Search Options
Judgment Advanced Search
Displaying 121-140 of 8244 results.
Tapan Kumar Mondal Vs. Bangladesh and others, 2014, 43 CLC (HCD)
.... Dhaka-1216 (respondent No.3) under Memo No.প্রাশিঅ/০১/নিয়োগ/প্রশিনি/২০১২/১৪ and why their failure to comply should not be declared to be without lawful authority and of no legal effect and/or why such other or further order or orders should not ......sp; Bangladesh and others…………………………..Responde......নিয়োগ/প্রশিনি/২০১২/১৪ and why their failure to comply should not be declared to be without lawful authority and of no legal effect and/or why such other or further order or orders should not be passed as top this court may seem fit and proper. 2. The relevant..Category: Employment/Service Law | Date: 23 Jul, 2014 | Hits: 36
....s granted, resulting in Civil Appeal No.252 of 2003.
7. Mr. SM Moniruzzaman, learned Deputy Attorney-General, appearing on behalf of the appellants, submits that the High Court Division erred in law in not holding that classification of the imported goods is a disputed question of fact whi......
(Civil)
Present:
Nazmun Ara Sultana J
Syed Mahmud Hossain J
Md. Imman Ali J
Secretary, Ministry of Finance, Internal Resources Division and others.........Appellants
Vs.
Sherajul Islam.......................Respondent
Jud......zaman, Deputy Attorney-General, instructed by Sufia Khatun, Advocate-on-Record—For the Appellants.
Ex-parte—Respondent.
Civil Appeal No. 252 of 2003.
(From the judgment and order dated 4-1-2000 passed by the High Court Division in Writ Petition No.287 of 1995.
Judgmen..
Category: Constitutional Law, Fiscal/Taxation Law | Date: 22 Jul, 2014 | Hits: 6
Union Capital Limited Vs. Commissioner of Taxes, 2014, 43 CLC (HCD)
....dash; The Assessee-applicant, Union Capital Limited, filed the instant Income Tax Reference Application under section 160(1) of the Income Tax Ordinance 1984 with the following formulated question of law, seeking opinion from this court; “Whether, in the facts and on the circumstances of ......llip;.....Respondent Judgment July 21, 2014 Result: The Income Tax Reference Application is allowed.The question formulated for determination is answered in the negative and in favour of assessee. Questions formulated for determination: Whether, in the f......diture, incurred by the Assessee-applicant, estimated income of the Assessee-applicant at an amount of Tk. 24,58,46,420.00. 3. Being aggrieved with and highly dissatisfied by the said assessment order, the Assessee-applicant, preferred আয়কর আপীলপত্র নং-১৭৮/..Category: Fiscal/Taxation Law | Date: 21 Jul, 2014 | Hits: 3
Md. Jafar Ullah Vs. Bangladesh, 2014, 43 CLC (HCD)
....ule is discharged. The Public Gambling Act, 1867 (Act No. II of 1867); section 3 The Penal Code, 1860 (Act No. XLV of 1860); section 294A Gambling, its meaning, extent and status under law a) any game that is played for money, wager or stake or in other words played risking money......zaman J Md. Jafar Ullah...................Petitioner Vs. The People’s Republic of Bangladesh represented by the Secretary, Ministry of Home Affairs, Bangladesh Secretariat, Dhaka and others................Respondents Judgment June 18, 2014. Result: The Rule i......do with gambling as contemplated in the Public Gambling Act. His further contention is, if such games are stopped or prohibited rural youth will be diverted to anti-social activities creating law and order problem. Mr. Mehdi, however, did not say anything about the competence of the Muktijodhya Welf..Category: Others | Date: 28 Jun, 2014 | Hits: 91
....the petitioner only on the point that the alleged victim died in her husband's house and the husband has to explain satisfactorily, but failed to consider the cardinal principle of law that husband will not be liable merely because the wife died in husband's house, if his......ecially within the knowledge of any person the burden of proving that fact is upon him. This principle has been applied in many cases where the wife has been found killed in the house of the husband where they reside together. In such circumstance, the husband will have to prove by positive evi......ed by Sufla Khatun Advocate-on-Record—For the Petitioner.
