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Shahin Reza (Md.) Vs. Nasiruddin Howlader and others, 2014, 43 CLC (AD)

....ereafter, the defendants filed another suit being Title Suit No. 207 of 1978 for permanent injunction against the enemy property authority and others and that suit also was decreed on 20-12-1980. The Government filed Title Suit No.33 of 1985 for setting aside the decree dated 20-12-1980 passed in Ti...... and findings given by Nazmun Ara Sultana, J. Order of Court This appeal is dismissed by majority decision. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 243   ......ivil) Present: Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Shahin Reza (Md.)……………………..Appellant Vs. Nasiruddin Howlader and others………Respondents Judgment June ...... This Case is also Reported in: 67 DLR (AD) (2015) 243   ..

Category: Limitation Law, Property Law | Date: 5 Jun, 2014 | Hits: 11

I.M. Reazul Hasan Vs. Commissioner of Taxes Vs. The Commissioner of Taxes, Taxes Zone-1, Dhaka, 2014, 43 CLC (HCD)

....ngladesh is directed to take necessary steps under section 16(2) of the Income Tax Ordinance, 1984. S. H. Md. Nurul Huda Jaigirdar J. - I agree. This Case is also Reported in:   ......................................... Provided that the provisions of this sub-section shall not apply in case of a loan or interest waived in respect of an assessee by a commercial bank including Bangladesh Krishi Bank, Rajshahi Krishi Unnayan Bank, Bangladesh Shilpa Bank or Bangladesh Shilpa Ri......(Statutory Original Jurisdiction) Present: Zinat Ara J S. H. Md. Nurul Huda Jaigirdar J I.M. Reazul Hasan, Deputy Divisional Engineer, Rupgonj, Dhaka……Applicant Vs. The Commissioner of Taxes, Taxes Zone-1, Dhaka…………Respondent ......uda Jaigirdar J. - I agree. This Case is also Reported in:   ..

Category: Fiscal/Taxation Law | Date: 4 Jun, 2014 | Hits: 5

Shafiqul Islam Vs. Bangladesh Bank and others, 2014, 43 CLC (HCD)

....stay granted earlier by this Court at the time of issuance of the said rules, thus, stand recalled and vacated Communicate this. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 270 ......: Sheikh Hassan Arif J Mohammad Ullah J Shafiqul Islam………………………………….Petitioner Vs. Bangladesh Bank and others............Respondents Judgment June 1, 2014. Result: ...... Present: Sheikh Hassan Arif J Mohammad Ullah J Shafiqul Islam………………………………….Petitioner Vs. Bangladesh Bank and others............Respondents Judgment June 1, 2014. Res......s. Commissioner of Income Tax, AIR 1997 SC 1651, page 165; IFIC Bank Limited vs Beximco Holdings Ltd., 57 DLR 154; Quazi Nasibul Hassan Vs. Bangladesh Bank, 61 DLR96. Lawyers Involved: Shah Md. Munir Sharif, with AKM Nurul Alam and Mohammad Imran Jahangir, Advocates—For the Petitione..

Category: Banking Law, Company Law | Date: 1 Jun, 2014 | Hits: 11

ECOM Agroindustrial Corporation Ltd. & another Vs. Mosharaf Composite Textile Mills Ltd, 2014, 43 CLC (HCD)

....iVs.Abu Bakr Siddique, 32 DLR (AD) 106; Abdu Bakr Siddique Vs. MV Aghia Thalassini, 30 DLR 94; Halcyon Steamship Co., Inc. USA, represented by Hegee and Co. (Pak) Ltd. Vs. Province East Pakistan, now Government of Bangladesh, represented by Collector of Chittagong, 26 DLR (SC) 7; Bangladesh Air Serv......Abdul Quayum Vs. International Finance Investment and Commerce Bank Ltd., 63 DLR 359; Rasheda BegumVs.Nurussafa 24 BLD (AD) 223, 9 BLC (AD) 223; Union of IndiaVs.GM Kokil, 1984 (Supp) SCC 196; Unicol BangladeshVs.Maxwell Engineering Works Ltd., 56 DLR (AD) 166; Uzbekistan Airways Vs.Air Spain Ltd., ......t Division (Civil Revisional Jurisdiction) Present: Sharif Uddin Chaklader J ATM Saifur Rahman J ECOM Agroindustrial Corporation Ltd. & another..........Petitioners Vs. Mosharaf Composite Textile Mills Ltd...........Opposite Party Judgment May 28, 20......hrough arbitration expeditiously. The order of injunction granted earlier by the trial Court is hereby vacated. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 330   ..

