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Ahmad Ullah Vs. Md. Younus and Ors, 2016, 45 CLC (HCD)

....e of issuance of the Rule shall stand vacated. Let a copy of the judgment be sent to the court concerned. Ed.  This Case is also Reported in: 68 DLR (HCD) (2015) 228   ......nitiated under section 138 of the Negotiable Instruments Act, 1881, causing great prejudice and financial hardship and mental agony to the complainant opposite-party, which is very much apparent. The complainant opposite-party might be deprived from timely medicare to repair his/her h..

Category: Banking Law | Date: 29 Feb, 2016 | Hits: 23

Tariqul Islam Vs. Bangladesh and Others, 2016, 45 CLC (HCD)

....passport to respondent No. 2 and prayed for a new Machine Readable Passport and that respondent No. 2 duly gave him a "delivery slip". He again submits that the delivery slip shows that the expected date of delivery of passport was on 13-10-2015. He next submits that respondent No. 2 did n......zen of Bangladesh and he was the Minister and also the member of the parliament. The petitioner was given a passport being No. A-0158834 by the Government and he used that passport and travelled different countries of the world on many occasions. The passport was issued in favour of the petitioner o..

Category: Administrative Law | Date: 14 Jan, 2016 | Hits: 1

Ali Ahsan Muhammad Mujahid Vs. The Government of Bangladesh, 2015, 44 CLC (HCD)

....uperior rank or commission but does, in reality, have effective control over the perpetrators of offence could incur criminal responsibility under the doctrine of command responsibility. It cannot be expected that civilian superiors will have disciplinary over their sub-ordinates equivalent to that ...... the punishment inflicted for grave crimes should adequately reflect the revulsion felt by the great majority of citizens for them. It is a mistake to consider the objects of punishment as being deterrent or reformative or preventive and nothing else. The truth is that some crimes are so outrageous ..

Category: International Crimes Tribunal Law | Date: 18 Nov, 2015 | Hits: 111

The State Vs. Mr. Swadesh Roy and another, 2015, 44 CLC (AD)

....r obliges him to place before the Court in the traditional language of courtesy that is due to statement is made to scandalize a Judge or Court by imputing to him motive or judicial dishonesty. He is expected at all times to maintain the dignity of the Court regardless of short coming so f any indiv......t is to be borne in mind that the Contempt of Courts Act, 1926, is not applicable in this Division and in that regard we have expressed our opinion in Mahmudur Rahman’s case. Even then, in different media, the civil society, including eminent lawyers, participated in various talk shows and poi..

Category: Constitutional Law, Contempt of Court Law | Date: 13 Aug, 2015 | Hits: 97

Salauddin Qader Chowdhury Vs. Chief Prosecutor, International Crimes Tribunal, Dhaka, Bangladesh, 2015, 44 CLC (AD)

..... If the accused was not pres­ent at Chittagong in 1971, the incidents of mass killing of the members of Hindu community includ­ing Nutan Chandra Singha would not have happened and it was not expected to file cases against him just after the independence of the country. 128. Accused Sal......8 yards west from them and that they fired twice. 10. P.W.29 corroborated P.W. 6 so far as relates to the killing of the family members of P.W.6 on 13th April. He stated that he along with his parents was approaching towards Binajuri for shelter and at that time they heard gun firing. Hearing t..

Category: International Crimes Tribunal Law | Date: 29 Jul, 2015 | Hits: 38

Esrarul Huq Chowdhury Vs. Government of the People's Republic of Bangladesh and Others, 2015, 44 CLC (HCD)

....n that he should refrain from doing any illegal activities by abusing his official power. No order as to cost. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 173.   ......ed in BS (DP) khatian No.1138 in the names of the heirs of Shamsul Huq Chowdhury and in this way the petitioner along with his co-sharers have been possessing the entire 118 decimal of land by paying rent upto 1411 BS; that although the petitioner along with his co-sharers have been owning and posse..

