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....r the Tribunal in deciding the question of depreciation under section 10(2)(vi) was justified, in the facts and circumstances of the case, in ignoring the fact, the property in question vested in the Government and was subsequently transferred to the applicant, and as such, the applicant as a succes.......
Judgment
AM Mahmudur Rahman J.- In this application under section 160(1) of the Income Tax Ordinance, 1984 the assessee has raised as many as five questions said to have arisen out of the order of the Taxes Appellate Tribunal relating to assessment year 1973‑74 for our decision. Questi..
Category: Fiscal/Taxation Law | Date: | Hits: 139
State Vs. Sree Ram Krisna Nath (Ram Babu) and another, 2011, 40 CLC (AD)
....ompliance of the Court’s order. Let a copy of this judgment alongwith all the records be transmitted also to the Court of Cognizance Magistrate, Chittagong. Ed. This Case is also Reported in: ...... Respondent No.2. Abdul Wadud Bhuiyan, Senior Advocate, instructed by Mrs. Sufia Khatun, Advocate-on-Record- For the added Respondents. Criminal Appeal No. 43 of 2009. (From the judgment and order dated 30th January, 2008 passed by the High Court Division in Criminal Miscellaneous Case No.4..Category: Criminal Law | Date: | Hits: 83
Abdur Rahim Vs. Momotaz Begum and others, 2011, 40 CLC (HCD)
....rected to proceed with the case in accordance with law. Communicate the order at once. Jahangir Hossain J.- I agree. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 96. ......posite party Nos. 1-6. Civil Revision No. 485 of 2010. Judgment Hasan Foez Siddique J.- This rule was issued calling upon the opposite parties to show cause as to why the impugned order dated 17.01.2010 passed by the learned Joint District Judge, 1st Court, Lakshmipur, in Title S..Category: Limitation Law | Date: | Hits: 219
Saijuddin Molla Vs. Abdur Rahman and others, 2011, 40 CLC (HCD)
....n Pre-emption Miscellaneous Case No.21 of 2003 is set-aside. Let a copy of this judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: ......pposite-party No.1. Civil Revision No.1251 of 2010. Judgment Sheikh Abdul Awal J.- This Rule was issued calling upon the opposite party No.1 to show cause as to why the impugned judgment and order dated 3.02.2010 passed by the learned Joint District Judge, 2nd Court, Manikganj in Title Appe..Category: Property Law | Date: | Hits: 62
Md. Nazimuddin Vs. Government of Bangladesh and others, 2011, 40 CLC (AD)
....n Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Mohammad Mamtaz Uddin Ahmed J Md. Nazimuddin……………………………………………………….Petitioner Vs. Government of Bangladesh and others…………………..Respondents Judgment August 25, 2011......te, instructed by Syed Mahbubur Rahman, Advocate-on-Record- For the Petitioner. Not represented-the Respondents. Civil Petition for Leave to Appeal No. 2001 of 2009. (From the judgment and order dated 26.07.2009 passed by the Administrative Appellate Tribunal, Dhaka in Appeal No.186 of 20..Category: Administrative Law | Date: | Hits: 196
Jiban Bima Corporation and another Vs. A.K.M. Harun-Or-Rashid and others, 2011, 40 CLC (AD)
.... whether the High Court Division misconceived and misconstrued the provision of Rule 9 of the Bangladesh Service Rules Part-I, because of the fact that the declaration of age made by an applicant for Government Service at the time of or for the purpose of entry into Government service shall be deeme......yan, Senior Advocate, instructed by Muhammad Nawab Ali, Advocate-on-Record-For Respondent No.1 Not represented- Respondent Nos. 2 & 3. Civil Appeal No. 31 of 2005. (From the judgment and order dated 24th June, 2003 passed by the High Court Division in Writ Petition No.2146 of 2003.) ..Category: Employment/Service Law | Date: | Hits: 58
Kazi Abdul Awal Zewar Rashid Vs. Dhaka Municipal Corporation and another, 1990, 19 CLC (HCD)
....t his report within fifteen days from appointment. The stay granted earlier is thereby vacated. Communicate this order at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 509. ...... No.1. Civil Revision No. 399 of 1990. Judgment Anwarul Haque Chowdhury J.- This Rule arises out of an application under section 115 of the Code of Civil Procedure and is directed against an order dated 8.11.89 passed by the learned Subordinate Judge, 1st Court, Dhaka in Title Suit No.581 o..Category: Property Law | Date: | Hits: 71
.... dated 30.6.90 by the Upazila Fishery Officer, Balaganj, on receipt of writ (Annexures‑B and C respectively). The review petitioner undertook development as per approved scheme dated 17.6.90 of the Government and invested large sums of money. A copy of the scheme is annexed as Annexure‑'D'.
