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Bank Al-Falah Limited Vs. The Commissioner of Taxes, 2014, 43 CLC (HCD)

....sment year 2008-2009 of the Assessee-applicant company bank. However, there shall be no order as to cost. Md. Emdadul Haque Azad, J: I agree. Ed. This Case is also Reported in: ......efali, AAG—For I.T. Department. I.T. Reference Application No. 261 of 2013. Judgment AFM Abdur Rahman, J.— The Assessee-applicant, Bank Al-Falah Limited, originated in Pakistan and having a Branch in Bangladesh, filed the instant Income Tax Reference Application, unde......sment year 2008-2009 of the Assessee-applicant company bank. 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: 8 Sep, 2014 | Hits: 0

Yunus (Md.) Vs. State & another, 2014, 43 CLC (HCD)

.... Let the lower Court's record along with a copy of this judgment be sent down to the con­cerned Court below at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 97 ...... Let the lower Court's record along with a copy of this judgment be sent down to the con­cerned Court below at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 97 ...... Let the lower Court's record along with a copy of this judgment be sent down to the con­cerned Court below at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 97 ..

Category: Criminal Law, Procedural Law | Date: 13 Aug, 2014 | Hits: 8

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: ......id question is also dealt with in the case of Commissioner of Income Tax, Central, Karachi Vs. Alpha Insurance Co. Limited, Karachi, reported in 1981 44 Tax 1 (S.C. Pak) wherein their lordship in the Pakistan Supreme Court on the similar point has held as under; The rules contained in the First......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: ..

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

Haji Mohammad Ali vs. Commissioner of Taxes, 2014, 43 CLC (HCD)

....f a firm or association of persons is ordered to be made, the Appellate Tribunal may direct the Deputy Commissioner of Taxes to amend accordingly any assessment made on any partner of the firm or any member of the association. 4. The Appellate Tribunal shall communicate its order on the appeal ......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: ......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: ..

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

State Vs. Md. Sajjad Ali, 2014, 43 CLC (HCD)

....rted in 54 DLR 148; 4. Shama Tudu Vs. State, reported in 7957 Crl. Law J, 618; 5. State Vs. Khasru alias Syed Mostqfa Hossain, reported in 43 DLR (AD) 182; 6. Ismail Sarker alias Sudam member, reported in 33 DLR 320. 7. Shamsuddin Sarker Vs. The State, report­ed in 11 DLR (SC......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 ......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 ..

Category: Criminal Law | Date: 16 Jun, 2014 | Hits: 15

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 ......or amendment [see Mahmudul Islam, Interpretation of Statutes and Documents, Mullick Brothers (2009), page. 288-289]. In our jurisdiction, namely in MA Ghani Vs. Nasir Ahmed, 21 DLR 451, the then East Pakistan High Court, relying on a Pakistan Supreme Court's decision reported in 16 DLR (SC) 380,......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 ..

Category: Banking Law, Company Law | Date: 1 Jun, 2014 | Hits: 11

ECOM Agroindustrial Corporation Ltd. & another Vs. Mosharaf Composite Textile Mills Ltd, 2014, 43 CLC (HCD)

....the for­mation of Tribunal, by law 302 Commencement of Arbitration, by law 303(a) for Appointment of Arbitrators, and by law 303(b) for Revoking the authority of an arbitrator or appeal committee member. By Law 304 for Associations, fees and deposits on account of arbitration fees. By Law 306 Co......ghia ThalassiniVs.Abu Bakr Siddique, 32 DLR (AD) 106; Abdu Bakr Siddique Vs. MV Aghia Thalassini, 30 DLR 94; Halcyon Steamship Co., Inc. USA, represented by Hegee and Co. (Pak) Ltd. Vs. Province East Pakistan, now Government of Bangladesh, represented by Collector of Chittagong, 26 DLR (SC) 7; Bangl......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   ..

Category: Arbitration Law, Civil Law, Procedural Law | Date: 28 May, 2014 | Hits: 7

Elahi Box Sardar (Md.) Vs. Government of Bangladesh repre¬sented by Ministry of Communication and others, 2014, 43 CLC (AD)

....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.   ......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.   ......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.   ..

