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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: ...... 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-respondent. ......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: ......on answered in the affirmative in favour of the department-respondent. Cases Referred to- The Commissioner of Taxes Vs. Bangladesh Rural Advancement Committee, reported in 51 DLR, 152. Lawyers Involved: Md. Asaduzzaman with S. M. Aslam—For the applicant in both the applicat..Category: Fiscal/Taxation Law | Date: 12 May, 2014 | Hits: 5
Abdul Hamid (Ujir) Vs. State and others, 2014, 43 CLC (HCD)
.... 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 ......le 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 the First Information Report in the first phose and if the complainant has been refused by the police/offic...... 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 ......appears that the complainant has earlier been 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 Is..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. ...... May 5, 2014. Result: Both the petitions for leave to appeal are dismissed. Cases Referred to- Mohiuddin Khan Alamgir Vs. Anti-Corr......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. ......p; Result: Both the petitions for leave to appeal are dismissed. 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, Advoc..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: ...... who retired from the said post on 01.01.2008. The post of Nikah Registrar thus fell vacant on account of retirement of the petitioner’s father. The local Chairman requested the Respondent No.3 for appointment of the petitioner as Nikah Registrar for the said Union. The petitioner having requi......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: ......J Md. Badruzzaman J Md. Abul Bashar………………..............Petitioner Vs. Government of Bangladesh, represented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs, Bangladesh Secretariat, Ramna, Dhaka and others…&hell..Category: Administrative Law, Constitutional Law | Date: 4 May, 2014 | Hits: 5
....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.
......titioner and 11 others were transferred to the revenue budget from the development budget with effect from 1-7-1989, have not been specifically controverted. The writ-respondents took similar stand before the High Court Division, but it rejected their contention with reference to the memos. In ......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.
......ntion with reference to the memos. In the leave 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..
Category: Employment/Service Law | Date: 4 May, 2014 | Hits: 7
Ayub Hossain Khan (Md.) Vs. Bangladesh and others, 2014, 43 CLC (AD)
....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. ......ub Hossain Khan (Md.)................................Petitioner [In both the cases] Vs. Bangladesh and others (In Civil Petition 1901 of 2011) Human Rights and peace for Bangladesh [In Civil Petition 1902 of 2011]……..Respondent Judgment May 4......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. ...... Vs. North and East Dewan Health. Authority ex-PCoughlan 2001 QB 213;R Vs. SOS Home Department ex-P Hargreaves, 1997 1 WLR 906; Schmidt Vs. Secretary of State for Home Affairs, 1969 All ER Vol. 1904; Laws LJ in R (Niazi) Vs. SOS for Home Department, 2008 EWCA CIV 755; R Vs. North and East Devon Heal..Category: Civil Law, Property Law | Date: 4 May, 2014 | Hits: 20
Khan Mohammad Ameer Vs. Atiqur Rahman and others, 2014, 43 CLC (HCD)
....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 ......he initial stage and can be decided only on the basis of evidence at the time of trial.......(41) The continuation of the suit is found to be an abuse of the process of the Court, if the suit is foredoomed or if the ultimate result of the suit is as clear as the daylight, the suit should be bur......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 ......6; Hyam Vs. Cubbay AIR 1916, 1(FB); Rossiter Vs. Miller 1878, 3 AC 1124, Hatzfeld Wildenburg Vs. Alexander 19121 Ch. 284-248 and AIR 1933 PC 31; Balwantsingh Vs. Raijaram, AIR 1975 Rajasthan 73. Lawyers Involved: Abdul Wadud Bhuiyan with Qunirul Haque Siddique and Abdul Barek Chawdhury&mda..Category: Civil Law, Procedural Law | Date: 30 Apr, 2014 | Hits: 6
Parul Nath and others Vs. State, 2014, 43 CLC (AD)
....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. ......inal jurisdiction. The Act, 1974 has provided the Tribunals with the power to pass necessary orders in case of confiscation of the property at the time of disposal of the case either in the form of acquittal or conviction, but it has not provided the Tribunals with any power to deal w...... stayed till October 20, 1981. In Writ Petition No.720 of 1981 a Rule was issued at the instance of the appellant company on October 20, 1981. But it abated on 24 March 1982 after the proclamation of Martial Law. In Miscellaneous Case No.958 of 1981 which was filed by the appellant Company unde...... Judgment April 27, 2014. 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-Re..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: ......llip;…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. Case......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: ......ys Bank Vs. the Commissioner of Taxes, in Income Tax Reference Application No. 229 of 2003; Pubali Bank Limited Vs. the Commissioner of Taxes, in Income Tax Reference Application No.112 of 2006. Lawyers Involved: A.S.M. Abdur Razzaque—For the applicant. Mahfuza Begum, AAG with ..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 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. ......iled an application under sections 14/17 of the Arbitration Act, 1940 in the Fifth Court of Subordinate Judge, Dhaka, stating, inter alia, that they were appointed as exclusive sales/commission agent for sale of different products of the appellant, Chittagong Steel Mills Ltd. (in short, the Mil......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. ......spondents Judgment April 23, 2014. 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..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: ......িষয়ে সিন্ধান্ত প্রদান করা হইয়াঠে; In the process of assessment, he may reject any allowance and/or deduction claimed under the Ordinance for reasons to be recorded. But he must remember as he could ask for evidence in support of any allo......ল না। বিচারপতি মোঃ ইমদাদুল হক আজাদ.- আমি একমত হইলাম। Ed. This Case is also Reported in: ......ল না। বিচারপতি মোঃ ইমদাদুল হক আজাদ.