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Uniroyal Securities Ltd. Vs. Commissioner of Taxes, 2011, 40 CLC (HCD)
....any order as to cost. The Registrar of the Supreme Court is directed to take necessary steps under section 162 of the Ordinance. Ed. This Case is also Reported in: 63 DLR (2011) 676. ......debentures, mutual funds, bonds or securities transacted by the company at the time of payment for such transaction. The applicant submitted his return showing his income in two heads (i) income from share trading business and (ii) income from bank interest. The applicant has no case against th......any order as to cost. The Registrar of the Supreme Court is directed to take necessary steps under section 162 of the Ordinance. Ed. This Case is also Reported in: 63 DLR (2011) 676. ......that the applicant is engaged in share trading business as a limited company and a regular tax payee. Under section 53BBB of the Ordinance as a regular payee he paid tax at the rate of 0.015% at source on the value of shares, debentures, mutual funds, bonds or securities transacted by the ..Category: Fiscal/Taxation Law | Date: 21 Mar, 2011 | Hits: 123
Md. Ferajtullah Sheikh Vs. Md. Yusuf Ali and others, 2011, 40 CLC (HCD)
....he result, the Rule is discharged without any order as to costs. The order of status quo passed on 6.8.2002 is vacated. Send down the lower Court records. Ed. This Case is also Reported in: ......t for the purpose of contesting the case. The Courts below also held that the conveyance deed dated 25.6.1992 was out and out a sale deed. There is nothing wrong and illegality requiring interference from the revisional Court and as such the Rule is liable to be discharged. 8. I have perused the ......ained the Rule and subsequently got an order of status quo on 6.8.2002. 6. Mrs. Joya Barttacharjee, learned Advocate appearing for the petitioner submits that the lower appellate Court without any independent discussion over the issues mechanically dittoed the trial Court’s judgment and thereby......he result, the Rule is discharged without any order as to costs. The order of status quo passed on 6.8.2002 is vacated. Send down the lower Court records. Ed. This Case is also Reported in: ..Category: Property Law | Date: 20 Mar, 2011 | Hits: 59
Anwarul Alam (Md.) Vs. Pubali Bank Ltd and others, 2011, 40 CLC (HCD)
.... it is liable to be discharged. 32. In the result, the Rule is discharged. There will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 448. ......e impugned office order vide memo No. PBI/N.GONJ/ Release Order LPR 405/09, dated 25-2-2009 (Annexure-D) purported to have been issued by the respondent No.7 allowing the petitioner to go on LPR from 25-2-2009 should not be declared to have been made without any lawful authority and hence, of n......nally created, it may be said that such company or enterprise has maintained its corporate character. If, this is not so and its functioning is seen to be controlled by the Corporation, whatever independent entity it might have before its becoming a nationalized enterprise or company is submerg...... it is liable to be discharged. 32. In the result, the Rule is discharged. There will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 448. ..Category: Constitutional Law, Employment/Service Law | Date: 13 Mar, 2011 | Hits: 3
Kazol and others Vs. State, 2011, 40 CLC (HCD)
.... যাবার কথা বলে ডেকে নেয়”। thus even the last seen theory the prosecution made a different story by the different P.Ws. thus the last seen theory did not get corroboration amongst each other, although it has not been in the charge. Thus this contention subse...... the accused persons, wherein they pleaded not guilty and claimed to be tried. 5. During trial the prosecution examined 11 witnesses and defence examined none. 6. The defence case as it appears from the trend of cross examination of the P.Ws that the case was false and they were implicated fal......e directed to set at liberty at once if not wanted in connection with any other case. Send down the L.C. records at once. AKM Zahirul Haque J.- I agree. Ed. This Case is also Reported in: ......e directed to set at liberty at once if not wanted in connection with any other case. Send down the L.C. records at once. AKM Zahirul Haque J.- I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: 2 Mar, 2011 | Hits: 48
....ARK (SCSD), CHILD DOMESTIC WORKERS – LIVING INSIDE ROOM AND OUTSIDE LAW AND ROLE OF GOVT. AND CIVIL SOCIETIES IN BANGLADESH , 36-37 (2009) [hereinafter SCSD REPORT ON CHILD DOMESTIC WORKERS].
