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

.... 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: ...... 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: ......on 161(2) of the Income Tax Ordinance, 1984. S. H. Md. Nurul Huda Jaigirdar J:- I agree. Ed This Case is also Reported in: ......……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..

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. ......ϞāĻžāĻļ⧟) was created due to the erosion. The Bazar was fully established in 1997. Deceased-Moulana Abdul Quader entered into a contract with Sohrab Mia and Awal for purchasing about 2.00 acres of land adjacent to the Bazar. Accused-Mobile Quader told him (P.W. 3) to form a new Bazar committee by......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..

Category: Criminal Law | Date: 14 May, 2014 | Hits: 16

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

....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:     ......ncome Tax Ordinance, 1984. S. H. Md. Nurul Huda Jaigirdar J. - I agree. This Case is also Reported in:     ......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..

Category: Fiscal/Taxation Law | Date: 14 May, 2014 | Hits: 3

Asad Ali (Md.) and another Vs. Golam Sarwar and others, 2014, 43 CLC (AD)

....t party against the second party of that sole decree for permanent injunction and in that suit both the parties cate­gorically admitted about the sole decree and also about their right, title and possession according to that sole decree since passing of that sole decree. The learned Counsel...... Section 24 Section 24 of the Non-Agricultural Tenancy Act does not say about the right of pre-emption of co-sharers of a holding but it says about the right of pre-emption of the sharers of the land. "Land" means land. 'Land' does not mean 'holding' or 'tenancy...... 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..

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: ...... 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: ......n 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..

Category: Fiscal/Taxation Law | Date: 12 May, 2014 | Hits: 5

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

....r­chased 0.46 decimal of land from the recorded owners Ashraf Ali and Ansar Ali by 2 separate registered deeds. Thus Abdul Gafur Bhuiyan got in all 4.76 ½ acres of land and while he was in possession of his aforesaid land he died leaving behind defendant Nos. 66 to 76 as his heirs and suc......lows: The present petitioner along with three others instituted Title Suit No.705 of 2005 in the 3rd Court of Joint District Judge. Comilla against the opposite parties for partition of the suit land described in schedule to the plaint. The case of the plaintiff, in short, was that the suit lan...... 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

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:   ......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:   ......1(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..

Category: Fiscal/Taxation Law | Date: 12 May, 2014 | Hits: 5

State Vs. Faisal Morshed Khan and another, 2014, 43 CLC (AD)

....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. ......t there was no concealment on the part of the respondent. The High Court Division also held that the finding of the trial Court that the respondent con­cealed investment in respect of the plot of land in Cox's Bazar and he acquired Taka 96, 10,527.43 by illegal means and beyond known source ...... 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. ......ison­ment for 1(one) year more and confiscating of the respondent's property worth Taka 1,66,13,758.43 to the State. 3. These 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..

Category: Anti-Corruption Laws | Date: 5 May, 2014 | Hits: 8

Md. Abul Bashar Vs. Government of Bangladesh, 2014, 43 CLC (HCD)

....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: ......es is usually frequent. Even in advanced countries of the West instances of acting beyond authority and abuse of power is scarcely any less which is best captured by the percipient remark made by Maitland long ago: “If you take up a modern volume of the Queen’s Bench Division, you w...... vacated. There would, however, be no order as to cost. Md. Badruzzaman J. - I agree Ed. This Case is also Reported in: ......jurisdiction of a Nikah Registrar if and when necessary in the interest of the people and here Government acted rightly and lawfully in the interest of the people. He found it difficult to answer the question as to whether there was any local demand or proposal sent to the Ministry asking for any di..

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)

....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. ...... Accordingly, the same is dismissed. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 138. ......Judgment Md. Abdul Wahhab Miah J. - This petition for leave to appeal has been filed by Writ Respondent No.3, the Director General, Bangladesh Standards and Testing Institution (BSTI) calling in question the judgment and order dated the 17th day of May, 2010 passed by the High Court Division in..

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

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

....erties, the petitioner is entitled to have the tenure renewed, as per the promise, yet, instead, the respondents have served the impugned notice dated 22 June, 2009 asking the petitioner to surrender possession of the sub­ject property and had, thereby, acted without law­ful authority. ......a memo dated 6th August 1991, the Ministry of Land intimated the 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 de......ey deserve to be reprimanded. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 215.   ......t law­ful authority. 9. The respondent No.4 in the aforemen­tioned Writ Petition, in his endeavour to rebut the petitioner's assertion and claim, had it to state that the property in question with a single story build­ing on it originally belonged to Korunamoiya Das Gupta, who s..

Category: Civil Law, Property Law | Date: 4 May, 2014 | Hits: 20

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

.... out the suit property in favour of Motiur Rahman Mullick, son of late Abdur Rahman Mullick by 'standard lease agree­ment for land vide registered deed No.2808 dated 13-3-1961 and handed over possession thereof to him. The said leasee Motiur Rahman Mullick constructed a two storied building ...... as plaintiff instituted Title Suit No. 838 of 2012 in the la Court of Joint District Judge, Dhaka impleading the respondents as defendants for specific performance of contract in respect of the suit land which is more particu­larly described in the schedule to the plaint. 3. The case of th......eer.......................Appellant Vs. Atiqur Rahman and others ...............Respondents Judgment April 30, 2014 Result: The appeal is allowed. Rejection of a Plaint— When a plaint does not disclose any cause of action only then question of rejection ..................Respondents Judgment April 30, 2014 Result: The appeal is allowed. Rejection of a Plaint— When a plaint does not disclose any cause of action only then question of rejection of a plaint would arise. A plaint with disclosure a cause of action, then..

