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A Kader Zilani (Md.) Vs. State and another, 2014, 43 CLC (HCD)
....ment and order along with the lower Court's record be sent to the concerned Court for information and necessary action. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 130 ......ord be sent to the concerned Court for information and necessary action. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 130 ......oms, Benapole, the photocopy of the said petition, marked exhibit 6. He further stated that on 18-10-2005 the authority had issued a new gate pass being No.30428 to deliver the gods. He proved his signature on the said gate pass, marked exhibits 2/3 and ultimately he received 17,590 kgs goods and A...Category: Anti-Corruption Laws | Date: 3 Dec, 2014 | Hits: 11
Government of Bangladesh and others Vs. Md. Mojibul Haque & others, 2014, 43 CLC (AD)
....in the light of the observations, the findings and the decisions given in the civil appeals. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 177. ......ls. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 177. ......vision Benches and they, by separate judgments and orders, made the respective Rule Nisi absolute in part. 10. In Writ Petition No.7120 of 2010, the respective impugned order issued under the signature of writ-respondent No.3, the Assistant Inspector General (Establishment), Bangladesh Police, ..Category: Constitutional Law, Employment/Service Law | Date: 25 Nov, 2014 | Hits: 20
....se three Income Tax Reference Applications are allowed.
However, there shall be no order as to cost.
Md. Emdadul Haque Azad, J: I agree.
Ed.
This Case is also Reported in:
......
However, there shall be no order as to cost.
Md. Emdadul Haque Azad, J: I agree.
Ed.
This Case is also Reported in:
......out amount for the purpose of gratuity has to be treated as an expenditure under the provision of section 29(xxvii) of the Income Tax Ordinance 1984 as an allowable expenditure, not being in the nature of capital or personal expenditure which had to be laid out wholly and exclusively for the pu..
Category: Fiscal/Taxation Law | Date: 10 Nov, 2014 | Hits: 3
State Vs. Secretary, Ministry of Public Administration and others, 2014, 43 CLC (AD)
....torney-General in that respect as well, as noted down hereinbefore, are expunged. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 271 ......wn hereinbefore, are expunged. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 271 ......tion shall— (a) forward to a Magistrate empowered to take cognizance of the offence on a police-report in the form prescribed by the Government, setting forth the names of the parties, the nature of the information and the names of the persons who appear to be acquainted with the cir..Category: Criminal Law, Procedural Law | Date: 10 Nov, 2014 | Hits: 4
....red in negative and in favour of the Assessee-applicant.
37. However, there shall be no order as to cost.
Md. Emdadul Haque Azad, J: I agree.
Ed.
This Case is also Reported in:
......
37. However, there shall be no order as to cost.
Md. Emdadul Haque Azad, J: I agree.
Ed.
This Case is also Reported in:
...... Tax Ordinance 1984 by the DCT concern followed by the proceeding under section 120 of the Income Tax Ordinance 1984 initiated by the Inspecting Additional Commissioner of Taxes (IACT), was of such a nature that the remand order passed by the Taxes Appellate Tribunal will bring no fruitful result or..
Category: Fiscal/Taxation Law | Date: 28 Oct, 2014 | Hits: 1
Fidelity Assets and Securities Co. Ltd. Vs. Commissioner of Taxes, 2014, 43 CLC (HCD)
....nswered 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: ....... However, there shall be no order as to cost. Md. Emdadul Haque Azad, J: I agree. Ed. This Case is also Reported in: ......-applicant company has kept the provision for its bad debt which is a allowable expenditure under the provision of section 29(XXVII) of the Income Tax Ordinance 1984 as a expenditure not being in the nature of capital expenditure or personal expenses of the Assessee-applicant, laid out or expended w..Category: Fiscal/Taxation Law | Date: 16 Sep, 2014 | Hits: 0
Hosaf International Limited Vs. Commissioner of Taxes, 2014, 43 CLC (HCD)
....d 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: ...... However, there shall be no order as to cost. Md. Emdadul Haque Azad, J: I agree. Ed. This Case is also Reported in: ......ut the DCT concern failed to treat the same in accordance with law. 19. The question No. 2 involved in this Income Tax Reference Application indicates that the DCT concern failed to consider the nature of the business of the Assessee-applicant and did not assessed the income under section 82C o..Category: Fiscal/Taxation Law | Date: 10 Sep, 2014 | Hits: 0
....Division, we do not find any substance in this civil petition for leave to appeal. Accordingly, this petition is dismissed.
