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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 ...... High Court Division (Civil Appellate Jurisdiction) Present: Farid Ahmed J Md. Khasruzzaman J Khan Mohammad Ameer.......................Appellant Vs. Atiqur Rahman and others ...............Respondents Judgment April 30, 2014 Result: The appeal......ny deed of agreement for sale of the suit plot is found in the name of defendant Nos. 1-5 as executants and plaintiff as baina receiver, that must have been forged, false, void, concocted and created documents and no right, title and interest will be created in favour of the parties on the basis of ..Category: Civil Law, Procedural Law | Date: 30 Apr, 2014 | Hits: 6
Parul Nath and others Vs. State, 2014, 43 CLC (AD)
....Chapter XLIII of the Code. The heading of the Chapter is "OF THE DISPOSAL OF PROPERTY." In this Chapter, there are 10(ten) sections: 516A-525; of these 10(ten) sections, section 517 is relevant. In the context, it may be stated that in the Act, 1974, there is no provision as to how th......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. ...... (Criminal) Present: Md.Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J AHM Shamsuddin Chowdhury J Parul Nath and others...............................Petitioners Vs. State ….........................sed above, it appears to us reasonable, legal, practical and consciousable that the individual case of each of 46 (forty six) claimants and the other mortgagors be examined with reference to 3(three) documents, namely: the Seizure list, the Mortgage Registers and the Ledger Accounts Book in order to..Category: Criminal Law, Property Law | Date: 27 Apr, 2014 | Hits: 8
Pubali Bank Limited Vs. Commissioner of Taxes, 2014, 43 CLC (HCD)
....al (Annexure-B to the reference application) and the order passed by the Tribunal in the second appeal, (Annexure-A to the reference application). We have also examined the affidavit-in-reply and the relevant provisions of law. 12. In this income tax reference application we are only to decide ......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: ......;Respondent Judgment April 27, 2014 Result: The questions formulated for determination answered in the negative in favour of the assessee-applicant. Cases Referred to- Standard Chartered Grindlays Bank Vs. the Commissioner of Taxes, in Income Tax Reference Application N......58/- and taxable income at Tk. 22,42,99,051/- only. Whereupon, the DCT issued notices under sections 83(2) and 79 of the Ordinance and the assessee’s representative appeared before the DCT with documents and after hearing, the DCT disregarding the return and audited accounts computed total tax..Category: Fiscal/Taxation Law | Date: 27 Apr, 2014 | Hits: 6
Chittagong Steel Mills Ltd and another Vs. MEC, Dhaka & others, 2014, 43 CLC (AD)
....e do not find any substance in this appeal. Accordingly, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 66 DLR (AD) (2014)246. ...... 3% of the sale price under sub-clause "General Commission Ka" of Clause 11 of the contract has been put forward as quoted in paragraph 7 of the judgment is without any basis or evidence or papers on record of the appeal in support of such finding in as much as no paper was filed by t......D) (2014)246. ......e do not find any substance in this appeal. Accordingly, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 66 DLR (AD) (2014)246. ..Category: Civil Law | Date: 23 Apr, 2014 | Hits: 10
হোটেল পূর্বাণী ইন্টান্যাশনাল লিমিটেড বনাম কমিশনার অব ট্যাক্সেস, 2014, 43 CLC (HCD)
....her of the ld. C.T(Appeals) and thereby pleaded that C.T(Appeals) order be maintained. We have both sides, perused the orders of the authorities below and examined records. Having considered all relevant points we are of the opinion that in some cases the amount of disallowance determined by th......ল না। বিচারপতি মোঃ ইমদাদুল হক আজাদ.- আমি একমত হইলাম। Ed. This Case is also Reported in: ......ছেন এবং উহার প্রেক্ষিতে অত্র আদালতের মতামত প্রার্থণা করিয়াছেন; I. Whether, on the facts, and in the circumstance of the case, the learned Taxes Appellate Tribunal was legally justified to r......ল না। বিচারপতি মোঃ ইমদাদুল হক আজাদ.- আমি একমত হইলাম। Ed. This Case is also Reported in: ..Category: Fiscal/Taxation Law | Date: 22 Apr, 2014 | Hits: 4
