deed of agreement in English are not of the defendant No.1. 4. In the trial Court the plaintiff examined 3 witnesses and produced some documents in order to prove his cas......ed in: 20 BLC (AD) (2015) 27 ..Category: Evidence Law, Property Law | Date: 20 Sep, 2014 | Hits: 10
Intekhab Ahmed Khan Vs. Sabbir Ahmed Chowdhury, 2014, 43 CLC (AD)
....nd Assistant Judge and Rent Controller, Dhaka under section 19 of the Rent Control Act. The plaintiff being the opposite-party contested the case asserting that the premises were necessary for his personal use as he decided to make construction and obtained a plan duly approved by RAJUK. The plainti......Division is set-aside and the judgment and decree passed by the trial Court is hereby restored. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 2 ......n 106 of the Transfer of Property Act upon the defendant. So, the tenancy still exists. The defendant is not a defaulter and, as such, the case of the plaintiff is liable to be dismissed. 4. The trial Court upon hearing the parties by the judgment and order dated 7-2-2007 decreed the suit on co.......................Respondent Judgment September 17, 2014. Result: The appeal is allowed. A tenant is liable to be evicted if he is a defaulter in payment of rent, if the landlord needs the suit premises for bona fide requirement and if the tenant denies the title of the ..Category: Tenancy Law | Date: 17 Sep, 2014 | Hits: 13
Intekhab Ahmed Khan Vs. Sabbir Ahmed Chowdhury, 2014, 43 CLC (AD)
....th landlord's assent creates an implied contract constituting a tenancy by holding-over. Such a tenancy cannot be created by the tenant's continuance of possession alone and there must also be the assent of the landlord, which may be expressed or implied…………&......dgment delivered by the High Court Division is set-aside and the judgment and decree passed by the trial Court is hereby restored. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 2. ......n 106 of the Transfer of Property Act upon the defendant. So, the tenancy still exists. The defendant is not a defaulter and, as such, the case of the plaintiff is liable to be dismissed. 4. The trial Court upon hearing the parties by the judgment and order dated 7-2-2007 decreed the suit on co......tember 17, 2014. Result: The appeal is allowed. A tenant is liable to be evicted under the Premises Rent Control Act (1) if he is a defaulter in payment of rent (II) if the landlord needs the suit premises for bona fide requirement and (III) if the tenant denies the ti..Category: Tenancy Law | Date: 17 Sep, 2014 | Hits: 6
Onil Kuar Podder and others Vs. Mostafa Unuch, 2014, 43 CLC (HCD)
.... In 1885 there was no corresponding statutory law governing the field of pre-emption and at that time pre-emption was governed as per provision of Muhammadan Law, pre-emptor be Hindu then also he could preempt the land under the provision of Muhammadan Law but now scenario has been changed......aside. Pre-emption Title Suit No. 47 of 2007 is dismissed. Send down the lower court records at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 302 ......ity, justice and good conscience." ****** "Coming to the Regulation (IV of 1827), Cluase 26 which governs the mofussil in the Bombay presidency, the law to be observed in the trial of suits shall be Acts of parliament and Regulations of Government applicable to the case whic...... (2015) 302 ..Category: Property Law | Date: 15 Sep, 2014 | Hits: 8
Enamul Hoque Chowdhury Vs. Deputy Commissioner of Taxes, 2014, 43 CLC (HCD)
