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Tapan Kumar Mondal Vs. Bangladesh and others, 2014, 43 CLC (HCD)
....ability or the physical condition of handicraft. The petitioner applied for the post of Headmaster in the District of Satkhira while there is no information by either of the parties to number of candidates with any physical handicraft disability or whether the respondents have already sufficient num......t July 23, 2014 Result: The Rule is disposed of. Whether the petitioner was eligible to be appointed as the Headmaster in any special quota or not It is difficult to take any decision as to the nature of handicraft of the petitioner who has been suffering from but as per the..Category: Employment/Service Law | Date: 23 Jul, 2014 | Hits: 36
.... Deputy Attorney-General, instructed by Sufia Khatun, Advocate-on-Record—For the Appellants.
Ex-parte—Respondent.
Civil Appeal No. 252 of 2003.
(From the judgment and order dated 4-1-2000 passed by the High Court Division in Writ Petition No.287 of 1995.
Judgment
......filing an appeal as proved under section 193 of the Customs Act. Section 193 of the Customs Act as quoted below:
"193. Appeals to Commissioner (Appeal)—(1) Any person aggrieved by any decision or order passed under the Act, not being a decision or order passed under section 82 or sec..
Category: Constitutional Law, Fiscal/Taxation Law | Date: 22 Jul, 2014 | Hits: 6
Union Capital Limited Vs. Commissioner of Taxes, 2014, 43 CLC (HCD)
....ssessee. Questions formulated for determination: Whether, in the facts and on the circumstances of the case, the Tribunal under section 159(2)/28(3)/35(2) read with FID Circular No. 8 dated 3.8.2002 and section 35(3) was justified, in upholding the addition of unrealized doubtful int......id not consider the same in its true perspective and as such the same is required to be considered by this court. 7. The learned Advocate Mr. Sarder Jinnat Ali while taken this court through the decision made in the case of Commissioner of Income Tax Vs. Lackatoorha Tea company Limited, reporte..Category: Fiscal/Taxation Law | Date: 21 Jul, 2014 | Hits: 3
....Sufla Khatun Advocate-on-Record—For the Petitioner.
None Represented—For the Respondent.
Criminal Petition for Leave to Appeal No. 139 of 2011.
(From the judgment and order dated the 16th of January, 2011 passed by the High Court Division in Death Reference No. 150 of 2005......roper consideration of the evidence and materials on record rejected the reference and dismissed the appeal, altering the conviction and sentence.
We do not find any reason to interfere with the decision of the High Court Division. Accordingly, the criminal petition for leave to appeal is dismi..
Category: Women and Children | Date: 20 Jun, 2014 | Hits: 15
Motiur Rahman and others Vs. Siddika Begum and Others, 2014, 43 CLC (HCD)
....arties. Civil Revision No. 2742 of 2013. Judgment FRM Nazmul Ahasan J.—This rule was issued calling upon die opposite parties No. 1 to show cause as to why the judgment and order dated 9-6-2013 passed by the District Judge, Kishoregonj in Miscellaneous Appeal No.122 of 2009 allo......emporary injunction which contradicted the judgment and order passed in the miscellaneous appeal and allowing the prayer for temporary injunction, the appellate court committed an error of law in the decision occasioning failure of justice. 14. It is further stated that the learned District Jud..Category: Procedural Law | Date: 16 Jun, 2014 | Hits: 0
State Vs. Md. Sajjad Ali, 2014, 43 CLC (HCD)
....nder section 302 of the Penal Code and convicted and sentenced him thereunder to death in Sessions Case No. 609 of 2008 arising out of MGR No. 690 of 2007, corresponding to Motihar PS Case. No.3 dated 7-8-2007. 3. Being aggrieved by and dissatisfied with the impugned judgment and order dat...... in AIR 1964, (SC) 1563; 4. MobarokAli Vs. Md Hachi Miah, reported in 17 DLR (1965) 68; 5. Hazrat Ali and Abdur Rahman Vs. State, reported in 42 DLR 177. 19. We shall discuss about the decision of the above cases later. 20. Mr. SM Shahjahan, Mr. Md. Moniruzzaman and Mr. Md. Ashik..Category: Criminal Law | Date: 16 Jun, 2014 | Hits: 15
Mohoshin Miah (Md.) Vs. State and another, 2014, 43 CLC (HCD)
....sh; This criminal appeal, at the instance of the convict appellant under section 10 of the Criminal Law Amendment Act, 1958 has been directed against the judgment and order of conviction and sentence dated 4-3-2010 passed by the Special Judge, 4 Court, Dhaka in Special Case No. 2 of 2009 arising out......d order along with the lower Court's record be sent to the concerned Court for information and necessary action. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 114 ..Category: Anti-Corruption Laws, Criminal Law | Date: 10 Jun, 2014 | Hits: 8
