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Tapan Kumar Mondal Vs. Bangladesh and others, 2014, 43 CLC (HCD)
....ve already sufficient numbers as per the quota for the same post or not….......(10) Lawyers Involved: Md. Humayun Kabir for Md.Imrul Haydar- For the Petitioner. Goutam Kumar Roy,Deputy Attorney General, with Md. Eunus Ali, Assistant Attorney General-For the Respondents. Wr......ent and order. The office is directed to communicate the judgment and order to the relevant persons immediately. J.B.M.Hassan J. - I agree. This Case is also Reported in: ......cient numbers as per the quota for the same post or not….......(10) Lawyers Involved: Md. Humayun Kabir for Md.Imrul Haydar- For the Petitioner. Goutam Kumar Roy,Deputy Attorney General, with Md. Eunus Ali, Assistant Attorney General-For the Respondents. Writ Petition No.6......ent and order. The office is directed to communicate the judgment and order to the relevant persons immediately. J.B.M.Hassan J. - I agree. This Case is also Reported in: ..Category: Employment/Service Law | Date: 23 Jul, 2014 | Hits: 36
....ase at all and on this score alone the writ petition was not maintainable......(15)
Case Referred to-
Bangladesh Vs. Mizanur Rahman, 52 DLR 149.
Lawyers Involved:
GM Moniruzzaman, Deputy Attorney-General, instructed by Sufia Khatun, Advocate-on-Record—For the Appellants.
......sp;
Ed.
This Case is also Reported in: 20 BLC (AD) (2015) 64.
......n this score alone the writ petition was not maintainable......(15)
Case Referred to-
Bangladesh Vs. Mizanur Rahman, 52 DLR 149.
Lawyers Involved:
GM Moniruzzaman, Deputy Attorney-General, instructed by Sufia Khatun, Advocate-on-Record—For the Appellants.
Ex-parte&mdas......sp;
Ed.
This Case is also Reported in: 20 BLC (AD) (2015) 64.
..
Category: Constitutional Law, Fiscal/Taxation Law | Date: 22 Jul, 2014 | Hits: 6
Union Capital Limited Vs. Commissioner of Taxes, 2014, 43 CLC (HCD)
....হিত যোগ করা হইল। 13. On appeal to the First Appellate Authority, the same was dealt with in the following language: আপত্তি নং-৬ For that the Deputy Commissioner of Taxes was not justified in disallowing interest suspense account Tk. 43,488,9......d in negative and in favour of the Assessee-applicant. However, there shall be no order as to cost. Md. Emdadul Haque Azad J.— I agree. Ed. This Case is also Reported in: ......on on the formulated question as aforementioned. Claim of the Taxes department. 4. Upon service of the notice of the instant Income Tax Reference Application, the learned Assistant Attorney General Ms. Nasrin Parvin along with the learned Assistant Attorney General Mr. Saikat Basu, appeare......d in negative and in favour of the Assessee-applicant. However, there shall be no order as to cost. Md. Emdadul Haque Azad J.— I agree. Ed. This Case is also Reported in: ..Category: Fiscal/Taxation Law | Date: 21 Jul, 2014 | Hits: 3
Md. Jafar Ullah Vs. Bangladesh, 2014, 43 CLC (HCD)
....the agency action is tainted with bad faith and apparent malice. Lawyers involved: Momtazuddin Ahmed Mehedi with Shahab uddin Ahammad, Advocate-For the petitioner. Md. Motahar Hossain, Deputy Attorney General with Samarendra Nath Biswas, Assistant Attorney General, Ms. Purabi Rani Sha...... given is hereby vacated. Communicate copies of this judgment to the respondents at once. Md. Badruzzaman J.- I agree. Ed.66 This Case is also Reported in: DLR (2014) (HCD) 380 ......n is tainted with bad faith and apparent malice. Lawyers involved: Momtazuddin Ahmed Mehedi with Shahab uddin Ahammad, Advocate-For the petitioner. Md. Motahar Hossain, Deputy Attorney General with Samarendra Nath Biswas, Assistant Attorney General, Ms. Purabi Rani Sharma, Assistant A......under Section 294A of the Penal Code with exceptions provided therein. e) the Magistrate of a district or other officer invested with full power of a Magistrate or the District Superintendent of Police may either himself enter, or by his warrant authorize any competent police officer to enter i..Category: Others | Date: 28 Jun, 2014 | Hits: 91
....l)
Present:
Syed Mahmud Hossain J
Md. Imman Ali J
Hasan Foez Siddique J
Mahabur Sheikh alias Mahabur.......................Petitioner
Vs.
