Judgment : High Court Division
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Case Number Parties Short Description
301
Musa Kalimullah vs. Secretary, Water Resources, Ministry of Water Development and others
Ratio: The post of Stenographer is a promotion post and the decision of promotion is to be made on the basis of merit through open competition in which serving Steno-Typists and outsiders may take part. So, on being promoted as Stenographer he has become entitled again to get the benefits of a new-slot of time-scales subject to fulfilling essential conditions like- satisfactory service of 8, 12 or 15 years.
302
Md. Imam Hasan and others vs. Secretary, Ministry of Education and others
Ratio: 1. In the scale of a lower post like L.D.A no employee can claim to count his service in a higher post like U.D.A. Under any circumstance an employee shall not be allowed to discharge the responsibility of any higher posts immediately after his appointment in a post lower than that. Ratio: 2. Government Order or policy decision, no employee serving on daily basis shall be entitled to get that period added or counted with his later service in the regular establishment.
303
Meda Natun Hati Masthyajibi Samabay Samity Limited Vs Government of Bangladesh and others
সরকারি জলমহাল ব্যবস্থাপনা নীতি ২০০৯ It appears that the Rules, 2009 is silent about what criteria should be followed in ascertaining such distance where more than one samity apply for getting lease. But the preamble of ‘The Rules, 2009’ made it clear that the same has been promulgated with a view to giving preference to the real fishermen in granting lease which along with other provisions of the Rules, 2009 suggest that the riparian samity of fishermen of which most of the members live closer to the Fishery would get priority in getting lease. A fishermen community may live far off from the Fishery but for some other reasons may set up its office at a place close to the Fishery. If nearness of the office is taken to be the standard of measuring comparative distance of the contending societies unfair competition in setting up offices nearest to the fisheries is bound to follow to the detriment of the purpose of the law. This is a proposition which cannot be accepted in any view of the matter.(para 15)
304
Mohammad Hasan Vs. The State
305
Md. Motiar Rahman vs The State and another
An accused is not entitled to jimma of seized property except where claim of right to possession of the same is prima facie lawful.
306
Oli Ahmed Chowdhury being dead his legal heirs: 1(a). Jarina Begum and others Vs. Md. Osman Gani and others
Starting point of Limitation for filing a pre-emption case is the date, when the impugned sale deed has been registered under section 60 of the Registration Act, 1908
307
Sarwar Alam Chowdhury being dead his legal heirs: 1(ka) Fazilatun Nessa Mimi and others vs Govt. of Bangladesh and others
Abandoned property: - For release of abandoned property, claimant have to prove that the owner or his legal heirs occupying supervising and managing the disputed property on 28.02.1972, while President`s Order No. 16 of 1972 came into force.
308
United International University vs The Commissioner of Taxes with Manarat Dhaka International College vs The Commissioner of Taxes
(Full Bench Decision): Private universities/colleges imparting education are not required to produce any exemption certificate or letter issued by NBR to get tax exemption in view of the provisions under SRO No. 454-L/80(a) dated 31.12.80 as amended by SRO No. 178-Income Tax/2002 dated 03.07.2002 issued by the NBR.
309
The Commissioner of Taxes vs Haji Mohammad Ali Meah Waqf Estate
(Full Bench Decision): The part of income of a private religious trust (Waqf), which is not applied or set a part for benefit of public but is applied or set a part for the benefit of Waqif and his descendants, is not entitled to get exemption of tax under Section 44 of the Income Tax Ordinance, 1984 read with Paragraphs 1 and 2 of Part A of the Sixth Schedule thereto.
310
The Commissioner of Taxes vs Transfin Trading Ltd and others
(Full Bench Decision): In view of the proviso to Clause-(iii) of sub-section(1) of Section 29 of the Income Tax Ordinance, 1984, the Assessee is not entitled to allowance of deduction of interests paid on the capital borrowed by it for the purpose of its business or profession only in case of transfer of that capital or any part thereof to another entity whose income is exempted from payment of tax.
