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World Tel Bangladesh Ltd. Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....Original Jurisdiction) Present: Syed Mahmud Hossain J Quamrul Islam Siddiqui J World Tel Bangladesh Ltd………………………………………………………Petitioner Vs. Government of Bangladesh and others…………………………………Respondents. Judgment ...... Petition is not maintainable because the petitioner has not exhausted the efficacious remedy. Contradicting the above argument, Mr. Mahmudul Islam has submitted that the BTRC has passed the impugned orders, Annexure-A and Al in exercise of statutory power under section 90 of the BT Act and that the..Category: Information Technology Law | Date: | Hits: 321
....s after importing spare parts from abroad and then sell it in the local market. It is the case of the petitioners that supplementary duty on other electrical home appliances have been exempted by the Government while retaining supplementary duty on locally-made refrigerator pursuant to the SRO No. 1......It is also contended that the petitioner has no right to claim any such exemption and the power was exercised by subjective satisfaction as the Government felt it was necessary to pass such exemption order.
4. The petitioner of Writ Petition No. 28 of 2002 filed an affidavit-in-reply wherein the ..
Category: Fiscal/Taxation Law | Date: | Hits: 81
Selim Reza Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
.... (Special Original Jurisdiction) Present: Md. Joynul Abedin J AKM Asaduzzaman J Selim Reza ………………………………………………………………Petitioner Vs. Government of Bangladesh and others………………………. Respondents. Judgment August 1......presentation of the petitioner made to the respondent No. 4, Deputy Commissioner, vide Annexure-F to the writ-petition complaining that he was prevented/obstructed to purchase the tender documents in order to participate in the auction held on 13-4-2005 was not at all considered by the respondents N..Category: Others | Date: | Hits: 114
....ssioner (Revenue), Sylhet against the order passed by the Assistant Commissioner (Land) asserting that the land in question was a vested property and, as such, it took settlement of the same from the Government and it was therefore rightly recorded in its name in the record of right. The petitioner ......9.
Judgment
Md. Joynul Abedin J.- This Rule was issued under Article 102 of the Constitution of the People’s Republic of Bangladesh calling upon the respondents to show cause why the impugned order dated 3-6-1998 (Annexure-I) passed by the respondent No.3. Additional Deputy-Commissioner (Rev..
Category: Property Law | Date: | Hits: 95
Commissioner of Taxes Vs. Kushtia Sugar Mills Ltd., 2000, 29 CLC (HCD)
..... Accordingly, we answer the questions in the affirmative and against the revenue applicant. There will be no order as to cost. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 504.......dent. Reference Application No. 9 of 1994. Judgment Syed Amirul Islam J.- In this referee application the revenue department calls in question the legality and propriety of the Judgment and order dated 22-11-93 passed by the Taxes Appellate Tribunal, Dhaka, Division Bench-2, Dhaka in It, N..Category: Fiscal/Taxation Law | Date: | Hits: 104
....DLR (HCD) (2001) 502....... J.-This Rule arises out of an application section 115(1) of the Code of Civil Procedure by Afitan Nessa and four other petitioners call upon the opposite parties to show cause as to why the impugned order dated 13-6-1993 passed learned Assistant Judge, Ghoraghat Police Station, District Dinajpur in..
Category: Procedural Law | Date: | Hits: 106
Annada Prosad Das Vs. DC, Khulna and others, 2001, 30 CLC (HCD)
.... Abeda Khatun and another Vs. State of UP and others, AIR 1963 (Allahabad) 260, Md. Ayub Khan Vs. Commissioner of Police, Madras AIR 1965 (SC) 1623, lzhar Ahmed Vs. Union of India AIR 1962 (SC) 1052, Government of the People’s Republic of Bangladesh Vs. Abdul Hoque, 1982 BCR (AD) 143. Lawyers I...... dismissed the suit under conception that the onus was upon the plaintiff according to the provision of President’s Order No.149 of 1975 to prove that he was a permanent resident of this country in order to entitle him to get a declaration that he was a citizen of. Bangladesh and it further held t..Category: Immigration and Citizenship Law | Date: | Hits: 190
Anindra Bhusan Ghose Vs. Bangladesh Government, 2001, 30 CLC (HCD)
....HCD) (2001) 493.......he vendor on receipt of the consideration executed the sale deed and delivered possession of the land to the vendee. Contention of the vendor is that it was intended to be a mortgaged deed in that in order to become a Director of the Company he had to purchase the qualifying share of Taka 30,000.00 ..Category: Property Law | Date: | Hits: 85
....Regulation (2) of Regulation 4 provides that no other enactments except those mentioned in the schedule shall be deemed to be applied in the Chittagong Hill Tracts. It is, however, provided, that the Government may by notification in the Gazette declare that any other enactment shall apply either wh......Rahman with Sirajur Rahman and Emaduddin Chowdhury, Advocates—For Opposite Party.