State, represented by the Deputy Commissioner, Narail.......Respondent
Judgment
June 20, 2014.
Res......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.
......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.
......nt and his companions found the dead body of Kohinoor lying on veranda of the place of occurrence hut. On the following morning at 10-35 am the informant Md. Kamal Biswas lodged the FIR with Lohagara Police Station upon which Lohagara PS Case No. 16 dated 24-9-2003 was started under section 11(ka) o..
Category: Women and Children | Date: 20 Jun, 2014 | Hits: 15
State Vs. Md. Sajjad Ali, 2014, 43 CLC (HCD)
....ath Reference No.133 of 2008, the Criminal Appeal No.8657 of 2008 and Jail Appeal No. 30 of 2009 have been heard together and disposed of by common judgment. 16. Dr. Md. Bashirullah, the learned Deputy Attorney General, Mian Md. Shamim Ahsan, the learned Assistant Attorney-General and Ms. Yeadi......d his guilt. The statement was read over to the accused and he put his signature therein. 56. In cross-examination, he stated that the accused was brought before him on 8-8-2007 at 10-00 am. Sub-Inspector Mokter Hossain brought the accused before him. The accused did not complain of any po.......133 of 2008, the Criminal Appeal No.8657 of 2008 and Jail Appeal No. 30 of 2009 have been heard together and disposed of by common judgment. 16. Dr. Md. Bashirullah, the learned Deputy Attorney General, Mian Md. Shamim Ahsan, the learned Assistant Attorney-General and Ms. Yeadia Zaman, the lea......and Jail Appeal No. 30 of 2009 have been heard together and are being disposed of by this common judgment. 4. The prosecution case, in short, is that the informant lodged an FIR with the Motihar Police Station, Rajshahi, alleging inter alia, that on 6-8-2007 at about 7-30 pm the sons of the inf..Category: Criminal Law | Date: 16 Jun, 2014 | Hits: 15
Engineer Abdul Md. Wadud Vs. State and another, 2014, 43 CLC (AD)
....se of the petitioner. We find no merit in the contention of the learned counsel. The petition is accordingly dismissed. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 174 ......se of the petitioner. We find no merit in the contention of the learned counsel. The petition is accordingly dismissed. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 174 ......se of the petitioner. We find no merit in the contention of the learned counsel. The petition is accordingly dismissed. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 174 ......se of the petitioner. We find no merit in the contention of the learned counsel. The petition is accordingly dismissed. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 174 ..Category: Criminal Law | Date: 16 Jun, 2014 | Hits: 4
Mohoshin Miah (Md.) Vs. State and another, 2014, 43 CLC (HCD)
....t for 3(three) years with a fine of Taka 2,000 in default to suffer rigorous imprisonment for 6 months more. 2. The facts relevant for disposal of the appeal in short, is that Md. Berizir Ahmed, Deputy Director of the Durniti Daman Commission (in short, the DUDAC), Narayanganj lodged the First ......signal through gesture. He denied the defence suggestion that since the mutation was completed before 10-4-2007, so the transaction of bribe on that date is immaterial. 18. P.W. 2 Md. Emran Ali, Inspector of Police testified that on 10-4-2007 he was posted as Officer-in-Charge at Fatulla Police......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 ......t 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 of Fatulla Police Station Case No. 20(4) 72007 convicting the appellant Md. Mohoshin Mia under section 161 of t..Category: Anti-Corruption Laws, Criminal Law | Date: 10 Jun, 2014 | Hits: 8
Khandker Abul Hashem Vs. The Commissioner of Taxes, 2014, 43 CLC (HCD)
