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Bangladesh Rural Advancement Committee (BRAC) Vs. 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......artment-respondent No answer to question (iv). Cases Referred to- The Commissioner of Taxes vs. Bangladesh Rural Advancement Committee (BRAC) reported in 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: 3

Asad Ali (Md.) and another Vs. Golam Sarwar and others, 2014, 43 CLC (AD)

....sion and also that of the appellate Court 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: Civil Law, Property Law | Date: 14 May, 2014 | Hits: 7

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: ......agraph 1(1), Part-A of the Schedule of the Ordinance.................(31) Cases Referred to- Commissioner of Taxes Vs. Bangladesh Rural Advancement Committee (BRAC), 51 DLR (1999) 152. Lawyers Involve: Md. Asaduzzaman with S. M. Aslam—For the applicant in both the applicati..

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

Nurul Hoq Bhuiyan Vs. Momtazul Islam and others, 2014, 43 CLC (HCD)

.... 8. Being aggrieved by the judgment and preferred Civil Revision No.1394 of 2008 and the contesting defendant Nos. 66 to 76 preferred Civil Revision No.2821 of 2008 before the High Court Division. Rule was issued in both those civil revisions. 9. A Division Bench of the High Court Division h......urt from the proper custody and, as such, taking of this partition deed into evidence and making of the same as exhibit has been illegal……………….....(15). Lawyers Involved: Mahmudul Islam, Senior Advocate with Probir Neogi, Advocate instructed by Md...

Category: Property Law | Date: 12 May, 2014 | Hits: 6

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:   ......on answered in the affirmative in favour of the department-respondent. Cases Referred to- The Commissioner of Taxes Vs. Bangladesh Rural Advancement Committee, reported in 51 DLR, 152. Lawyers Involved: Md. Asaduzzaman with S. M. Aslam—For the applicant in both the applicat..

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

Abdul Hamid (Ujir) Vs. State and others, 2014, 43 CLC (HCD)

....s. State and others…………………….Opposite-Party Judgment May 8, 2014.        Result: The Rule is made absolute. Section 27 transpires that a person who has complaint under the provisio......appears that the complainant has earlier been refused by the local police station to accept her FIR nor she stated such story of refusal on oath in her petition of complaint....... (14 & 13) Lawyers Involved: Md. Shakhawat H Khan, Advocate—For the Petitioner. Md. Shahidul Is..

Category: Criminal Law, Women and Children | Date: 8 May, 2014 | Hits: 5

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

.... lodged an First Information Report (FIR) with the Gulshan Police Station on 10-12-2007 alleging that the respondent and his wife committed offence under sections 26(2) and 27(1) of the Act, 2004 and Rule 15(Gha) of the Emergency Power Rules read with section 109 of the Penal Code by giving false st......p;     Result: Both the petitions for leave to appeal are dismissed. Cases Referred to- Mohiuddin Khan Alamgir Vs. Anti-Corruption Commission, 15 BLC 107. Lawyers Involved: Biswajit Deb Nath, Deputy Attorney-General, instructed by Sufia Khatun, Advoc..

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

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

....d by the Secretary, Ministry of Law, Justice and Parliamentary Affairs, Bangladesh Secretariat, Ramna, Dhaka and others……Respondents Judgment May 4, 2014 Result: The Rule is made absolute. Cases Referred to- Mlv Md. Abdul Khiurshid Alam Vs.Bangladesh &......J Md. Badruzzaman 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…&hell..

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)

....o attempt has been made to attack the finding of the High Court Division on Service Matter Having been considered the provisions of sections 36(1), 36(2) of the Ordinance, relevant rules of the Rules, the High Court Division took correct view in the matter as to the right of the writ-petitione......ntion with reference to the memos. In the leave petition, no attempt has been made to attack the finding of the High Court Division in that respect…………….. (15) Lawyers Involved: Sheikh Awsafur Rahman Advocate instructed by Sufia Khatun, Advocate-on-Record..

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

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

....tions being identical, the Division Bench con­cerned took up both the petitions together for adjudication and disposed both of them by a sin­gle judgment, dated 21st August, 2011. 3. The Rule engendered by the Writ Petition No.4608 of 2009 has been discharged on merit while the Rule iss...... Vs. North and East Dewan Health. Authority ex-PCoughlan 2001 QB 213;R Vs. SOS Home Department ex-P Hargreaves, 1997 1 WLR 906; Schmidt Vs. Secretary of State for Home Affairs, 1969 All ER Vol. 1904; Laws LJ in R (Niazi) Vs. SOS for Home Department, 2008 EWCA CIV 755; R Vs. North and East Devon Heal..

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

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

.... and not binding upon the plaintiff. 34. The trial court decreed the suit and on appeal the suit was dismissed allowing the appeal. The High Court Division by the impugned judg­ment made the Rule absolute decreeing the suit. …………………&hell......6; Hyam Vs. Cubbay AIR 1916, 1(FB); Rossiter Vs. Miller 1878, 3 AC 1124, Hatzfeld Wildenburg Vs. Alexander 19121 Ch. 284-248 and AIR 1933 PC 31; Balwantsingh Vs. Raijaram, AIR 1975 Rajasthan 73. Lawyers Involved: Abdul Wadud Bhuiyan with Qunirul Haque Siddique and Abdul Barek Chawdhury&mda..

