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

....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: ......ant. However, there shall be no order as costs. Md. Emdadul Haque Azad J: I agree. Ed. This Case is also Reported in: ......es (Appeal) to cause further inquiry is intended by the legislature to be applicable in the case where further inquiry is required on any point which is not in front of the tribunal. But when all the evidences are in front of the tribunal it being the highest authority of appeal in the Taxes Departm..

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

State Vs. Robin, 2014, 43 CLC (AD)

.... 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. ......ed 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. ...........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 his/he..

Category: Criminal Law, Women and Children | Date: 24 Jul, 2014 | Hits: 16

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

....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. ...... Division. Accordingly, the criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 54. ......ouse 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- Government of the Peopl..

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

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

....ppeal No. 122 of 2009 is hereby upheld. The order of stay granted earlier by this court is vacated. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 179     ......read with Section 151, Exclusive Posses­sion— The defendant No. 1 has exclusive posses­sion over the suit land and prima facie shows that she has mutated her name separately and paying regular rent to the government. Before disposal of the partition suit finally, it is suffi­c......essing the land by constructing house and with boundary in 0.0733 and V3rd decimals of land from the south­ern part of the plot by amicable partition but the trial court found that without taking evidence this controversy could not be resolve as the defendants Nos. 29-33 disputed the fact. The t..

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

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

....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 ......er 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 ......d to be tried. 10. In order to substantiate the charge against the condemned-prisoner, the prosecution has examined as many as 15 witnesses in this case. 11. After close of the recording of evidence of the prosecution witnesses, the accused was examined under section 342 of the Code of Cri..

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

Engineer Abdul Md. Wadud Vs. State and another, 2014, 43 CLC (AD)

....se of the peti­tioner. We find no merit in the contention of the learned counsel. The petition is accordingly dis­missed. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 174 ......e contention of the learned counsel. The petition is accordingly dis­missed. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 174 ......e of misappro­priation of money cannot be sustained against the petitioner on the basis of the police report and since there is no allegation against him in the FIR, there is practically no legal evidence to substantiate the charge brought against him. He further submits that the learned Special..

Category: Criminal Law | Date: 16 Jun, 2014 | Hits: 4

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

....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   ......sent to the concerned Court for information and necessary action. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 114   ......inal Procedure when he repeated his innocence and declined to examine any defence witness but submitted some papers which have been kept in the record. 6. The trial Court on consideration of the evidence and other materials on record found the accused guilty under section 161 of the Penal Code ..

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

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

.... 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   ...... Ed. This Case is also Reported in: 67 DLR (AD) (2015) 243   ......sion in the suit land. That the suit is liable to be dismissed and the decree passed in Title Suit No. 173 of 1964 also is liable to be declared void. 6. The trial court, on consideration of the evidence adduced by both the parties, decreed the suit. The appellate court below also affirmed the ..

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)

....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   ...... vacated. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 330   ...... The view of the Chairman shall prevail in relation to a decision, order or Award in respect of which there is neither unanimity nor a majority. 6. All statements, contracts and documen­tary evidence must be submitted in the English language. Whenever documen­tary evidence is submitted ..

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)

....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.           ......6 DLR (AD) (2014) 315.           ...... 9. Mr. Mahbubey Alam, the learned Senior Advocate appearing for the pre-emptee-appellants has made submissions to the effect that in this case it has been proved sufficiently by the docu­mentary evidence filed by the pre-emptee oppo­site parties that the lands of the original plots was part..

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

Aynul Haque (Md.) Vs. Government of Bangladesh, Dhaka, 2014, 43 CLC (HCD)

.... for this court to interefere with the impugned decision and order. Thus, the petition is dismissed. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 381     ......is dismissed. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 381     ...... being corrupt would gath­er thick and unchaseable clouds around the con­duct of an officer and gain notoriety must faster than the smoke. Sometimes there may not be con­crete or material evidence to establish the same beyond all reasonable doubt. Judicial service is not a service in the..

