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State Vs. Md. Sajjad Ali, 2014, 43 CLC (HCD)
....e rule as to circumstantial evidence in the facts of the present case." 72. The facts and circumstances of the case referred to above and the facts and circumstances of the case in hand are identical. Therefore, the principle expounded in the case referred to above fully applies in the fac......e informant has not come to support his wife, P.W.1. This behavior of the husband of P.W.1 creates doubts about the parentage of the victim and also the total prosecution case. 66. Now, the question is that P.W.s 2, 11, 12, have stated that they saw the accused to take away the victim, Shu......to get the benefit of section 465 of the Code of Criminal Procedure. The further defence case is that the accused is innocent and he has falsely been implicated in this case. 13. Considering the facts, circumstances of the case and the evidence on record, the learned Sessions Judge, Raj sh..Category: Criminal Law | Date: 16 Jun, 2014 | Hits: 15
Mohoshin Miah (Md.) Vs. State and another, 2014, 43 CLC (HCD)
....d order along with the lower Court's record be sent to the concerned Court for information and necessary action. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 114 ......revenue for their common ancestral property. Abdus Salam Khokon was never entrusted by his family members for making payment of the revenue of their common ancestral property. The transaction in question had taken place for mutating the name of Abdus Salam Khokon for the specific 0.03 acres of ......rruption Act (Act No. II of 1947) sentencing him to suffer rigorous imprisonment for 3(three) years with a fine of Taka 2,000 in default to suffer rigorous imprisonment for 6 months more. 2. The facts relevant for disposal of the appeal in short, is that Md. Berizir Ahmed, Deputy Director of th..Category: Anti-Corruption Laws, Criminal Law | Date: 10 Jun, 2014 | Hits: 8
Khandker Abul Hashem Vs. The Commissioner of Taxes, 2014, 43 CLC (HCD)
....e Court of Bangladesh is directed to take 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: ......lip;......Applicant Vs. The Commissioner of Taxes, Taxes Zone-6, Kakrail, Dhaka-1000……………Respondent Judgment June 9, 2014. Result: The questions (i) formulated for determination answered in the negative i.e. against the Revenue and in ......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..Category: Fiscal/Taxation Law | Date: 9 Jun, 2014 | Hits: 3
Khandker Abul Hashem Vs. Commissioner of Taxes, 2014, 43 CLC (HCD)
....angladesh is directed to take 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: ......cant Vs. The Commissioner of Taxes, Taxes Zone-6, Kakrail, Dhaka-1000…………………Respondent Judgment June 9, 2014 Result: The question formulated for determination answered in the negative i.e. against the Revenue and in favou......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..Category: Fiscal/Taxation Law | Date: 9 Jun, 2014 | Hits: 5
Shahin Reza (Md.) Vs. Nasiruddin Howlader and others, 2014, 43 CLC (AD)
.... and findings given by Nazmun Ara Sultana, J. Order of Court This appeal is dismissed by majority decision. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 243 ......were obtained collusively by practicing fraud upon the courts. The learned Counsel has argued also that in none of the earlier suits there has been any adjudication as to the title of the property in question and, as such, the decrees passed in those suits will not operate as res-judicata in the pre......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..Category: Limitation Law, Property Law | Date: 5 Jun, 2014 | Hits: 11
....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:
......, Rupgonj, Dhaka……Applicant
Vs.
The Commissioner of Taxes, Taxes Zone-1, Dhaka…………Respondent
Judgment
June 4, 2014.
Result:
The questions formulated for determination answered in the affirmative, in favour of the department-resp...... 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..
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 ......the Respondent No. 5 (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......(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..Category: Banking Law, Company Law | Date: 1 Jun, 2014 | Hits: 11
....ation becomes functus officio when the Court has refused to stay an action, or the defendant has abstained from asking it to do so. This rule only applies when the dispute before the two tribunals is identical.
44. In the case of Gopi Ram Vs. Pokhar Das, 1541C 7; it has further held that when t......ommencing arbitration and also text book of Russel on Arbitration and also scope of the Arbitration Act, 1996. Learned Advocate referred text book of Russel on Arbitration, Part 1 of 1996 Act. On the question of after filing of written statement application for rejection of plaint can be filed or no......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 ..
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. ......tion between land and holding…………………………….........................(15) In a proceeding under section 24 of the Act the question of co-sharership in the holding or tenancy is immaterial, however, the question of co-share......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..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.
......Appellate Tribunal, Dhaka in Administrative Appellate Tribunal Appeal No.201 of 2005).
Judgment
Md. Abdul Wahhab Miah J. - In this petition for leave to appeal, the petitioner has called in question the decision dated the 12th day of November, 2009 given by the Administrative Appellate Tri......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.
..
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 ......ential element as to whether the property involved therein can be protected and preserved without appointing of a receiver or not, in other words, the learned Joint District judge totally ignored the question of protection and preservation of the subject matter involved in the application ....... 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 ......¦¾à¦¨à¦¿à¦¤ হয়েছে”। but on pLaln reading of report as a whole and material available in the record it is difficult to accept that the integrity of this judicial officer was not questionable. In the matter of disciplinary inquiry neither the finding of the inquiry officer nor h......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..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 ....... 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 ......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..Category: Women and Children | Date: 19 May, 2014 | Hits: 29
....dent. We have also studied the relevant legal provisions, the decision as referred to by Md. Asaduzzaman and other materials on record.
Let us examine question (i) as reframed first.
11. An identical question like question (i) came up for consideration before this Division in Income Tax Re......……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 assess......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..
Category: Fiscal/Taxation Law | Date: 14 May, 2014 | Hits: 9
State and another Vs. Abdul Kader @ Mobile Kader and others, 2014, 43 CLC (AD)
.... under sections 302/120B of the Penal Code and he be released from Jail at once, if not wanted, in connection with any other case. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 6. ......is complicity on the ground that after being enlarged on bail for a limited period, he did not seek for extension and that he remained in abscondence as a fugitive from justice. 7. Now the first question is whether a confessional statement of co-accused can be used to prove the charge of c......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..Category: Criminal Law | Date: 14 May, 2014 | Hits: 16
Bangladesh Rural Advancement Committee (BRAC) Vs. Commissioner of Taxes, 2014, 43 CLC (HCD)
..... We have also studied the relevant legal provisions, the decision as referred to by Mr. Md. Asaduzzaman and other materials on record. Let us examine question (i) as reframed first. 11. An identical question like question (i) came up for consideration before this Division in Income Tax Re......p;……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 assess......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..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. ......equire to be co-sharer of the holding, but he requires to be co-sharer of the land. …………………. (15) In a proceeding under section 24 of the Act the question of co-sharer ship in the holding or tenancy is immaterial; however, the question of co-shar......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..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: ......nd 12-Storied Building, Segun Bagicha, Dhaka……………………Respondent (In both the applications) Judgment May 12, 2014 Result: The question (vi) formulated for determination answered in the affirmative in favour of the department-r......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..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. ...... 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. ....... 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..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: ...... Taxes, Taxes Zone-5, Second 12-Storied Building, Segun Bagicha, Dhaka……………Respondent in both the applications Judgment May 12, 2014 Result: The question (i) formulated for determination answered in the affirmative in favour of the department-re......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..Category: Fiscal/Taxation Law | Date: 12 May, 2014 | Hits: 5
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