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Micro Industries Development Assistance Society (MIDAS) Vs. Commissioner of Taxes, 2001, 30 CLC (HCD)

....mulated in both the reference applications are answered in the negative and in favour of the assessee. There will be no order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 168.......t earning any profit or income, the purpose of the society is wholly charitable and, as such, the income as has been shown for the years under assessment is not liable to be taxed under the aforesaid provisions of law. He has further contended that the proviso appended to clause (i) of sub section (..

Category: Fiscal/Taxation Law | Date: | Hits: 65

Sew Bishar Prasad Vs. Collector of Customs, Chittagong and others, 2001, 30 CLC (HCD)

....ase the bank guarantees furnished by the petitioner in terms of the Rule within 15 days from the date of receipt of this order. No costs. Ed. This Case is also Reported in: 54 DLR (2002) 173. ......ation of the Bill of Entry. This being the factual position, the ‘indicative value’ that has been fixed by the circular dated 3-6-1994. cannot be considered to have been fixed in the light of the provisions of section 25(1), (2) (3)and section 30(1) of the Act.” Mr. Ramjan Ali Sikder, the l..

Category: Fiscal/Taxation Law | Date: | Hits: 83

Rajdhani Unnayan Kartripakkha (RAJUK) Vs. MN Alam and Associates Ltd. and another, 2001, 30 CLC (HCD)

....ut deposit it is to be construed that there was no application in the eye of law and also deposit made during the pendency of the case can not be treated a valid deposit as the language of the law is mandatory and not directory and, as such, the application filed by the defendant-petitioner before t......jections which is barred as per Article 158 of the Limitation Act. He has further submitted that the appointment of the Sole Arbitrator was the correct procedure followed and it was done according to provisions of law. The defendant-petitioner did not wilfully and intentionally respond to the notice..

Category: Alternative Dispute Resolution | Date: | Hits: 196

Barrister Ziaur Rahman Khan Vs. Government of Bangladesh and others, 1999, 28 CLC (HCD)

....e distributed by the respondent No.4, the Thana Nirbahi Officer, Dhamrai, in connivance with local Awami League leaders without any reference to the petitioner. It is claimed that in violation of the mandatory provisions of the Rules as contained in Annexure A to the writ petition the respondent No.......ted by the respondent No.4, the Thana Nirbahi Officer, Dhamrai, in connivance with local Awami League leaders without any reference to the petitioner. It is claimed that in violation of the mandatory provisions of the Rules as contained in Annexure A to the writ petition the respondent No.4, the Tha..

Category: Administrative Law | Date: | Hits: 462

Ahsan Karim Jinnah Vs. Meghna Insurance Company Limited & others, 1999, 28 CLC (HCD)

....eme Court of India while interpreting the said section held in the case of Mannelal Khetan Vs. Kedar Nath Khatan and others, Company Cases (Vol. 47) SC 185 that the words “shall not register” are mandatory in character and the mandatory character is strengthened by the negative form of the langu......om the respondents Nos. 2-7 for such transfer. 10. With regard to the question whether the Company acted in accordance with law in registering the disputed transfer, it is necessary to examine the provisions of Section 38(3) of the Companies Act. Section 38(3) of the Companies Act, 1994 provides ..

Category: Company Law | Date: | Hits: 203

M Tariqullah Sikder Vs. Sonali Bank, 2005, 34 CLC (HCD)

....-4-2002 and 25-4-2002 passed by the court below are affirmed. Civil Rule No. 705(F)/2003 be accordingly, discharged. Copy be sent down. Ed. This Case is also Reported in: 59 DLR (2007) 695. ......ns of both sides. We have perused the impugned judgment dated 25-3-2003 and also the memo of appeal filed against the same. We have perused the decision reported in 1998 BLD (AD) 268 and also perused provisions of section 6 of Artha Rin Adalat Act, 1990. We have also seen the provision inserted thro..

