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Chowdhury Mia and oth¬ers Vs. Superintendent, Primary Teacher Institution and others, 2014, 43 CLC (HCD)

....go Investigated the matter and submitted report men­tioning that there is homestead of plaintiffs but the matter was still under consideration before defen­dant No. 3. Defendant No. 3 by memo dated 15-12-1993 directed defendant No.1 to take step in the matter. On 28-4-1995 defendant No.1 cam...... 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. ..

Category: Limitation Law, Property Law | Date: 4 Sep, 2014 | Hits: 6

Subarna Garments Limited Vs. Commissioner of Taxes, 2014, 43 CLC (HCD)

....f it is satisfied that there was sufficient cause for non-submission of the appeal within the statutory period........ (12) Section 52 The section 52 of the Income Tax Ordinance 1984 has mandated a company to deduct Advance Income Tax (AIT) from the bill to be paid to its sub-contractor.........answered in negative and in favour of the Assessee-applicant. However, there shall be no order as to cost. Md. Emdadul Haque Azad, J: I agree. Ed. This Case is also Reported in: ..

Category: Fiscal/Taxation Law | Date: 3 Sep, 2014 | Hits: 1

Yunus (Md.) Vs. State & another, 2014, 43 CLC (HCD)

....n­er, a Rule was issued calling upon the opposite-parties to show cause as to why the impugned pro­ceedings of Special Case No. 13 of 2002 arising out of Chandanaish Police Station Case No. 7 dated 10-3-1998 corresponding to GR No.36 of 1998 under sections 409/109 of the Penal Code, now pend...... Let the lower Court's record along with a copy of this judgment be sent down to the con­cerned Court below at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 97 ..

Category: Criminal Law, Procedural Law | Date: 13 Aug, 2014 | Hits: 8

Haji Mohammad Ali vs. Commissioner of Taxes, 2014, 43 CLC (HCD)

....is wife for verification of some papers and documents submitted by them to the Taxes Department pursuant to which the Assessee-applicant went the office of the Central Intelligence Cell (CIC) on that date where the said officer Mr. Sarwar Hossain Chowdhury directed the Assessee-applicant and his wif......e answered in negative and in favour of the Assessee-applicant. However, there shall be no order as costs. Md. Emdadul Haque Azad J: I agree. Ed. This Case is also Reported in: ..

Category: Fiscal/Taxation Law | Date: 24 Jul, 2014 | Hits: 0

J.S.M. Glass Industries Limited Vs. Deputy Commissioner of Taxes, 2014, 43 CLC (HCD)

....Ministry of Finance, is not authorized to issue any circular removing any difficulty in interpretation of the provision of section 52 or any other provision of the Income Tax Ordinance 1984 after the date 13.06.1988 by way of any Statutory Regulatory Order (SRO) not to speak of by the National Board......at their end, supplied by the Assessee-writ petitioner. However, there shall be no order as to cost. Md. Emdadul Haque Azad, J: I agree. Ed. This Case is also Reported in: ..

Category: Fiscal/Taxation Law | Date: 23 Jul, 2014 | Hits: 0

Tapan Kumar Mondal Vs. Bangladesh and others, 2014, 43 CLC (HCD)

....ability or the physical condition of handicraft. The petitioner applied for the post of Headmaster in the District of Satkhira while there is no information by either of the parties to number of candidates with any physical handicraft disability or whether the respondents have already sufficient num......ent and order. The office is directed to communicate the judgment and order to the relevant persons immediately. J.B.M.Hassan J. - I agree. This Case is also Reported in:   ..

Category: Employment/Service Law | Date: 23 Jul, 2014 | Hits: 36

Secretary, Ministry of Finance, Internal Resources Division and others Vs. Sherajul Islam, 2014, 43 CLC (AD)

.... Deputy Attorney-General, instructed by Sufia Khatun, Advocate-on-Record—For the Appellants. Ex-parte—Respondent. Civil Appeal No. 252 of 2003. (From the judgment and order dated 4-1-2000 passed by the High Court Division in Writ Petition No.287 of 1995. Judgment ......sp;            Ed. This Case is also Reported in: 20 BLC (AD) (2015) 64.           ..