None Represented—For the Respondent.
Criminal Petition for Leave to Appeal No. 139 of 2011.
(From the judgment and order dated the 16th of January, 2011 passed by the High Court Division in Death Reference No. 150 o..
Category: Women and Children | Date: 20 Jun, 2014 | Hits: 15
Motiur Rahman and others Vs. Siddika Begum and Others, 2014, 43 CLC (HCD)
....ation for temporary injunction which contradicted the judgment and order passed in the miscellaneous appeal and allowing the prayer for temporary injunction, the appellate court committed an error of law in the decision occasioning failure of justice. 14. It is further stated that the learned D......: 68 DLR (HCD) (2016) 179 ......site-Parties. Civil Revision No. 2742 of 2013. Judgment FRM Nazmul Ahasan J.—This rule was issued calling upon die opposite parties No. 1 to show cause as to why the judgment and order dated 9-6-2013 passed by the District Judge, Kishoregonj in Miscellaneous Appeal No.122 of 200..Category: Procedural Law | Date: 16 Jun, 2014 | Hits: 0
State Vs. Md. Sajjad Ali, 2014, 43 CLC (HCD)
....e was under legal obligation to ascertain whether the allegation of insanity was true or not before proceeding with the case; 7. the impugned judgment and order dated 1-12-2008 cannot sustain in law as the condemned prisoner was insane and incapable of taking his defence. 22. With the...... Md. Sajjad Ali...........................Condemned Prisoner Judgment June 16, 2014. Result: The Death Reference No.133 of 2008 rejected. Criminal Appeal No. 8657 of 2008 and the Jail Appeal No.30 of 2009 are allowed. Case Referred to- Mizazul Islam Dablu Vs. S......essions Case No. 609 of 2008 arising out of MGR No. 690 of 2007, corresponding to Motihar PS Case. No.3 dated 7-8-2007. 3. Being aggrieved by and dissatisfied with the impugned judgment and order dated 1-12-2008 passed by the learned Sessions Judge, Rajshahi, the condemned prisoner Md. Saj..Category: Criminal Law | Date: 16 Jun, 2014 | Hits: 15
Engineer Abdul Md. Wadud Vs. State and another, 2014, 43 CLC (AD)
....sustained pecuniary benefit out of the said misappropriation. 3. Mr. ASM Abdul Mobin, learned counsel appearing for the petitioners submits that the High Court Division has committed an error of law in not interfering with the proceeding in failing to consider that the charge of misappropr......san Foez Siddique J AHM Shamsuddin Chowdhury J Engineer Abdul Md. Wadud .............Petitioner Vs. State and another............................Respondent Judgment June 16, 2014. ......ecord—For the Petitioner. Mndhumnloty Chowdhury Barua, Advocate-on-Record—For the Respondents. Criminal Petition for Leave to Appeal No. 170 of 2014. (From the judgment and order dated 9-2-2014 passed by the High Court Division in Criminal Rule No. 288 (Suo Moto) of 2014.)..Category: Criminal Law | Date: 16 Jun, 2014 | Hits: 4
Mohoshin Miah (Md.) Vs. State and another, 2014, 43 CLC (HCD)
....11 days of the promulgation of the Bidhimala the occurrence of this case was taken place. The permission either in written or oral was mandatory for the field officer for laying down a trap and every law and Rule is enacted in a civilized society to obey it and to serve the best purpose of the peopl......; ......s...... (48) Since there appears no special defence case on behalf of the accused in respect of the trap case that the P.W. 1 who led the trap party had any connivance with Abdus Salam Khokon in order to make a trap, such a defect which might have been taken place for the very new enactment of ..Category: Anti-Corruption Laws, Criminal Law | Date: 10 Jun, 2014 | Hits: 8
