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Mohoshin Miah (Md.) Vs. State and another, 2014, 43 CLC (HCD)
....anj. 5. On 14-7-2008 charge under section 161 of the Penal Code read with section 5(2) of the Prevention of Corruption Act, 1947 was framed against the accused to which he pleaded not guilty and claimed to be tried. The case was tried by the Senior Special Judge, Narayanganj till 28-1-2009 and ...... and another………………………..Respondents Judgment June 10, 2014. Result: The appeal 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......m Khokon. The accused on their query admitted before the informant and the Magistrate that he had received Taka 4,000 from Abdus Salam Khokon as bribe. They found the similarity between the recovered money with the inventory list prepared on the same day. The informant arrested the accused and seize..Category: Anti-Corruption Laws, Criminal Law | Date: 10 Jun, 2014 | Hits: 8
Shahin Reza (Md.) Vs. Nasiruddin Howlader and others, 2014, 43 CLC (AD)
....he Court of Subordinate Judge, Khulna against Kanailal Singh and Hiralal Singh and that suit was decreed on compromise on 8-9-1964. That on the basis of erroneous record of right the local tahshilder claimed the suit land as vested and nonresident property and denied to receive rent of the suit......uddin Howlader and others………Respondents Judgment June 5, 2014 Result: This appeal is dismissed. Limitation Act (IX of 1908); Article 120 Suit Field for Declaration of Title— Plaintiff is not bound to institute a suit for declaration...... 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
....ngladesh is directed to take necessary steps under section 16(2) of the Income Tax Ordinance, 1984.
S. H. Md. Nurul Huda Jaigirdar J. - I agree.
This Case is also Reported in:
...... Dhaka……Applicant
Vs.
The Commissioner of Taxes, Taxes Zone-1, Dhaka…………Respondent
Judgment
June 4, 2014.
Result:
The questions formulated for determination answered in the affirmative, in favour of the department-respondent.
...... Bench-4, Dhaka was justified to extend the mischief of section 19(11) of the Income Tax Ordinance treating the receipt of cash asset by way gift within the meaning of “Whether convertible into money or not?”
3. The assessee-applicant I.M. Reazul Hasan is a public servant hold..
Category: Fiscal/Taxation Law | Date: 4 Jun, 2014 | Hits: 5
Shafiqul Islam Vs. Bangladesh Bank and others, 2014, 43 CLC (HCD)
....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 ......0472 of 2012) Writ Petition Nos. 9158, 10472 of 2012. & Writ Petition No. 10093 of 2013. Judgment Sheikh Hassan Arif J.— Since the questions of law and facts involved in the aforesaid three writ petitions are almost same, they have been taken up together for hearing, and are......e High Court Division issued Rule and stayed further proceedings of the said execution case. According to the petitioner, the said judgment-debtors have in the meantime paid the entire decreetal money, however, without interests. 6. As against the aforesaid circumstances and backgroun..Category: Banking Law, Company Law | Date: 1 Jun, 2014 | Hits: 11
....o recover the price under the contract, as a valid and binding contract, he cannot repudiate the terms of the contract relating to arbitration, while seeking to rely on the contract in support of his claim………(41)
Case Referred to-
Sitalakhaya Ice and Cold Storage Pvt. ......practice upon the plaintiff.
As per section 10(2) of the Arbitration Act when it is found that there is arbitration proceeding, Court should keep its hands off from the proceeding pending before the Court………(50)
If a Party relies on the Contract he must rely on it......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)
.... of such co-sharers loses their co-sharership in all other land of the holding or the plot or plot excepting his own share only even if the holding or tenancy remains intact and he, therefore, cannot claim pre-emption under section 24 of the Act if any share or portion thereof of any other owne......-sharers each of such co-sharers loses their co-sharership in all other land of the holding or the plot or plot excepting his own share only even if the holding or tenancy remains intact and he, therefore, cannot claim pre-emption under section 24 of the Act if any share or portion thereof of a......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
.... 1980 (the Act, 1980) for an order to the effect that opposite party Nos. 2 and 3 (respondent Nos. 3 and 4 herein, hereinafter 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-à......, Advocate-on-Record—For the Petitioner.
Sarder Rashed Zahangir, 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 Novembe......l Act, 1980 (the Act, 1980) for an order to the effect that opposite party Nos. 2 and 3 (respondent Nos. 3 and 4 herein, hereinafter 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/à§..
