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Maliha Banu Vs. Deputy Commissioner of Taxes and others, 1997, 26 CLC (HCD)
....n the writ petition, in our view, is not available to the petitioner. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 561.......aka upon serving notice under sections 79 and 83(1) of the Income Tax Ordinance, 1984 (Ordinance No. XXXVI of 1984) the representatives of the petitioner completed assessment of income tax taking the amount of Taka 80,000.00 shown as loan in the return as income from unexplained sources, that petiti......onal authority that at no stage i.e. either in the appellate stage or in the revisional stage petitioner did state that in her income tax return she mistakenly mentioned name of Mr. MH Khan from whom money was borrowed and that, in fact, the money shown as loan in the income tax return was borrowed ..Category: Fiscal/Taxation Law | Date: | Hits: 77
Md. Riaz Uddin Khan, Advocate and another Vs. Mahmudur Rahman and others, 2010, 39 CLC (AD)
....Court, acted in the face of it. And the issuing of attachments by the Supreme Court of Justice in Westminister Hall, for contempts out of Court, stands upon the same immemorial usage, as supports the whole fabric of the Common Law; it is much the 'Lex terrae' and within the exception of Magna Carta,......dure applied because of the words "any other law" in s. 5. In our opinion, this is wrong because the Act of 1926 does not confer any jurisdiction and does not create the offence. It merely limits the amount of the punishment which can be given and removes a certain doubt. Accordingly, the jurisdicti...... petition is allowed in part. The short order quoted above forms part of this judgment. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 29, 19 BLT (AD) (2011) 54, 16 MLR (AD) (2011) 161. ..Category: Criminal Law | Date: | Hits: 163
MA Qasem Vs. Subordinate Judge, Artha Rin Adalat and others, 1999, 28 CLC (HCD)
....en prejudiced in any respect or manner. In view of the discussion made above the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 341. ......y. On that date petitioner herein prayed by filing an application, for time to file written objection; and that therein petitioner herein alleged that although Beximco Food Limited paid back the full amount of loan but in spite of that plaintiff has filed the suit. 5. On 9-4-1995 the plaintiff fi...... the case of Moizuddin Mondal Vs. Bina Ram Das and others reported in 45 DLR 154. Facts of the case reported in 12 BLD (AD) 156 is that plaintiff filed 2 suits, one was a title suit and another was a money suit against the common defendants and that through inadvertence and bonafide mistake learned ..Category: Civil Law | Date: | Hits: 90
....ion raised in this reference is answered in the negative and in favour of the assessee applicant.
There will be no order as to cost.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 338.......R No.3968 Intel NV-III was assessed to Income Tax for the assessment year 1986-87 under section 83(2) of the Ordinance on a total income of Taka 3,63,339 on 29-6-89 and tax including interest payable amounted to Taka 1,31,669.00. The DCT computed income from remuneration business and agriculture at ......ion raised in this reference is answered in the negative and in favour of the assessee applicant.
There will be no order as to cost.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 338...
Category: Fiscal/Taxation Law | Date: | Hits: 81
Eman Ali Mallik Vs. State, 2000, 29 CLC (HCD)
....anction was either sought for or obtained for prosecution of the accused before taking cognizance of the case by the learned Special Judge and before trying them. In the absence of such sanction, the whole proceeding before the learned Special Judge appears to be illegal and without jurisdiction. In...... case within six months from the date of receipt of the case records from this Court. Send down the lower Court records immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 335....... terms of the agreement entered into by the parties and eventually accused Eman Ali, in collusion with the other accused persons, illegally sold the said machine, without adjusting the aforesaid loan money and the interest accrued thereon and thereby committed offences under sections 407/420/109 of ..Category: Criminal Law | Date: | Hits: 43
Shawn Apparels Ltd. Vs. Commissioner of Customs and others, 1998, 27 CLC (HCD)
....ecretary of Finance (IRD), 2) Secretary, Ministry of Commerce, 3) Chairman, the National Board of Revenue for necessary action. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 316. ......s that it is clear from the materials on record that in the instant case the customs officials failed to discharge their duties in accordance with law and in passing the order for imposing fine of an amount of Taka 10,000.00 on the ground of technical violation of the Import policy order is absolute......ecretary of Finance (IRD), 2) Secretary, Ministry of Commerce, 3) Chairman, the National Board of Revenue for necessary action. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 316. ..Category: Fiscal/Taxation Law | Date: | Hits: 83
....es are made absolute without any order as to costs. The respondents are accordingly directed to reinstate the petitioners in service.
Ed.
This case is also Reported in: 52 DLR (HCD) (2000) 299.
...... করনের জন্য।
19. In view of the aforesaid materials that nothing tangible could be produced by the Chalantika Football Team through any of the office bearers, the receipt of an amount on account of selling of goodwill of BJMC Football team by the petitioners is not proved and ...... of charge simultaneously placing the petitioners under the suspension. The petitioners replying to show cause denied the allegations in the charge sheet stating inter alia, that they did not receive money on account of selling of BJMC football team and were guilty of any neglect of duty. Thereafter..
