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Md. Abul Bashar Vs. Government of Bangladesh, 2014, 43 CLC (HCD)
....al Jurisdiction) Present: M. Moazzam Husain J Md. Badruzzaman J Md. Abul Bashar………………..............Petitioner Vs. Government of Bangladesh, represented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs, Bangla......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......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
....me Court
Appellate Division
(Civil)
Present:
Surendra Kumar Sinha J
Md. Abdul Wahhab Miah J
Hasan Foez Siddique J
AHM Shamsuddin Chowdhury J
Director General, Bangladesh Standards and Testing Institution…………Petitioner
Vs.
......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.
......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)
....sp; Ayub Hossain Khan (Md.)................................Petitioner [In both the cases] Vs. Bangladesh and others (In Civil Petition 1901 of 2011) Human Rights and peac......vironment 1979 77 LGR; Commission of Business Franchises Vs. Borenstein, 1984 VR 375; Ridge Vs. Baldwin, 1964 AC 40; Reg Vs. Home Secretary, Ex-P Mughal, 1974 QB 313; Mallikpur Fishermen Co-operative Society Ltd. Vs. The Secretary, Ministry of Land, 15 BLD (AD) 241; Ministry of Agriculture and Fishe......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......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
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 ......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......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 ..Category: Civil Law, Procedural Law | Date: 30 Apr, 2014 | Hits: 6
Parul Nath and others Vs. State, 2014, 43 CLC (AD)
....ce 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 the High Court Divisio......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. ......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......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. ..Category: Criminal Law, Property Law | Date: 27 Apr, 2014 | Hits: 8
Pubali Bank Limited Vs. Commissioner of Taxes, 2014, 43 CLC (HCD)
....ly affirmed the deduction relating to the provision for bad and doubtful debts and interest thereon as per provision under section 29(1)(xviiiaa) of the Ordinance, which must not exceed the amount of Bangladesh Bank’s classified loan; that the order passed by the Tribunal is lawful and so, the......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: ......llip;…Applicant Vs. The Commissioner of Taxes, Taxes Zone-5, Dhaka……………Respondent Judgment April 27, 2014 Result: The questions formulated for determination answered in the negative in favour of the assessee-applicant. Case......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
Ibrahim Vs. State, 2014, 43 CLC (HCD)
....(55) Case Referred to- State BCR 1987 (AD) 376= 39 DLR (AD) 194; Abdul Hai Sikder Vs. State, 43 DLR (AD) 95; Ataur Rahman Vs. State, 43 DLR (HC) 87; Abdul Quddus Vs. State, 43 DLR (AD) 234; Bangladesh (State) Vs. Paran Chandra Baroi, 1986 BCR (AD) 225; State Vs. Al Hasib Bin Jamal alias Ha......m be set at liberty if not detained in any other case. The Office is directed to send down the records at once. Ed. This Case is also Reported in: 20 BLC (HCD) (2015) 289 ...... nature and also, revolting. The crime is against society and humanity, but the prosecution convicted the accused merely on suspicion that the accused committed such crime. There cannot be conviction for such crime on mere suspicion or presumption. The commission of murder must be proved. The presum......m be set at liberty if not detained in any other case. The Office is directed to send down the records at once. Ed. This Case is also Reported in: 20 BLC (HCD) (2015) 289 ..Category: Evidence Law, Women and Children | Date: 16 Apr, 2014 | Hits: 17
State Vs. Shajahan Bepari and others, 2014, 43 CLC (HCD)
....ars—For the Opposite Parties. Criminal Revision No. 3544 of 1991 Judgment Syed Md. Ziaul Karim J. — By this Rule, the State, represented by the Solicitor, Government of the Bangladesh as petitioner has challenged the legality and propriety of the order dated 20-8-1991 pass......e is directed to dispose of the case within six months from date. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 140 ......of 1983. 2. Facts in brief are that the accused opposite-parties in collusion with each other misappropriated Taka 15,000 from the SB Account of Mr. Jaharlal Shaha taking the chance of forgery and false persuasion. 3. The police after investigation submitted charge-sheet accusing......e is directed to dispose of the case within six months from date. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 140 ..Category: Criminal Law, Procedural Law | Date: 3 Apr, 2014 | Hits: 3
AZM Tajul Islam vs. Government of Bangladesh and others, 2014, 43 CLC (HCD)
....pecial Original Jurisdiction) Present: Quazi Reza-ul-Hoque J ABM Altaff Hussain J AZM Tajul Islam...........................................Petitioner Vs. Government of Bangladesh and others.............Respondents Judgment April 3, 2014 Result: The......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. ......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
....etary, Ministry of Local Government and others.................Respondents
Judgment
March 13, 2014.
Result:
The Rule is made absolute
Constitution of Bangladesh, 1972; Article 102(2)
The nature of order stopping salary, allowances and keeping of......from April 2011, within 2(two) weeks from the date of receipt of this judgment.
Communicate copies of the judgment at once.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 46.
