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Ayub Hossain Khan (Md.) Vs. Bangladesh and others, 2014, 43 CLC (AD)

....the learned Advocate and his client resorted to clear fraud upon the Court for which they deserve to be reprimanded. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 215.   ......the learned Advocate and his client resorted to clear fraud upon the Court for which they deserve to be reprimanded. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 215.   ......urt in MP Sugar Mills Ltd. Vs. UP, AIR 1979 SC 621; Jit Ram Vs. Hariyana AIR 1980 SC 1285; Godfrey Philips, AIR 1986 SC 806; India in Kasinka Trading Vs. Union of India 1995 (1) SCC 274; Collector of Customs Vs. Abdul Hannan 42 DLR (AD) 167; Secretary, Industries Vs. Saleh Ahmed, 1981 BLD (AD) 91); ..

Category: Civil Law, Property Law | Date: 4 May, 2014 | Hits: 20

Ekramul Haque Balbul Vs. Md. Faiz and others, 2014, 43 CLC (AD)

....ersity. He appeared in the LLB preliminary and final examinations held in January and February, 1990 and the results were duly pub­lished by Gazette notification issued under the signature of the Controller of Examinations, Chittagong University. He was enrolled as an Advocate in 1991 and obtain......mpugned judgement and order is set aside. Saber Hossain Chowdhury is exonerated from the charge leveled against him. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 208.   ......mpugned judgement and order is set aside. Saber Hossain Chowdhury is exonerated from the charge leveled against him. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 208.   ..

Category: Constitutional Law, Contempt of Court Law | Date: 11 Mar, 2014 | Hits: 16

Amirul Islam (Md.) Vs. Commissioner of Customs Chittagong and others, 2014, 43 CLC (HCD)

.... order positively. In the result, the rule is disposed of with direction as made above. Communicate this order at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 94 ......y Assessment (Determination of Value of Import Goods) Rules, 2000 Rules 4, 5 & 7 It is the usual practice that provisional assessment should he fol­lowed by final assessment as per Valuation Rules. The Customs Authority finally assesses the goods and to duly in accordance wit...... Present: Md. Ashfaqul Islam J Md. Ashraful Kamal J Amirul Islam (Md.)……………………….Petitioner Vs. Commissioner of Customs Chittagong and others.......Respondents Judgment March 5, 2014. Result: ..

Category: Fiscal/Taxation Law | Date: 5 Mar, 2014 | Hits: 8

Selim Hossain (Md.) Vs. Shahabuddin Ahmed and others, 2014, 43 CLC (AD)

....t-petitioner without creating any hindrance or obsta­cle and the executing Court shall pass necessary order in that respect. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 115. ......t-petitioner without creating any hindrance or obsta­cle and the executing Court shall pass necessary order in that respect. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 115. ......t-petitioner without creating any hindrance or obsta­cle and the executing Court shall pass necessary order in that respect. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 115. ..

Category: Civil Law | Date: 3 Feb, 2014 | Hits: 6

Shafique Ahmed Vs. Md. Abdul Latif Bhuiyan, 2014, 43 CLC (HCD)

.... judgment and in accordance with law. Let the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 248. ...... judgment and in accordance with law. Let the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 248. ...... judgment and in accordance with law. Let the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 248. ..

Category: Civil Law, Others | Date: 30 Jan, 2014 | Hits: 4

Abdul Quader Mollah Vs. Chief Prosecutor, International Crimes, Tribunal, Dhaka, 2013, 42 CLC (AD)

....nce Vs. Md. Masdar Hossain, 21 BLD (AD) 126 = 7 BLC (AD) 92; Ershad Ali Shikder Vs. State, 56 DLR (AD) 87; Ekushey Television Ltd. Vs. Dr. Chowdhury Mahmood Hasan, 55 DLR (AD) 26; Mohd. Amin Khan Vs. Controller of Estate Duty, PLD 1962 (SC) 335; Zulfiqur Ali Bhutto Vs. State, PLD 1979 SC 741; Mohd. ...... For the reason stated above, we find no merit in these review petitions. The petitions are accord­ingly dismissed on merit. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 289. ...... For the reason stated above, we find no merit in these review petitions. The petitions are accord­ingly dismissed on merit. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 289. ..

Category: International Crimes Tribunal Law | Date: 12 Dec, 2013 | Hits: 15

AA Engineering Limited Vs. University of Khulna, 2013, 42 CLC (AD)

....thout deducting therefrom any amount on account of VAT. Khulna University is under the obligation to pay VAT in the instant case. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 19. ......thout deducting therefrom any amount on account of VAT. Khulna University is under the obligation to pay VAT in the instant case. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 19. ......dvocates for the respondents also rely on the provision of clause 1.10 of the General Rules and clause 2.45 of the General Conditions of Contract which are quoted below: "1.10 All Taxes, Customs, Excise Duties: The rates quoted by the Tenderers in the Schedule of Items of works wil..

