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BOC Bangladesh Ltd Vs. National Board of Revenue and others, 2014, 43 CLC (AD)
....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 ......arned Deputy Attorney General, it is pertinent to go through the grounds, on which, leave was granted on the following grounds: "(I) The High Court Division acted illegally in not holding that the impugned Order No. CEVT/CASE (VAT) 5/98 dated 30-6-1998 passed by respondent No.2 a..Category: Fiscal/Taxation Law | Date: 19 Feb, 2014 | Hits: 5
Aftab Uddin (Md.) Vs. Chairman, Court of Settlement and another, 2014, 43 CLC (AD)
....ce they have been produced from the proper custody of the applicant, who is a subsequent purchaser for value. 10. The learned Advocate further submitted that the appellant has been living in the disputed property since his purchase in the year 1977 and his name has been duly mutated by the prop......of the High Court Division a petition for leave to appeal was filed by the appellant and leave was granted to consider the following grounds: I "Whether the High Court Division was wrong in holding that the High Court Division is not competent in law to disturb the finding of the Court of ..Category: Abandoned Properties Law | Date: 19 Feb, 2014 | Hits: 21
S.N. Kabir Vs. Fatema Begum and others, 2014, 43 CLC (AD)
...., we do not find any substance in these civil petitions for leave to appeal. Accordingly, both the petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 193. ......h a view to maximizing production and ensuring a better relationship between land owners and bargaders and the provisions of the entire Ordinance are relating to agricultural and cultivable land holding and transfers and not relating to urban land, and the provisions of section 5 of the sa..Category: Property Law | Date: 16 Feb, 2014 | Hits: 19
Delipjan being dead her heirs: Fazal Haque and other Vs. Shahed Badsha and others, 2014, 43 CLC (AD)
....intiffs-respondents contended that the suit land fell in the saham of the predecessor-in-interest of the plaintiffs-respondents according to the saham prepared by the Advocate Commissioner. It is not disputed that Nizamuddin, the predecessor-in-interest of the defendants-appellants was defendant No.......s allowed and the impugned judgment delivered by the High Court Division is set-aside without any order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 176. ..Category: Civil Law | Date: 11 Feb, 2014 | Hits: 5
Pannu @ Md. Pannu Mia & others Vs. State, 2014, 43 CLC (HCD)
....ed. The order of stay granted earlier stands vacated. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 18. ...... J. - By this Rule the accused-petitioners have challenged the legality and propriety of the order dated 15-5-2000 passed by learned Additional District Magistrate, Gazipur allowing an application of holding further investigation in Joydebpur Police Station Case No. 34(12)98, corresponding to G..Category: Criminal Law | Date: 3 Feb, 2014 | Hits: 2
....peal No. 48 of 2012 is allowed so far as it relates to respondent No. 9 Md. Saiful Alam Khondker and dismissed against the rests.
Ed.
This Case is also Reported in: 67 DLR (AD) (2015) 257
......চ্ছা/১ক-১/২০০২/২০০৩/৩৬১ dated 20-10-2002 purportedly terminating 135 employee including writ petitioners. The High Court Division made the said rule absolute holding that identical matter had been disposed of by a judgment and order dated 27-5-2008 by this D..
Category: Administrative Law, Employment/Service Law | Date: 2 Feb, 2014 | Hits: 9
Shafique Ahmed Vs. Md. Abdul Latif Bhuiyan, 2014, 43 CLC (HCD)
.... judgment and in accordance with law. Let the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 248. ......ant-petitioner in the 4 Court of Senior Assistant Judge, Narayanganj for ejectment of the defendant-petitioner from the suit premises. On 30-9-2010, the learned Trial Judge, however, decreed the suit holding, inter alia, that the defendant-petitioner is a monthly ejectable bharatia. On appeal, the l..Category: Civil Law, Others | Date: 30 Jan, 2014 | Hits: 4
Lakshmi Bala Sen and others Vs. Tarun Tapan Dutta @ Tapan Kumar Dutta and others, 2014, 43 CLC (AD)
....ted Mortgage Suit No.68 of 1978 in the Third Court of Subordinate Judge, Chittagong for redemption of 1.25 acres of lands described in schedules 1 and 2 to the plaint. His case, in short, is that the disputed property described in the schedule to the plaint belonged to late Prasanna Kumar Dutta, fat...... which are as under: "The learned Judge of the High Court Division having misconstrued and misinterpreted the sale deed exhibit-1 dated 25-11-1962 and thereby committed error of law in holding that the said exhibit-1 constitute a deed of mortgage and not a deed of out and out in view ..Category: Tenancy Law | Date: 30 Jan, 2014 | Hits: 15
Abdul Hakim (Md.) Vs. Md. Nazrul Islam and others, 2014, 43 CLC (AD)
....er appreciation of law and 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) 157. ......ellip;….Respondents Judgment January 20, 2014. Result: The petition for leave to appeal is dismissed. A pre-emptor must not only have a subsisting interest in the holding when he files an application for pre-emption but must continue to hold the self-same interes..Category: Property Law | Date: 20 Jan, 2014 | Hits: 44
Ali Garments Limited Vs. Commissioner of Taxes, 2014, 43 CLC (AD)
....he High Court Division, accordingly, the appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 243. ......1831 of 1995-96 before the Taxes Appellate Tribunal. The Tribunal directed the revenue authority to accept the sale as disclosed by them and also reduced the rate of gross profit to 20% from 25% holding that the decision was taken by the appellate authority on comparison of records with paralle..Category: Fiscal/Taxation Law | Date: 5 Jan, 2014 | Hits: 11
Abdul Quader Mollah Vs. Chief Prosecutor, International Crimes, Tribunal, Dhaka, 2013, 42 CLC (AD)
