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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: ......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)
.... 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 ......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
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. ......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)
....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 ...... 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)
....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. ...... 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)
....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: ...... 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)
....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. ......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)
....e decided according to the law as it existed when the action was begun, unless the new statute shows a clear intention to vary such rights. Where the legislature has made its intention clear that the amending Act should have retrospective operation, there is no doubt that it must be so construed, ev......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)
....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. ...... 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
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. ......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
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. ......it Petition No.3705 of 2013) Nusrat Jahan, AAG—For the Respondent-Government Writ Petition Nos. 10166 & 3705 of 2013. Judgment Farah Mahbub J. - Since common question of law and facts are involved in both the Rules Nisi and, as such, those have been heard together and a..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 ......etitioners from contesting the directors' election in the 30 AGM of the respondent Bank, the scrutiny committee of the Respondent No. 2, Office of the Chief Election Commissioner, illegally and unlawfully issued a notice dated 14-8-2013 holding that the petitioners were not qualified to contest ..Category: Banking Law, Corporate Law | Date: 25 Feb, 2014 | Hits: 9