Category: Fiscal/Taxation Law | Date: 3 Oct, 2013 | Hits: 28

Commissioner of Customs, Excise and VAT Commissioner of Customs, Excise and VAT Vs. Appollo Steel Mills Ltd and others, 2013, 42 CLC (AD)

....no reason and logic, he could just sit over the matter. With the above observations, this petition is dismissed. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 143   ......no reason and logic, he could just sit over the matter. With the above observations, this petition is dismissed. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 143   ......reme Court Appellate Division (Civil) Present: Md. Muzammel Hossain CJ Md. Abdul Wahhab Miah J Syed Mahmud Hossain J AHM Shamsuddin Chowdhury J Commissioner of Customs, Excise and VAT………………Petitioner Vs. Appo..

Category: Fiscal/Taxation Law | Date: 24 Sep, 2013 | Hits: 9

Syed Raihan Hasan Ali Chowdhury Vs. Syed Hamde Ali Chow¬dhury and others, 2013, 42 CLC (HCD)

....Civil Rule No.905(f) of 2011 is disposed of. Send down the lower Court records at once. Communicate this order at once. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 5. ......Civil Rule No.905(f) of 2011 is disposed of. Send down the lower Court records at once. Communicate this order at once. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 5. ......Civil Rule No.905(f) of 2011 is disposed of. Send down the lower Court records at once. Communicate this order at once. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 5. ..

Category: Trust/Waqf Law | Date: 29 Jul, 2013 | Hits: 5

Md. Lokman Hakim and Others Vs. National Board of Revenue and others, 2013, 42 CLC (HCD)

....o the writ petitioners. In the result, these rules are made absolute.   However, there shall be no order as to cost. Mohammad Ullah J. - I agree. This Case is also Reported in: ......o the writ petitioners. In the result, these rules are made absolute.   However, there shall be no order as to cost. Mohammad Ullah J. - I agree. This Case is also Reported in: ......¦â€¦â€¦.............Petitioner Vs. 1. National Board of Revenue, Rajashasha Bhaban, 1,Segunbagicha, Police Station- Ramna, District-Dhaka, represented by its Chairman. 2. The Commissioner of Customs, Customs House, Chittagong, P.S. Bander, Chittagong. 3. The Commissioner of Tax, Taxes Zo..

Category: Fiscal/Taxation Law | Date: 25 Jul, 2013 | Hits: 121

Sheikh Shahadat Hossain (Md.) Vs. National Board of Revenue, and others, 2013, 42 CLC (HCD)

....vision in view of sub-section (3) of Section 196G of the said Act. Send down the record of the lower authority. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 522   ......e CRF value in vio­lation of the mandatory provisions of law. He fur­ther submits that if the value certified by the PSI agent is not acceptable to the Customs Authority, the provisions under Valuation Rules, 2000 will apply, which prescribes several stages for deter­mination of the valu......hellip;………………Appellant Vs. National Board of Revenue and others................Respondents Judgment April 25, 2013. Result: The Customs Appeal is allowed. Cases Referred to- Mohammed Zulfiqar Vs. Abul Kalam, 42 DLR (AD..

Category: Fiscal/Taxation Law | Date: 25 Apr, 2013 | Hits: 2

Bureau Veritas (BIVAC) Bangladesh Ltd. Vs. Customs Excise and Vat Appellate Tribunal, Dhaka and others, 2013, 42 CLC (HCD)

....the Commissioner of Customs, Chittagong is set aside. Communicate the judgment and send down the records. Mohammad Bazlur Rahman J. - I agree. Ed. This Case is also Reported in: ......the Commissioner of Customs, Chittagong is set aside. Communicate the judgment and send down the records. Mohammad Bazlur Rahman J. - I agree. Ed. This Case is also Reported in: ......pecial Original Jurisdiction) Present:  Mohammad Bazlur Rahman J Md. Ruhul Quddus J  Bureau Veritas (BIVAC) Bangladesh Ltd………………...........Appellant Vs. Customs Excise and Vat Appellate Tribunal, Dhaka and others…………...Respondents Judgment ..

Category: Fiscal/Taxation Law | Date: 24 Apr, 2013 | Hits: 186

Amir Hossain Sowdagar Vs. Md. Harunur Rashid and others, 2013, 42 CLC (AD)

....s agreed that the balance of Rs.13750 would be paid within two months from the date of agreement on the vendor's, obtaining cer­tificate from Income-Tax-Authorities, certificate from the Rent Controller for making out clear title. It was stipulated in second agreement that the vendee would p......ismissed. The appeal is dismissed with the above mod­ification of the judgment, without however, any order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 130. ......ismissed. The appeal is dismissed with the above mod­ification of the judgment, without however, any order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 130. ..

