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

....se and the order passed by the Tribunal is fully justified. Hence, the reference application is liable to be rejected without answers to the questions framed. 7. Mr. Md. Asaduzzaman, the learned Advocate for the assessee-applicant appearing with Mr. S. M. Aslam takes us through the reference ap...... Present: Zinat Ara J S. H. Md. Nurul Huda Jaigirdar J Bangladesh Rural Advancement Committee (BRAC), BRAC Centre, Dhaka-1212……………Applicant Vs. The Commissioner of Taxes, Taxes Zone-5, Shegun Bagicha, Dhaka………&hell......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:     ..

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

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

....4 of the Act if any share or por­tion thereof of any other owner of holding or plot is transferred…………….. (17) Lawyers Involved: Mahbubey Alam, Senior Advocate instructed by Chowdhury Md. Zahangir, Advocate-on-Record—For the Appellants. Suf......t Appellate Division (Civil) Present: Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Asad Ali (Md.) and another....................Appellants Vs. Golam Sarwar and others……………………&hel......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.     ......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.     ..

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)

....of the Tribunal and, as such, the grounds are not tenable in law and the reference applications are liable to be rejected without answer to the questions raised. 11. Md. Asaduzzaman, the learned Advocate appearing with S. M. Aslam for the assessee-applicant, at the outset, submits that he only ...... S. H. Md. Nurul Huda Jaigirdar J Bangladesh Rural Advancement Committee (BRAC), BRAC Centre 75, Mohakhali Commercial Area, Dhaka-1212.................Applicant (In both the applications) Vs. The Commissioner of Taxes, Taxes Zone-5, Second 12-Storied Building, Segun Bagicha, Dhaka&h...... 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: ..

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

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

....ng of this partition deed into evidence and making of the same as exhibit has been illegal……………….....(15). Lawyers Involved: Mahmudul Islam, Senior Advocate with Probir Neogi, Advocate instructed by Md. Nawab Ali, Advocate-on-Record—For the P...... (Civil Appellate Jurisdiction) Present: Nazmun Ara Sultana J Syed Mahmud Hossain J Md Imman Ali J Nurul Hoq Bhuiyan.....................................Petitioner Vs. Momtazul Islam and others.........................Respondents Judgment May 12, 20...... 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. ..

Category: Property Law | Date: 12 May, 2014 | Hits: 6

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

....he Tribunal and, as such, the grounds are not tenable in law and the reference applications are liable to be rejected without answer to the questions raised. 11. Mr. Md. Asaduzzaman, the learned Advocate appearing with Mr. S. M. Aslam for the assessee-applicant, at the outset, submits that he o...... S. H. Md. Nurul Huda Jaigirdar J Bangladesh Rural Advancement Committee (BRAC), BRAC Centre 75, Mohakhali Commercial Area, Dhaka-1212.....................Applicant in both the applications Vs. The Commissioner of Taxes, Taxes Zone-5, Second 12-Storied Building, Segun Bagicha, Dhaka&h......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:   ..

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

Abdul Hamid (Ujir) Vs. State and others, 2014, 43 CLC (HCD)

.... refused by the local police station to accept her FIR nor she stated such story of refusal on oath in her petition of complaint....... (14 & 13) Lawyers Involved: Md. Shakhawat H Khan, Advocate—For the Petitioner. Md. Shahidul Islam Khan, AAG—For the Opposite Party (S......nbsp; High Court Division (Criminal Miscellaneous Jurisdiction) Present: Md. Nizamul Huq J Md. Jahangir Hossain J Abdul Hamid (Ujir).............Accused Petitioner Vs. State and others…………………….Opposite-P...... Nirjatan Damon Tribunal, Habigonj is hereby quashed. Send a copy of this judgment to the con­cerned Court immediately. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 154 ...... Nirjatan Damon Tribunal, Habigonj is hereby quashed. Send a copy of this judgment to the con­cerned Court immediately. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 154 ..

Category: Criminal Law, Women and Children | Date: 8 May, 2014 | Hits: 5

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

....ed. Cases Referred to- Mohiuddin Khan Alamgir Vs. Anti-Corruption Commission, 15 BLC 107. Lawyers Involved: Biswajit Deb Nath, Deputy Attorney-General, instructed by Sufia Khatun, Advocate-on-Record—For the Petitioner (In Criminal Petition No.I11 of 2011) Khurshid Alam......d. Imman Ali J State..........................Petitioner (In Criminal Petition No.117 of 2011) Anti-Corruption Com­mission..........Petitioner (In Criminal Petition No.210 of 2011) Vs. Faisal Morshed Khan and another.................Respondents (In both the cases) Judgme......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. ......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. ..

