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

.... vires of President's Order No. 88 of 1972 whereby section 95A was inserted and the constitutionality of President's Order No.24 of 1973. were challenged. The High Court Division made all the Rules absolute with the findings, inter-alia, that (a) a transaction of an out and out sale with an ......h Vs. Haji Abdul Gani, 32 DLR (AD) 233, Abu Bakkar Vs. Nazir Ahmed, 34 DLR (AD) 237 and Jahir Ahmed Vs. Badsha Mia Sowadagar) 36 DLR 90 and Md. Nasir-ullah Vs. Md. Ziauddin Khan 12 MLR (AD) 329. Lawyers Involved: Abdul Wadud Bhuiyan, Senior Advocate instructed by Sufia Khatun, Advocate-on-..

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

Aminul Karim (Md.) Vs. Government of Bangladesh and others, 2015, 44 CLC (HCD)

.... Aminul Karim (Md.)....................................Petitioner Vs. Government of Bangladesh and others............ Respondents Judgment March 9, 2015. Result: The Rule is discharged. Case Referred to- Majed Hossain Vs. State 17 BLC (AD) 177; Monzur Alam......Vs. State 55 DLR (AD) 62; Shamsul Islam Chowdhury Vs. State 11 BLC 116;Dr. Md. Shahjahan, Advocate Vs. The Election Commission, 63 DLR 543; Khondaker Mahtabuddin Ahmed Vs. State 49 DLR (AD) 132. Lawyers Involved: None appears—For the Petitioner.  SM Kafil Uddin, Advocate&m..

Category: Banking Law, Procedural Law | Date: 9 Mar, 2015 | Hits: 0

Nurul Huda (Md.) Vs. State, represented by the DC, Lalmonirhat, 2015, 44 CLC (AD)

....from the date of his conviction; so, let the accused be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 231. ......(ka) of section 11, there must be evidence that a person so charged either caused death of a ‘নারী’ or attempted to cause death of a ‘নারী’…..(17). Lawyers Involved: Khurshid Alam Khan, Advocate instructed by Nurul Islam Bhuiyan, Advocate-on-R..

Category: Criminal Law, Women and Children | Date: 8 Mar, 2015 | Hits: 18

Hafizur Rahman Nafor Vs. Secretary, Ministry of Home Affairs and others, Secretary, Ministry of Home Affairs and others, 2015, 44 CLC (HCD)

....Hafizur Rahman Nafor...................Petitioner Vs. Secretary, Ministry of Home Affairs and others.........Respondents Judgment    March 2, 2015. Result: The Rule is made absolute. In the absence of any substantial and concrete materials on record it is......sociated Provincial Picture Vs. Wednesbury Corporation [1943]1 KB 223; Vide AIR 1956 Calcutta 96, AIR 1954 Rajasthan 264; Reza-ul-Karim (Md.) Vs. Secretary, Ministry of Home Affairs, 44 DLR 110. Lawyers Involved: Md. Eunus Ali Akond with Golam Mostofa Lasker, Advocates—For the Petiti..

Category: Constitutional Law | Date: 2 Mar, 2015 | Hits: 23

Sarker and other Vs. Md. Nasibuddin and others, 2015, 44 CLC (AD)

....ion was barred by limitation. The pre-emptors filed Civil Revisional application in the High Court Division and obtained rule. The High Court Division by the impugned judg­ment and order made the Rule absolute holding that the application was not barred by limita­tion. Then, the pre-emptee f...... Judgment              March 1, 2015.      Result: The leave petition is dis­missed. Lawyers Involved: Qumrunnessa Ratna, Advocate, instructed by Nurul Islam Bhuiya, Advocate-on-Re..

Category: Civil Law, Tenancy Law | Date: 1 Mar, 2015 | Hits: 24

Ramjan Ali Tarafder (Md.) Vs. Bangladesh and others, 2015, 44 CLC (HCD)

......................Petitioner Vs. Bangladesh and others...... ...............Respondents Judgment February 22, 2015.        Result: The Rule is discharged. Artha Rin Adalat Ain (VIII of 2003); Sections 12 & 33(2) The compl......natul Ara Vs. Government of the People's Republic of Bangladesh, 15 BLC (AD) 168; Banesa Bibi Vs. Senior Vice President, 63 DLR (AD) 160; Rex Apparels (Pvt) Ltd. Vs. Bangladesh, 20 BLC 178 . Lawyers Involved: Md. Sohel Rana, Advocate—For the Petitioner. Obaidur Rahman Mostaf..