Category: Constitutional Law, Property Law | Date: 28 Jun, 2015 | Hits: 1

Sarwar Alam Chowdhury Vs. Government of the People’s Republic of Bangladesh & others, 2015, 44 CLC (HCD)

....s to costs. Send down the record of the Court of Settlement. Communicate the judgment to respondent No. 1 at once. Zinat Ara J.- I agree. Ed. This case is also Reported in: ......roperty being House No. 13/A/A, Mirpur 1st Coloney under police Station Mirpur, Dhaka by two registered sale deeds from Md. Ehsanul Hoque and since the date of purchase the petitioners are paying all rent, taxes, bill etc. to the Revenue Office, WASA, DESA and City Corporation and their names were d..

Category: Abandoned Properties Law | Date: 27 May, 2015 | Hits: 35

Hossain Ali and Others Vs. Government of Bangladesh and Others, 2015, 44 CLC (HCD)

....est possible amount of time preferably within 3(three) months from the date of receipt of the judgment of this court. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 37   ......7/50(M) of 1349 BS, LS Case No. 215(5)M of 1349 BS and LS Case No. 37(M) of 1350, Annexure-B, B-1, B-2, B-3, B-4 and B-5. 4. After taking the aforesaid settlement the petitioners had been paying rent to the Bhawal Raj Court of Wards Estate and got rent receipt from the Estate accordingly, Annex..

Category: Property Law, Tenancy Law | Date: 30 Apr, 2015 | Hits: 4

Lutfor Rahman Mollah (Md.) and another Vs. M Safiul-Alam, 2015, 44 CLC (HCD)

....ourt stands vacated. Let a copy of this judgment be communicated to the Courts concerned at once. Ed.      This Case is also Reported in: 67 DLR (HCD) (2015) 317. ......nt with the plaintiff-opposite parties on 31-1-2001 for letting out the la floor of House No. 2, Road No. 1 B, sector-9, Uttara, Dhaka for a period of 6(six) years on condition that after 3 years the rent will be enhanced 15% and as per terms of agreement the initial rent was fixed at Taka 35,000 an..

Category: Civil Law, Procedural Law | Date: 13 Apr, 2015 | Hits: 10

Ananda Shipyard & Slipways Limited Vs. Commissioner Customs Bond Commissionerate, Dhaka, 2015, 44 CLC (HCD)

....shy;cate the matters in accordance with law. No cost. Communicate the judgment to respondent No. 1 at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 98   ......s Authority —Removal of the Goods under Section 98 The appropriate customs authority may demand full amount of duties chargeable on the goods imported under the bonding facilities with all rent, penalties, interest and other charges payable in respect of the goods, if the goods have not b..

Category: Fiscal/Taxation Law | Date: 2 Apr, 2015 | Hits: 0

Asek Elahi Vs. Jalal Ahmedand others, 2012, 41 CLC (AD)

....nha, J and Md. Abdul Wahhab Miah, J I agree with the reasoning and findings given by my learned brother, Md. Abdul Wahhab Miah, J. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 5. ...... payment of money advanced or to be advanced by way of loan, an existing or future debt, or the performance of an engagement which may give rise to a pecuniary liability". 7. There are different kinds of mortgages, of them, we are concerned with 'mortgage by conditional sale' withi..

Category: Property Law | Date: 14 Mar, 2015 | Hits: 45

Islami Bank Bangladesh Limited, Head Office-40, Dilkusha C/A, Dhaka-1000 Vs. The Commissioner of Taxes, Audit Wing, Large Taxpayer’s Unit, Dhaka, 2015, 44 CLC (HCD)

.... Supreme Court of Bangladesh, is directed to take steps under section 161(2) of the Income Tax Ordinance, 1984. Md. Habibul Gani, J: I agree. Ed. This Case is also Reported in: ......ellip;……………………………………… (45) “perquisite” includes— (a) the value or rent free accommodation; (b) the value of any concession in the matter of rent respecting any a..

Category: Fiscal/Taxation Law | Date: 11 Jan, 2015 | Hits: 1

Islami Bank Bangladesh Limited Vs. Commissioner of Taxes, 2015, 44 CLC (HCD)

....Court of Bangladesh, is directed to take steps under section 161(2) of the Income Tax Ordinance, 1984. Md. Habibul Gani J.- I agree. This Case is also Reported in:     ......ellip;……………………………………… (45) “perquisite” includes— (a) the value or rent free accommodation; (b) the value of any concession in the matter of rent respecting any a..

