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Abdul Momen Bhuiyan and others Vs. District Judge, Dhaka and others, 2013, 42 CLC (AD)
....cepted by order dated 25-5-2010. By the same order, the learned District Judge, Dhaka fixed 2-6-2010 for depositing the auction money. On that date, respondent No.3, the auction purchaser, prayed for time for depositing the auction money and the writ-petitioners as the judgment-debtors filed anoth&s......he auction sale shall be deemed to have become absolute. The impugned judgment delivered by the High Court Division is set-aside. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 98. ..Category: Civil Law | Date: 17 Nov, 2013 | Hits: 17
Golam Sarwar Vs. Commissioner of Taxes, 2013, 42 CLC (HCD)
....assessee) is the elder son of Late Alhaj Golam Mowla. Alhaj Golam Mowla had died on 19-5-1999. Late Alhaj Golam Mowla, father of the assessee-applicant, was not an income tax assessee during his life time. The Assistant Commissioner of Taxes, Survey Circle-2, Chittagong (the ACT, in brief), suo-muto......ke necessary steps under section 161(2) of the Income Tax Ordinance, 1984. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 350; 2 CLR (HCD) (2014) 301; 23 Karadalat (HCD) (2014) 15 ..Category: Fiscal/Taxation Law | Date: 14 Nov, 2013 | Hits: 4
AKM Mosharraf Hossain Vs. State & another, 2013, 41 CLC (HCD)
....dvocate appearing on behalf of the Respondent No. 2, ACC strenuously argued that all the prosecution witnesses supported the case of the prosecution in a harmonious voice mentioning the point of time, place and manner of the occurrence and, as such, the impugned judgment and order of conviction......realise the fine in accordance with law. Let a copy of this judgment along with LCR be sent to the concerned Court at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 564 ..Category: Anti-Corruption Laws, Criminal Law | Date: 10 Oct, 2013 | Hits: 3
Zakir Hossain and another Vs. Md. Shahnewaz and others, 2013, 42 CLC (AD)
....inst the preliminary and final decrees, defendant No.13 along with her son as the appellants preferred Other Appeal No.413 of 2007 before the learned District Judge, Chittagong, which was out of time. The learned District Judge, Chittagong by his impugned judgment and order dated 23-6-2008 cond......s and facts do not warrant interference by this Division. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 98. ..Category: Procedural Law | Date: 10 Oct, 2013 | Hits: 12
SM Redwan Vs. Md. Rezaul Islam and others, 2013, 42 CLC (AD)
.... the credit of that account was insufficient to honour of the cheque as envisaged in section 138 of the Act. Of course this is a rebuttable presumption. The defence can be considered at the time of holding trial and not in an application under section 561 A of the Code.......(22) Case......he High Court Division are hereby set-aside. The concerned Courts are directed to proceed with the cases in accordance with law. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 169. ..Category: Criminal Law, Others | Date: 9 Oct, 2013 | Hits: 12
.... In ordinary prudence, in the event of selling any property of a borrower a bank ought to have inform such borrower about the quotation received from the intended buyer, there by, giving a reasonable time to the borrower asking him whether he (the borrower) is willing or agreed to purchase and ......costs. The order of stay granted earlier is vacated.
Communicate a copy of the judgment to the bank concerned at once.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 50.
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Category: Others, Procedural Law | Date: 8 Oct, 2013 | Hits: 8
Moulana Abdul Hakim (Md.) Vs. Government of Bangladesh and others, 2013, 42 CLC (HCD)
....r, not to prosecute the Rule issued in the earlier writ petition as per agreement with the respondents leading to his reinstatement vide the Madrasah's Memo dated 30-7-2009. Having been granted a time-scale since and being duly paid up to December 2010, the petitioner suddenly received a show ca......t to prosecute the Rule issued in the earlier writ petition as per agreement with the respondents leading to his reinstatement vide the Madrasah's Memo dated 30-7-2009. Having been granted a time-scale since and being duly paid up to December 2010, the petitioner suddenly received a show cause n..Category: Administrative Law, Constitutional Law | Date: 3 Oct, 2013 | Hits: 2
Ahmed Lal Mia Vs. State and another, 2013, 42 CLC (AD)
....ass any order on the alternative prayer. And this order was also challenged before the High Court Division as stated hereinbefore. 3. From the impugned judgment and order, it appears that at the time of hearing the Rule, the learned Advocate who appeared for the accused before the High Court Di......ove, no interference is called for with the impugned judgment and order. The leave petition is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 204. ..Category: Criminal Law | Date: 3 Oct, 2013 | Hits: 5
AA Engineering Limited Vs. University of Khulna, 2013, 42 CLC (AD)
....as "other taxes on income". Tax on income is a direct tax and VAT not being a direct tax and far less a tax on income, the expression "other taxes on income" cannot cover VAT. Sometimes, surcharge is levied on income under the Income Tax Ordinance and such surcharge may come with......thout deducting therefrom any amount on account of VAT. Khulna University is under the obligation to pay VAT in the instant case. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 19. ..Category: Fiscal/Taxation Law | Date: 3 Oct, 2013 | Hits: 28
Satsang Bangladesh, D. Pakutia Vs. People’s Republic of Bangladesh and others, 2013, 42 CLC (HCD)
....ntal Hospital' there. For that reason the devotees and followers of Sree-Sree Thagore Anukul Chandra ousted from the 'Ashrom' and were scattered in different parts of the country. At that time the eldest son of Sree-Sree Thagore, Amorendra Nath Chokroborty coming to Pakutia of Tanga......evidence within 2(two) months from the date of receipt of this judgment, order. Communicate the judgment and order at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 110 ..Category: Civil Law, Procedural Law | Date: 26 Sep, 2013 | Hits: 3
Bakhrabad Gas System Limited Vs. Al Masud-ar-Noor and others, 2013, 42 CLC (AD)
....missed. The accrued/vested rights of its employees can not be taken away Service Rules The appointing authority has every right to amend/alter the service rules to suit the need of the time but not to the detriment or disadvantage to the rights or privileges that existed at the r......appointed after the coming into effect or force of the same. With the above observations, the petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 187. ..Category: Employment/Service Law | Date: 26 Sep, 2013 | Hits: 12
....y;tion of registration, but the respondents did not take any action on the applications filed by the writ-petitioner. The High Court Division specifically noted in its judgment that "At the time when we hear the matter, there is no dispute with regard to the facts that production in the mi......no reason and logic, he could just sit over the matter.
