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Mafruza Sultana Vs. State and another, 2015, 44 CLC (AD)

....mentary Standing Committee of Ministry of Planning and Ministry of Information. Accused Md. Hafiz Ibrahim and his wife, the present accused-petitioners on 19-12-2005 in their joint names had opened a bank account in Standard Chartered Bank's Battery Road Branch, Singa­pore being USD Account ...... 16-1-2008 in their joint bank account in Singapore from the joint account of Julfikar Ali, who was then a consultant of Siemins Bangladesh Ltd. and his wife Rahima Ali. It was also revealed from the documents that the afore­said US Dollar was transferred to the account of the accused as a bribe..

Category: Criminal Law | Date: 12 Apr, 2015 | Hits: 19

Muhammad Kamaruzzaman Vs. The Government of Bangladesh, 2015, 44 CLC (AD)

...., quite candidly submitted that he is aware of the limitations that a review petition faces. Resultantly, the instant review petition is dismissed. Ed. This Case is also Reported in: ......ng an appeal but are only adjudicating upon a review petition and are, thus not in a position, to reopen the matter all afresh. LMITATION ON REVIEW 20. Having heard the parties, perused the documents and considered the jurisprudential dictates that revolve round a review petition filed by ..

Category: Criminal Law, International Crimes Tribunal Law | Date: 5 Apr, 2015 | Hits: 60

Ananda Shipyard & Slipways Limited Vs. Commissioner Customs Bond Commissionerate, Dhaka, 2015, 44 CLC (HCD)

....shy;cate the matters in accordance with law. No cost. Communicate the judgment to respondent No. 1 at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 98   ......SM Maniruzzaman, the learned Deputy Attorney Generals appearing with Ms. Salma Rahman and Titus Hillol Rema, the learned Assistant Attorney Tenerals on behalf of respondent No.1, takes us through the documents filed by the petitioner, the affidavit-in-opposition and the relevant provisions of law an..

Category: Fiscal/Taxation Law | Date: 2 Apr, 2015 | Hits: 0

Asek Elahi Vs. Jalal Ahmedand others, 2012, 41 CLC (AD)

....nha, J and Md. Abdul Wahhab Miah, J I agree with the reasoning and findings given by my learned brother, Md. Abdul Wahhab Miah, J. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 5. ......on of repurchase and a mortgage by conditional sale, it is said in some decisions, it is often a matter of extreme difficulty to decide which of these two transactions a particular document or set of documents discloses. The distinction is purely one of intention whether it was intended that the rel..

Category: Property Law | Date: 14 Mar, 2015 | Hits: 45

Aminul Karim (Md.) Vs. Government of Bangladesh and others, 2015, 44 CLC (HCD)

..... The said company availed credit facili­ties of the respondent No. 3 Sonali Bank Limited, Agrabad Corporate Branch, Chittagong and failed to adjust its loan liability. The respondent No.3 Sonali bank on 8-10-2013 instituted Artha Rin Suit No. 308 of 2013 before the Artha Rin Adalat, First Court......r of stay granted earlier by this i  Court is hereby recalled and vacated. Communicate this order at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 354   ..

Category: Banking Law, Procedural Law | Date: 9 Mar, 2015 | Hits: 0

Hafizur Rahman Nafor Vs. Secretary, Ministry of Home Affairs and others, Secretary, Ministry of Home Affairs and others, 2015, 44 CLC (HCD)

....o. 8 cancelling the gun licence of the petitioner is declared to be without lawful authority and of no legal effect. Ed. This Case is also Reported in: 20 BLC (HCD) (2015) 279   ...... legal right, is entitled to a fair hearing and an opportunity to controvert any allegation levelled against him. An alien seek­ing a visa has no entitlement to one, but once he has the necessary documents, he does have the type of entitlement that should now be protect­ed by due process, an..

Category: Constitutional Law | Date: 2 Mar, 2015 | Hits: 23

Ramjan Ali Tarafder (Md.) Vs. Bangladesh and others, 2015, 44 CLC (HCD)

....for the purpose of section 12 of the Ain even when read with sub­section 4, is not at all mandatory rather it is direc­tory— Before institution of any suit against any borrower the bank shall have to arrange for an auction sale of the property mortgaged by any borrower. It is a pr......t the petitioner. In the result, the Rule is discharged without any order as to cost. Communicate this order at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 245. ..