Category: Administrative Law | Date: 25 May, 2014 | Hits: 9

State and another Vs. Abdul Kader @ Mobile Kader and others, 2014, 43 CLC (AD)

....atement or confession made by an accused after his arrest to a Magistrate or to any police officer or to any other person disclosing the existence of a conspir­acy, its object and the name of its members is not admissible against the other members, jointly tried with him. Things done, said or wr......ee of the Privy Council as back as in 1940 in the case of Mirza Akbar Vs. King of Emperor, AIR 1940 PC 176. The state­ment of law argued by the Privy Council was approved by the Supreme Courts of Pakistan and India in series of cases and this Division has also approved the same. This opinion has...... 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. ..

Category: Criminal Law | Date: 14 May, 2014 | Hits: 16

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.   ......it Petition No.6766 of 2011. 22. The High Court Division projected with vivid details the evolution of the vested property legislations which commenced its maiden voyage with the passage of East Pakistan Enemy Property (Land and Buildings) Administration and Disposal Order 1966 and then reprodu......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.   ..

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

Chittagong Steel Mills Ltd and another Vs. MEC, Dhaka & others, 2014, 43 CLC (AD)

....e do not find any substance in this appeal. Accordingly, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 66 DLR (AD) (2014)246.   ......ard interest on award which was required to be passed by the trial Court was moot­ed and decided. In that case, taking into stock the principles enunciated in a good number of author­ities of Pakistan and Indian jurisdiction and also taking into stock the provisions of section 29 of the Arbi......-3-1994 for sale of CI Sheet, Billet and other goods of the Mill for a period up to June, 1995 and the respondent negotiated the sale transaction of the goods of the Mill with the defence department (Army) as a result of which the Mill received Taka 14.50 crores as advance payment and the respondent..

Category: Civil Law | Date: 23 Apr, 2014 | Hits: 10

Rahima Begum Vs. Government of Banglades Represented by the Secretary, Ministry of Local Government and others, 2014, 43 CLC(HCD)

....0 to letter dated 9-12-2010 sent by respondent No.4, the Headmaster of Amada Maddhomik Biddalaya denied issuance of certificate in favour of the peti­tioner. Respondent No. 4 also formed 3(three) members inquiry committee on 31-1-2012 to inquire regarding the testimonial of the petitioner issued......from April 2011, within 2(two) weeks from the date of receipt of this judgment. Communicate copies of the judgment at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 46. ......from April 2011, within 2(two) weeks from the date of receipt of this judgment. Communicate copies of the judgment at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 46. ..

Category: Constitutional Law, Employment/Service Law | Date: 13 Mar, 2014 | Hits: 6

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

....ns supporting the judgment of the High Court Division. In addition he submitted that this Court must consider the impact of the impugned reports on society and the administra­tion of justice when members of public read such report and see that a Judge of the Supreme Court was reported to have be......ent March 11, 2014 Result: The Appeal is allowed. Case Referred to- Md. Riaz Uddin Khan Vs. Mahmudur Rahman, 63 DLR (AD) 29, Sir Edward Snelson Vs. Judges, High Court of West Pakistan, Lahore 16 DLR (AD) 535; Shri Baradakanta Mishra Vs. Registrar of Orissa High Court, AIR SC......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

SM Deen Islam Vs. Government of Bangladesh and others, 2014, 43 CLC (HCD)

....িষদ, তেরখাদা, খুলনা, who had been discharging his duties and functions without any objection from any quarter whatsoever. It has been contended that 6(six) other elected members of Chagladha Union Parishad under Terokhadha Upazila made an alle­gation to the responde......issue a fresh order in strict compliance of law, if so desires. There will be no order as to costs. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 34.     ......issue a fresh order in strict compliance of law, if so desires. There will be no order as to costs. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 34.     ..

Category: Administrative Law, Constitutional Law | Date: 4 Mar, 2014 | Hits: 5

Hafiz Ahmed Mazumder Vs. Pubali Bank Limited, 2014, 43 CLC (HCD)

.... with the company's any sponsor or director or shareholder who holds one percent (1%) or more shares of the total paid-up shares of the company on the basis of family relationship. His/her family members also should not hold above mentioned shares in the company: Provided that spouse, son, ......trar of Joint Stock Companies and Firms. Respondent No. 4 is Bangladesh Securities and Exchange Commission (BSEC); that the Respondent No. 1, the Bank, was initially established in the erstwhile East Pakistan as Eastern Mercantile Bank Limited in the year 1959 under the Companies Act, 1913; after in......me of admission of this petition is hereby vacated. The parties will bear their respective cost. This Case is also Reported in: 66 DLR (HCD) (2014) 234       ..