Category: Constitutional Law, Fiscal/Taxation Law | Date: 22 Jul, 2014 | Hits: 6

State Vs. Md. Sajjad Ali, 2014, 43 CLC (HCD)

....nder section 302 of the Penal Code and convicted and sentenced him thereunder to death in Sessions Case No. 609 of 2008 arising out of MGR No. 690 of 2007, corre­sponding to Motihar PS Case. No.3 dated 7-8-2007. 3. Being aggrieved by and dissatisfied with the impugned judgment and order dat......nection with any other case. Send down the lower Court records with a copy of this judgment to the concerned Court at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 161 ..

Category: Criminal Law | Date: 16 Jun, 2014 | Hits: 15

Mohoshin Miah (Md.) Vs. State and another, 2014, 43 CLC (HCD)

....sh; This criminal appeal, at the instance of the convict appellant under section 10 of the Criminal Law Amendment Act, 1958 has been directed against the judgment and order of conviction and sentence dated 4-3-2010 passed by the Special Judge, 4 Court, Dhaka in Special Case No. 2 of 2009 arising out......d order along with the lower Court's record be sent to the concerned Court for information and necessary action. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 114   ..

Category: Anti-Corruption Laws, Criminal Law | Date: 10 Jun, 2014 | Hits: 8

Shahin Reza (Md.) Vs. Nasiruddin Howlader and others, 2014, 43 CLC (AD)

....wrong. When an invasion on the rights of a person is made on the basis of the wrong records of right he can file a suit for declara­tion of title and that suit, if brought within 6 years from the date of such invasion, is well within time. The argument that this suit being filed within 6 years f...... and findings given by Nazmun Ara Sultana, J. Order of Court This appeal is dismissed by majority decision. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 243   ..

Category: Limitation Law, Property Law | Date: 5 Jun, 2014 | Hits: 11

ECOM Agroindustrial Corporation Ltd. & another Vs. Mosharaf Composite Textile Mills Ltd, 2014, 43 CLC (HCD)

....ry, Advocate—For the Opposite Party No. 1. Civil Revision No. 1280 of 2014 Judgment Sharif Uddin Chaklader J.— This Rule was obtained by the defendants against Order No. 29 dated 22-1-2014 passed by the learned Joint District Judge, 1st Court, Dhaka in Title Suit No. 73 of......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

Asad Ali (Md.) and another Vs. Golam Sarwar and others, 2014, 43 CLC (AD)

....Appellants. Sufia Khatun, Advocate-on-Record—For Respondent Nos.1 and 2. None represented—Respondent Nos.3-45. Civil Appeal No.67 of 2004. (From the judgment and order dated 16-10-2001 passed by the High Court Division in Civil Revision No.3271 of 1997.) Judgment......ourt below are set-aside and the case for pre-emption be dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 315.           ..

Category: Tenancy Law | Date: 28 May, 2014 | Hits: 22

Elahi Box Sardar (Md.) Vs. Government of Bangladesh repre¬sented by Ministry of Communication and others, 2014, 43 CLC (AD)

....gir, Deputy Attorney-General instructed by Md. Zahirul Islam, Advocate-on-Record— For the Respondents. Civil Petition for Leave to Appeal No. 212 of 2010. (From the judgment and order dated the 12th day of November, 2009 passed by the Administrative Appellate Tribunal, Dhaka in Admin......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

Amena Meher Vs. Md. Abdul Kader and others, 2014, 43 CLC (HCD)

.... Nozrul Islam Chowdhury J.— In a pre-emp­tion proceeding under Mohammadan Law, the appellant is the pre-emptee who purchased the disputed land from one Jamila Khatun by a registered kabala dated 23-8-2011 bearing registration No.4146 and the pre-emptor respondent has brought the proceedin....... The office is directed to communicate this order to the Joint District Judge, 2nd Court, Pabna for compliance. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 61   ..

