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Beautiful Bibi Vs. Md. Sydur Rahman, 2014, 43 CLC (HCD)

..... The photocopies of the said deposition and the Exhibits X, X (1) and X (2) attested by the Bench officer shall be retained. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 1 ......mplaint of Nari-o-Shishu Nirjatan Domon Tribunal Case No. 516 of 2007 (Exhibit- A) instituted by the plaintiff against the defendant and the discharge order dated 18-2-2009 (Exhibit-A) passed in that case. 13. Upon consideration of the evidence on record, the trial Court recorded findings that ....... The photocopies of the said deposition and the Exhibits X, X (1) and X (2) attested by the Bench officer shall be retained. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 1 ..

Category: Women and Children | Date: 19 May, 2014 | Hits: 29

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

.... Court of Bangladesh, is 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: ......he DCT on this ground. 5. In the above backdrops, the assessee filed the reference application formulating the following questions:- i) “Whether, in the facts and circumstances of the case, the Tribunal was justified in rejecting the appeal of the applicant and finding that to be fai...... Court of Bangladesh, is 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: 14 May, 2014 | Hits: 9

State and another Vs. Abdul Kader @ Mobile Kader and others, 2014, 43 CLC (AD)

.... under sections 302/120B of the Penal Code and he be released from Jail at once, if not wanted, in connection with any other case. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 6. ...... brother co-accused Lowrance and that the said dispute could not have been resolved despite his brother's eagerness to settle the difference. The Dhruta Bichar Tribunal No.1, Dhaka, which got the case for trial framed charge under sections 302/12OB/34 and 307 of the Penal Code against the respon......ϞāĻžāĻļ⧟) was created due to the erosion. The Bazar was fully established in 1997. Deceased-Moulana Abdul Quader entered into a contract with Sohrab Mia and Awal for purchasing about 2.00 acres of land adjacent to the Bazar. Accused-Mobile Quader told him (P.W. 3) to form a new Bazar committee by..

Category: Criminal Law | Date: 14 May, 2014 | Hits: 16

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

....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:     ......he DCT on this ground. 5. In the above backdrops, the assessee filed the reference application formulating the following questions:- i) “Whether, in the facts and circumstances of the case, the Tribunal was justified in rejecting the appeal of the applicant and finding that to be fai......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)

....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.     ...... Miscellaneous Case No.40 of 1994 under section 24 of the Non-Agricultural Tenancy Act against the pre-emptee-appellants and others stating, inter-alia, that they are co-sharers by inheritance in the case khatian. That the vendor opposite party No.3 Azimunnessa sold the case land by two kabalas date...... Section 24 Section 24 of the Non-Agricultural Tenancy Act does not say about the right of pre-emption of co-sharers of a holding but it says about the right of pre-emption of the sharers of the land. "Land" means land. 'Land' does not mean 'holding' or 'tenancy..

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)

.... 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: ...... 2001-2002) and 3064 of 2003-2004 (assessment year 2002-2003). 3. The facts of the reference applications are more or less similar and, as such, to avoid unnecessary repetition, the facts of the cases are summarized as follows: 4. The assessee-applicant Bangladesh Rural Advancement Committ...... 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)

.... 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. ......hellip;….....(15). Lawyers Involved: Mahmudul Islam, Senior Advocate with Probir Neogi, Advocate instructed by Md. Nawab Ali, Advocate-on-Record—For the Petitioner (In both the cases) PC Guha, Advocate instructed by Purabi Saha, Advocate-on-Record—For the Respondent......lows: The present petitioner along with three others instituted Title Suit No.705 of 2005 in the 3rd Court of Joint District Judge. Comilla against the opposite parties for partition of the suit land described in schedule to the plaint. The case of the plaintiff, in short, was that the suit lan..

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

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:   ...... 2001-2002) and 3064 of 2003-2004 (assessment year 2002-2003). 3. The facts of the reference applications are more or less similar and, as such, to avoid unnecessary repetition, the facts of the cases are summarized as follows: 4. The assessee-applicant-Bangladesh Rural Advancement Committ......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)

.... 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 ......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/officer-in-charge to receive such FIR in that case the complainant can file her case in the Tribunal provided the complainant has to narrate the s...... 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)

....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. ......n 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) Judgment             &n......t there was no concealment on the part of the respondent. The High Court Division also held that the finding of the trial Court that the respondent con­cealed investment in respect of the plot of land in Cox's Bazar and he acquired Taka 96, 10,527.43 by illegal means and beyond known source ..

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: ......im in order to meet the queries. He still found to be helpless and devoid of answer. He, however, stressed upon the power of the Government so to do in the public interest and referred to a number of cases namely, Mlv Md. Abdul Khiurshid Alam Vs. Bangladesh & others, 50 DLR (AD) 82; Maulana Kazi......es is usually frequent. Even in advanced countries of the West instances of acting beyond authority and abuse of power is scarcely any less which is best captured by the percipient remark made by Maitland long ago: “If you take up a modern volume of the Queen’s Bench Division, you w..