Civil Revision Case No. 4618 of 1999.
Judgment
SK Sinha J.- This Rule is directed against the judgment and order dated 21-6-99 of the Additional Divisional Commissioner, Chittagong Division in Civil Appeal N..
Category: Civil Law | Date: | Hits: 89
Parul Bala @ Parul Rani Shah Mondol Vs. Suruj Miah and others, 2001, 30 CLC (HCD)
....)68 is disposed of accordingly, the judgments and decrees of, the Courts below are set aside. The suit is decreed in full. No costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 481.......he same. 7. Plaintiff’s further case is that the suit property although was exempted and omitted from the list of the attached properties of Certificate Case Nos. 3 and 16, as referred above, by order dated 19-6-1958 (Exhibit 2) but later on, illegally the suit land was auction sold behind the ..Category: Property Law | Date: | Hits: 83
Nizam Hazari Vs. State, 2001, 30 CLC (HCD)
....f law on the ground of procedural defect and technicality……………………………………(25) Cases Referred to- Sars Pal Singh Vs. State of Delhi, AIR 1999 (SC) 49, Nesar Ahmed Vs. Government of Bangladesh, DC, Noakhali and others, 49 DLR (AD) 111, Abdul Razzak Talukder Vs. State ......erlooked. Testimonies of police witnesses cannot be rejected on the ground that they are police witnesses and were members of the raiding party. . . The Court as a rule of prudence and caution and in order to exclude every possibility of inducement of an innocent person in the case by prosecution al..Category: Criminal Law | Date: | Hits: 58
Titas Gas Vs. Immense Washing Plant and others, 2001, 30 CLC (HCD)
....r paid a sum of Taka 1,22,215.48 vide a pay order dated 11-10-2000. The plaintiff was in default in the payment of gas bills which stood at Taka 17,69,974.86 as in March, 2001. Protecting the loss of Government revenue and to save itself, the defendant Titas Gas had no option but to snap the gas con......2866 of 2001. Judgment Md. Abdur Rashid J.- This Rule was obtained by the defendant No.4 upon making a revision application under section 115 of the Code of Civil Procedure against judgment and order dated 13-5-2001 passed by Additional District Judge, 2nd Court (In-Charge) at Dhaka in Miscell..Category: Civil Law | Date: | Hits: 151
Milon @ Shahabuddin Ahmed Vs. State, 2001, 30 CLC (HCD)
.... he deposed falsely at the instance of the informant. He also stated that the deceased had the capability to disclose the names of his assailants. 8. P.W.3 Abdul Mannan was a student of Chittagong Government College at the relevant time and he stated that in the evening of 1-7-1979 he and Shafiqu......lows on both the deceased Azhar and the victim Mithu at the time of occurrence and in the manner as alleged by the prosecution. Therefore, we do not find any reason to interfere with the judgment and order of Conviction and sentence passed by the learned Additional Sessions Judge. 32. In the judg..Category: Criminal Law | Date: | Hits: 35
Abdus Sukur (Md.) and others Vs. Bhasani Mandal and another, 2001, 30 CLC (HCD)
....gment and decree of the Court of appeal below are set aside and those of the trial Court are hereby restored. Send down the records. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 452.......ot seem to be a ‘further relief’ within the meaning of the proviso to section 42 of the Specific Relief Act. Submission has therefore no substance. In the result, the Rule is made absolute. No order as to costs. Impugned judgment and decree of the Court of appeal below are set aside and those..Category: Property Law | Date: | Hits: 75
Seastar Shipping Lines Ltd. Vs. Bangladesh & others, 2001, 30 CLC (HCD)
