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Bangladesh Rural Advancement Committee (BRAC) Vs. Commissioner of Taxes, 2014, 43 CLC (HCD)

....(2) of the Income Tax Ordinance, 1984. S. H. Md. Nurul Huda Jaigirdar J. - I agree. This Case is also Reported in:     ......ely and exclusively for religious and charitable purposes to be held under the Trust or other legal obligation; that the DCT elaborately discussed the source of income derived by BRAC and at the same time discussed the implication and interpretation of law and came to a conclusion that the assessee-......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:     ......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

Nurul Hoq Bhuiyan Vs. Momtazul Islam and others, 2014, 43 CLC (HCD)

....res 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, Hossain Uddin Bhuiyan, Ali Azam and Abdul Aziz Bhuiyan by his 1st wife and other 2 sons, namely, Ibrahim Bhuiyan and Abdul Jabbar Bhuiyan by his 2nd wife. Alimuddin Bhuiyan dur­ing his life time distributed his property amongst the aforesaid 7 sons by a registered deed of gift dated 27-10-...... 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. ...... 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

Abdul Hamid (Ujir) Vs. State and others, 2014, 43 CLC (HCD)

....h Court Division (Criminal Miscellaneous Jurisdiction) Present: Md. Nizamul Huq J Md. Jahangir Hossain J Abdul Hamid (Ujir).............Accused Petitioner Vs. State and others…………………….Opposite-Party J......nce the complainant refused to comply with his demand, the accused appellant forcefully sold out her gold made ornaments and also threat­ened to divorce her and get married again. On the date and time of occurrence the accused appellant in association with the other accused persons demanded dowe...... 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 ...... 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)

....nal 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. ......hin 7 (seven) days of the receipt of the said order. The said order dated 20-6-2007 contained legal action includ­ing confiscation of his assets in default of submitting the statements within the time stipulated therein and the order was communicated to the respondent on 21-6-2007. The responden......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. ......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)

....;…………..............Petitioner Vs. Government of Bangladesh, represented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs, Bangladesh Secretariat, Ramna, Dhaka and others……Respondents Judgment May 4, 2014 Result: ...... no doubt that Respondent No 7, a person who unsuccessfully fought against this petitioner for the post up to the apex court of the country, did not leave the battleground merely changed course. This time he chose to open a front at the top of the administration i.e., the Ministry and kept haunting ......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: ......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

Director General, Bangladesh Standards and Testing Institution Vs. Matiur Rahman and others, 2014, 43 CLC (AD)

....In view of the above, we find no merit in the leave petition. Accordingly, the same is dismissed. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 138. ......ransfer­ring any service from development budget to revenue budget, but in the instant case, no such procedure 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 ......ion in that respect. In view of the above, we find no merit in the leave petition. Accordingly, the same is dismissed. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 138. ......ion in that respect. In view of the above, we find no merit in the leave petition. Accordingly, the same is dismissed. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 138. ..

Category: Employment/Service Law | Date: 4 May, 2014 | Hits: 7

Ayub Hossain Khan (Md.) Vs. Bangladesh and others, 2014, 43 CLC (AD)

....is 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.   ...... petitioner that as there existed no provision for permanent settle­ment of vested properties, the leasehold tenure on the schedule land, a vested property, would be renewed every year until such time the government takes a final decision on the settlement of vested properties. 8. Since no ......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.   ......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

Sharif Miah Vs. Rina and anothers, 2014, 43 CLC (HCD)

....llip;………….........Petitioner Vs. Rina and another………............Opposite Parties Judgment May 3, 2014. Result: The application is allowed with directions. Additional Evidence taken in exceptional situation In th......and the alleged father Sharif and (2) the responsibility of Sharif as the alleged father to provide mainte­nance to the minor girl. The DNA test can be con­ducted within the shortest possible time at Dhaka Medical College Hospital. 9. I further hold that, in the above excep­tional s......r shall also be fur­nished free of cost to the learned Advocates for both sides. Hearing adjourned till 6-4-2014. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 16   ......r shall also be fur­nished free of cost to the learned Advocates for both sides. Hearing adjourned till 6-4-2014. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 16   ..

