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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           ...... disposal of the criminal case pending against him on the same issue. Ed. This Case is also Reported in: 66 DLR (AD) (2013) 251           ......m service stat­ing, inter-alia, that he was appointed as Food Inspector under Ministry of Food and joined in the, office of the Controller of Food, Dinajpur on 24-11-1977. While he was serving as Officer-in-Charge of Fakirgonj Food Godowan (LSD) he was put under suspension on the allegation of m..

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

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

....and that he had been cultivating the suit land for the last two years. DW 3 was examined on behalf of defendant Nos. 37-41 (Government). The name of this witness is Tarun Kumar Dutta. He is an Office Assistant in Sharonkhula Police Station VP Office, and he deposed that the suit land has been record...... 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   ...... Court of Munsif, Bagerhat for permanent injunction and obtained decree on 20-12-1980. Against the said j udgment and decree the Additional Deputy Commissioner (Revenue), Bagerhat and Upazila Nirbahi Officer, Sharankhola brought Title Suit No. 33 of 1985 for setting aside the said decree and that su..

Category: Limitation Law, Property Law | Date: 5 Jun, 2014 | Hits: 11

I.M. Reazul Hasan Vs. Commissioner of Taxes Vs. The Commissioner of Taxes, Taxes Zone-1, Dhaka, 2014, 43 CLC (HCD)

....ore, in the facts and circumstances of the case the questions raised in the reference application are liable to be decided in favour of the assessee. 10. In reply, Ms. Mahfuza Begum, the learned Assistant Attorney General takes us through the provision of section 19(11) of the Ordinance as was ......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:   ......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:   ..

Category: Fiscal/Taxation Law | Date: 4 Jun, 2014 | Hits: 5

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

....hereby affirming the judgment and order dated 24-6-1997 passed by the learned District Judge, Pirojpur in Miscellaneous Appeal No.5 of 1997 reversing those dated 4-2-1997 passed by the learned Senior Assistant Judge, Pirojpur in Miscellaneous Case No.40 of 1994 disallowing the same. 2. The pree......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.           ......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)

....o been reflected in serial No.14 of the list given in the Delegation of Financial Power, 1983. Since, at the relevant time, there was no provision to give direct appointment in the post of senior Sub-Assistant Engineer and there was no approval of the Ministry of Finance, the offer letter issued on ......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.   ......-1315 absorbing him in the direct post of SSAE with effect from 31-5-1986 and accordingly, issued a letter. While the peti­tioner had been working as such, opposite party No.3, Audit and Accounts Officer, Railpath Audit Adhidaptar (Divisional Office), Syedpur gave a letter to the Manager/Diesel ..

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     ...... 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     ......ibunal. 5. We have gone through the decision of the Tribunal and other materials on record. It appears that the respondents brought charges of misconduct and corruption against Mr.Haque. Inquiry Officer holding inquiry submitted report wherefrom it transpires that the local Bar Association took..

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 ....... 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 ...... Laboratory (the DNA Laboratory) of the Dhaka Medical College (DMC) was directed to conduct the DNA test. The DNA Laboratory sent its report dated 27-3-2014. 22. Ms. Tania Hossen, the Scientific Officer of the DNA Laboratory was summoned by this Court. She deposed as Court Witness No.1 and prov..

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)

....e application are liable to be decided in favour of the assessee-applicant. 8. In reply, S. Rashed Jahangir, the learned Deputy Attorney General (DAG) appearing with Ms. Nurun Nahar, the learned Assistant Attorney General, with the leave of the Court, takes us through the affidavit-in-reply and...... 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: ...... 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)

.... 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. ...... 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. ......tnesses, P.Ws.2 and 4 claimed to be present when the conspiracy was hatched up, but these two witnesses could not at all be believed for the simple reason that they were examined by the Investigation Officer on 30-1-2003, i.e. long after 1(one) year and 3(three) months from the date of occurrence; P..

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

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

....plication are liable to be decided in favour of the assessee-applicant. 8. In reply, Mr. S. Rashed Jahangir, the learned Deputy Attorney General (DAG) appearing with Ms. Nurun Nahar, the learned Assistant Attorney General, with the leave of the Court, takes us through the affidavit-in-reply and......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:     ......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

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

....hereby affirming the judgment and order dated 24-6-1997 passed by the learned District Judge, Pirojpur in Miscellaneous Appeal No.5 of 1997 reversing those dated 4-2-1997 passed by the learned Senior Assistant Judge, Pirojpur in Miscellaneous Case No.40 of 1994 disallowing the same. 2. The pree......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.     ......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

