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Tapan Kumar Mondal Vs. Bangladesh and others, 2014, 43 CLC (HCD)
....failure to comply should not be declared to be without lawful authority and of no legal effect and/or why such other or further order or orders should not be passed as top this court may seem fit and proper. 2. The relevant facts for disposal of the Rule ,inter alia, are that the petitioner mad......sp; Bangladesh and others…………………………..Responde......3) under Memo No.প্রাশিঅ/০১/নিয়োগ/প্রশিনি/২০১২/১৪ and why their failure to comply should not be declared to be without lawful authority and of no legal effect and/or why such other or further order or orders should not be passed as top this court..Category: Employment/Service Law | Date: 23 Jul, 2014 | Hits: 36
Union Capital Limited Vs. Commissioner of Taxes, 2014, 43 CLC (HCD)
....d in negative and in favour of the Assessee-applicant. However, there shall be no order as to cost. Md. Emdadul Haque Azad J.— I agree. Ed. This Case is also Reported in: ......llip;.....Respondent Judgment July 21, 2014 Result: The Income Tax Reference Application is allowed.The question formulated for determination is answered in the negative and in favour of assessee. Questions formulated for determination: Whether, in the f...... a bad debt of a financial institution, could be treated as accrued to it is a question to be decided by this court in this matter. A bad debt becomes irrecoverable, so long it is recovered by way of legal process and therefore a debt when becomes irrecoverable at any point of time, any deemed inter..Category: Fiscal/Taxation Law | Date: 21 Jul, 2014 | Hits: 3
Md. Jafar Ullah Vs. Bangladesh, 2014, 43 CLC (HCD)
.... given is hereby vacated. Communicate copies of this judgment to the respondents at once. Md. Badruzzaman J.- I agree. Ed.66 This Case is also Reported in: DLR (2014) (HCD) 380 ......zaman J Md. Jafar Ullah...................Petitioner Vs. The People’s Republic of Bangladesh represented by the Secretary, Ministry of Home Affairs, Bangladesh Secretariat, Dhaka and others................Respondents Judgment June 18, 2014. Result: The Rule i...... or interfere with his business. But he could not conduct the lawful business as the local police were frequently interfering with his business. Interference into a lawful business of any person is illegal. Therefore, the respondents need be directed not to interfere with the petitioner’s lawf..Category: Others | Date: 28 Jun, 2014 | Hits: 91
....r points to his guilt.
21. In view of the elaborate discussion of the High Court Division on all the relevant matters involved in the case we are of the opinion that the High Court Division upon proper consideration of the evidence and materials on record rejected the reference and dismissed th......ecially within the knowledge of any person the burden of proving that fact is upon him. This principle has been applied in many cases where the wife has been found killed in the house of the husband where they reside together. In such circumstance, the husband will have to prove by positive evi......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.
..
Category: Women and Children | Date: 20 Jun, 2014 | Hits: 15
Motiur Rahman and others Vs. Siddika Begum and Others, 2014, 43 CLC (HCD)
....or disposal of the rule are that the opposite party No. 2 as plaintiff filed Partition Suit No. 103 of 1988 in the court of learned Subordinate Judge, Kishoregonj on 15-6-1988 for partition of ejmali properties described in schedule 1-6 of the plaint which was later on transferred to the Court of le......: 68 DLR (HCD) (2016) 179 ......rayer for temporary injunction, the appellate court committed an error of law in the decision occasioning failure of justice. 14. It is further stated that the learned District Judge committed illegality in granting the temporary injunction in olding that it is not proved that the defendant No...Category: Procedural Law | Date: 16 Jun, 2014 | Hits: 0
State Vs. Md. Sajjad Ali, 2014, 43 CLC (HCD)
....stigating officer. 60. Now, let us turn to the confession of the accused. We have earlier stated that the accused made statement under section 164 of the Code of Criminal Procedure. 61. For proper appreciation, let us quote the confessional statement given by the accused Md. Sajjad Ali whi...... Md. Sajjad Ali...........................Condemned Prisoner Judgment June 16, 2014. Result: The Death Reference No.133 of 2008 rejected. Criminal Appeal No. 8657 of 2008 and the Jail Appeal No.30 of 2009 are allowed. Case Referred to- Mizazul Islam Dablu Vs. S......ccused is insane or not; 6. according to section 465 of the Code of Criminal Procedure when the matter of insanity was brought to the notice of the learned Sessions Judge, Rajshahi, he was under legal obligation to ascertain whether the allegation of insanity was true or not before proceeding w..Category: Criminal Law | Date: 16 Jun, 2014 | Hits: 15
Engineer Abdul Md. Wadud Vs. State and another, 2014, 43 CLC (AD)