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

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

....002. Accused-Sree Ram Krishna Nath then preferred an application under sec­tion 561A of the Code before the High Court Division seeking quashment of the proceedings of GR Case No.393 of 2005. The Rule was issued upon the State and another to show cause as to why the proceedings of the said GR ca...... 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 Involved: Abdullah-al-Mamun, Advocate instructed by Nurul Islam Bhuiyan, Advocate-on-Re..

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

Pubali Bank Limited 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:   ......ys Bank Vs. the Commissioner of Taxes, in Income Tax Reference Application No. 229 of 2003; Pubali Bank Limited Vs. the Commissioner of Taxes, in Income Tax Reference Application No.112 of 2006. Lawyers Involved: A.S.M. Abdur Razzaque—For the applicant. Mahfuza Begum, AAG with ..

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

Chittagong Steel Mills Ltd and another Vs. MEC, Dhaka & others, 2014, 43 CLC (AD)

....—Respondent Nos.2-5. Civil Appeal No.106 of 2004. (From the judgment and order dated 13-1-2004 passed by the High Court Division in First Miscellaneous Appeal No.157 of 2001 and Civil Rule No.321 (FM) of 2001). Judgment Syed Mahmud Hossain J.- This appeal by leave by the de......spondents Judgment April 23, 2014. Result: The appeal is dismissed. Cases Referred to- WAPDA Vs. Khanzada Md. Abdul Haque Khan Khattak and Company, PLD 1990 SC 359. Lawyers Involved: Quamrul Hoque Siddique, Advocate, instructed by Mvi. Md. Wahidullah, Advocate..

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

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

....ল না। বিচারপতি মোঃ ইমদাদুল হক আজাদ.- আমি একমত হইলাম। Ed. This Case is also Reported in:   ......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

Nur Mohammad and others Vs. Mosammat Kamla Khatun and others, 2014, 43 CLC (AD)

....ondoned. 2. This petition for leave to appeal is direct­ed against the judgment and order dated 17-5-2009 passed by the High Court Division in Civil Revision No. 3371 of 1998 discharging the Rule and affirming the judgment and decree dated 20-5-1998 passed by the then learned Subordi­na......sammat Kamla Khatun and others..........Respondents Judgment          April 17, 2014.   Result: The petition is disposed of. Lawyers Involved: Mahbubey Alam, Senior Advocate, instructed by M Wali-ul-Islam, Advocate-on-Re..

Category: Civil Law, Procedural Law | Date: 17 Apr, 2014 | Hits: 2

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

....ons charged with crime, the fol­lowing principles should be taken into consid­eration…………..(39) Evi­dence of Solitary Witness Calls for Corroboration as s Rule of Prudence. It is absolutely nec­essary for the interest of justice that at least the......te, 1 BLC 558; Rekatfullah Vs. State, 13 DLR 750; AIR 1921 (PC) 69; Safder Ali Vs. Crown, 5 DLR (FC)107; Moslemuddin Vs. State 1 BCR (1981) 70; Zafar Vs. State 14 BLD 280; Nausher Ali Sarder Vs. Lawyers Involved: SM Mahbubul Islam, Advocate with Mohammad Shawkatnllah Khan, Advocate—F..

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)

....itioners. Md. Oziullah and Md. Ziaur Rahman, Advocates—For the Plaintiff-Appellant-Opposite Parties Civil Revision No. 4480 of 2009. Judgment Sharif Uddin Chaklader J.- This Rule, at the instance of defendant-respondent-petitioners, directed against judgment and decree date......dge, for passing the judgment on the light of the observations made in the body of the judg­ment....... (9) Case Referred to- Joynal Abedin Mollah Vs. Atiar Rahman, 2 BCR (AD) 431. Lawyers Involved: Rowshan Alam Khan, Advocate—For the Defendant-Respondent-Petitioners. ..

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

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

.... Ashish Rani an Das J State...........................Petitioner Vs. Shajahan Bepari and others.........Accused-Opposite Parties Judgment April 3, 2014. Result: The Rule is made absolute. Purpose of Section 339C— Speedy Trial Court— The whole ...... a heinous crime. Stoppage of the trial did not mean an end of the woes of the accused. A revival would revive his woes. ... (18) Case Referred to- Md. Aslam Vs. State 19 DLR (SC) 242. Lawyers Involved: Sakila Rowshan, DAG with Sharmina Haqaue, AAG and Md. Shorwardhi, AAG—F..

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

AZM Tajul Islam vs. Government of Bangladesh and others, 2014, 43 CLC (HCD)

.... AZM Tajul Islam...........................................Petitioner Vs. Government of Bangladesh and others.............Respondents Judgment April 3, 2014 Result: The Rule is made absolute. Case Referred to- Bangladesh Vs. Shafiuddin, 50 DLR (AD) 27; Delwar......D) 193; M Abu Raihan Vs. Bangladesh, 7 BLC 44; Md. Anwarul Haque Vs. Government of Bangladesh, VIII ADC 787; Matiur Rahman Vs. Bangladesh, 50 DLR 357; AKM Kawser Ahmed Vs. Bangladesh, 65 DLR 37. Lawyers Involved: Salauddin Dolon and Md. Mohammad Sherajul Monir, Advocates—For the Peti..

Category: Administrative Law | Date: 3 Apr, 2014 | Hits: 6