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

....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:   ...... Present: Md.Moinul Islam Chowdhury J J.B.M.Hassan J Tapan Kumar Mondal………………………………Petitioner Vs.                &......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:   ...... quota for the same post or not….......(10) Lawyers Involved: Md. Humayun Kabir for Md.Imrul Haydar- For the Petitioner. Goutam Kumar Roy,Deputy Attorney General, with Md. Eunus Ali, Assistant Attorney General-For the Respondents. Writ Petition No.6602 of 2013 Judgmen..

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)

....sp;            Ed. This Case is also Reported in: 20 BLC (AD) (2015) 64.           ......zmun Ara Sultana J  Syed Mahmud Hossain J Md. Imman Ali J     Secretary, Ministry of Finance, Internal Resources Division and others.........Appellants Vs. Sherajul Islam.......................Respondent 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

Union Capital Limited Vs. Commissioner of Taxes, 2014, 43 CLC (HCD)

....d 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: ......ector & CEO Mr. Md. Akter Hossain Sannamat ………………………………………….Assessee-Applicant Vs. The Commissioner of Taxes, Large Taxpayers Unit (LTU), 2nd Twelve Storied Building, Segunba......d 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: ......1)(a)(ii) of the Ordinance..........(17) Cases Referred to- Commissioner of Income Tax Vs. Lackatoorha Tea company Limited, reported in 31 DLR 396. Lawyers Involved: Sarder Jinnat Ali, Adv. with Md. Delowar Hossain, Adv.—For the Assessee-applicant S. Rashed Jahang..

Category: Fiscal/Taxation Law | Date: 21 Jul, 2014 | Hits: 3

Md. Jafar Ullah Vs. Bangladesh, 2014, 43 CLC (HCD)

....Act is absolutely synonymous with gambling. ‘Lottery’ also is a kind of gambling which involves the drawing of lots for a prize. Save as otherwise authorized by the Government or the State lottery, keeping any office or place for the purpose of drawing any lottery is punishable unde......80 ...... given is hereby vacated. Communicate copies of this judgment to the respondents at once. Md. Badruzzaman J.- I agree. Ed.66 This Case is also Reported in: DLR (2014) (HCD) 380 ...... given is hereby vacated. Communicate copies of this judgment to the respondents at once. Md. Badruzzaman J.- I agree. Ed.66 This Case is also Reported in: DLR (2014) (HCD) 380 ..

Category: Others | Date: 28 Jun, 2014 | Hits: 91

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

....ate Division (Criminal) Present: Syed Mahmud Hossain J Md. Imman Ali J Hasan Foez Siddique J Mahabur Sheikh alias Mahabur.......................Petitioner Vs. State, represented by the Deputy Commissioner, Narail.......Respondent Judgment June 20, 2...... Appellate Division (Criminal) Present: Syed Mahmud Hossain J Md. Imman Ali J Hasan Foez Siddique J Mahabur Sheikh alias Mahabur.......................Petitioner Vs. State, represented by the Deputy Commissioner, Narail.......Respondent Judgment J......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. ......eal is dismissed. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 54. ..

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     ......p; ......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     ......eared in the suit by filing written statement. Thereafter, the defendant No. 1 filed an application for temporary injunc­tion stating that the lands described in schedule 1 to 6 belonged to Amjat Ali; that Amjat Ali died leaving behind two daughters, the plaintiff and the defendant No. 1, 1 wido..

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

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

....s also Reported in: 67 DLR (HCD) (2015) 161 ...... Court High Court Division (Criminal Appellate Jurisdiction) Present: Quamrul Islam Siddique J AKM Zahirul Hoque J State.................................Petitioner Vs. Md. Sajjad Ali...........................Condemned Prisoner Judgment June 16, 201......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 ......urt Division (Criminal Appellate Jurisdiction) Present: Quamrul Islam Siddique J AKM Zahirul Hoque J State.................................Petitioner Vs. Md. Sajjad Ali...........................Condemned Prisoner Judgment June 16, 2014. Result: ..

