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Beautiful Bibi Vs. Md. Sydur Rahman, 2014, 43 CLC (HCD)
....and also the maintenance of the plaintiff for the period of iddat. 12. Proceedings and decision of the courts below: At the trial, plaintiff produced evidence through four witnesses and the registered kabinnama (Exhibit-1). The defendant produced evidence through three witnesses and p....... 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 ......llowed for determination of the biological relationship between the child and the defendant. .......(20) Cases Referred to- Managing Director Janata Bank Vs. Md. Bazlur Rahman, 51 DLR (AD) 141 Lawyers Involved: Mozahar Hossain, Advocate—For the Petitioner (In Criminal ..Category: Women and Children | Date: 19 May, 2014 | Hits: 29
....nce application (shortly, the reference application), in brief, are as follows:-
The assessee-applicant-Bangladesh Rural Advancement Committee (hereinafter referred to as the assessee/BRAC) is a registered society under the Societies Act, 1860. It is also a Non-Government Organization (NGO) eng...... 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:
......n section 4(3)(i) of the Act, being amended in the year 1973 (deleting proviso) and that considering section 4(3)(i) of the Act as amended in 1973 their Lordships held in the case reported in 36 DLR (AD) 166 (mentioned above) that income from any property, whether a business or not, if held in trust..
Category: Fiscal/Taxation Law | Date: 14 May, 2014 | Hits: 9
State and another Vs. Abdul Kader @ Mobile Kader and others, 2014, 43 CLC (AD)
....nt for l(one) year more. 61. The Tribunal submitted the proceedings of the case to the High Court Division for confirmation the death sentence under section 374 of the Code and the same was registered as Death Reference No.14 of 2004. Convict-Jane Alam @ Baro Bhai filed Criminal Appeal No.......quot; ceased to exist, any statement made by a former conspirator thereafter cannot be regarded as one made "in reference to their common intention". In other words, it was observed, a post-arrest statement made to a police officer, whether it is confession or otherwise, touching the ......ught against him 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)
....nce application (shortly, the reference application), in brief, are as follows:- The assessee-applicant-Bangladesh Rural Advancement Committee (hereinafter referred to as the assessee/BRAC) is a registered society under the Societies Act, 1860. It is also a Non-Government Organization (NGO) eng......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: ......n section 4(3)(i) of the Act, being amended in the year 1973 (deleting proviso) and that considering section 4(3)(i) of the Act as amended in 1973 their Lordships held in the case reported in 36 DLR (AD) 166 (mentioned above) that income from any property, whether a business or not, if held in trust..Category: Fiscal/Taxation Law | Date: 14 May, 2014 | Hits: 3
Bangladesh Rural Advancement Committee (BRAC) VS. The Commissioner of Taxes, 2014, 43 CLC (HCD)
....y repetition, the facts of the cases are summarized as follows: 4. The assessee-applicant Bangladesh Rural Advancement Committee (hereinafter stated as BRAC/the assessee) is a charitable society registered under the Societies Registration Act, 1980. The assessee runs different projects for adva...... 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
Nurul Hoq Bhuiyan Vs. Momtazul Islam and others, 2014, 43 CLC (HCD)
....his 1st wife and other 2 sons, namely, Ibrahim Bhuiyan and Abdul Jabbar Bhuiyan by his 2nd wife. Alimuddin Bhuiyan during his life time distributed his property amongst the aforesaid 7 sons by a registered deed of gift dated 27-10-1911. As per said deed of gift Amir Uddin Bhuiyan got 9.83 acres...... 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. ......entitled to get a 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. ..Category: Property Law | Date: 12 May, 2014 | Hits: 6
Bangladesh Rural Advancement Committee (BRAC) Vs. Commissioner of Taxes, 2014, 43 CLC (HCD)
....y repetition, the facts of the cases are summarized as follows: 4. The assessee-applicant-Bangladesh Rural Advancement Committee (hereinafter stated as BRAC/the assessee) is a charitable society registered under the Societies Registration Act, 1980. The assessee runs different projects for adva......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
Abdul Hamid (Ujir) Vs. State and others, 2014, 43 CLC (HCD)
....tly the witnesses came to see the complainant at the same time in the place of occurrence and witnessed the incident. 6. Upon receiving the said petition of complaint the Tribunal registered the same as Nari-o-Shishu Nirjatan Daman Case and took cognizance against the accused-pet...... Nirjatan Damon Tribunal, Habigonj is hereby quashed. Send a copy of this judgment to the concerned Court immediately. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 154 ...... Nirjatan Damon Tribunal, Habigonj is hereby quashed. Send a copy of this judgment to the concerned Court immediately. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 154 ..Category: Criminal Law, Women and Children | Date: 8 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: ......s a citizen of Bangladesh having requisite qualifications to be appointed as Nikah Registrar. Father of the petitioner was the Nikah Registrar of the said Bhadra Union No.7, who retired from the said post on 01.01.2008. The post of Nikah Registrar thus fell vacant on account of retirement of the pet......rs……Respondents Judgment May 4, 2014 Result: The Rule is made absolute. Cases Referred to- Mlv Md. Abdul Khiurshid Alam Vs.Bangladesh & others, 50 DLR (AD) 82; Maulana Kazi Mohammad Shahadbddin Vs. Bangladesh & others, 9 MLR 14; Manjurul Haque Vs.B..Category: Administrative Law, Constitutional Law | Date: 4 May, 2014 | Hits: 5
....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.