Khandker Abul Hashem Vs. The Commissioner of Taxes, 2014, 43 CLC (HCD)
.... concealment of income. The DCT reopened the case only for concealment of house rent income but considered the genuineness of gift and rejected the gift. The DCT without considering the provisions of law completed assessment computing the assessee’s income at Tk. 10,44,000/- under section 83A(...... Ed. This Case is also Reported in: ......dinance, 1984.) Judgment Zinat Ara J.- This income tax reference application under section 160 of the Income Tax Ordinance, 1984 (hereinafter referred to as the Ordinance) arises out of the order dated 26.08.2003 passed by the Taxes Appellate Tribunal, Division Bench-1, Dhaka (the Tribunal..Category: Fiscal/Taxation Law | Date: 9 Jun, 2014 | Hits: 3
Khandker Abul Hashem Vs. Commissioner of Taxes, 2014, 43 CLC (HCD)
.... concealment of income. The DCT reopened the case only for concealment of house rent income but considered the genuineness of gift and rejected the gift. The DCT without considering the provisions of law completed assessment computing the assessee’s income at Tk. 10,44,000/- under section 83A(......is Case is also Reported in: ...... of 2004. Judgment Zinat Ara J.- This income tax reference application under section 160 of the Income Tax Ordinance, 1984 (hereinafter referred to as the Ordinance) arises out of the order dated 26.08.2003 passed by the Taxes Appellate Tribunal, Division Bench-1, Dhaka (the Tr..Category: Fiscal/Taxation Law | Date: 9 Jun, 2014 | Hits: 5
Government of Bangladesh and others Vs. Md. Abdul Karim, 2014, 43 CLC (HCD)
....ities to defend himself but the reply of the petitioner was not found satisfactory and the authority concerned, therefore, imposed the impugned punishment upon compliance with all the requirements of law. 5. The Administrative Tribunal, after hearing both the parties and on consideration o......sp; ......s. Khurshid Alam Khan, Advocate instructed by Md. Zahirul Islam, Advocate-on-Record—For the Respondent. Civil Petition for Leave to Appeal No.1932 of 2010. (From the judgment and order dated 21-10-2009 passed by the Administrative Appellate Tribunal in AAT No.45 of 2005.) J..Category: Civil Law, Procedural Law | Date: 9 Jun, 2014 | Hits: 4
Shahin Reza (Md.) Vs. Nasiruddin Howlader and others, 2014, 43 CLC (AD)
....rrent 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 plaintiff; that the High Court Division, on misconception of law, failed to appreciate the so-called Exhibit-6 in its true purport, that the alleged sale certifi......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......Md. Nawab Ali, Advocate-on-Record—For Respondent Nos. 46 and 47 None Represented—Respondent Nos.1, 2, 23-45 & 48-65. Civil Appeal No. 46 of 2007. (From the judgment and order dated 5-7-2004 passed by the High Court Division in Civil Revision No.4041 of 1999.) Judg..Category: Limitation Law, Property Law | Date: 5 Jun, 2014 | Hits: 11
....hat in the assessment year in question those two amounts given as loan to the assessee, were shown to have gifted to the assessee-applicant by the lenders; that in the above admitted scenario the DCT lawfully found that the said amount was cancellation of indebtedness to his wife and brother, who ha......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......2004.
Judgment
Zinat Ara J.- This Income Tax Reference application under section 160 of the Income Tax Ordinance,1984 (hereinafter referred to as the Ordinance) has arisen out of the order dated 06.05.2004 passed by the Taxes Appellate Tribunal, Division Bench-4, Dhaka (briefly stat..