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

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

.... Hasan Foez Siddique J      AHM Shamsuddin Chowdhury J        Engineer Abdul Md. Wadud .............Petitioner Vs. State and another............................Respondent Judgment June 16, 2014.  ......  Hasan Foez Siddique J      AHM Shamsuddin Chowdhury J        Engineer Abdul Md. Wadud .............Petitioner Vs. State and another............................Respondent Judgment June 16, 2014.&n......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 ......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 ..

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

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

....   ...... 114   ......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   ...... the signal through gesture. He denied the defence suggestion that since the mutation was completed before 10-4-2007, so the transaction of bribe on that date is immaterial. 18. P.W. 2 Md. Emran Ali, Inspector of Police testified that on 10-4-2007 he was posted as Officer-in-Charge at Fatulla P..

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

Khandker Abul Hashem Vs. The Commissioner of Taxes, 2014, 43 CLC (HCD)

....e Court of Bangladesh is directed to take 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: ......sent: Zinat Ara J S. H. Md. Nurul Huda Jaigirdar J Khandker Abul Hashem, S/O Late Khandker Bazlur Rahman, Mohammadpur, Dhaka……………......Applicant Vs. The Commissioner of Taxes, Taxes Zone-6, Kakrail, Dhaka-1000………&hellip......e Court of Bangladesh is directed to take 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: ......61; China Subbarayudu Vs. C.I.T, 172 ITR (AP) 278; Babu Ram Nagar Mal Vs. ITO, 222 ITR (P & H) 450; Raymond Woolen Mills Ltd. Vs. ITO, 207 ITR (Bom) 929. Lawyers Involved: Sarder Jinnat Ali—For the applicant Mahfuza Begum, AAG with Nurun Nahar, AAG—For the respondent ..

Category: Fiscal/Taxation Law | Date: 9 Jun, 2014 | Hits: 3

Khandker Abul Hashem Vs. Commissioner of Taxes, 2014, 43 CLC (HCD)

....angladesh is directed to take 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:   ...... Zinat Ara J S. H. Md. Nurul Huda Jaigirdar J Khandker Abul Hashem, S/O Late Khandker Bazlur Rahman, Mohammadpur, Dhaka…………….......Applicant Vs. The Commissioner of Taxes, Taxes Zone-6, Kakrail, Dhaka-1000………&hellip......angladesh is directed to take 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:   ......61; China Subbarayudu Vs. C.I.T, 172 ITR (AP) 278; Babu Ram Nagar Mal Vs. ITO, 222 ITR (P & H) 450; Raymond Woolen Mills Ltd. Vs. ITO, 207 ITR (Bom) 929. Lawyers Involved: Sarder Jinnat Ali—For the applicant Mahfuza Begum, AAG With Nurun Nahar, AAG—For the respondent...

Category: Fiscal/Taxation Law | Date: 9 Jun, 2014 | Hits: 5

Government of Bangladesh and others Vs. Md. Abdul Karim, 2014, 43 CLC (HCD)

.... disposal of the criminal case pending against him on the same issue. Ed. This Case is also Reported in: 66 DLR (AD) (2013) 251           ......t Appellate Division (Civil) Present: Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Government of Bangladesh and others ...............Petitioners Vs.      Md. Abdul Karim………………&he...... disposal of the criminal case pending against him on the same issue. Ed. This Case is also Reported in: 66 DLR (AD) (2013) 251           ......251           ..

