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....sp;
Ed.
This Case is also Reported in: 20 BLC (AD) (2015) 64.
......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...... (AD) (2015) 64.
......questions of fact which could not be resolved in the writ jurisdiction.
The High court Division exercised writ jurisdiction without considering this aspect of the case at all and on this score alone the writ petition was not maintainable......(15)
Case Referred to-
Bangladesh Vs. Miza..
Category: Constitutional Law, Fiscal/Taxation Law | Date: 22 Jul, 2014 | Hits: 6
Union Capital Limited Vs. Commissioner of Taxes, 2014, 43 CLC (HCD)
....ly argued that the Assessee-applicant being a financial institution licensed under the Financial Institution Act 1993 by the Bangladesh Bank, is under obligation to abide by the guideline as has been published periodically by the Bangladesh Bank and Clause-6.1 of the aforesaid Bangladesh bank Circul......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/...... However, there shall be no order as to cost. Md. Emdadul Haque Azad J.— I agree. Ed. This Case is also Reported in: ......d. Akter Hossain Sannamat ………………………………………….Assessee-Applicant Vs. The Commissioner of Taxes, Large Taxpayers Unit (LTU), 2nd Twelve Storied Building, Segunbagicha, Dhaka, Banglad..Category: Fiscal/Taxation Law | Date: 21 Jul, 2014 | Hits: 3
Md. Jafar Ullah Vs. Bangladesh, 2014, 43 CLC (HCD)
.... given is hereby vacated. Communicate copies of this judgment to the respondents at once. Md. Badruzzaman J.- I agree. Ed.66 This Case is also Reported in: DLR (2014) (HCD) 380 ......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......udgment to the respondents at once. Md. Badruzzaman J.- I agree. Ed.66 This Case is also Reported in: DLR (2014) (HCD) 380 ......4) (HCD) 380 ..Category: Others | Date: 28 Jun, 2014 | Hits: 91
....n to interfere with the decision of the High Court Division. Accordingly, the criminal petition for leave to appeal is dismissed.
Ed.
This Case is also Reported in: 67 DLR (AD) (2015) 54.
......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...... Division. Accordingly, the criminal petition for leave to appeal is dismissed.
Ed.
This Case is also Reported in: 67 DLR (AD) (2015) 54.
...... Court
Appellate Division
(Criminal)
Present:
Syed Mahmud Hossain J
Md. Imman Ali J
Hasan Foez Siddique J
Mahabur Sheikh alias Mahabur.......................Petitioner
Vs.
State, represented by the Deputy Commissioner, Narail.......Respondent
Judgm..
Category: Women and Children | Date: 20 Jun, 2014 | Hits: 15
Motiur Rahman and others Vs. Siddika Begum and Others, 2014, 43 CLC (HCD)
....ppeal No. 122 of 2009 is hereby upheld. The order of stay granted earlier by this court is vacated. Ed. This Case is also Reported in: 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......read with Section 151, Exclusive Possession— The defendant No. 1 has exclusive possession over the suit land and prima facie shows that she has mutated her name separately and paying regular rent to the government. Before disposal of the partition suit finally, it is suffic......; ..Category: Procedural Law | Date: 16 Jun, 2014 | Hits: 0
State Vs. Md. Sajjad Ali, 2014, 43 CLC (HCD)
....nection with any other case. Send down the lower Court records with a copy of this judgment to the concerned Court at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 161 ......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......er Court records with a copy of this judgment to the concerned Court at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 161 ...... ..Category: Criminal Law | Date: 16 Jun, 2014 | Hits: 15
Engineer Abdul Md. Wadud Vs. State and another, 2014, 43 CLC (AD)
....se of the petitioner. We find no merit in the contention of the learned counsel. The petition is accordingly dismissed. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 174 ......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.)......e contention of the learned counsel. The petition is accordingly dismissed. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 174 ......hab Miah J Hasan Foez Siddique J AHM Shamsuddin Chowdhury J Engineer Abdul Md. Wadud .............Petitioner Vs. State and another............................Respondent Judgment June 1..Category: Criminal Law | Date: 16 Jun, 2014 | Hits: 4
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 ......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 ......sent to the concerned Court for information and necessary action. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 114 ......led the trap party is curable under section 537 of the Code…......(52) The Rule itself did not confer any right to the accused to explain his position before the the Commission or Commissioner…....(58) In an inquiry against a person on an allegation of corruption, the co..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: ......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......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: ......J S. H. Md. Nurul Huda Jaigirdar J Khandker Abul Hashem, S/O Late Khandker Bazlur Rahman, Mohammadpur, Dhaka……………......Applicant Vs. The Commissioner of Taxes, Taxes Zone-6, Kakrail, Dhaka-1000……………Respondent ..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: ...... 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......he Income Tax Ordinance, 1984. S.H. Md. Nurul Huda Jaigirdar J. - I agree. Ed. This Case is also Reported in: ...... S. H. Md. Nurul Huda Jaigirdar J Khandker Abul Hashem, S/O Late Khandker Bazlur Rahman, Mohammadpur, Dhaka…………….......Applicant Vs. The Commissioner of Taxes, Taxes Zone-6, Kakrail, Dhaka-1000………………&hel..Category: Fiscal/Taxation Law | Date: 9 Jun, 2014 | Hits: 5
Government of Bangladesh and others Vs. Md. Abdul Karim, 2014, 43 CLC (HCD)
.... disposal of the criminal case pending against him on the same issue. Ed. This Case is also Reported in: 66 DLR (AD) (2013) 251 ......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...... 66 DLR (AD) (2013) 251 ......upreme Court Appellate Division (Civil) Present: Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Government of Bangladesh and others ...............Petitioners Vs. Md. Abdul Karim……………..Category: Civil Law, Procedural Law | Date: 9 Jun, 2014 | Hits: 4
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 ......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...... Ed. This Case is also Reported in: 67 DLR (AD) (2015) 243 ......Bivash Chandra Biswas, Advocate-on-Record—For Respondent Nos. 3-22. Parimal Chandra Guha, Advocate instructed by 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. ..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:
......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......(2) of the Income Tax Ordinance, 1984.