.... The questions (i) formulated for determination answered in the negative i.e. against the Revenue and in favour of the assessee-applicant. Cases Referred to- Lemon Grass Restaurant Vs. Deputy Commissioner of Taxes, Kar Adalat, Vol.16 (2007) 20; Inspecting Assistant Commissioner of Inc......e Court of Bangladesh is directed to take 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: ......taurant Vs. Deputy Commissioner of Taxes, Contractor Circle-14, Zone-7, Dhaka and another, reported in Kar Adalat, Vol.16(2003)20. 11. In reply, Ms. Mahfuza Begum, the learned Assistant Attorney General for the respondent invites our attention to the provision of section 83A as well as section ......e Court of Bangladesh is directed to take 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: 9 Jun, 2014 | Hits: 3
Khandker Abul Hashem Vs. Commissioner of Taxes, 2014, 43 CLC (HCD)
....sult: The question formulated for determination answered in the negative i.e. against the Revenue and in favour of the assessee-applicant. Cases Referred to- Lemon Grass Restaurant Vs. Deputy Commissioner of Taxes, Kar Adalat, Vol.16 (2007) 20; Inspecting Assistant Commissioner of Inc......angladesh is directed to take 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: ......t Vs. Deputy Commissioner of Taxes, Contractor Circle-14, Zone-7, Dhaka and another, reported in Kar Adalat, Vol.16(2003)20. 11. In reply, Ms. Mahfuza Begum, the learned Assistant Attorney General for the respondent invites our attention to the provision of section 83A as well as section ......angladesh is directed to take 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: 9 Jun, 2014 | Hits: 5
Government of Bangladesh and others Vs. Md. Abdul Karim, 2014, 43 CLC (HCD)
....lip;…………………..Respondent Judgment June 9, 2014. Result: The petition is disposed of. Lawyers Involved: Biswajit Deb Nath, Deputy Attorney-General instructed by B Hossain, Advocate-on-Record—For the Petitioners. ...... The respondent herein, as petitioner, filed the above mentioned AT Case No.92 of 2003 challenging the order of his dismissal from service stating, inter-alia, that he was appointed as Food Inspector under Ministry of Food and joined in the, office of the Controller of Food, Dinajpur on 24......lip;……………..Respondent Judgment June 9, 2014. Result: The petition is disposed of. Lawyers Involved: Biswajit Deb Nath, Deputy Attorney-General instructed by B Hossain, Advocate-on-Record—For the Petitioners. Khurshid Alam Kh...... disposal of the criminal case pending against him on the same issue. Ed. This Case is also Reported in: 66 DLR (AD) (2013) 251 ..Category: Civil Law, Procedural Law | Date: 9 Jun, 2014 | Hits: 4
Shahin Reza (Md.) Vs. Nasiruddin Howlader and others, 2014, 43 CLC (AD)
.... the defendants brought Title Suit No.207 of 1978 in the 1st Court of Munsif, Bagerhat for permanent injunction and obtained decree on 20-12-1980. Against the said j udgment and decree the Additional Deputy Commissioner (Revenue), Bagerhat and Upazila Nirbahi Officer, Sharankhola brought Title Suit ...... and findings given by Nazmun Ara Sultana, J. Order of Court This appeal is dismissed by majority decision. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 243 ...... and findings given by Nazmun Ara Sultana, J. Order of Court This appeal is dismissed by majority decision. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 243 ......ourt Bagerhat for declaration of his title in the suit property. His case, in short, is that the land measuring 6.05 acres appertaining to CS khatian No. 152 of No. 3 Nalbunia Mouza under Sharankhola Police Station originally belonged to Ganga Charan. He settled the said land to Ananta Kumar Dey and..Category: Limitation Law, Property Law | Date: 5 Jun, 2014 | Hits: 11
....Reported in:
......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:
......nd circumstances of the case the questions raised in the reference application are liable to be decided in favour of the assessee.
10. In reply, Ms. Mahfuza Begum, the learned Assistant Attorney General takes us through the provision of section 19(11) of the Ordinance as was prevalent to the as......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:
..