......atisfactory and not detrimental to the interest of the institution concerned mere defect/flaw of his/her academic records, not detected at the entry stage or soon thereafter, should not be the ground for her removal. ........... (15)
Lawyers Involved:
Zahirul Alam Babar, Advocate—For......from April 2011, within 2(two) weeks from the date of receipt of this judgment.
Communicate copies of the judgment at once.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 46.
..
Category: Constitutional Law, Employment/Service Law | Date: 13 Mar, 2014 | Hits: 6
Ekramul Haque Balbul Vs. Md. Faiz and others, 2014, 43 CLC (AD)
....ĻāĻžāĻ˛” [Annexure A and B to the contempt petition]. The judge concerned, Justice Faisal Mahmud Faizee, was appointed as an Additional Judge of the High Court Division of the Supreme Court of Bangladesh on 23-8-2004. His father, Muhammad Faiz, an Advocate of the Appellate Division of the Sup......mpugned judgement and order is set aside. Saber Hossain Chowdhury is exonerated from the charge leveled against him. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 208. ......118 of 2004 making the Rule absolute, finding the contemnors guilty of contempt and sentencing contemnor Nos. 1-4 and 6-7 to pay fine of taka 1,000 each, in default to suffer simple imprisonment for one month. Contemnor No. 5 was sentenced to suffer simple imprisonment for 2 months and to ......mpugned judgement and order is set aside. Saber Hossain Chowdhury is exonerated from the charge leveled against him. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 208. ..Category: Constitutional Law, Contempt of Court Law | Date: 11 Mar, 2014 | Hits: 16
....
High Court Division
(Special Original Jurisdiction)
Present:
Farah Mahbub J
Md. Ejarul Haque Akondo J
Hossain Ali (Md.) and 22 others............Petitioners
Vs.
Bangladesh, represented the Secretary Ministry Education and others........Respondents
Judgment......;
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 204
......s without relaxing the period of experience in the feeder post of Assistant District Education Officers who are similarly situated under the Bangladesh Civil Service Recruitment Rules, 1981 for promotion to the posts of Headmaster/Headmistress of the Government High Schools and Distri......;
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 204
..
Category: Constitutional Law, Employment/Service Law | Date: 9 Mar, 2014 | Hits: 3
State Vs. Arman, 2014, 43 CLC (AD)
....bservations. A Division Bench presided over by Moyeenul Islam Chowdhury, J directed to dispose of the appeal by 20th June, 2013. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 181. ......bservations. A Division Bench presided over by Moyeenul Islam Chowdhury, J directed to dispose of the appeal by 20th June, 2013. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 181. ......volved: Mahbubey Alam, Attorney-General, instructed by Madhu Malati Chy Barua, Advocate-on-Record—For the Petitioner. None Represented—For the Respondent. Criminal Petition for Leave to Appeal No. 243 of 2012. (At this instance of state is against an interim order of ......bservations. A Division Bench presided over by Moyeenul Islam Chowdhury, J directed to dispose of the appeal by 20th June, 2013. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 181. ..Category: Criminal Law, Women and Children | Date: 9 Mar, 2014 | Hits: 4
SM Deen Islam Vs. Government of Bangladesh and others, 2014, 43 CLC (HCD)
.... Government of Bangladesh and others..........Respondents Judgment March, 2014. Result: Both th......issue a fresh order in strict compliance of law, if so desires. There will be no order as to costs. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 34. ......11. On taking oath on 6-5-2011 he entered into the office of the said union parishad. It has been contended that the petitioner had been discharging his duties as Chairman of the said union parishad) for near about 2(two) years and that no complain whatsoever had ever been raised against him dur......issue a fresh order in strict compliance of law, if so desires. There will be no order as to costs. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 34. ..Category: Administrative Law, Constitutional Law | Date: 4 Mar, 2014 | Hits: 5
Hafiz Ahmed Mazumder Vs. Pubali Bank Limited, 2014, 43 CLC (HCD)
...........................Respondents Judgment February 25, 2014 Result: The petition is dismissed. Case Referred To- Md. Mazakat Harun & Ors. Vs. Export Import Bank of Bangladesh Ltd. 32 BLD (AD) (2012) 115. Lawyers Involved: Sheikh Fazle Noor Taposh with Md......me of admission of this petition is hereby vacated. The parties will bear their respective cost. This Case is also Reported in: 66 DLR (HCD) (2014) 234 ......hes located all over Bangladesh it's shares are listed and publicly traded in the Dhaka and Chittagong Stock Exchanges; that the Respondent No. 2 is the Office of the Chief Election Commissioner, for conducting election to the office of the Board of Directors in the 30th AGM of Pubali Bank Limit......me of admission of this petition is hereby vacated. The parties will bear their respective cost. This Case is also Reported in: 66 DLR (HCD) (2014) 234 ..Category: Banking Law, Corporate Law | Date: 25 Feb, 2014 | Hits: 9
Moklesur Rahman (Md.) and another Vs. Government of Bangladesh and others, 2014, CLC (AD)
....el Hossain CJ Md. Abdul Wahhab Miah J Hasan Foez Siddique J AHM Shamsuddin Chowdhury J Moklesur Rahman (Md.) and another....................Petitioners Vs. Government of Bangladesh and others................Respondents Judgment &nb......hereinbefore. The Artha Rin execution case in question (No.560 of 2004) shall stand satisfied accordingly. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 207. ......-9. Hosne Ara Begum, Advocate, instructed by Chowdhury Md. Zahangir, Advocate-on-Record—For Respondent No.4. None represented—For Respondent Nos.1-3 & 5. Civil Petition for Leave to Appeal No. 2125 of 2010. (From the order dated the 18th day of July, 2010 and the ......hereinbefore. The Artha Rin execution case in question (No.560 of 2004) shall stand satisfied accordingly. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 207. ..Category: Others | Date: 24 Feb, 2014 | Hits: 15
....dmitted that he does indeed have the FIR stated Pound Sterling in a Guernsey bank.
