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....ctim died, the High Court Division came to a finding that the accused was not able to prove his 'alibi'. The High Court Division further observed that according to PW 2 the place of business of the accused is about 3 miles from the place of occurrence house where the accused l......illed in the house of the husband where they reside together. In such circumstance, the husband will have to prove by positive evidence that he was absent from the house when his wife was killed or explain by evidence how she came to meet her death.....(19)
Case Referred to-
Governmen......n to interfere with the decision of the High Court Division. Accordingly, the criminal petition for leave to appeal is dismissed.
Ed.
This Case is also Reported in: 67 DLR (AD) (2015) 54.
......n to interfere with the decision of the High Court Division. Accordingly, the criminal petition for leave to appeal is dismissed.
Ed.
This Case is also Reported in: 67 DLR (AD) (2015) 54.
..
Category: Women and Children | Date: 20 Jun, 2014 | Hits: 15
....
3. The seat of our arbitrations is in England. No one can decide or agree otherwise.
4. Disputes shall be settled according to the law of England wherever the domicile, residence or place of business of the parties to the contract may be.
5. If parties have agreed to arbitration u...... (2010) 330
...... proceed with our judgment.
18. The agreement upon which the legal battle arose in which plaintiff and defendant themselves agreed may be looked into:—
"This contract incorporates the Rules and By-Laws of the International Cotton Association in force at the time t......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
..
Category: Arbitration Law, Civil Law, Procedural Law | Date: 28 May, 2014 | Hits: 7
....trative Appellate Tribunal, but for other grounds discussed above. Accordingly, the petition is dismissed.
Ed.
This Case is also Reported in: 67 DLR (AD) (2015) 127.
......, 2014.
Result:
The petition is dismissed.
Lawyers Involved:
KhurshidAlam Khan, Advocate instructed by Zainul Abedin, Advocate-on-Record—For the Petitioner.
Sarder Rashed Zahangir, Deputy Attorney-General instructed by Md.......trative Appellate Tribunal, but for other grounds discussed above. Accordingly, the petition is dismissed.
Ed.
This Case is also Reported in: 67 DLR (AD) (2015) 127.
......trative Appellate Tribunal, but for other grounds discussed above. Accordingly, the petition is dismissed.
Ed.
This Case is also Reported in: 67 DLR (AD) (2015) 127.
..
Category: Administrative Law | Date: 25 May, 2014 | Hits: 9
....ancement of education, health, etc. mainly for the poorest segment of the rural people. Its funds constitute mainly of donations from benevolent foreign donors and it also earns income from different business undertakings, namely, Aarong, BRAC Printers, BRAC Dairy Farm, interest and dividend. The as......er 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:
...... Court of Bangladesh, is to take necessary 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:
...... Court of Bangladesh, is to take necessary 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: 14 May, 2014 | Hits: 9
State and another Vs. Abdul Kader @ Mobile Kader and others, 2014, 43 CLC (AD)
....amined this witness, he did not challenge the incriminating statement as quoted above about his complicity in the plan of Killing the deceased Abdul Kader. He admitted that accused Thandu Member is a businessman and an old man. P.W.18 admitted in course of cross-examination that P.W.3 did not tell h......Criminal Appeal No.22 of 2010 is allowed. Criminal Appeal No.23 of 2010 is dismissed. Criminal Appeal No.24 of 2010 is allowed. Case Referred to- Mirza Akbar Vs. King of Emperor, AIR 1940 PC 176; Williams and Coleridge, JJ, Reg Vs. Blake, 1844 (6 QB) 126; Zulfikar Ali Bhutto...... 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. ...... 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
Bangladesh Rural Advancement Committee (BRAC) Vs. Commissioner of Taxes, 2014, 43 CLC (HCD)
....ancement of education, health, etc. mainly for the poorest segment of the rural people. Its funds constitute mainly of donations from benevolent foreign donors and it also earns income from different business undertakings, namely, Aarong, BRAC Printers, BRAC Dairy Farm, interest and dividend. The as......of the Income Tax Ordinance, 1984. S. H. Md. Nurul Huda Jaigirdar J. - I agree. This Case is also Reported in: ......esh, is to take necessary steps under section 161(2) of the Income Tax Ordinance, 1984. S. H. Md. Nurul Huda Jaigirdar J. - I agree. This Case is also Reported in: ......esh, is to take necessary steps under section 161(2) of the Income Tax Ordinance, 1984. S. H. Md. Nurul Huda Jaigirdar J. - I agree. This Case is also Reported in: ..Category: Fiscal/Taxation Law | Date: 14 May, 2014 | Hits: 3