Category: Contract Law | Date: 20 Feb, 2013 | Hits: 42

Mohammad Elias Vs. Commissioner of Customs, Chittagong and others, 2013, 42 CLC (HCD)

....final assessment within a period of four months from receipt of this order. Communicate the judgment to respondents No.1-4. Shamim Hasnain J. - I agree. Ed. This Case is also Reported in: ......in 90 (ninety) days prior to submitting the present bills of entry, fixation of transaction value following assessments of identical goods as provided in rule 5 read with rule 2 (GaGa) of the Customs Valuation Rules, 2000 was not in accordance with the law. 5. Mrs. Ishrat Jahan, learned Assistant...... (Special Original Jurisdiction) Present: Shamim Hasnain J Md. Ruhul Quddus J Mohammad Elias ..................................................Petitioner Vs. The Commissioner of Customs, Chittagong and others .............Respondents Judgment January 28, 2013. Result: ..

Category: Fiscal/Taxation Law | Date: 28 Jan, 2013 | Hits: 59

TLRA Holding Ltd Vs. Customs, Excise and VAT Appellate Tribunal & others, 2012, 41 CLC (HCD)

....Court is hereby recalled and vacat­ed. Communicate at once.         Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 94.   ......Court is hereby recalled and vacat­ed. Communicate at once.         Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 94.   ......nal Jurisdiction) Present: Md. Ashfaqul Islam J Md. Badruzzaman J TLRA Holding Ltd………………………Petitioner Vs. Customs, Excise and VAT Appellate Tribunal & others.............Respondents Judgment D..

Category: Fiscal/Taxation Law | Date: 10 Dec, 2012 | Hits: 6

AKM Muhituddin and others Vs. National Board of Revenue and others, 2012, 41 CLC (HCD)

.... Review Committee, subject to relevant provisions of law. This order should be strictly followed. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 196 ...... Review Committee, subject to relevant provisions of law. This order should be strictly followed. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 196 ......t. 3. Facts are also similar in both the peti­tions and absolutely in terms of Rule as issued. 4. At the time of issuing Rule this Division directed the respondent No.2, Commissioner of Customs, Customs House, Chittagong for assess­ing and release the goods covered under different ..

Category: Fiscal/Taxation Law | Date: 28 Nov, 2012 | Hits: 2

Government of Bangladesh and oth¬ers Vs. Dr. Md. Nazrul Islam Bhuiyan and others, 2012, 41 CLC (AD)

....sed by a Division Bench of the High Court Division in Writ Petition No.29.19 of 2006 is hereby affirmed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 255.     ......sed by a Division Bench of the High Court Division in Writ Petition No.29.19 of 2006 is hereby affirmed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 255.     ......ppellants Vs. Dr. Md. Nazrul Islam Bhuiyan and others...............Respondents Judgment November 28, 2012. Result: The appeal is dismissed. Cases Referred to- Customs Custom House, Chittagong Vs. A. Hannan, 42 DLR (AD) 167; Gujarat State Financial Corporation..

Category: Civil Law | Date: 28 Nov, 2012 | Hits: 4

Amirul Islam (Md.) Vs. Commissioner of Customs and others, 2012, 41 CLC (HCD)

....e Rule is declared to have been passed without lawful authority and is of no legal effect. Communicate at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 77.   ......y Commissioner of Customs, Chittagong by the impugned Note No.9 in Nothi No.1237/AP/ Section-04/2011-12 (Annexure-"A") most illegally, arbitrarily, fictitiously, violating the provisions of Valuation Rules 2000, ignoring the CRF certificate and proposed valuation of mixed fabrics, ready-ma...... (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J Md. Badruzzaman J Amirul Islam (Md.).....................................Petitioner Vs. Commissioner of Customs and others............Respondents Judgment November 19, 2012. Result: Th..

Category: Fiscal/Taxation Law | Date: 19 Nov, 2012 | Hits: 6

Ibrahim (Md.) Vs. Government of the Peoples Republic of Bangladesh & others, 2012, 41 CLC (HCD)

....findings, we do not find any excellence in this Rule. In the result, the Rule is discharged. There is no order as to cost. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 415. ......findings, we do not find any excellence in this Rule. In the result, the Rule is discharged. There is no order as to cost. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 415. ......Bank. Accordingly, the Bank delivered the duly endorsed shipping documents to the petitioner. Thereafter, petitioner submitted House Bill of Lading along with all others relevant documents before the Customs Authority for assessment, and on the basis of those documents Customs Authority assessed the..

Category: Admiralty Law or Maritime Law | Date: 16 Oct, 2012 | Hits: 9

Orascom Telecom Bangladesh Ltd Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....e guidelines 2011 whatsoever. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 148.     ......e guidelines 2011 whatsoever. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 148.     ......rmore, Mr. Mahmud submits that the granting of a license is not a service render the BTRC within the meaning of the Act. Mr. Mahmud in the course of his submission cited a case Hutchison-3G-UK Ltd Vs.Customs and Excise Commissioner (HC-369/04) Simons Tax Cases (2008) before the Court Justice of the ..

Category: Fiscal/Taxation Law, Information Technology Law | Date: 14 Aug, 2012 | Hits: 19