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Golam Sarwar Vs. Commissioner of Taxes, 2013, 42 CLC (HCD)
....so, the assessment orders are unlawful; (v) the assessee was not given any opportunity for rebuttal of the report of the Inspector of Taxes and, as such, there has been violation of natural justice in considering the Inspector's report at the time of making assessments; (vi) In vi......ke necessary steps under section 161(2) of the Income Tax Ordinance, 1984. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 350; 2 CLR (HCD) (2014) 301; 23 Karadalat (HCD) (2014) 15 ..Category: Fiscal/Taxation Law | Date: 14 Nov, 2013 | Hits: 4
AKM Mosharraf Hossain Vs. State & another, 2013, 41 CLC (HCD)
....er appears that the convict-appellant is an age old freedom fighter who has been suffering from old age complicities. 78. Having considered this fact, I would like to hold that the ends of justice would be met if it is ordered to award sentence, already under gone by him. I find no impedi...... thereby abused his power and illegally obtained pecuniary advantage. Hence, the case. 4. The informant himself investigated the case who in course of his investigation, seized the relevant documents and also recorded 161 statements of the witnesses. On completion of the investigation..Category: Anti-Corruption Laws, Criminal Law | Date: 10 Oct, 2013 | Hits: 3
....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.
......ion filed by the bank and reading out the same, Mr. F. Rabbi submits that from the face of the annexures and the language as used in the quotation, it is abundantly clear that all the papers and documents submitted by the bank have been fraudulently created and in fact no auction on the date fi..
Category: Others, Procedural Law | Date: 8 Oct, 2013 | Hits: 8
Moulana Abdul Hakim (Md.) Vs. Government of Bangladesh and others, 2013, 42 CLC (HCD)
....iry into certain allegations but are not further accompanied by any information or substantiating documents of duly instituted and continued process of determination based on the principle of natural justice or indeed due subscription to the provisions of the ordinance and the Rules in allowing that......evident that the impugned order presupposes a decision of the Committee concerning the dismissal of the petitioner and predicated on which the impugned order appears to have been issued. No documents on record are, however, found attesting to such a decision being made by such Committ..Category: Administrative Law, Constitutional Law | Date: 3 Oct, 2013 | Hits: 2
Satsang Bangladesh, D. Pakutia Vs. People’s Republic of Bangladesh and others, 2013, 42 CLC (HCD)
....ry injunction is liable to be rejected. There is no misreading or non-reading of evidence and non-consideration of material fact resulting in an error in the decision occasioning failure of justice by which the order of the appellate Court can be interfered with. 9. Heard the lea......including all other connected papers. 10. On perusal of the papers along with the certified copies of the original plaint, temporary-injunction application, written objection & relevant documents, it transpires that the present-petitioner being plaintiff, instituted the original s..Category: Civil Law, Procedural Law | Date: 26 Sep, 2013 | Hits: 3
State Vs. Mostafizur Rahman and another, 2013, 42 CLC (AD)
....and findings given by Mohammad Anwarul Haque, J. Court's Order The appeal is dismissed by majority decisions. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 218. ......and findings given by Mohammad Anwarul Haque, J. Court's Order The appeal is dismissed by majority decisions. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 218. ..Category: Criminal Law, Women and Children | Date: 18 Sep, 2013 | Hits: 7
Government of Bangladesh Vs. Md. Abdul Maleque Miah and 7 anothers, 2013, 42 CLC (AD)
....lic Service Commission as required under Article 140(2) (c) he was compelled to challenge the aforesaid impugned orders before the Court. Being superseded illegally again and failing to get justice from the Government he had no other alternative than to take shelter of the judiciary by fil......allowed and the impugned judgment and order is set aside with the observations made in the body of the judgment. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 167 ..Category: Administrative Law, Constitutional Law | Date: 17 Sep, 2013 | Hits: 3
ATM Nazimullah Chow¬dhury Vs. State & another, 2013, 42 CLC (HCD)
....cial Case before the learned trial Judge and this is why, he failed to surrender before the learned trial Judge during the pendency of the case and this being the state of affairs, in the interest of justice, an opportunity may be afforded to the appellant to place his version by remanding the case ......about 10:30 AM, the Deputy Director of the ACC Abdullah-al-Zahid came to his office to inquire into the allegations levelled against the Ambassador ATM Nazimullah Chowdhury and wanted some papers and documents from him (P.W. 7) in that regard and as per the requisition of Abdullah-al-Zahid, the file..Category: Criminal Law, Procedural Law | Date: 1 Aug, 2013 | Hits: 5
....constitution of BJI merely states in Clause 3 that legal sovereignty lies with God. Legal sovereignty of God is recognition of an All-Powerful, All-Knowing God and the ultimate authority of God to do justice. This is not inconsistent with the political sovereignty of the people. The Constitution of ......egistered as a political party and some of the petitioners, individually and collectively and through their respective organizations appeared before the EC and made representations, some with written documents with cogent grounds as to why BJI is ineligible for registration as a political party lega..
Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 10
....otection of basic human rights and fundamental freedom of backward and underprivileged section of the people violated by the state or its instrumentalities. Superior Courts, in their anxiety to reach justice to the backward and the underprivileged section of citizens allowed, in fit circumstances, p...... that the writ petition was filed in 2009 on the basis of an outdated constitution of BJI published in November, 2009. The BJI-constitution has undergone four amendments thereafter. It is an evolving document and the current constitution of BJI was published in January, 2011. The petitioners are bus..
Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 11
Zahir Fakir (Md.) and oth¬ers Vs. Hahma Khatun and others, 2013, 42 CLC (HCD)
.... an opportunity to the erring party to fill up the lacuna in pleadings and evidence on this count also the impugned judgment and decree of the Appellate Court suffers from serious miscarriage of justice which has resulted an error in the decision occasioning failure of justice. More so, by the ......ance and confidence on defendant No.1 and under the dictates of defendant No.1 she put her signature on some papers. Taking advantage of such reliance and confidence, defendant No.1 created some documents with the signature of plaintiff No.1. The plaintiffs were taken by surprise when the ..Category: Property Law | Date: 25 Jul, 2013 | Hits: 6
Chow Wen Chang and others Vs. SF Winsome Fashion Ltd. and others, 2013, 42 CLC (HCD)
....e to secure unlawful gain to petitioner No. 1. Fraud vitiates everything. Besides, in such a case, the corporate veil is to be lifted to find out the real culprits and to undo the misdeed for ends of justice, in order to obviate harassment by dragging the company to multiplicity of proceedings, part.......851 dated 17-5-2010 and Sale Deed No.7852 dated 17-5-2010 respectively; That after the incorporation, the respondent No.1company was managed by the respondent No.3 as its Managing Director. All documents and register book were in the possession of the respondent No.3. At the end of 2010, when ..Category: Company Law | Date: 24 Jul, 2013 | Hits: 10
....e benefits to the petitioners counting their service period in the development project.
There will be no order as to costs.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 157
......e benefits to the petitioners counting their service period in the development project.
There will be no order as to costs.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 157
..
Category: Administrative Law, Employment/Service Law | Date: 8 Jul, 2013 | Hits: 3
Afazuddin Fakir (Md.) Vs. MH Rahman and others, 2013, 42 CLC (HCD)
....also filed a supplementary affidavit in Court stating additional grounds. He also submitted that the Court below committed an error of law resulting in an error in the decision occasioning failure of justice in not considering that the pre-emption case does not come within the purview of the plaint ......d with the Miscellaneous Case in accordance with law. Send down the lower Court records with copy of this judgment at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 581 ..Category: Property Law | Date: 17 Jun, 2013 | Hits: 4
Wadud Mollah (Md.) Vs. Md. Nayem and Another, 2013, 42 CLC (AD)
....to enlarge him on bail when it is non-bailable offences. Court can exercise its discretionary power upon proper application of judicial mind and this exercise should not be arbitrary lest the ends of justice may be defeated. Police have statutory right to arrest any person who appears to t......h the above observations. Let a copy of this judgment be communicated to the learned Judges of the High Court Division. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 93. ..Category: Criminal Law | Date: 17 Jun, 2013 | Hits: 3
Golam Rasul Belal Vs. Habibullah Shakir and another, 2013, 42 CLC (AD)
.... will be proved by the witnesses at the time of trial and, as such, quashing the proceeding by the High Court Division has caused serious prejudice to the complainant-appellant occasioning failure of justice. He then submits that the complainant-appellant filed the instant complaint case under ......ties not by the High Court Division in exercising its jurisdiction under section 561A of the Code of Criminal Procedure…………… (15) Service of a document by post shall be deemed to be effected at the time at which the document would be delivered..Category: Criminal Law | Date: 11 Jun, 2013 | Hits: 10
Bimol Rosario Vs. Barbara Rosario and others, 2013, 42 CLC (HCD)
....circumstance of the case and law bearing on the subject most illegally disbelieved the execution of the registered deed of gift dated 30-6-2004 (Exhibit A) and the same has occasioned failure of justice. He next upon placing Exhibit B, hand writing expert's opinion submits that DW-2, hand w...... as prayed for or any other reliefs? 5. At the trial plaintiff side examined as many as 3 witnesses and the defendant side examined 2 witnesses and both the parties also exhibited some documents including gift deed No.2453 dated 30-6-2004 and hand writing expert's opinion. ..Category: Civil Law, Evidence Law | Date: 22 May, 2013 | Hits: 3
Nazrul Islam (Md.) & others Vs. Mahfuzur Rahman and others, 2013, 42 CLC (HCD)
....to from when the defendants were inducted into possession of the suit land is the subject matter of the amendment, so if the suit is remanded back that will serve the purpose of the ends of justice. Since I have taken the decision to sent the suit back on remand upon setting aside the...... is liable to be dismissed with cost. 11. Upon the above pleadings, the trial Court framed as many as 6 issues to dispose of the suit whereupon the plaintiffs examined 6 witnesses and filed some documentary evidences which has been marked as exhibits-1 to 6 and the contesting defendants examine..Category: Property Law | Date: 21 May, 2013 | Hits: 6
Moon Construction Company Limited Vs. Government of Bangladesh & others, 2013, 42 CLC (HCD)
....y the said retention money of the petitioner without assigning any reason. Having failed to get back the said retention money from the respondents on 18-3-2011, the petitioner sent a notice demanding justice to the respondent No. 2 through his lawyer, praying for said retention/security for the pack......echnology of Khulna under the package No. W-092-N-CMMU-and W-093-CMMU, (in brief "the packages") and obtained work order for the same on 26-6-2006. 3. Accordingly, necessary papers and documents were handed over to the petitioner by the respondent Nos. 7 and 8 and other concerned auth..Category: Constitutional Law | Date: 16 May, 2013 | Hits: 4
ABSCO Limited Vs. Artha Rin Adalat No.2, Dhaka & another, 2013, 42 CLC (HCD)
....tained in section 10 of the Ain are merely directory the court ought to have allowed the petitioners further time to file written statements and withdraw the case from ex-parte list to secure ands of justice and that in not doing so the court acted mala fide and intentionally narrowed its juris......charged without any orders as to costs.' Communicate the judgment to the court concerned at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 9. ..Category: Corporate Law, Others | Date: 15 May, 2013 | Hits: 8
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