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Mohoshin Miah (Md.) Vs. State and another, 2014, 43 CLC (HCD)
....imala the occurrence of this case was taken place. The permission either in written or oral was mandatory for the field officer for laying down a trap and every law and Rule is enacted in a civilized society to obey it and to serve the best purpose of the people and not to violate it and if the law ......en the leader of the trap party and the accused was inimical before the occurrence of this case. So, the bonafide act of the leader of the trap party in order to discharge his official duty cannot be called in question to save the accused from the grip of the case. 13. He next submits that it i......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)
....Field for Declaration of Title— Plaintiff is not bound to institute a suit for declaration that the records of right of the suit land are 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 ti......eave-petitioner to the effect that the High Court Division was wrong in making the rule absolute ignoring the concurrent findings and decision of the courts of facts relying on Exhibit-6 and other so-called decrees which were not at all binding upon the plaintiff; that the High Court Division, on mi...... 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
Shafiqul Islam Vs. Bangladesh Bank and others, 2014, 43 CLC (HCD)
....ould have retrospective effect and, as such, should apply to the petitioner retrospectively. This retrospective application of the amended definition of "defaulter-borrower" may also be viewed as subsequent withdrawal of exemptions by the amended definition of 'defaulter-borr......ow: In Writ Petition No. 9158 of 2012, the petitioner was the Managing Director of two limited companies, namely Mystic Pharmaceuticals Limited and Russel Lodge Holding Limited (hereinafter called "Mystic" and "Russel Lodge"). In Mystic the petitioner was the holder of ......stay granted earlier by this Court at the time of issuance of the said rules, thus, stand recalled and vacated Communicate this. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 270 ..Category: Banking Law, Company Law | Date: 1 Jun, 2014 | Hits: 11
....rs have no Jurisdiction over the Court but Court has Jurisdiction over the Arbitration—
The decisions of the arbitration is subject to review by the Court, either at the time of mistake of some rules of the Court or on the application of any of the parties. There were arbitration proceedi......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
......ime for challenge being the submission of his "first statement on the substance of the dispute". Lord Justice Otton approved a passage in professor Merkin's Arbitration Law equating the loss of the right to apply for a stay with the 'defendant taking some step amounting to an invoc..
Category: Arbitration Law, Civil Law, Procedural Law | Date: 28 May, 2014 | Hits: 7
....r referred to as the opposite parties) were not entitled to the money claimed in the Memo dated 29-6-1991 vide No. ৩৩০৩/আই/সৈয়দ/পরি-১/৯০-৯১/১৯৯৯ and also to dispose of the audit objection in his favour in the light of the order passed by the Trib......istrative Appellate Tribunal, Dhaka in Administrative Appellate Tribunal Appeal No.201 of 2005).
Judgment
Md. Abdul Wahhab Miah J. - In this petition for leave to appeal, the petitioner has called in question the decision dated the 12th day of November, 2009 given by the Administrative App......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)
....iver in respect of the litchi bagan situated over the disputed land, claiming that the litchis are almost ripe and it has got a short and limited period of time for plucking the fruits. It was also stated in the application by the appellant that over the claim of the fruits grown in the or....... 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 ......plucking the fruits. It was also stated in the application by the appellant that over the claim of the fruits grown in the orchard there is an apprehension of breach of peace which might lead to loss of lives between the parties; therefore, the appellant as petitioner filed an application for a..Category: Civil Law, Procedural Law | Date: 19 May, 2014 | Hits: 3
....tion (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) engaged in run...... 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:
......f the case, the Tribunal was justified in upholding the findings of the DCT that since the income of BRAC Dairy is exempted from taxation under section 44(4)(b) of the Income Tax Ordinance, 1984, the losses of BRAC Dairy cannot be set off against the income of the applicant.
vi) Whether, in the..