....se of the petitioner. We find no merit in the contention of the learned counsel. The petition is accordingly dismissed. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 174 ......san Foez Siddique J AHM Shamsuddin Chowdhury J Engineer Abdul Md. Wadud .............Petitioner Vs. State and another............................Respondent Judgment June 16, 2014. ...... charge of misappropriation of money cannot be sustained against the petitioner on the basis of the police report and since there is no allegation against him in the FIR, there is practically no legal evidence to substantiate the charge brought against him. He further submits that the learned S..Category: Criminal Law | Date: 16 Jun, 2014 | Hits: 4
Mohoshin Miah (Md.) Vs. State and another, 2014, 43 CLC (HCD)
....ll consider that at the time of occurrence, the accused repeatedly told to the persons present there that the money given by Abdus Salam Khokon was a part payment of the rents of their ancestral property and the said facts had been admitted by most of the important witnesses including the Magis......; ......supporting of the appeal and assailing the judgment of the trial Court submits that the informant who led the trap party in nabbing the accused during the alleged transaction of bribe had proceeded illegally without compliance of the provisions of law. He did not obtain any sanction for trappin..Category: Anti-Corruption Laws, Criminal Law | Date: 10 Jun, 2014 | Hits: 8
Khandker Abul Hashem Vs. The Commissioner of Taxes, 2014, 43 CLC (HCD)
....r 1999-2000) 2. The assessee-applicant Khandaker Abul Hasem (shortly, the assessee), is an individual bearing Tax Identification No.180-102-4752. The assessee derives income by letting out house property to tenants. In the assessment year 1999-2000, the assessee submitted its income tax return ...... Ed. This Case is also Reported in: ......e 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 as well as the legal provision, affirmed the order of the DCT relating to rejection of gift. 5. In the above b..Category: Fiscal/Taxation Law | Date: 9 Jun, 2014 | Hits: 3
Khandker Abul Hashem Vs. Commissioner of Taxes, 2014, 43 CLC (HCD)
.... 1999-2000). 2. The assessee-applicant Khandaker Abul Hasem (shortly, the assessee), is an individual bearing Tax Identification No.180-102-4752. The assessee derives income by letting out house property to tenants. In the assessment year 1999-2000, the assessee submitted its income tax return ......is Case is also Reported in: ......e 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 as well as the legal provision, affirmed the order of the DCT relating to rejection of gift. 5. In the above b..Category: Fiscal/Taxation Law | Date: 9 Jun, 2014 | Hits: 5
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 ......sp; ......as a criminal case pending against the petitioner on the selfsame allegations and in that circumstances the imposition of punishment upon the petitioner in the departmental proceeding was illegal in view of section 25(1) of the Government Servants (Discipline and Appeal) Rules, 1985. The l..Category: Civil Law, Procedural Law | Date: 9 Jun, 2014 | Hits: 4
Shafiqul Islam Vs. Bangladesh Bank and others, 2014, 43 CLC (HCD)
.... credit facilities from respondent No. 4 to 6, namely Uttara Bank Limited, Bangladesh Shilpa Rin Sangstha and Agrani Bank. In obtaining those credit facilities, the petitioner mortgaged his properties and stood guarantee by executing personal guarantee for securing the said liabilitie......ssan Arif J Mohammad Ullah J Shafiqul Islam………………………………….Petitioner Vs. Bangladesh Bank and others............Respondents Judgment June 1, 2014. Result: All the Rules a......rculation of petitioners' names in the report of Credit Information Bureau (CIB) of Bangladesh Bank as 'defaulter-borrower' should not be declared to be without lawful authority and of no legal effect and as to why the respondents should not be directed to delete the names of the petitio..Category: Banking Law, Company Law | Date: 1 Jun, 2014 | Hits: 11
....sp;
2. As soon as the Chairman has determined a timetable for proceedings, it shall notify the parties.
3. The parties have a duty to do all things necessary for the proper and expeditious conduct of the proceedings, including complying without delay with any order ......t 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 it in open eyes and there were no allegation of fraud practice upon the plaintiff.
As per section 10(2) of the ......ct Judge, 1st Court, against the petitioners and opposite party No. 2 for declaration that the Contract No. 315510058 dated 31-1-2011 entered into between the plaintiff and petitioner No. 1 is illegal, void and have no binding effect on the plaintiff, for a declaration that the reciprocal perfo..
Category: Arbitration Law, Civil Law, Procedural Law | Date: 28 May, 2014 | Hits: 7
....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.
......oez Siddique J
AHM Shamsuddin Choudhury J
Elahi Box Sardar (Md.).........................Petitioner
Vs.
Government of Bangladesh represented by Ministry
of Communication and others………........Respondents
Judgment &nb......-2003, the petitioner filed an application to opposite party Nos. 2 and 3, but they did not settle the matter. In the above circumstances, the petitioner finding no other way served two separate legal notices upon opposite party Nos.2 and 3 through his lawyer with the request to settle the audi..
