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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. ......uty Attorney-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. ......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. ......urt Division in Death Reference No. 14 of 2004 with Criminal Appeal Nos. 459, 476, 411 and 318 of 2004 with Jail Appeal Nos. 800 and 819 of 2004) Judgment Md. Muzammel Hossain CJ. - I have gone through the judgments proposed to be delivered by my brothers, Surendra Kumar Sinha, J and Md. A..Category: Criminal Law | Date: 14 May, 2014 | Hits: 16
Bangladesh Rural Advancement Committee (BRAC) Vs. Commissioner of Taxes, 2014, 43 CLC (HCD)
....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: ...... of 2004 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 state......ncome Tax Ordinance, 1984. S. H. Md. Nurul Huda Jaigirdar J. - I agree. This Case is also Reported in: ......inat 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…………Respondent Ju..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. ......r the 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.) Ju...... This Case is also Reported in: 66 DLR (AD) (2014) 315. ......e State Acquisition and Tenancy Act has given the right of pre-emption to the co-sharer tenants of the holding. To seek pre-emption under section 24 of the Non-Agricultural Tenancy Act the petitioner does not require to be co-sharer of the holding, but he requires to be co-sharer of the land. &..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: ...... being disposed of by this common judgment. 2. The reference applications under section 160(1) of the Income Tax Ordinance, 1984 (hereinafter stated as the Ordinance) have arisen out of a common order dated 29.2.2004 passed by the Taxes Appellate Tribunal, Division Bench-2, Circuit Bench, Dhaka......n 161(2) of the Income Tax Ordinance, 1984. S. H. Md. Nurul Huda Jaigirdar J.- I agree. Ed. This case is also Reported in: ......da 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……&hellip..Category: Fiscal/Taxation Law | Date: 12 May, 2014 | Hits: 5
Nurul Hoq Bhuiyan Vs. Momtazul Islam and others, 2014, 43 CLC (HCD)
.... separate saham for 4.42 acres of land. In the circumstances both these two Civil Petition for Leave to Appeal be dismissed. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 51. ...... PC Guha, Advocate instructed by Purabi Saha, Advocate-on-Record—For the Respondents (In both the cases) Civil Petition for Leave to Appeal Nos. 22-23 of 2011 (From the judgment and order dated 8-11-2009 passed by the High Court Division in Civil Revision No.1394 of 2008 along with...... This Case is also Reported in: 67 DLR (AD) (2015) 51. ......e Division (Civil Appellate Jurisdiction) Present: Nazmun Ara Sultana J Syed Mahmud Hossain J Md Imman Ali J Nurul Hoq Bhuiyan.....................................Petitioner Vs. Momtazul Islam and others.........................Respondents Judgment ..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: ...... being disposed of by this common judgment. 2. The reference applications under section 160(1) of the Income Tax Ordinance, 1984 (hereinafter stated as the Ordinance) have arisen out of a common order dated 29.2.2004 passed by the Taxes Appellate Tribunal, Division Bench-2, Circuit Bench, Dhaka......1(2) of the Income Tax Ordinance, 1984. S. H. Md. Nurul Huda Jaigirdar J.- I agree. This Case is also Reported in: ...... 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……&hellip..Category: Fiscal/Taxation Law | Date: 12 May, 2014 | Hits: 5
Abdul Hamid (Ujir) Vs. State and others, 2014, 43 CLC (HCD)
.... Nirjatan Damon Tribunal, Habigonj is hereby quashed. Send a copy of this judgment to the concerned Court immediately. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 154 ......of 2009 under section 11(Ga)/30 of the Nari-o-Shishu Nirjatan Daman Ain, 2000 pending in the Court of Nari-o-Shishu Nirjatan Damon Tribunal, Habigonj shall not be quashed and/or such other or further order or orders passed as to this Court may seem fit and proper. 3. Pending hearing of the Rule...... a copy of this judgment to the concerned Court immediately. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 154 ......rt High Court Division (Criminal Miscellaneous Jurisdiction) Present: Md. Nizamul Huq J Md. Jahangir Hossain J Abdul Hamid (Ujir).............Accused Petitioner Vs. State and others……………………...Category: Criminal Law, Women and Children | Date: 8 May, 2014 | Hits: 5