Category: Fiscal/Taxation Law | Date: 14 May, 2014 | Hits: 9
State and another Vs. Abdul Kader @ Mobile Kader and others, 2014, 43 CLC (AD)
....2004) Judgment Md. Muzammel Hossain CJ. - I have gone through the judgments proposed to be delivered by my brothers, Surendra Kumar Sinha, J and Md. Abdul Wahhab Miah J. I agree with the reasoning and findings given by Md. Abdul Wahhab Miah, J. Surendra Kumar Sinha J. - I have had the......s involvement with the killing of the deceased. And the finding of guilt of the Tribunal in respect of Ataur being based on proper consideration of the evidence of the P.Ws., .no interference is called for with the judgment and order of the High Court Division dismissing the appeal of accused-A...... 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)
....tion (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) engaged in run......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: ......f the case, the Tribunal was justified in upholding the findings of the DCT that since the income of BRAC Dairy is exempted from taxation under section 44(4)(b) of the Income Tax Ordinance, 1984, the losses of BRAC Dairy cannot be set off against the income of the applicant. vi) Whether, in the..Category: Fiscal/Taxation Law | Date: 14 May, 2014 | Hits: 3
Bangladesh Rural Advancement Committee (BRAC) VS. The Commissioner of Taxes, 2014, 43 CLC (HCD)
....ixed deposits are not excluded income under the then prevailing provision of this Ordinance. Moreover, incomes from interest from FDR, debentures and bank accounts are classified as income from other sources under section 20 of the Ordinance. So, it cannot be treated as an income derived from micro ...... 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: ......onation (Voluntary Activities) Organization. 5. The assessee submitted its income tax returns for the assessment years 2001-2002 and 2002-2003 showing total income at Tk. 116,62,39,715/- and net loss of Tk. 7,02,89,923/- respectively before the Inspecting Additional Commissioner of Taxes, Inspe..Category: Fiscal/Taxation Law | Date: 12 May, 2014 | Hits: 5
Bangladesh Rural Advancement Committee (BRAC) Vs. Commissioner of Taxes, 2014, 43 CLC (HCD)
....necessary 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 ......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: ......onation (Voluntary Activities) Organization. 5. The assessee submitted its income tax returns for the assessment years 2001-2002 and 2002-2003 showing total income at Tk. 116,62,39,715/- and net loss of Tk. 7,02,89,923/- respectively before the Inspecting Additional Commissioner of Taxes, Inspe..Category: Fiscal/Taxation Law | Date: 12 May, 2014 | Hits: 5
Md. Abul Bashar Vs. Government of Bangladesh, 2014, 43 CLC (HCD)
....ary, Ministry of Law, Justice and Parliamentary Affairs, Bangladesh Secretariat, Ramna, Dhaka and others……Respondents Judgment May 4, 2014 Result: The Rule is made absolute. Cases Referred to- Mlv Md. Abdul Khiurshid Alam Vs.Bangladesh & others, 50 DLR......on for another Nikah Registrar in that an Union is the minimal territorial unit of a Nikah Registrar as per Rule 13(Uma) of the Muslim Marriages & Divorces (Registration) Rules, 2009 (hereinafter called as the “ The Rules”); the Respondent No.7 is not the resident of Ward No. 5,6,7,8......not required to ask the affected Nikah Registrar to say anything. We have no hesitation to reject the argument precisely for the reason that he is the man who bears the highest stake as one suffering loss of income, if any, by the action. If for the division his income significantly reduced affectin..Category: Administrative Law, Constitutional Law | Date: 4 May, 2014 | Hits: 5
Ayub Hossain Khan (Md.) Vs. Bangladesh and others, 2014, 43 CLC (AD)
.... 158; House of Lords in Hughes Vs. Metropolitan Railway, 1877 2 App. Case 439; Woodhouse AC Israel Cocoa Ltd. Vs. Nigerian Produce Marketing Co. Ltd. 1972 AC 741; Combe Vs. Combe 1951 2 KB 215; Robertson Vs. Minister of Pensions 1949 1 KB 227; Wells Vs. Minister of Housing and Local Government 1967 ......ard of works deciding whether a house should be pulled down." 48. Lord Evershed in the same case stated, “It has been said many times that the exact requirements in any case of the so-called principles of natural justice cannot be precisely defined; that they depend in each case......the learned Advocate and his client resorted to clear fraud upon the Court for which they deserve to be reprimanded. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 215. ..Category: Civil Law, Property Law | Date: 4 May, 2014 | Hits: 20
Pubali Bank Limited Vs. Commissioner of Taxes, 2014, 43 CLC (HCD)
....the DCT for bad and doubtful debts. 4. Against the said order, the assessee filed Income Tax Appeal No. 6316 of 2000-2001 before the Tribunal. The Tribunal allowed the appeal in part and reduced some of the disallowances made by the Commissioner of Appeal relating to expenses in the profit and ......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: ......4/- only on account of expenses and Tk. 7,63,59,667/- on account of provision for bad and doubtful debts and adjusted an amount of Tk. 12,00,00,000/- from the total income on account of carry forward loss for the assessment year 1993-1994. 3. Being aggrieved by the assessment order, the assesse..Category: Fiscal/Taxation Law | Date: 27 Apr, 2014 | Hits: 6