......ant in future. It is further stated that respondent No. 3 is also taking steps to make people aware by making publicity so that maid-servants and other similarly placed working persons get protection from the State functionaries by making enforcement of fundamental rights in every sphere.
5. The ......ARK (SCSD), CHILD DOMESTIC WORKERS – LIVING INSIDE ROOM AND OUTSIDE LAW AND ROLE OF GOVT. AND CIVIL SOCIETIES IN BANGLADESH , 36-37 (2009) [hereinafter SCSD REPORT ON CHILD DOMESTIC WORKERS].
......ll as others, who choose domestic labour as a means of livelihood.
33. So far as monitoring of the movement of domestic workers, particularly child workers, is concerned, a form of registration at source, i.e. by the existing local government set-up, namely the Union Parishad, would also help to ..
Category: Women and Children | Date: 15 Feb, 2011 | Hits: 265
Md.Hasanul Islam Hanif Vs. State, 2011, 40 CLC (HCD)
.... January 26, 2011. Result: The Rule is made. In view of section 134 of the Evidence Act, conviction can be based on the testimony of a solitary witness and it is not necessary to seek corroboration always from independent sources. Adverse presumption under section 114(g) of the Evide...... Result: The Rule is made. In view of section 134 of the Evidence Act, conviction can be based on the testimony of a solitary witness and it is not necessary to seek corroboration always from independent sources. Adverse presumption under section 114(g) of the Evidence Act is, essential......esult: The Rule is made. In view of section 134 of the Evidence Act, conviction can be based on the testimony of a solitary witness and it is not necessary to seek corroboration always from independent sources. Adverse presumption under section 114(g) of the Evidence Act is, essentially, a......The Rule is made. In view of section 134 of the Evidence Act, conviction can be based on the testimony of a solitary witness and it is not necessary to seek corroboration always from independent sources. Adverse presumption under section 114(g) of the Evidence Act is, essentially, a question of..Category: Evidence Law | Date: 26 Jan, 2011 | Hits: 7
Mahbub Ahmed Chowdhury Vs. Chief Election Commissioner and others, 2011, 40 CLC (AD)
....judgment and order passed by the High Court Division. Accordingly, the Civil Petition for Leave to Appeal is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 283. ......ourt cases. . . Amendment' is a change in some of the existing provisions of a statute . . . a law is amended when it is in whole or in part permitted to remain and something is added to, or taken from it, or it is in some way changed or altered in order to make it more complete or perfect or ef......g upon the respondents to show cause as to why clause (3a) of Article 12 of the Representation of the People Order, 1972 inserted by Ordinance No.42 of 2008 providing that nomination paper of an independent candidate shall be delivered along with a list of signatures of one percent electors ......ny criminal offence or not; (c) whether he has any past criminal record, and if any, the judgment of the case; (d) description of his profession or business; (e) probable sources of his income; (f) a statement of property or rebt of his own or his dependents;..Category: Constitutional Law | Date: 23 Jan, 2011 | Hits: 11
StateVs. Noor Islam and others, 2011, 40 CLC (HCD)
....ng confession. According to the Rule of Law conviction can be based solely on the confession against it's maker, if it is found voluntary and true though the Rule of prudence may require some sort of corroboration with giving facts. It is not necessary that each and every circumstances mentioned in ......me there for fetching Shilpi Khatun. The accused Noor Islam stayed in that house for a week. Thereafter, on 31.10.2002 at 4-30 P.M. the accused Noor Islam got into a bus with the victim Shilpi Khatun from Jhoudanga Bus-stand for going to his own village of Nilkantha Nagar. On that-date, at about 6-3......hich resulted in her death. The said sharee was found lying beside the dead body which has been marked as material Ext.I. The confessional statements of the condemned-prisoners lend assurance to this independent material evidence whereby Shilpi Khatun was strangulated to death causing ligature mark ......nce to pay a fine of Tk. 1,00,000/- each, in default to pay the fine, they are to suffer rigorous imprisonment for two years more each. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 141...Category: Women and Children | Date: 13 Jan, 2011 | Hits: 195