Category: Fiscal/Taxation Law | Date: 4 Jun, 2014 | Hits: 5
Shafiqul Islam Vs. Bangladesh Bank and others, 2014, 43 CLC (HCD)
....t 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 been taken u......ssan Arif J Mohammad Ullah J Shafiqul Islam………………………………….Petitioner Vs. Bangladesh Bank and others............Respondents Judgment June 1, 2014. Result: All the Rules a...... including the petitioner before the concerned Artha Rin Adalat for realization of loan granted by it. However, at the instance of the company, the Company Bench of the High Court Division, vide order dated 2-6-2009 passed in the said Company Matter No.60 of 1999, stayed further proceedings of ..Category: Banking Law, Company Law | Date: 1 Jun, 2014 | Hits: 11
....no binding effect on the plaintiff, for a declaration that the reciprocal performance of the plaintiff under Contract No. 315510058 dated 31-1-2011 having become impossible and barred under the law of the land, the plaintiff is discharged from all liabilities under the said Contract No. 315510......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 ......ted the application of the petitioners under Order VII, rule 11(d) of the Code of Civil Procedure, 1908 resulting an error of law in the decision occasioning failure of justice and hence the impugned order is liable to be set-aside.
11. Learned Advocate further submits that, paragraph No. 5 of ..
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)
....as no proof that the land of the original khatian was partitioned by metes and bounds among its co-sharers. The learned Counsel has argued also that the High Court Division committed serious error of law also in holding that since there was no division of the holding by creating new tenancy and sepa...... ......r the Appellants. Sufia Khatun, Advocate-on-Record—For Respondent Nos.1 and 2. None represented—Respondent Nos.3-45. Civil Appeal No.67 of 2004. (From the judgment and order dated 16-10-2001 passed by the High Court Division in Civil Revision No.3271 of 1997.) Ju..Category: Tenancy Law | Date: 28 May, 2014 | Hits: 22
....s without absorbing him in the post of SSAE, but creating a Special Class of SAE. In the said Memo, the Manager/Diesel, Bangladesh Railpath, Parbotipur was asked to dispose of the matter according to law and also to realize the amount from the person concerned. On the basis of the said demand, the E......oez Siddique J
AHM Shamsuddin Choudhury J
Elahi Box Sardar (Md.).........................Petitioner
Vs.
Government of Bangladesh represented by Ministry
of Communication and others………........Respondents
Judgment &nb...... Zahangir, Deputy Attorney-General instructed by Md. Zahirul Islam, Advocate-on-Record— For the Respondents.
Civil Petition for Leave to Appeal No. 212 of 2010.
(From the judgment and order dated the 12th day of November, 2009 passed by the Administrative Appellate Tribunal, Dhaka in..
Category: Administrative Law | Date: 25 May, 2014 | Hits: 9
Amena Meher Vs. Md. Abdul Kader and others, 2014, 43 CLC (HCD)
.... the view taken by the learned Joint District Judge while disposing of the application filed by the pre-emptee under Order XL, rule 1 the learned Judge did not apply his judicial mind to the fact and law involved in the matter. Therefore, we find substance in the appeal, accordingly the same is allo......rul Islam Chowdhury J Kashefa Hussain J Amena Meher……………………………Defendant-Appellant Vs. Md. Abdul Kader and others .................Plaintiff-Respondents Judgment May 19, 2014 R......gh he resisted the prayer made by the pre-emptee, making oral submissions before the Joint District Judge, who upon hearing both sides rejected the prayer for appointment of receiver, by the impugned order dated 25-3-13 passed in pre-emption suit No. 22 of 2012. 3. The said order No. 14 da..Category: Civil Law, Procedural Law | Date: 19 May, 2014 | Hits: 3
Aynul Haque (Md.) Vs. Government of Bangladesh, Dhaka, 2014, 43 CLC (HCD)
....ricated and the inquiry officer did not hold inquiry following the relevant rules and procedures. It has been stated that the punishment of compulsory retirement had been awarded illegally and unlawfully. The Government contested the said AT Case contending that on the basis of the inquiry......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....... 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.) ..Category: Administrative Law | Date: 19 May, 2014 | Hits: 3
88129046970787519120971595879160958092158892885595608870960296568831911995739572