3......e ‑ For the Respondent.
Writ Petition No.5 of 1991.
Judgment
Mainur Reza Chowdhury J.- This is a petition by Khapan Bittahin Co‑operative Society Limited for review of the judgment and order dated 7.5.91 passed by this Court making the Rule absolute Writ Petition No.2551 of 1990.
2..
Category: Civil Law | Date: | Hits: 87
Commissioner of Taxes Vs. Md. Hasanuzzaman, 1993, 22 CLC (HCD)
.... costs. This order shall govern both the reference application Nos. 3 and 4 of 1989. We return the references with the above answer. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 500.......) of the Act on the basis of rent agreement at Tk. 20,400.00. He computed the total income at Tk. 32,700.00 and assessed income‑tax on that amount for both the years. 3. The assessee against the orders of the Assistant Commissioner of Taxes preferred appeals before the Appellate Joint Commissio..Category: Fiscal/Taxation Law | Date: | Hits: 98
....nt:
AM Mahmudur Rahman J
Mahmudul Amin Choudhury J
Yunus Mia (Md.) and others..........................Petitioners
Vs.
The Secretary, Ministry of Public Works & Urban Development, Government of Bangladesh and others.........................Respondents
Judgment
April 28, 199......ffect and why they should not be directed to provide plots to the petitioners as undertaken by the Government in Writ Petition No.1004 of 1980 and other petitioner as incorporated in the judgment and order dated March, 11, 1982.
2. The facts relevant for disposal of this Rule are that the petitio..
Category: Property Law | Date: | Hits: 79
Nurul Islam Vs. Morshedul Alam and Others, 2011, 40 CLC (AD)
....ce with the impugned judgment and decree. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD)(2012) 3, 32 BLD (AD) (2012) 25. ......roperty due to his old age. Thereafter, Ali Hossain kot mortgaged the suit property with one Sultan Ahmed Bahaddar on behalf of his father Md. Putan, on the strength of the said power of attorney, in order to save the suit property from auction sale for arrears of land revenue. Subsequently, Md. Put..Category: Property Law | Date: | Hits: 116
Ms. Ok-Kyung Oh, Dhaka Vs. Tea Hung Packaging (Bd) Ltd. and Others, 2011, 40 CLC (AD)
....Courts seeking coercive order to secure production of required documents; the Registrar can direct a Company to correct the documents supplied and may also report the circumstances of the case to the Government and the Government may, in turn, initiate criminal proceedings in appropriate circumstanc...... and another Vs. Registrar, Joint Stock Companies and another, 39 DLR 1. Civil Appeal No. 32 of 2011. Judgment Md. Abdul Wahhab Miah J. - This appeal by leave has arisen out of judgment and order dated the 26th day of October, 2009 passed by the High Court Division in Writ Petition No.9509..Category: Company Law | Date: | Hits: 235
Principal, Fulbaria College, Mymensingh Vs. Md. Helaluddin and Others, 2010, 39 CLC (AD)
....05 on behalf of the appellant that the teachers and employees of Fulbaria College including the writ petitioner gave an under taking on 15th September, 2001 to the effect that they would withdraw the Government's portion of the salary and benefits on the basis of their entitlement in the manner the ......stant Professor and he was given a monthly salary in the scale of Tk. 7, 200/- on and from 1st June, 2000. While he was drawing salary for the month of June, 2002 he found his name in the monthly pay order (MPO) in the batch of lecturers in the scale of Tk. 6,150/-. Thereupon he made a representatio..Category: Employment/Service Law | Date: | Hits: 204
Barrister Nazmul Huda and another Vs. State and another, 2011, 40 CLC (HCD)
....n the L.C. records along with a copy of this Judgment and order to the Court concerned immediately for information and necessary action. Ed.This Case is also Reported in: 16 MLR (HCD) (2011) 381. ......da Khatun Rina, Assistant Attorney General - For the Respondent-State. Md. Khurshid Alam Khan, Advocate- For the Respondent No.2. Criminal Appeal No. 4813 of 2007. (Against the judgment and order of conviction and sentence dated 26.8.2007 passed by the Special Judge, Court No.2, Dhaka in..Category: Criminal Law | Date: | Hits: 101