State Vs. Alam, 2011, 40 CLC (HCD)
.... prosecution case, he further argues, makes conviction unsafe and unsustainable given that the evidence adduced has been either scant or absent or unreliable and contradictory where available without corroboration on material issues by reliable testimony. That prescription for judicial circumspectio......e philandering Alam demanding dowry and subjecting Vanu to physical abuse for the same. On 25-12-2002 at around 8-00 PM the condemned-prisoner and his brother Amanat asked Vanu to bring Taka one lakh from her father and her brother Rezaul Karim that very night threatening to kill her if she failed. ...... to be reversed (State of Maharashtra Vs. Raju Bhaskar Potphode reported in (2007) 11 Supreme Court. 22. Furthermore, it is to be noted here that the P.W.3 neighbour, who may be identified as an independent witness, testified to having heard Alam and Vanu violently quarrelling and about dowry e...... Nari-o-Shishu Nirjatan Daman Tribunal, Kushtia immediately. Send down the Lower Court Records. Communicate this Order at once. Ed. This Case is also Reported in: 16 BLC (2011) 816. ..Category: Women and Children | Date: 11 Jan, 2011 | Hits: 176
Gulshan Club Ltd. Vs. Chairman, National Board of Revenue and another, 2010, 39 CLC (HCD)
....is discharged without any order as to cost. The order of stay granted earlier by this Court is hereby vacated and recalled. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 29. ......dent No.1, National Board of Revenue (NBR), in the year 2003 had exempted the Dhaka Club Ltd., a similar organization like that of Gulshan Club Ltd. which was also registered under Companies Act 1913 from submitting tax return and eventually it has been exempted from paying taxes for subsequent year......tive upon any person having a TIN number to file a return but the decision to give exemption under section 44(4) from paying tax absolutely lies with the discretion of the Government. These are all independent provisions and clearly spelt out their respective intention without any ambiguity. ......is discharged without any order as to cost. The order of stay granted earlier by this Court is hereby vacated and recalled. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 29. ..Category: Fiscal/Taxation Law | Date: 13 Dec, 2010 | Hits: 48
Hasna Ahmad Vs. State and another, 2010, 39 CLC (HCD)
....ion Act, 1947, now pending before the 3rd Court of the Special Judge, Dhaka are quashed so far as it relates to the petitioner. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 206. ......8-8-2006. Anyway, on 29-3-2007, an ejahar was lodged with Motijheel Police Station, DMP, Dhaka by one Mr. Shafiul Alam, Assistant Director, Anti-Corruption Commission, Dhaka stating, inter alia, that from 2004 to 2006. Mr. Mirza Abbas Uddin Ahmed, the then Minister for Housing and Public Works, abus...... Ali Akkas Vs. Enayet Hossain reported in 17 BLD (AD) 44. 23. In the case of Sher Ali Vs. State reported in 46 DLR (AD) 67, the Appellate Division has held that the inherent power may be invoked independent of power conferred by any other provisions of the Code of Criminal Procedure and this po......ion Act, 1947, now pending before the 3rd Court of the Special Judge, Dhaka are quashed so far as it relates to the petitioner. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 206. ..Category: Anti-Corruption Laws | Date: 1 Dec, 2010 | Hits: 189
Fatema Begum Vs. The Artha Rin Adalat, Narayangonj and others, 2010, 39 CLC (HCD)
.... photo copies there for. The office is directed to send a copy of this judgment to the Artha Rin Adalat, Narayangonj at once. Nazmun Ara Sultana J. - I agree. This Case is also Reported in: ......nherited the said property after the demise of their father Dudu Mian and have been enjoying and possessing the same for more than twelve years without any interruption. She (petitioner) came to know from a reliable source on 18.2.2010 that their land would be auctioned in execution of a mortgage de...... photo copies there for. The office is directed to send a copy of this judgment to the Artha Rin Adalat, Narayangonj at once. Nazmun Ara Sultana J. - I agree. This Case is also Reported in: ......d property after the demise of their father Dudu Mian and have been enjoying and possessing the same for more than twelve years without any interruption. She (petitioner) came to know from a reliable source on 18.2.2010 that their land would be auctioned in execution of a mortgage decree passed by t..Category: Banking Law | Date: 11 Nov, 2010 | Hits: 14