Category: Fiscal/Taxation Law | Date: 11 Jan, 2015 | Hits: 58

One Bank Limited, represented by its Managing Director: Mr. M. Fakhrul Alam, HRC. Bhaban, 46, Kawran Bazar, Dhaka, Bangladesh Vs. Commissioner of Taxes, 2014, 43 CLC (HCD)

....9. Accordingly the application praying for review is allowed. However, there shall be no order as to cost. Md. Emdadul Haque Azad, J: I agree. Ed. This Case is also Reported in: ...... the definition of basic salary. But that does not mean that contribution to recognized provident fund has been included in the definition of perquisite.............. (6) The payments like house rent allowance covered by the Rule 33A of the Income Tax Rules 1984, conveyance allowance covered by..

Category: Fiscal/Taxation Law | Date: 14 Dec, 2014 | Hits: 0

Molina Rani and others Vs. Gopal Goyala and another, 2014, 43 CLC (AD)

....ugned judgment and order of the High Court Division. Accordingly, the appeal is dismissed, without however any order as to costs. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 240 ......g and understanding the contents of bainanama put his signature therein. Earlier the husband of the plaintiff took loan of an amount of Taka 30,000 but he did not repay the same and denied to pay the rent to the defendant No. 1 in such view of the matter, the suit was liable to be dismissed. 5...

Category: Civil Law, Evidence Law | Date: 20 Nov, 2014 | Hits: 6

Ruhul Amin (Md.) and oth¬ers Vs. Mustafizur Rahman and others, 2014, 43 CLC (HCD)

....ule stands vacated. Communicate the judgment and order imme­diately and send back the lower Court's record at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 259 ...... documents which has been proved and marked as Exhibits without objection. The learned Advocate lastly submits that the defendants in respect of the suit land mutated their names and have been paying rents regularly to the government. In respect of 'Ga' schedule land of the plaint the plaint..

Category: Civil Law, Property Law | Date: 16 Nov, 2014 | Hits: 10

Intekhab Ahmed Khan Vs. Sabbir Ahmed Chowdhury, 2014, 43 CLC (AD)

....Division is set-aside and the judgment and decree passed by the trial Court is hereby restored. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 2       ......d Chowdhury....................Respondent Judgment September 17, 2014. Result: The appeal is allowed. A tenant is liable to be evict­ed if he is a defaulter in payment of rent, if the landlord needs the suit premises for bona fide requirement and if the tenant denies the..

Category: Tenancy Law | Date: 17 Sep, 2014 | Hits: 13

Intekhab Ahmed Khan Vs. Sabbir Ahmed Chowdhury, 2014, 43 CLC (AD)

....dgment delivered by the High Court Division is set-aside and the judgment and decree passed by the trial Court is hereby restored. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 2. ...... Judgment September 17, 2014. Result: The appeal is allowed. A tenant is liable to be evicted under the Premises Rent Control Act (1) if he is a defaulter in payment of rent (II) if the landlord needs the suit premises for bona fide requirement and (III) if t..

Category: Tenancy Law | Date: 17 Sep, 2014 | Hits: 6

Fidelity Assets and Securities Co. Ltd. Vs. Commissioner of Taxes, 2014, 43 CLC (HCD)

....nswered in negative and in favour of the Assessee-applicant. However, there shall be no order as to cost. Md. Emdadul Haque Azad, J: I agree. Ed. This Case is also Reported in: ......estions formulated for determination: 1. In the above circumstances and on the facts whether the Taxes Appellate Tribunal Division Bench-3, Dhaka, was justified maintaining the disallowances of rent expenditure, audit fee, advertisement expenses and legal fee and provision of bad debts. 2..

Category: Fiscal/Taxation Law | Date: 16 Sep, 2014 | Hits: 0

Motiur Rahman and others Vs. Siddika Begum and Others, 2014, 43 CLC (HCD)

....ppeal No. 122 of 2009 is hereby upheld. The order of stay granted earlier by this court is vacated. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 179     ......ction 151, Exclusive Posses­sion— The defendant No. 1 has exclusive posses­sion over the suit land and prima facie shows that she has mutated her name separately and paying regular rent to the government. Before disposal of the partition suit finally, it is suffi­cient to prov..

Category: Procedural Law | Date: 16 Jun, 2014 | Hits: 0