311
Md. Abul Bashar vs Bangladesh and others
There is no such thing as unfettered administrative power. Govt. must follow the restrictive principles of law in exercising it`s power u/s 4 of the Marriages and Divorces (Registration) Act, 1947
312
Md. Mujihid Zamil vs Commissioner of Customs
Writ Petition 9656/2011, WP 9567 of 2011, 9568 of 2011, 9569 of 2011, 9608 of 2011, 9653 of 2011, 9654 of 2011, 9655 of 2011, 9657 of 2011, 9659 of 2011, 9660 of 2011, 9661 of 2011, 9662 of 2011, 2993 of 2011, 9664 of 2011 and 9665 of 2011.(Against final assessment under Customs Act, 1969 appeal has to be filed under section 193 of the said Act and writ petition not maintainable)
313
Noor Mohammad Khan Vs Govt. of Bangladesh
On Procedure for civil litigations under The Chittagong Hill Tracts Regulation, 1900
314
Sreemat Sudarshanananda Puri Gurupita Vs Sree Joy Prakash Mitra Chowdhury and others
Amendment of Pleading regarding admission can not be omitted by way of amendment.
315
Kamal Uddin Ahmed Vs The Chairman, National Board of Revenue
IACT can invoke section 120 of the Income Tax Ordinance, where the order passed by DCT is erroneous
316
Roushanara Akter Vs Dhaka City Corporation
Gulshan Park, can not lease out to any third party for any other purpose.
317
Muktar Gazi Vs Govt. of Bangladesh
Suspension of Chairman of Union Parishad on ground of conviction in criminal cases. Held: Due to pendency of appeal, conviction yet to reach its finality and as such the order of suspension has been declared as without lawful authority and be of no legal effect.
318
Haji Tahir Ali Vs. Govt. of Bangladesh and others
Procedure for establishment of primary school on scheme.
319
Md. Enamul Haque Kandu and others vs Government of Bangladesh and others (Absorption Case)
320
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321
Md. Mahabub Alam vs Bangladesh and others (Police Constable Case)
322
Writ Petition 5834/2010
323
Md. Altaf Hossain vs. The State
324
Md. Abdul Wares Vs Md. Amidul Islam
325
Md. Atar Ali Vs Seraj Miah
326
Chitta Ranjan Bakshi
327
Nazrul Fakir Vs Sreedeb Kumar Ghose
328
constitution of bd
329
মো: মিলন হোসেন বনাম রাষ্ট্র ও অন্য একজন
330
Uzzal Kumar Biswas Vs Md. Golam Ambia (Harun)
331
Md. Masud Haider Vs Md. Golam Ambia (Hsarun)
332
First Misc Appeal 64/2013
333
First Appeal 30/2014
334
Md. Wahed Miah Vs Abdul Khaleque
335
Secretary, Railway Division, Ministry of Communication, Bangladesh Secretariat, Dhaka Vs Md. Shahidullah alias
336
Md. Nurul Amin Sekander @ Kajal Fakir
337
Lutfurnnahar Vs Mrs. Taran bibi
338
Ain-O-Salish Kendro and others vs Bangladesh and others (Purbachal Case)
339
Md. Shahadat Hossain Vs Mahajebun Akter
340
Deputy Commissioner Vs Md. Sahidul Alam Shaikh
341
Alhaj Md. Maruf Hasan Swapon Vs Kohinur Aziz
342
Md. Aman Ullah Dewan Vs Md. Abdur Rob Akonda
343
Feroz Alam Vs Md. Jahangir Hossain
344
Md. Mizanur Rahman Vs Md. Mahfuzur JRahman
345
Md. Shetaur Rahman Vs Deputy Commissioner/
346
Abdur Rab Vs Md. Abul kalam Azad
347
Islami Baank Bangladesh VS Al-haj Serajul Islam
348
Jamshed Ali Vs Deputy Commissioner
349
Abdur Rahim Khan Vs Md. Abdus Samad
350
Md. Abdul Qyaum Versus Nazima Zesmin
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