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Khandker Abul Hashem Vs. Commissioner of Taxes, 2014, 43 CLC (HCD)
....ed Income Tax Appeal No. 235 of 2003-2004 before the 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 re......is Case is also Reported in: ......y the Rule is made absolute without any order as to cost. The impugned assessment order dated 27.10.05 as well as the notice issued under section 83(1) of the Ordinance dated 20.10.05 and the notice, evidenced by Annexure-G to the supplementary affidavit and Annexure-C & C-1 to the writ petition..Category: Fiscal/Taxation Law | Date: 9 Jun, 2014 | Hits: 5
Shahin Reza (Md.) Vs. Nasiruddin Howlader and others, 2014, 43 CLC (AD)
....f the learned Counsel of the plaintiff-leave-petitioner to the effect that the High Court Division was wrong in making the rule absolute ignoring the concurrent findings and decision of the courts of facts relying on Exhibit-6 and other so-called decrees which were not at all binding upon the plaint......mun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Shahin Reza (Md.)……………………..Appellant Vs. Nasiruddin Howlader and others………Respondents Judgment June 5, 2014 Result: Thi......sion in the suit land. That the suit is liable to be dismissed and the decree passed in Title Suit No. 173 of 1964 also is liable to be declared void. 6. The trial court, on consideration of the evidence adduced by both the parties, decreed the suit. The appellate court below also affirmed the ..Category: Limitation Law, Property Law | Date: 5 Jun, 2014 | Hits: 11
.... of 2003-2004. This is relating to the assessment year 2003-2004.
2. The questions raised in the reference application for answer by the court are as under:
“ (a) Whether in the facts and circumstances of the case, the Taxes Appellate Tribunal, Division Bench-4, Dhaka was justi......03-2004. This is relating to the assessment year 2003-2004.
2. The questions raised in the reference application for answer by the court are as under:
“ (a) Whether in the facts and circumstances of the case, the Taxes Appellate Tribunal, Division Bench-4, Dhaka was justified t......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:
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Category: Fiscal/Taxation Law | Date: 4 Jun, 2014 | Hits: 5
Shafiqul Islam Vs. Bangladesh Bank and others, 2014, 43 CLC (HCD)
....(In Writ Petition No. 10472 of 2012) Writ Petition Nos. 9158, 10472 of 2012. & Writ Petition No. 10093 of 2013. Judgment Sheikh Hassan Arif J.— Since the questions of law and facts involved in the aforesaid three writ petitions are almost same, they have been taken up togeth......ssan Arif J Mohammad Ullah J Shafiqul Islam………………………………….Petitioner Vs. Bangladesh Bank and others............Respondents Judgment June 1, 2014. Result: All the Rules a......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
....der Order VII, rule 11 (d) of the Code of 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 ......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 ...... The view of the Chairman shall prevail in relation to a decision, order or Award in respect of which there is neither unanimity nor a majority.
6. All statements, contracts and documentary evidence must be submitted in the English language. Whenever documentary evidence is submitted ..