Bangladesh Rural Advancement Committee (BRAC) VS. The Commissioner of Taxes, 2014, 43 CLC (HCD)
....52,980/- for the assessment year 2001-2002 and Tk. 34,18,94,931/- for the assessment year 2002-2003. The IACT identified three sources of income of the assessee, namely,- (i) donations received, (ii) business and industrial undertakings and (iii) other sources. The IACT observed that the incomes rec......r 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: ...... Bangladesh is directed to take necessary 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: ...... Bangladesh is directed to take necessary 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: 12 May, 2014 | Hits: 5
Bangladesh Rural Advancement Committee (BRAC) Vs. Commissioner of Taxes, 2014, 43 CLC (HCD)
....52,980/- for the assessment year 2001-2002 and Tk. 34,18,94,931/- for the assessment year 2002-2003. The IACT identified three sources of income of the assessee, namely,- (i) donations received, (ii) business and industrial undertakings and (iii) other sources. The IACT observed that the incomes rec......ction 161(2) of the Income Tax Ordinance, 1984. S. H. Md. Nurul Huda Jaigirdar J.- I agree. This Case is also Reported in: ......ngladesh is directed to take necessary steps under section 161(2) of the Income Tax Ordinance, 1984. S. H. Md. Nurul Huda Jaigirdar J.- I agree. This Case is also Reported in: ......ngladesh is directed to take necessary steps under section 161(2) of the Income Tax Ordinance, 1984. S. H. Md. Nurul Huda Jaigirdar J.- I agree. This Case is also Reported in: ..Category: Fiscal/Taxation Law | Date: 12 May, 2014 | Hits: 5
Md. Abul Bashar Vs. Government of Bangladesh, 2014, 43 CLC (HCD)
....l effect. The order of stay granted earlier is hereby vacated. There would, however, be no order as to cost. Md. Badruzzaman J. - I agree Ed. This Case is also Reported in: ......angladessh & others, 51 DLR 261; Fazlur Rahman Vs.Bangladesh & others, 4 BLC 526; Saiful Islam (Md.) Vs. Bangladesh & others 66 DLR 310; Associated Provincial Picture House Vs.Wednesbury Corp (1948) 1 KB 223; Roncarelli Vs. Duplessis 16 DLR (2d) 689. Lawyers Involved: Khurshid ......l effect. The order of stay granted earlier is hereby vacated. There would, however, be no order as to cost. Md. Badruzzaman J. - I agree Ed. This Case is also Reported in: ......pondent No. 7 only to accommodate him there not for the interest of the people. He put in two supplementary affidavits to show, inter alia, that there was no proposal or recommendation from the local bodies or administrative unit for creating the new jurisdiction, therefore, the Memo dividing the ju..Category: Administrative Law, Constitutional Law | Date: 4 May, 2014 | Hits: 5
Ayub Hossain Khan (Md.) Vs. Bangladesh and others, 2014, 43 CLC (AD)
....the learned Advocate and his client resorted to clear fraud upon the Court for which they deserve to be reprimanded. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 215. ......b Hossain Khan (Md.)................................Petitioner [In both the cases] Vs. Bangladesh and others (In Civil Petition 1901 of 2011) Human Rights and peace for Bangladesh [In Civil Petition 1902 of 2011]……..Respondent Judgment May 4,......the learned Advocate and his client resorted to clear fraud upon the Court for which they deserve to be reprimanded. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 215. ......acher and Governors of Y School 2008 1 All ER 249. 105. It has been held in R Vs. Ministry of Agriculture Fisheries and Food, Ex P Hamble Fisheries Ltd. ( 1995 2 All ER 714), that to bind public bodies to an unlawful representation would have the duel effect of extending statutory power and des..Category: Civil Law, Property Law | Date: 4 May, 2014 | Hits: 20
Khan Mohammad Ameer Vs. Atiqur Rahman and others, 2014, 43 CLC (HCD)
....ould be enforced by specific performance." 33. The facts of the case reported in 7 BLC (AD) 101 that the plaintiff had given a power of attorney to his uncle defendant No. 1 for running his business in the shop premises situated at Mohammadpur Kacha Bazar due to pre-occupation elsewhere. T......e initial stage and can be decided only on the basis of evidence at the time of trial.......(41) The continuation of the suit is found to be an abuse of the process of the Court, if the suit is foredoomed or if the ultimate result of the suit is as clear as the daylight, the suit should be buri......t is directed to proceed with the suit as per law. Send down the lower Court's records at once. Communicate the order. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 2008 ......t is directed to proceed with the suit as per law. Send down the lower Court's records at once. Communicate the order. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 2008 ..Category: Civil Law, Procedural Law | Date: 30 Apr, 2014 | Hits: 6