- আমি একমত হইলাম। Ed. This Case is also Reported in: ..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 ...... nature and also, revolting. The crime is against society and humanity, but the prosecution convicted the accused merely on suspicion that the accused committed such crime. There cannot be conviction for such crime on mere suspicion or presumption. The commission of murder must be proved. The presum......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 ......te, 1 BLC 558; Rekatfullah Vs. State, 13 DLR 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—F..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. ......by reference to the exhibits. 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 ......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. ......dge, for passing the judgment on the light of the observations made in the body of the judgment....... (9) Case Referred to- Joynal Abedin Mollah Vs. Atiar Rahman, 2 BCR (AD) 431. Lawyers Involved: Rowshan Alam Khan, Advocate—For the Defendant-Respondent-Petitioners. ..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 ......of 1983. 2. Facts in brief are that the accused opposite-parties in collusion with each other misappropriated Taka 15,000 from the SB Account of Mr. Jaharlal Shaha taking the chance of forgery and false persuasion. 3. The police after investigation submitted charge-sheet accusing......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 ...... a heinous crime. Stoppage of the trial did not mean an end of the woes of the accused. A revival would revive his woes. ... (18) Case Referred to- Md. Aslam Vs. State 19 DLR (SC) 242. Lawyers Involved: Sakila Rowshan, DAG with Sharmina Haqaue, AAG and Md. Shorwardhi, AAG—F..Category: Criminal Law, Procedural Law | Date: 3 Apr, 2014 | Hits: 3
AZM Tajul Islam vs. Government of Bangladesh and others, 2014, 43 CLC (HCD)
....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. ......r or orders as to this Court may seem fit and proper. And pending hearing of the Rule, there was an order of injunction from promoting any junior of the petitioner in the post of Chief Engineer (PWD) for a period of 6(six) months. 2. The facts necessary for disposal of the Rule, as has been sta......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. ......D) 193; M Abu Raihan Vs. Bangladesh, 7 BLC 44; Md. Anwarul Haque Vs. Government 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 Peti..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. ......hellip;……..................Petitioners 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 posse......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. ......and to the plaint. Unless the plaintiff could 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..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.
......atisfactory and not detrimental to the interest of the institution concerned mere defect/flaw of his/her academic records, not detected at the entry stage or soon thereafter, should not be the ground for her removal. ........... (15)
Lawyers Involved:
Zahirul Alam Babar, Advocate—For......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.
......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 bodies und..
Category: Constitutional Law, Employment/Service Law | Date: 13 Mar, 2014 | Hits: 6
Ekramul Haque Balbul Vs. Md. Faiz and others, 2014, 43 CLC (AD)
....mpugned judgement and order is set aside. Saber Hossain Chowdhury is exonerated from the charge leveled against him. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 208. ......118 of 2004 making the Rule absolute, finding the contemnors guilty of contempt and sentencing contemnor Nos. 1-4 and 6-7 to pay fine of taka 1,000 each, in default to suffer simple imprisonment for one month. Contemnor No. 5 was sentenced to suffer simple imprisonment for 2 months and to ......mpugned judgement and order is set aside. Saber Hossain Chowdhury is exonerated from the charge leveled against him. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 208. ......kanta Mishra Vs. Registrar of Orissa High Court, AIR SC 1974 SC710; Andre Paul Terence Ambard Vs. The Attorney General of Trinidad and Tobago, AIR 1936 PC 141 and Queen Vs. Gray, (1900) 2 QB 36. Lawyers Involved: Dr. Kamal Hossain, Senior Advocate, Sara Hossain, Advocate with him instructe..Category: Constitutional Law, Contempt of Court Law | Date: 11 Mar, 2014 | Hits: 16
SM Deen Islam Vs. Government of Bangladesh and others, 2014, 43 CLC (HCD)
....issue a fresh order in strict compliance of law, if so desires. There will be no order as to costs. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 34. ......11. On taking oath on 6-5-2011 he entered into the office of the said union parishad. It has been contended that the petitioner had been discharging his duties as Chairman of the said union parishad) for near about 2(two) years and that no complain whatsoever had ever been raised against him dur......e are liable to be discharged. 14. Previously with a view to provide for the constitution of union parishad for the union in rural areas and for matters incidental or ancillary thereto the Chief Martial Law Administrator had promulgated the Local Government (Union Parishad Ordinance, 1983) (in ......h and others..........Respondents Judgment March, 2014. Result: Both the Rules are made absolute. Cases Referred to- Bangladesh Vs. Lokman Patwari, 46 DLR (AD) 163. Lawyers Involved: AM Amin Uddin and Nakib Saiful Islam, Advocates —For the Petitioner (In..Category: Administrative Law, Constitutional Law | Date: 4 Mar, 2014 | Hits: 5
Hafiz Ahmed Mazumder Vs. Pubali Bank Limited, 2014, 43 CLC (HCD)
....me of admission of this petition is hereby vacated. The parties will bear their respective cost. This Case is also Reported in: 66 DLR (HCD) (2014) 234 ......hes located all over Bangladesh it's shares are listed and publicly traded in the Dhaka and Chittagong Stock Exchanges; that the Respondent No. 2 is the Office of the Chief Election Commissioner, for conducting election to the office of the Board of Directors in the 30th AGM of Pubali Bank Limit......me of admission of this petition is hereby vacated. The parties will bear their respective cost. This Case is also Reported in: 66 DLR (HCD) (2014) 234 ......ent February 25, 2014 Result: The petition is dismissed. Case Referred To- Md. Mazakat Harun & Ors. Vs. Export Import Bank of Bangladesh Ltd. 32 BLD (AD) (2012) 115. Lawyers Involved: Sheikh Fazle Noor Taposh with Md. Mehedi Hasan Chowdhury and AKM Rabiul Hassa..Category: Banking Law, Corporate Law | Date: 25 Feb, 2014 | Hits: 9
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