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....III, Dhaka, preferred an appeal to the Taxes Appellate Tribunal, Dhaka which was registered as ITA No.678 of 1990-91 (Assessment years, 1986-87). The appeal was heard by the Taxes Appellate Tribunal, Bangladesh, Additional Bench-2 Dhaka and passed an order on 22-7-1991 whereby it allowed gift of Tak......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.......nce, 1984, hereinafter called ‘the Ordinance.’ The applicant being Income Tax Assessee of Intelligence and Investigation Circle-UI, Dhaka under GIR 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,......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)
....efore the Chairman and Secretary. Thana Central Co-operative Society Ltd. Rajbari praying for a shallow tube-well machine to be set up for his samity on taking loan from the local Sonali Bank through Bangladesh Rural Development Board, Rajbari during the financial year 1985-86. The Rural Development......, that accused Md. Eman Ali was the Manager of Baunipur Uttarpara Krishi Samabay Samity Ltd. and in that capacity he filed an application before the Chairman and Secretary. Thana Central Co-operative Society Ltd. Rajbari praying for a shallow tube-well machine to be set up for his samity on taking l......ated 24-4-95 passed by the Special Judge, Court No. 2, Rajbari in Special Case No.13 of 1994, convicting the appellants under section 409 of the Penal Code and sentencing them thereunder to suffer RI for 2 years and to pay a fine of Taka 19,721.95 in default, to suffer RI for a further period of 1 y...... 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...Category: Criminal Law | Date: | Hits: 43
Shawn Apparels Ltd. Vs. Commissioner of Customs and others, 1998, 27 CLC (HCD)
....r of Customs wherein it was revealed that no letter of credit was opened by the Agrani Bank for the import of the goods in question. It is, thus, detected that the goods in question were brought into Bangladesh under fictitious non-existent LCs. It is further asserted that the 40 ft. container arriv......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. ......and 1-10-97 should not be declared to have been made without lawful authority and is of no legal effect and why the respondents should not be directed to release the goods in favour of the petitioner for In-Bond Ware Housing. 2. The petitioner is a private limited Company incorporated under the C......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
....me Court
High Court Division
(Civil Revisional Jurisdiction)
Present:
Kazi AT Manowaruddin J
Md. Arayesuddin J
Rabia Bashri Irene and another……………..Petitioners
Vs.
Bangladesh Biman Corporation, represented by MD. & another……………Respondents
Judgment......pondents are to take steps accordingly without delay.
In the result, these Rules are made absolute without any order as to costs.
Ed.
This case is also Reported in: 52 DLR (HCD) (2000) 308.
......
Judgment
March 5, 2000.
Cases Referred to-
Attorney-General of Hong Kong Vs. Ng Yuen Shiu 1983 AC Vol. 2 page 629; House of Lords, Council of Civil Service Union and others Vs. Minister for the Civil Service, 1985 AC 374.
Lawyers Involved:
Ajmalul Hossain with Mvi Md. Wahidullah ......pondents are to take steps accordingly without delay.
In the result, these Rules are made absolute without any order as to costs.
Ed.
This case is also Reported in: 52 DLR (HCD) (2000) 308.
..
Category: Employment/Service Law | Date: | Hits: 113
....upreme Court
High Court Division
(Special Original Jurisdiction)
Present:
Md. Fazlul Karim J
Md. Ali Asgar Khan J
Golam Mostafa (Md.) and 2 others ………..Petitioners
Vs.
Bangladesh Jute Mills Corporation and others..................Respondent
Judgment
July 11, 199......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.
......he Respondents.
Writ Petition No. 7254 of 1997
with
Writ Petition No.7255 of 1997 and Writ Petition No. 7301 of 1997.
Judgment
Md. Fazlul Karim J. - These Rules are taken up together for hearing and disposed of by the single judgment as common question of law and facts are involved.......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.
..
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.
......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.