With the above observations, this petition is dismissed.
Ed.
This Case is also Reported in: 20 BLC (AD) (2015) 143
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Category: Fiscal/Taxation Law | Date: 24 Sep, 2013 | Hits: 9
State Vs. Mostafizur Rahman and another, 2013, 42 CLC (AD)
....Shefali Khatun was 10 or 11 years old when her mother, step-father and half sister Aleya (accused in the case) sent her to work as a house maid. The evidence and records disclose that at various times she worked as maid servant in the house of Proshanto, Chand Ali, Montu and lastly accused Most......and findings given by Mohammad Anwarul Haque, J. Court's Order The appeal is dismissed by majority decisions. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 218. ..Category: Criminal Law, Women and Children | Date: 18 Sep, 2013 | Hits: 7
Government of Bangladesh Vs. Md. Abdul Maleque Miah and 7 anothers, 2013, 42 CLC (AD)
....l). Later on the Government amended the Industrial Management Service (Abolition, Absorption and Fixation of Seniority) Rules, 1982. The Government issued notification dated 26-12-1981 to award time scale to those officers who were eligible for promotion but could not be awarded promotion conc......ater on the Government amended the Industrial Management Service (Abolition, Absorption and Fixation of Seniority) Rules, 1982. The Government issued notification dated 26-12-1981 to award time scale to those officers who were eligible for promotion but could not be awarded promotion concomita..Category: Administrative Law, Constitutional Law | Date: 17 Sep, 2013 | Hits: 3
ATM Nazimullah Chow¬dhury Vs. State & another, 2013, 42 CLC (HCD)
....ection 222 of the Code, the impugned order of conviction and sentence cannot be maintained in law and, as such, it is liable to be interfered with. 9. Mr. Fida M Kamal also submits that the time included between the first and the last dates of the commission of the offence shall not exceed......eps to secure his arrest. Let the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 500. ..Category: Criminal Law, Procedural Law | Date: 1 Aug, 2013 | Hits: 5
....e of the basic structures of the Constitution, and with a view to upholding the principles of constitutionalism, democracy and rule of law in the country. The EC, keeping in mind the necessity of the time, the spirit of democracy and articles of faith vis-a-vis the constitutionalism, went for libera......tration in accordance with Articles 90B (1)(i) and (ii) of the RPO. BJI won 18, 3, 17 and 2 seats in the last 4 (four) Parliamentary Elections with its present election symbol-'weighing scales'. BJI has a central office with a central committee and has more than the requisite numbe..
Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 10
....herefore, void ab initio and liable to be struck down. More so, the registration was given as of political expediency in order to ensure participation in election of a major political alliance of the time which is illegal and beyond power of the Election Commission.
6. Respondent No. 1 (BJI) ap......নোয়ার কবির; ইসলামিক ফাউন্ডেশন কর্তৃক প্রকাশিত, পৃষ্ঠাঃ ৬৮)
(..to be continued at CLC ID ( 9365 )
..
Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 11
....y a common order dated 31.07.2003 decided the appeals on merit giving certain relief to the assessee for all the assessment years but the grounds that the appeals were not disposed of on merit within time was not considered by the AJCT for the aforesaid assessment years. Rather, he on examination of......t of Bangladesh is directed to take 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:
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Category: Fiscal/Taxation Law | Date: 31 Jul, 2013 | Hits: 3
Nur Jahan Akhtar Vs. Commissioner of Taxes, 2013, 42 CLC (HCD)
....y a common order dated 31.07.2003 decided the appeals on merit giving certain relief to the assessee for all the assessment years but the grounds that the appeals were not disposed of on merit within time was not considered by the AJCT for the aforesaid assessment years. Rather, he on examination of......ngladesh is directed to take 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: 31 Jul, 2013 | Hits: 2
Syed Raihan Hasan Ali Chowdhury Vs. Syed Hamde Ali Chow¬dhury and others, 2013, 42 CLC (HCD)
....II, rule 11, Provisions of waqf ordinance — Section 50 of the Waqf Ordinance has been inserted in the enrolment chapter. Specific Provisions have made regarding the person, property, time and manner in which the enrolment is to be made and in this context section 50 authorises ......Civil Rule No.905(f) of 2011 is disposed of. Send down the lower Court records at once. Communicate this order at once. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 5. ..Category: Trust/Waqf Law | Date: 29 Jul, 2013 | Hits: 5
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