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....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:
......application are liable to be decided in favour of the department-respondent.
9. Mr. M. A. Hannan, learned Advocate appearing on behalf of the assessee-applicant takes us through the materials on record and submits that the DCT accepted the gift of Tk. 10,00,000,00/- and Tk.1,20,000,00/- made by......ns 83(1) and 79 of the Ordinance for submitting explanation of the return submitted. The assessee himself appeared at the hearing and stated that he earned income only from salary and allowances from service and that he had no income from any other source. Thereupon, assessment was made by the DCT c..
Category: Fiscal/Taxation Law | Date: 4 Jun, 2014 | Hits: 5
Shafiqul Islam Vs. Bangladesh Bank and others, 2014, 43 CLC (HCD)
....stay granted earlier by this Court at the time of issuance of the said rules, thus, stand recalled and vacated Communicate this. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 270 ......, Balma-kund Vs. Pirthiraj Ganesh Das AIR (1951) Patna-333 and Jethanand Vs. State of Delhi AIR 1960 (SC) 59. 11. Considered the submissions of the learned Advocates and perused the materials on record including the relevant provisions of law. Since, admittedly, the amendment to section 5 Ga Ga......stay granted earlier by this Court at the time of issuance of the said rules, thus, stand recalled and vacated Communicate this. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 270 ..Category: Banking Law, Company Law | Date: 1 Jun, 2014 | Hits: 11
....rinciple that the question is to be decided as to when the dispute in the suit and when dispute in the arbitration clause covered if suit be filed for damage of breach of contract and non delivery of goods then the suit can proceed otherwise suit cannot proceed. The Court shall keep their hands off ......f Civil Procedure, 1908 read with section 151 of the Code of Civil Procedure, 1908.
7. The trial Court after hearing both the parties considering the facts, circumstances, materials on record and the relevant provision of law, rejected the said application under Order VII, rule 11(d) ......e either the name of one of the parties appeared on the Association's List of unfulfilled Awards the time that the contract under dispute was entered into, or the penalty of denial of arbitration services has been imposed on one of the parties pursuant to Article 27 or By-law 421; and the contra..
Category: Arbitration Law, Civil Law, Procedural Law | Date: 28 May, 2014 | Hits: 7
Asad Ali (Md.) and another Vs. Golam Sarwar and others, 2014, 43 CLC (AD)
....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. ......decree. The plot index-the exhibits 2 and 'Chha' prove that the land of original plot Nos.301 and 301/084 which was partitioned by that sole decree of Partition Suit No.397 of 1920- have been recorded in the new plot Nos.487, 488 and 489. So, all these documentary evidence viz.,the exhibits-......rovides: "If a portion or share of the non-agricultural land held by a non-agricultural tenant is transferred, one or more co-sharer tenants of such land may, within four months of the service of notice issued under section 23 and, in case no notice had been issued or served, then wit..Category: Tenancy Law | Date: 28 May, 2014 | Hits: 22
....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.
......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.
......lication, in short, was that he joined as a Special Class Apprentice (Mechanical) under Railway Mechanical Department on 11-10-1984. As per the departmental rules and terms and conditions of his service, the petitioner participated in the final examination after completion of two years training..
Category: Administrative Law | Date: 25 May, 2014 | Hits: 9
Amena Meher Vs. Md. Abdul Kader and others, 2014, 43 CLC (HCD)
..... 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 ......r the appellant as also Mr. Nasir Uddin Khan on behalf of the respondents. 5. Mr. Rowshan Alam Khan the learned Advocate appearing for the appellant having taken us through the materials on record including the impugned order submits that the learned Joint District Judge while refusing the....... 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
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 ......trict Judge, the allegations brought against the petitioner were found to be proved. Accordingly, he was put in compulsory retirement. 3. The Administrative Tribunal considering the materials on record dismissed the AT Case. Md. Aynul Haque preferred appeal before the Administrative Appellate T......ynul Haque, predecessor-in-interest of the petitioners filed aforesaid Administrative Tribunal Case before the Administrative Tribunal, Khulna against the order of his compulsory retirement from service communicated under memo No.229-Bichar-3/10-1/2000 dated 6-4-2004 issued by the Ministry of L..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 ...... solemnization of the marriage before registration was not stated in the plaint, the statement of the PWs on this aspect are definitively corroborated by the independent and credible evidence as recorded in the DNA test Report. So the evidence the PWs about solemnization of the marriage be...... found that the talak as alleged by the defendant was not legally effective as per section 7 of the Muslim Family Ordinance, 1961, because of defendant's failure to comply with the requirement of service of notices upon the plaintiff and the Union Parishad Chairman. Accordingly both the courts b..Category: Women and Children | Date: 19 May, 2014 | Hits: 29
.... 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:
......f the Ordinance and the assessee’s ITP appeared and disclosed that the assessee runs some business undertakings with its charitable works. Thereupon, the DCT, on examination of the materials on record, assessed total taxable income of the assessee at Tk. 17,79,39,587/-. The assessee claimed th...... 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)
....entation of the plan. It corroborates the time, the place, the manner of occurrence, the injuries caused by fire arms and the medical evidence which corroborates the injuries. This confession is good and sufficient so far the confessing accused is concerned, but it cannot be used against accuse......e has examined 18 (eighteen) witnesses and the defence examined 2 (two). It has also relied upon the confessional statement of Bazlur Rahman alias Bazlu. The Tribunal on assessment of the evidence on record found the respondent Abdul Quader @ Mobile Quader and six others guilty under sections 302/12......s. The court noticed that two confessions were recorded long after the murder when the conspiracy had culminated and therefore, it was held that, section 10 of the Evidence Act cannot be pressed into service. The court approved the views taken in Mirza Akbor observing in paragraph 12 that 'The c..Category: Criminal Law | Date: 14 May, 2014 | Hits: 16