......AK Badrul Huq J. - This Rule arising out of an application under section 115 of the Code of Civil Procedure appears in the list today as Item No. 2 in the name of Mr. Korban Ali, the learned Advocate for defendant-petitioners and SS Halder, the learned Advocate for the sole plaintiff-opposite party.......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
....he Companies Act be returned to the petitioner.
The petitioner may refer the matter to the said Arbitration Tribunal, if so advised.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 538.......he Companies Act be returned to the petitioner.
The petitioner may refer the matter to the said Arbitration Tribunal, if so advised.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 538.......ber of Commerce and Industry as petitioners have filed an application under section 43 of the Companies Act, 1994 against the Chittagong Chamber of Commerce and Industry and 200 others as respondents for rectification of the register of members of the Chittagong Chamber of Commerce and Industry.
......he Companies Act be returned to the petitioner.
The petitioner may refer the matter to the said Arbitration Tribunal, if so advised.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 538...
Category: Company Law | Date: | Hits: 198
Khurshid Alam Vs. Securities and Exchange Commission and others, 1999, 28 CLC (HCD)
.... notification dated 15-6-98 in exercise of power under section 21 of the Securities and Exchange Ordinance 1969 to enquire into dealing in stock markets including buying and selling of shares of Mark Bangladesh Shilpa and Engineering Ltd. by the petitioner and also to enquire into affairs and record......he result, the Rule is discharged with cost of Taka 10,000.00 (ten thousand) to be paid by the petitioner to the contesting respondent No. 1. Ed. This Case is also Reported in: 51 DLR (1999) 534.......ause as to why impugned letter dated 6-7-98 issued by the respondent No. 2 (Annexure B) shall not be declared to have been made without lawful authority and of no legal effect. 2. Learned Advocate for the petitioner after placing the petition and provisions of sections 6 and 19 and 21 of the Secu......he result, the Rule is discharged with cost of Taka 10,000.00 (ten thousand) to be paid by the petitioner to the contesting respondent No. 1. Ed. This Case is also Reported in: 51 DLR (1999) 534...Category: Banking Law | Date: | Hits: 196
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.......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.......s. Having received the consideration amount in full said Mrs. Rashida Hossain executed the instrument of share transfer (From 117) in favour of the petitioner. And at the time of the transfer of the aforesaid share the transferor also handed over the vacant possession of the said room of the Dhaka S......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)
....ahim and others…………………..Opposite Parties Judgment July 13, 1998. Cases Referred to- Dipak Chandra vs. Selestin Resel and another 3 BLC 391; Sheikh Abdul Quader vs. Chairman, Bangladesh Agricultural Development Corporation and others 30 DLR (SC) 96 & Abul Hashem vs. Chai......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.......our Gopal Saha J. - This Rule is directed against the order dated 18-9-97 passed by the learned Assistant Judge, Uzirpur, Barisal in Title Suit No. 52 of 1997 rejecting the petitioner’s application for rejection of the plaint under Order 7 rule 11 read with section 151 of the Code of Civil Procedu......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)
....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.......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.......ent Md. Awlad Ali J. - This Rule arises out of judgment and decree dated 8-5-86 passed by the Subordinate Judge, Bagerhat in Title Appeal No. 38/8 affirming the decree of the final Court in a suit for declaration of title and confirmation of possession and permanent injunction. 2. The petition......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...Category: Property Law | Date: | Hits: 98
Sajeda Begum Vs. Member, Bhumi Appeal Board and others, 1997, 26 CLC (HCD)