Nur Mohammad and others Vs. Mosammat Kamla Khatun and others, 2014, 43 CLC (AD)
....ide and the suit is remanded to the trial Court. The trial Court is directed to dispose of the suit as expeditiously as possible. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 205 ......he plaintiffs had been able to prove their title to and possession in the suit land and that defendant No.35 could not prove that he took settlement of the suit land in 1351 BS and that the papers produced in support of the settlement were created recently for the purpose of the suit. ......eme Court Appellate Division (Civil) Present: Nazmun Ara Sultana J Syed Mahmud Hossain J Nur Mohammad and others...................Petitioner Vs. Mosammat Kamla Khatun and others..........Resp......ide and the suit is remanded to the trial Court. The trial Court is directed to dispose of the suit as expeditiously as possible. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 205 ..Category: Civil Law, Procedural Law | Date: 17 Apr, 2014 | Hits: 2
Borun Khatun and others Vs. Md. Hebaj Uddin Pramanik and another, 2014, 43 DLR (HCD)
....section 107 of the Code of Civil Procedure to decide this law point by reference to the exhibits. Although documents produced by the plaintiffs are written by pen or ball point which at the relevant time were not used in writing goes on to show some sort of forgery has been committed. The ......on of the suit land till disposal of the appeal. Send down the lower Court records. Communicate this judgment at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 58. ......58. ......d. Hebaj Uddin Pramanik and another..........Plaintiff-Appellant-Opposite Parties Judgment April 6, 2014. Result: The rule is made absolute. Presumptive value of 30 years old documents It is true but contents of the exhibits 3 and 2 series being 30 years old are require..Category: Property Law | Date: 6 Apr, 2014 | Hits: 9
AZM Tajul Islam vs. Government of Bangladesh and others, 2014, 43 CLC (HCD)
....hief Engineer under PWD, although there were 6(six) personnel (including the petitioner) who were eligible for promotion, who are senior to the said Current Charge-holder (Annexure-H). 8. At all relevant times, the top 7 (seven) officials of PWD including the petitioner were under consideration...... said Current Charge-holder. 53. He further submitted that the entire process is being completed in a secretive manner and the petitioner in spite of strenuous efforts could not collect any papers except the summary of the Administrative Ministry and the valid objection raised by the Minis......inal 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 Rule is ma......o the post of Additional Chief Engineer on 30-6-2011 (Annexure-1 2, 3, 4 and 5). 66. On perusal of the submission of both the parties, the petition, the affidavit-in-opposition and the available documents, it is quite apparent note that the authority concerned for filling up the vacancy of the ..Category: Administrative Law | Date: 3 Apr, 2014 | Hits: 6
....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.
......l not for pomp and grandeur in life raising the trifling question of genuineness of her VIII pass Certificate,
13. As the story goes, the petitioner entered the job producing all necessary papers including her 'VHI-pass Certificate' issued from a local school. Meanwhile five years......aman J
Rahima Begum...............................Petitioner
Vs.
Government of Banglades Represented by the Secretary, Ministry of Local Government and others.................Respondents
Judgment
March 13, 2014.