Category: Arbitration Law, Civil Law, Procedural Law | Date: 28 May, 2014 | Hits: 7

Elahi Box Sardar (Md.) Vs. Government of Bangladesh repre¬sented by Ministry of Communication and others, 2014, 43 CLC (AD)

....ain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Hasan Foez Siddique J AHM Shamsuddin Choudhury J Elahi Box Sardar (Md.).........................Petitioner Vs. Government of Bangladesh repre­sented by Ministry of Communication and others…&helli......rendra Kumar Sinha J Md. Abdul Wahhab Miah J Hasan Foez Siddique J AHM Shamsuddin Choudhury J Elahi Box Sardar (Md.).........................Petitioner Vs. Government of Bangladesh repre­sented by Ministry of Communication and others………..........mmel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Hasan Foez Siddique J AHM Shamsuddin Choudhury J Elahi Box Sardar (Md.).........................Petitioner Vs. Government of Bangladesh repre­sented by Ministry of Communication and others&hell......ccordingly, the petition is dis­missed. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 127.   ..

Category: Administrative Law | Date: 25 May, 2014 | Hits: 9

Aynul Haque (Md.) Vs. Government of Bangladesh, Dhaka, 2014, 43 CLC (HCD)

.... Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Hassan Foez Siddique J Aynul Haque (Md.).........................Petitioners Vs Government of Bangladesh, Dhaka ..........Respondents Judgment May 19, 2014. Result: ...... Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Hassan Foez Siddique J Aynul Haque (Md.).........................Petitioners Vs Government of Bangladesh, Dhaka ..........Respondents Judgment May 19, 2014. Result: The petit...... for this court to interefere with the impugned decision and order. Thus, the petition is dismissed. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 381     ......hus, the petition is dismissed. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 381     ..

Category: Administrative Law | Date: 19 May, 2014 | Hits: 3

Beautiful Bibi Vs. Md. Sydur Rahman, 2014, 43 CLC (HCD)

....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....... 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 ......sion (Civil Revisional Jurisdiction) Present: Md. Emdadul Huq J Beautiful Bibi………………….............................Petitioner Vs. Md. Sydur Rahman………………………&he...... Bench officer shall be retained. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 1 ..

Category: Women and Children | Date: 19 May, 2014 | Hits: 29

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

.... 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...... Ed This Case is also Reported in: ......iction) Present: Zinat Ara J S.H. Md. Nurul Huda Jaigirdar J Bangladesh Rural Advancement Committee (BRAC), BRAC Centre, Dhaka-1212 …………Applicant Vs. The Commissioner of Taxes, Taxes Zone-5, Shegun Bagicha, Dhaka………&hell......urul Huda Jaigirdar J:- I agree. Ed This Case is also Reported in: ..

Category: Fiscal/Taxation Law | Date: 14 May, 2014 | Hits: 9

State and another Vs. Abdul Kader @ Mobile Kader and others, 2014, 43 CLC (AD)

.... 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...... under sections 302/120B of the Penal Code and he be released from Jail at once, if not wanted, in connection with any other case. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 6. ......) Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Hasan Foez Siddique J State and another.... .............................Appellant Vs. Abdul Kader @ Mobile Kader and others..........Respondents Judgment May 14, 2014.......once, if not wanted, in connection with any other case. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 6. ..

Category: Criminal Law | Date: 14 May, 2014 | Hits: 16

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

.... 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......s also Reported in:     ...... Present: Zinat Ara J S. H. Md. Nurul Huda Jaigirdar J Bangladesh Rural Advancement Committee (BRAC), BRAC Centre, Dhaka-1212……………Applicant Vs. The Commissioner of Taxes, Taxes Zone-5, Shegun Bagicha, Dhaka………&hell......r J. - I agree. This Case is also Reported in:     ..

Category: Fiscal/Taxation Law | Date: 14 May, 2014 | Hits: 3

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

....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 ...... Ed. This case is also Reported in: ...... S. H. Md. Nurul Huda Jaigirdar J Bangladesh Rural Advancement Committee (BRAC), BRAC Centre 75, Mohakhali Commercial Area, Dhaka-1212.................Applicant (In both the applications) Vs. The Commissioner of Taxes, Taxes Zone-5, Second 12-Storied Building, Segun Bagicha, Dhaka&h......ul Huda Jaigirdar J.- I agree. Ed. This case is also Reported in: ..

Category: Fiscal/Taxation Law | Date: 12 May, 2014 | Hits: 5

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

....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 ......This Case is also Reported in:   ...... S. H. Md. Nurul Huda Jaigirdar J Bangladesh Rural Advancement Committee (BRAC), BRAC Centre 75, Mohakhali Commercial Area, Dhaka-1212.....................Applicant in both the applications Vs. The Commissioner of Taxes, Taxes Zone-5, Second 12-Storied Building, Segun Bagicha, Dhaka&h......uda Jaigirdar J.- I agree. This Case is also Reported in:   ..

Category: Fiscal/Taxation Law | Date: 12 May, 2014 | Hits: 5

State Vs. Faisal Morshed Khan and another, 2014, 43 CLC (AD)

....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......ccordingly, both the criminal petitions for leave to appeal are dismissed with the observation made in the body of the judgment. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 236. ......d. Imman Ali J State..........................Petitioner (In Criminal Petition No.117 of 2011) Anti-Corruption Com­mission..........Petitioner (In Criminal Petition No.210 of 2011) Vs. Faisal Morshed Khan and another.................Respondents (In both the cases) Judgme....... Ed. This Case is also Reported in: 66 DLR (AD) (2014) 236. ..

