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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 ...... second part. So further extension of the stay order was not allowed. 9. Plaintiffs Case: The plaintiff Mosammat Beautiful Bibi claims that she was married to defendant Md. Saydur Rahman in terms of a kabinnama dated 28-12-2006. The dower was fixed at Taka 70,105 out of which Taka 105 was ......ade absolute. DNA Test accepted worldwide as a reliable scientific method for various purposes including determination of parentage The DNA report contains the analysis of data of the child and also of both plaintiff and defendants-- "The putative father Md. Saydur Rahman is the ..Category: Women and Children | Date: 19 May, 2014 | Hits: 29
.... 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:
...... same time discussed the implication and interpretation of law and came to a conclusion that the assessee-applicant’s organization would not get tax exemption benefit for non-fulfillment of the terms and conditions as laid down in the Schedule of the Ordinance; that the income of BRAC Dairy is......p;Applicant
Vs.
The Commissioner of Taxes, Taxes Zone-5, Shegun Bagicha, Dhaka…………Respondent
Judgment
May 14, 2014.
Result:
The questions (i) and (ii) formulated for determination answered in the negative in favour of the assessee-applicant
..
Category: Fiscal/Taxation Law | Date: 14 May, 2014 | Hits: 9
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: ...... same time discussed the implication and interpretation of law and came to a conclusion that the assessee-applicant’s organization would not get tax exemption benefit for non-fulfillment of the terms and conditions as laid down in the Schedule of the Ordinance; that the income of BRAC Dairy is......lip;Applicant Vs. The Commissioner of Taxes, Taxes Zone-5, Shegun Bagicha, Dhaka…………Respondent Judgment May14, 2014 Result: The questions (i) and (ii) formulated for determination answered in the negative in favour of the assessee-applicant ..Category: Fiscal/Taxation Law | Date: 14 May, 2014 | Hits: 3
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: ...... bank accounts, fixed deposits, debentures and Protirakshya Sanchaya Patras (PSPs) are liable to be taxed on the ground that these incomes from interests are offshoots of business income and that the terms and conditions as laid down in sub-Paragraph (2) of Paragraph 1 of Part-A of the Schedule of t......spondent (In both the applications) Judgment May 12, 2014 Result: The question (vi) formulated for determination answered in the affirmative in favour of the department-respondent and against the assessee-applicant. No answer to other questions. The Income Tax Ordinance..Category: Fiscal/Taxation Law | Date: 12 May, 2014 | Hits: 5
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: ...... bank accounts, fixed deposits, debentures and Protirakshya Sanchaya Patras (PSPs) are liable to be taxed on the ground that these incomes from interests are offshoots of business income and that the terms and conditions as laid down in sub-Paragraph (2) of Paragraph 1 of Part-A of the Schedule of t....... 255 of 2004 With Income Tax Reference Application No. 256 of 2004 Judgment Zinat Ara J.- Similar questions have been raised in Income Tax Reference Applications No. 255 of 2004 and 256 of 2004 and the parties to the income tax reference applications (hereinafter referred to as..Category: Fiscal/Taxation Law | Date: 12 May, 2014 | Hits: 5
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: ...... duties rather than waiting for judicial cure from case to case at the cost of poor litigants, time and public money. 16. Viewed in the light, we feel called to restate as far as possible in lay terms some elementary words providing insight into inner significance of statutory discretion and ho......druzzaman J Md. Abul Bashar………………..............Petitioner Vs. Government of Bangladesh, represented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs, Bangladesh Secretariat, Ramna, Dhaka and others……Respondent..Category: Administrative Law, Constitutional Law | Date: 4 May, 2014 | Hits: 5
....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.
......ificate/Marks Wing, (4) Metrology Wing, (5) Physical Testing Wing and (6) Chemical Testing Wing. Among others, there are provisions under different sections of the Ordinance relating to the terms and conditions of service of all the employees/officers of BSTI,
4. In 1985, CTL authorit......
Appellate Division
(Civil)
Present:
Surendra Kumar Sinha J
Md. Abdul Wahhab Miah J
Hasan Foez Siddique J
AHM Shamsuddin Chowdhury J
Director General, Bangladesh Standards and Testing Institution…………Petitioner
Vs.
Matiur Rahma..