......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)
.... one month. Contemnor No. 5 was sentenced to suffer simple imprisonment for 2 months and to pay fine of taka 1,000, in default to suffer simple imprisonment for one month more. 2. The facts relevant for disposal of the instant appeals are as follows:— The Daily 'Prothom Alo&...... of the Constitution and section 2 of the Contempt of Court Act, 1926 read with section 151 of the Code of Civil Procedure against the concerned reporters, editors and publishers of the two daily newspapers. He alleged that both the annexed reports containing misleading captions distorted the truth ......un Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Md. Anwarul Haque J Ekramul Haque Balbul .....................Appellant [In Criminal Appeal No. 9/05] Samaresh Baidya and another……………Appellants [In Criminal Appeal No.11/05] Sab......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
Amirul Islam (Md.) Vs. Commissioner of Customs Chittagong and others, 2014, 43 CLC (HCD)
....No. 1081-1101-0300 dated 20-9-2011 Invoice No. 20117 2703/Exp dated 21-10-2011, CRF No. BV111 Idob29 dated 27-10-2011 and Bill of Entry No.C-138590 dated 10-11-2011 and to duty in accordance with the relevant provision of Customs Duty Assessment (Determination of Value of Import Goods) Rules, 2000 f......;lowed by final assessment as per Valuation Rules. The Customs Authority finally assesses the goods and to duly in accordance with Customs Valuation Rules, 2000 after notifying the documents and papers….. (10 & 11) Lawyers Involved: Md. Jamal Hossain, Advocate—For the......Ashfaqul Islam J Md. Ashraful Kamal J Amirul Islam (Md.)……………………….Petitioner Vs. Commissioner of Customs Chittagong and others.......Respondents Judgment March 5, 2014. Result: The rule is dispose......uld he followed by final assessment as per Valuation Rules. The Customs Authority finally assesses the goods and to duly in accordance with Customs Valuation Rules, 2000 after notifying the documents and papers….. (10 & 11) Lawyers Involved: Md. Jamal Hossain, Advocate..Category: Fiscal/Taxation Law | Date: 5 Mar, 2014 | Hits: 8
SM Deen Islam Vs. Government of Bangladesh and others, 2014, 43 CLC (HCD)
.... had been constituted to that effect ultimately opined that the allegations so had been brought against the petitioners were found correct. Accordingly, the same was duly forwarded with all relevant records to the Ministry concerned to take appropriate steps in the matter. Being satisfied ......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. ......; Government of Bangladesh and others..........Respondents Judgment March, 2014. Result: Both the Rules are......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)
....was declared invalid, as they do not have requisite 2% shareholding in their individual names as on record date (4-4-2013) and also prayed that pending disposal of the petition, stay operation of the relevant portion of the notice dated 14-8-2013 in relation to the declaration of ineligibility of th......er took this opportunity, nor had purchased the required shares within the stipulated time. Under the above circumstances, it can be resolved that respondent No. 2 has rightly rejected the nomination papers of the petitioners. At paragraph No. 7 of the affidavit-in-opposition, it has stated that it ......e 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. Mehedi Hasan Chowdhury and AKM Rabiul Hassan with Md. Selim Jahangif, Advocates—For the Petitioners. Aktar Imam,......he learned Advocate Mr. Mohammed Mehedi Hasan Chowdhury, appearing along with the learned Advocates, Mr. A.K.M. Rabiul Hassan and Mr. Mohammed Selim Jahangir, having placed the petition alongwith the documents annexed therewith, submits at the out set that, pursuant to the judgment and order dated 6..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)
....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. ......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. ......ourt Appellate Division (Civil) Present: Md. Muzammel 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.........the decree-holder-Bank sanctioned Taka 5,00,000 as CC Hipo Loan in favour of M/s. Shabuz Medical Hall of which writ-petitioner No.1 is the proprietor. Writ-petitioner No.1 executed all necessary documents in favour of the decree-holder-Bank and enjoyed the benefit of the loan. The property of o..Category: Others | Date: 24 Feb, 2014 | Hits: 15
....ipatory bail is obviously an extraordinary measure in that ordinarily an accused is required to pray bail from the lowest ladder of the Criminal Court with jurisdiction. In fact that is what the relevant legal scheme contemplates. When an accused invokes section 498 to use the High Court Divisi......eant to be set apart for the lower courts, but also because it is the courts at the lowest strata that can deal with the matter with greater precision as it would normally have the relevant papers before it. Converting the High Court Division into a Magistrate's Court is least desired&......Criminal)
Present:
Md. Muzammel Hossain CJ
Surendra Kumar Sinha J
Md. Abdul Wahhab Miah J
Hasan Foez Siddique J
AHM Shamsuddin Choudhury J
Durnity Daman Commission and another………………Petitioner
Vs.