Khandker Abul Hashem Vs. The Commissioner of Taxes, 2014, 43 CLC (HCD)
....e, 1984.) Judgment Zinat Ara J.- This income tax reference application under section 160 of the Income Tax Ordinance, 1984 (hereinafter referred to as the Ordinance) arises out of the order dated 26.08.2003 passed by the Taxes Appellate Tribunal, Division Bench-1, Dhaka (the Tribunal, in b......d by the DCT, the order passed by the AJCT in the first appeal as well as the order passed by the Tribunal in second appeal for the above mentioned assessment year 1999-2000. We have also studied the decisions as referred to by the learned Advocate for the assessee-applicant. 15. It is not disp..Category: Fiscal/Taxation Law | Date: 9 Jun, 2014 | Hits: 3
Khandker Abul Hashem Vs. Commissioner of Taxes, 2014, 43 CLC (HCD)
....04. Judgment Zinat Ara J.- This income tax reference application under section 160 of the Income Tax Ordinance, 1984 (hereinafter referred to as the Ordinance) arises out of the order dated 26.08.2003 passed by the Taxes Appellate Tribunal, Division Bench-1, Dhaka (the Tribunal......, the order passed by the AJCT in the first appeal as well as the order passed by the Tribunal in second appeal for the above mentioned assessment year 1999-2000. We have also studied the decisions as referred to by the learned Advocate for the assessee-applicant. ..Category: Fiscal/Taxation Law | Date: 9 Jun, 2014 | Hits: 5
Shahin Reza (Md.) Vs. Nasiruddin Howlader and others, 2014, 43 CLC (AD)
....wrong. When an invasion on the rights of a person is made on the basis of the wrong records of right he can file a suit for declaration of title and that suit, if brought within 6 years from the date of such invasion, is well within time. The argument that this suit being filed within 6 years f......rties, decreed the suit. The appellate court below also affirmed the judgment and decree of the trial court and dismissed the appeal. The High Court Division reversed the concurrent findings and decision of the trial court and the appellate court below and dismissed the suit making observations..Category: Limitation Law, Property Law | Date: 5 Jun, 2014 | Hits: 11
Shafiqul Islam Vs. Bangladesh Bank and others, 2014, 43 CLC (HCD)
....s) shares and in Russel Lodge he held 500 (five hundred) shares out of total 3,000 (three thousands) shares. Mystic obtained credit facilities from Sonali Bank (respondent No. 4) vide sanction letter dated 25-9-2004, and in obtaining such credit facilities, the petitioner executed personal guar......as the said personal guarantees continue, no amendment inserting those categories in the said definition can take retrospective effect. In support of his submissions. Mr Sharif refers to various decisions of this Court as well as the Superior Courts of this sub-continent, namely Nazimuddin Vs. ..Category: Banking Law, Company Law | Date: 1 Jun, 2014 | Hits: 11
....ry, Advocate—For the Opposite Party No. 1.
Civil Revision No. 1280 of 2014
Judgment
Sharif Uddin Chaklader J.— This Rule was obtained by the defendants against Order No. 29 dated 22-1-2014 passed by the learned Joint District Judge, 1st Court, Dhaka in Title Suit No. 73 of......Party
Judgment
May 28, 2014.
Result:
This rule is disposed of.
Arbitrators have no Jurisdiction over the Court but Court has Jurisdiction over the Arbitration—
The decisions of the arbitration is subject to review by the Court, either at the time of mistake of som..
Category: Arbitration Law, Civil Law, Procedural Law | Date: 28 May, 2014 | Hits: 7
Asad Ali (Md.) and another Vs. Golam Sarwar and others, 2014, 43 CLC (AD)
....Appellants. Sufia Khatun, Advocate-on-Record—For Respondent Nos.1 and 2. None represented—Respondent Nos.3-45. Civil Appeal No.67 of 2004. (From the judgment and order dated 16-10-2001 passed by the High Court Division in Civil Revision No.3271 of 1997.) Judgment......land transferred. The learned Counsel for the appellants has contended that the High Court Division has failed to make distinction between holding and land and thus came to the wrong finding and decision. 10. Mrs. Sufia Khatun, the learned Advocate-on-Record for the respondent Nos.1 and 2 ..Category: Tenancy Law | Date: 28 May, 2014 | Hits: 22
....gir, Deputy Attorney-General instructed by Md. Zahirul Islam, Advocate-on-Record— For the Respondents.
Civil Petition for Leave to Appeal No. 212 of 2010.
(From the judgment and order dated the 12th day of November, 2009 passed by the Administrative Appellate Tribunal, Dhaka in Admin......bunal, Dhaka in Administrative Appellate Tribunal Appeal No.201 of 2005).
