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State Vs. Md. Sajjad Ali, 2014, 43 CLC (HCD)
.... Md. Sajjad Ali...........................Condemned Prisoner Judgment June 16, 2014. Result: The Death Reference No.133 of 2008 rejected. Criminal Appeal No. 8657 of 2008 and the Jail Appeal No.30 of 2009 are allowed. Case Referred to- Mizazul Islam Dablu Vs. S......stigating officer. 60. Now, let us turn to the confession of the accused. We have earlier stated that the accused made statement under section 164 of the Code of Criminal Procedure. 61. For proper appreciation, let us quote the confessional statement given by the accused Md. Sajjad Ali whi..Category: Criminal Law | Date: 16 Jun, 2014 | Hits: 15
Mohoshin Miah (Md.) Vs. State and another, 2014, 43 CLC (HCD)
....; ......ll consider that at the time of occurrence, the accused repeatedly told to the persons present there that the money given by Abdus Salam Khokon was a part payment of the rents of their ancestral property and the said facts had been admitted by most of the important witnesses including the Magis..Category: Anti-Corruption Laws, Criminal Law | Date: 10 Jun, 2014 | Hits: 8
Shafiqul Islam Vs. Bangladesh Bank and others, 2014, 43 CLC (HCD)
....ssan Arif J Mohammad Ullah J Shafiqul Islam………………………………….Petitioner Vs. Bangladesh Bank and others............Respondents Judgment June 1, 2014. Result: All the Rules a...... credit facilities from respondent No. 4 to 6, namely Uttara Bank Limited, Bangladesh Shilpa Rin Sangstha and Agrani Bank. In obtaining those credit facilities, the petitioner mortgaged his properties and stood guarantee by executing personal guarantee for securing the said liabilitie..Category: Banking Law, Company Law | Date: 1 Jun, 2014 | Hits: 11
....t the time of mistake of some rules of the Court or on the application of any of the parties. There were arbitration proceeding which arrived in the contract by the parties by signing it in open eyes and there were no allegation of fraud practice upon the plaintiff.
As per section 10(2) of the ......sp;
2. As soon as the Chairman has determined a timetable for proceedings, it shall notify the parties.
3. The parties have a duty to do all things necessary for the proper and expeditious conduct of the proceedings, including complying without delay with any order ..
Category: Arbitration Law, Civil Law, Procedural Law | Date: 28 May, 2014 | Hits: 7
Amena Meher Vs. Md. Abdul Kader and others, 2014, 43 CLC (HCD)
....rul Islam Chowdhury J Kashefa Hussain J Amena Meher……………………………Defendant-Appellant Vs. Md. Abdul Kader and others .................Plaintiff-Respondents Judgment May 19, 2014 R......record including the impugned order submits that the learned Joint District Judge while refusing the appointment of receiver did not apply his judicial mind to the essential element as to whether the property involved therein can be protected and preserved without appointing of a receiver or not, in..Category: Civil Law, Procedural Law | Date: 19 May, 2014 | Hits: 3
....p;Applicant
Vs.
The Commissioner of Taxes, Taxes Zone-5, Shegun Bagicha, Dhaka…………Respondent
Judgment
May 14, 2014.
Result:
The questions (i) and (ii) formulated for determination answered in the negative in favour of the assessee-applicant
......the Sixth Schedule of the Ordinance by Finance Act, 1999 (the Act, 1999) all income accruing to the trust or other legal obligation except donation received for charitable purposes, income from house property and income from micro credit program are liable to taxation and thus, affirmed the order of..