Category: Civil Law | Date: | Hits: 92

Modern Cold Storage Ltd. Vs. Secretary, Ministry of Energy & Mineral Resource and others, 2006, 35 CLC (HCD)

....and are of no legal effect. The order of stay granted earlier by this court at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 59 DLR (2007) 690.......meter is or is not correct or it is inherently defective or faulty in not recording correctly the electricity consumed, with a view to resolve such a dispute, it is necessary to consider the relevant provisions of sub-section (1) and (6) of section 26 of the Electricity Act, 1910. The said provision..

Category: Others | Date: | Hits: 131

Abdur Rahman Vs. State, represented by Deputy Commissioner, 2006, 35 CLC (HCD)

....nce of forgery in respect of document and the use of such forged document as genuine in relation to a court's proceeding. When such an allegation appears to have been existing in a complaint then the mandatory Provision against filing of a private complaint comes into play. Therefore, it is the asse......round that the alleged forged document has been produced in evidence in a proceeding before any Civil, Criminal or Revenue Court. The question being of vital importance we have examined the different provisions of law and also the decisions of the apex Court on the point. 12. In that case Nur..

Category: Criminal Law | Date: | Hits: 43

State Vs. Al Hasib Bin Jamal alias Hasib and five others, 2007, 36 CLC (HCD)

....absconding accused Ali Hasib Bin Jamal @ Hasib, Almas and Anif Mahmud alias Aurango @ Anga. Send down the lower Court's records at once. Ed. This Case is also Reported in: 59 DLR (2007) 653. ......nt. After record­ing confession accused Monir was sent to the jail at 7-45 PM. Whether the confession was exculpatory or inculpatory would be decided by the Court. He denied the suggestions that the provisions of the Code of Criminal Procedure had not been complied with in recording the confession ..

Category: Criminal Law | Date: | Hits: 40

AKM Iftekhar Ahmed and another Vs. State, 2007, 36 CLC (HCD)

....de Court. If this position be continued, I am afraid a day will come when practically, there will be no legal system in Bangladesh. Ed. This Case is also Reported in: 59 DLR (2007) 646. ......The Rule of Criminal Miscellaneous Case No. 11080 of 2006: we find that just after obtaining the bail the accused petitioner rushed to this Court without waiting for framing of charge or invoking the provisions of section 241A of the Code of Crimi­nal Procedure. These are the duty of the learned Ma..

Category: Criminal Law | Date: | Hits: 97

Ali Ashraf Mia Vs. Chairman, First Court of Settle­ment and others, 2006, 35 CLC (HCD)

....interference by this Court. Accordingly, both the aforesaid Rules are discharged. There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 640. ......over by the Government as Abandoned Properties just after the war of liberation in 1972 and thereafter, they have been in possession of the Government through different allotees as DN holders. As per provisions of Articles 6 and 14 of the Bangladesh Abandoned Property (Control, Management and Dispos..

Category: Property Law | Date: | Hits: 39

Executive Engineer, Roads and Highways Vs. Naderuzzaman and others, 2007, 36 CLC (HCD)

....ষেধাজ্ঞদেশ এবং বাদীর অনুকুলে চুক্তি মোতাবেক যাহাতে লিজ নবায়ন করে তন্মর্মেmandatory injunction জারী করত: প্রতিপালনের মর্জি হ......t the time of the issuance of the Rule and extended subsequently is vacated. Send down the lower court records. Ed. This Case is also Reported in: 59 DLR (2007) 637; 13 MLR (HCD) (2008) 137. ..

Category: Procedural Law | Date: | Hits: 75

Bellal Hossain (Md) & others Vs. Md. Yasin Ali Mondal and ors., 2007, 36 CLC (HCD)

....ed earlier by this Court stands vacated. Send down the lower Court's record at once with a copy of judgment for information. Ed. This Case is also Reported in: 59 DLR (2007) 634. ......-emption is not a sale deed but an exchange deed which is not pre-emptable under section 96(10)(b) of the State Acquisition and Tenancy Act, 1950 but the Court of appeal below without considering the provisions of law allowed the pre-emption causing serious miscarriage of justice. He adds that the d..

