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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. ......yan. The contention of the learned Counsel for the plaintiff-petitioner is that this partition deed dated 16-5-1935 the exhibit-Kha has not been proved and taken into evidence in accordance with law and, as such, the Courts below committed illegality in putting reliance on this partition deed t..Category: Property Law | Date: 12 May, 2014 | Hits: 6
Bangladesh Rural Advancement Committee (BRAC) Vs. Commissioner of Taxes, 2014, 43 CLC (HCD)
....nbsp; “(i) Whether, in the facts and circumstances of the case, the Tribunal was justified in not holding the entire income of the applicant as being exempted from taxation under the provisions of paragraphs 1 and 1A, Part A, Sixth Schedule of the ITO,1984. (ii) Whether, in the......come from Self Financing Social Development Projects cannot be set off with carry forward losses as against the income from other heads; that similarly, incomes from social developments projects were lawfully treated as taxable income of the assessee; that the questions raised by the assessee-applic..Category: Fiscal/Taxation Law | Date: 12 May, 2014 | Hits: 5
Abdul Hamid (Ujir) Vs. State and others, 2014, 43 CLC (HCD)
....osite-Party Judgment May 8, 2014. Result: The Rule is made absolute. Section 27 transpires that a person who has complaint under the provision of the Nari-o-Shishu Nirjatan Daman Ain, 2000 must go the local police station to lodge th......gistrate or a person who is being entrusted by the said Tribunal to submit a report within 7 (seven) days. But in the present case the Tribunal without complying with the stipulated provision of law as contemplated in section 27 of the said Ain most illegally took cognizance against the ac..Category: Criminal Law, Women and Children | Date: 8 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 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 by this com..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: ...... Nikah Registrar in No.7, Bhadra Union Nagarpur, Tangail in violation of Rule 13(Uma) of the Muslim Marriages and Divorces (Registration) Rules, 2009 shall not be declared to have been passed without lawful authority and is of no legal effect. 2. The petitioner is a citizen of Bangladesh having..Category: Administrative Law, Constitutional Law | Date: 4 May, 2014 | Hits: 5
....dgment
May 4, 2014.
Result:
The petition is dismissed.
No attempt has been made to attack the finding of the High Court Division on Service Matter
Having been considered the provisions of sections 36(1), 36(2) of the Ordinance, relevant rules of the Rules, the High Court Di......um, who is more than 4(four) years junior to the writ-petitioner, again by superseding him. In the circumstances, the writ-petitioner finding no other equally efficacious remedy provided by law filed the writ petition and obtained the Rule Nisi.
5. Writ-Respondent Nos.2 and 3 and adde..
Category: Employment/Service Law | Date: 4 May, 2014 | Hits: 7
Ayub Hossain Khan (Md.) Vs. Bangladesh and others, 2014, 43 CLC (AD)
....Imam Gazzali Institute, commenced imparting primary education to the Children of Pabna. 7. By 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 l......e 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. 9. The respondent No.4 in the aforementioned Writ Petition, in his ..Category: Civil Law, Property Law | Date: 4 May, 2014 | Hits: 20
Khan Mohammad Ameer Vs. Atiqur Rahman and others, 2014, 43 CLC (HCD)
....ected being barred by law must be apparent from the statement made in the plaint itself and not from the written; statement or any other material other than that has been put in the plaint. Thus this provision applies when it appears from the statement in the plaint that suit is barred by any law ei...... clear as the daylight, the suit should be buried at its inception by rejecting the plaint by invoking inherent powers of the Court. ...(43) Question of limitation being a mixed question of law and facts, should be decided at the time of trial on taking evidence.......(40) Case Referr..Category: Civil Law, Procedural Law | Date: 30 Apr, 2014 | Hits: 6
Parul Nath and others Vs. State, 2014, 43 CLC (AD)
....ters and report compliance thereof to it within 1(one) month. Section 517 of the Code deals with the disposal of the property seized during investigation. In the Act, 1974, there is no provision as to how the property seized in connection with a case under the Act, 1974 or alamots of ...... disputed claims, because most of the serial numbers are fictitibus; the disputed claims of the mortgagors should be properly verified by auditors, because most of the claims are not genuine and lawfully tenable; proper accounts must be made of all time barred seized gold, as per pawnbroke..Category: Criminal Law, Property Law | Date: 27 Apr, 2014 | Hits: 8
Pubali Bank Limited Vs. Commissioner of Taxes, 2014, 43 CLC (HCD)
....le income at Tk. 35,70,76,797/- by disallowing deductions under section 29 of the Ordinance of an aggregate amount of Tk. 3,12,14,954/- only on account of expenses and Tk. 7,63,59,667/- on account of provision for bad and doubtful debts and adjusted an amount of Tk. 12,00,00,000/- from the total inc...... interest thereon as per provision under section 29(1)(xviiiaa) of the Ordinance, which must not exceed the amount of Bangladesh Bank’s classified loan; that the order passed by the Tribunal is lawful and so, the reference application has no merit. 7. Mr. A. S. M. Abdur Razzaque, the lear..Category: Fiscal/Taxation Law | Date: 27 Apr, 2014 | Hits: 6
Chittagong Steel Mills Ltd and another Vs. MEC, Dhaka & others, 2014, 43 CLC (AD)