....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. ......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. ......torney-General — For Respondent No. 1. KS Zaman, Advocate — For the Respondent Nos. 10 and 14. Writ Petition No. 1198 of 1995. Judgment Mainur Reza Chowdhury J. - This writ petition before us is filed by the petitioner Sajeda Begum at whose instance a Rule Nisi was issued calling upo......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. ..Category: Property Law | Date: | Hits: 107
SM Fazlul Haque Vs. Salahuddin Ahmed and another, 2001, 30 CLC (HCD)
....e category of international transaction because it arose out of a business dealing between parties based in two different countries, it was issued by a bank in London while the Negotiating Bank was a Bangladeshi one, the person at whose instance the LC was issued is based in the UK while the recipie......Tarapore and Co. vs. Tractorexport, Moscow (AIR 1970 (SC) 891); Carlill vs. Carbolic Smoke Ball C (1893, 1 QB 256); Contax (India) vs. Vinmar impex inc (AIR 1986 (SC) 1924); Morning Star Co-operative Society Ltd. vs. Express Newspapers Ltd. (The Times, October 18, 1978); Evans Marshal & Co. Ltd.......cial Court, Chittagong in Other Suit No. 3 of 1998 refusing to grant temporary injunction. 2. Other Suit No. 3 of 1998 came into being following the filing of a plaint whereby the plaintiff prayed for (1) a decree of declaration to the effect that the plaintiff is not liable to pay technical fee ......ntly, the appeal is dismissed and the connected Rule being Civil Rule No. 225 (FM) of 1998 is also discharged without any order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 612. ..Category: Civil Law | Date: | Hits: 164
Shah Alam (Md.) Vs. Md. Shahidur Rahman and others, 2003, 32 CLC (HCD)
....dingly. Communicate the order to the court below at once. Send down the lower court records along with a copy of this judgment expeditiously. Ed. This Case is also Reported in: 55 DLR (2003) 214.......dingly. Communicate the order to the court below at once. Send down the lower court records along with a copy of this judgment expeditiously. Ed. This Case is also Reported in: 55 DLR (2003) 214.......rned Subordinate Judge, 1st Court, Rangpur in Miscellaneous Case No. 25 of 1995 (a proceeding under section 24 of the Non-Agricultural Tenancy Act) disallowing the preÂ-emption. 2. Facts relevant for the purpose of disposal of this appeal, in short, are that 0.0913 acre of land appertaining to p......dingly. Communicate the order to the court below at once. Send down the lower court records along with a copy of this judgment expeditiously. Ed. This Case is also Reported in: 55 DLR (2003) 214...Category: Property Law | Date: | Hits: 53
Shaikh Ansar Ali & others Vs. Md. Tofazzal Hossain and others, 2003, 32 CLC (HCD)
....to the plaintiff No. 2 is illegal, without jurisdiction and not binding upon the plaintiffs, contending, inter alia, that they are the elected president and vice president of the Khulna Circle of the Bangladesh Hardware Machinery Merchants Association ('Association` in short) for the term 2000 to 20......ted 19‑11‑2001, rejecting the petition under Order VII rule 11 (d) of the Code is set aside. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 55 DLR (2003) 211.......llenged. By the order No. 6 an application under order VII rule 11(d) of the Code of Civil Procedure was rejected. By order No. 7, the defendants were restrained from obstructing the plaintiffs in performing their functions till disposal of the suit. By order No. 8, the defendants by an order of adÂ......ted 19‑11‑2001, rejecting the petition under Order VII rule 11 (d) of the Code is set aside. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 55 DLR (2003) 211...Category: Civil Law | Date: | Hits: 74
Kawsar Alam Khan Vs. State, 2000, 29 CLC (HCD)
.... 4. Mr. Tofail Ahmed, learned Counsel appearing for the appellant, submits that the appellant is a green card holder and resident of the United States of America for the last 5/6 years. He came to Bangladesh for a short visit leaving his wife and minor children in the USA and that at the instance......pellant does not leave Bangladesh without permission of the trial Court. This Judgment and order shall have no bearing on the trial. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 298.......d of by a single judgment. 2. Allegations against the appellant is that on 20-7-98 at about 14.00 hours SI of Police Liaquat Hossain, attached to Sabujbagh PS accompanied by a contingent of police force arrested the appellant from East Goran on information that he has been threatening local peopl......pellant does not leave Bangladesh without permission of the trial Court. This Judgment and order shall have no bearing on the trial. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 298...Category: Criminal Law | Date: | Hits: 54
