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Beautiful Bibi Vs. Md. Sydur Rahman, 2014, 43 CLC (HCD)
....the plaintiff Mossammat Beautiful Bibi. 6. A Rule was issued in both the Revisions about sustainability of the judgment and decree passed by the appellate court. 7. By the Rule issuing order dated 16-10-2011, passed in the said second Revision, operation of the impugned Judgment ......sesses all the genetic markers that should be contributed to the child by a biological father. The probability of the stated relationship is 99.99999%." DNA test report prepared by the Government DNA Laboratory is a credible evidence. The conclusion of the report is consistent wi..Category: Women and Children | Date: 19 May, 2014 | Hits: 29
...., 1984.)
Judgment
Zinat Ara J.- This income tax reference application under Section 160(1) of the Income Tax Ordinance, 1984 (hereinafter referred to as the Ordinance) has arisen out of the order dated 26.8.2003 passed by the Taxes Appellate Tribunal, Division Bench-1, Dhaka (briefly state...... as follows:-
The assessee-applicant-Bangladesh Rural Advancement Committee (hereinafter referred to as the assessee/BRAC) is a registered society under the Societies Act, 1860. It is also a Non-Government Organization (NGO) engaged in running different projects for advancement of education, he..
Category: Fiscal/Taxation Law | Date: 14 May, 2014 | Hits: 9
State and another Vs. Abdul Kader @ Mobile Kader and others, 2014, 43 CLC (AD)
....uty Attorney-General instructed by B Hossain, Advocate-in-Record—For the Respondent (In Criminal Appeal No.24 of 2010). Criminal Appeal Nos. 22-24 of 2010. (From the judgment and order dated the 25th day of November, 2007 passed by the High Court Division in Death Reference No. ...... bazar. Deceased-Moulana Abdul Quader was not involved with politics. Mr.Mizanur Rahman Sinha contested the 8th Parliament election in their area as a candidate from BNP. During the last Awami League Government, the people of the locality as well as from Dhaka tried to settle the dispute, but Mobile..Category: Criminal Law | Date: 14 May, 2014 | Hits: 16
Bangladesh Rural Advancement Committee (BRAC) Vs. Commissioner of Taxes, 2014, 43 CLC (HCD)
.... of 2004 Judgment Zinat Ara J.- This income tax reference application under Section 160(1) of the Income Tax Ordinance, 1984 (hereinafter referred to as the Ordinance) has arisen out of the order dated 26.8.2003 passed by the Taxes Appellate Tribunal, Division Bench-1, Dhaka (briefly state...... as follows:- The assessee-applicant-Bangladesh Rural Advancement Committee (hereinafter referred to as the assessee/BRAC) is a registered society under the Societies Act, 1860. It is also a Non-Government Organization (NGO) engaged in running different projects for advancement of education, he..Category: Fiscal/Taxation Law | Date: 14 May, 2014 | Hits: 3
Asad Ali (Md.) and another Vs. Golam Sarwar and others, 2014, 43 CLC (AD)
....r the Appellants. Sufia Khatun, Advocate-on-Record—For Respondent Nos.1 and 2. None represented—Respondent Nos.3-45. Civil Appeal No.67 of 2004. (From the judgment and order dated 16-10-2001 passed by the High Court Division in Civil Revision No.3271 of 1997.) Ju......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)
.... being disposed of by this common judgment. 2. The reference applications under section 160(1) of the Income Tax Ordinance, 1984 (hereinafter stated as the Ordinance) have arisen out of a common order dated 29.2.2004 passed by the Taxes Appellate Tribunal, Division Bench-2, Circuit Bench, Dhaka......s not a tax exempted income inasmuch as by Finance Act, 2002 an explanation was added to Paragraph 1(1) of the Schedule providing that the provision of Paragraph 1(1) shall not apply in case of a Non-Government Organization (NGO) registered with NGO Affairs Bureau. The assessee is admittedly an NGO ..Category: Fiscal/Taxation Law | Date: 12 May, 2014 | Hits: 5
Nurul Hoq Bhuiyan Vs. Momtazul Islam and others, 2014, 43 CLC (HCD)
.... PC Guha, Advocate instructed by Purabi Saha, Advocate-on-Record—For the Respondents (In both the cases) Civil Petition for Leave to Appeal Nos. 22-23 of 2011 (From the judgment and order dated 8-11-2009 passed by the High Court Division in Civil Revision No.1394 of 2008 along with...... 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)
.... being disposed of by this common judgment. 2. The reference applications under section 160(1) of the Income Tax Ordinance, 1984 (hereinafter stated as the Ordinance) have arisen out of a common order dated 29.2.2004 passed by the Taxes Appellate Tribunal, Division Bench-2, Circuit Bench, Dhaka......s not a tax exempted income inasmuch as by Finance Act, 2002 an explanation was added to Paragraph 1(1) of the Schedule providing that the provision of Paragraph 1(1) shall not apply in case of a Non-Government Organization (NGO) registered with NGO Affairs Bureau. The assessee is admittedly an NGO ..Category: Fiscal/Taxation Law | Date: 12 May, 2014 | Hits: 5
Abdul Hamid (Ujir) Vs. State and others, 2014, 43 CLC (HCD)
....of 2009 under section 11(Ga)/30 of the Nari-o-Shishu Nirjatan Daman Ain, 2000 pending in the Court of Nari-o-Shishu Nirjatan Damon Tribunal, Habigonj shall not be quashed and/or such other or further order or orders passed as to this Court may seem fit and proper. 3. Pending hearing of the Rule...... 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)
...., instructed by Mvi. Md. Wahidullah, Advocate-on-Record—For the Respondent (In both the cases) Criminal Petition for Leave to Appeal Nos.117 & 210 of 2011. (From the judgments and orders dated 3-8-2010 passed by the High Court Division in Criminal Appeal No.5250 of 2009). Ju......ther independent government department unless the Income Tax Department reviews its own assessment. There cannot be a conflicting exercise of power between the two independent departments of the Government. If the assessment of valuation made by the Income Tax Department is allowed to be questi..Category: Anti-Corruption Laws | Date: 5 May, 2014 | Hits: 8
Md. Abul Bashar Vs. Government of Bangladesh, 2014, 43 CLC (HCD)
....writ petition was heard on 03.03.2010 by a Division Bench of this Division and after hearing the parties their Lordships were pleased to make the Rule absolute with some observation by a judgment and order dated 10.03.2010. The Respondent No.4 of the said writ petition i.e., Respondent No.7 of the i......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 Parliamentary A..Category: Administrative Law, Constitutional Law | Date: 4 May, 2014 | Hits: 5
....Sheikh Muhammad Murshed, Advocate instructed by Md. Zahirul Islam, Advocate-on-Record—For the Respondents.