Category: Banking Law | Date: 22 Feb, 2015 | Hits: 7

Mosharaf Hossain (Md.) Vs. Bangladesh and others, 2015, 44 CLC (HCD)

....zes the mandatory nature of the 1st auction in view of sub­sections (1), (2), 2(Ka), 2(Kha), 2(Ga) and (3). Thus, once the 1st  auction is done and it fails for any reason, the decree-holder bank will be at lib­erty to either proceed for the 2nd auction and then for conferment of right ...... The Adalat below is directed to proceed with the execution of the decree in accordance with law. Communicate this at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 199 ..

Category: Administrative Law, Others | Date: 17 Feb, 2015 | Hits: 4

Sohan Kumar Agarwala Vs. Assistant Registrar, Department of Patents Designs and Trade Marks and another, 2015, 44 CLC (AD)

....tions made hereinbe­fore. We make it very clear that the Registrar himself shall hear and dispose of the matter. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 213.   ......ther submitted that the Assistant Registrar rejected the opposition case of the petitioner herein on the clear finding that he opposed the application for registration by fil­ing forged and false documents and the High Court Division also accepted the said finding of the Assistant Registrar. The..

Category: Intellectual Property Law | Date: 9 Feb, 2015 | Hits: 20

Islami Bank Bangladesh Limited, Head Office-40, Dilkusha C/A, Dhaka-1000 Vs. The Commissioner of Taxes, Audit Wing, Large Taxpayer’s Unit, Dhaka, 2015, 44 CLC (HCD)

...., to avoid unnecessary repetition, the facts of the cases are summarized together as under:- The assessee-applicant—Islami Bank Bangladesh Limited (hereinafter stated as the assessee) is a banking company incorporated under the Companies Act, 1913. The assessee has been carrying on bankin...... Supreme Court of Bangladesh, is directed to take steps under section 161(2) of the Income Tax Ordinance, 1984. Md. Habibul Gani, J: I agree. Ed. This Case is also Reported in: ..

Category: Fiscal/Taxation Law | Date: 11 Jan, 2015 | Hits: 1

Islami Bank Bangladesh Limited Vs. Commissioner of Taxes, 2015, 44 CLC (HCD)

...., to avoid unnecessary repetition, the facts of the cases are summarized together as under:- The assessee-applicant—Islami Bank Bangladesh Limited (hereinafter stated as the assessee) is a banking company incorporated under the Companies Act, 1913. The assessee has been carrying on bankin......Court of Bangladesh, is directed to take steps under section 161(2) of the Income Tax Ordinance, 1984. Md. Habibul Gani J.- I agree. This Case is also Reported in:     ..

Category: Fiscal/Taxation Law | Date: 11 Jan, 2015 | Hits: 58

The Commissioner of Taxes, Taxes Zone-5, 28/F, Segunbagicha, Dhaka Vs. Ms. Rubana Huq, wife of Mr. Aanisul Huq, 2015, 44 CLC (HCD)

....p; the false and fabricated gift amounting to Tk. 1,05,39,45/- as the assessee failed to prove the genuinity and verifiability of the gifted amount either it was transacted between them through cash, bank or FDR. Muslim Law Gift An oral gift by the husband to the wife under the provis......he result, the Income Tax Reference Application is rejected. However, there shall be no order as to costs. Md. Emdadul Haque Azad, J: I agree. Ed. This Case is also Reported in: ..

Category: Fiscal/Taxation Law | Date: 7 Jan, 2015 | Hits: 1

Bangladesh Rural Advancement Committee (BRAC) Vs. Commissioner of Taxes, 2014, 43 CLC (HCD)

....y from donation from the benevolent foreign donors and also obtained money from different social business undertaking namely, Aarong, Brac Printers and Brac Dairy Farm, interest and dividend from the bank account. 5. The Assessee-applicant is a regular income tax payee, who submitted its income......uestion in negative and in favour of the Assessee-applicant. However, there shall be no order as to cost. Md. Emdadul Haque Azad, J: I agree. Ed. This Case is also Reported in: ..