Ed.
This Case is also Reported in: 66 DLR (AD) (2014) 279.
......ismissed.
Ed.
This Case is also Reported in: 66 DLR (AD) (2014) 279.
......n application to the Secretary, Ministry of Education for granting him extraordinary leave for the said period without pay and for posting him to any Degree College situated within Dhaka. The similar nature of prayer was allowed in the case of one Mr. Ahmadul Bari, a Lecturer in Bengali Department, ..
Category: Administrative Law | Date: 7 Sep, 2014 | Hits: 20
Peoples Insurance Company Limited Vs. Commissioner of Taxes, 2014, 43 CLC (HCD)
....nswered 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: ....... However, there shall be no order as to cost. Md. Emdadul Haque Azad, J: I agree. Ed. This Case is also Reported in: ......ct to arrive at such a readjustment. The expense of management incurred in excess of the limit prescribed under section 40C of the Insurance Act and rule 40 of the Insurance Rules are not in the nature of penalty, fine or forfeiture for the purposes of their admissibility for deduction as busin..Category: Fiscal/Taxation Law | Date: 24 Jul, 2014 | Hits: 0
Haji Mohammad Ali vs. Commissioner of Taxes, 2014, 43 CLC (HCD)
....e answered in negative and in favour of the Assessee-applicant. However, there shall be no order as costs. Md. Emdadul Haque Azad J: I agree. Ed. This Case is also Reported in: ......ant. However, there shall be no order as costs. Md. Emdadul Haque Azad J: I agree. Ed. This Case is also Reported in: ......orders issued thereunder, the Deputy Commissioner of Taxes shall receive such return himself or cause to be received by any other official authorized by him and issue a receipt of such return with signature and official seal affixed thereon and the said receipt shall be deemed to be an order of asse..Category: Fiscal/Taxation Law | Date: 24 Jul, 2014 | Hits: 0
Tapan Kumar Mondal Vs. Bangladesh and others, 2014, 43 CLC (HCD)
....ent and order. The office is directed to communicate the judgment and order to the relevant persons immediately. J.B.M.Hassan J. - I agree. This Case is also Reported in: ......the judgment and order to the relevant persons immediately. J.B.M.Hassan J. - I agree. This Case is also Reported in: ......4 Result: The Rule is disposed of. Whether the petitioner was eligible to be appointed as the Headmaster in any special quota or not It is difficult to take any decision as to the nature of handicraft of the petitioner who has been suffering from but as per the Annexures –&..Category: Employment/Service Law | Date: 23 Jul, 2014 | Hits: 36
State Vs. Md. Sajjad Ali, 2014, 43 CLC (HCD)
....nection with any other case. Send down the lower Court records with a copy of this judgment to the concerned Court at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 161 ......er Court records with a copy of this judgment to the concerned Court at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 161 ......d that the confession is not consistent with the prosecution case and that the confessional statement of the condemned prisoner is not voluntary and true; 3. there is divergence between the nature of injuries mentioned in the inquest report and the post mortem report; 4. in the inques..Category: Criminal Law | Date: 16 Jun, 2014 | Hits: 15
Mohoshin Miah (Md.) Vs. State and another, 2014, 43 CLC (HCD)
....d order along with the lower Court's record be sent to the concerned Court for information and necessary action. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 114 ......sent to the concerned Court for information and necessary action. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 114 ......an allegation of corruption, the commission or any other person on his behalf may ask the person to explain his position. Inquiry is generally taken place before the filing of the case. The very nature of the case did not permit and justify to notify the accused in black and white to expla..Category: Anti-Corruption Laws, Criminal Law | Date: 10 Jun, 2014 | Hits: 8
Shahin Reza (Md.) Vs. Nasiruddin Howlader and others, 2014, 43 CLC (AD)
.... and findings given by Nazmun Ara Sultana, J. Order of Court This appeal is dismissed by majority decision. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 243 ...... Ed. This Case is also Reported in: 67 DLR (AD) (2015) 243 ......ing of the suit. Taking advantage of wrong records in respect of the suit land in the name of Shashi Kumar Singh, the predecessors of defendant Nos. 1-10, 11-13, 14-19, 20-26 and 27-36 forging the signatures of Shashi Kumar's sons, Kanai and Hiralal Singh brought Title Suit No. 173 of 1964 on fa..Category: Limitation Law, Property Law | Date: 5 Jun, 2014 | Hits: 11
Shafiqul Islam Vs. Bangladesh Bank and others, 2014, 43 CLC (HCD)
....stay granted earlier by this Court at the time of issuance of the said rules, thus, stand recalled and vacated Communicate this. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 270 ......of the said rules, thus, stand recalled and vacated Communicate this. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 270 ......g before amendment in 2013, in particular at the time when the said company defaulted in repayment. 16. The question of retrospectivity of a particular amendment or enactment depends on the nature of the said amendment and/or enactment. Sometimes Legislature enacts a law by substituti..Category: Banking Law, Company Law | Date: 1 Jun, 2014 | Hits: 11
....hrough arbitration expeditiously.