Category: Banking Law, Corporate Law | Date: 25 Feb, 2014 | Hits: 9

Aftab Uddin (Md.) Vs. Chairman, Court of Settlement and another, 2014, 43 CLC (AD)

....manded to the Court of Settlement to deal with it in the light of our dis­cussion above. There will be no order as to costs. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 253. ......uildings published in the Bangladesh Gazette (Extraordinary) dated 23 September, 1986 as per provision of section 5(1) (b) of the Ordinance, was leased out for Taka 600 by the then Government of East Pakistan on 10-2-1956 to one Kulsum Bibi wife of Abdur Rahman, a refugee. It was one of the stipulat......manded to the Court of Settlement to deal with it in the light of our dis­cussion above. There will be no order as to costs. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 253. ..

Category: Abandoned Properties Law | Date: 19 Feb, 2014 | Hits: 21

S.N. Kabir Vs. Fatema Begum and others, 2014, 43 CLC (AD)

...., we do not find any substance in these civil petitions for leave to appeal. Accordingly, both the peti­tions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 193. ......ure by importing the words 'rural area' in section 5 and addition of such words will amount to legislation by the judi­ciary which is not at all permissible. 24. The Supreme Court of Pakistan in the case of Md. Ismail Vs. State, 21 DLR (SC) 161 observed in paragraph 15 that the func......, we do not find any substance in these civil petitions for leave to appeal. Accordingly, both the peti­tions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 193. ..

Category: Property Law | Date: 16 Feb, 2014 | Hits: 19

Human Rights and Peace for Bangladesh and others Vs. Hon'ble Speaker, Bangladesh Jatiyo Sangsad and others, 2014, 43 CLC (HCD)

....ned "rule of law" this way: The authority and influence of law in society, esp. when viewed as a constraint on individual and institutional behaviour; (hence) the principle whereby all members of a society (including those in government) are considered equally subject to publicly dis&......, Bangladesh Jatiyo Sangsad and others..............Respondents Judgment January 30, 2014. Result: The Rule is made absolute. Case Referred to- Jibendra Kishore Vs. East Pakistan, 9 DLR (SC) 21; Sheikh Abdus Sabur Vs. Returning Officer, 41 DLR (AD) 30; Maneka Gandhi Vs.......ffect. There is no order as to costs. Office is directed to communicate the judg­ment forthwith. Ed.    This Case is also Reported in: 67 DLR (HCD) (2015) 191 ..

Category: Anti-Corruption Laws | Date: 30 Jan, 2014 | Hits: 5

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

....harge No.1 is in respect of killing of Pallab, a resident of Taltala, Block-B, Section-11, Mirpur and a student of Mirpur Bangla College; charge No.2 was for the murder of poet Meherunnessa and other members of her family; charge No.3 was for the killing of Khandaker Abu Taleb, an imminent journalis......;  December 12, 2013 Result: The petitions are dismissed. Cases Referred to- AP Vs. LVA Dikshitulu, AIR 1979 SC 193; CIT Vs. National Jaj Traders, AIR 1980 SC 485; East Pakistan Vs. Sarafatullah, PLD  1970 (SC) 514; India Vs. Pradeep Kumari, AIR 1995   S...... 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

Proshanta Kumar Sarkar Vs. Managing Director, Agrani Bank Ltd Head Office and others, 2013, 42 CLC (HCD)

....n sub-section (6) of section 12 of the Ain, publishing notice in accordance with the provision contained in sec­tions 33(1) and 48 of the Ain and ensured due participation of the bidders from the members of the public so as to allow the borrower to be duly kept abreast with on transparent auctio......costs. The order of stay granted earlier is vacat­ed. Communicate a copy of the judgment to the bank concerned at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 50. ......costs. The order of stay granted earlier is vacat­ed. Communicate a copy of the judgment to the bank concerned at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 50. ..

Category: Others, Procedural Law | Date: 8 Oct, 2013 | Hits: 8