......of sections 36(1), 36(2) of the Ordinance, relevant rules of the Rules, the High Court Division took correct view in the matter as to the right of the writ-petitioner in getting promotion to the post of Deputy Director in BSTI.
In the leave petition though it has been stated in a general w......e High Court Division 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
Ayub Hossain Khan (Md.) Vs. Bangladesh and others, 2014, 43 CLC (AD)
....e Md. Ayub Hossain Khan, acting in a fiduciary capacity for a trust, named Imam Gazzali Trust, impugning a judgment and order a Division Bench of the High Court Division passed in two writ petitions, registered as Writ Petition Number 4608 of 2009 and 6677 of 2011 respectively. 2. Is......ons to lend support to the enunciation that rules of natural justice are not always rules of thumb; they are flexible and their applications depend on the setting and the back ground of the postulated statutory provisions, nature of the right and the consequences which may entail its appli......ion 1902 of 2011]……..Respondent Judgment May 4, 2014. Result: Both the appeals are dismissed. Cases Referred to- Dulichand Omraolal Vs. Bangladesh, 33 DLR (AD) 30; Mofazzal Hossain Vs. Bangladesh, 43 DLR (AD) 137; O' Reilly Vs. Mackman, 1983 2 AC 237; ..Category: Civil Law, Property Law | Date: 4 May, 2014 | Hits: 20
Sharif Miah Vs. Rina and anothers, 2014, 43 CLC (HCD)
....rar and, as such, of this Court. e) After receipt of the report the concerned Doctor will and, as such, be summoned for giving evidence before this Court. Office is directed to send by registered post at once a copies of this order to the Director. DMCH and to the Head of the Forensic...... such, of this Court. e) After receipt of the report the concerned Doctor will and, as such, be summoned for giving evidence before this Court. Office is directed to send by registered post at once a copies of this order to the Director. DMCH and to the Head of the Forensic Department......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 ..Category: Civil Law, Women and Children | Date: 3 May, 2014 | Hits: 5
Khan Mohammad Ameer Vs. Atiqur Rahman and others, 2014, 43 CLC (HCD)
....riginally 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 agreement for land vide registered deed No.2808 dated 13-3-1961 and handed over possession thereof to him. The said leasee M......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 ......ld be decided at the time of trial on taking evidence.......(40) Case Referred to- Rojasara Ramjibhai Dahyabhai Vs. Jani, AIR 1986 SC 1912; Mahua Khair Vs. Amena Begum Ali Ispahani, 17 MLR (AD) 172 = 17 BLC (AD) 139; Abul Khair (Md) Vs. Pubali Bank Ltd, 53 DLR (AD) 62; Abdul Malek Sawdagar..Category: Civil Law, Procedural Law | Date: 30 Apr, 2014 | Hits: 6
Parul Nath and others Vs. State, 2014, 43 CLC (AD)
....rt was sent to the Metropolitan Sessions Judge, Chittagong, ex-officio Metropolitan Special Tribunal No.1, Chittagong (hereinafter referred to as the Tribunal) for necessary action. The case was registered as Special Tribunal Case No.108 of 2005. The Tribunal by its order dated 15-5-2005 accept......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. ........Respondent Judgment April 27, 2014. Result: The leave petition is disposed 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, A..Category: Criminal Law, Property Law | Date: 27 Apr, 2014 | Hits: 8
হোটেল পূর্বাণী ইন্টান্যাশনাল লিমিটেড বনাম কমিশনার অব ট্যাক্সেস, 2014, 43 CLC (HCD)
....) in any case to which sub-section (2) applies, the assessee fails to maintain accounts, make payments or record transactions in the manner directed under that sub-section; or c) a company [or a registered firm] has not complied with the requirements of sub-section (3); the income of the a......ল না। বিচারপতি মোঃ ইমদাদুল হক আজাদ.- আমি একমত হইলাম। Ed. This Case is also Reported in: ......ল না। বিচারপতি মোঃ ইমদাদুল হক আজাদ.- আমি একমত হইলাম। Ed. This Case is also Reported in: ..Category: Fiscal/Taxation Law | Date: 22 Apr, 2014 | Hits: 4