Ms. Syeda Rizwana Hasan Vs. Bangladesh and others, 2010, 39 CLC (AD)
....cute the officers responsible. The appeal is dismissed with the above observations without any order as to costs. Ed. This Case is also Reported in: 9 ADC (2012) 816, 18 BLC (AD) (2013) 54. ...... Road No.22 and connecting it to Road No.20. The writ respondent No.2 has already initiated the process to implement the layout plan and has started allotting plots on the lakeside land deviating from the original Master Plan. The reclamation and allocation of the plots on lake side has created ......cute the officers responsible. The appeal is dismissed with the above observations without any order as to costs. Ed. This Case is also Reported in: 9 ADC (2012) 816, 18 BLC (AD) (2013) 54. ......of the sanctity of democratic institutions-independence of judiciary, existence of grievances redressal forums; and d) Where administrative decision related to development are harmful to the resources such as air or water. 12. In BRAC Vs. Professor Mozaffar Ahmed, 54 DLR (AD) 36, Professor..Category: Environmental Law | Date: 8 Nov, 2010 | Hits: 258
Redwan Ahmed Vs. Bangladesh, 2010, 39 CLC (HCD)
....il already granted to him by this Division. The order of stay granted earlier by this Court is hereby vacated and recalled. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 70. ......ouncil, at he instance of the then Vice-Chairman (at present Chairman) Md. Kabir Ahmed, without any organization's approval by abuse of their powers withdrew Taka 50,00,000 (Taka fifty lakh) from the said Bank account vide Cheque No. 1474231 dated 11-6-2002 for an amount of Taka 20,00,000; ......as taken by the Special Judge on 17-7-2007, but there was no sanction under section 32(1) as required for taking cognizance by the Court. Such sanction for taking cognizance is separate, distinct and independent from the sanction required for submitting the charge sheet under section 32(2). Such san......discussed in the FIR in the said case can only be decided on evidence at the trial observed: "Whether the appellant has disproportionate wealth, whether he has concealed his known source of income, whether there is mis-joinder of charges and whether the trial of the appellant on ..Category: Anti-Corruption Laws | Date: 25 Oct, 2010 | Hits: 211
British American Tobacco Bangladesh Company Ltd. Vs. Begum Shamsun Nahar, 2010, 39 CLC (AD)
....dings and observations we do not find any merit in the leave petition. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 80. ......exual harassment and tortious liability Sexual harassment has a devastating effect on both the economic opportunities and the physical and emotional well-being of working woman. Victim suffers from insomnia, depression, nervousness, fear, feeling of powerlessness and other symptoms of psycho......usness, fear, feeling of powerlessness and other symptoms of psychological harm which sometimes lead to a complete emotional breakdown. In consequence of this emotional breakdown and sometimes independently physical effects such as headache, loss of appetite, loss of weight, nausea and fatig......g position with a young married lady known to her and everyone else in the office. On 31-7-2003 i.e. a day later the plaintiff received a letter from Mr. Quazi Mohammad Shahed, the Head of Human Resources, terminating the plaintiff-respondent's service with effect from 1-8-2003 i.e. the very nex..Category: Women and Children | Date: 13 Oct, 2010 | Hits: 21
Ayub Ali Sheikh alias Buna Vs. State, 2010, 39 CLC (HCD)
....oes not support the prosecution case. 23. Law is settled that conviction can be sustained based on the deposition of the victim of sexual assault unless there are compelling reason to look for corroboration of her statement, as has been held in 51 DLR 154. But in this case, the deposition of ......d her daughter saying that he would give her sugar-cane. By saying that, the accused took her daughter in a nearby sugar-cane field and rapped her; thereafter her daughter returned back with bleeding from her genital organ and had narrated the story. On the next day her daughter was treated by Dr. K......ss his detention is required in connection with any other case. Send down the Lower Court Record at once. Communicate the order at once. Ed. This Case is also Reported in: 63 DLR (2011) 55.......ss his detention is required in connection with any other case. Send down the Lower Court Record at once. Communicate the order at once. Ed. This Case is also Reported in: 63 DLR (2011) 55...Category: Women and Children | Date: 11 Oct, 2010 | Hits: 154