Civil Petition for Leave to Appeal No. 125 of 2011.
(From the judgment and order dated the 171h day of May, 2010 passed by the High Court Division in Writ Petition No. 2710 of......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)
....etition No. 1901 of 2011] None represented—For the Respondent [In Civil Petition No.1902 of 2011]. Civil Petition for Leave to Appeal Nos.1901-1901 of 2011. From the judgment and order dated 21.8.2011 passed by the High Court Division in Writ Petition No.4608 of 2009 and Writ Pe......ouse AC Israel Cocoa Ltd. Vs. Nigerian Produce Marketing Co. Ltd. 1972 AC 741; Combe Vs. Combe 1951 2 KB 215; Robertson Vs. Minister of Pensions 1949 1 KB 227; Wells Vs. Minister of Housing and Local Government 1967 1 WLR 1000; Lever Finance Vs. Westminister LBC, 1971 1 QB 222; Lords in Howell Vs. F..Category: Civil Law, Property Law | Date: 4 May, 2014 | Hits: 20
Sharif Miah Vs. Rina and anothers, 2014, 43 CLC (HCD)
....test to come 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 Co......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)
.... as found by their lordships in 2004 BCR (AD) 138, 56 DLR (AD) 210. Cause of action consists of the entire set of facts which gives rise to a legal action and is to be proved by the plaintiff in order to succeed in the suit, as found in 2 MLR (AD) 28 = 2 BLC (AD) 47 and 49 DLR (AD) 99. But, if ......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)
.... Tribunals shall have all the powers conferred by the Code as a Court of Sessions exercising original 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 for......cation, declared that the property was not an abandoned property, struck down the execution case subject to payment of the decretal amount to the Bank directly by the appellants and directed the Government to release the property treating Title Suit No. 508 of 1982 filed by the appellant as wit..Category: Criminal Law, Property Law | Date: 27 Apr, 2014 | Hits: 8
Pubali Bank Limited Vs. Commissioner of Taxes, 2014, 43 CLC (HCD)
.....252 of 2003. Judgment Zinat Ara J.- This income tax reference application under Section 160(1) of the Income Tax Ordinance,1984 (hereinafter referred to as the Ordinance) arises out of the order dated 21.11.2002 passed by the Taxes Appellate Tribunal, Division Bench-4, Dhaka (shortly, the......be a profit of the year in which it is recovered: Provided further that no deduction under this clause shall be allowed in respect of— (a) any amount representing grant allowed by the Government in the form of 15 years Special Treasury Bonds; (b) any loan advanced to any Governm..Category: Fiscal/Taxation Law | Date: 27 Apr, 2014 | Hits: 6
Chittagong Steel Mills Ltd and another Vs. MEC, Dhaka & others, 2014, 43 CLC (AD)
....enior Advocate, instructed by Sufia Khatun, Advocate-on-Record—For Respondent No.1. None represented—Respondent Nos.2-5. Civil Appeal No.106 of 2004. (From the judgment and order dated 13-1-2004 passed by the High Court Division in First Miscellaneous Appeal No.157 of 2001......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
হোটেল পূর্বাণী ইন্টান্যাশনাল লিমিটেড বনাম কমিশনার অব ট্যাক্সেস, 2014, 43 CLC (HCD)
....্রার্থণা করিয়াছেন; 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 Commissioner of Taxes (Appeals) regarding disallowance’s under the different head......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
Nur Mohammad and others Vs. Mosammat Kamla Khatun and others, 2014, 43 CLC (AD)
....ique Hossain, Advocate-on-Record—For the Respondent No.1. None Represented—Respondent Nos. 2-33. Civil Petition for Leave to Appeal No. 2340 of 2009. (From the judgment and order dated 17-5-2009 passed by the High Court Division in Civil Revision No. 3371 of 1998) Jud......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
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