Professor Golam Azam Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)
.... High Court Division (Special Original Jurisdiction) Present: Mohammad Ismail Uddin Sarker J Badrul Islam Chowdhury J Professor Golam Azam…………………..Petitioner Vs. Government of Bangladesh and others.................Respondents Judgment August 12, 1992. R......ce being No. Sha: Ma: (Bahi‑1)/138 dated 23.3.1992 (Annexure‑K) should not be declared to have been made and issued without any lawful authority and is of no legal effect or such other or further order or orders passed as to this Court may seem fit and proper. 2. It is stated in the petition ..Category: Immigration and Citizenship Law | Date: | Hits: 343
Safar Ali Miah & others Vs. Badsha @ Siddique & others, 1993, 22 CLC (HCD)
....ned is directed to proceed with the execution case. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 483. ......ilable to the decree‑holder. 2. Upon an application under section 115 of the Code of Civil Procedure a Rule was issued calling upon the Judgment‑debtor opposite‑parties to show cause why the order dated 8.5.85 passed by the learned Munsif, 2nd Court, Narayangonj rejecting the application fo..Category: Civil Law | Date: | Hits: 100
Hansa International and another Vs. Eastern Pharma Ltd., 1993, 22 CLC (HCD)
....sets of its own to the costs and expenses for its dissolution. The Official Liquidator, in such a situation, in my opinion, is left with no other alternative but to seek fund for dissolution from the Government. The Official liquidator as I understand and Mr. Ahmed Nurur Reza also informs me that th......th the direction that the Official Liquidator is to seek fund from the Government for the purpose of dissolution of Eastern Pharma Ltd. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 482...Category: Company Law | Date: | Hits: 205
Bangladesh Vs. Bangladesh Italian Marble Works Ltd. and others, 2011, 40 CLC (AD)
.... 6 to handover possession of Moon Cinema Hall within 3(three) months free from all encumbrances and/or to resolve the dispute amicably within the said period. Ed. This Case is also Reported in: ......In Civil Review Petition No.17 of 2011) Not represented- Respondent Nos. 1-3 and 6-8 (In Civil Review Petition No.18 of 2011) Civil Review Petition Nos. 17-18 of 2011. (From the Judgment and order dated 1ST February, 2010 passed by the Appellate Division in Civil Petition No. 1044 (heard an..Category: Constitutional Law | Date: | Hits: 222
Maulana Motiur Rahman Nizami Vs. State, 2010, 39 CLC (HCD)
.... of 2010 pending before the International Crimes Tribunal, Dhaka. 2. It has been stated in the petition that the petitioner is the Ameer of Jamaat-e-Islami, Bangladesh. He is an ex-Minister of the Government of the People's Republic of Bangladesh. However, on 26-7-2010, upon an application by the......t to the Tribunal to the effect the warrant of arrest issued against the petitioner could not be executed as he was detained in custody in connection with some other criminal cases. Accordingly by an order dated 29-7-2010, the Tribunal directed the police to produce him before the Tribunal on 2-8-20..Category: Criminal Law | Date: | Hits: 103
Hassan MS Azim and three others Vs. Bangladesh, 2010, 39 CLC (HCD)
....d others, PLD 1996 Supreme Court 324;Bangladesh, represented by the Secretary, Ministry of Justice and Parliamentary Affairs Vs. Md. Idrisur Rahman, Advocate, 29 BID (AD) 79; SN Goswami, Advocate Vs. Government of the People's Republic of Bangladesh, 55 DLR 332. Lawyers Involved: Hassan MS Az......points out from the decision in the Al-Jehad case that if the system of appointing the senior-most judge is not adhered to then those who are not so senior will strive to please the party in power in order to be appointed the Chief Justice in supersession of their senior colleagues. Echoing the di..Category: Constitutional Law | Date: | Hits: 228
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