Nur Mohammad and others Vs. Mosammat Kamla Khatun and others, 2014, 43 CLC (AD)
....portion of land appertaining to plot Nos. 4441, 4442, 4443, 4445, 4472. His case, in short, is that the suit land belonged to Jamal Sheikh and the heirs of Jamal Sheikh sold the suit land by two registered deeds of sale dated 26-6-1986 in favour of the plaintiff. The SA record was prepared......ide and the suit is remanded to the trial Court. The trial Court is directed to dispose of the suit as expeditiously as possible. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 205 ...... Court are set-aside and the suit is remanded to the trial Court. The trial Court is directed to dispose of the suit as expeditiously as possible. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 205 ..Category: Civil Law, Procedural Law | Date: 17 Apr, 2014 | Hits: 2
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. ...... Memo dated 9-10-2013 (annexure-H) shall not be declared to have been made without lawful authority and is of no legal effect, and why they shall not be directed to promote the petitioner to the post of Chief Engineer (PWD) on the basis of seniority and/or pass such other or further order or or......overnment of Bangladesh and others.............Respondents Judgment April 3, 2014 Result: The Rule is made absolute. Case Referred to- Bangladesh Vs. Shafiuddin, 50 DLR (AD) 27; Delwar Hossain Mia (Md.) Vs. Bangladesh, 52 DLR (AD) 120; Bangladesh Vs. Md. Shamsul Huq, 59..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)
....as share of land in schedule-1 to the plaint on 31-12-1963 in favour of Abdus Sobhan (plaintiff). According to the terms and conditions of the bainanama dated 31-12-1963, Badal Chakraborty executed a registered deed of sale dated 15-7-1976 in favour of the plaintiff. Kalipada Chakraborty sold his ei......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. ...... been made on proper appreciation of law and 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.
......ooperative Association Limited, Narail (shortly 'UCCA') under Bangladesh Rural Development Board (shortly 'BRDB') by appointment letter dated 10-5-2005 and she was serving in the said post with sincerity and honesty to the satisfaction of the authority concerned and was getting yearl......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.
..
Category: Constitutional Law, Employment/Service Law | Date: 13 Mar, 2014 | Hits: 6
Ekramul Haque Balbul Vs. Md. Faiz and others, 2014, 43 CLC (AD)
....sion, the appellants herein filed Criminal Miscellaneous Petition for Leave to Appeal No. 43 of 2005 and obtained an order of stay of operation of the impugned judgment. The instant appeals were registered under Article 103(2) (c) of the Constitution since appeal lies to this Division as of rig......um of Lord Russell of Killowen, LCJ in Queen Vs. Gray, (1900) 2 QB 36(5) at page 40 wherein his Lordship observed, "Judges and Courts are alike open to criticism, and if reasonable argument or expostulation is offered against any judicial act, as contrary to law or the public good, no Court cou...........................Respondents (In all cases) Judgment March 11, 2014 Result: The Appeal is allowed. Case Referred to- Md. Riaz Uddin Khan Vs. Mahmudur Rahman, 63 DLR (AD) 29, Sir Edward Snelson Vs. Judges, High Court of West Pakistan, Lahore 16 DLR (AD) 535; Shri Bar..Category: Constitutional Law, Contempt of Court Law | Date: 11 Mar, 2014 | Hits: 16
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