Category: Civil Law, Procedural Law | Date: 19 May, 2014 | Hits: 3

Beautiful Bibi Vs. Md. Sydur Rahman, 2014, 43 CLC (HCD)

....bsp;  Judgment       Md. Emdadul Huq J.- Subject matter of the two Revisions: These two Civil Revisions arose from the same judgment and decree dated 3-4-2011 by which the learned Joint District Judge, 2 Court, Naogaon partly allowed Family App...... DNA test report prepared by the Government DNA Laboratory is a credible evidence. The conclusion of the report is con­sistent with the admitted birth of the child dur­ing continuance of the marriage and also with the statements of the PWs that the child was born with 10/11 months after sol..

Category: Women and Children | Date: 19 May, 2014 | Hits: 29

State and another Vs. Abdul Kader @ Mobile Kader and others, 2014, 43 CLC (AD)

....torney-General instruct­ed by B Hossain, Advocate-in-Record—For the Respondent (In Criminal Appeal No.24 of 2010). Criminal Appeal Nos. 22-24 of 2010. (From the judgment and order dated the 25th day of November, 2007 passed by the High Court Division in Death Reference No. 14 of ...... 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

Asad Ali (Md.) and another Vs. Golam Sarwar and others, 2014, 43 CLC (AD)

....Appellants. Sufia Khatun, Advocate-on-Record—For Respondent Nos.1 and 2. None represented—Respondent Nos.3-45. Civil Appeal No.67 of 2004. (From the judgment and order dated 16-10-2001 passed by the High Court Division in Civil Revision No.3271 of 1997.) Judgment......sion and also that of the appellate Court below are set-aside and the case for pre-emption be dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 315.     ..

Category: Civil Law, Property Law | Date: 14 May, 2014 | Hits: 7

Abdul Hamid (Ujir) Vs. State and others, 2014, 43 CLC (HCD)

....f 2009 under section 11(Ga)/30 of the Nari-o-Shishu Nirjatan Daman Ain, 2000 pending in the Court of Nari-o-Shishu Nirjatan Daman Tribunal, Habi­gonj be stayed for a period of 4(four) months from date. 4. The relevant facts of the case are as fol­lows:- One Mst Aklima Begum, daught......ccused appellant about 10/11 years ago who has two sons aged about 8 years and 4 years old respectively. The accused petitioner being a greedy person has been tortur­ing the complainant since her marriage. Recently, the accused appellant came back from Kingdom of Saudi Arabia/hereinafter referre..

Category: Criminal Law, Women and Children | Date: 8 May, 2014 | Hits: 5

Md. Abul Bashar Vs. Government of Bangladesh, 2014, 43 CLC (HCD)

....was, A.A.G—For the respondents Writ Petition No. 1168 of 2013 Judgment M. Moazzam Husain J.- This Rule was issued calling upon the respondents to show cause as to why the letter dated 05.12.2012 issued by the Senior Assistant Secretary, Bichar Shakha-7 (Respondent No.2) creatin...... of undue influence exerted by Respondent No.7 in matters of issuance of the impugned Memo is clearly manifested in the impugned Memo itself. The adjacent Unions with similar population and number of marriages, he stressed, are running with one Nikah Registrar each but no such division is brought ab..

Category: Administrative Law, Constitutional Law | Date: 4 May, 2014 | Hits: 5

Director General, Bangladesh Standards and Testing Institution Vs. Matiur Rahman and others, 2014, 43 CLC (AD)

.... Muhammad Murshed, Advocate instructed by Md. Zahirul Islam, Advocate-on-Record—For the Respondents. Civil Petition for Leave to Appeal No. 125 of 2011. (From the judgment and order dated the 171h day of May, 2010 passed by the High Court Division in Writ Petition No. 2710 of 2010)......ion in that respect. In view of the above, we find no merit in the leave petition. Accordingly, the same is dismissed. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 138. ..

Category: Employment/Service Law | Date: 4 May, 2014 | Hits: 7