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Government of Bangladesh, represented by the Secretary, Ministry of Land and others Vs. Sharifun Nessa and others, 2014, 43 CLC (AD)

....—For the Appellants. Md. Badroddozza, Advocate, instructed by Sufla Khatun, Advocate-on-Record—For the Respondents. Civil Appeal No.48 of 2008. (From the judgment and order dated 10-8-2006 passed by the High Court Division in Writ Petition No.6786 of 2005). Judgment ......sentatives, as the case may be, within 6(six) months from the date of receipt of a copy of the judgment. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 274.     ..

Category: Property Law | Date: 9 Sep, 2014 | Hits: 21

Asset Developments & Holdings Ltd. vs. Commissioner of Taxes, 2014, 43 CLC (HCD)

....require an assessee who has filed a return under section 75, or to whom a notice has been issued under section 77, to produce or cause to be produced [such accounts, statements and documents] on such date as may be specified in the notice, such accounts, statements and documents including those rela......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: ..

Category: Fiscal/Taxation Law | Date: 7 Sep, 2014 | Hits: 5

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...... lodged an FIR with Chandanaish Police Station against 3 accused per­sons namely (1) Colonel Oli Ahmed (Rtd.), for­mer Minister for Communication and a Member of the Parliament at the time of occurrence (2) Nurul Anowar, the Chairman of Harala Union Parishad, and (3) Alhaj Md. Yunus, Contrac..

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

Mahabur Sheikh alias Mahabur Vs. State, represented by the Deputy Commissioner, Narail, 2014, 43 CLC (HCD)

....Sufla Khatun Advocate-on-Record—For the Petitioner. None Represented—For the Respondent. Criminal Petition for Leave to Appeal No. 139 of 2011. (From the judgment and order dated the 16th of January, 2011 passed by the High Court Division in Death Reference No. 150 of 2005......that the accused assaulted his wife Kohinoor for demand of dowry, the informant Md. Kamal Biswas being accompanied by Anwara Begum, Akter Biswas, Rejaul Sheikh and Salam Biswas rushed to the place of occurrence, i.e. the dwelling house of the petitioner Mahabur Sheikh. _In their presence accused Mah..

Category: Women and Children | Date: 20 Jun, 2014 | Hits: 15

Motiur Rahman and others Vs. Siddika Begum and Others, 2014, 43 CLC (HCD)

....arties. Civil Revision No. 2742 of 2013. Judgment FRM Nazmul Ahasan J.—This rule was issued calling upon die opposite parties No. 1 to show cause as to why the judgment and order dated 9-6-2013 passed by the District Judge, Kishoregonj in Miscellaneous Appeal No.122 of 2009 allo......endant No. 1 is not enti­tled to any relief of mandatory injunction because she was never in possession of the disputed land and she had never constructed any shop room and, as such, there was no occurrence of dispossession of the defendant No. 1 from the disputed land as alleged during the peri..

Category: Procedural Law | Date: 16 Jun, 2014 | Hits: 0

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......nd, as such, there is no good ground, to interfere with the impugned judgment and order dated 1-12-2008 passed by the learned Sessions Judge, Rajshahi by this Court at this stage; 2. the time of occurrence, place of occur­rence and the manner of occurrence have been proved by the prosecutio..

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...... is dismissed. Bidhimala came into force on 29 March, 2007 whereas the trap in connection of this case was made on 10 April, 2007, that is, after 11 days of the promulgation of the Bidhimala the occurrence of this case was taken place. The permission either in written or oral was mandatory for ..

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....... The photocopies of the said deposition and the Exhibits X, X (1) and X (2) attested by the Bench officer shall be retained. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 1 ..

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 ......hich was lodged within few hours of the killing. Besides P.Ws. 2-4, Md. Mahfujul Iqbal (P.W.5), Md. Mokarram Hossain (P.W.6), Mobarak Hossain (P.W.8) and Tota Mia (P.W.9) were present at the place of occurrence. They corroborated the prosecution case as regards the time, the place and the manner of ..

Category: Criminal Law | Date: 14 May, 2014 | Hits: 16