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Md. Jafar Ullah Vs. Bangladesh, 2014, 43 CLC (HCD)
.... 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 ......gaming-house for the purpose of gaming, no matter playing for money, wager, stake or otherwise. 10. A plain reading of the long title of the Act suggests that the Act itself was intended to make provisions for punishment for ‘public gambling’ and the keeping of ‘common gaming-..Category: Others | Date: 28 Jun, 2014 | Hits: 91
Motiur Rahman and others Vs. Siddika Begum and Others, 2014, 43 CLC (HCD)
.... temporary injunction. 6. Thereafter, on 16-9-2009 in Miscellaneous Appeal No.122 of 2009, the appellant-defendant No.1 opposite-party subsequently filed an application to pass an order for mandatory injunction before disposing of the application for temporary injunction with the allegatio......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 ..Category: Procedural Law | Date: 16 Jun, 2014 | Hits: 0
State Vs. Md. Sajjad Ali, 2014, 43 CLC (HCD)
....ocedure for trial in case of a person being lunatic before Court of Sessions as laid down in section 465 of the Code of Criminal Procedure continued the proceedings. The provisions of the section are mandatory and failure of the Court to do so rendered the entire subsequent proceedings illegal and i......ce custody if he would confess or not confess. He gave 3 hours time for reflection. He denied the suggestion that the accused was insane. He also denied the suggestion that he did not comply with the provisions of law at the time of recording the statement. He also denied the suggestion that the sta..Category: Criminal Law | Date: 16 Jun, 2014 | Hits: 15
Mohoshin Miah (Md.) Vs. State and another, 2014, 43 CLC (HCD)
....nnection of this case was made on 10 April, 2007, that is, after 11 days of the promulgation of the Bidhimala 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 civili......the judgment of the trial Court submits that the informant who led the trap party in nabbing the accused during the alleged transaction of bribe had proceeded illegally without compliance of the provisions of law. He did not obtain any sanction for trapping the case from the lawful authority. A..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: ...... the ground of concealment of income. The DCT reopened the case only for concealment of house rent income but considered the genuineness of gift and rejected the gift. The DCT without considering the provisions of law completed assessment computing the assessee’s income at Tk. 10,44,000/- unde..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: ...... the ground of concealment of income. The DCT reopened the case only for concealment of house rent income but considered the genuineness of gift and rejected the gift. The DCT without considering the provisions of law completed assessment computing the assessee’s income at Tk. 10,44,000/- unde..Category: Fiscal/Taxation Law | Date: 9 Jun, 2014 | Hits: 5
....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:
......at the AJCT considering the facts and circumstances, affirmed the order of the DCT lawfully; that the Tribunal also legally affirmed the order of the AJCT, as in the above admitted circumstances, the provisions of section 19(11) of the Ordinance was properly applied in case of the assessee. Therefor..
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 ......he judgment-debtors including the petitioner filed application before the concerned Adalat for allowing them to repay the entire decreetal amount without interests by installments in view of the provisions under section 49(1) of the Artha Rin Adalat Ain, 2003. Thereupon, the Adalat allowed the ..Category: Banking Law, Company Law | Date: 1 Jun, 2014 | Hits: 11
....resolved by invoking Arbitration Clause of the agreement by International Cotton Association Limited with Rules and By-laws of that association. By-laws 300 of the aforesaid association make its mandatory as:
1. "We will conduct arbitration in one of two ways:
Quality arbitra......aintiff's request to open L/C in favour of the petitioner No. 1 pursuant to the aforesaid contract as the contract price was higher than the market price and that it is allegedly against the provisions of the Import Policy Order 2009-2012. Upon non-performance of the contract, the peti..
Category: Arbitration Law, Civil Law, Procedural Law | Date: 28 May, 2014 | Hits: 7
....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.
......relying on rule 18 (in the decision it has wrongly been written as section) of the Rules, 1985. But it failed to consider sub-rule (4) of rule-1 of the Rules, 1985 which has clearly provided that the provisions of the Rules, 1985 shall apply to all Government Servants, except
(a) persons to who..
