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Mostafa Kamal Sazu and oth¬ers Vs. Secretary, Ministry of Finance, Bangladesh Secretariat, and others, 2014, 43 CLC (HCD)

....s from the date of receipt of this judgment. Let a copy of this judgment be forwarded to the concerned respondents at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 251 ......the Rules, is not a priv­ilege but it is a right to carry out their business and that right cannot be curtailed or throttled on a mere cause shown. The Constitution is the supreme law of the land, and the trainers of the same in their wis­dom have made some provisions protecting the rig..

Category: Constitutional Law, Fiscal/Taxation Law | Date: 8 Dec, 2014 | Hits: 3

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

.... 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.   ......erations can have little weight in interpreting statues. But even other­wise, this view of the matter does not support the argument. After the issue of a notification under section 4, an owner of land in the local­ity notified cannot have full beneficial enjoy­ment of his property; he ca..

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

Oxinel Services Pte. Ltd Vs. SOM Kalimullah, MD, Bangla¬desh Telecommunication Com¬pany Limited (BTCL) and others, 2014, 43 CLC (HCD)

....her signed copy of the order of commit­tal be kept with record, for ready reference, if so required. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 225     ......s the custodian of the Constitu­tion and protector of the Rule of law. In the pres­ent legal jurisprudence, he submits, "Contempt of Court" is nowhere defined in any statutes of the land. However, in the case of Moazzem Hossain Vs. State, 35 DLR (AD) 290, 293, Fazle Munim, CJ (as h..

Category: Constitutional Law, Contempt of Court Law | Date: 4 Dec, 2014 | Hits: 10

A Kader Zilani (Md.) Vs. State and another, 2014, 43 CLC (HCD)

....asons best known to the informant but that was not binding upon the Investigating Officer or upon the Court. She also submits that when any offence is compoundable everyone should appre­ciate the settlement of dispute outside of the Court but whenever the offence is not compoundable no one shoul......oms House had received the said goods. He had appointed M/s Jyoti International, a clearing and forwarding agent (hereinafter referred to as the C & F) to release the said goods from the Benapole land port who submitted bill of entry and other papers on 17-10-2005 and got the release order of th..

Category: Anti-Corruption Laws | Date: 3 Dec, 2014 | Hits: 11

Youngone (CEPZ) Limited, Plot No.11-16, Sector-2, Export Processing Zone, Chittagong Vs. The Commissioner of Taxes, Taxes Zone-2 CGA Building, Chittagong, 2014, 43 CLC (HCD)

....ted below:- “Reporting Foreign Currency Transactions in the Functional Currency Initial Recognition 20. A foreign currency transaction is a transaction is denominated or requires settlement in a foreign currency including transactions arising when an entity: (a) Buys or sel...... Court of Bangladesh, is directed to take necessary 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: 30 Nov, 2014 | Hits: 1

Youngone (CEPZ) Limited Vs. Commissioner of Taxes, 2014, 43 CLC (HCD)

....ted below:- “Reporting Foreign Currency Transactions in the Functional Currency Initial Recognition 20. A foreign currency transaction is a transaction is denominated or requires settlement in a foreign currency including transactions arising when an entity: (a) Buys or sel......me Court of Bangladesh, is directed to take necessary 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: 30 Nov, 2014 | Hits: 17

Molina Rani and others Vs. Gopal Goyala and another, 2014, 43 CLC (AD)

....ugned judgment and order of the High Court Division. Accordingly, the appeal is dismissed, without however any order as to costs. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 240 ......ntiff filed Other Class Suit No.151 of 1992 in the Court of Senior Assistant Judge, Sadar, Mymensingh, praying for specific performance of contract alleging, that her husband taking lease of the suit land from the admitted owner defendant No. 1, used to possess the same by installing Rice Mills, Flo..

Category: Civil Law, Evidence Law | Date: 20 Nov, 2014 | Hits: 6

Meer Ramij Uddin Vs. Meer Judge Meah and others, 2014, 43 CLC (AD)

....il petition for leave to appeal is dismissed with­out any order as to costs. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 208.         ....... 3. Facts of the case, in brief, are that the respondent Nos.1 and 2 as plaintiffs filed Partition Suit No. 602 of 1985 in the Court of Subordinate Judge, Kishoregonj, for partition of the suit land described in the schedule to the plaint alleging, inter alia, that the suit land as mentioned i..

Category: Property Law | Date: 20 Nov, 2014 | Hits: 5

Ruhul Amin (Md.) and oth¬ers Vs. Mustafizur Rahman and others, 2014, 43 CLC (HCD)

....e of his aforesaid three daugh­ters and one grandson namely Ahmed Ullah. Saydunncssa died leaving behind three sons Waziullah, Aman Ullah, Fazley Rahman and one daughter Fatema Begum. By amicable settlement, Syedunnessa got 77 decimals of land of suit plot No. 1735 and at the demise of Syedunnes......d others........Plaintiff-Respondent-Opposite Parties Judgment November 16, 2014. Result: The Rule is made absolute. Boundary Specification— The description of the land must be specif­ic with its boundary and if it is found that the land described in the sched..

Category: Civil Law, Property Law | Date: 16 Nov, 2014 | Hits: 10

One Bank Limited, represented by Mr. M. Fakhrul Alam, H.R.C. Bhaban, 46, Karwan Bazar, Dhaka, Bangladesh Vs. The Commissioner of Taxes, 2014, 43 CLC (HCD)

....he DCT calculated tax liability on @ 10% on the entire amount of Tk. 480,040,000 earned by selling sponsor shares. We have deducted tax @ 5% as per the provision of ITO section 53M which is the final settlement. So the action of the DCT is not lawful and the CTA has upheld the order of DCT arbitrari......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: ..