State Vs. Faisal Morshed Khan and another, 2014, 43 CLC (AD)
....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. ......, instructed by Mvi. Md. Wahidullah, Advocate-on-Record—For the Respondent (In both the cases) Criminal Petition for Leave to Appeal Nos.117 & 210 of 2011. (From the judgments and orders dated 3-8-2010 passed by the High Court Division in Criminal Appeal No.5250 of 2009). Ju...... 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. ...... (2014) 236. ..Category: Anti-Corruption Laws | Date: 5 May, 2014 | Hits: 8
Md. Abul Bashar Vs. Government of Bangladesh, 2014, 43 CLC (HCD)
.... filed an application to be appointed as such addressing the District Registrar, Tangail on 29.01.2008. 3. On 22.02.2008 a written examination was held and the result of the said examination was published on 24.02.2008. The petitioner along with others came out successful in the examination. He......writ petition was heard on 03.03.2010 by a Division Bench of this Division and after hearing the parties their Lordships were pleased to make the Rule absolute with some observation by a judgment and order dated 10.03.2010. The Respondent No.4 of the said writ petition i.e., Respondent No.7 of the i...... vacated. There would, however, be no order as to cost. Md. Badruzzaman J. - I agree Ed. This Case is also Reported in: ......urt Division (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 ..Category: Administrative Law, Constitutional Law | Date: 4 May, 2014 | Hits: 5
Category: Employment/Service Law | Date: 4 May, 2014 | Hits: 7
Ayub Hossain Khan (Md.) Vs. Bangladesh and others, 2014, 43 CLC (AD)
.... from 1398 BS to 1401 BS. 12. Averments figured in Writ Petition No. 6766 of 2011, which has been filed as a public interest litigation, are, in succinct form, as follows; 13. A report published in a national daily, named "Sokaler Khobor" on 13th July 2011, on the paternal a......etition No. 1901 of 2011] None represented—For the Respondent [In Civil Petition No.1902 of 2011]. Civil Petition for Leave to Appeal Nos.1901-1901 of 2011. From the judgment and order dated 21.8.2011 passed by the High Court Division in Writ Petition No.4608 of 2009 and Writ Pe......ey deserve to be reprimanded. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 215. ...... Ayub Hossain Khan (Md.)................................Petitioner [In both the cases] Vs. Bangladesh and others (In Civil Petition 1901 of 2011) ..Category: Civil Law, Property Law | Date: 4 May, 2014 | Hits: 20
Sharif Miah Vs. Rina and anothers, 2014, 43 CLC (HCD)
....r shall also be furnished free of cost to the learned Advocates for both sides. Hearing adjourned till 6-4-2014. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 16 ......test to come up with a proper decision. In the exceptional situation additional evidence may be taken in revision within the purview of the expression "the High Court Division may make such order in the case as it thinks fit" occurring in section 115(1) read with section 151 of the Co...... Division (Civil Revisional Jurisdiction) Present: Md. Emdadul Huq J Sharif Miah…………………….........Petitioner Vs. Rina and another………............Opposite Parties Judgment May 3, 2014. ......ourt High Court Division (Civil Revisional Jurisdiction) Present: Md. Emdadul Huq J Sharif Miah…………………….........Petitioner Vs. Rina and another………............Opposite Parties Judgmen..Category: Civil Law, Women and Children | Date: 3 May, 2014 | Hits: 5
Khan Mohammad Ameer Vs. Atiqur Rahman and others, 2014, 43 CLC (HCD)
.... aforesaid Title Suit Nos.1 of 2000 and 2 of 2000 respectively). In the mean time, the defendant Nos. 1-5 were trying to sell the scheduled land to others as a result, a precautionary notice was published in the "Daily Ittefaq" on 27-10-2010 drawing attention of all concern to the afo...... as found by their lordships in 2004 BCR (AD) 138, 56 DLR (AD) 210. Cause of action consists of the entire set of facts which gives rise to a legal action and is to be proved by the plaintiff in order to succeed in the suit, as found in 2 MLR (AD) 28 = 2 BLC (AD) 47 and 49 DLR (AD) 99. But, if ......eer.......................Appellant Vs. Atiqur Rahman and others ...............Respondents Judgment April 30, 2014 Result: The appeal is allowed. Rejection of a Plaint— When a plaint does not disclose any cause of action only then question of rejection ......runnessa, mother of the defendant Nos. 1-5, and defendant Nos. 1-5 entered in to an agreement for sale of the suit land with the plaintiff on 7-7-1987 fixing Taka 70,00,000 as the consideration money and out of which they received a sum of Taka 15,00,000 as baina on the dale of the said agreeme..Category: Civil Law, Procedural Law | Date: 30 Apr, 2014 | Hits: 6