....000 as commission @ 3% of the sale price amounting to Taka 14.5 crores and the Mill refused to make payment of the amount and there being thus a breach of the agreement, the respondent under the provisions of the agreement dated 29-3-1994 filed application before the Registrar of Metropolitan C......re, the Cross Appeal No.5/2001 filed by the respondent praying for interest on the award amount, which was not allowed either by the Arbitrators nor by the Court below, was misconceived, untenable in law and outside the scope of section 39 of the Arbitration Act, 1940 and hence, the said Cross Appea..Category: Civil Law | Date: 23 Apr, 2014 | Hits: 10
হোটেল পূর্বাণী ইন্টান্যাশনাল লিমিটেড বনাম কমিশনার অব ট্যাক্সেস, 2014, 43 CLC (HCD)
....ল না। বিচারপতি মোঃ ইমদাদুল হক আজাদ.- আমি একমত হইলাম। Ed. This Case is also Reported in: ......o estimation under section 35(4) of the Ordinance and thereby both of them acted illegally and that illegal order has been mechanically affirmed by the Appellate Tribunal which cannot be sustained in law. ২৫। উপরোক্ত মোকাদ্দমাসমূহ ব্যতীত..Category: Fiscal/Taxation Law | Date: 22 Apr, 2014 | Hits: 4
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 ......ree situated at the north-east corner of her dwelling hut. At then, accused hurled acid upon her from the back causing burn injuries to her head, face, shoulder, chest and back. On her alarm, in-laws including locals rushed to the scene to whom she disclosed the facts. Then she was taken to Pal..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)
....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. ......s of the exhibits 3 and 2 series being 30 years old are required to be proved. Learned Judge being final Court of fact has jurisdiction under section 107 of the Code of Civil Procedure to decide this law point by reference to the exhibits. Although documents produced by the plaintiffs are ..Category: Property Law | Date: 6 Apr, 2014 | Hits: 9
State Vs. Shajahan Bepari and others, 2014, 43 CLC (HCD)
....n 5(2) of Act II of 1947. 4. Eventually, the case was taken up for trial by the learned Additional Sessions Judge, Fifth Court and Special Judge, Dhaka who also framed charge under the aforesaid provisions and then by the impugned order dated 20-8-1991 stopped the proceedings and released the a......ass time for the trial as contemplated under section 339C(4) of the Code. Secondly: The State was always ready and willing to conclude the trial within the specified period as provided under the law but due to the non-cooperation of the opposite parties the time limit ran out. Thirdly: In ..Category: Criminal Law, Procedural Law | Date: 3 Apr, 2014 | Hits: 3
AZM Tajul Islam vs. Government of Bangladesh and others, 2014, 43 CLC (HCD)
....e further submitted that the instant Rule relates to conditions of service, as the petitioner is claiming promotion, which is amenable before the Administrative Tribunal as constituted under the provisions of Article 117 of the Constitution and in that regard our Apex Court has time and again h...... J.- The instant Rule was issued on 24-10-2013 calling upon the respondents to show cause as to why the impugned Memo dated 9-10-2013 (annexure-H) shall not be declared to have been made without lawful authority and is of no legal effect, and why they shall not be directed to promote the petiti..Category: Administrative Law | Date: 3 Apr, 2014 | Hits: 6
Bibi Joynab Begum Chowdhury and others Vs. Osi Mia alias Osi Mia Sawdagar, 2014, 43 CLC (AD)
....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. ......erial statements made in the plaint. His case, in short, is that the suit is not maintainable in its present form and manner, which is not properly valued and adequately stamped and is barred by law of limitation. Defendant No.1was a monthly temporary tenant under defendant No.2 in a shop ..Category: Property Law | Date: 19 Mar, 2014 | Hits: 15
....from April 2011, within 2(two) weeks from the date of receipt of this judgment.
Communicate copies of the judgment at once.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 46.
......made absolute
Constitution of Bangladesh, 1972; Article 102(2)
The nature of order stopping salary, allowances and keeping off the indicted employee from duty is unheard of and not known to law. Law provides entitlement of allowance to the public servants or employees of other public bodie..
Category: Constitutional Law, Employment/Service Law | Date: 13 Mar, 2014 | Hits: 6
Ekramul Haque Balbul Vs. Md. Faiz and others, 2014, 43 CLC (AD)
....nor substantiated by the contents of the report. It was observed that Annexures-C and D show that Justice Faizee duly passed in the LLB examination and Annexure-E shows that he was also issued a provisional certificate testifying that he passed the LLB examination in 1989. We find fro......ed his LLB examinations thereby interfering with the administration of justice and shaking the public confidence. 3. After obtaining his Bachelor of Arts degree, Justice Faizee studied law at the Chittagong Law College under the Chittagong University. He appeared in the LLB preliminar..Category: Constitutional Law, Contempt of Court Law | Date: 11 Mar, 2014 | Hits: 16
....Serial No.17 the posts of (a) District Education Officer (b) Headmaster and (c) Headmistress have been given the same status and have been placed in the same position. However, the said Rule contains provision for filling up the respective posts 80% by promotion from the feeder posts of the Ass......ict Education Officer, should not be declared to be ultra vires to the Bangladesh Civil Service Recruitment Rules, 1981 and Articles 27 and 29 of the Constitution and to have been issued without lawful authority and is of no legal effect and also as to why the respondents concerned should not b..
Category: Constitutional Law, Employment/Service Law | Date: 9 Mar, 2014 | Hits: 3
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