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Abdul Hamid Chowdhury and others Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)
.... Islam J AKM Shafiuddin J Abdul Hamid Chowdhury and others…………. Applicants Vs. Commissioner of Taxes….. Respondent Judgment May 29, 2000. Lawyers Involved: Khandker Faziur Quadir—For the Applicants. Dabiruddin Ahmed, Deputy Attorney General—For the R......ed DAG faintly made an attempt to support the estimation on the ground that by the lapse of the time the cost of living has gone up but the order of the DCT does not refer to that. It is pertinent to note that the DCT in estimating the professional income relied on the past record of the assessee bu..Category: Fiscal/Taxation Law | Date: | Hits: 64
Dr Wakil Ahmed and ors. Vs. Sufia Khatun and ors., 2000, 29 CLC (HCD)
....e pendency of the appeal the plaintiff opposite party No.1 filed an application on 18-2-1998 under Order 41 rule 27 read with section 151 CPC for sending the registered sale deed dated 15-1-1964 to a hand writing expert for opinion after comparing the LTI of the plaintiff appellant on the disputed s......of the papers from the Court. Accordingly, this Rule is discharged with the observation as above. There shall be no order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 214...Category: Procedural Law | Date: | Hits: 90
Titas Gas (T & D) Co. Ltd. Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)
....counts ought to have been accepted by the DCT under section 82 of the Ordinance. 9. Mr. Md. Abdur Rahim Bhuiyan, the learned Assistant Attorney-General, appearing for the respondent, on the other hand, submits that mere compliance with the provisions of section 36(3) of the Ordinance is not suff......Court that the only two defects found by the Income Tax Officer for rejecting the book profits were that in the absence of cash memos, the sales were not verifiable and that certain transactions were noted in lump sums. No finding was recorded by departmental authorities as to unacceptability of the..Category: Fiscal/Taxation Law | Date: | Hits: 82
Bangladesh Water Development Board Vs. Contractor, Manu Barrage, 2000, 29 CLC (HCD)
....e obliged to pursue a fresh arbitration, and the suit instituted in presence of the arbitration agreement is not maintainable. Hence, according to him, this appeal for fresh arbitration. On the other hand, Mr. Maksudur Rahman, opposing the submissions, submitted that when the objections were filed b......ings, the suggestion of the defendants that in order to avoid to return the excess amount withdrawn by him, the plaintiff came up with such exaggerated claims cannot be brushed aside. It must also be noted that the plaintiff is not found to have come before the Court with clean hands. 39. For the..Category: Civil Law | Date: | Hits: 132
Motaleb Hossain (Md) Vs. State and another, 2000, 29 CLC (HCD)
....ntion to the fact that the transaction between the parties was a business transaction 3. Mr. Shahidul Islam, learned Advocate who appeared on behalf of the complainant opposite party, on the other hand, submits that the accused petitioner being ‘Beal’ of the complainant took delivery of 800 g...... Magistrate ‘Ka’ Zone, Sirajganj is quashed. The accused petitioner is discharged from his bail bonds. Communicate the order at once. Ed. This Case is also Reported in: 53 DLR (2001) 198. ..Category: Criminal Law | Date: | Hits: 42
Abdul Kader @ Kada and others Vs. State, 2010, 39 CLC (AD)
.... in the right side of the chest of the deceased, accused Sayeduzzaman dealt a blow by a dagger in the left side of the chest of the deceased, accused Dudu dealt a dagger blow in the palm of the right hand of the deceased and Mofizuddin as well as Abdur Rahman inflicted dagger blows on various places...... matter it can reasonably be said that non-coming of the thin and few neighbours of the deceased was not unusual, rather probable. The High Court Division in the background the facts and circumstance noted hereinbefore was not correct in entertaining doubt about the prosecution case since witnesses ..Category: Criminal Law | Date: | Hits: 57
Hazi Sanjob Ali Vs. Hurmuj Ali and others, 2010, 39 CLC (AD)
