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World Tel Bangladesh Ltd. Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....ued on the 90th day after signing of the Licence Agreement provided that in case of any delay in frequency allocation or signing of the Interconnection Agreement for reasons attributable to the first party then the effective date may be shifted by mutual agreement. 5. According to the terms of t......discharged without any order as to costs. The order of status quo granted at the time of issuance of the Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 58 DLR (2006) 14.......discharged without any order as to costs. The order of status quo granted at the time of issuance of the Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 58 DLR (2006) 14...Category: Information Technology Law | Date: | Hits: 321
.... in these two Writ Petitions and, as such, they were heard together and are being disposed of by this common judgment.
2. Both the petitioner-companies assemble refrigerators after importing spare parts from abroad and then sell it in the local market. It is the case of the petitioners that suppl......e exempted but at the time of sale VAT has been demanded on the sale price which includes the import price. Therefore, it is contended that the benefit which was given to the petitioners by exempting payment of supplementary duty at the import stage has been taken away by the impugned demands wherei...... any lawful authority and are of no legal effect.
In view of the facts and circumstances of the cases there will be no order as to cost.
Ed.
This Case is also Reported in: 58 DLR (2006) 5.
..
Category: Fiscal/Taxation Law | Date: | Hits: 81
Selim Reza Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....attle Hat. Again there was no bidder. In this situation the respondent No. 6 again fixed 13-4-2005 for submission of tender for the 4th time for leasing out the said Cattle Hat. This time six bidders participated in the tender and of them respondent No. 7, Md. Rasel Ahmed, was considered as the high......ructed by the mastans of the Syndicate to purchase the tender documents. This aspect of the case of the petitioner is not specifically denied by the respondents in their affidavits-in-opposition. The payment of earnest money by way of call deposit of Taka 4,50,000 by the petitioner in favour of the ......Rule is made absolute without any order as to costs. The office is directed to communicate this order to the respondents for information. Ed. This Case is also Reported in: 58 DLR (2006) 1. ..Category: Others | Date: | Hits: 114
....nst the Ministry of Land and Lacca Tura Tea Estate and others for declaration of title and recovery of khas possession in respect of the said land along with other lands. The said suit was decreed in part declaring title only in favour of the father of the petitioner in respect of the second schedul...... and the writ petition was not maintainable has no substance.
In the result, the Rule is made absolute with any order as to costs.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 506.
...... and the writ petition was not maintainable has no substance.
In the result, the Rule is made absolute with any order as to costs.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 506.
..
Category: Property Law | Date: | Hits: 95
Commissioner of Taxes Vs. Kushtia Sugar Mills Ltd., 2000, 29 CLC (HCD)
....-General—For the Applicant. AFM Ferojuddin Bhuiyan, Advocate—Respondent. Reference Application No. 9 of 1994. Judgment Syed Amirul Islam J.- In this referee application the revenue department calls in question the legality and propriety of the Judgment and order dated 22-11-93 passe...... the income of the assessee under sections 23(2) and 22(4) of the Income Tax Act, 1922 (hereinafter called “the act”) at a total loss of Taka 46,53,020 by disallowing many items amongst which the payment of included. The assessee being aggrieved by the aforesaid assessment order preferred an app....... Accordingly, we answer the questions in the affirmative and against the revenue applicant. There will be no order as to cost. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 504...Category: Fiscal/Taxation Law | Date: | Hits: 104
....reversing that dated 24-2-97 of the Deputy Commissioner, Rangamati Hill District in Civil Suit No.17 of 1995.
2. Bangladesh Forest Industries Development Corporation (BFIDC) appointed the opposite party Supervisor in the Timber Extraction Project, Kaptai on master roll basis. The Board of Directo......ainable.
For the reasons stated above, we do not find a substance in this Rule, which is discharged without any order as to costs.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 488.
......ainable.
For the reasons stated above, we do not find a substance in this Rule, which is discharged without any order as to costs.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 488.
..