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. ......"Lord Denning: The Judge and the Law, Edited by JL Jowell & JPWB Me Anslan) figured the most robust expression against the abusive and illusory application of the doctrine, in following terms in Reg Vs. Home Secretary, Ex-P Mughal (1974 QB 313): "The rules of natural justice ......bsp; Ayub Hossain Khan (Md.)................................Petitioner [In both the cases] Vs. Bangladesh and others (In Civil Petition 1901 of 2011) Human Rights and peace for Bangl..Category: Civil Law, Property Law | Date: 4 May, 2014 | Hits: 20
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 ......ne and half) year. As the suit was filed beyond this period of one and half year, the plaint is liable to be rejected. The trial court also considering this argument rejected the plaint. 25. The terms of the agreement dated 19-11-2009 are as follows: “অদ্য রোজ হাজ...... High Court Division (Civil Appellate Jurisdiction) Present: Farid Ahmed J Md. Khasruzzaman J Khan Mohammad Ameer.......................Appellant Vs. Atiqur Rahman and others ...............Respondents Judgment April 30, 2014 Result: The appeal..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. ......s. State …......................................................Respondent Judgment April 27, 2014. Result: The leave petition is disposed of on terms. Case Referred to- Gannysons Ltd Vs. Sonali Bank, 37 DLR (AD) 42. Lawyers Invol...... (Criminal) Present: Md.Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J AHM Shamsuddin Chowdhury J Parul Nath and others...............................Petitioners Vs. State ….....................Category: Criminal Law, Property Law | Date: 27 Apr, 2014 | Hits: 8
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. ...... Dhaka, stating, inter alia, that they were appointed as exclusive sales/commission agent for sale of different products of the appellant, Chittagong Steel Mills Ltd. (in short, the Mill) on the terms and conditions contained in an agreement dated 29-3-1994 for sale of CI Sheet, Billet and othe......D) (2014)246. ..Category: Civil Law | Date: 23 Apr, 2014 | Hits: 10
State Vs. Shajahan Bepari and others, 2014, 43 CLC (HCD)
....e is directed to dispose of the case within six months from date. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 140 ...... 1986 was repealed by Act XLII of 1992 came into force and this being procedural law whether it will apply to a pending case. 16. Sub-section (4) of section 339C of the CrPC was in the following terms before amendment by the Code of Criminal Procedure (Second Amendment) Act, 1992 (Act No.X......ourt Division (Criminal Revisional Jurisdiction) Present: Syed Md. Ziaul Karim J Ashish Rani an Das J State...........................Petitioner Vs. Shajahan Bepari and others.........Accused-Opposite Parties Judgment April 3, 2014. Result: The ..Category: Criminal Law, Procedural Law | Date: 3 Apr, 2014 | Hits: 3
AZM Tajul Islam vs. Government of Bangladesh and others, 2014, 43 CLC (HCD)
....seniority and experience, on the basis of the ACR within 15 days of receipt of this judgment and order. Ed. This Case is also Reported in: 20 BLC (HCD) (2015) 266. ...... Additional Chief Engineer of the Department of Public Works and he being a Government Employee cannot file this writ petition raising disputes regarding his promotion, which clearly falls within the terms and condition of service, as such, the Rule is not maintainable and hence the Rule is liable t......inal Jurisdiction) Present: Quazi Reza-ul-Hoque J ABM Altaff Hussain J AZM Tajul Islam...........................................Petitioner Vs. Government of Bangladesh and others.............Respondents Judgment April 3, 2014 Result: The Rule is ma..Category: Administrative Law | Date: 3 Apr, 2014 | Hits: 6
Bibi Joynab Begum Chowdhury and others Vs. Osi Mia alias Osi Mia Sawdagar, 2014, 43 CLC (AD)
....nd fact do not call for interference. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 190. ......ereafter, Badal Chakraborty executed a contract for sale (bainanama) of his eight annas share of land in schedule-1 to the plaint on 31-12-1963 in favour of Abdus Sobhan (plaintiff). According to the terms and conditions of the bainanama dated 31-12-1963, Badal Chakraborty executed a registered deed...... Supreme Court Appellate Division (Civil) Present: Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Md. Anwarul Haque J Bibi Joynab Begum Chowdhury and others………..................Petitioners Vs. Osi Mia alias Osi Mia ..Category: Property Law | Date: 19 Mar, 2014 | Hits: 15
SM Deen Islam Vs. Government of Bangladesh and others, 2014, 43 CLC (HCD)