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

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

....ch include ornaments (both gold and sil­ver), stone and cash money as cataloged in the seizure list (the seizure list has been filed with the additional paper book) were seized from the exclusive possession of Ram Krishna Nath since deceased from his Jewellery shop named "Nath Jewelers"......2 or under any law of the Land. If any Bangladeshi National is found in possession with Bangladesh currency notes of any amount, he cannot be taken to have committed any offence, under the law of the land and the proceedings at the stage of FIR can be quashed to secure ends of justice." (T......96 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. ......is Taka 17,85,98 as shown in the Ledger Accounts Book, for ref­erence. 13. In view of the prayer made by the peti­tioners under Article 104 of the Constitution, we are to decide two questions: first, whether there is any illegality in the impugned order of the High Court Division c..

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

Pubali Bank Limited 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:   ......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:   ......61(2) of the Income Tax Ordinance, 1984. S. H. Md. Nurul Huda Jaigirdar J: I agree. This Case is also Reported in:   ......hellip;……Applicant Vs. The Commissioner of Taxes, Taxes Zone-5, Dhaka……………Respondent Judgment April 27, 2014 Result: The questions formulated for determination answered in the negative in favour of the assessee-applicant...

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 findings of the High Court Division are the correct exposition of law. 16. In case of WAP DA Vs. Messrs Khanzada Md. Abdul Hague Khan Khattak and Company, PLD 1990 SC 359, applicability of the possession of Order XLI, rule 33 of the Code of Civil Procedure to award interest on award which was......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.   ......ts. Ed. This Case is also Reported in: 66 DLR (AD) (2014)246.   ...... filed by the petitioners under sec­tion 39(vi) of the Arbitration Act, 1940 against the order of the 5th Subordinate Judge passed in Title Suit No. 183 of 1995 refusing to set-aside the award in question, which is not an ordinary appeal under the Code of Civil Procedure and, therefore, the Cros..

Category: Civil Law | Date: 23 Apr, 2014 | Hits: 10

Nur Mohammad and others Vs. Mosammat Kamla Khatun and others, 2014, 43 CLC (AD)

....should have reversed those findings while concurring with the judgment of the appellate Court. 15. The trial Court came to a finding that the 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 settle­me......appeal, in a nutshell, are: 4. The petitioner as the plaintiff instituted Other Suit No. 75 of 1987 in the Court of Assistant Judge, Roumari, for declaration of title in respect of 1.18 acres of land out of a por­tion of land appertaining to plot Nos. 4441, 4442, 4443, 4445, 4472. His case,......y as possible. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 205 ......ision made the aforesaid finding in respect of identity of the suit land without at all considering the title of the respective parities. When the trial Court by giving elaborate findings decided the question of title, the High Court Division should have reversed those findings while concurring with..

Category: Civil Law, Procedural Law | Date: 17 Apr, 2014 | Hits: 2

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

....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   ......se. The Office is directed to send down the records at once. Ed. This Case is also Reported in: 20 BLC (HCD) (2015) 289   ......ity of witness whether oral and circumstantial, credibility of testimony depends considerably on a judicial evaluation of the totality, not isolated scrutiny. When deal­ing with the serious question of guilt or inno­cence of persons charged with crime, the fol­lowing principles sho..

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)

....learned Judge, are not genuine. Learned Judge also found that Sarnamoyee Dashya, daughter of Profullah Chandra Mitra, original owner left this country 12 years before and since then defendants are in possession. Defendants predecessor-in-interest who are in possession paid rents regularly evidenced ......s. 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 ought to be ascertained by appointing an Advocate Commissioner to find whether on the suit land......his 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)

....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 ......x months from date. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 140 ......ā§āϰāĻŽ āĻ—ā§āϰāĻšāĻŖ āĻāĻŦāĻ‚ āωāĻšāĻžāϰ āύāĻŋāĻˇā§āĻĒāĻ¤ā§āϤāĻŋ āĻāχāϰ⧁āĻĒ⧇ āĻ•āϰāĻž āϝāĻžāχāĻŦ⧇ āϝ⧇āύ section 339C āĻŦāĻŋāϞ⧁āĻĒā§āϤ āĻšā§Ÿ āύāĻžāχāĨ¤ 15. The question that arises in the instant case is that during pendency of the Criminal revi­sion befor..

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

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

.... Vs. Osi Mia alias Osi Mia Sawdagar....................Respondents Judgment March 9, 2014. Result: The civil petition for leave to appeal is dismissed. To prove the possession Plaintiff did not have any possession in schedule land to the plaint. Unless the pla......espondents Judgment March 9, 2014. Result: The civil petition for leave to appeal is dismissed. To prove the possession Plaintiff did not have any possession in schedule land to the plaint. Unless the plaintiff could prove his possession in the schedule land he could no...... 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.     ..

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