.... that "it is crystal clear from the deposition of P.W.1 as well as from the documents submitted by the plaintiff that they could not file a single piece of rent receipt of the suit land. On the other hand the defendant has filed several pieces of rent receipts and S.A. khatian stands in the name of ...... the judgment of the trial court that correctly dismissed the suit. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 513...Category: Property Law | Date: | Hits: 28
Gonesh Ghosh Vs. Babu @ Sabir Ahmed and others, 2010, 39 CLC (AD)
....t family. The plaintiffs claimed that the 'Kha' schedule land was purchased by Keshob Lal Ghosh with the income of joint family belonging to Keshob Lal Ghosh and his other four brothers. On the other hand, the defendant stated that "Kha' scheduled property was the self acquired property of Keshob La......the above, we find no subÂstance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 501...Category: Property Law | Date: | Hits: 29
Sree Bishonath Das and others Vs. Sree Binoy Kumar Das and others, 2009, 38 CLC (AD)
....by the courts below in finding possession and title in favour of the plaintiff respondent. Accordingly the leave petition is disÂmissed. Ed. This Case is also Reported in: VII ADC (2010) 478....... the defendant Nos.6 and 7 are residing therein by constructing katcha dwelling houses. S.A. record in S.A. Khatian No.5 is wrong and S.A. Khatian 125 will be cancelled of the mouza concerned and the note is therein the 'working volume' of S.A. record also stands alike. So plaintiff’s case is liab..Category: Property Law | Date: | Hits: 27
Prime Finance and Investment Limited Vs. Delwar H. Khan and others, 2009, 38 CLC (AD)
....r the period ended 31.12.2001 on 15.03.2002 which shows that the Company suffered loss of a sum of TK. 29,75,850.00 (Taka twenty nine lac seventy five thousand eight hundred fifty only). On the other hand, the Company had to take huge amount of loans and credit facilities from various financial inst......he above, we find no subÂstance 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) 459. ..Category: Company Law | Date: | Hits: 197
Anti-Corruption Commission Vs. Dr. Muhiuddin Khan Alamgir and others, 2010, 39 CLC (AD)
....nstruction of the said house. But the High Court Division did not consider them either independent or expert witnesses, rather, found their valuation unreliable. The High Court Division, on the other hand, relied on the depositions given by the officials of the Tax Department and Ext. 12 which were ......dy been acquitted on merit of the case as is in this case. With these observations, this petition is dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 290, VIII ADC (2011) 78. ..Category: Anti-Corruption Laws | Date: | Hits: 231
Dr. Mohiuddin Farooque Vs. Bangladesh & others, 2001, 30 CLC (HCD)
....is that may be created because of redundancy of the workers which may be caused by the possible closure of various industries due to their reckless failure to install the obligatory ETP. On the other hand, if we fail to act and act quickly to implement the provisions of Environmental laws meticulous...... there are instances of hundreds and thousands of violations of the environmental laws without any redress. Besides, the Department failed to implement the directions given by this Court in the above noted decision given in 2001. It did not even feel it necessary to approach the Court for further di..Category: Environmental Law | Date: | Hits: 279
Khalilur Rahman and others Vs. Executive Engineer, Roads & Highways & others, 2007, 36 CLC (AD)
....manbaria restored possession of the property to them and they were also directed to refund compensation money for the acquired land paid to them. Since then they have been in possession. On the other hand, the case of the respondent No.6 is that they made improvement of the acquired land by earth fi......ion money if deposited by them after de-requisition order dated 21-09-1964 illegally issued by the concerned officer, if not already withdrawn. This Case is also Reported in: 7 LG (AD) (2010) 127. ..Category: Property Law | Date: | Hits: 23
Captain (Md) Lutfar Rahman Vs. Md. Abu Taher and others, 2000, 29 CLC (HCD)