Parul Nath and others Vs. State, 2014, 43 CLC (AD)
....ing that the principal accused-Ram Krishna Nath was an established businessman, a pawn broker, lending money by taking gold ornaments as security. His ancestors had been engaged in the same business in the selfsame premises. The informant did not file any naraji petition against the said f......posed of on terms. Case Referred to- Gannysons Ltd Vs. Sonali Bank, 37 DLR (AD) 42. Lawyers Involved: Abdullah-al-Mamun, Advocate instructed by Nurul Islam Bhuiyan, Advocate-on-Record—For the Petitioners. Shafique Ahmed, Senior Advocate instructed by Md.Taufique Hossai......roperty or alamots after the disposal of the case. That being the position of the Act, 1974, the Tribunals cannot be left without any power to deal with such matter and so the legislature advisedly incorporated section 29 in the Act, 1974 as discussed herein-above. So the Tribunal has the power to p......urt Division in Criminal Miscellaneous Case No.4296 of 2006 and by this Court in Criminal Appeal No.43 of 2009 stand Accordingly. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 77. ..Category: Criminal Law, Property Law | Date: 27 Apr, 2014 | Hits: 8
Pubali Bank Limited Vs. Commissioner of Taxes, 2014, 43 CLC (HCD)
....nk Limited (hereinafter referred to as the assessee) is the Banking Company dealing with all types of commercial banking services. The assessee has been employing regular method of accounting for its business duly audited by internal as well external auditors. The assessee submitted income tax retur......ection 161(2) of the Income Tax Ordinance, 1984. S. H. Md. Nurul Huda Jaigirdar J: I agree. This Case is also Reported in: ......d in respect of— (a) any amount representing grant allowed by the Government in the form of 15 years Special Treasury Bonds; (b) any loan advanced to any Government organization, body corporate, local authority, autonomous body, or any other loan guaranteed by the Government; and ......ngladesh, is directed to take necessary steps under Section 161(2) of the Income Tax Ordinance, 1984. S. H. Md. Nurul Huda Jaigirdar J: I agree. This Case is also Reported in: ..Category: Fiscal/Taxation Law | Date: 27 Apr, 2014 | Hits: 6
AZM Tajul Islam vs. Government of Bangladesh and others, 2014, 43 CLC (HCD)
....seniority and experience, on the basis of the ACR within 15 days of receipt of this judgment and order. Ed. This Case is also Reported in: 20 BLC (HCD) (2015) 266. ......desh, VIII ADC 787; Matiur Rahman Vs. Bangladesh, 50 DLR 357; AKM Kawser Ahmed Vs. Bangladesh, 65 DLR 37. Lawyers Involved: Salauddin Dolon and Md. Mohammad Sherajul Monir, Advocates—For the Petitioner. MK Rahman, Additional Attorney-General, Biswojit Roy, Deputy Attorney-Genera......seniority and experience, on the basis of the ACR within 15 days of receipt of this judgment and order. Ed. This Case is also Reported in: 20 BLC (HCD) (2015) 266. ...... Jurisdiction Of the High Court Division under Article 117(2) of the Constitution. Administrative Tribunals have no authority to issue any ad interim order restraining the Government or the statutory bodies. Except in cases involving the constitutionality of any law High Court Division cannot entert..Category: Administrative Law | Date: 3 Apr, 2014 | Hits: 6
Bibi Joynab Begum Chowdhury and others Vs. Osi Mia alias Osi Mia Sawdagar, 2014, 43 CLC (AD)
....t No.2 in favour of defendant No.1. After that, Municipal holding and BS khatians regarding the suit property were correctly prepared in the name of defendant No.1, who has been running his business in the shop house situated in the disputed land for more than statutory period of limitatio......ellip;……..................Petitioners Vs. Osi Mia alias Osi Mia Sawdagar....................Respondents Judgment March 9, 2014. Result: The civil petition for leave to appeal is dismissed. To prove the possession Plaintiff did not have any posses......nd fact do not call for interference. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 190. ......nd fact do not call for interference. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 190. ..Category: Property Law | Date: 19 Mar, 2014 | Hits: 15
....from April 2011, within 2(two) weeks from the date of receipt of this judgment.
