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

....rculation of petitioners' names in the report of Credit Information Bureau (CIB) of Bangladesh Bank as 'defaulter-borrower' should not be declared to be without lawful authority and of no legal effect and as to why the respondents should not be directed to delete the names of the petitio......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 ..

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)

....ct Judge, 1st Court, against the peti­tioners and opposite party No. 2 for declaration that the Contract No. 315510058 dated 31-1-2011 entered into between the plaintiff and petitioner No. 1 is illegal, void and have no binding effect on the plaintiff, for a declaration that the reciprocal perfo......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)

....-2003, the petitioner filed an application to oppo­site party Nos. 2 and 3, but they did not settle the matter. In the above circumstances, the petitioner finding no other way served two separate legal notices upon opposite party Nos.2 and 3 through his lawyer with the request to settle the audi......trative Appellate Tribunal, but for other grounds dis­cussed above. Accordingly, 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

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

....l in part, but decided that as a consequence of deletion of explanation of Part A of the Sixth Schedule of the Ordinance by Finance Act, 1999 (the Act, 1999) all income accruing to the trust or other legal obligation except donation received for charitable purposes, income from house property and in...... 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: ..

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

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

....ccused persons and that they were made after the object of conspiracy had been accom­plished. On the contrary, the learned DAG. argued that the confession being inculpatory in nature, there is no legal bar to use it under section 10 of the Evidence Act. Section 10 of the Evidence Act reads as fo...... 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. ..

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

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

....l in part, but decided that as a consequence of deletion of explanation of Part A of the Sixth Schedule of the Ordinance by Finance Act, 1999 (the Act, 1999) all income accruing to the trust or other legal obligation except donation received for charitable purposes, income from house property and in......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:     ..

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

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

....me Tax Ordinance, 1948 (Ordinance No. XXXVI of 1984) Paragraph 1(1), Part-A of the Schedule In the relevant assessment year, any income derived from house property held under trust or other legal obligation or from operation of micro credit program by such trust or obligation is excluded f...... 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: ..

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

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

....ondent-Commissioner of Taxes contested the reference applications by filing separate affidavits-in-reply supporting the common order of the Tribunal. 10. It has been stated that the Tribunal was legally justified in mostly rejecting the appeals holding that the income from interests of savings ......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:   ..

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

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

....to submit his statement of wealth along with the statements of wealth of his wife and other dependants within 7 (seven) days of the receipt of the said order. The said order dated 20-6-2007 contained legal action includ­ing confiscation of his assets in default of submitting the statements withi......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. ..

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

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

....ra Union Nagarpur, Tangail in violation of Rule 13(Uma) of the Muslim Marriages and Divorces (Registration) Rules, 2009 shall not be declared to have been passed without lawful authority and is of no legal effect. 2. The petitioner is a citizen of Bangladesh having requisite qualifications to b......ing insight into inner significance of statutory discretion and how the discretionary power is meant to be exercised within the limit of law vis-à-vis significance of a public office and legal status and duties of public functionaries so that instances of shocking abuse of the present kind ca..

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)

.... made therein. 10. Mr. Sheikh Awsafur Rahman, learned Advocate, appearing for the petitioner, submits that the High Court Division was wrong in giv­ing finding that the writ-petitioner was illegal­ly superseded inasmuch as he was, in fact, not regularized in his service in the revenue b......sely and arbitrarily found at least twice that the service of the writ-petitioner was not regularized and thus the respondents in colourable exercise of their power illegally refused to recognize his status and seniority, earned in course of his employ­ment in the service. In coining to the said..

Category: Employment/Service Law | Date: 4 May, 2014 | Hits: 7

Ayub Hossain Khan (Md.) Vs. Bangladesh and others, 2014, 43 CLC (AD)

....at the High Court Division had come up with an exquisite judgment which cannot be disloged. In his view none of the principles advanced by Mr. Ali can be engaged in the backdrop of factual as well as legal elements that orbit round the case in hand. He expressed that nothing could, in the instant ca......mbarking on a hair-split analyses on the said legislations, decisions and the circular, the High Court Division held that as both the par­ties admit that the subject property is a vested one, its status gives rise to no dilemma and then cited two aforementioned decisions to re-instate that (I) t..

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

Khan Mohammad Ameer Vs. Atiqur Rahman and others, 2014, 43 CLC (HCD)

....ded over possession to him. Habibur Rahman Mullick passed away on 7-4-1979 leav­ing behind his wife Meherunnessa, a son Atiqur Rahman, defendant Nos. 1 and 4 daughters, defendant Nos. 2-5, as his legal heirs and succes' sors. The defendant Nos. 1-5 and their mother mutated their names in the......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 ..

Category: Civil Law, Procedural Law | Date: 30 Apr, 2014 | Hits: 6

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

.... Advocate-on-Record—For the Petitioners. Shafique Ahmed, Senior Advocate instructed by Md.Taufique Hossain, Advocate-on-Record—For the Respon­dents. Whether the Tribunal was legally correct to give the direction upon accused to return the seized orna­ments to the other ......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. ..

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

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

....and the expenses not supported by documents, etc; that the Commissioner of Appeal reduced Tk. 9,00,000/- out of the disallowed expenses under various heads of expenses in the profit and loss accounts legally; that the Tribunal affirmed the order of the Commissioner of Appeal relating to rejection of......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:   ..

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

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.   ......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.   ..

Category: Civil Law | Date: 23 Apr, 2014 | Hits: 10

হোটেল পূর্বাণী ইন্টান্যাশনাল লিমিটেড বনাম কমিশনার অব ট্যাক্সেস, 2014, 43 CLC (HCD)

....দালতের মতামত প্রার্থণা করিয়াছেন; I. Whether, on the facts, and in the circumstance of the case, the learned Taxes Appellate Tribunal was legally justified to reduce/confirm the order of the Commissioner of Taxes (Appeals) regarding disal......ল না। বিচারপতি মোঃ ইমদাদুল হক আজাদ.- আমি একমত হইলাম। Ed. This Case is also Reported in:   ..

Category: Fiscal/Taxation Law | Date: 22 Apr, 2014 | Hits: 4

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

....a Haque, AAG and Md. Showardi AAG—For the tate-Respondent. Criminal Appeal No. 413 of 2000. Judgment Syed Md. Ziaul Karim J.- By this appeal, convict appellant has challenged the legality and propriety of the judgment and order of conviction and sentence dated 30-01-2000 passed ......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   ..

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

Borun Khatun and others Vs. Md. Hebaj Uddin Pramanik and another, 2014, 43 DLR (HCD)

....laintiff-appellant-opposite parties, on the other hand, submits that, dispute is for 47 decimals of land, 14 decimals from dag No.1157 and 33 decimals from dag No.1158 but plaintiff was not in actual legal possession as plaintiffs claimed only 33 decimals of land. 9. We are very sorry to mentio......on of the suit land till disposal of the appeal. Send down the lower Court records. Communicate this judgment at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 58. ..

Category: Property Law | Date: 6 Apr, 2014 | Hits: 9

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

....minal 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 passed by learned Additional Sessions Judge, Fif......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 ..

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