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

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

.... DLR 310; Associated Provincial Picture House Vs.Wednesbury Corp (1948) 1 KB 223; Roncarelli Vs. Duplessis 16 DLR (2d) 689. Lawyers Involved: Khurshid Alam Khan with Kazi Md. Arifur Rahman, Advocates—For the petitioner Samarendra Nath Biswas, A.A.G—For the respondents ......on (Special Original Jurisdiction) Present: M. Moazzam Husain J Md. Badruzzaman J Md. Abul Bashar………………..............Petitioner Vs. Government of Bangladesh, represented by the Secretary, Ministry of Law, Justice and Parlia......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: ......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: ..

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)

....ve petition, no attempt has been made to attack the finding of the High Court Division in that respect…………….. (15) Lawyers Involved: Sheikh Awsafur Rahman Advocate instructed by Sufia Khatun, Advocate-on-Record—For the Petitioner. Sheikh Muham...... Md. Abdul Wahhab Miah J Hasan Foez Siddique J AHM Shamsuddin Chowdhury J Director General, Bangladesh Standards and Testing Institution…………Petitioner Vs. Matiur Rahman and others……………………&he......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. ......tition. Accordingly, the same is dismissed. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 138. ..

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

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

....Development Corporation, AIR 1994 SC 988 and India Vs. Kamdhenu Cattle Feed Industries, 1993 SC 160;R Vs. Home Secretary ex P Hargreaves, 1997 IWL. Lawyers Involved: AJ Mohammad Ali, Senior Advocate, instructed by Syed Mahbubur Rahman, Advocate-on-Record—For the Petitioner [In both t......                  Ayub Hossain Khan (Md.)................................Petitioner [In both the cases] Vs. Bangladesh and others (In Civil Petition 1901 of 2011)     Human Rights......the learned Advocate and his client resorted to clear fraud upon the Court for which they deserve to be reprimanded. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 215.   ......hich they deserve to be reprimanded. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 215.   ..

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

Sharif Miah Vs. Rina and anothers, 2014, 43 CLC (HCD)

.... case as it thinks fit" occurring in section 115(1) read with section 151 of the Code……………….(8 & 9) Lawyers Involved: Zaharul Islam Mukul, Advocate—For the Petitioner. Mohammad Alt, Advocate—For the Opposite Parties. ......High Court Division (Civil Revisional Jurisdiction) Present: Md. Emdadul Huq J Sharif Miah…………………….........Petitioner Vs. Rina and another………............Opposite Parties Judgment May......r shall also be fur­nished free of cost to the learned Advocates for both sides. Hearing adjourned till 6-4-2014. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 16   ......r shall also be fur­nished free of cost to the learned Advocates for both sides. Hearing adjourned till 6-4-2014. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 16   ..

Category: Civil Law, Women and Children | Date: 3 May, 2014 | Hits: 5

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

....tion Act. 9. Being aggrieved by and dissatisfied with the aforesaid judgment and decree, the plaintiff filed the aforesaid appeal before this Court. 10. Mr. Abdul Wadud Bhuiyan, the learned Advocate appearing on behalf of the appellant, has submitted that there are as many as 4(four) agree...... ......t is directed to proceed with the suit as per law. Send down the lower Court's records at once. Communicate the order. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 2008 ......t is directed to proceed with the suit as per law. Send down the lower Court's records at once. Communicate the order. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 2008 ..

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

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

....bsp;  Result: The leave petition is dis­posed of on terms. Case Referred to- Gannysons Ltd Vs. Sonali Bank, 37 DLR (AD) 42. Lawyers Involved: Abdullah-al-Mamun, Advocate instructed by Nurul Islam Bhuiyan, Advocate-on-Record—For the Petitioners. Shafi...... Surendra Kumar Sinha J  Md. Abdul Wahhab Miah J AHM Shamsuddin Chowdhury J      Parul Nath and others...............................Petitioners Vs. State …......................................................Respondent Judgmen......urt Division in Criminal Miscellaneous Case No.4296 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. ......stand Accordingly. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 77. ..