....€¦â€¦â€¦â€¦â€¦â€¦.Respondents Judgment October 31, 2000. Cases Referred To- Abul Hossain and other Vs. Md. Masim Ali and others, 19 DLR 677; Md. Sukur Ali Vs. Suresh Chandra Barmon and others, 4 BLD (AD) 219; Khorshed Ali and another Vs. Aftauddin and others, 47 DLR ......92 of the 2nd Court of Subordinate Judge, Chittagong for pre-emption is allowed. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 53 DLR (2001) 193. ..Category: Property Law | Date: | Hits: 22
Ismail (Md) Vs. Motasim Ali Chowdhury, 2000, 29 CLC (HCD)
....lot No.110 of Mouza Tejkunipara and eastern boundary line of CS Plot No.935 of the same Mouza. (ii) to show the suit land on the western part of CS Plot No.110 as shown by letters ABC and done the hand sketch with schedule to the Plaint. 4. Mr. Md. Abdur Rashid having been appointed Advocate C......is in possession of the area covered by his purchase deed or much land in his possession. (ii) To relay whether defendant is possessing any land in excess of the land purchased by him. (iii) To note the physical features of the lands and to submit map and field book, etc. 6. The report subm..Category: Property Law | Date: | Hits: 27
Dr SKM Joynal Abedin Vs. Bangladesh, 2010, 39 CLC (AD)
....s by the lessor." 9. It was stated, that there was a complete meeting of the mind on identification of the suit land (as described in paragraph 2(b) supra) between the Government-lessor on the one hand and the lessees on the other hand and the Government-lessor delivered the identified piece of l......n to get the order of injunction and rightly rejected the same. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 143...Category: Property Law | Date: | Hits: 44
....e recommendation of the learned Chief Justice has been ignored illegally and this also offends the principle of Independence of Judiciary as enshrined in Article 116 of the Constitution. On the other hand, the learned Attorney-General submitted that the petitioners have no locus standi to file this ......ing statements in the memorandum. Taken these things together it created a doubt in our minds if the learned Chief Justice had at all indicated that the seniority should be respected. We have already noted that there is no legal bar in appointing anyone in the judgeship of the Appellate Division fro..
Category: Constitutional Law | Date: | Hits: 126
Abul Khair Morselin (Md) Vs. Bangladesh and others, 2000, 29 CLC (HCD)
....t petitioner is not a Member of the Association group of the Federation and other 5 members who are said to have been excluded from the final voters list have not come before this Court to join their hands with the petitioners and they are not made parties in this writ petition. 14. Since the ele......on held by or for the purpose of electing persons to the Executive Committee or other body including a regional, circle or zonal body of any such trade organization. In this Case, it is also to be noted that the learned Attorney-General appeared on behalf of the Government who is respondent No.1 ..Category: Business or Commercial Law | Date: | Hits: 204
Korban Ali Khan (Md) and Others Vs. Asalat Khan and others, 2000, 29 CLC (HCD)
....on in the Case of Mantu Faraji alias Jamal Faraji and others Vs. Mahiuddin Khan reported in 50 DLR 147. 8. AS Md. Ramzan Khan, the learned Advocate appearing for the opposite parties, on the other hand, submits that there is no plea in the written objection that the Case land is not non agricultu......in Miscellaneous Case No. 11 of 1988 passed by this Court at the time of issuance of the Rule stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 53 DLR (2001) 176. ..Category: Property Law | Date: | Hits: 31
Hasmat Ali Vs. State, 2001, 30 CLC (HCD)
.... appellant i.e. the husband of his deceased daughter killed her by inflicting axe-blows on various parts of her body. While the convict appellant ran away from the place of occurrence PW 4 Sachindra Chandra Barman, a village police (Dafadar), caught hold of him with the help of others from his medic......tion 302 of the Penal Code and, as such, the impugned conviction and sentence are hereby upheld. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 53 DLR (2001) 169. ..Category: Criminal Law | Date: | Hits: 27
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