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

....sh Rural Advancement Committee, reported in 51 DLR, 152. In reply, S. Rashed Jahangir, the learned Deputy Attorney General (DAG) appearing with Ms. Mahfuza Begum and Ms. Nurun Nahar, the learned Assistant Attorney Generals, advances the following arguments before us:- 1. in the assessment ...... 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: ...... 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

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

....ral Advancement Committee, reported in 51 DLR, 152. In reply, Mr. S. Rashed Jahangir, the learned Deputy Attorney General (DAG) appearing with Ms. Mahfuza Begum and Ms. Nurun Nahar, the learned Assistant Attorney Generals, advances the following arguments before us:- 1. in the assessment ......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:   ......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

Abdul Hamid (Ujir) Vs. State and others, 2014, 43 CLC (HCD)

....o secure ends to justice the continuation of the proceeding is liable to be quashed. 8. We heard the learned Advocate for the petitioner at length. 9. Mr Md Shahidul Islam Khan, the learned Assistant Attorney-General appears on behalf of the State and opposed the rule. 10. We have scr...... Nirjatan Damon Tribunal, Habigonj is hereby quashed. Send a copy of this judgment to the con­cerned Court immediately. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 154 ...... Nirjatan Damon Tribunal, Habigonj is hereby quashed. Send a copy of this judgment to the con­cerned Court immediately. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 154 ..

Category: Criminal Law, Women and Children | Date: 8 May, 2014 | Hits: 5

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

....ements of wealth of his wife and other family members to the said Commission on 10-7-2007 through his representa­tive. 5. After submission of his statement of assets, one Md. Talebur Rahman, Assistant Director of the said Commission, lodged an First Information Report (FIR) with the Gulshan......ccordingly, both the criminal petitions for leave to appeal are dismissed with the observation made in the body of the judgment. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 236. ...... our attention that relying upon the case of Mohiuddin Khan Alamgir Vs. Anti-Corruption (2010) 15 BLC 107 at para 97, the High Court Division came to a finding that the assessment of valuation by PWD Officers did not have any evidentiary value and that the petitioner would be seri­ously prejudic..

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

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

.... Writ Petition No. 1168 of 2013 Judgment M. Moazzam Husain J.- This Rule was issued calling upon the respondents to show cause as to why the letter dated 05.12.2012 issued by the Senior Assistant Secretary, Bichar Shakha-7 (Respondent No.2) creating a new jurisdiction of Nikah Registra......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: ......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

Director General, Bangladesh Standards and Testing Institution Vs. Matiur Rahman and others, 2014, 43 CLC (AD)

.... to show cause as to why a direction should not be given upon them to consider the case of his promo­tion in the post of Deputy Director (Textile), Physical Testing Wing, from the present post of Assistant Director (Textile), Physical Testing Wing, according to the common seniority list publishe......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. ......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)

....istry of Culture and there is no record with the said Ministry or the Ministry of Land to prove that the property is that of Shuchitra Sen's patri­arch and that inquiry with the office of the Assistant Commissioner (Land) Pabna, revealed otherwise. It cannot be a public interest litigation a......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.   ...... of the Fishery Directorate. The lessee appellant contended that he did execute the develop­ment work as per approved plan and pro­duced a certificate to this effect from the District Fishery Officer. But the Additional Deputy commissioner obtained a report from the Thana Revenue Officer sho..

Category: Civil Law, Property Law | Date: 4 May, 2014 | Hits: 20

Parul Nath and others Vs. State, 2014, 43 CLC (AD)

....urt Division in Criminal Miscellaneous Case No.4296 of 2006 and by this Court in Criminal Appeal No.43 of 2009 stand Accordingly. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 77. ......urt Division in Criminal Miscellaneous Case No.4296 of 2006 and by this Court in Criminal Appeal No.43 of 2009 stand Accordingly. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 77. ......ithin 1(one) month. The Tribunal also directed the con­cerned Jimmader to return the seized articles given in his jimma to accused-Ram Krishna Nath. The Tribunal sent the copy of the order to the Officer-in-charge, Kotwali Police Station, Chittagong Metropolitan Police and the Manager, Banglades..

Category: Criminal Law, Property Law | Date: 27 Apr, 2014 | Hits: 8

Pubali Bank Limited Vs. Commissioner of Taxes, 2014, 43 CLC (HCD)

....ted 9th October, 2013 passed by this Division in Income Tax Reference Application No. 112 of 2006 (Pubali Bank Limited Vs. the Commissioner of Taxes). 9. In reply, Ms. Mahfuza Begum, the learned Assistant Attorney General appearing for the respondent-department with Ms. Nurun Nahar, the learned......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:   ......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: 27 Apr, 2014 | Hits: 6