Category: Administrative Law | Date: 25 May, 2014 | Hits: 9
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 ......ed 6-4-2004 issued by the Ministry of Law, Justice and Parliamentary Affairs. His departmental appeal was also dismissed. The charges against Mr. Aynal Haque brought by the respondents were under the provisions of Rules 3(b) and 3(d) of the Government Servants (Discipline and Appeal) Rules, 1985, th..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 ......ntinuance of the marriage, "unless it can be shown that the parties to the marriage had no access to each other at any time when the child could have been begotten ". 45. The statutory provisions surely over rides the rule as referred to in the otherwise authoritative book of DF ..Category: Women and Children | Date: 19 May, 2014 | Hits: 29
.... 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:
......plication), the order passed by the Tribunal in the second appeal (Annexure-C to the reference application) and the affidavit-in-reply filed by the respondent. We have also studied the relevant legal provisions, the decision as referred to by Md. Asaduzzaman and other materials on record.
Let u..
Category: Fiscal/Taxation Law | Date: 14 May, 2014 | Hits: 9
State and another Vs. Abdul Kader @ Mobile Kader and others, 2014, 43 CLC (AD)
....tion 157 of the Evidence Act that the statement of a fact is required to be made at once or at least shortly after the event when a reasonable opportunity for making it present itself is not the mandatory requirement of the rule of law. References may be made in this connection are state of TNV......, he is liable to be convicted and sentenced under the said sections of the Penal Code. 100. Though accused-Mobile Quader was not charged under sections 302/109 of the Penal Code, in view of the provisions of section 535 of the Code, we do not find any legal difficulty in finding him guilty und..Category: Criminal Law | Date: 14 May, 2014 | Hits: 16
Bangladesh Rural Advancement Committee (BRAC) Vs. Commissioner of Taxes, 2014, 43 CLC (HCD)
....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: ......plication), the order passed by the Tribunal in the second appeal (Annexure-C to the reference application) and the affidavit-in-reply filed by the respondent. We have also studied the relevant legal provisions, the decision as referred to by Mr. Md. Asaduzzaman and other materials on record. L..Category: Fiscal/Taxation Law | Date: 14 May, 2014 | Hits: 3
Bangladesh Rural Advancement Committee (BRAC) VS. The Commissioner of Taxes, 2014, 43 CLC (HCD)
....) was not applicable in case of an NGO registered with NGO Affairs Bureau. In the explanation, the word ‘shall’ has been used and therefore, the provision of the explanation has been made mandatory by the legislature. So, there is hardly any scope to apply the provision of Paragraph 1(1)...... 2002-2003) “(i) Whether, in the facts and circumstances of the case, the Tribunal was justified in not holding the entire income of the applicant as being exempted from taxation under the provisions of paragraphs 1 and 1A, Part A, Sixth Schedule of the ITO,1984. (ii) Whether, in the..Category: Fiscal/Taxation Law | Date: 12 May, 2014 | Hits: 5
Bangladesh Rural Advancement Committee (BRAC) Vs. Commissioner of Taxes, 2014, 43 CLC (HCD)
....) was not applicable in case of an NGO registered with NGO Affairs Bureau. In the explanation, the word ‘shall’ has been used and therefore, the provision of the explanation has been made mandatory by the legislature. So, there is hardly any scope to apply the provision of Paragraph 1(1)......nbsp; “(i) Whether, in the facts and circumstances of the case, the Tribunal was justified in not holding the entire income of the applicant as being exempted from taxation under the provisions of paragraphs 1 and 1A, Part A, Sixth Schedule of the ITO,1984. (ii) Whether, in the..Category: Fiscal/Taxation Law | Date: 12 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.
......dgment
May 4, 2014.
Result:
The petition is dismissed.
No attempt has been made to attack the finding of the High Court Division on Service Matter
Having been considered the provisions of sections 36(1), 36(2) of the Ordinance, relevant rules of the Rules, the High Court Di..
Category: Employment/Service Law | Date: 4 May, 2014 | Hits: 7
Ayub Hossain Khan (Md.) Vs. Bangladesh and others, 2014, 43 CLC (AD)
....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. ......o 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 application, and reminisce..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 ......perusing the entire plaint, it is found that no cause of action has been disclosed, the plaint must be rejected. 43. A plaint may be rejected by the Court by invoking its inherent power even the provisions of Order VII, rule 11 are found not to be applicable. It is now a settled principle of la..Category: Civil Law, Procedural Law | Date: 30 Apr, 2014 | Hits: 6
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