Communicate copies of the judgment at once.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 46.
.................Respondents
Judgment
March 13, 2014.
Result:
The Rule is made absolute
Constitution of Bangladesh, 1972; Article 102(2)
The nature of order stopping salary, allowances and keeping off the indicted employee from duty is unheard of and ......from April 2011, within 2(two) weeks from the date of receipt of this judgment.
Communicate copies of the judgment at once.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 46.
......opping salary, allowances and keeping off the indicted employee from duty is unheard of and not known to law. Law provides entitlement of allowance to the public servants or employees of other public bodies under suspension. Here the poor lady was deprived of everything. No norm of disciplinary acti..
Category: Constitutional Law, Employment/Service Law | Date: 13 Mar, 2014 | Hits: 6
Amirul Islam (Md.) Vs. Commissioner of Customs Chittagong and others, 2014, 43 CLC (HCD)
....provisionally by accepting Bank Guarantee for the differential amount. 3. The fact leading to the Rule, in short, is that the petitioner is the proprietorship concern who is engaged in tailoring business, importing and selling world class fabrics "Raymond" to the customers and he has ......Commissioner of Customs Chittagong and others.......Respondents Judgment March 5, 2014. Result: The rule is disposed of. Customs Duty Assessment (Determination of Value of Import Goods) Rules, 2000 Rules 4, 5 & 7 It is the usual practice that provisional asses...... order positively. In the result, the rule is disposed of with direction as made above. Communicate this order at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 94 ...... order positively. In the result, the rule is disposed of with direction as made above. Communicate this order at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 94 ..Category: Fiscal/Taxation Law | Date: 5 Mar, 2014 | Hits: 8
Hafiz Ahmed Mazumder Vs. Pubali Bank Limited, 2014, 43 CLC (HCD)
....petition, that the petitioners are share-holders in respondent No. 1 Company; that the Respondent No. 1 is a public company limited by shares incorporated under the Companies Act, 1913; it carries on business as a commercial bank through its branches located all over Bangladesh it's shares are l......nk Limited................................Respondents Judgment February 25, 2014 Result: The petition is dismissed. Case Referred To- Md. Mazakat Harun & Ors. Vs. Export Import Bank of Bangladesh Ltd. 32 BLD (AD) (2012) 115. Lawyers Involved: Sheikh Fazle ...... 2. It has been stated, amongst other, in the petition, that the petitioners are share-holders in respondent No. 1 Company; that the Respondent No. 1 is a public company limited by shares incorporated under the Companies Act, 1913; it carries on business as a commercial bank through its br......me of admission of this petition is hereby vacated. The parties will bear their respective cost. This Case is also Reported in: 66 DLR (HCD) (2014) 234 ..Category: Banking Law, Corporate Law | Date: 25 Feb, 2014 | Hits: 9
Moklesur Rahman (Md.) and another Vs. Government of Bangladesh and others, 2014, CLC (AD)
.... the plaint, nothing was stated in respect of writ-petitioner No.2 and no statement was made as to why she was impleaded as defendant in the suit. Writ-petitioner No.2 has no connection with the business of writ-petitioner No.1, the proprietor of Shabuj Medical Hall, in whose favour loan was sa......p; February 24, 2014. Result: The leave petition is disposed of. Lawyers Involved: Abdul Wadud Bhuiyan, Senior Advocate instructed by Nurul Islam Bhuiyan, Advocate-on-Record—For the Petitioners. Ha......hereinbefore. The Artha Rin execution case in question (No.560 of 2004) shall stand satisfied accordingly. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 207. ......hereinbefore. The Artha Rin execution case in question (No.560 of 2004) shall stand satisfied accordingly. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 207. ..Category: Others | Date: 24 Feb, 2014 | Hits: 15
BOC Bangladesh Ltd Vs. National Board of Revenue and others, 2014, 43 CLC (AD)
.... for an amount of Taka 2,58,627.61 as on 30-9-1998. 3. The facts involved in this appeal, in brief, are: The writ-petitioner-appellant is a public limited company, which carries on the business of manufacture, sale and distribution of oxygen and dissolved acetylene, industrial and med......llip;........(16) Manufacturer can fix the Actual Price— The Commissioner may fix the price as per recommendation of base value Review Committee constituted by the Board. The VAT authority cannot fix the base value according to its sweet will and it is only the manufacturer who can ......y the High Court Division is set aside. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 372 ......y the High Court Division is set aside. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 372 ..Category: Fiscal/Taxation Law | Date: 19 Feb, 2014 | Hits: 5
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