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)
....gh Court Division erred in holding that since original tenancy has not been divided the pre-emptors are still co-sharers in the land and have not lost their right of preemption ignoring the facts that the case for pre emption was under section 24 of the Non-Agricultural Tenancy Act and the...... ...... 9. Mr. Mahbubey Alam, the learned Senior Advocate appearing for the pre-emptee-appellants has made submissions to the effect that in this case it has been proved sufficiently by the documentary evidence filed by the pre-emptee opposite parties that the lands of the original plots was part..Category: Tenancy Law | Date: 28 May, 2014 | Hits: 22
Aynul Haque (Md.) Vs. Government of Bangladesh, Dhaka, 2014, 43 CLC (HCD)
....009 passed by the Administrative Appeallate Tribunal, Dhaka in Appeal No. 147 of 2006 affirming those dated 19-6-2006 passed by the Administrative Tribunal, Khulna in AT No. 34 of 2004, 2. Short facts, for the disposal of this petition, are that Md. Aynul Haque, predecessor-in-interest of the p......cted by Md. Ferozur Rahman Advocate-on-Record—For the Petitioner. None Represented—For the Respondent. Civil Petition for Leave to Appeal No. 64 of 2010. (From the judgment and order dated 29-10-2009 passed by the Administrative Appellate Tribunal in Appeal No.147 of 2006....... being corrupt would gather thick and unchaseable clouds around the conduct of an officer and gain notoriety must faster than the smoke. Sometimes there may not be concrete or material evidence to establish the same beyond all reasonable doubt. Judicial service is not a service in the..Category: Administrative Law | Date: 19 May, 2014 | Hits: 3
Beautiful Bibi Vs. Md. Sydur Rahman, 2014, 43 CLC (HCD)
....ity of the issue and the opposite views taken by the courts below, I have carefully perused the materials on record including the evidence adduced by the parties. 32. The issue involves two facts-in-issue, namely the time as to when the marriage took place and as to whether or not the defe......ade absolute. DNA Test accepted worldwide as a reliable scientific method for various purposes including determination of parentage The DNA report contains the analysis of data of the child and also of both plaintiff and defendants-- "The putative father Md. Saydur Rahman is the ......ld be contributed to the child by a biological father. The probability of the stated relationship is 99.99999%." DNA test report prepared by the Government DNA Laboratory is a credible evidence. The conclusion of the report is consistent with the admitted birth of the child dur&s..Category: Women and Children | Date: 19 May, 2014 | Hits: 29
....d thus, affirmed the order of the DCT on this ground.
5. In the above backdrops, the assessee filed the reference application formulating the following questions:-
i) “Whether, in the facts and circumstances of the case, the Tribunal was justified in rejecting the appeal of the appli......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
...... 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:
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Category: Fiscal/Taxation Law | Date: 14 May, 2014 | Hits: 9
State and another Vs. Abdul Kader @ Mobile Kader and others, 2014, 43 CLC (AD)
....le 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 Moulana Abdul Kader was shot to death on 17 October...... 6. ......t of its case 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 sec..Category: Criminal Law | Date: 14 May, 2014 | Hits: 16
Bangladesh Rural Advancement Committee (BRAC) Vs. Commissioner of Taxes, 2014, 43 CLC (HCD)
....d thus, affirmed the order of the DCT on this ground. 5. In the above backdrops, the assessee filed the reference application formulating the following questions:- i) “Whether, in the facts and circumstances of the case, the Tribunal was justified in rejecting the appeal of the appli......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 ......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)
....gh Court Division erred in holding that since original tenancy has not been divided the pre-emptors are still co-sharers in the land and have not lost their right of preemption ignoring the facts that the case for pre emption was under section 24 of the Non-Agricultural Tenancy Act and the......4) 315. ...... 9. Mr. Mahbubey Alam, the learned Senior Advocate appearing for the pre-emptee-appellants has made submissions to the effect that in this case it has been proved sufficiently by the documentary evidence filed by the pre-emptee opposite parties that the lands of the original plots was part..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)
....ench-2, Circuit Bench, Dhaka (shortly mentioned as the Tribunal) in Income Tax Appeals No. 3063 of 2003-2004 (assessment year 2001-2002) and 3064 of 2003-2004 (assessment year 2002-2003). 3. The facts of the reference applications are more or less similar and, as such, to avoid unnecessary repe......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...... 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)