Category: Fiscal/Taxation Law | Date: 24 Dec, 2014 | Hits: 0

International Leasing and Financial Services Limited, represented by its Managing Director, Mr. Mustafizur Rahman of 5 Rajuk Avenue, Dhaka-1000 Vs. The Commissioner of Taxes, Taxes Zone-LTU, Dhaka, 2014, 43 CLC (HCD)

.... deposits and fixed deposits, etc.- Any person responsible for to a resident any sum by way of interest on any saving deposits or fixed deposits or any term deposit maintained with any scheduled bank including a co-operative bank, or by way of share of profit on term deposits maintained with an......Salam Mamun contends that the Taxes Appellate Tribunal was required to consider the issue in accordance with the provision of section 53F of the Income Tax Ordinance 1984 and also on the basis of the documents known as Bangladesh Accounting Standard (BAS) Volume-1 and also the annual report of 2008 ..

Category: Fiscal/Taxation Law | Date: 15 Dec, 2014 | Hits: 1

Astech Limited, represented by its Managing Director Mr. Ali Ahmed, 175, Jubilee Road (1st floor), Chittagong, Bangladesh Vs. Commissioner of Taxes, 2014, 43 CLC (HCD)

....ed in negative and in favour of the Assessee-applicant. However, there shall be no order as to costs. Md. Emdadul Haque Azad J: I agree. Ed. This Case is also Reported in: ...... Income Tax Ordinance 1984 for the assessment year 2007-2008, showing an amount of income at Tk. 39,94,867.00 and along with the return submitted chartered accountant certified accounts and all other documents pursuant to the requirement of section 35(3) of the Income Tax Ordinance 1984. Thereafter,..

Category: Fiscal/Taxation Law | Date: 15 Dec, 2014 | Hits: 1

Singer Bangladesh Ltd Vs. National Board of Bangladesh, 2014, 43 CLC (HCD)

....copy of this judgment be sent to the office of the Comptroller and Auditor General for future reference and guidance. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 73   ...... Value Added Tax Act (XXII of 1991); Section 55(1) Set up of Local and Revenue Audit Directorate— Whether the local audit directorate can author­itatively look into the papers and documents of the NBR— Local and Revenue Audit Directorate is internally set up by and un..

Category: Constitutional Law, Fiscal/Taxation Law | Date: 15 Dec, 2014 | Hits: 5

One Bank Limited, represented by its Managing Director: Mr. M. Fakhrul Alam, HRC. Bhaban, 46, Kawran Bazar, Dhaka, Bangladesh Vs. Commissioner of Taxes, 2014, 43 CLC (HCD)

....9. Accordingly the application praying for review is allowed. However, there shall be no order as to cost. Md. Emdadul Haque Azad, J: I agree. Ed. This Case is also Reported in: ......9. Accordingly the application praying for review is allowed. However, there shall be no order as to cost. Md. Emdadul Haque Azad, J: I agree. Ed. This Case is also Reported in: ..

Category: Fiscal/Taxation Law | Date: 14 Dec, 2014 | Hits: 0

A Hakim Gazi and others Vs. Md. Nasiruddin, Assistant Vice President/Manager and others, 2014, 43 CLC (HCD)

.... with Mortgaged Property— Bank must have the legal power to sell the mortgaged property which is the condition precedent to take subsequent actions. ...... (30)   Absence of bank's legal power to sell the mortgaged property all the actions relating to sale of the same s......ser) adopts the submissions of the learned Advocate for the defendant-respondent No.1. 19. During the course of hearing, the appel­lants and both the respondents filed series of var­ious documents in support of their respective cases by filing several sets of affidavit. 20. We have..

Category: Constitutional Law, Contract Law | Date: 11 Dec, 2014 | Hits: 8

Ferdous Ara Zainul Vs. Mahmuda Khatun and others, 2014, 43 CLC (HCD)

....the date of receipt of this order, without allowing any application for adjournment if filed by any of the parties to the suit. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 149. ......the date of receipt of this order, without allowing any application for adjournment if filed by any of the parties to the suit. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 149. ..

Category: Civil Law, Procedural Law | Date: 11 Dec, 2014 | Hits: 19

Sonali Bank Limited Vs. UT Garments Limited and others, 2014, 43 CLC (HCD)

....n the application of the financial institution or suo motu by court then a step has been taken outside law. If neither of the parties as aforesaid satisfy the decree, then finan­cial institutions/banks can go for realising money from the share holders of the principal debtors in civil court by f...... In the result, the rule is discharged with­out any order as to costs. Communicate this order at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 265.   ..

Category: Banking Law | Date: 4 Dec, 2014 | Hits: 4