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

Pubali Bank Limited Vs. Commissioner of Taxes, 2014, 43 CLC (HCD)

....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 learned Advocate for the assessee-applicant at the out set submits that he does not press questions (iii) an......Zinat Ara J S. H. Md. Nurul Huda Jaigirdar J Pubali Bank Limited, Head Office, Central Accounting Division, Dhaka-1000…………………Applicant Vs. The Commissioner of Taxes, Taxes Zone-5, Dhaka……………Respo......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:   ..

Category: Fiscal/Taxation Law | Date: 27 Apr, 2014 | Hits: 6

Chittagong Steel Mills Ltd and another Vs. MEC, Dhaka & others, 2014, 43 CLC (AD)

.... Result: The appeal is dismissed. Cases Referred to- WAPDA Vs. Khanzada Md. Abdul Haque Khan Khattak and Company, PLD 1990 SC 359. Lawyers Involved: Quamrul Hoque Siddique, Advocate, instructed by Mvi. Md. Wahidullah, Advocate-on-Record—For the Appellants. Syed ...... Appellate Division (Civil) Present: Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Chittagong Steel Mills Ltd and another.................Appellants Vs. MEC, Dhaka & others .......................................Respondents Judgment ......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.   ......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.   ..

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

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

....ndents Judgment          April 17, 2014.   Result: The petition is disposed of. Lawyers Involved: Mahbubey Alam, Senior Advocate, instructed by M Wali-ul-Islam, Advocate-on-Record—For Petitioners. Sikder Mokbu......) Present: Nazmun Ara Sultana J Syed Mahmud Hossain J            Nur Mohammad and others...................Petitioner Vs. Mosammat Kamla Khatun and others..........Respondents Judgment     ......ide and the suit is remanded to the trial Court. The trial Court is directed to dispose of the suit as expeditiously as possible. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 205 ......ide and the suit is remanded to the trial Court. The trial Court is directed to dispose of the suit as expeditiously as possible. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 205 ..

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

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

....LR 750; AIR 1921 (PC) 69; Safder Ali Vs. Crown, 5 DLR (FC)107; Moslemuddin Vs. State 1 BCR (1981) 70; Zafar Vs. State 14 BLD 280; Nausher Ali Sarder Vs. Lawyers Involved: SM Mahbubul Islam, Advocate with Mohammad Shawkatnllah Khan, Advocate—For the Convict-Appellant.   ...... High Court Division (Criminal Appellate Jurisdiction) Present: Syed Md. Ziaul KarimJ  Ashish Ranjan Das J Ibrahim..............................Convict-Appellant Vs. State.......................................Respondent Judgment April 16, 2014.&n......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   ..

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)

....intiffs 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 defendants reside, whether they have any home......: Sharif Uddin Chaklader J Md. Saifur Rahman Abu Taher J   Borun Khatun and others………………Defendant-Respondent-Petitioners Vs. Md. Hebaj Uddin Pramanik and another..........Plaintiff-Appellant-Opposite Parties Jud......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. ......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

AZM Tajul Islam vs. Government of Bangladesh and others, 2014, 43 CLC (HCD)

....ernment of Bangladesh, VIII ADC 787; Matiur Rahman Vs. Bangladesh, 50 DLR 357; AKM Kawser Ahmed Vs. Bangladesh, 65 DLR 37. Lawyers Involved: Salauddin Dolon and Md. Mohammad Sherajul Monir, Advocates—For the Petitioner. MK Rahman, Additional Attorney-General, Biswojit Roy, Deput...... Court Division (Special Original Jurisdiction) Present: Quazi Reza-ul-Hoque J ABM Altaff Hussain J AZM Tajul Islam...........................................Petitioner Vs. Government of Bangladesh and others.............Respondents Judgment April 3, 201......seniority and experience, on the basis of the ACR within 15 days of receipt of this judgment and order. Ed. This Case is also Reported in: 20 BLC (HCD) (2015) 266.     ......seniority and experience, on the basis of the ACR within 15 days of receipt of this judgment and order. Ed. This Case is also Reported in: 20 BLC (HCD) (2015) 266.     ..

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)

....prove his possession in the schedule land he could not avail of the benefit of the illustra­tion-' h' to section 3 of the Act.......(14) Lawyers Involved: Mahmudul Islam, Senior Advocate, instructed by Syed Mahbubur Rahman, Advocate-on-Record—For the Petitioners. Abd...... Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Md. Anwarul Haque J Bibi Joynab Begum Chowdhury and others………..................Petitioners Vs. Osi Mia alias Osi Mia Sawdagar....................Respondents Judgment March 9, 2......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.     ......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