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Md. Jafar Ullah Vs. Bangladesh, 2014, 43 CLC (HCD)

....ublic of Bangladesh represented by the Secretary, Ministry of Home Affairs, Bangladesh Secretariat, Dhaka and others................Respondents Judgment June 18, 2014. Result: The Rule is discharged. The Public Gambling Act, 1867 (Act No. II of 1867); section 3 The Pena......se of such programs. g) action or drive by police and other agencies competent so to take, against acts prohibited and punishable under law are taken as a matter of course and of duty under law. Law does not permit interference into agency-actions against crimes and anti-social activities unles..

Category: Others | Date: 28 Jun, 2014 | Hits: 91

Mahabur Sheikh alias Mahabur Vs. State, represented by the Deputy Commissioner, Narail, 2014, 43 CLC (HCD)

....n to interfere with the decision of the High Court Division. Accordingly, the criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 54. ......was killed or explain by evidence how she came to meet her death.....(19) Case Referred to- Government of the People's Republic of Bangladesh Vs. Md Shafiqul Islam, 43 DLR (AD) 92. Lawyers Involved: Md. Zakir Hossain, Advocate instructed by Sufla Khatun Advocate-on-Record&mda..

Category: Women and Children | Date: 20 Jun, 2014 | Hits: 15

Motiur Rahman and others Vs. Siddika Begum and Others, 2014, 43 CLC (HCD)

....ers....................Petitioners Vs. Siddika Begum and Others...................Opposite-Parties Judgment June 16, 2014       Result: The Rule is discharged. Code of Civil Procedure (v of 1908); Order XXXIX, rules 1 & 2 read with......s prima facie arguable case for granting tempo­rary injunction in her favour……......(33) Case Referred to- Fahim Al Haque (Minor) Vs. Mohammad Abdur Aziz, 43 DLR 226. Lawyers Involved: None appears—For the Petitioners. M Qumrul Hague Siddique with Md...

Category: Procedural Law | Date: 16 Jun, 2014 | Hits: 0

State Vs. Md. Sajjad Ali, 2014, 43 CLC (HCD)

....nection with any other case. Send down the lower Court records with a copy of this judgment to the concerned Court at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 161 ......83; Shama Tudu Vs. State, 1987 Crl LJ 618; Dahyabhai Chhaganbhai Thakkar, appellant Vs. State of Gujarat, AIR 1964 (SC) 1563 (V 51 C 210) 1563; Mobarak Ali Vs. Md. Hachi Miah, 17 DLR (1965) 68 . Lawyers Involved: Dr. Md. Bashir Ullah, DAG with Mian Shamim Ahsan, AAG Yeadia Zaman, AAG&mdash..

Category: Criminal Law | Date: 16 Jun, 2014 | Hits: 15

Engineer Abdul Md. Wadud Vs. State and another, 2014, 43 CLC (AD)

....dvocate-on-Record—For the Respondents. Criminal Petition for Leave to Appeal No. 170 of 2014. (From the judgment and order dated 9-2-2014 passed by the High Court Division in Criminal Rule No. 288 (Suo Moto) of 2014.) The case reported in 19 BLC 468 has been affirmed by the abov...... Vs. State and another............................Respondent Judgment June 16, 2014.       Result: The petition is accordingly dis­missed. Lawyers Involved: ASM Abdul Mobin, Advocate, instructed by Zainul Abedin, Advocate-on-Record&md..

Category: Criminal Law | Date: 16 Jun, 2014 | Hits: 4

Mohoshin Miah (Md.) Vs. State and another, 2014, 43 CLC (HCD)

....of the promulgation of the Bidhimala the occurrence of this case was taken place. The permission either in written or oral was mandatory for the field officer for laying down a trap and every law and Rule is enacted in a civilized society to obey it and to serve the best purpose of the people and no...... black and white to explain his position before the lodging of the FIR……....(56) Case Referred to- Md. Rezaul Kabir Vs. State, 14 MLR 482; Nuruzzaman Vs. State, 14 BLC 5. Lawyers Involved: Md. Noor Hossain—For the Convict-Appellant. AKM Fazlul Haque, Advo..

