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

....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. ......ara Police Station upon which Lohagara PS Case No. 16 dated 24-9-2003 was started under section 11(ka) of the Nari-o-Shishu Nirjatan Daman Act, 2000 against the accused petitioner only. 3. After investigation police submitted charge sheet being charge sheet No. 184 dated 17-12-2003 against the ..

Category: Women and Children | Date: 20 Jun, 2014 | Hits: 15

Motiur Rahman and others Vs. Siddika Begum and Others, 2014, 43 CLC (HCD)

....; The defendant No. 1 has exclusive posses­sion over the suit land and prima facie shows that she has mutated her name separately and paying regular rent to the government. Before disposal of the partition suit finally, it is suffi­cient to prove that the defendant No. 1 has prima facie argu......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)

....hat police arrested accused Md. Sajjad Ali and the accused made an extra-judicial confession and in his extra-judicial confession, he stated that he killed Shuvon by throttling and he also burnt some parts of Shuvon. P.W.1 also stated the accused concealed the dead body of the deceased under the wat......the basis of the aforesaid FIR, Motihar Police Station Case No. 3 dated 7-8-2007 under sections 364A/302/201 of the Penal Code was recorded. 6. SI Moktar Hossain was entrusted with the charge of investigation of the case. During investigation he visited the place of the occur­rence, prepare..

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

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

....ed Md. Abdul Khalek and Shafiul Alam. 4. We have perused the FIR, the police report and heard the learned counsel. The High Court Division on a thorough consideration of the materials on record, particularly the police report has arrived at the conclusion that a prima facie case has been found ......k Gas Company Limited for producing Liquidified Petroleum Gas from Natural Gas extracted from Kailashtilla Gas Field. The petitioner was not suspected as an accused initially in the FIR. In course of investigation, the investigation officer found his complicity to the effect that he being the Managi..

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

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

.... necessity for the enactment of the law and the Rules...... (48) Since there appears no special defence case on behalf of the accused in respect of the trap case that the P.W. 1 who led the trap party had any connivance with Abdus Salam Khokon in order to make a trap, such a defect which might ......id not admit the same 33. P.W. 12 Helaluddin Sharif, the Investiga­ting Officer of this case testified that he was appointed as Investigating Officer of the case on 23-1-2008 and started his investigation on and from 30-1-2008. He visited the place of occur­rence and recorded the statem..

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

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

..... Being aggrieved by the first appellate order, the assessee filed Income Tax Appeal No. 235 of 2003-2004 before the Tribunal and the Tribunal considered the appeal on merit and allowed the appeal in part relating to other grounds. But it, without considering the facts and circumstances of the case ......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: ..

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

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

..... Being aggrieved by the first appellate order, the assessee filed Income Tax Appeal No. 235 of 2003-2004 before the Tribunal and the Tribunal considered the appeal on merit and allowed the appeal in part relating to other grounds. But it, without considering the facts and circumstances of the case ......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:   ..

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

Shafiqul Islam Vs. Bangladesh Bank and others, 2014, 43 CLC (HCD)

....ner is directly affected by this amended definition as the petitioner was the Managing Director as well as the 'guarantor' of the said borrower company since long before amendment in 2013, in particular at the time when the said company defaulted in repayment. 16. The question of retros......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

ECOM Agroindustrial Corporation Ltd. & another Vs. Mosharaf Composite Textile Mills Ltd, 2014, 43 CLC (HCD)

....ction 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 proceeding which arrived in the contract by the parties by signing i......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

Elahi Box Sardar (Md.) Vs. Government of Bangladesh repre¬sented by Ministry of Communication and others, 2014, 43 CLC (AD)

....e petitioner herein filed an application before the Administrative Tribunal, Bogra under section 4(2) of the Administrative Tribunal 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 par......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)

....dul Huq J.- Subject matter of the two Revisions: These two Civil Revisions arose from the same judgment and decree dated 3-4-2011 by which the learned Joint District Judge, 2 Court, Naogaon partly allowed Family Appeal No. 65 of 2010 and thereby modified the judgment and decree dated 2-9-2....... 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

Bangladesh Rural Advancement Committee (BRAC), BRAC Centre Vs. The Commissioner of Taxes, 2014, 43 CLC (HCD)

.... and (ii) formulated for determination answered in the negative in favour of the assessee-applicant The question (iii) formulated for determination answered in the affirmative in favour of the department-respondent No answer to question (iv). Cases Referred to- Commissioner of Ta...... 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: ..