The order of injunction granted earlier by the trial Court is hereby vacated.
Ed.
This Case is also Reported in: 15 BLC (HCD) (2010) 330
...... vacated.
Ed.
This Case is also Reported in: 15 BLC (HCD) (2010) 330
......ot;the Court shall grant a stay unless satisfied that the arbitration agreement is null and void, inoperative, or incapable of being performed".
It should first be remembered that the nature of the remedy is a stay and not a compulsory reference to arbitration. This distinc..
Category: Arbitration Law, Civil Law, Procedural Law | Date: 28 May, 2014 | Hits: 7
....trative Appellate Tribunal, but for other grounds discussed above. Accordingly, the petition is dismissed.
Ed.
This Case is also Reported in: 67 DLR (AD) (2015) 127.
......tition is dismissed.
Ed.
This Case is also Reported in: 67 DLR (AD) (2015) 127.
......ral, who appeared for the respondents, could not also point out any provision from the Code (both the volumes) which provides for an appeal or revision against the audit objection of the instant nature. Admittedly, no departmental proceeding was initiated against the petitioner for taking ..
Category: Administrative Law | Date: 25 May, 2014 | Hits: 9
Aynul Haque (Md.) Vs. Government of Bangladesh, Dhaka, 2014, 43 CLC (HCD)
.... for this court to interefere with the impugned decision and order. Thus, the petition is dismissed. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 381 ......is dismissed. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 381 ......ons, are distinct from the members of other services. Their honesty and integrity is expected to be beyond doubt. It should be reflected in their overall reputations. There is no manner of doubt that nature of judicial service is such that it cannot afford to suffer continuance in service of persons..Category: Administrative Law | Date: 19 May, 2014 | Hits: 3
Beautiful Bibi Vs. Md. Sydur Rahman, 2014, 43 CLC (HCD)
..... The photocopies of the said deposition and the Exhibits X, X (1) and X (2) attested by the Bench officer shall be retained. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 1 ...... Md. Sydur Rahman………………………….................Opposite Party Judgment May 19, 2014. Result: The Rule issued in CR No. 4049 of 2012 is discharged. The Rule issued in CR 4153 of 2012 is made absolute. ...... the probable result of a DNA test exposing a child to a socially deplorable condition as a bastard child……..... (61 - 62) Additional Evidence Considering the exceptional nature of the dispute, and the principle laid down by the Appellate Division the application fo..Category: Women and Children | Date: 19 May, 2014 | Hits: 29
State and another Vs. Abdul Kader @ Mobile Kader and others, 2014, 43 CLC (AD)
.... under sections 302/120B of the Penal Code and he be released from Jail at once, if not wanted, in connection with any other case. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 6. ......be released from Jail at once, if not wanted, in connection with any other case. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 6. ......onspirators to prove the charge of conspiracy under section 10 of the Evidence Act. 6. The High Court Division held that the confession of co-accused Bazlur Rahman @ Bazlu is inculpatory in nature in which he has inculpated himself in the conspiracy which was chalked out prior to the killi..Category: Criminal Law | Date: 14 May, 2014 | Hits: 16
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