Category: Civil Law, Women and Children | Date: 3 May, 2014 | Hits: 5

Khan Mohammad Ameer Vs. Atiqur Rahman and others, 2014, 43 CLC (HCD)

....d down the lower Court's records at once. Communicate the order. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 2008 ...... of action was actually present, whether it was sufficient to file the suit etc., being question of fact cannot be decided at the initial stage and can be decided only on the basis of evidence at the time of trial.......(41) The continuation of the suit is found to be an abuse of the process of......ed 26-10-1981 exe­cuted by the petitioner No.1 on the basis of power of attorney of the plaintiff described in the Schedule A to the plaint is void, illegal and not binding upon the plaintiff and recovery of the khas possession of the shop No.98 at Mohammdpur Kacha Bazar allotted by the defen&sh......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 ..

Category: Civil Law, Procedural Law | Date: 30 Apr, 2014 | Hits: 6

Parul Nath and others Vs. State, 2014, 43 CLC (AD)

....iscellaneous 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. ......Code as a Court of Sessions exercising original juris­diction. The Act, 1974 has provided the Tribu­nals with the power to pass necessary orders in case of confiscation of the property at the time of disposal of the case either in the form of acquittal or conviction, but it has not pro­v......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. ......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. ..

Category: Criminal Law, Property Law | Date: 27 Apr, 2014 | Hits: 8

Pubali Bank Limited Vs. Commissioner of Taxes, 2014, 43 CLC (HCD)

....er Section 161(2) of the Income Tax Ordinance, 1984. S. H. Md. Nurul Huda Jaigirdar J: I agree. This Case is also Reported in:   ......l debt and interest thereon in the books of the assessee, whichever is less: Provided that the provisions of this clause shall apply only in respect of such Loan as the Bangladesh Bank may, from time to time, classify as bad or doubtful debt: Provided further that the deductions hall be al......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:   ......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: 27 Apr, 2014 | Hits: 6

Ibrahim Vs. State, 2014, 43 CLC (HCD)

....e Office is directed to send down the records at once. Ed. This Case is also Reported in: 20 BLC (HCD) (2015) 289   ......ng their wedlock three children born and she used were reside in her conjugal home. During sub­sistence of their marriage her husband married one Fatema, sister of accused Ibrahim, for the second time who failed to stay at her conjugal home as she (victim) did not allow her to stay at her conjug......m be set at liberty if not detained in any other case. The Office is directed to send down the records at once. Ed. This Case is also Reported in: 20 BLC (HCD) (2015) 289   ......m be set at liberty if not detained in any other case. The Office is directed to send down the records at once. Ed. This Case is also Reported in: 20 BLC (HCD) (2015) 289   ..

Category: Evidence Law, Women and Children | Date: 16 Apr, 2014 | Hits: 17

Borun Khatun and others Vs. Md. Hebaj Uddin Pramanik and another, 2014, 43 DLR (HCD)

....015) 58. ......07 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 land ough......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. ......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. ..

Category: Property Law | Date: 6 Apr, 2014 | Hits: 9

State Vs. Shajahan Bepari and others, 2014, 43 CLC (HCD)

....also Reported in: 67 DLR (HCD) (2015) 140 ......ons 339D (1)(b) of the Code. 6. The learned Deputy Attorney-General appearing for the State-petitioner seeks to impeach the impugned order on three fold argu­ments: Firstly: Most of the time were allowed on the prayer of the accused-opposite parties on all false pleas to intentionally ......e is directed to dis­pose of the case within six months from date. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 140 ......e is directed to dis­pose of the case within six months from date. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 140 ..