9. It has also been stated in the bail petition that he disclosed this fact to the tax authorities in Bangladesh and paid tax on it.
10. His explanation, however, is that after completing his docto......e High Court Division.
The petition for Leave to Appeal is disposed of with the above observations and guidelines.
Ed.
This Case is also Reported in: 66 DLR (AD) (2014) 92.
......p;……………Petitioner
Vs.
Dr. Khandaker Mosharraf Hossain and another.........Respondents
Judgment
February 24, 2014.
Result:
The petition for Leave to Appeal is disposed of.
The Code of Criminal Procedure, 1898 (V of 1898); sect......e High Court Division.
The petition for Leave to Appeal is disposed of with the above observations and guidelines.
Ed.
This Case is also Reported in: 66 DLR (AD) (2014) 92.
..
Category: Anti-Corruption Laws, Criminal Law, Procedural Law | Date: 24 Feb, 2014 | Hits: 52
BOC Bangladesh Ltd Vs. National Board of Revenue and others, 2014, 43 CLC (AD)
....(AD) (2015) 372 ......y the High Court Division is set aside. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 372 ...... impugning the order No.CEVT/CASH (VAT-05/98 dated 30-6-1998 issued by writ-respondent No.2 rejecting the appeal of the writ-petitioner in full and refusing the prices declared by the writ-petitioner for the products manufactured by them by fixing new prices for their products according to......y the High Court Division is set aside. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 372 ..Category: Fiscal/Taxation Law | Date: 19 Feb, 2014 | Hits: 5
Aftab Uddin (Md.) Vs. Chairman, Court of Settlement and another, 2014, 43 CLC (AD)
....o. 561 of 1989 discharging the Rule. 2. The facts of the case, in brief, are that the property, release whereof was sought from the 'Kha' list of the abandoned buildings published in the Bangladesh Gazette (Extraordinary) dated 23 September, 1986 as per provision of section 5(1) (b) of ......manded to the Court of Settlement to deal with it in the light of our discussion above. There will be no order as to costs. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 253. ......om the 'Kha' list of the abandoned buildings published in the Bangladesh Gazette (Extraordinary) dated 23 September, 1986 as per provision of section 5(1) (b) of the Ordinance, was leased out for Taka 600 by the then Government of East Pakistan on 10-2-1956 to one Kulsum Bibi wife of Abdur R......manded to the Court of Settlement to deal with it in the light of our discussion above. There will be no order as to costs. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 253. ..Category: Abandoned Properties Law | Date: 19 Feb, 2014 | Hits: 21
....p;…….
4) Notwithstanding anything contained in this section, no allowance shall be made on account of-
a) any interest chargeable under this Oridnance which is payable outside Bangladesh on which tax has not been paid and from which tax has not been deducted at source under s......ĻāĻžāĻ°āĻĒāĻ¤āĻŋ āĻŽā§āĻ āĻāĻŽāĻĻāĻžāĻĻā§āĻ˛ āĻšāĻ āĻāĻāĻžāĻĻ.- āĻāĻŽāĻŋ āĻāĻāĻŽāĻ¤ āĻšāĻāĻ˛āĻžāĻŽāĨ¤
This Case is also Reported in:
......āĻ°āĻļā§āĻ¨ āĻāĻ¤ā§āĻĨāĻžāĻĒāĻ¨ āĻāĻ°āĻž āĻšāĻā§āĻžāĻā§ āĻ¯āĻžāĻšāĻž āĻ¨āĻŋāĻŽā§āĻ¨āĻ°ā§āĻĒ;
(I) whether the Taxes Appellate Tribunal, Chittagong Bench, chittagong is legally justified for whimsically partly confirming the first appeal order passed by the Appellate Additional Commissi......ĻāĻžāĻ°āĻĒāĻ¤āĻŋ āĻŽā§āĻ āĻāĻŽāĻĻāĻžāĻĻā§āĻ˛ āĻšāĻ āĻāĻāĻžāĻĻ.- āĻāĻŽāĻŋ āĻāĻāĻŽāĻ¤ āĻšāĻāĻ˛āĻžāĻŽāĨ¤
This Case is also Reported in:
..
Category: Fiscal/Taxation Law | Date: 17 Feb, 2014 | Hits: 7
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