Dr. Khandaker Mo......es under section 13 of the Money Laundering Act 2002, section 4 of the Money Laundering Act 2004 and section 4 of the Money Laundering Act 2012.
6. The informant further stated that various documents divulge that during the period between 2001 and 2006, the bail petitioner a-massed huge vo..
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)
....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 ......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 ...... Present: Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Anwarul Haque J BOC Bangladesh Ltd................................Appellant Vs. National Board of Revenue and others..........Respondents Judgment February 19, 2014 Result: The appeal is......Board. The VAT authority cannot fix the base value according to its sweet will and it is only the manufacturer who can fix the actual price. If the price declared by the appellant is supported by the documents and as per law, the VAT authority without verifying the market and conducting any investig..Category: Fiscal/Taxation Law | Date: 19 Feb, 2014 | Hits: 5
Aftab Uddin (Md.) Vs. Chairman, Court of Settlement and another, 2014, 43 CLC (AD)
....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. ......-1981. Thereafter, on 1-7-1985 he received a Memo from the Ministry of Works stating that the property is an abandoned property and he was directed to appear before the specific person and to produce papers and documents in support of his claim in the property. On 6-7-1985 in compliance of the said ...... (Civil) Present: Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Aftab Uddin (Md.)......................Appellant Vs. Chairman, Court of Settlement and another ............Respondents Judgment February 19, 2014. Result: The appe......eafter, on 1-7-1985 he received a Memo from the Ministry of Works stating that the property is an abandoned property and he was directed to appear before the specific person and to produce papers and documents in support of his claim in the property. On 6-7-1985 in compliance of the said memo he pro..Category: Abandoned Properties Law | Date: 19 Feb, 2014 | Hits: 21
Durnity Daman Commission Vs. Jesmin Islam and another, 2014, 43 CLC (AD)
....sion, the High Court Division cannot exercise its discretion whimsically at its suit will. 3. We have given a cursory glance of the application for pre-arrest bail. The grounds are also not relevant for the purpose of exercising discretion in the case. More so, the case having been fi......patory bail. The impugned judgment is set-aside. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 1. ......uzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J AHM Shamsuddin Choudhury J Durnity Daman Commission.........................Petitioner Vs. Jesmin Islam and another…………….................Respondents Judgment F......patory bail. The impugned judgment is set-aside. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 1. ..Category: Criminal Law | Date: 10 Feb, 2014 | Hits: 4
Durnity Daman Commission Vs. Durnity Daman Commission, 2014, 43 CLC (AD)
....sion, the High Court Division cannot exercise its discretion whimsically at its suit will. 3. We have given a cursory glance of the application for pre-arrest bail. The grounds are also not relevant for the purpose of exercising discretion in the case. More so, the case having been fi......used-respondent on anticipatory bail. The impugned judgment is set-aside. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 1 ......Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J AHM Shamsuddin Choudhury J Durnity Daman Commission........................Petitioner Vs. Jesmin Islam and another…………................Respondents Judgment February 1......used-respondent on anticipatory bail. The impugned judgment is set-aside. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 1 ..Category: Criminal Law | Date: 10 Feb, 2014 | Hits: 4
Loreeto Vs. Nasreen Sobhan and another, 2014, 43 CLC (AD)
....alls for consideration is under what circumstances can a Court pass decree or order, for awarding compensation to a party to the suit. In this connection section 95 of the Code of .Civil Procedure is relevant for resolving the point in dispute, which reads: "95. (1) Where, in any suit in w......he decree are hereby expunged. The appeal is disposed of with the above expunction without, however, any order as to costs. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 111. ......Sinha J Md. Abdul Wahhab Miah J Syed Mahmud Hossain J Md. Imman Ali J Loreeto……………........................Appellant Vs. Nasreen Sobhan and another...... ......Respondents Vs. Judgment ......he decree are hereby expunged. The appeal is disposed of with the above expunction without, however, any order as to costs. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 111. ..Category: Civil Law | Date: 3 Feb, 2014 | Hits: 14
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