Category: Fiscal/Taxation Law | Date: 4 Jun, 2014 | Hits: 5
Shafiqul Islam Vs. Bangladesh Bank and others, 2014, 43 CLC (HCD)
....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 ......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 ......icatory Amendment—"Defaulter-Borrower" Substantive right of appeal accrued in favour of an individual cannot be taken away by amendment in view of section 6 of the General Clauses Act. Amended definition of "defaulter-borrower" under section 5 ......ay Vs. Vishnu Ramchandra, AIR 1961 (SC) 307, the question was whether a person convicted in 1949 of theft could be directed to remove himself outside specific area under section 57 of the Mumbai Police Act, 1951, which authorized removal of a person who has been convicted of certain offences in..Category: Banking Law, Company Law | Date: 1 Jun, 2014 | Hits: 11
....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
......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
...... Interpretation of Statutes, eight editions of Non Union of India Vs. GM Kokil, 1984 (Supp) SCC 196-obstante Clause and also on this subject, Black's Law Dictionary, 741 edition. Regulation of UN General Assembly dated 11-12-1985 on the Model Law on International Commercial Arbitration.
......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
....lt:
The petition is dismissed.
Lawyers Involved:
KhurshidAlam Khan, Advocate instructed by Zainul Abedin, Advocate-on-Record—For the Petitioner.
Sarder Rashed Zahangir, Deputy Attorney-General instructed by Md. Zahirul Islam, Advocate-on-Record— For the Responden......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.
......ition is dismissed.
Lawyers Involved:
KhurshidAlam Khan, Advocate instructed by Zainul Abedin, Advocate-on-Record—For the Petitioner.
Sarder Rashed Zahangir, Deputy Attorney-General instructed by Md. Zahirul Islam, Advocate-on-Record— For the Respondents.
Civil P......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
Beautiful Bibi Vs. Md. Sydur Rahman, 2014, 43 CLC (HCD)
..... The photocopies of the said deposition and the Exhibits X, X (1) and X (2) attested by the Bench officer shall be retained. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 1 ....... The photocopies of the said deposition and the Exhibits X, X (1) and X (2) attested by the Bench officer shall be retained. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 1 ....... The photocopies of the said deposition and the Exhibits X, X (1) and X (2) attested by the Bench officer shall be retained. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 1 ....... The photocopies of the said deposition and the Exhibits X, X (1) and X (2) attested by the Bench officer shall be retained. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 1 ..Category: Women and Children | Date: 19 May, 2014 | Hits: 29
.... from different business undertakings, namely, Aarong, BRAC Printers, BRAC Dairy Farm, interest and dividend. The assessee submitted its income tax return for the assessment year 2000-2001 before the Deputy Commissioner of Taxes, Companies Circle-15, Taxes Zone-5, Dhaka (briefly, the DCT) disclosing...... 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:
......In view of the above, the questions raised in the reference application are liable to be decided in favour of the assessee-applicant.
8. In reply, S. Rashed Jahangir, the learned Deputy Attorney General (DAG) appearing with Ms. Nurun Nahar, the learned Assistant Attorney General, with the leave...... 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)
....) 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, Advocate- on-Record—For the App...... 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. ......arth 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, Advocate- on-Record—For the Appellant (In Crimi......floor, 51, Motijheel Commercial Area, Dhaka, by some unknown miscreants on entering into his office. Over the said incident his brother Al-Haj Md. Yousuf (P.W.1) lodged an FIR with the Motijheel Police Station on the following day alleging that the victim had enmity with the accused respondent ..Category: Criminal Law | Date: 14 May, 2014 | Hits: 16
Bangladesh Rural Advancement Committee (BRAC) Vs. Commissioner of Taxes, 2014, 43 CLC (HCD)
.... from different business undertakings, namely, Aarong, BRAC Printers, BRAC Dairy Farm, interest and dividend. The assessee submitted its income tax return for the assessment year 2000-2001 before the Deputy Commissioner of Taxes, Companies Circle-15, Taxes Zone-5, Dhaka (briefly, the DCT) disclosing......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: ......iew of the above, the questions raised in the reference application are liable to be decided in favour of the assessee-applicant. 8. In reply, Mr. S. Rashed Jahangir, the learned Deputy Attorney General (DAG) appearing with Ms. Nurun Nahar, the learned Assistant Attorney General, with the leave......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
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