Category: Administrative Law | Date: 25 May, 2014 | Hits: 9
Amena Meher Vs. Md. Abdul Kader and others, 2014, 43 CLC (HCD)
....t 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 proceeding claiming himself to be a co-sharer and a continuous owner of the disputed holding. The appellant cla......exclusive possession got the same mutated in his favour. During pendency of the pre-emption proceeding the appellant filed an application under Order XL, rule 1 of the Code of Civil Procedure praying for appointment of a receiver in respect of the litchi bagan situated over the disputed land, claimi....... 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
.... some business undertakings with its charitable works. Thereupon, the DCT, on examination of the materials on record, assessed total taxable income of the assessee at Tk. 17,79,39,587/-. The assessee claimed that as a charitable trust, its income was used wholly for charitable purposes and, as such,......nt
Vs.
The Commissioner of Taxes, Taxes Zone-5, Shegun Bagicha, Dhaka…………Respondent
Judgment
May 14, 2014.
Result:
The questions (i) and (ii) formulated for determination answered in the negative in favour of the assessee-applicant
The q......s and circumstances of the case, the Tribunal was justified in not excluding Tk. 8,15,04,066/- from the interest income of the applicant inasmuch as the said sum was interest earned on FDRs made with money accruing in the micro-credit schemes of the applicant which is statutorily exempted from taxat..
Category: Fiscal/Taxation Law | Date: 14 May, 2014 | Hits: 9
State and another Vs. Abdul Kader @ Mobile Kader and others, 2014, 43 CLC (AD)
....disclose about the conspiracy to kill Moulana Abdul Kader to any body else of village Kazir Pagla, he volunteered that he did not disclose it lest he was put in trouble in future. He re-affirmed this claim on further cross-examination by other set of accused persons. On further query on the question......her co-accused Lowrance and that the said dispute could not have been resolved despite his brother's eagerness to settle the difference. The Dhruta Bichar Tribunal No.1, Dhaka, which got the case for trial framed charge under sections 302/12OB/34 and 307 of the Penal Code against the respondents...... 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)
.... some business undertakings with its charitable works. Thereupon, the DCT, on examination of the materials on record, assessed total taxable income of the assessee at Tk. 17,79,39,587/-. The assessee claimed that as a charitable trust, its income was used wholly for charitable purposes and, as such,......cant Vs. The Commissioner of Taxes, Taxes Zone-5, Shegun Bagicha, Dhaka…………Respondent Judgment May14, 2014 Result: The questions (i) and (ii) formulated for determination answered in the negative in favour of the assessee-applicant The q......s and circumstances of the case, the Tribunal was justified in not excluding Tk. 8,15,04,066/- from the interest income of the applicant inasmuch as the said sum was interest earned on FDRs made with money accruing in the micro-credit schemes of the applicant which is statutorily exempted from taxat..Category: Fiscal/Taxation Law | Date: 14 May, 2014 | Hits: 3
Asad Ali (Md.) and another Vs. Golam Sarwar and others, 2014, 43 CLC (AD)
.... of such co-sharers loses their co-sharership in all other land of the holding or the plot or plot excepting his own share only even if the holding or tenancy remains intact and he, therefore, cannot claim pre-emption under section 24 of the Act if any share or portion thereof of any other owne......-sharers each of such co-sharers loses their co-sharership in all other land of the holding or the plot or plot excepting his own share only even if the holding or tenancy remains intact and he, therefore, cannot claim pre-emption under section 24 of the Act if any share or portion thereof of a......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. ..Category: Civil Law, Property Law | Date: 14 May, 2014 | Hits: 7
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: ...... who retired from the said post on 01.01.2008. The post of Nikah Registrar thus fell vacant on account of retirement of the petitioner’s father. The local Chairman requested the Respondent No.3 for appointment of the petitioner as Nikah Registrar for the said Union. The petitioner having requi......ture, as many of them often do, from the basic requirement of law while discharging their duties rather than waiting for judicial cure from case to case at the cost of poor litigants, time and public money. 16. Viewed in the light, we feel called to restate as far as possible in lay terms some ..Category: Administrative Law, Constitutional Law | Date: 4 May, 2014 | Hits: 5
....r under the revenue budget; on the other hand, she was appointed in 1989 as an Examiner of BSTI under the revenue budget on regular basis and in that view of the matter, the writ-petitioner could not claim his seniority over her.
8. The writ-petitioner filed an affidavit-in-reply to the affidav......titioner and 11 others were transferred to the revenue budget from the development budget with effect from 1-7-1989, have not been specifically controverted. The writ-respondents took similar stand before the High Court Division, but it rejected their contention with reference to the memos. In ......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.
..