Category: Administrative Law | Date: 25 May, 2014 | Hits: 9
Amena Meher Vs. Md. Abdul Kader and others, 2014, 43 CLC (HCD)
....record including the impugned order submits that the learned Joint District Judge while refusing the appointment of receiver did not apply his judicial mind to the essential element as to whether the property involved therein can be protected and preserved without appointing of a receiver or not, in......rul Islam Chowdhury J Kashefa Hussain J Amena Meher……………………………Defendant-Appellant Vs. Md. Abdul Kader and others .................Plaintiff-Respondents Judgment May 19, 2014 R....... The office is directed to communicate this order to the Joint District Judge, 2nd Court, Pabna for compliance. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 61 ..Category: Civil Law, Procedural Law | Date: 19 May, 2014 | Hits: 3
....the Sixth Schedule of the Ordinance by Finance Act, 1999 (the Act, 1999) all income accruing to the trust or other legal obligation except donation received for charitable purposes, income from house property and income from micro credit program are liable to taxation and thus, affirmed the order of......p;Applicant
Vs.
The Commissioner of Taxes, Taxes Zone-5, Shegun Bagicha, Dhaka…………Respondent
Judgment
May 14, 2014.
Result:
The questions (i) and (ii) formulated for determination answered in the negative in favour of the assessee-applicant
......l in part, but decided that as a consequence of deletion of explanation of Part A of the Sixth Schedule of the Ordinance by Finance Act, 1999 (the Act, 1999) all income accruing to the trust or other legal obligation except donation received for charitable purposes, income from house property and 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)
....cquitting accused respondent Abdul Quader @ Mobile Quader and also maintaining the conviction of Ataur Rahman, I am unable to persuade the views taken by my learned brother and accordingly, I feel it proper to express my own opinion. 3. Short facts to dispose of the appeals are thus. Victim Mou...... 6. ......ccused persons and that they were made after the object of conspiracy had been accomplished. On the contrary, the learned DAG. argued that the confession being inculpatory in nature, there is no legal bar to use it under section 10 of the Evidence Act. Section 10 of the Evidence Act reads as fo..Category: Criminal Law | Date: 14 May, 2014 | Hits: 16
Bangladesh Rural Advancement Committee (BRAC) Vs. Commissioner of Taxes, 2014, 43 CLC (HCD)
....the Sixth Schedule of the Ordinance by Finance Act, 1999 (the Act, 1999) all income accruing to the trust or other legal obligation except donation received for charitable purposes, income from house property and income from micro credit program are liable to taxation and thus, affirmed the order of......lip;Applicant Vs. The Commissioner of Taxes, Taxes Zone-5, Shegun Bagicha, Dhaka…………Respondent Judgment May14, 2014 Result: The questions (i) and (ii) formulated for determination answered in the negative in favour of the assessee-applicant ......l in part, but decided that as a consequence of deletion of explanation of Part A of the Sixth Schedule of the Ordinance by Finance Act, 1999 (the Act, 1999) all income accruing to the trust or other legal obligation except donation received for charitable purposes, income from house property and 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)
....r to other questions. The Income Tax Ordinance, 1948 (Ordinance No. XXXVI of 1984) Paragraph 1(1), Part-A of the Schedule In the relevant assessment year, any income derived from house property held under trust or other legal obligation or from operation of micro credit program by suc......spondent (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 Income Tax Ordinance......me Tax Ordinance, 1948 (Ordinance No. XXXVI of 1984) Paragraph 1(1), Part-A of the Schedule In the relevant assessment year, any income derived from house property held under trust or other legal obligation or from operation of micro credit program by such trust or obligation is excluded f..Category: Fiscal/Taxation Law | Date: 12 May, 2014 | Hits: 5
Nurul Hoq Bhuiyan Vs. Momtazul Islam and others, 2014, 43 CLC (HCD)
....t from the custody of the contesting defendants the heirs of one of the executants of this partition deed itself it cannot be said that this partition deed did not come before the Court from the proper custody and, as such, taking of this partition deed into evidence and making of the same as e......urisdiction) Present: Nazmun Ara Sultana J Syed Mahmud Hossain J Md Imman Ali J Nurul Hoq Bhuiyan.....................................Petitioner Vs. Momtazul Islam and others.........................Respondents Judgment May 12, 2014 ......it cannot be said that this partition deed did not come before the Court from the proper custody and, as such, taking of this partition deed into evidence and making of the same as exhibit has been illegal……………….....(15). Lawyers Involved: Mahmudul..Category: Property Law | Date: 12 May, 2014 | Hits: 6
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