Category: Property Law | Date: | Hits: 23

Commissioner of Taxes Vs. Prime Bank Ltd., 2007, 36 CLC (HCD)

....peal to Appellate Division under section 162 of the Ordinance is rejected since we do not think that this is a fit case for appeal. Ed. This Case is also Reported in: 59 DLR (2007) 629. ......ame to the Profit and Loss Account of the banking business? 6. Mr. Md. Zakaria Sarker, the learned Assistant Attorney-General appearing on behalf of the applicant, took me through the relevant provisions of the Ordinance and the orders of the income tax authorities and submitted that the Taxe..

Category: Fiscal/Taxation Law | Date: | Hits: 82

Udayan Garments (Pvt.) Ltd. Vs. Bangladesh and others, 2007, 36 CLC (HCD)

....rtificate under section 33(5) of the Ain in Writ Petition No. 6732 of 2004 are made absolute. However, there will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 615.......ght within the periphery of the Ain, 2003 the Adalat before invoking section 34 of the Ain, 2003 ought to have first issued notice under section 30 of the Ain and also was required to comply with the provisions as constrained in section 33 of the said Ain. For not having done so the said impugned or..

Category: Constitutional Law | Date: | Hits: 168

Angels Corporation (Pvt.) Ltd. and another Vs. Bangladesh and others, 2007, 36 CLC (HCD)

....sult, Rules in Writ Petition Nos. 6579 of 2004 and 6057 of 2005 are discharged with­out any order as to costs.Stay granted earlier stands vacated.Ed.This Case is also Reported in: 59 DLR (2007) 601. ......icle 102 of the Constitution upon the respective respondents to show cause as to why the impugned order of "Transformation" of TS 195/2000 vide order No. 14 date 1-10-2003, previously filed under the provisions of Artha Rin Adalat Ain, 1990 into new case in pursuance of the provisions of section 60(..

Category: Others | Date: | Hits: 104

Mofidul Haque (Md) Vs. Bangladesh, 2006, 35 CLC (HCD)

...., there is no merit in this appeal. The appeal must fail. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 588. ......tered proprietor filed an application on 24-7­95 before the Registrar of Trade Marks. Dhaka and the Trade Mark Registrar after due examination of the Trade Mark register and having complied with the provisions of law, registration of the said Trade Mark was duly given. The applicant for rectificati..

Category: Intellectual Property Law | Date: | Hits: 198

Jaban Ali and others Vs. Tazir Muhammad and others, 2007, 36 CLC (HCD)

....same subject-matter, if not otherwise barred by any law. Communicate the order at once with a copy of judgment for information. Ed. This Case is also Reported in: 59 DLR (2007) 584. ...... revisional application, impugned order and given my anxious consideration to the submissions advanced by the learned Counsel for the petitioners. 12. For the convenience of understanding, the provisions of law relating to withdrawal of the suit as prescribed under Order XXIII, CPC runs in th..

Category: Property Law | Date: | Hits: 23

Sylhet Gas Fields Ltd. Vs. Chairman, 2nd Labour Court and another, 2007, 36 CLC (HCD)

....of 2003 under section 25 of the Employment of Labour (Standing Orders) Act in same Labour Court challenging the impugned order of punishment which was ultimately disallowed' for non-compliance of the mandatory provision of submitting grievance within the statutory period of 15 days. (The judgment pa......of Labour (Standing Orders) Act, 1965 which provides specific punishments for a worker found guilty of misconduct. That the imposition of punish­ments on the respondent No. 2 in contravention of the provisions of section 17 of the Employment of Labour (Standing Orders) Act, 1965 infringed the right..

Category: Labour and Industrial Law | Date: | Hits: 114

Oriental Bank Ltd. Vs. Sitara Siddiq, 2007, 36 CLC (HCD)

.... has no liabilities on account of Messrs Pan Asia Lines Ltd and a further declaration that she is entitled to get back her documents of properties as, described in the plaint. Further, she prayed for mandatory injunc­tion against the present petitioner bank for giving delivery of the original docum......been examined as PW 1 in part, the trial Court is directed to dispose of the suit within three months from date of receipt of the Judgment. Ed. This Case is also Reported in: 59 DLR (2007) 573. ..

Category: Civil Law | Date: | Hits: 82