Category: Fiscal/Taxation Law | Date: 14 May, 2014 | Hits: 9

State and another Vs. Abdul Kader @ Mobile Kader and others, 2014, 43 CLC (AD)

....ry in nature in which he has inculpated himself in the conspiracy which was chalked out prior to the killing of the victim and in that conspiracy accused Lawrance, Boro Bhai, Shafi, Linkori, Jahangir participated; that the con­fessional statement demonstrates a vivid picture about the conspiracy......that all of them would coop­erate and that Lawrance would perform the task. So, this witness did not disclose the incriminating facts of Thandu member's participation in the conspiracy to the investigation officer and his participation in the discussion for implementation of the killing. So,..

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

Bangladesh Rural Advancement Committee (BRAC) Vs. Commissioner of Taxes, 2014, 43 CLC (HCD)

.... and (ii) formulated for determination answered in the negative in favour of the assessee-applicant The question (iii) formulated for determination answered in the affirmative in favour of the department-respondent No answer to question (iv). Cases Referred to- The Commissioner o......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:     ..

Category: Fiscal/Taxation Law | Date: 14 May, 2014 | Hits: 3

Bangladesh Rural Advancement Committee (BRAC) VS. The Commissioner of Taxes, 2014, 43 CLC (HCD)

....p;……Respondent (In both the applications) Judgment May 12, 2014 Result: The question (vi) formulated for determination answered in the affirmative in favour of the department-respondent and against the assessee-applicant. No answer to other questions. The ...... 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)

....14     Result: The petitions are to be dismissed. Where there are ample facts and circumstance before the Court as pointed out in support of the genuine­ness of this partition deed and where this par­tition deed came before the Court from the cus­tody of the...... 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)

....llip;……Respondent in both the applications Judgment May 12, 2014 Result: The question (i) formulated for determination answered in the affirmative in favour of the department-respondent. The question (ii) formulated for determination answered in the negative 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

State Vs. Faisal Morshed Khan and another, 2014, 43 CLC (AD)

....fiscating of the respondent's property worth Taka 1,66,13,758.43 to the State. 3. These two criminal petitions for leave to appeal involving similar question of law and fact between the same parties have been heard together and are being disposed of by this common judgment. 4. The fact......ul source of income. 6. After lodging of the FIR, the said Commis­sion on 3-12-2007 gave responsibility of investiga­tion to the Assistant Director of the said Commis­sion, who after investigation submitted charge sheet on 15-6-2008 with the Court of Chief Metropolitan Magistrate, D..

Category: Anti-Corruption Laws | Date: 5 May, 2014 | Hits: 8

Md. Abul Bashar Vs. Government of Bangladesh, 2014, 43 CLC (HCD)

....pointment filed Writ Petition No. 2011 of 2008 before the High Court Division and obtained a Rule. The writ petition was heard on 03.03.2010 by a Division Bench of this Division and after hearing the parties their Lordships were pleased to make the Rule absolute with some observation by a judgment a......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: ..

Category: Administrative Law, Constitutional Law | Date: 4 May, 2014 | Hits: 5

Ayub Hossain Khan (Md.) Vs. Bangladesh and others, 2014, 43 CLC (AD)

.... O' Reilly Vs. Mackman, 1983 2 AC 237; Fairmount Investments Ltd. Vs. SOS, 1976 1 WLR 1255;Shareghnessa Vs. US 345 US 206 1953; M. Nabb Vs. United States, 318 US 332 1943; R Vs. Home Secretary ex parte Santillo 1981 QB 778;R Vs. Gaming Board, 1970 20B 417;George Vs. SOS for Environment 1979 77 L......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