Category: Anti-Corruption Laws | Date: 5 May, 2014 | Hits: 8

Md. Abul Bashar Vs. Government of Bangladesh, 2014, 43 CLC (HCD)

....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......al 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 Affairs, Bangla......on (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 Parlia...... Md. Badruzzaman J. - I agree Ed. This Case is also Reported in: ..

Category: Administrative Law, Constitutional Law | Date: 4 May, 2014 | Hits: 5

Director General, Bangladesh Standards and Testing Institution Vs. Matiur Rahman and others, 2014, 43 CLC (AD)

....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. ......me Court 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. ...... Md. Abdul Wahhab Miah J Hasan Foez Siddique J AHM Shamsuddin Chowdhury J Director General, Bangladesh Standards and Testing Institution…………Petitioner Vs. Matiur Rahman and others……………………&he......ngly, 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)

....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......sp;                Ayub Hossain Khan (Md.)................................Petitioner [In both the cases] Vs. Bangladesh and others (In Civil Petition 1901 of 2011)     Human Rights and peac......                  Ayub Hossain Khan (Md.)................................Petitioner [In both the cases] Vs. Bangladesh and others (In Civil Petition 1901 of 2011)     Human Rights...... Ed. This Case is also Reported in: 66 DLR (AD) (2014) 215.   ..

Category: Civil Law, Property Law | Date: 4 May, 2014 | Hits: 20

Parul Nath and others Vs. State, 2014, 43 CLC (AD)

....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......ce Station Case No.24(8)2004 under section 25B of the Special Powers Act, 1974 (the Act, 1974). The informant deposited the seized almost, namely: gold and silver ornaments, cash money and stone with Bangladesh Bank, Chittagong. Accused-Sree Ram Krishna Nath surrendered before the High Court Divisio...... Surendra Kumar Sinha J  Md. Abdul Wahhab Miah J AHM Shamsuddin Chowdhury J      Parul Nath and others...............................Petitioners Vs. State …......................................................Respondent Judgmen......urt in Criminal Appeal No.43 of 2009 stand Accordingly. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 77. ..

Category: Criminal Law, Property Law | Date: 27 Apr, 2014 | Hits: 8

Pubali Bank Limited Vs. Commissioner of Taxes, 2014, 43 CLC (HCD)

....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......ly affirmed the deduction relating to the provision for bad and doubtful debts and interest thereon as per provision under section 29(1)(xviiiaa) of the Ordinance, which must not exceed the amount of Bangladesh Bank’s classified loan; that the order passed by the Tribunal is lawful and so, the......Zinat Ara J S. H. Md. Nurul Huda Jaigirdar J Pubali Bank Limited, Head Office, Central Accounting Division, Dhaka-1000…………………Applicant Vs. The Commissioner of Taxes, Taxes Zone-5, Dhaka……………Respo......Huda Jaigirdar J: I agree. This Case is also Reported in:   ..

Category: Fiscal/Taxation Law | Date: 27 Apr, 2014 | Hits: 6

Ibrahim Vs. State, 2014, 43 CLC (HCD)

....m be set at liberty if not detained in any other case. The Office is directed to send down the records at once. Ed. This Case is also Reported in: 20 BLC (HCD) (2015) 289   ......(55) Case Referred to- State BCR 1987 (AD) 376= 39 DLR (AD) 194; Abdul Hai Sikder Vs. State, 43 DLR (AD) 95; Ataur Rahman Vs. State, 43 DLR (HC) 87; Abdul Quddus Vs. State, 43 DLR (AD) 234; Bangladesh (State) Vs. Paran Chandra Baroi, 1986 BCR (AD) 225; State Vs. Al Hasib Bin Jamal alias Ha...... High Court Division (Criminal Appellate Jurisdiction) Present: Syed Md. Ziaul KarimJ  Ashish Ranjan Das J Ibrahim..............................Convict-Appellant Vs. State.......................................Respondent Judgment April 16, 2014.&n......rds at once. Ed. This Case is also Reported in: 20 BLC (HCD) (2015) 289   ..

Category: Evidence Law, Women and Children | Date: 16 Apr, 2014 | Hits: 17

State Vs. Shajahan Bepari and others, 2014, 43 CLC (HCD)

....er. None appears—For the Opposite Parties. Criminal Revision No. 3544 of 1991 Judgment Syed Md. Ziaul Karim J. — By this Rule, the State, represented by the Solicitor, Government of the Bangladesh as petitioner has challenged the legality and propriety of the order da......ars—For the Opposite Parties. Criminal Revision No. 3544 of 1991 Judgment Syed Md. Ziaul Karim J. — By this Rule, the State, represented by the Solicitor, Government of the Bangladesh as petitioner has challenged the legality and propriety of the order dated 20-8-1991 pass......upreme Court High Court 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, 201......cate the order at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 140 ..

Category: Criminal Law, Procedural Law | Date: 3 Apr, 2014 | Hits: 3