Category: Criminal Law, Procedural Law | Date: 3 Apr, 2014 | Hits: 3

AZM Tajul Islam vs. Government of Bangladesh and others, 2014, 43 CLC (HCD)

....r Rahman, 12 BLC (AD) 142; Khalilur Rahman Vs. Md. Kamrul Ahsan, 11 MLR (AD) 5 = 10 BLC (AD) 193; M Abu Raihan Vs. Bangladesh, 7 BLC 44; Md. Anwarul Haque Vs. Government of Bangladesh, VIII ADC 787; Matiur Rahman Vs. Bangladesh, 50 DLR 357; AKM Kawser Ahmed Vs. Bangladesh, 65 DLR 37. Lawyers In...... as an Assistant Engineer of Public Works Department (PWD) and, accordingly, the petitioner joined the said post on 9-3-1979, and in course of his service he has been promoted to different posts from time to time (Annexure-A).The respondent No.1 by the Notification being No. GriGoMo/Sha-1/5A-2/2009/......seniority and experience, on the basis of the ACR within 15 days of receipt of this judgment and order. Ed. This Case is also Reported in: 20 BLC (HCD) (2015) 266.     ......seniority and experience, on the basis of the ACR within 15 days of receipt of this judgment and order. Ed. This Case is also Reported in: 20 BLC (HCD) (2015) 266.     ..

Category: Administrative Law | Date: 3 Apr, 2014 | Hits: 6

Bibi Joynab Begum Chowdhury and others Vs. Osi Mia alias Osi Mia Sawdagar, 2014, 43 CLC (AD)

....terference. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 190.     ......nd 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) 190.     ......ner Nos.1-7 as the plaintiff instituted Other Suit No.31 of 1984 in the Court of the Senior Assistant Judge, Sadar, Chittagong against the defendant-respondent and others for declaration of title and recovery of possession. On transfer, the suit was renumbered as Other Suit No.85 of 1999. The plaint......nd 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) 190.     ..

Category: Property Law | Date: 19 Mar, 2014 | Hits: 15

Rahima Begum Vs. Government of Banglades Represented by the Secretary, Ministry of Local Government and others, 2014, 43 CLC(HCD)

....ers.................Respondents Judgment    March 13, 2014.   Result: The Rule is made absolute Constitution of Bangladesh, 1972; Article 102(2) The nature of order stopping salary, allowances and keeping off the indicted employee from duty is unhear......Taka 100. Upon such application the Upazila Palli Unnayan Officer issued a letter on 16-8-2010 ask­ing the petitioner to submit her eight pass testi­monial before the authority, though at the time of joining in the post the petitioner submitted eight pass testimonial issued on 12-3-2005 by A......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. ......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)

.... 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.   ...... 28. We have noted already that the High Court Division observed that the headlines and headings are not substantiated by materials within the report. We are in total agreement with that. At the same time, we feel that it would be unfortunate if the public would be unduly impressed by simply reading......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.   ......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

Hossain Ali (Md.) and 22 others Vs. Bangladesh, represented the Secretary Ministry Education and others, 2014, 43 CLC (HCD)

....sdiction) Present: Farah Mahbub J Md. Ejarul Haque Akondo J Hossain Ali (Md.) and 22 others............Petitioners Vs. Bangladesh, represented the Secretary Ministry Education and others........Respondents Judgment        &nb......ned should not be directed to issue a notification relaxing the period of experience in both the feeder posts of the Assistant Headmaster/Headmistress and Assistant District Education Officer for one time within 2 (two) months from the date of the receipt of the copy of the order of this Hon'ble......;                    Ed.    This Case is also Reported in: 67 DLR (HCD) (2015) 204 ......;                    Ed.    This Case is also Reported in: 67 DLR (HCD) (2015) 204 ..

Category: Constitutional Law, Employment/Service Law | Date: 9 Mar, 2014 | Hits: 3

State Vs. Arman, 2014, 43 CLC (AD)

....ch presided over by Moyeenul Islam Chowdhury, J directed to dispose of the appeal by 20th June, 2013. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 181. ......ail for a period of 6(six) months on 31st January, 2012. The learned Judge-in-Chamber without making any interim order of stay directed the office to place the matter in court for hearing. In the meantime the period of interim bail expired by efflux of time. In view of the above, this peti­tion ......bservations. A Division Bench presided over by Moyeenul Islam Chowdhury, J directed to dispose of the appeal by 20th June, 2013. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 181. ......bservations. A Division Bench presided over by Moyeenul Islam Chowdhury, J directed to dispose of the appeal by 20th June, 2013. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 181. ..

Category: Criminal Law, Women and Children | Date: 9 Mar, 2014 | Hits: 4