.... is also Reported in: ......ssioner of Taxes therefore acted beyond his jurisdiction to work out the money used and invested out of a bank loan in the renovation of house as an increase of assets and ultimately, in assessing so-called increase as “income from other sources” under sub-section (1) of section 19 read ......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: ......e, 1984 (Ordinance No. XXXVI of 1984); Section 93 S.R.O. No. 98 of 2007 Admittedly the Assessee-writ-petitioner in writ 13004 of 2012 has obtained the privilege of the S.R.O. No. 98 of 2007 and disclosed his undisclosed income for the assessment year 2006-2007 and paid the required tax alo..Category: Fiscal/Taxation Law | Date: 14 Sep, 2014 | Hits: 0
Abul Bashar Chowkidar Vs. Abdul Mannan @ Khademul Islam and others, 2014, 43 CLC (AD)
....vestigation", which is allowed by the law. Under normal circumstances, if on the basis of fresh evidence a supplementary charge-sheet is submitted, for example by adding names of accused person(s) who had not been included in the initial charge-sheet, there would be no questioning the lega...... the CID filed the application for reinvestigation into the case with ulterior motive in order to exonerate the real culprits and included the name of the informant's wife as an accused in the so-called supplementary charge-sheet in order to screen the real offenders. The learned Advocate pointe......heet dated 28-2-2004 bears a new and independent number. Clearly it is not a supplementary charge-sheet. The second charge-sheet is not one contemplated under the law and hence it is illegal. No trial can take place on the basis of any illegal and palpably motivated charge-sheet……......sent: Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Abul Bashar Chowkidar.......................................Petitioner Vs. Abdul Mannan @ Khademul Islam and others…………… Respondents Judgment September 11, 2014..Category: Criminal Law, Procedural Law | Date: 11 Sep, 2014 | Hits: 34
Asset Developments & Holdings Ltd. vs. Commissioner of Taxes, 2014, 43 CLC (HCD)
....: 1. Whether on the facts and in the circumstances of the case in the absence of any finding that the applicant has not followed a regular method of accounting its income could be computed by resorting to estimate or in any manner or basis other than in accordance with the method of accounting......e applicant by resorting to estimate. 4. Whether on the facts and in the circumstances of the case the Deputy Commissioner of Taxes could compute the income of the applicant by relying on the so called enquiry carried out by the Inspector of the circle long time after the relevant income year a......nt, are answered in negative and in favour of the Assessee-applicant. However, there shall be no order as to cost. Md. Emdadul Haque Azad, J: Ed. This Case is also Reported in: ...... bagicha, Dhaka………….....Respondent Judgment September 7, 2014 Result: The questions formulated for determination are answered in the negative and in favour of assessee. Questions formulated for determination: 1. Whether on the fact..Category: Fiscal/Taxation Law | Date: 7 Sep, 2014 | Hits: 5
.... the aforesaid Title Suit No.137 of 1995 for permanent injunction. It is the case of plaintiffs that suit land originally belonged in 2 annas share to Hafiza Khatoon, wife of, Alimuddin, predecessor of plaintiffs. Fazil Mia is the son of Jorina Khatoon, sister of Hafiza Khatoon. Homestead of Fa...... Rule No.364(R) of 2007 (Violation) is disposed of.
Send down the lower court records. Communicate this order at once.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 42.
...... suit should be dismissed with cost;
4. In the suit, plaintiff examined 4 witnesses and defendant examined 1 witness, beside plaintiff exhibited some documents.
5. Learned Judge of the trial court decreed the suit. Learned Judge of the appellate court dismissed the suit in allowi......ted in: 67 DLR (HCD) (2015) 42.
..