Category: Civil Law, Procedural Law | Date: 9 Jun, 2014 | Hits: 4

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

....creed on 15-6-1972. On the basis of this decree dated 15-6-1972 the defendants also got the suit land mutated in their names by filing a Miscellaneous Case being No. 1/1973-74 under section 54 of the State Acquisition and Tenancy Act. Thereafter, the defendants filed another suit being Title Suit No......ivil) Present: Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Shahin Reza (Md.)……………………..Appellant Vs. Nasiruddin Howlader and others………Respondents Judgment June ...... 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   ......ase 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)

.... also be applicable to the petitioner as the same is a declaratory and clar­ificatory amendment of the term 'defaulter-borrower........(25 & 27) Case Referred to- Nazimuddin Vs. State, 30 DLR 49; State of Punjab Vs. Mohar Sings, 1955 AIR (SC) 84; Sangam Spinners Vs. Regional Pr...... Present: Sheikh Hassan Arif J Mohammad Ullah J Shafiqul Islam………………………………….Petitioner Vs. Bangladesh Bank and others............Respondents Judgment June 1, 2014. Res......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 ......dment and, as such, the submissions as to the retrospectivity of the amended definition of borrower-defaulter' has no manner of application in her case. In Writ Petition 10093 of 2013, Mr. Kowser Ali, learned Advocate appearing for Exim Bank, submits that since the petitioner was admittedly the ..

Category: Banking Law, Company Law | Date: 1 Jun, 2014 | Hits: 11

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

....ion or separation of tenancy. Section 24 of the Non-Agricultural Tenancy Act has given the right of pre-emp­tion to the co-sharer tenants of the non-agricultural land while section 96 of the State Acquisition and Tenancy Act has given the right of pre-emption to the co-sharer tenants of the......llate Division (Civil) Present: Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Asad Ali (Md.) and another...............................Appellants Vs. Golam Sarwar and others……………………&hel......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)

....on, including an additional pension, admissible to him under the rules governing pension, if he is a pensionable railway servant (b) the provident fund, bonus and gratuity admissible to him under the State Railway Provident Fund and Gratuity Rules, if he is a non-pensionable railway servant and appe......mmel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Hasan Foez Siddique J AHM Shamsuddin Choudhury J Elahi Box Sardar (Md.).........................Petitioner Vs. Government of Bangladesh repre­sented by Ministry of Communication and others&hell......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.   ......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

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

....ates in details the methods and the scientific basis of determination of parentage based on DNA test. He states the number of paternity tests in the US as follows: "Every year in the United States more than 3, 00,000 paternity cases are performed where the identity of the father of the chi......sion (Civil Revisional Jurisdiction) Present: Md. Emdadul Huq J Beautiful Bibi………………….............................Petitioner Vs. Md. Sydur Rahman………………………&he....... 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 ....... 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)

....(2015) 6. ......) Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Hasan Foez Siddique J State and another.... .............................Appellant Vs. Abdul Kader @ Mobile Kader and others..........Respondents Judgment May 14, 2014....... 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. ......ssed. Criminal Appeal No.24 of 2010 is allowed. Case Referred to- Mirza Akbar Vs. King of Emperor, AIR 1940 PC 176; Williams and Coleridge, JJ, Reg Vs. Blake, 1844 (6 QB) 126; Zulfikar Ali Bhutto Vs. State, PLD 1979 SC 53; Sardul Singh Caveeshar Vs. State of Bambay, AIR 1957 SC 747 (1..

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

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

....ion or separation of tenancy. Section 24 of the Non-Agricultural Tenancy Act has given the right of pre-emp­tion to the co-sharer tenants of the non-agricultural land while section 96 of the State Acquisition and Tenancy Act has given the right of pre-emption to the co-sharer tenants of the......t Appellate Division (Civil) Present: Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Asad Ali (Md.) and another....................Appellants Vs. Golam Sarwar and others……………………&hel......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.     ......orted in: 66 DLR (AD) (2014) 315.     ..

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. ...... (Civil Appellate Jurisdiction) Present: Nazmun Ara Sultana J Syed Mahmud Hossain J Md Imman Ali J Nurul Hoq Bhuiyan.....................................Petitioner Vs. Momtazul Islam and others.........................Respondents Judgment May 12, 20...... 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. ......lso Reported in: 67 DLR (AD) (2015) 51. ..

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