S. H. Md. Nurul Huda Jaigirdar J. - I agree.
This Case is also Reported in:
......urisdiction)
Present:
Zinat Ara J
S. H. Md. Nurul Huda Jaigirdar J
I.M. Reazul Hasan, Deputy Divisional Engineer, Rupgonj, Dhaka……Applicant
Vs.
The Commissioner of Taxes, Taxes Zone-1, Dhaka…………Respondent
Judgment
June..
Category: Fiscal/Taxation Law | Date: 4 Jun, 2014 | Hits: 5
Shafiqul Islam Vs. Bangladesh Bank and others, 2014, 43 CLC (HCD)
....nt-debtors have in the meantime paid the entire decreetal money, however, without interests. 6. As against the aforesaid circumstances and backgrounds, since the petitioners' names were published as defaulter-borrower in the CIB report of the Bangladesh Bank, they moved this Court and ...... 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 ......of the said rules, thus, stand recalled and vacated Communicate this. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 270 ......ction) Present: Sheikh Hassan Arif J Mohammad Ullah J Shafiqul Islam………………………………….Petitioner Vs. Bangladesh Bank and others............Respondents Judgment June 1, 2014..Category: Banking Law, Company Law | Date: 1 Jun, 2014 | Hits: 11
....hrough arbitration expeditiously.
The order of injunction granted earlier by the trial Court is hereby vacated.
Ed.
This Case is also Reported in: 15 BLC (HCD) (2010) 330
......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 ...... vacated.
Ed.
This Case is also Reported in: 15 BLC (HCD) (2010) 330
......
High Court Division
(Civil Revisional Jurisdiction)
Present:
Sharif Uddin Chaklader J
ATM Saifur Rahman J
ECOM Agroindustrial Corporation Ltd. & another..........Petitioners
Vs.
Mosharaf Composite Textile Mills Ltd...........Opposite Party
Judgment
..
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. ......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......6 DLR (AD) (2014) 315. ......of the State Acquisition and Tenancy Act has given the right of pre-emption to the co-sharer tenants of the holding. To seek pre-emption under section 24 of the Non-Agricultural Tenancy Act the petitioner does not require to be co-sharer of the holding, but he requires to be co-sharer of the land. T..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.
...... 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......tition is dismissed.
Ed.
This Case is also Reported in: 67 DLR (AD) (2015) 127.
......
Md. Muzammel Hossain CJ
Surendra Kumar Sinha J
Md. Abdul Wahhab Miah J
Hasan Foez Siddique J
AHM Shamsuddin Choudhury J
Elahi Box Sardar (Md.).........................Petitioner
Vs.
Government of Bangladesh represented by Ministry
of Communication and o..
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 ......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......e is also Reported in: 67 DLR (HCD) (2015) 61 ...... No. 296 (fin) of 2013. Judgment Nozrul Islam Chowdhury J.— In a pre-emption proceeding under Mohammadan Law, the appellant is the pre-emptee who purchased the disputed land from one Jamila Khatun by a registered kabala dated 23-8-2011 bearing registration No.4146 and the pre-em..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 ...... 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.) ......is dismissed. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 381 ......on (Civil) Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Hassan Foez Siddique J Aynul Haque (Md.).........................Petitioners Vs Government of Bangladesh, Dhaka ..........Respondents Judgment May 19, ..Category: Administrative Law | Date: 19 May, 2014 | Hits: 3
Beautiful Bibi Vs. Md. Sydur Rahman, 2014, 43 CLC (HCD)
....llow and also working scientist of the National Institute Standards and Technology of USA (as in 1999), and also a renowned author. In his book titled "Forensic DNA Typing (Second Edition), published by Elsevier Academic Press (in 2005), page 529, John M Butler, writes as follows: ......the plaintiff Mossammat Beautiful Bibi. 6. A Rule was issued in both the Revisions about sustainability of the judgment and decree passed by the appellate court. 7. By the Rule issuing order dated 16-10-2011, passed in the said second Revision, operation of the impugned Judgment ...... Md. Sydur Rahman………………………….................Opposite Party Judgment May 19, 2014. Result: The Rule issued in CR No. 4049 of 2012 is discharged. The Rule issued in CR 4153 of 2012 is made absolute. ......Court Division (Civil Revisional Jurisdiction) Present: Md. Emdadul Huq J Beautiful Bibi………………….............................Petitioner Vs. Md. Sydur Rahman……………………&..Category: Women and Children | Date: 19 May, 2014 | Hits: 29
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