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)

....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. ......referred to as the writ-petitioner) filed the writ petition for issuing a Rule Nisi calling upon the writ-respondents to show cause as to why a direction should not be given upon them to consider the case of his promo­tion in the post of Deputy Director (Textile), Physical Testing Wing, from the......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. ..

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.   ......                    Ayub Hossain Khan (Md.)................................Petitioner [In both the cases] Vs. Bangladesh and others (In Civil Petition 1901 of 2011)     ......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 land, a vested property, would be renewed every year until such time the government takes a final de..

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

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

....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   ......up with a proper decision. In the exceptional situation additional evidence may be taken in revision within the purview of the expression "the High Court Division may make such order in the case as it thinks fit" occurring in section 115(1) read with section 151 of the Code…&he......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)

....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 ......e, Dhaka impleading the respondents as defendants for specific performance of contract in respect of the suit land which is more particu­larly described in the schedule to the plaint. 3. The case of the plaintiff, in short, is that: The suit land originally belonged to the then DIT now...... as plaintiff instituted Title Suit No. 838 of 2012 in the la Court of Joint District Judge, Dhaka impleading the respondents as defendants for specific performance of contract in respect of the suit land which is more particu­larly described in the schedule to the plaint. 3. The case of th..

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. ...... 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 a case under the Act, 1974, shall be disposed of in case of c......2 or under any law of the Land. If any Bangladeshi National is found in possession with Bangladesh currency notes of any amount, he cannot be taken to have committed any offence, under the law of the land and the proceedings at the stage of FIR can be quashed to secure ends of justice." (T..

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:   ......d in this reference application. Therefore, we are reformulating a single question (i) inplace of question (i) and (ii) in the following manner: (i) Whether in the facts and circumstances of the case, the Tribunal was justified in not allowing the expenditure in respect of provision on account ......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)

....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.   ......ted on many grounds. 7. Mr. Syed Amirul Islam, learned Senior Advocate, appearing on behalf of respondent No.1, on the other hand, supports the impugned judgment. He also relies upon a number of cases relating to awarding of interest. 8. We have considered the submissions of the learned 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.   ..

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

āĻšā§‹āĻŸā§‡āϞ āĻĒā§‚āĻ°ā§āĻŦāĻžāĻŖā§€ āχāĻ¨ā§āϟāĻžāĻ¨ā§āϝāĻžāĻļāύāĻžāϞ āϞāĻŋāĻŽāĻŋāĻŸā§‡āĻĄ āĻŦāύāĻžāĻŽ āĻ•āĻŽāĻŋāĻļāύāĻžāϰ āĻ…āĻŦ āĻŸā§āϝāĻžāĻ•ā§āϏ⧇āϏ, 2014, 43 CLC (HCD)

....‡āϞ āύāĻžāĨ¤ āĻŦāĻŋāϚāĻžāϰāĻĒāϤāĻŋ āĻŽā§‹āσ āχāĻŽāĻĻāĻžāĻĻ⧁āϞ āĻšāĻ• āφāϜāĻžāĻĻ.- āφāĻŽāĻŋ āĻāĻ•āĻŽāϤ āĻšāχāϞāĻžāĻŽāĨ¤ Ed. This Case is also Reported in:   ......° āĻĒā§āϰ⧇āĻ•ā§āώāĻŋāϤ⧇ āĻ…āĻ¤ā§āϰ āφāĻĻāĻžāϞāϤ⧇āϰ āĻŽāϤāĻžāĻŽāϤ āĻĒā§āϰāĻžāĻ°ā§āĻĨāĻŖāĻž āĻ•āϰāĻŋ⧟āĻžāϛ⧇āύ; I. Whether, on the facts, and in the circumstance of the case, the learned Taxes Appellate Tribunal was legally justified to reduce/confirm the order of the ......‡āϞ āύāĻžāĨ¤ āĻŦāĻŋāϚāĻžāϰāĻĒāϤāĻŋ āĻŽā§‹āσ āχāĻŽāĻĻāĻžāĻĻ⧁āϞ āĻšāĻ• āφāϜāĻžāĻĻ.- āφāĻŽāĻŋ āĻāĻ•āĻŽāϤ āĻšāχāϞāĻžāĻŽāĨ¤ Ed. This Case is also Reported in:   ..

Category: Fiscal/Taxation Law | Date: 22 Apr, 2014 | Hits: 4

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

....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 ......5 of 1987 in the Court of Assistant Judge, Roumari, for declaration of title in respect of 1.18 acres of land out of a por­tion of land appertaining to plot Nos. 4441, 4442, 4443, 4445, 4472. His case, in short, is that the suit land belonged to Jamal Sheikh and the heirs of Jamal Sheikh sold th......appeal, in a nutshell, are: 4. The petitioner as the plaintiff instituted Other Suit No. 75 of 1987 in the Court of Assistant Judge, Roumari, for declaration of title in respect of 1.18 acres of land out of a por­tion of land appertaining to plot Nos. 4441, 4442, 4443, 4445, 4472. His case,..

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