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M/S Pak Jute Mills Ltd. Vs. Income Tax Officer and another, 1978, 7 CLC (AD)

....ere the rate of surcharge has been detailed. This point also fails. In the result, therefore, the appeal is dis­missed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 178. ......rporation taxes and taxes on income other than agricultural income. Clause (e) deals with taxes on capital value of assets not including taxes on capital gains or immov­able property. In the present case tax has been on bonus shares and it being a super tax is an additional duty of income tax and i..

Category: Fiscal/Taxation Law | Date: | Hits: 131

Zaminur Rahman & others Vs. Bangladesh & others, 1978, 7 CLC (AD)

....uraged. In the above premises the appeal is dis­missed but in the facts and circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 171.......pellants were employed by the Paurashava as Octroi Muharis and leasing out of the Octroi posts pose a threat to their jobs as either they may be transferred to work under the private lessees in which case their terms of employment would be altered, or alterna­tively they may be declared surplus and..

Category: Fiscal/Taxation Law | Date: | Hits: 112

Mullick Brothers Vs. Income Tax Officer and another, 1978, 7 CLC (HCD)

.... premises the appeal is allowed but without any order as to costs. The impugned demand notices are declared to be of no lawful authority. Ed This Case is also Reported in: 31 DLR (AD) (1979) 165....... premises the appeal is allowed but without any order as to costs. The impugned demand notices are declared to be of no lawful authority. Ed This Case is also Reported in: 31 DLR (AD) (1979) 165...

Category: Fiscal/Taxation Law | Date: | Hits: 122

Mohammad Golam Rabbani and another Vs. Government of People's Re­public of Bangladesh, 1978, 7 CLC (AD)

....nd the observations in paragraphs 10-15 in entirely are expunged. In the result the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 163....... Judgment K M Subhan J.- In this appeal two learned Advocates are the appellant, and have prayed for expunction of remarks made in the judg­ment of the High Court Division against them, in the cases they appeared as Advocates repre­senting the appellants before the High Court Division. 2...

Category: Others | Date: | Hits: 145

Sonali Bank Vs. Mozaffor Hossain, 1997, 26 CLC (HCD)

....t of Subordinate Judge, Barisal is set aside and the ex parte decree dated 30-7-1983 is maintained. Order of stay stands vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 174. ...... take any step and was found absent on repeated calls. The suit was taken for ex parte disposal. Mr. Shah Alam Khan an Officer of the plaintiff-Bank was examined as P.W.1 in support of the plaintiffs case. Documents were marked as Exhibits. 31-7-1983 was fixed for order. On 31-7-1983, the suit was d..

Category: Procedural Law | Date: | Hits: 80

Harunar Rashid (Md.) Vs. Subordinate Judge, (Artha Rin Adalat) Bogra and others, 1997, 26 CLC (HCD)

....92 (Annexure to the petition) is hereby declared to have been passed or made without any lawful authority and to be of no legal affect. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 170........ On 13-8-88 the petitioner was under suspension on various charges stating that he has caused loss to the Bank by distributing loans to different persons without any authority. Thereafter a criminal case was also started on 11-6-89 against the petitioner. The charges leveled against the petitioner ..

Category: Civil Law | Date: | Hits: 71

Abdur Rahim Vs. Arifur Rahman and others, 1997, 26 CLC (HCD)

....impugned judgment to call for any interference by this Court exercising revisional power. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 166.......nts did not perform their part of the contract and hence the suit for specific performance of contract. 3. Defendant No.1 appeared in the suit by filing written statements admitting the plaintiffs case and the execution of the bainapatra and expressed his willingness to execute and register the p..

Category: Procedural Law | Date: | Hits: 68

Mohor Ranjan Pal and others Vs. State, 1997, 26 CLC (HCD)

....time of issuance of the Rules stand vacated. Let a copy of this judgment be sent to the learned Divisional Special Judge, at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 163. ......course of investigation, obtained sanction from the Government for their prosecution and filed the same along with the charge-sheet; whereupon the Chief Metropolitan Magistrate took cognisance of the case and transferred it to the learned Metropolitan Magistrate for trial, and on 22-2-94 the learned..

Category: Criminal Law | Date: | Hits: 71

Aslam Vs. State, 1998, 27 CLC (HCD)

....ibunal Judge will, however, be at liberty to cancel the bail, if he finds any misuse of the privilege of bail by the accused-appellant. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 161....... of 1997 arising out of Narayangonj PS Case No.16(7)95 under section 19A(P) of the Arms Act. By this order the learned Tribunal Judge rejected the appellant’s prayer for bail. 2. The prosecution case, in short, is that, one Md. Awal Hossain Khan and Moniruzzaman SI of Police Narayangonj PS alon..

Category: Criminal Law | Date: | Hits: 65

Ihteshamur Rahman Vs. Masuda Khatun and others, 1998, 27 CLC (HCD)

....tively within 3(three) months from the d of receipt of this order. The order of stay earlier granted by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 159. ......d Artha Rin Adalat No.4, Dhaka in Title Suit No.258 of 1992 allowing the plaintiffs application for re-examination of witness No.1 for the plaintiff. 2. Short facts relevant for the purpose of the case are that opposite party No.1 as plaintiff instituted a suit in the 3rd Court of the Subordinate..