হোটেল পূর্বাণী ইন্টান্যাশনাল লিমিটেড বনাম কমিশনার অব ট্যাক্সেস, 2014, 43 CLC (HCD)
....al was legally justified to reduce/confirm the order of the Commissioner of Taxes (Appeals) regarding disallowance’s under the different heads of profit and loss account, without stating any reason when the assessee-company maintained the books of account in accordance with requirement of sect......ল না। বিচারপতি মোঃ ইমদাদুল হক আজাদ.- আমি একমত হইলাম। Ed. This Case is also Reported in: ......e, the learned Taxes Appellate Tribunal was legally justified to reduce/confirm the order of the Commissioner of Taxes (Appeals) regarding disallowance’s under the different heads of profit and loss account, without stating any reason when the assessee-company maintained the books of account i..Category: Fiscal/Taxation Law | Date: 22 Apr, 2014 | Hits: 4
Ibrahim Vs. State, 2014, 43 CLC (HCD)
.... Acid Aparadh- Nari-o-Shishu Nirjatan (Bishesh Bidan) Ain, 1995; Sections: 5(অ) 5(ঈ), 5(ক)& 5(ঙ) It is true that crime like acid throwing is shocking in nature and also, revolting. The crime is against society and humanity, but the prosecution convicted the accused ...... Case No. 6(4) of 1996. 3. The police after investigation submitted charge-sheet under section 326A of the Penal Code accusing FIR named accused Ibrahim. 4. Eventually, the accused was called upon to answer the charge under section 5 (ক)) (ঙ) of the Ain, 1995 to which he pleaded n......m be set at liberty if not detained in any other case. The Office is directed to send down the records at once. Ed. This Case is also Reported in: 20 BLC (HCD) (2015) 289 ..Category: Evidence Law, Women and Children | Date: 16 Apr, 2014 | Hits: 17
State Vs. Shajahan Bepari and others, 2014, 43 CLC (HCD)
.... Das J State...........................Petitioner Vs. Shajahan Bepari and others.........Accused-Opposite Parties Judgment April 3, 2014. Result: The Rule is made absolute. Purpose of Section 339C— Speedy Trial Court— The whole purpose of un-a......e is directed to dispose of the case within six months from date. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 140 ......ested right of stoppage and release. It was fettered and chained with the prosecution's right to revive the proceeding. Now both the corresponding rights are gone. No one can complain of any loss thereby. By necessary intendment of any Act will be retrospective in operation in so far as sub..Category: Criminal Law, Procedural Law | Date: 3 Apr, 2014 | Hits: 3
....ades Represented by the Secretary, Ministry of Local Government and others.................Respondents
Judgment
March 13, 2014.
Result:
The Rule is made absolute
Constitution of Bangladesh, 1972; Article 102(2)
The nature of order stopping salar......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.
...... job needed for survival and of persons holding responsible posts in the hierarchy. And for the precise reason the job of an MLSS, unlike others, is directly linked with his/her bread and butter loss of which directly affects his/her survival as human.
15. The authority is doubtlessly empo..
Category: Constitutional Law, Employment/Service Law | Date: 13 Mar, 2014 | Hits: 6
SM Deen Islam Vs. Government of Bangladesh and others, 2014, 43 CLC (HCD)
....; Government of Bangladesh and others..........Respondents Judgment March, 2014. Result: Both the Rules are made absolute. Cases Referred to- Bangladesh Vs. Lokman Patwari, 46 DLR (AD) 163. Lawyers In...... legal effect. 3. In writ Petition No.3705 of 2013, vide Rule Nisi so issued under Article 102 of the Constitution of the People's Republic of Bangladesh the respondents have been called upon to show cause as to why the impugned Memo No.স্থাসবি/ইপ/ইউপি-......র আত্মসাতের বা অপপ্রয়োগের জন্য দায়ী হন;” 21. In other words, if he is found guilty of misconduct or causes abuse of power or loss to any property of the union parishad or is found to have misappropriated fund or property of t..Category: Administrative Law, Constitutional Law | Date: 4 Mar, 2014 | Hits: 5
Hafiz Ahmed Mazumder Vs. Pubali Bank Limited, 2014, 43 CLC (HCD)
.... iv. All directors who shall resign pursuant to the judgment and order shall be eligible for re-election, on condition that they are not otherwise disqualified as per provisions of the Articles of Association or any statute or any directive or circular of the regulatory authorities, if any, as the ......eative contribution' to the board. The instant petitioners do not fulfill the aforesaid criteria of the SEC Notification dated 7-8-2012 for independent directors. Hence, the petitioners cannot be called independent/nominated directors in complete contravention of the said Notification; that in t......me of admission of this petition is hereby vacated. The parties will bear their respective cost. This Case is also Reported in: 66 DLR (HCD) (2014) 234 ..Category: Banking Law, Corporate Law | Date: 25 Feb, 2014 | Hits: 9
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