Parul Nath and others Vs. State, 2014, 43 CLC (AD)
....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. ...... Tribunals shall have all the powers conferred by the Code as a Court of Sessions exercising original jurisdiction. The Act, 1974 has provided the Tribunals with the power to pass necessary orders in case of confiscation of the property at the time of disposal of the case either in the for......96 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. ......ssain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J AHM Shamsuddin Chowdhury J Parul Nath and others...............................Petitioners Vs. State …......................................................Respondent ..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: .......252 of 2003. 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) arises out of the order dated 21.11.2002 passed by the Taxes Appellate Tribunal, Division Bench-4, Dhaka (shortly, the......61(2) of the Income Tax Ordinance, 1984. S. H. Md. Nurul Huda Jaigirdar J: I agree. This Case is also Reported in: ......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……………Respondent Judgment ..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. ......enior Advocate, instructed by Sufia Khatun, Advocate-on-Record—For Respondent No.1. None represented—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......ts. Ed. This Case is also Reported in: 66 DLR (AD) (2014)246. ......nstructed by Mvi. Md. Wahidullah, Advocate-on-Record—For the Appellants. Syed Amirul Islam, Senior Advocate, instructed by Sufia Khatun, Advocate-on-Record—For Respondent No.1. None represented—Respondent Nos.2-5. Civil Appeal No.106 of 2004. (From the judgment ..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: ......্রার্থণা 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 disallowance’s under the different head......ন এবং উহার প্রেক্ষিতে অত্র আদালতের মতামত প্রার্থণা করিয়াছেন; I. Whether, on the facts, and in the circumstance of the case, the learned Taxes Appellate Tribunal was legally justified to reduc......া 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 disallowance’s under the different heads of profit and loss ..Category: Fiscal/Taxation Law | Date: 22 Apr, 2014 | Hits: 4
Nur Mohammad and others Vs. Mosammat Kamla Khatun and others, 2014, 43 CLC (AD)
....ide and the suit is remanded to the trial Court. The trial Court is directed to dispose of the suit as expeditiously as possible. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 205 ......ique Hossain, Advocate-on-Record—For the Respondent No.1. None Represented—Respondent Nos. 2-33. Civil Petition for Leave to Appeal No. 2340 of 2009. (From the judgment and order dated 17-5-2009 passed by the High Court Division in Civil Revision No. 3371 of 1998) Jud......y as possible. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 205 ...... (Civil) Present: Nazmun Ara Sultana J Syed Mahmud Hossain J Nur Mohammad and others...................Petitioner Vs. Mosammat Kamla Khatun and others..........Respondents Judgment &..Category: Civil Law, Procedural Law | Date: 17 Apr, 2014 | Hits: 2
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 ...... 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 by learned Judge of Nari-o-Shishu Nirjatan ......se. The Office is directed to send down the records at once. Ed. This Case is also Reported in: 20 BLC (HCD) (2015) 289 ......fly as Ain 1995) and sentencing him under Clause (ঈ) of the Ain 1995 to suffer imprisonment for life and also to pay a fine of Taka five thousand in default to suffer rigorous imprisonment for one year more and also convicted under section 5(ঙ) of the Ain 1995 and sentencing him under Claus..Category: Evidence Law, Women and Children | Date: 16 Apr, 2014 | Hits: 17