Bangladesh Rural Advancement Committee (BRAC) Vs. Commissioner of Taxes, 2014, 43 CLC (HCD)
....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: ......f the Ordinance and the assessee’s ITP appeared and disclosed that the assessee runs some business undertakings with its charitable works. Thereupon, the DCT, on examination of the materials on record, assessed total taxable income of the assessee at Tk. 17,79,39,587/-. The assessee claimed th......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)
....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. ......decree. The plot index-the exhibits 2 and 'Chha' prove that the land of original plot Nos.301 and 301/084 which was partitioned by that sole decree of Partition Suit No.397 of 1920- have been recorded in the new plot Nos.487, 488 and 489. So, all these documentary evidence viz.,the exhibits-......rovides: "If a portion or share of the non-agricultural land held by a non-agricultural tenant is transferred, one or more co-sharer tenants of such land may, within four months of the service of notice issued under section 23 and, in case no notice had been issued or served, then wit..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)
.... 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: ......t and answers are not required to the questions not pressed by the learned Advocate for the assessee-applicant. 14. We have gone through the reference applications and the connected materials on record Viz. the orders of assessment made by the IACT (Annexure-A to the reference applications), th...... 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
Nurul Hoq Bhuiyan Vs. Momtazul Islam and others, 2014, 43 CLC (HCD)
.... separate saham for 4.42 acres of land. In the circumstances both these two Civil Petition for Leave to Appeal be dismissed. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 51. ......iyan his 2nd wife was pregnant and after his death his wife gave birth to a son namely, Abdul Gafur Bhuiyan— who subsequently died leaving defendant Nos.66-76 as his heirs. That the heirs of CS recorded tenant Ashraf Ali, Anser Ali and Amjad Ali have been impleaded as defendant Nos.77 to 81, T...... separate saham for 4.42 acres of land. In the circumstances both these two Civil Petition for Leave to Appeal be dismissed. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 51. ..Category: Property Law | Date: 12 May, 2014 | Hits: 6
Bangladesh Rural Advancement Committee (BRAC) Vs. Commissioner of Taxes, 2014, 43 CLC (HCD)
....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: ......t and answers are not required to the questions not pressed by the learned Advocate for the assessee-applicant. 14. We have gone through the reference applications and the connected materials on record Viz. the orders of assessment made by the IACT (Annexure-A to the reference applications), th......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)
.... 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 ......rned Assistant Attorney-General appears on behalf of the State and opposed the rule. 10. We have scrutinized the petition, complaint, relevant laws and other materials submitted in the record. The main argument of the petitioner biased on the violation of section 27 of the Nari-o...... 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)
....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. ......espondent and that section 27(1) of the Act of 2004 does not come to the aid of the prosecution and the aforesaid finding of the High Court Division having been contrary to the materials on record is required to be interfered with. He lastly submits that the High Court Division without adv......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. ..Category: Anti-Corruption Laws | Date: 5 May, 2014 | Hits: 8
Md. Abul Bashar Vs. Government of Bangladesh, 2014, 43 CLC (HCD)
....derstanding that leads to such off-beat and ominous exercise of power as is incapable of explanation upon any proposition of modern administrative law principles. When we are desperately in need of a good and efficient administration for maintenance of law and order, ensuring administrative justice ......issued in public interest failed to lend support from the decisions cited by him rather favors the contention of the petitioner that the same has nothing to with public interest in that nothing is on records to demonstrate that any requisition or proposal on behalf of the local residents to create a......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
.... (the Ordinance) upon abolishing Central Testing Laboratories (CTL) and dissolving Bangladesh Standards Institution (BDSI) for standardization, testing, metrology, quality control, grading, making of goods and overall administration and management of the institution. The functions, nature of jo......cedure was followed and the service of the writ-petitioner had not been regularized. At the time of promotion of the writ-petitioner to the post of senior examiner and Assistant Director, the service records of the writ-petitioner were not properly and correctly produced and discussed in the me...... (4) Metrology Wing, (5) Physical Testing Wing and (6) Chemical Testing Wing. Among others, there are provisions under different sections of the Ordinance relating to the terms and conditions of service of all the employees/officers of BSTI,
4. In 1985, CTL authority published an advertise..
Category: Employment/Service Law | Date: 4 May, 2014 | Hits: 7
Ayub Hossain Khan (Md.) Vs. Bangladesh and others, 2014, 43 CLC (AD)
....t the petitioner's assertion and claim, had it to state that the property in question with a single story building on it originally belonged to Korunamoiya Das Gupta, who sailed to India for good before 1960 and hence the government requisitioned his property in 1960 and subsequently d...... audi alteram partem asserting that no notice was served upon him before the notice to quit was issued. The property was never listed as a national heritage by the Ministry of Culture and there is no record with the said Ministry or the Ministry of Land to prove that the property is that of Shuchitr......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
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