Category: Administrative Law | Date: 19 May, 2014 | Hits: 3

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

..... 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 ...... Md. Sydur Rahman………………………….................Opposite Party Judgment May 19, 2014. Result: The Rule issued in CR No. 4049 of 2012 is discharged. The Rule issued in CR 4153 of 2012 is made absolute. ......ld be contributed to the child by a bio­logical father. The probability of the stated relationship is 99.99999%." 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 dur&s..

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

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

....by all. He did not say those statements to P.W. 18, the investigation officer, which the latter admitted in course of cross-examination. Therefore, there is no gainsaying that his state­ments are inadmissible against Thandu Member and that's too, he introduced those statements on being tutor......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. ......t of its case has examined 18 (eighteen) witnesses and the defence examined 2 (two). It has also relied upon the confessional statement of Bazlur Rahman alias Bazlu. The Tribunal on assessment of the evidence on record found the respondent Abdul Quader @ Mobile Quader and six others guilty under sec..

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

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

....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.     ...... This Case is also Reported in: 66 DLR (AD) (2014) 315.     ...... 9. Mr. Mahbubey Alam, the learned Senior Advocate appearing for the pre-emptee-appellants has made submissions to the effect that in this case it has been proved sufficiently by the docu­mentary evidence filed by the pre-emptee oppo­site parties that the lands of the original plots was part..

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

Nurul Hoq Bhuiyan Vs. Momtazul Islam and others, 2014, 43 CLC (HCD)

.... separate saham for 4.42 acres of land. In the circumstances both these two Civil Petition for Leave to Appeal be dismissed. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 51. ...... This Case is also Reported in: 67 DLR (AD) (2015) 51. ......f 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 exhibit has been illegal……………&..

Category: Property Law | Date: 12 May, 2014 | Hits: 6

State Vs. Faisal Morshed Khan and another, 2014, 43 CLC (AD)

....ccordingly, both the criminal petitions for leave to appeal are dismissed with the observation made in the body of the judgment. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 236. ...... to appeal are dismissed with the observation made in the body of the judgment. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 236. ....... Shafique Ahmed, learned Senior Advocate, appearing on behalf of the respondent in both the criminal petitions, perused the impugned judgment and the materials on record. 15. Having scanned the evidence of P.W.2, Executive Engineer, PWD, and P.W.3, Anwarul Azim, Sub-Divisional Engineer of PWD,..

Category: Anti-Corruption Laws | Date: 5 May, 2014 | Hits: 8

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

....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. ...... Accordingly, the same is dismissed. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 138. ......৭২-খন্ড-১/৩১৮৮(২) dated 10-1-1996, are the result of misreading and misconstruction of those memos or any other docu­ment filed before the High Court Division as affidavit evidence or non-consideration of any such affidavit evidence or other materials or on no affidavit e..

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

Sharif Miah Vs. Rina and anothers, 2014, 43 CLC (HCD)

....r shall also be fur­nished free of cost to the learned Advocates for both sides. Hearing adjourned till 6-4-2014. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 16   ...... Division (Civil Revisional Jurisdiction) Present: Md. Emdadul Huq J Sharif Miah…………………….........Petitioner Vs. Rina and another………............Opposite Parties Judgment May 3, 2014. ...... 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 within the purview of the expression "the High Court Division..

Category: Civil Law, Women and Children | Date: 3 May, 2014 | Hits: 5

Khan Mohammad Ameer Vs. Atiqur Rahman and others, 2014, 43 CLC (HCD)

....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 ......eer.......................Appellant Vs. Atiqur Rahman and others ...............Respondents Judgment April 30, 2014 Result: The appeal is allowed. Rejection of a Plaint— When a plaint does not disclose any cause of action only then question of rejection ......ether that cause of action was actually present, whether it was sufficient to file the suit etc., being question of fact cannot be decided at the 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 o..

Category: Civil Law, Procedural Law | Date: 30 Apr, 2014 | Hits: 6

Pubali Bank Limited Vs. Commissioner of Taxes, 2014, 43 CLC (HCD)

....application and supporting the order of the Tribunal. It has been stated that the DCT on examination of the record correctly made assessment under section 83(2) of the Ordinance, by adding to income, inadmissible expenses and the expenses not supported by documents, etc; that the Commissioner of App......61(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: 27 Apr, 2014 | Hits: 6