Category: Banking Law | Date: 22 Feb, 2015 | Hits: 7

Durnity Daman Commission, represented by its Chairman, Dhaka Vs. M Sahabuddin Ahmed and others, 2015, 44 CLC (AD)

....t cannot quash a proceeding. The judgment of the High Court Division is set-aside. This petition is accordingly disposed of. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 176 ...... Dhaka….....Petitioner Vs. M Sahabuddin Ahmed and others .......................Respondents Judgment February 19, 2015. Result: This petition is disposed of. Lawyers Involved: Md. Khurshid Alam Khan, Advocate, instructed by Sufia Khatun, Advocate-on-Rec..

Category: Constitutional Law | Date: 19 Feb, 2015 | Hits: 9

Mosharaf Hossain (Md.) Vs. Bangladesh and others, 2015, 44 CLC (HCD)

....ip;…………..Respondents Judgment         February 17, 2015.        Result: The Rule is discharged. Sub-Sec­tions 6(Kha) And (7) of the Artha Rin Adalat Ain, 2003 are foll......(Kha) and section (7) of section 33…….. (11) Case Referred to- Setara Begum Vs. Al-Arafa Islami Bank, 14 MLR 480 = 61 DLR 791; Atiqullah Vs. Artha Rin Adalat, 16 BLC 486. Lawyers Involved: Shah Mohd. Monir Sharif with Md. Imran Jahangir, Advocates—For the Peti..

Category: Administrative Law, Others | Date: 17 Feb, 2015 | Hits: 4

Ali Haider Chowdhury Vs. State, represented by the DC, Dhaka and another, 2015, 44 CLC (AD)

....t and order dated 8-11-2012 passed by a Division Bench of the High Court Division in Criminal Miscellaneous Case No. 20499 of 2009 under section 561A of the Code of Criminal Procedure discharging the Rule. 2. The leave-petitioner herein, Ali Haider Chowdhury, filed an application before the Hig......or whether he abetted the prin­cipal accused in manipulating the tender for sale of the case property or whether he is a bona fide purchaser for value.………… (8-10) Lawyers Involved: SM Rezaitl Karim, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Reco..

Category: Criminal Law | Date: 11 Feb, 2015 | Hits: 16

Shamvunath Karmaker and another Vs. State and another, 2015, 44 CLC (HCD)

....n J Shamvunath Karmaker and another........Accused-Petitioners Vs. State and another......... .......Opposite Parties Judgment February 10, 2015.   Result: The Rule is discharged. Trap Case under Rule 16 of the Bidhimala — “ফাঁদ মা......sion it is bound to prepare and to conduct a proceeding...... (19 & 20) Case Referred to- A. Mirzazada Vs. The Crown, PLD 1956 (WP) Karachi 273; Abdur Rahman Vs. State, 27 DLR 268. Lawyers Involved: Syed Mizanur Rahman with Shasti Sarker and Ashoke Kumar Banik, Advocates&mdas..

Category: Anti-Corruption Laws, Procedural Law | Date: 10 Feb, 2015 | Hits: 4

Sohan Kumar Agarwala Vs. Assistant Registrar, Department of Patents Designs and Trade Marks and another, 2015, 44 CLC (AD)

....tions made hereinbe­fore. We make it very clear that the Registrar himself shall hear and dispose of the matter. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 213.   ......thori­ty and the High Court Division. Since the question would need determination of fact as indicated hereinbefore, it should be thrashed out right before the statutory authority.......(12) Lawyers Involved: Syed Amirul Islam, Senior Advocate with Fazlee Noor Taposh, Advocates instruc..

Category: Intellectual Property Law | Date: 9 Feb, 2015 | Hits: 20

State Vs. Engineer Monjurui Ahsan Munshiand another, 2015, 44 CLC (AD)

....unshi was put on trial before the Special Judge, 5th Court, Dhaka in Special Case No. 4 of 2007, for offences punishable under sections 26(2) and 27(1) of Durnity Daman Commission Ain, 2004 read with Rule 15(Gha) (5) of the Jaruri Khamata Bidhimala, 2007 and section 5(2) of the Prevention of Corrupt......f that offence no notice is required to be served upon the accused per­son...........(6-8) Case Referred To- Anti-Corruption Commission Vs. Mohiuddin Khan Alamgir, 62 DLR (AD) 290. Lawyers Involved: Momtazuddin Fakir, Additional Attorney-General, instructed by Sufia Khatun, A..

Category: Criminal Law | Date: 2 Feb, 2015 | Hits: 11

Jahirul Haque and another Vs. State, 2015, 44 CLC (AD)

....tioners is reduced to the period already undergone by them. The respondent is directed to release them from the custody at once. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 109. .........Petitioners Vs. State......................................Respondent Judgment January 19, 2015.      Result: The petition is dismissed. Lawyers Involved: Md. Khurshid Khan, Advocate instructed by Md. Zahirul Islam, Advocate-on-Reco..