Category: Anti-Corruption Laws, Criminal Law | Date: 10 Jun, 2014 | Hits: 8

Khandker Abul Hashem Vs. The Commissioner of Taxes, 2014, 43 CLC (HCD)

....was re-opened by issuing notice under Section 93 of the Ordinance on definite information about such concealment; that the main intention of section 83A of the Ordinance and rule 38 of the Income Tax Rules, 1984 (the Rules, in short) is that the return must be correct; that the return submitted by t....... VIP Industries Ltd., 191 ITR (Sc) 661; China Subbarayudu Vs. C.I.T, 172 ITR (AP) 278; Babu Ram Nagar Mal Vs. ITO, 222 ITR (P & H) 450; Raymond Woolen Mills Ltd. Vs. ITO, 207 ITR (Bom) 929. Lawyers Involved: Sarder Jinnat Ali—For the applicant Mahfuza Begum, AAG with Nurun ..

Category: Fiscal/Taxation Law | Date: 9 Jun, 2014 | Hits: 3

Khandker Abul Hashem Vs. Commissioner of Taxes, 2014, 43 CLC (HCD)

....ssuing notice under  Section 93 of the Ordinance on definite information  about such concealment; that the main intention of section 83A of the Ordinance and rule 38 of the  Income Tax Rules, 1984 (the Rules, in short) is that  the return must be  correct; that the return su....... VIP Industries Ltd., 191 ITR (Sc) 661; China Subbarayudu Vs. C.I.T, 172 ITR (AP) 278; Babu Ram Nagar Mal Vs. ITO, 222 ITR (P & H) 450; Raymond Woolen Mills Ltd. Vs. ITO, 207 ITR (Bom) 929. Lawyers Involved: Sarder Jinnat Ali—For the applicant Mahfuza Begum, AAG With Nurun..

Category: Fiscal/Taxation Law | Date: 9 Jun, 2014 | Hits: 5

Government of Bangladesh and others Vs. Md. Abdul Karim, 2014, 43 CLC (HCD)

....egation of misappropriation of the Government goods/commodities of the said Fakirgonj Food Godown worth Taka 21, 61,200.79. A departmental proceeding under Government Servants (Discipline and Appeal) Rules, 1985 was started against the petitioner and charges of misconduct, corruption and inefficienc...... Karim………………………………..Respondent Judgment June 9, 2014. Result: The petition is disposed of. Lawyers Involved: Biswajit Deb Nath, Deputy Attorney-General instructed by B Hossain, Advocate-..

Category: Civil Law, Procedural Law | Date: 9 Jun, 2014 | Hits: 4

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

....ings and decision as under: This civil appeal, by leave, is directed against the judgment and order dated 5-7-2004 passed by the High Court Division in Civil Revision No. 4041 of 1999 making the Rule absolute setting aside the judgment and decree dated 14-9-1999 passed by the learned Additional......ithin 6 years from the date of alleged threatened invasion on plaintiff's right on the basis of wrong entry of the suit land in records of right is well within time is not acceptable at all. Lawyers Involved: Mahmudul Islam, Senior Advocate (Probir Neogi, Advocate with him) instructed ..

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:   ......llip;……Respondent Judgment June 4, 2014. Result: The questions formulated for determination answered in the affirmative, in favour of the department-respondent. Lawyers Involved: M. A. Hannan—For the Applicant. Mahfuza Begum, AAG—For the R..

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

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

....;…………………….Petitioner Vs. Bangladesh Bank and others............Respondents Judgment June 1, 2014. Result: All the Rules are discharged. Bank Company Act (XIV of 1991) Section 5 GaGa Declaratory and Clarif...... Brij Mohon Das Laxman Das Vs. 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, Advoc..

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)

....s. Ahsanul Karim, Advocate with Khairul Alam Chowdhury, 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......ar Das, 154 1C 7; Gopi Ram Vs. Pokhar Das, 1541C 7;Gul Mohammed Vs. Fata Bibi, AIR 1956 J & K 122; Muhammad Mohideen Vs. Muhammed Naina, 177 1C 440; Hukum Chand Vs.TM Kaisha Ltd. 190 1C 596; Lawyers Involved: Asrarul Hossain, Advocate with Omar Sadat, Advocate—For the Petitioners..