Category: Civil Law | Date: | Hits: 89
Parul Bala @ Parul Rani Shah Mondol Vs. Suruj Miah and others, 2001, 30 CLC (HCD)
....d the consideration money for purchase of the suit land covered by the Exhibit 1 for his wife the plaintiff No.1 and P.W.5 Naderuzzaman, husband of the plaintiff No.2 paid the consideration money for part of the suit land covered by the kabala Exhibit, 1 (a) Kabala Exhibit 1 and 1(a) were registered...... Plaintiff’s case, in short, is that the defendant No.2 Raj Kumar Ghose sold the suit land for Rs. 12,000.00 on 26-2-1951 vide Exhibits 1 and 1(a) sub-kabalas to the plaintiffs to collect money for payment of income tax levied against said Raj Kumar Ghose and his other brothers who are defendant N......)68 is disposed of accordingly, the judgments and decrees of, the Courts below are set aside. The suit is decreed in full. No costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 481...Category: Property Law | Date: | Hits: 83
Titas Gas Vs. Immense Washing Plant and others, 2001, 30 CLC (HCD)
.... were directed to restore gas connection to the plant of the plaintiff by way of an ad-interim order of mandatory injunction. 2. Short facts for disposal of the Rule are that, on 5-4-2000 opposite party No.1 as plaintiff instituted a suit being Title Suit No.90 of 2000 in the 2nd Court of Assista......0 of the trial Court and the arrears stood at Taka 18,92,190.34 out of which the plaintiff so far paid a sum of Taka 1,22,215.48 vide a pay order dated 11-10-2000. The plaintiff was in default in the payment of gas bills which stood at Taka 17,69,974.86 as in March, 2001. Protecting the loss of Gove......es of the Ministry of Law, Justice and Parliamentary Affairs, the Ministry of Power and Energy and the Chairman of the Law Commission. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 471. ..Category: Civil Law | Date: | Hits: 151
Abdus Sukur (Md.) and others Vs. Bhasani Mandal and another, 2001, 30 CLC (HCD)
.... He cites the decision in the case of Haider Ali Vs. the State, 47 DLR (AD) 46 and that of Moulavi Abdul Mannan Vs. Md. Rafiqul Islam, 46 DLR 493. 9. Mr. Garib Newaz, learned Advocate for opposite party No.1 (defendant No.1) submits that the suit as framed is not maintainable under the proviso to......uit land to one Sufia Khatun by a registered deed of sale being deed No. 1126, exhibit 5 and delivered possession. Sufia Khatun got her name mutated and possessed the suit land for quite some time on payment of rents and then, on 9-12-1977 she transferred by a registered kabala being deed No. 35842,......gment and decree of the Court of appeal below are set aside and those of the trial Court are hereby restored. Send down the records. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 452...Category: Property Law | Date: | Hits: 75
Seastar Shipping Lines Ltd. Vs. Bangladesh & others, 2001, 30 CLC (HCD)
.... by law or the contract to recover the loss in this case. The officers responsible for not taking appropriate steps under the contract to prevent the loss should be proceeded against. 9. Before we part with the matter, Mr. Hasan Arif, the learned lawyer on behalf of Mongla port and Harbour Master......ating warehouse for storage of the balance cargo. The said vessel was illegally detained at Mongla port by respondent No.1 for an indefinite period to pressurise and to compel the petitioners to make payment for the allegedly damaged cargo by delaying the sailing of the vessel although the petitione......te of receipt of this order. A copy of this order be sent forthwith to the Prime Minister’s Secretariate and the Ministry of Food. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 449...Category: Admiralty Law or Maritime Law | Date: | Hits: 212
State Vs. Md. Shamim alias Shamim Sikder and others, 2000, 29 CLC (HCD)
....ng with their neighbours Kazi Jasim and another Jasim went to Barisal Medical College Hospital to see a patient at about 11-00 PM on 27-10-93 by a motorcycle. 2. When they reached near Emergency Department of the Medical College Hospital accused Shamim, Nahid, Yousuf, Ratan, Bipul, Royel, Lamu an......used Nahid and Pipul were not well known to him before the occurrence and they were known to him by faces only. He also stated that accused Lamu purchased bricks from him and there was a dispute over payment of price of bricks and he has strained relationship with accused Lamu. He also stated that i......der alias Md. Ratan are allowed and they are found not guilty to the charges levelled against them and they are acquitted in this case. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 439...Category: Criminal Law | Date: | Hits: 50
Gurvinder Singh Vs. Secretary, Ministry of Finance and others, 1992, 21 CLC (HCD)
....and in the process he was seriously prejudiced because he was to attend on 7th May, 1992 in a hearing of his application for becoming a USA citizen and he received a letter dated 8-4-92 from the US Department of Justice to the effect that the petitioner is to attend it but he could not go and it has...... that he is not liable to pay taxes here. Thereafter the petitioner received another notice dated 20-4-92 issued by respondent No.3 directing him to appear before him at 10-00 AM on 27-4-92 regarding payment of his tax for the year 1990-1991 and 1991-1992. The petitioner appeared before the office a...... In the result, this Rule is disposed of on the above observations without any order as to costs. Communicate this order at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 434. ..Category: Fiscal/Taxation Law | Date: | Hits: 98
Progoti General Insurance Co. Ltd. Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)
....hile grossing up the same with the income. Being aggrieved by the aforesaid order of the DCT petitioner preferred an appeal before the Additional Appellate Commissioner of Taxes who after hearing the parties allowed the appeal in part but maintained the order of the AACT so far it relates to the all......ormulated by us in the negative and in favour of the assessee petitioner. There will be no order of cost. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 424, 53 DLR (HCD) (2001) 531. ......ormulated by us in the negative and in favour of the assessee petitioner. There will be no order of cost. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 424, 53 DLR (HCD) (2001) 531. ..Category: Fiscal/Taxation Law | Date: | Hits: 104
Sogra Begum Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)
....ssessment order an appeal was preferred before the Additional Commissioner of Taxes (Appeal) who had granted relief to the petitioner and deleted the addition of Taka 10,07,205.00 against which the department preferred a second appeal before the Taxes Appellate Tribunal which by its order dated 1-8-......es not appear to us to be a fit case for granting a certificate as prayed for. Hence the prayer is rejected. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 420, 26 BLD (HCD) (2006) 301. ......es not appear to us to be a fit case for granting a certificate as prayed for. Hence the prayer is rejected. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 420, 26 BLD (HCD) (2006) 301. ..Category: Fiscal/Taxation Law | Date: | Hits: 108
Mainuddin Chowdhury & others Vs. State and another, 2001, 30 CLC (HCD)
....lamgir and Md. Jahangir Alam, Advocates — For the Petitioners. Not represented-the Respondents. Criminal Revision No. 511 of 2000. Judgment Md. Abdul Aziz J. - In this Rule the opposite parties including Kabir Ahmed impleaded as opposite party No.2, were directed to show cause as, to w......itioners No.4 be enlarged on bail to the satisfaction of the Deputy Commissioner, Chittagong, if not wanted in any other connection. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 416. ......itioners No.4 be enlarged on bail to the satisfaction of the Deputy Commissioner, Chittagong, if not wanted in any other connection. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 416. ..Category: Criminal Law | Date: | Hits: 43
....ka 5,266. The assessee applicant being aggrieved by the assessment order of the Deputy Commissioner of Taxes preferred an appeal before the Appellate Joint Commissioner of Taxes who after hearing the parties reduced the estimate of commission receipts from Taka 15,000 to Taka 8,000 per person on the......ered in the negative, and against the Revenue.