..... Momtazul Islam and others.........................Respondents Judgment May 12, 2014 Result: The petitions are to be dismissed. Where there are ample facts and circumstance before the Court as pointed out in support of the genuineness of this pa......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 ......f 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 exhibit has been illegal……………&..Category: Property Law | Date: 12 May, 2014 | Hits: 6
Bangladesh Rural Advancement Committee (BRAC) Vs. Commissioner of Taxes, 2014, 43 CLC (HCD)
....Bench-2, Circuit Bench, Dhaka (shortly mentioned as the Tribunal) in Income Tax Appeals No.3063 of 2003-2004 (assessment year 2001-2002) and 3064 of 2003-2004 (assessment year 2002-2003). 3. The facts of the reference applications are more or less similar and, as such, to avoid unnecessary repe....... 255 of 2004 With Income Tax Reference Application No. 256 of 2004 Judgment Zinat Ara J.- Similar questions have been raised in Income Tax Reference Applications No. 255 of 2004 and 256 of 2004 and the parties to the income tax reference applications (hereinafter referred to as......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)
..../30 of the Nari-o-Shishu Nirjatan Daman Ain, 2000 pending in the Court of Nari-o-Shishu Nirjatan Daman Tribunal, Habigonj be stayed for a period of 4(four) months from date. 4. The relevant facts of the case are as follows:- One Mst Aklima Begum, daughter df Md Ishrak Uddin of vi......urt Division (Criminal Miscellaneous Jurisdiction) Present: Md. Nizamul Huq J Md. Jahangir Hossain J Abdul Hamid (Ujir).............Accused Petitioner Vs. State and others…………………….Opposite-Party Judgm...... 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)
.... two criminal petitions for leave to appeal involving similar question of law and fact between the same parties have been heard together and are being disposed of by this common judgment. 4. The facts, leading to the filing of these criminal petitions for leave to appeal, in a nutshell, are: ............................Petitioner (In Criminal Petition No.117 of 2011) Anti-Corruption Commission..........Petitioner (In Criminal Petition No.210 of 2011) Vs. Faisal Morshed Khan and another.................Respondents (In both the cases) Judgment &nb....... Shafique Ahmed, learned Senior Advocate, appearing on behalf of the respondent in both the criminal petitions, perused the impugned judgment and the materials on record. 15. Having scanned the evidence of P.W.2, Executive Engineer, PWD, and P.W.3, Anwarul Azim, Sub-Divisional Engineer of PWD,..Category: Anti-Corruption Laws | Date: 5 May, 2014 | Hits: 8
Md. Abul Bashar Vs. Government of Bangladesh, 2014, 43 CLC (HCD)
.... as absolute or arbitrary administrative power. They must act within the limit of law. None of their actions or decision can be as unreasonable as no reasonable man applying his mind to the attendant facts, would have taken it. This is a basic standard to be kept in view while discharging public dut......druzzaman J Md. Abul Bashar………………..............Petitioner Vs. Government of Bangladesh, represented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs, Bangladesh Secretariat, Ramna, Dhaka and others……Respondent......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
....it petition and obtained the Rule Nisi.
5. Writ-Respondent Nos.2 and 3 and added respondent No.6 contested the Rule by filing affidavit-in-opposition separately, but contending more or less same facts and raising similar question of law.
6. Writ-Respondent Nos. 2 and 3 in their affidavit-i......
Appellate Division
(Civil)
Present:
Surendra Kumar Sinha J
Md. Abdul Wahhab Miah J
Hasan Foez Siddique J
AHM Shamsuddin Chowdhury J
Director General, Bangladesh Standards and Testing Institution…………Petitioner
Vs.
Matiur Rahma......৭২-খন্ড-১/৩১৮৮(২) dated 10-1-1996, are the result of misreading and misconstruction of those memos or any other document filed before the High Court Division as affidavit evidence or non-consideration of any such affidavit evidence or other materials or on no affidavit e..
Category: Employment/Service Law | Date: 4 May, 2014 | Hits: 7
Ayub Hossain Khan (Md.) Vs. Bangladesh and others, 2014, 43 CLC (AD)
....so-called promise was not ad-infmitum, but was an event bound one, which event, i.e. a permanent decision had in fact been taken on the vested property concerned. 61. Most importantly, the given facts cannot in any event constitute promissory estoppel because under the High Trees principle, whi......bsp; Ayub Hossain Khan (Md.)................................Petitioner [In both the cases] Vs. Bangladesh and others (In Civil Petition 1901 of 2011) Human Rights and peace for Bangl......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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