Category: Fiscal/Taxation Law | Date: 14 May, 2014 | Hits: 9
State and another Vs. Abdul Kader @ Mobile Kader and others, 2014, 43 CLC (AD)
.... 6. ......cquitting accused respondent Abdul Quader @ Mobile Quader and also maintaining the conviction of Ataur Rahman, I am unable to persuade the views taken by my learned brother and accordingly, I feel it proper to express my own opinion. 3. Short facts to dispose of the appeals are thus. Victim Mou..Category: Criminal Law | Date: 14 May, 2014 | Hits: 16
Bangladesh Rural Advancement Committee (BRAC) Vs. Commissioner of Taxes, 2014, 43 CLC (HCD)
....lip;Applicant Vs. The Commissioner of Taxes, Taxes Zone-5, Shegun Bagicha, Dhaka…………Respondent Judgment May14, 2014 Result: The questions (i) and (ii) formulated for determination answered in the negative in favour of the assessee-applicant ......the Sixth Schedule of the Ordinance by Finance Act, 1999 (the Act, 1999) all income accruing to the trust or other legal obligation except donation received for charitable purposes, income from house property and income from micro credit program are liable to taxation and thus, affirmed the order of..Category: Fiscal/Taxation Law | Date: 14 May, 2014 | Hits: 3
Bangladesh Rural Advancement Committee (BRAC) VS. The Commissioner of Taxes, 2014, 43 CLC (HCD)
....spondent (In both the applications) Judgment May 12, 2014 Result: The question (vi) formulated for determination answered in the affirmative in favour of the department-respondent and against the assessee-applicant. No answer to other questions. The Income Tax Ordinance......r to other questions. The Income Tax Ordinance, 1948 (Ordinance No. XXXVI of 1984) Paragraph 1(1), Part-A of the Schedule In the relevant assessment year, any income derived from house property held under trust or other legal obligation or from operation of micro credit program by suc..Category: Fiscal/Taxation Law | Date: 12 May, 2014 | Hits: 5
Nurul Hoq Bhuiyan Vs. Momtazul Islam and others, 2014, 43 CLC (HCD)
....urisdiction) Present: Nazmun Ara Sultana J Syed Mahmud Hossain J Md Imman Ali J Nurul Hoq Bhuiyan.....................................Petitioner Vs. Momtazul Islam and others.........................Respondents Judgment May 12, 2014 ......t from the custody of the contesting defendants the heirs of one of the executants of this partition deed itself it cannot be said that this partition deed did not come before the Court from the proper custody and, as such, taking of this partition deed into evidence and making of the same as e..Category: Property Law | Date: 12 May, 2014 | Hits: 6
Bangladesh Rural Advancement Committee (BRAC) Vs. Commissioner of Taxes, 2014, 43 CLC (HCD)
..... 255 of 2004 With Income Tax Reference Application No. 256 of 2004 Judgment Zinat Ara J.- Similar questions have been raised in Income Tax Reference Applications No. 255 of 2004 and 256 of 2004 and the parties to the income tax reference applications (hereinafter referred to as......ss and industrial undertakings and (iii) other sources. The IACT observed that the incomes received from donation are wholly expanded for charitable purposes and not taxable but the income from house property, micro-credit schemes, interest from FDR, debentures and Protirakshya Sanchaya Patras (PSP&..Category: Fiscal/Taxation Law | Date: 12 May, 2014 | Hits: 5
Abdul Hamid (Ujir) Vs. State and others, 2014, 43 CLC (HCD)
....urt Division (Criminal Miscellaneous Jurisdiction) Present: Md. Nizamul Huq J Md. Jahangir Hossain J Abdul Hamid (Ujir).............Accused Petitioner Vs. State and others…………………….Opposite-Party Judgm......atan Daman Ain, 2000 pending in the Court of Nari-o-Shishu Nirjatan Damon Tribunal, Habigonj shall not be quashed and/or such other or further order or orders passed as to this Court may seem fit and proper. 3. Pending hearing of the Rule, let all further proceeding of Nari-o-Shishu Case N..Category: Criminal Law, Women and Children | Date: 8 May, 2014 | Hits: 5
State Vs. Faisal Morshed Khan and another, 2014, 43 CLC (AD)
..........................Petitioner (In Criminal Petition No.117 of 2011) Anti-Corruption Commission..........Petitioner (In Criminal Petition No.210 of 2011) Vs. Faisal Morshed Khan and another.................Respondents (In both the cases) Judgment &nb......ght) years to be suffered consecutively and imposing a fine of Taka 1,00,000 (one lakh), in default, to suffer rigorous imprisonment for 1(one) year more and confiscating of the respondent's property worth Taka 1,66,13,758.43 to the State. 3. These two criminal petitions for leave to a..Category: Anti-Corruption Laws | Date: 5 May, 2014 | Hits: 8
....
Appellate Division
(Civil)
Present:
Surendra Kumar Sinha J
Md. Abdul Wahhab Miah J
Hasan Foez Siddique J
AHM Shamsuddin Chowdhury J
Director General, Bangladesh Standards and Testing Institution…………Petitioner
Vs.