....ract of supply of the cargo in question dated 12-1-1999 the letter of credit was negotiable for 90% value of the rice on submission of inspection certificate by SGS or any other agent approved by the Government of Bangladesh in respect of quality, quantity, packing etc. conforming to contract specif......ey-General—For Respondent No. 1. Writ Petition No. 5584 of 2000. Judgment Md. Joynul Abedin J.- This Rule Nisi was issued calling upon the respondent Nos.1-3 to show cause why the impugned order, Annexure-K, detaining the vessel ‘MV Vishva Kaumudi’ and restraining her from leaving the..Category: Admiralty Law or Maritime Law | Date: | Hits: 212
State Vs. Md. Shamim alias Shamim Sikder and others, 2000, 29 CLC (HCD)
....der alias Md. Ratan are allowed and they are found not guilty to the charges levelled against them and they are acquitted in this case. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 439.......gency Department of the Medical College Hospital accused Shamim, Nahid, Yousuf, Ratan, Bipul, Royel, Lamu and 3/4 unknown persons being armed with daggers encircled the deceased and his companions in order to kill the deceased. Accused Shamim, Nahid, Yousuf, Ratan, Bipul, Royel and Lamu attacked the..Category: Criminal Law | Date: | Hits: 50
Gurvinder Singh Vs. Secretary, Ministry of Finance and others, 1992, 21 CLC (HCD)
....ced to respondent No.3 showing that the petitioner is not liable to pay taxes in Bangladesh because he drew his entire salary in USA where he paid taxes and that there exists an agreement between the Government of USA and the Government of Bangladesh relating to double taxation. Moreover, he is not ......72 of 1992. Judgment Anwarul Haque Chowdhury J.- This Rule arises out of an application under Article 102 of the Constitution of the People’s Republic of Bangladesh and is directed against an order dated 27-4-92 issued by the respondent No.3 namely, the Assistant Commissioner of Taxes, Centr..Category: Fiscal/Taxation Law | Date: | Hits: 98
Hamza Rubber Industries Vs. Golam Dastagir Gazi, 2001, 30 CLC (HCD)
.... is also discharged and order of ad-interim injunction granted at the time of issue of the Rule is also vacated. Communicate at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 430. ......dal, Advocates—For the Respondents. FMAT No. 285 of 2001 with Civil Rule No. 255 (FM) of 2001. Judgment Md. Abdur Rashid J.- This appeal was presented by the plaintiff against judgment and order dated 12-02-2001 passed by the 10th Court of Additional District Judge at Dhaka in Title Suit ..Category: Intellectual Property Law | Date: | Hits: 230
.... Uddin Ahmed………….….Petitioner
Vs.
First Court of Settlement, Bangladesh Abandoned Building & others..………….Respondents
Judgment
May 8, 2001
Cases Referred To-
Government of Bangladesh represented by the Secretary, Ministry of Works Vs. A Jalil, 49 DLR (AD) 26......For the Respondents.
Writ Petition No. 2512 of 1995.
Judgment
Syed Mahmud Hossain J.- This Rule Nisi was issued calling upon the respondents to show cause as to why the impugned judgment and order data 17-8-95 (Annexure-D) passed by the First Court of Settlement, Bangladesh Abandoned Buildi..
Category: Property Law | Date: | Hits: 103
Progoti General Insurance Co. Ltd. Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)
....ase of CIT, Kerala Vs. Travancore Sugars and Chemicals Ltd. reported in 90 ITR 307, took the law that when the transfer of price differential or the windfall profit in favour of the BPC was through a Government decision before it reaches the assessee, the principle of diversion of income by overridi...... of 1993. Judgment Syed Amirul Islam J.- This reference application filed under section 160 of the Income Tax Ordinance, 1984 (hereinafter called “the Ordinance”) arises out of Judgment and order dated 17-2-93 passed in ITA No. 2575 of 1991 (Assessment year 1990-91) by the Taxes Appellate ..Category: Fiscal/Taxation Law | Date: | Hits: 104
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