Category: Employment/Service Law | Date: | Hits: 87
....ranted at the time of issuance of the Rule stands vacated.
Let a copy of this judgment be sent to the concerned Court below immediately.
Ed.
This Case is also Reported in: 51 DLR (1999) 557.
......
In any suit in which the Court deems a local investigation to be requisite or proper for the purpose of elucidating any matter in dispute, or of ascertaining the market-value of any property, or the amount or any mesne profits or damages or annual net profits, the Court may issue a commission to su......ranted at the time of issuance of the Rule stands vacated.
Let a copy of this judgment be sent to the concerned Court below immediately.
Ed.
This Case is also Reported in: 51 DLR (1999) 557.
..
Category: Property Law | Date: | Hits: 68
Maksuda Akhter Vs. Md. Serajul Islam, 1999, 28 CLC (HCD)
....irst class and shall have all the power of such Magistrate under the Code of Criminal Procedure (V of 1898) and he may issue a warrant for levying fines, and may sentence the judgment debtor, for the whole or any part of the decretal amount remaining unpaid after the execution of the warrant, to imp......it was contested, but the same was decreed both for dower money and for maintenance including maintenance for the child. Even on appeal by the husband the judgment and decree was upheld. The decretal amount stood at Taka 3, 30,001.00 lastly, since the decretal money was not paid the decree has been ......ka, rejecting application, of the decree holder dated 4-11-98 for directing the judgment debtor opposite party Md. Serajul Islam to suffer imprisonment, for failure to pay installment of the decretal money. The petitioner and the opposite party married on 9-12-1998 affixing the dower money at Taka 7..Category: Family Law | Date: | Hits: 162
Matiur Rahman (Md.) Vs. Dhaka Stock Exchange Ltd. and another, 1999, 28 CLC (HCD)
....f the right of possession of Room 212 of the Dhaka Stock Exchange Building. The application is thus allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 530.......m are either stock brokers or the stock dealers and are involved in the business of buying and selling of shares on their own account or on account of their clients. Having received the consideration amount in full said Mrs. Rashida Hossain executed the instrument of share transfer (From 117) in fav......f the right of possession of Room 212 of the Dhaka Stock Exchange Building. The application is thus allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 530...Category: Company Law | Date: | Hits: 194
Altaf Hossain (Md.) Vs. Md. Abdul Rahim and others, 1998, 27 CLC (HCD)
....referably within six months from the date of receipt of this order. Communicate the order to the learned Assistant Judge, Uzirpur at once. Ed. This Case is also Reported in: 51 DLR (1999) 527.......pension which was made by an employer having public character pending enquiry for the purpose of facilitating such enquiry and also for maintaining discipline and efficiency in the service, might not amount to a penalty but it was certainly an order adverse to the interest of the employee concerned ......referably within six months from the date of receipt of this order. Communicate the order to the learned Assistant Judge, Uzirpur at once. Ed. This Case is also Reported in: 51 DLR (1999) 527...Category: Procedural Law | Date: | Hits: 83
Abdul Gani Howlader (Md.) and another Vs. Abdus Somed Howlader and others, 1999, 28 CLC (HCD)
....er a purchase certified by the Court, and if the property in dispute is part of the property so purchased auction purchaser is protected. A distinction should not be drawn between the cases where the whole of the property purchased is claimed and where the claimant says that he purchased only a shar......interference is called for by this Court. The result, therefore, is that the Rule is discharged. However, there will be no order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 522.......n of arrear rent and in execution of the rent decree the land of the said Khatian was auction sold which was purchased in the benami of Asmat Ali Howlader the maternal uncle of the plaintiff with the money of the plaintiff given by the defendant No. 19 and that Asmat Ali the predecessor of the defen..Category: Property Law | Date: | Hits: 98
Sajeda Begum Vs. Member, Bhumi Appeal Board and others, 1997, 26 CLC (HCD)
.... was public easement, the character of some of the properties has been made changed after sale and, as such, the sale cannot be set aside wholly. When the case land was originally public easement the whole proceedings of the case are void ab initio and, as such, I find no ground for sale of such sor......and Administration Board by Annexures ‘C’, ‘E’ and ‘F’ In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 516. ......easonable now to cancel a title established about 20 years back. The belated plea of public easement was unacceptable. The Additional Commissioner further held that the respondent did not deposit the money which is to be paid back to the auction purchaser in the event of the sale being set aside. He..Category: Property Law | Date: | Hits: 107
Sherin Akther and another Vs. Md. Ismail, 1999, 28 CLC (HCD)