Category: Property Law | Date: | Hits: 66

Amena Khatun and others Vs. Md. Afsaruddin being dead his heirs 1(ka) Maleka Khatun and others, 1997, 26 CLC (HCD)

....down the lower Court records immediately. Cost assessed by the lower Court in respect of the share of the suit land is maintained. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 156. ......r and opposite party Nos. 2-19 for partition and recovery of khas possession after ascertaining the plaintiffs’ title to the suit land which is an undivided dwelling house. 3. The plaintiffs’, case, in short, is that one Abdul Gafur was the original owner of the Suit plot and he sold the same..

Category: Property Law | Date: | Hits: 63

Bainchitala Islamia Junior Madrasha Vs. Md. Abdur Rashid & others, 1997, 26 CLC (HCD)

....henidah in Miscellaneous Appeal No.54 of 1995 is set aside and the application dated 22-2-95 filed by the opposite parties is rejected. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 153.......f 1985 before the learned District Judge. During the pendency of the aforesaid Miscellaneous Appeal one Khondoker Moulana Mesbahul Alam Azad Khandeni filed an application under Order 1 rule 10 of the case, claiming himself as Secretary of Bainchitala Islamia Junior Madrasha, for adding him as appell..

Category: Property Law | Date: | Hits: 55

Doris Waldman Vs. Bangladesh and others, 1996, 25 CLC (HCD)

....en made without lawful authority and are of no legal effect. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 151........3 and Memo No.Mind/II-2/ETP-Reg (27)94/52 dated 27-1-96 (Annexure-C) issued by respondent No.4 should not be declared to have been made without lawful authority and are of no legal effect. 2. The case of the petitioner is as set forth below: The petitioner Mrs. Doris Waldman is an American n..

Category: Criminal Law | Date: | Hits: 87

Shahnewaz Karim (Md.) Vs. State, 2009, 38 CLC (HCD)

....undertaking to produce the same before the Court on and when directed by the same. Copy be sent down at once. Ed. This Case is also Reported in:62 DLR (HCD) (2010) 67; 18 BLT (HCD) (2010) 5. ......s owned by the Navana Taxi Cab Company Ltd. leased out on rental basis is being damaged for keeping the same idle in an open place and is being destroyed causing huge pecuniary loss. The trial of the case will not be hampered if the taxi cab is given in the Jimma to its original owner with condition..

Category: Criminal Law | Date: | Hits: 110

Jamil Akhter Elahi (Md.) Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)

....ion is misconceived and the Rule is liable to be discharged. In the result, the Rule is discharged but without any order as to cost. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 64.......position sworn on 21-6-2009 supplementary affidavit sworn on 23-6-2009, denying all material allegations contained in the petition. 5. Mr. Md. Jamil Akhter Elahi, the petitioner himself argues the case in person while Mr. AKM Nazrul Islam, Advocate, appears on behalf of the respondent Nos.2 to 4...

Category: Others | Date: | Hits: 134

Islam Enterprise Vs. Commission of Taxes Zone-3, 2007, 36 CLC (HCD)

....he applications under section 173 of the Ordinance in the negative and against the revenue and in favour of the applicants. No costs. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 59.......were not maintainable. 11. In the circumstances, the following common questions of law were referred to this Division for determination: (a) Whether on the facts and in the circumstances of the case the Appellate Tribunal was justified in confirming the order of the Appellate Joint Commissione..

Category: Fiscal/Taxation Law | Date: | Hits: 97

Nasiruddin (Md.) Vs. State, 2009, 38 CLC (HCD)

.... the result, the appeal is allowed with modification. Send down the Lower Court Records at once. Communicate the order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 49. ......rently and that the period during which the accused was in jail custody shall be deducted from the term of sentence and that the seized arms and ammunition be forfeited in favour of the State. The case matter in the FIR, in a nutshell, is as follows: The informant SI Mr. Md. Farooq Khalil of ..

Category: Criminal Law | Date: | Hits: 79

Abul Kashem Vs. AKM Golam Mostafa and others, 2009, 38 CLC (HCD)

....ated. Office is directed to send down the records of this case at once with a copy of Judgment for information and necessary action. Ed This Case is also Reported in: 62 DLR (HCD) (2010) 44. ......f Taka one lac. Subsequently the opposite party No.23 of the application for pre-emption, claiming as co-sharer by inheritance in the holding, was transposed as co-pre-emptor. 3. The pre-emptor's case, put in a nutshell, is that opposite party No.5 Syed Noor Nabi having owned and possessed the l..

Category: Administrative Law | Date: | Hits: 230

Shefali Bala Vs. Khalipur Pukurpara Registered Non-Government Primary School Managing Committee and others, 2009, 38 CLC (HCD)

.... the plaintiff's dismissal shall be treated to be special leave without pay and other benefits. Send down the LC records accordingly. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 41....... and the subsequently two resolutions were created illegally. The defendant did not file any objection against the report of the TNO. The service of the plaintiff was continued on 3-1-94. The further case of the plaintiff was that on 6-3-96 when Bashir Uddin inspected the school, he found the plaint..

Category: Employment/Service Law | Date: | Hits: 118

Chief Engineer, the Local Government and Engineering Department and others Vs. Kazi Mizanur Rahman and others, 2012, 41 CLC (AD)

.... The leave petitions are disposed of with the above observations and modifications of the earlier as well as the impugned judgments. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 91. ......ench of the High Court Division presided over by Md. Mamtaz Uddin Ahmed J. following the judgment in Writ Petition No.3218 of 2010, in which, it was directed upon the writ respondents to consider the cases of the writ petitioners for regularizing in the revenue budget, directed the writ respondents ..

Category: Employment/Service Law | Date: | Hits: 147