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)

....ourt below are set-aside and the case for pre-emption be dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 315.           ......ore, cannot claim pre-emption under section 24 of the Act if any share or por­tion thereof of any other owner of holding or plot is transferred…………….. (17) Lawyers Involved: Mahbubey Alam, Senior Advocate instructed by Chowdhury Md. Zahangir, Advocate..

Category: Tenancy Law | Date: 28 May, 2014 | Hits: 22

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

....f higher authority like other Ministry/department and authorities; under sections 5(1) (2) of the said Act, no authority is empowered to change the pay scale against any post. As per the provision of Rules 9(a)(7) of the Rules of Business, 1975, only the Finance Division of the Ministry of Finance i......ts Judgment            May 25, 2014.        Result: The petition is dis­missed. Lawyers Involved: KhurshidAlam Khan, Advocate instructed by Zainul Abedin, Advocate-on-Record&m..

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

Amena Meher Vs. Md. Abdul Kader and others, 2014, 43 CLC (HCD)

....: The disposed of. Lawyers Involved: Rowshan Alam Khan, Advocate—For the Appellant. Nasir Uddin Khan, Advocate—For the Respondents. FMA No. 308 of 2013 with Civil Rule No. 296 (fin) of 2013. Judgment Nozrul Islam Chowdhury J.— In a pre-emp­tio......……Defendant-Appellant Vs. Md. Abdul Kader and others .................Plaintiff-Respondents Judgment May 19, 2014   Result: The disposed of. Lawyers Involved: Rowshan Alam Khan, Advocate—For the Appellant. Nasir Uddin Khan, A..

Category: Civil Law, Procedural Law | Date: 19 May, 2014 | Hits: 3

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

....sued by the Ministry of Law, Justice and Parliamentary Affairs. His departmental appeal was also dismissed. The charges against Mr. Aynal Haque brought by the respondents were under the provisions of Rules 3(b) and 3(d) of the Government Servants (Discipline and Appeal) Rules, 1985, that is, miscond......l Haque (Md.).........................Petitioners Vs Government of Bangladesh, Dhaka ..........Respondents Judgment May 19, 2014. Result: The petition is dismissed. Lawyers Involved: MI Farooquie, Senior Advocate, instructed by Md. Ferozur Rahman Advocate-on-R..

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

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

....er Vs. Md. Sydur Rahman………………………….................Opposite Party Judgment May 19, 2014. Result: The Rule issued in CR No. 4049 of 2012 is discharged. The Rule issued in CR 4153 of 2012 is made ab......termination of the biological relationship between the child and the defen­dant. .......(20) Cases Referred to- Managing Director Janata Bank Vs. Md. Bazlur Rahman, 51 DLR (AD) 141 Lawyers Involved: Mozahar Hossain, Advocate—For the Petitioner (In Criminal Revision No. ..

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)

....r trust or other legal obligation wholly for religious or charitable purposes were excluded from taxable income. The property is not defined in the Ordinance, but ‘property’ is defined in Rule 2(f) of the Income Tax Rules, 1984 (hereinafter referred to as the Rules) as under:- &ldqu......rred to- Commissioner of Taxes Vs. Bangladesh Rural Advancement Committee (BRAC), 51 DLR (1999) 152; Bangladesh Rural Advancement Committee Vs. the Commissioner of Taxes, 51 DLR (1999) 152. Lawyers Involved: Md. Asaduzzaman with S. M. Aslam—For the applicant in both the applicat..

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

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

.... 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. ......Saraswami Swamigal Vs. State of TO(2005) 2 SCC 13; Sidharth Vs. State of Bihar, (2005) 12 SCC 454; Bhuboni Sahu Vs. The King, 2 DLR; Privy Council, 39; Maqbool Hussain Vs. State 12 DLR (SC) 217. Lawyers Involved: Md.Shohrowardi, Deputy Attorney-General instruct­ed by Md. Ibrahim Khalil..

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