Judgment
Md. Abdul Wahhab Miah J. - In this petition for leave to appeal, the petitioner has called in question the decision dated the 12th day of November, 2009 given by the Administrative Appellate Tribunal, Dhaka ..
Category: Administrative Law | Date: 25 May, 2014 | Hits: 9
Amena Meher Vs. Md. Abdul Kader and others, 2014, 43 CLC (HCD)
.... Nozrul Islam Chowdhury J.— In a pre-emption proceeding under Mohammadan Law, the appellant is the pre-emptee who purchased the disputed land from one Jamila Khatun by a registered kabala dated 23-8-2011 bearing registration No.4146 and the pre-emptor respondent has brought the proceedin....... The office is directed to communicate this order to the Joint District Judge, 2nd Court, Pabna for compliance. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 61 ..Category: Civil Law, Procedural Law | Date: 19 May, 2014 | Hits: 3
Aynul Haque (Md.) Vs. Government of Bangladesh, Dhaka, 2014, 43 CLC (HCD)
..... Ferozur Rahman Advocate-on-Record—For the Petitioner. None Represented—For the Respondent. Civil Petition for Leave to Appeal No. 64 of 2010. (From the judgment and order dated 29-10-2009 passed by the Administrative Appellate Tribunal in Appeal No.147 of 2006.) Jud......dated 29-10-2009 passed by the Administrative Appellate Tribunal in Appeal No.147 of 2006.) Judgment Hasan Foez Siddique J.— This petition for leave to appeal is directed against the decision and order dated 29-10-2009 passed by the Administrative Appeallate Tribunal, Dhaka in Appea..Category: Administrative Law | Date: 19 May, 2014 | Hits: 3
Beautiful Bibi Vs. Md. Sydur Rahman, 2014, 43 CLC (HCD)
....bsp; Judgment Md. Emdadul Huq J.- Subject matter of the two Revisions: These two Civil Revisions arose from the same judgment and decree dated 3-4-2011 by which the learned Joint District Judge, 2 Court, Naogaon partly allowed Family App......plaintiff. Ultimately he divorced her on 23-4-2007 in a local salish. At that time he paid the entire dower and also the maintenance of the plaintiff for the period of iddat. 12. Proceedings and decision of the courts below: At the trial, plaintiff produced evidence through four witnesses ..Category: Women and Children | Date: 19 May, 2014 | Hits: 29
.....)
Judgment
Zinat Ara J.- This income tax reference application under Section 160(1) of the Income Tax Ordinance, 1984 (hereinafter referred to as the Ordinance) has arisen out of the order dated 26.8.2003 passed by the Taxes Appellate Tribunal, Division Bench-1, Dhaka (briefly stated as t......15/2002/2003 before the Appellate Joint Commissioner of Taxes, Appellate Range-2, Taxes Appeal Zone-1, Dhaka (shortly stated as the AJCT). Upon hearing, the AJCT by order dated 28.5.2003 affirmed the decision of the DCT so far as it relates to disallowing tax exemption for the income of Aarong and B..
Category: Fiscal/Taxation Law | Date: 14 May, 2014 | Hits: 9
State and another Vs. Abdul Kader @ Mobile Kader and others, 2014, 43 CLC (AD)
....torney-General instructed by B Hossain, Advocate-in-Record—For the Respondent (In Criminal Appeal No.24 of 2010). Criminal Appeal Nos. 22-24 of 2010. (From the judgment and order dated the 25th day of November, 2007 passed by the High Court Division in Death Reference No. 14 of ......' Being the final court of fact, the High Court Division ought to have narrated the relevant evidence of these witnesses meticulously, and then to discuss their evidence and then to give its decision with reasons. Except the reproduction of the submissions of the counsel for the accuse..Category: Criminal Law | Date: 14 May, 2014 | Hits: 16
Bangladesh Rural Advancement Committee (BRAC) Vs. Commissioner of Taxes, 2014, 43 CLC (HCD)
....04 Judgment Zinat Ara J.- This income tax reference application under Section 160(1) of the Income Tax Ordinance, 1984 (hereinafter referred to as the Ordinance) has arisen out of the order dated 26.8.2003 passed by the Taxes Appellate Tribunal, Division Bench-1, Dhaka (briefly stated as t......15/2002/2003 before the Appellate Joint Commissioner of Taxes, Appellate Range-2, Taxes Appeal Zone-1, Dhaka (shortly stated as the AJCT). Upon hearing, the AJCT by order dated 28.5.2003 affirmed the decision of the DCT so far as it relates to disallowing tax exemption for the income of Aarong and B..Category: Fiscal/Taxation Law | Date: 14 May, 2014 | Hits: 3
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