Accordingly, the reference is answered in the negative. There will be no order as to costs.
Ed.
This case is also Reported in: 52 DLR (2000) 484.......ered in the negative, and against the Revenue.
Accordingly, the reference is answered in the negative. There will be no order as to costs.
Ed.
This case is also Reported in: 52 DLR (2000) 484...
Category: Fiscal/Taxation Law | Date: | Hits: 101
Abdul Mannan and another Vs. Bangladesh, 1999, 28 CLC (HCD)
....2/Ward-6/98/796 dated 4-6-98 (Annexure-E) advised the Delimitation Office and the Deputy Commissioner, Bhola that 7-6-98 was fixed for hearing of the preliminary list in the Secretariat and concerned parties to remain present to discuss pros and cons as to delimitation of Wards relating to objection...... Petition No.2259 of 1998 are discharged without any order as to costs. The order of stay granted earlier in both Rules are hereby vacated. Ed. This case is also Reported in: 52 DLR (2000) 471. ...... Petition No.2259 of 1998 are discharged without any order as to costs. The order of stay granted earlier in both Rules are hereby vacated. Ed. This case is also Reported in: 52 DLR (2000) 471. ..Category: Election Law | Date: | Hits: 97
A Rouf Chowdhury and another Vs. Bangladesh and others, 2000, 29 CLC (HCD)
....ing and asking the petitioners to remove by demolition of the structures constructed beyond the sixth floor is the only issues before us. 41. In order to appreciate the submission on behalf of the parties on the above issue, we feel it necessary to consider the scheme of the Building Construction......n view of our decision, the order issued earlier directing the parties to maintain status quo in respect of construction is hereby vacated. Ed. This case is also Reported in: 52 DLR (2000) 461. ......he Act. 3. On getting the sanction, the petitioners started construction as per sanctioned plan. As the construction involved huge money, the petitioners mortgaged the said land to a bank and took loan. Out of 22 floors, 16 floors with the foundation for the sanctioned 22-storied building was com..Category: Property Law | Date: | Hits: 125
Osena Begum alias Babuler Ma and another Vs. State, 2003, 32 CLC (HCD)
.... by Sarail police to the Thana Health Complex and she was admitted in the women's ward. Her body had old infected burn injuries. As her condition was very critical, he referred her to the emergency department of Brahmanbaria Sadar Hospital the very same day. He also issued discharge certificate fro......r case. Let a copy of this judgment be sent to the learned Additional Sessions Judge for his guidance. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (2003) 299. ......r case. Let a copy of this judgment be sent to the learned Additional Sessions Judge for his guidance. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (2003) 299. ..Category: Criminal Law | Date: | Hits: 49
Akkas Ali Molla and another Vs. State, 2001, 30 CLC (HCD)
....1) No Court shall take cognizance (c) of any offence described in section 463 or punishable under section 475 or section 476 of the same Code, when such offence is alleged to have been committed by a party to any proceeding in any Court in respect of a document produced or given in evidence in such ...... is felt to be necessary. The order of stay of realisation of fine passed on 29‑3‑1989 is hereby vacated. Send down the LCR at once. Ed. This Case is also Reported in: 55 DLR (2003) 296. ......ncluding a portion of land already gifted by Meser Ali to his aforesaid daughters and got it registered in Bogra Sadar Registration Office on 25‑3‑1974. Accused Akkas Ali applied for agricultural loan to Joypurhat Agricultural Bank on the basis of the forged deed. During inquiry by the Bank the ..Category: Criminal Law | Date: | Hits: 129
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