Abdul Hoque (Md.) Vs. Md. Abdul Gani alias A Gani, 2000, 29 CLC (HCD)
....11-86 passed by Additional District Judge, 1st Court Dhaka in Miscellaneous Appeal No.518 of 1984 dismissing the appeal and confirming the order dated 25-11-84 passed by the Administrator of Waqfs of Bangladesh passed in Natu Mallick Waqfs Estate EC No.9157 cancelling this earlier order dated 5-12-8......ute. No costs. The records of the case, be sent down to the office of the Waqfs Administrator for taking necessary action forthwith. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 295.......lling this earlier order dated 5-12-83 appointing the petitioner Mutwalli of the said State. 2. It appears from the record that the opposite party, Md. Abdul Ghani on 16-6-84 made an application before the Administrator of Waqfs, Bangladesh for cancelling the appointment of the petitioner as Mutw......ute. No costs. The records of the case, be sent down to the office of the Waqfs Administrator for taking necessary action forthwith. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 295...Category: Trust/Waqf Law | Date: | Hits: 174
Haripada Saha Vs. Md. Shamsuddin Quraishi and others, 1997, 26 CLC (HCD)
....llegality in the impugned order. In the result, the Rule is discharged without any order as to costs. Send down the LC Records at once; Ed. This Case is also Reported in: 54 DLR (2002) 606.......llegality in the impugned order. In the result, the Rule is discharged without any order as to costs. Send down the LC Records at once; Ed. This Case is also Reported in: 54 DLR (2002) 606.......ed 9-10-1995 passed by the learned Subordinate Judge, First Court, Faridpur, in Title Suit (Pre-emption Suit) No. 47 of 1978 rejecting the petitioners application under section 4 of the Partition Act for buying up the share of the plaintiff opposite party No. 1. 2. The opposite party No. 1 as pla......llegality in the impugned order. In the result, the Rule is discharged without any order as to costs. Send down the LC Records at once; Ed. This Case is also Reported in: 54 DLR (2002) 606...Category: Administrative Law | Date: | Hits: 210
Abdur Rahman Vs. Government of Bangladesh, 2002, 31 CLC (HCD)
....rt Division (Special Original Jurisdiction) Present: Amirul Kabir Chowdhury J Md. Nizamul Huq J Abdur Rahman…………………..………………Petitioner Vs. Government of Bangladesh, represented by Secretary, Ministry of Works and another……………………….Respo......e of receipt of the records giving reasonable chance to the petitioner to produce the aforesaid witness. Send down the LC Records at once. Ed. This Case is also Reported in: 55 DLR (2003) 196.......he list of abandoned property/buildings and to restore/hand over its possession to the petitioner. The application was registered as Case No. 15 of 2000 on 9‑7‑2000. The case was thereafter fixed for hearing on 30‑8-Â2000 and on an application by the petitioner the date was shifted to 15‑10......e of receipt of the records giving reasonable chance to the petitioner to produce the aforesaid witness. Send down the LC Records at once. Ed. This Case is also Reported in: 55 DLR (2003) 196...Category: Property Law | Date: | Hits: 59
Amena Khatun Vs. Chairman, Court of Settlement and others, 2010, 39 CLC (AD)
....Sinha J Amena Khatun…………....Appellant Vs. Chairman, Court of Settlement and others.…………Respondents Judgment May 24, 2010. Cases Referred To- CQMH Md. Ayub Ali Vs. Bangladesh, 47 DLR (AD) 71; Hosne Ara Begum Vs. Chairman, Court of Settlement, 46 DLR (AD) 9; Golam ......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. ......of 1980, 408 of 1982 and 213 of 1985 from competent Civil Courts prior to the date of inclusion of the disÂputed property in the abandoned property list on 23rd September, 1986. 2. Facts relevant for the disposal of this appeal are that appellant entered into a contract for purchase of the dispu......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. ..Category: Property Law | Date: | Hits: 65
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