.... For the reason stated above, we find no merit in these review petitions. The petitions are accordingly dismissed on merit. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 289. ......iew petitions summarily observing that petitions for review from judgment passed in writ jurisdiction were not maintainable. This Division was of the view that the High Court Division was in error in holding the above view, inasmuch as, the Court is competent to exercise its discretion in a case whe..Category: International Crimes Tribunal Law | Date: 12 Dec, 2013 | Hits: 15
Sheikh Md. Rafiqul Islam (Babul) Vs. Manager, Uttara Bank Limited and others, 2013, 42 CLC (HCD)
....s set-aside. The trial Court is directed to proceed with the suit immediately in accordance with law. Communicate at once. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 131. ......e No.41 of 2001 for realization of Taka 2, 42, 81,224.86 against the borrower which was decreed on 22-9-2004 and filed Artha Jari Case No. 502 of 2004. Mr. Sharif Uddin Ahmed, the respondent No.3 was holding the rank and status of the Joint District Judge till 10-11-2007 and was allocated the judici..Category: Administrative Law, Banking Law | Date: 20 Nov, 2013 | Hits: 6
....y;ever, without any order as to costs. BLA Case No. 1534 of 2011 pending before the First Labour Court, Dhaka is hereby quashed.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 313
......the aforesaid BLA case on the same day first party-respondent also prayed for interim order purportedly under section 216(1) (chha) of the Act, 2006 restraining the second party-petitioners from holding such election to be held on 15-10-2011.
4. By order dated 11-10-2011 the Chairman of th..
Category: Labour and Industrial Law | Date: 18 Nov, 2013 | Hits: 5
Golam Sarwar Vs. Commissioner of Taxes, 2013, 42 CLC (HCD)
....ssment orders, it is evident that Alhaj Golam Mowla had died leaving other heirs also and so, this ground may be considered in an income tax reference application, as it is an admitted fact and not a disputed question of fact; (iv) Notices were not served upon the assessee in accordance wi......, as such, there has been violation of natural justice in considering the Inspector's report at the time of making assessments; (vi) In view of the above, the Tribunal was not justified in upholding the order of the AJCT affirming the assessment orders. So, the questions posed in these refe..Category: Fiscal/Taxation Law | Date: 14 Nov, 2013 | Hits: 4
AKM Mosharraf Hossain Vs. State & another, 2013, 41 CLC (HCD)
....realise the fine in accordance with law. Let a copy of this judgment along with LCR be sent to the concerned Court at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 564 ...... 5. Subsequently, the case record was sent to the learned Senior Special Judge, Dhaka who took cognizance of the offence and transferred the case to the Court of Divisional Special Judge, Dhaka for holding trial who on receipt the same, framed a formal charge against the accused-person which was d..Category: Anti-Corruption Laws, Criminal Law | Date: 10 Oct, 2013 | Hits: 3
Ali Amjad Khan (Md.) Vs. Md. Habibullah Dawn & others, 2013, 42 CLC (AD)
....of Civil Procedure and that the High Court Division without taking into consideration this provision of the law erroneously held that leave-respondent No.1 is entitled to recover of possession of the disputed property. They further submit that defendant Nos.1 and 3 filed a joint written statement in......iation of law and 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) 28. ..Category: Civil Law | Date: 10 Oct, 2013 | Hits: 33
SM Redwan Vs. Md. Rezaul Islam and others, 2013, 42 CLC (AD)
....he High Court Division are hereby set-aside. The concerned Courts are directed to proceed with the cases in accordance with law. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 169. ......dit of that account was insufficient to honour of the cheque as envisaged in section 138 of the Act. Of course this is a rebuttable presumption. The defence can be considered at the time of holding trial and not in an application under section 561 A of the Code.......(22) Cases Referr..Category: Criminal Law, Others | Date: 9 Oct, 2013 | Hits: 12
....costs. The order of stay granted earlier is vacated.
Communicate a copy of the judgment to the bank concerned at once.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 50.
......ather kept the matter concealed from the petitioner. Besides, to determine the market price of the property at that time no information was obtained from the local sub-registration office before holding the auction.
The bank in selling the properties of the borrower placed to the bank as s..
Category: Others, Procedural Law | Date: 8 Oct, 2013 | Hits: 8
Moulana Abdul Hakim (Md.) Vs. Government of Bangladesh and others, 2013, 42 CLC (HCD)
....Regulations") and the resultant statutory prescription of the Managing Committee's authority to be exercised under the constant and active oversight of the committee and the board. It is not disputed by either party that both the committee and the board exercise and discharge statutory auth......ed of with the directions above. 43. There is no order as to costs. Communicate this judgment and order forthwith. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 83 ..Category: Administrative Law, Constitutional Law | Date: 3 Oct, 2013 | Hits: 2
AA Engineering Limited Vs. University of Khulna, 2013, 42 CLC (AD)
....thout deducting therefrom any amount on account of VAT. Khulna University is under the obligation to pay VAT in the instant case. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 19. ......x, super tax" must be read by applying the principle of ejusdam generis to mean a direct tax of the kind similar to income tax and super tax and the High Court Division committed error of law in holding otherwise. 7. Mr. Shamim Khaled, learned Advocate, appearing on behalf of respondent No..Category: Fiscal/Taxation Law | Date: 3 Oct, 2013 | Hits: 28
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