....issue a fresh order in strict compliance of law, if so desires. There will be no order as to costs. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 34. ......nion is a sine qua non for the exercise of such power. Mere existence of any of the three circumstances mentioned in section 65(1) will not be enough. The Government also must form an opinion in terms of the language mentioned in section 65(1). The opinion is formed by the Government after cons......; Government of Bangladesh and others..........Respondents Judgment March, 2014. Result: Both the Rules are..Category: Administrative Law, Constitutional Law | Date: 4 Mar, 2014 | Hits: 5
Hafiz Ahmed Mazumder Vs. Pubali Bank Limited, 2014, 43 CLC (HCD)
....me of admission of this petition is hereby vacated. The parties will bear their respective cost. This Case is also Reported in: 66 DLR (HCD) (2014) 234 ......-2011 (Annexure-E to the petition) submits that these two notifications were issued by the BSEC in exercised of the power vested in it under section 2CC of the Ordinance and in no ambiguous terms it has been made clear in these two notifications that the directors of a public company liste......e Referred To- Md. Mazakat Harun & Ors. Vs. Export Import Bank of Bangladesh Ltd. 32 BLD (AD) (2012) 115. Lawyers Involved: Sheikh Fazle Noor Taposh with Md. Mehedi Hasan Chowdhury and AKM Rabiul Hassan with Md. Selim Jahangif, Advocates—For the Petitioners. Aktar Imam,..Category: Banking Law, Corporate Law | Date: 25 Feb, 2014 | Hits: 9
Moklesur Rahman (Md.) and another Vs. Government of Bangladesh and others, 2014, CLC (AD)
....hereinbefore. The Artha Rin execution case in question (No.560 of 2004) shall stand satisfied accordingly. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 207. ......ted the same and hence the writ-petitioners filed the instant writ petition. 3. A Division Bench of the High Court Division on hearing the writ petition issued Rule on 17-2-2010 in the following terms: "Let a Rule Nisi be issued calling upon the respondent(sic) to show cause as to why......ourt Appellate Division (Civil) Present: Md. Muzammel Hossain CJ Md. Abdul Wahhab Miah J Hasan Foez Siddique J AHM Shamsuddin Chowdhury J Moklesur Rahman (Md.) and another....................Petitioners Vs. Government of Bangladesh and others.....Category: Others | Date: 24 Feb, 2014 | Hits: 15
....Magistrate's Court is least desired.
15. For the reasons stated above this Division has laid down in a number of cases certain principles that should be followed in exercising this extraordinary jurisdiction. The High Court Division Judges are bound to adhere to them by virtue of ......e High Court Division.
The petition for Leave to Appeal is disposed of with the above observations and guidelines.
Ed.
This Case is also Reported in: 66 DLR (AD) (2014) 92.
......Criminal)
Present:
Md. Muzammel Hossain CJ
Surendra Kumar Sinha J
Md. Abdul Wahhab Miah J
Hasan Foez Siddique J
AHM Shamsuddin Choudhury J
Durnity Daman Commission and another………………Petitioner
Vs.
Dr. Khandaker Mo..
Category: Anti-Corruption Laws, Criminal Law, Procedural Law | Date: 24 Feb, 2014 | Hits: 52
Aftab Uddin (Md.) Vs. Chairman, Court of Settlement and another, 2014, 43 CLC (AD)
....manded to the Court of Settlement to deal with it in the light of our discussion above. There will be no order as to costs. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 253. ......manded to the Court of Settlement to deal with it in the light of our discussion above. There will be no order as to costs. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 253. ...... (Civil) Present: Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Aftab Uddin (Md.)......................Appellant Vs. Chairman, Court of Settlement and another ............Respondents Judgment February 19, 2014. Result: The appe..Category: Abandoned Properties Law | Date: 19 Feb, 2014 | Hits: 21
S.N. Kabir Vs. Fatema Begum and others, 2014, 43 CLC (AD)
...., we do not find any substance in these civil petitions for leave to appeal. Accordingly, both the petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 193. ......ebruary 16, 2014. Result: Both the petitions are dismissed. The preamble cannot be used to control the enactments themselves where they are expressed in clear and unambiguous terms. The aid of preamble can only be taken when the meanings of the words to be interpreted a......ent: Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Md. Anwarul Haque J S.N. Kabir...........................................Petitioner Vs. Fatema Begum and others...……………Respondents Judgment February 16, 201..Category: Property Law | Date: 16 Feb, 2014 | Hits: 19
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