Category: Fiscal/Taxation Law | Date: 10 Nov, 2014 | Hits: 3

Shawkat Hossain (Md.) and another Vs. Golam Mohammad and another, 2014, 43 CLC (HCD)

....ith law. Send copy of this judgment to the appellate Court below along with the lower Court record, if not already sent back. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 27 ...... file the suit. 3. The defendant Nos. 1 and 2 contested the suit by filling written statement denying the alleged bainanama. Their case is that the defen­dant No.1 purchased 0.0168 ajutangsa land from Shahana Bibi by a registered kabala dated 10-4-1984 and subsequently he transferred that l..

Category: Evidence Law, Property Law | Date: 20 Sep, 2014 | Hits: 10

Intekhab Ahmed Khan Vs. Sabbir Ahmed Chowdhury, 2014, 43 CLC (AD)

....Division is set-aside and the judgment and decree passed by the trial Court is hereby restored. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 2       ........................Respondent Judgment September 17, 2014. Result: The appeal is allowed. A tenant is liable to be evict­ed if he is a defaulter in payment of rent, if the landlord needs the suit premises for bona fide requirement and if the tenant denies the title of the..

Category: Tenancy Law | Date: 17 Sep, 2014 | Hits: 13

Intekhab Ahmed Khan Vs. Sabbir Ahmed Chowdhury, 2014, 43 CLC (AD)

....dgment delivered by the High Court Division is set-aside and the judgment and decree passed by the trial Court is hereby restored. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 2. ......ptember 17, 2014. Result: The appeal is allowed. A tenant is liable to be evicted under the Premises Rent Control Act (1) if he is a defaulter in payment of rent (II) if the landlord needs the suit premises for bona fide requirement and (III) if the tenant denies the t..

Category: Tenancy Law | Date: 17 Sep, 2014 | Hits: 6

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: ......s), which are held exclusively for personal use by, and are not used for purposes of the business or profession of the assessee or any member of his family dependent on him; and (c) agricultural land in Bangladesh, not being land situated— i. in any area which is comprised within the..

Category: Fiscal/Taxation Law | Date: 16 Sep, 2014 | Hits: 0

Onil Kuar Podder and others Vs. Mostafa Unuch, 2014, 43 CLC (HCD)

....aside. Pre-emption Title Suit No. 47 of 2007 is dis­missed. Send down the lower court records at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 302   ......no corresponding statu­tory law governing the field of pre-emption and at that time pre-emption was governed as per provision of Muhammadan Law, pre-emptor be Hindu then also he could preempt the land under the provision of Muhammadan Law but now scenario has been changed and statutory law has c..

Category: Property Law | Date: 15 Sep, 2014 | Hits: 8

Abul Bashar Chowkidar Vs. Abdul Mannan @ Khademul Islam and others, 2014, 43 CLC (AD)

....ence is found against him/her/them. With the above observations, this criminal petition for leave to appeal is disposed of. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 286. ......Report (FIR) with the Chakaria Police Station against six accused per­sons namely Abdul Mannan, Abdul Hamid, Baharuddin, Buri Begum, Abdul Quader and Saber Ahmed alleging, inter-alia, that he had land dispute with the accused persons, who on 20-2-2001 at 1-00 PM being armed with dao, spade, iron..

Category: Criminal Law, Procedural Law | Date: 11 Sep, 2014 | Hits: 34

Government of Bangladesh, represented by the Secretary, Ministry of Land and others Vs. Sharifun Nessa and others, 2014, 43 CLC (AD)

....e of PWD may be retained and the rest 16.78 acres declared khas and restored to the original owners and settle the same with them by releasing salami at present market price. If they declined to take settlement at market price, processes should be taken to evict the present occupiers and bring the l...... Sharifun Nessa and others………………Respondents Judgment September 9, 2014. Result: The appeal is disposed of. Leasing out the disputed land to the respondents or their legal representatives at present market price subject to proof of t..

Category: Property Law | Date: 9 Sep, 2014 | Hits: 21

Chowdhury Mia and oth¬ers Vs. Superintendent, Primary Teacher Institution and others, 2014, 43 CLC (HCD)

.... Rule No.364(R) of 2007 (Violation) is dis­posed of. Send down the lower court records. Communicate this order at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 42. ......this judgment would govern both these rules. 2. Petitioners as plaintiffs instituted the aforesaid Title Suit No.137 of 1995 for perma­nent injunction. It is the case of plaintiffs that suit land originally belonged in 2 annas share to Hafiza Khatoon, wife of, Alimuddin, predecessor of plai..

Category: Limitation Law, Property Law | Date: 4 Sep, 2014 | Hits: 6

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 ......ime of occurrence (2) Nurul Anowar, the Chairman of Harala Union Parishad, and (3) Alhaj Md. Yunus, Contractor stating inter-alia, that during the period from September, 1994 to June 1995, a piece of land measuring 2 acres was acquired at Gachbaria under the order of the then Minister to construct a..

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

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: ......) shall be made by such person, in such form containing such particulars, as may be prescribed. 4. Nothing in this section shall apply to any transaction in relation to- a. Any agricultural land, or b. Any non-agricultural land valued at a sum not exceeding one lakh taka, situated out..

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