Category: Criminal Law | Date: 19 Jan, 2015 | Hits: 5

Star Vegetable Oils Limited, 195 Motijheel C/A, Dhaka Vs. The Commissioner of Taxes, Taxes Zone-03, Dhaka, 2015, 44 CLV (HCD)

....tive and in favour of the Assessee-applicant. However, there shall be no order as to cost. Md. Emdadul Haque Azad, J: I agree. This Case is also Reported in:     ......lso having failed prejudicing the Assessee-applicant, and so this court finds merit in this Income Tax Reference Application and allows it………………...( 16) Lawyers Involved: Mosharaf Hossain, Advocate—For the Assessee-applicant S. Rashed Ja..

Category: Fiscal/Taxation Law | Date: 14 Jan, 2015 | Hits: 1

Getco Trading Limited, Represented by its Managing Director Mr. K.M. Khaled Vs. The Commissioner of Taxes, Taxes Zone-14, 2015, 44 CLC (HCD)

....of the account, save and accept the statutory disallowances. However, there shall be no order as to cost. Md. Emdadul Haque Azad, J: I agree. Ed. This Case is also Reported in: ......Commissioner of Taxes, 53 DLR 209; M/S. Eastern Hardware Stores Limited Vs. The Commissioner of Taxes, 54 DLR 125; Mark Builders Limited Vs. The Commissioner of Taxes, 59 DLR 463. Lawyers Involved: Sarder Jinnat Ali, Adv. with Md. Delowar Hossain, Adv.—For the Assessee..

Category: Fiscal/Taxation Law | Date: 12 Jan, 2015 | Hits: 1

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)

.... the Constitution………………… (17) The Income Tax Ordinance, 1984 (Ordinance No. XXXVI of 1984) Sections 2(45) and 2(58) The Income Tax Rules, 1984; Rule 33(1) Perquisites includes any sum payable by the employer, whether directly ......on shall not be admissible..................(24)     Cases Referred to- Islami Bank Bangladesh Ltd. Vs. Commissioner of Taxes, Companies Circle-19, 14 MLR (AD) 337. Lawyers Involved: Rafiq-ul Huq with Ahsanul Karim, Ehsan A. Siddiq—For the applicant. ..

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

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

....Ahsanul Karim, Ehsan A. Siddiq—For the applicantRazik-Al-Jalil, DAG with Mahfuza Begum, AAG, Nurun Nahar, AAG—For the respondent. Income Tax Reference Application No.20 of 2005 (Rule No.132(Ref) of 2011) Income Tax Reference Application No.21 of 2005 (Rule No.142 (Re......n (c) to Income Tax Reference Applications No. 20 of 2005. No answer to question (b) to Income Tax Reference Applications No. 21 of 2005, 22 of 2005, 23 of 2005, 24 of 2005 and 156 of 2006. Lawyers Involved Rafiq-ul Huq with Ahsanul Karim, Ehsan A. Siddiq—For the applicantRazik-..

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

The Commissioner of Taxes, Taxes Zone-5, 28/F, Segunbagicha, Dhaka Vs. Ms. Rubana Huq, wife of Mr. Aanisul Huq, 2015, 44 CLC (HCD)

....he result, the Income Tax Reference Application is rejected. However, there shall be no order as to costs. Md. Emdadul Haque Azad, J: I agree. Ed. This Case is also Reported in: ...... 80, Road No. 23, Block–A, Banani, Dhaka..........................Assessee-respondent Judgment January 7, 2015 Result: The Income Tax Reference Application is rejected. Lawyers Involved: Shaikat Basu, AAG with Nasrin Parvin, AAG—For I.T. Department. Sa..

Category: Fiscal/Taxation Law | Date: 7 Jan, 2015 | Hits: 1

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

....uestion 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: ...... to- Commissioner of Taxes Vs. Bangladesh Rural Advancement Committee (BRAC), 51 DLR (HCD) (1999)152; Commissioner of Taxes Vs. Ghaus-i-Pak-i-Azam Welfare Trust, 36 DLR (AD) 166.  Lawyers Involved: Md. Asaduzzaman, Adv.—For the Assessee-applicant  Nasrin Parv..

Category: Fiscal/Taxation Law | Date: 24 Dec, 2014 | Hits: 0

International Leasing and Financial Services Limited, represented by its Managing Director, Mr. Mustafizur Rahman of 5 Rajuk Avenue, Dhaka-1000 Vs. The Commissioner of Taxes, Taxes Zone-LTU, Dhaka, 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: ...... Tribunal in a mechanical way simply endorsed the view of the First Appellate Authority, which not being proper adjudication of the issue, cannot be endorsed by this court......... (14 & 15) Lawyers Involved: Abdus Salam Mamun, Adv.—For the Assessee-applicant Nasrin Parvin, ..

Category: Fiscal/Taxation Law | Date: 15 Dec, 2014 | Hits: 1