Category: Employment/Service Law | Date: 4 May, 2014 | Hits: 7
Ayub Hossain Khan (Md.) Vs. Bangladesh and others, 2014, 43 CLC (AD)
....ject property and had, thereby, acted without lawful authority. 9. The respondent No.4 in the aforementioned Writ Petition, in his endeavour to rebut the petitioner's assertion and claim, had it to state that the property in question with a single story building on it origina......ub Hossain Khan (Md.)................................Petitioner [In both the cases] Vs. Bangladesh and others (In Civil Petition 1901 of 2011) Human Rights and peace for Bangladesh [In Civil Petition 1902 of 2011]……..Respondent Judgment May 4......our, the district administration, Pabna, has consistently renewed the tenure on the lessee's application who has been paying rents in advance. The swearing respondent invested substantial sums of money for repairing and refurbishing the roof of the building pursuant to approval granted by t..Category: Civil Law, Property Law | Date: 4 May, 2014 | Hits: 20
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 ......he 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 of the process of the Court, if the suit is foredoomed or if the ultimate result of the suit is as clear as the daylight, the suit should be bur......erunnessa, mother of the defendant Nos. 1-5, and defendant Nos. 1-5 entered in to an agreement for sale of the suit land with the plaintiff on 7-7-1987 fixing Taka 70,00,000 as the consideration money and out of which they received a sum of Taka 15,00,000 as baina on the dale of the said agreem..Category: Civil Law, Procedural Law | Date: 30 Apr, 2014 | Hits: 6
Parul Nath and others Vs. State, 2014, 43 CLC (AD)
.....Taufique Hossain, Advocate-on-Record—For the Respondents. Whether the Tribunal was legally correct to give the direction upon accused to return the seized ornaments to the other claimants who deposited those with him as per the seized Registers and report compliance thereof to ......inal jurisdiction. The Act, 1974 has provided the Tribunals with the power to pass necessary orders in case of confiscation of the property at the time of disposal of the case either in the form of acquittal or conviction, but it has not provided the Tribunals with any power to deal w...... rise to Kotwali Police Station Case No.24(8)2004 under section 25B of the Special Powers Act, 1974 (the Act, 1974). The informant deposited the seized almost, namely: gold and silver ornaments, cash money and stone with Bangladesh Bank, Chittagong. Accused-Sree Ram Krishna Nath surrendered before t..Category: Criminal Law, Property Law | Date: 27 Apr, 2014 | Hits: 8
Chittagong Steel Mills Ltd and another Vs. MEC, Dhaka & others, 2014, 43 CLC (AD)
.... in violation of the terms of the agreement and thereafter the appellants completed delivery of the entire goods under the sale agreement with the Defence Service and thereby the respondent claimed to be entitled to get further amount of Taka 43,50,000 as commission @ 3% of the sale price ......iled an application under sections 14/17 of the Arbitration Act, 1940 in the Fifth Court of Subordinate Judge, Dhaka, stating, inter alia, that they were appointed as exclusive sales/commission agent for sale of different products of the appellant, Chittagong Steel Mills Ltd. (in short, the Mil...... that the respondent was entitled to an amount of Taka 14.50 lakh + 43.50 lakh = 58,00,000 and that it could not be said that there was no basis for awarding an amount of Taka 58,00,000 as award money and thus award money of Taka 58,00,000 could not be at all characterized as misconduct on the ..Category: Civil Law | Date: 23 Apr, 2014 | Hits: 10
AZM Tajul Islam vs. Government of Bangladesh and others, 2014, 43 CLC (HCD)
....their letter dated 20-10-2013 submitted a revised proposal containing 7 names and particulars of possible candidates for the promotion to the post of Chief Engineer, PWD. 25. The petitioner claimed seniority as the basis of promotion, in fact, seniority is not the only basis of promotion o......r or orders as to this Court may seem fit and proper. And pending hearing of the Rule, there was an order of injunction from promoting any junior of the petitioner in the post of Chief Engineer (PWD) for a period of 6(six) months. 2. The facts necessary for disposal of the Rule, as has been sta......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. ..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)
....-aside. He further submits that according to illustration-h to section 3 of the Specific Relief Act, defendant No.1should have inquired as to how the plaintiff has been in possession of the land claimed by the plaintiff and that the High Court Division without considering this aspect of the cas......hellip;……..................Petitioners Vs. Osi Mia alias Osi Mia Sawdagar....................Respondents Judgment March 9, 2014. Result: The civil petition for leave to appeal is dismissed. To prove the possession Plaintiff did not have any posse......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. ..Category: Property Law | Date: 19 Mar, 2014 | Hits: 15
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