....t Judge-in-Charge and Family Court Sadar, Chandpur in Family Court Case No.4 of 1991 are hereby set aside. The suit is accordingly dismissed. Ed. This Case is also Reported in: 51 DLR (1999) 512.......t Judge-in-Charge and Family Court Sadar, Chandpur in Family Court Case No.4 of 1991 are hereby set aside. The suit is accordingly dismissed. Ed. This Case is also Reported in: 51 DLR (1999) 512.......also prayed for restitution of the conjugal life. 3. The defendant appeared and contested the suit by filing written objection. The plaintiff married the opposite party on 1-10-78 fixing the dower money at Taka 35,000.00. They lived happily but on certain occasions there were serious mental confl..Category: Family Law | Date: | Hits: 180
SM Fazlul Haque Vs. Salahuddin Ahmed and another, 2001, 30 CLC (HCD)
....king, accept or negotiate (the Transferring Bank), or in the case of a freely negotiable credit, the bank specifically authorised in the credit as a Transferring Bank, to make the credit available in whole or in part to one or more other Beneficiary(ies) (Second Beneficiary (ies)”. 20. In the p...... accessories, negotiation with the garments manufacturer, fixation of the sale and purchase of fabrics and garments. In consideration of these services it is paid, what is called, technical fees, the amount of which fees are mentioned in the Master Export LC. 5. In this particular case defendant ......ecree of declaration to the effect that the defendant No. 1 is not entitled to pay any technical fee, shall become meaningless. He further submitted that the plaintiff has an interest in the disputed money which is designated as technical fee in that if the plaintiff succeeds in obtaining decree in ..Category: Civil Law | Date: | Hits: 164
Hasibul Bashar (Md.) Vs. Dilshed Huda and another, 2002, 31 CLC (HCD)
....me of issuance of the Rule is recalled. Let the copy of this order be sent to the court of Metropolitan Magistrate, Dhaka for information. Ed. This Case is also Reported in: 55 DLR (2003) 200.......me of issuance of the Rule is recalled. Let the copy of this order be sent to the court of Metropolitan Magistrate, Dhaka for information. Ed. This Case is also Reported in: 55 DLR (2003) 200.......sft as per agreement in between them. As per agreement she handed over a pay order being No. 250159 dated 26-6‑1997 in favour of the accused petitioner for Taka 22,00,000 and after receipt of the money the accused petitioner issued a money receipt. The Accused petitioner failed to make over poss..Category: Criminal Law | Date: | Hits: 28
Habibur Rahman Hawlader Vs. State and another, 2000, 29 CLC (HCD)
....re is a misconceived one. In the result the Rule is discharged, stay granted earlier by this court is thus vacated. Communicate the order. Ed. This Case is also Reported in: 55 DLR (2003) 199.......re is a misconceived one. In the result the Rule is discharged, stay granted earlier by this court is thus vacated. Communicate the order. Ed. This Case is also Reported in: 55 DLR (2003) 199.......t Class Narayanganj stating that out of business transaction the accused petitioner received taka 5,75,000 in cash and Taka 54,91,968 as per involve from the opposite party No. 2 and against the said money the accused petitioner issued cheque No. 239022 for Taka 5,75,000 dated 26‑1‑1999 and cheq..Category: Banking Law | Date: | Hits: 191
Amena Khatun Vs. Chairman, Court of Settlement and others, 2010, 39 CLC (AD)
....e learned Counsel is devoid of substance. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 01, 15 MLR (AD) (2010) 438. ......e learned Counsel is devoid of substance. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 01, 15 MLR (AD) (2010) 438. ......l of this appeal are that appellant entered into a contract for purchase of the disputed property on 22nd December, 1970 with the owner Jalal Uddin Khan and made part payment out of the consideration money, but the owner did not execute the sale deed despite repeated demands in that regard. Conseque..Category: Property Law | Date: | Hits: 65
.... the above, we find no substance in the submissions of the learned Counsel for the petitioner.
Accordingly, the petition is dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 995.......s 83 of 2003. The Bank also instituted Mortgaged Suit No.92 of 2003 which was subsequently re-numberless Artha Rin Suit No.43 of 2003 against the writ petitioner for realization of outstanding loan amounting to TK.21, 01, 03,665.30. The writ-petitioner then filed another writ Petition No.6667 of 2......writ petition No.1427 of 1998 before the High Court Division and obtained the Rule and also an order staying operation of that notice. Thereafter, in the year, 2003 the writ-petitioner itself filed a money suit No.13 of 2003 in the 1st Commercial Court, Chitagong claiming TK. 16,57,23, 3000.00 as co..
Category: Banking Law | Date: | Hits: 191
....o withhold the payment of the decreetal amount. We find no merit in the contention of Mr. Mahmud.
The petition is accordingly dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 991.......sh feed to them on different occasions. Their case is that the plaintiff used to collect the price of the fish feed from time to time but as the plaintiff was liable to pay to the defendant No.7 an amount of Tk. 5,54,69,729/- against the price of the fish feed supplied by the defendant No.7 they a......nt No. 1 is that it never issued any letter of comfort to the plaintiff to pay the dues against the supply of fish feed to the defendant Nos. 2-4 and therefore it is not under any obligation to pay money to the plaintiff. The other defendant Nos. 2-4 in their written statements have admitted tha..
Category: Civil Law | Date: | Hits: 96
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