Matiur Rahma......he writ-petitioner had not been regularized. At the time of promotion of the writ-petitioner to the post of senior examiner and Assistant Director, the service records of the writ-petitioner were not properly and correctly produced and discussed in the meeting of the previous selection boards. ..
Category: Employment/Service Law | Date: 4 May, 2014 | Hits: 7
Ayub Hossain Khan (Md.) Vs. Bangladesh and others, 2014, 43 CLC (AD)
....bsp; Ayub Hossain Khan (Md.)................................Petitioner [In both the cases] Vs. Bangladesh and others (In Civil Petition 1901 of 2011) Human Rights and peace for Bangl......hala. 6. The Writ Petition No.4608 of 2009 was structured on the following assertions; By an order dated 23rd March 1987, the Additional Deputy Commissioner (Revenue), Pabna, demised the subject property in favour of the petitioner on an year to year lease, the commencing date being the 1s..Category: Civil Law, Property Law | Date: 4 May, 2014 | Hits: 20
Sharif Miah Vs. Rina and anothers, 2014, 43 CLC (HCD)
....ision (Civil Revisional Jurisdiction) Present: Md. Emdadul Huq J Sharif Miah…………………….........Petitioner Vs. Rina and another………............Opposite Parties Judgment May 3, 2014. ......nd a man as alleged father and (2) the responsibility of a man as the alleged father to provide maintenance to the minor girl, Court has to rely on Additional Evidence i.e. DNA test to come up with a proper decision. In the exceptional situation additional evidence may be taken in revision with..Category: Civil Law, Women and Children | Date: 3 May, 2014 | Hits: 5
Khan Mohammad Ameer Vs. Atiqur Rahman and others, 2014, 43 CLC (HCD)
.... High Court Division (Civil Appellate Jurisdiction) Present: Farid Ahmed J Md. Khasruzzaman J Khan Mohammad Ameer.......................Appellant Vs. Atiqur Rahman and others ...............Respondents Judgment April 30, 2014 Result: The appeal......ticularly described in the schedule to the plaint. 3. The case of the plaintiff, in short, is that: The suit land originally belonged to the then DIT now Rajuk. DIT leased out the suit property in favour of Motiur Rahman Mullick, son of late Abdur Rahman Mullick by 'standard lease..Category: Civil Law, Procedural Law | Date: 30 Apr, 2014 | Hits: 6
Parul Nath and others Vs. State, 2014, 43 CLC (AD)
.... (Criminal) Present: Md.Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J AHM Shamsuddin Chowdhury J Parul Nath and others...............................Petitioners Vs. State …......................... the other claimants who deposited those with him as per the seized Registers and report compliance thereof to it within 1(one) month. Section 517 of the Code deals with the disposal of the property seized during investigation. In the Act, 1974, there is no provision as to how the pro..Category: Criminal Law, Property Law | Date: 27 Apr, 2014 | Hits: 8
Pubali Bank Limited Vs. Commissioner of Taxes, 2014, 43 CLC (HCD)
....;Respondent Judgment April 27, 2014 Result: The questions formulated for determination answered in the negative in favour of the assessee-applicant. Cases Referred to- Standard Chartered Grindlays Bank Vs. the Commissioner of Taxes, in Income Tax Reference Application N......tive and in favour of the department and answers are not necessary to others questions as not pressed. 10. On examination of the questions framed in the reference application, it transpires that proper questions of law have not been framed in this reference application. Therefore, we are reform..Category: Fiscal/Taxation Law | Date: 27 Apr, 2014 | Hits: 6
হোটেল পূর্বাণী ইন্টান্যাশনাল লিমিটেড বনাম কমিশনার অব ট্যাক্সেস, 2014, 43 CLC (HCD)
....ছেন এবং উহার প্রেক্ষিতে অত্র আদালতের মতামত প্রার্থণা করিয়াছেন; I. Whether, on the facts, and in the circumstance of the case, the learned Taxes Appellate Tribunal was legally justified to r......t, bar and pastry shop at Tk. 5,00,00,000/- on the basis of last year appeal order in place of Tk. 4,31,91,045/- disclosed, by the applicant without any inquiry where the assessee applicant maintains proper books of accounts in accordance with requirements of section 35 of Income Tax Ordinance 1984?..Category: Fiscal/Taxation Law | Date: 22 Apr, 2014 | Hits: 4
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