Category: Limitation Law, Property Law | Date: 4 Sep, 2014 | Hits: 6
Yunus (Md.) Vs. State & another, 2014, 43 CLC (HCD)
....conclusion of trial if it is necessary to prevent the abuse of the Court or otherwise to secure ends of justice…(16) Contractor as an Agent from Any Department Of The Government is also an Entrustment with Property— Criminal breach of trust by agent— any contractor ......" 33. Section 38 of the Anti-Corruption Commission Act, 2004 contemplates as under: 38. Reapeal and Savings—(1) The Anti-Corruption Act, 1957 (Act XXVI of 1957) hereinafter called the Act and the Anti-Corruption (Tribunal) Ordinance, 1960 (Ord. No.XVI of 1960) hereinafter ......ction 561A of the Code It is pertinent to make a note of that inherent power under section 561A of the Code of Criminal Procedure can be invoked at any stage of the case even after conclusion of trial if it is necessary to prevent the abuse of the Court or otherwise to secure ends of justice&he......1; Md. Matiur Rahman Vs. State, 19 BLD 607 = 4 BLC 375; Golam (Md.) Abdul Awal Sarkar Vs. State, 49 DLR 95; Abul Basher Vs. State, 47 DIJR 521; Abdul All Vs. State, 30 DLR (SC) 58; Taslima Khatoon Chhanda Vs. State, 17 BLC 277; Lutfar Rahman Vs. State, 25 DLR (AD)101; Md. Moslem Uddin Vs. State, 10 ..Category: Criminal Law, Procedural Law | Date: 13 Aug, 2014 | Hits: 8
Haji Mohammad Ali vs. Commissioner of Taxes, 2014, 43 CLC (HCD)
....sman dealing with the trading of Oil and Sugar in the whole sale market having Proprietorship Firm named, M/S. Shahnewaz Enterprise. The Assessee-applicant derives income from the said business and also from the house property owned by him. The Assessee-applicant is a regular income tax payee under ......ke payment of Tk. 1,00,00,000.00 (one crore) through Pay Order as due tax and in default threaten to file criminal cases under section 165 and 166 of the Income Tax Ordinance 1984 on the ground of so called concealment of income of the Assessee-applicant. Finding no other alternative the Assessee-ap......der of sugar and other consumer item for which the purchaser of due from the Assessee-applicant deposited money in the bank account of the Assessee-applicant which was time flight to the concern industrial enterprise who delivers the consumer item to the purchaser and therefore the money which has b......hellip;…………..Respondent Judgment July 23, 2014 & July 24, 2014 Result: The questions formulated for determination are answered in the negative and in favour of assessee. Questions formulated for determination: In Income Tax Reference..Category: Fiscal/Taxation Law | Date: 24 Jul, 2014 | Hits: 0
State Vs. Robin, 2014, 43 CLC (AD)
....for leave to appeal is directed against the judgment and order dated 5-4-2011 passed by a Division Bench of the High Court Division in Criminal Miscellaneous Case No.20704 of 2010 making 5 the Rule absolute. 2.The facts relevant for disposal of the instant criminal petition are that one Kohinoo...... 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. ......p; 4. Thereafter, the case record was transmitted to the Nari-o-Shishu Nirjatan Daman Tribunal, Bhola for trial. The learned Judge of the said Tribunal took cognizance of the offence against the respondent ...............Petitioner Vs. Robin............................Respondent Judgment July 24, 2014. Result: The petition is disposed of. Contradiction between F.I.R. lodged and evidence When there exists serious contradiction between F.I.R. lodged by the victim and hi..Category: Criminal Law, Women and Children | Date: 24 Jul, 2014 | Hits: 16
J.S.M. Glass Industries Limited Vs. Deputy Commissioner of Taxes, 2014, 43 CLC (HCD)
.... Ltd., 105, Kazi Nazrul Islam Avenue, Kowran Bazar, Dhaka....................................Respondent. Judgment July 22, 2014 & July 23, 2014 Result: The rule Nisi is made absolute. The Income Tax Ordinance, 1984 (Ordinance No. XXXVI of 1984); Section 52 The Incom......ome Tax Ordinance 1984 has not been empowered to make such clarification by SRO after June, 1988. Therefore, the extension of the provision of section 52 of the Income Tax Ordinance 1984 by way of so-called clarification, made by the National Board of Revenue, not even gazette notified, has no force...... court may seem fit and proper”. Fact of the Writ Petitioner 2. It has been asserted in the instant, very badly drafted, writ petition, that the Assessee-writ petitioner being an industrial undertaking using natural gas for manufacturing glass products, while paid the gas bill to the......as company rather the bill served by the gas company is collected through the banking channel, which has not been denied by the taxes department that the consumer pays the bill to the classified Bank and the Bank in turn pays the billed amount to the gas company. It appears from the highlighted port..Category: Fiscal/Taxation Law | Date: 23 Jul, 2014 | Hits: 0
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