Nurul Majid Mahmood Humayun Vs. Brigadier General Hassan PSC (Rtd.) and others, 2010, 39 CLC (AD)
....indings and observations, we do not find any merit in the leave petition. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 89. ......valid candidate for the constituency of Narsingdi-4 out of 6 candidates. The present petitioner, an Awami League nominee, Nurul Majid Mahmood Humayun (writ respondent No.13) who has been elected from the said constituency, was a loan defaulter till the date of swearing affidavit on 20-11-2008 a...... against the provisions of the Representation of the People Order, 1972 as Article 12(1) (b) clearly states that the candidate has to be nominated by a registered political party or has to be an independent candidate and the argument put forward by the Election Commissioner in para-2 of th......indings and observations, we do not find any merit in the leave petition. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 89. ..Category: Civil Law, Election Law | Date: 7 Oct, 2010 | Hits: 8
Orascom Telecom Bangladesh Limited Vs. National Board of Revenue and others, 2010, 39 CLC (HCD)
....etitioner prefers appeal before the Tribunal, the limitation in preferring the appeal would not operate as a bar in that event. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 319. ......titioner company is a mobile telecommunication service provider in Bangladesh under a valid license issued by Bangladesh Telecommunication Regulatory Commission and has duly obtained VAT registration from the national Board of Revenue as a Service Provider & Importer. In order to provide telecom......etitioner prefers appeal before the Tribunal, the limitation in preferring the appeal would not operate as a bar in that event. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 319. ......g the supply of the products and Ring Distribution informed that they deliver the products upon receiving it from the petitioner, who deducts 5% Income Tax from the commission of Ring Distribution at source. Therefore, notice declares that it is evident that Ring Distribution and the petitioner coll..Category: Fiscal/Taxation Law | Date: 7 Oct, 2010 | Hits: 174
Ain O Salish Kendra Vs. Bangladesh, 2010, 39 CLC (HCD)
.... (2011) HCD 36, 8LG (2011) HCD 1. ...... of such stories regarding children toiling in the ‘bidi’ factories in Rangpur the petitioners, Ain O Salish Kendra (ASK) and Aparajeyo Bangladesh filed the instant writ petition seeking an order from this Court declaring the continuous failure of the respondents to ensure healthy, hygienic and ......e Justice Forum be set up under the Constitution under the Chairmanship of a senior Judge of the Supreme Court with power to issue directions and guidelines on matters pertaining to children. Such an independent institution would be exclusively dedicated to oversee all matters concerning children an......hild labour is a phenomenon created by poverty. It is also noteworthy that poverty itself creates a vicious circle where poverty generates more poverty due to lack of education and properly managed resources. A Bangladesh report for the year, 2006 (Review of Child Labour, Education and Poverty Agend..Category: Women and Children | Date: 5 Sep, 2010 | Hits: 261
Abdur Rashid Gazi Vs. Nur Ali Gazi and others, 2010, 39 CLC (HCD)
....he time of issuance of the Rule is hereby recalled and vacated. Send down the lower Courts' records immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 315. ......more than 12 years thereby acquired the land by adverse possession. The defendant No.1 had no manner of title to and possession over the suit land but he gave out threat to dispossess the plaintiff from the suit land and hence the suit. 4. The petitioner as defendant No.1 contested the suit......he time of issuance of the Rule is hereby recalled and vacated. Send down the lower Courts' records immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 315. ......original kabalas were in the custody of the plaintiff but destroyed by white ants as such the certified copy of the documents was submitted. It was further contended that the defendant No.1 had no source of income. Plaintiff has mutated his name in the S.A. Khatian and had been possessing the lan..Category: Procedural Law | Date: 10 Aug, 2010 | Hits: 4
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