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Muslim Uddin Vs. Bangladesh and others, 2011, 40 CLC (HCD)
..... Hence, the Rule is discharged. Stay granted earlier by this Court be vacated. However, there will be no order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 161. ....... Hence, the Rule is discharged. Stay granted earlier by this Court be vacated. However, there will be no order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 161. ......………………………Petitioner Vs. Bangladesh and others……………………………..Respondents Judgment August 8, 2011. Result: The Rule is discharged. Administrative Tribunal and its Jurisdiction The Constitution of Bangladesh, 1972 incorporated Article 117......a cardiac patient and she is under the full time treatment of Dr. Md. Saiful Islam, who advised her to take full bed rest without anxiety and tension. But the petitioner's transfer order has become a source of agony and tension on her part causing deterioration of her health condition. It is further..Category: Administrative Law | Date: | Hits: 455
....ent No. 1, Additional Secretary and Member (Appeal and Revision) and others, and also SRO No. 243 dated 27-6-86 (Annexure-H) and SRO No. 161 dated 16-6-88 (Annexure-J), which levied business turnover tax on the Customs Bonded Warehouse of the petitioner were challenged.
2. Short facts for disposa......cember, 1985 to the petitioner as prayed for within a period of 30 days of receipt of this order, positively.
Communicate at once.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 704.
......ers………..Respondents
Judgment
May 15, 2007.
Result:
The Rule is made absolute without any order as to cost.
Lawyers Involved:
Tanjibul Alam with Abu Khaled Al Mamun, Advocates — For the Petitioner.
Md. Rezaul Islam with Sathika Hossain, Assistant Attorneys General ......s of receipt thereof failing which appropriate action was threatened to be taken under the Ordinance.
8. Upon receipt of the letter, the petitioner on 7-2-91 addressed to the Secretary, Internal Resources Division and the Chairman, National Board of Revenue a representation clarifying the positio..
Category: Administrative Law | Date: | Hits: 491
Sakya Pada Barua & others Vs. State and others, 1986, 15 CLC (HCD)
....ioners Sakya Pada Barua, Fazlul Huq, Nurul Mostofa and Nurul Amin are discharged from their bail bonds. Md. Abdul Jalil J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 86. ......ioners Sakya Pada Barua, Fazlul Huq, Nurul Mostofa and Nurul Amin are discharged from their bail bonds. Md. Abdul Jalil J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 86. ...... Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J Md. Abdul Jalil J Sakya Pada Barua & others…………………………………………Petitioner Vs. The State and others……………………………………Opposite Party Judgment January 12, 19......ioners Sakya Pada Barua, Fazlul Huq, Nurul Mostofa and Nurul Amin are discharged from their bail bonds. Md. Abdul Jalil J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 86. ..Category: Criminal Law | Date: | Hits: 103
Elias Brothers (Md.)(Pvt.) Limited and another Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....e observation and direction the Rules are made absolute without any order as to cost. Communicate this judgment and order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 327. ......e observation and direction the Rules are made absolute without any order as to cost. Communicate this judgment and order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 327. ......another……………………..Petitioner Vs. Bangladesh and others…………….........Respondents Judgment September 5, 2010. Result: The Rules are made absolute with observation and direction. The Constitution of Bangladesh, 1972; Articles 31 and 102 Article 31 of t......e observation and direction the Rules are made absolute without any order as to cost. Communicate this judgment and order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 327. ..Category: Civil Law | Date: | Hits: 170
Abul Hossain Vs. National Board of Revenue and others, 2012, 41 CLC (HCD)
....rit petition) shall not be declared to have been passed without any lawful authority and is of no legal effect. 2. The background leading to the Rule, in short, is that the petitioner is a regular tax payee having Tax Identification No.158-101-2177/ সা-১, কর অঞ্চল-১, ঢা......t of this Order positively without any fail. (Underlined by me). With this observations and the direction the Rule is disposed of. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 341. ....... ......t of this Order positively without any fail. (Underlined by me). With this observations and the direction the Rule is disposed of. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 341. ..Category: Fiscal/Taxation Law | Date: | Hits: 177
Bangladesh Environmental Lawyers Association (BELA) Vs. Bangladesh, 2009, 38 CLC (HCD)
....ietor, Madina Enterprise at once by a Special Messenger of this Court at the cost of the petitioner. Sheikh Abdul Awal J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 118. ......ietor, Madina Enterprise at once by a Special Messenger of this Court at the cost of the petitioner. Sheikh Abdul Awal J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 118. ......d in: 7 LG (HCD) (2010) 118. ...... the sustainable development it was appropriate to allow the ship to be dismantled. 42. We note that in the Writ Petition No.657 of 1995 Research Foundation for Science Vs. Technology National Resource Policy, the Supreme Court of India passed an order dated 14.10.2003 wherein they noted the ke..Category: Environmental Law | Date: | Hits: 688
Jahirul Haque Vs. State, 2011, 40 CLC (HCD)
....st in accordance with law. Send down the lower Court records along with a copy of the Judgment to the Court concerned immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 234. ......ection 35A of the Criminal Procedure Code. Accordingly we make an order that the period during which the appellants were in custody in connection with the present case before conviction should be deducted from the awarded sentence of ten years. With the above modification we, therefore, hold tha......ecords along with a copy of the Judgment to the Court concerned immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 234. ......st in accordance with law. Send down the lower Court records along with a copy of the Judgment to the Court concerned immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 234. ..Category: Criminal Law | Date: | Hits: 83
....ed Tax Act, 1991 ( Act No. XXII of 1991); sections 37, 55(1)
The fiscal law demands strict interpretation and strict application by an authority authorized to apply. The VAT Act is a comprehensive tax law. It has defined the tax to be paid as VAT on the specified sales and/or services. Similarly,......05 (Annexure-C) is hereby declared to have been issued without lawful authority and, as such, of no legal effect. Communicate at once.
Ed.
This Case is also Reported in:61 DLR (HCD) (2009) 734.
...... also Reported in:61 DLR (HCD) (2009) 734.
......05 (Annexure-C) is hereby declared to have been issued without lawful authority and, as such, of no legal effect. Communicate at once.
Ed.
This Case is also Reported in:61 DLR (HCD) (2009) 734.
..
Category: Fiscal/Taxation Law | Date: | Hits: 131
BRAC vs. National Board of Revenue and another, 2008, 37 CLC (HCD)
....s there since such imposition of condition or restriction is not a matter of procedure....................(21) The discretion of the National Board of Revenue to modify or waive the payment of the tax cannot be claimed as a matter of right. Nor such discretion could be thought to be a condition o......gal and/or unauthorized and as such, of no legal effect. In the result, the Rule is discharged with cost. Communicate at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 245. ......horized and as such, of no legal effect. In the result, the Rule is discharged with cost. Communicate at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 245. ......gal and/or unauthorized and as such, of no legal effect. In the result, the Rule is discharged with cost. Communicate at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 245. ..Category: Fiscal/Taxation Law | Date: | Hits: 171
Sobhan Munshi Vs. State and another, 2010, 39 CLC (HCD)
.... with this case shall be deducted from the period of his sentence as per provisions of Section 35A of the Code of Criminal Procedure. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 37. ......f) of the Arms Act is maintained. Both the sentences shall run concurrently. 10. The total period of custody of the convict-petitioner prior to his conviction in connection with this case shall be deducted from the period of his sentence as per provisions of Section 35A of the Code of Criminal Pr......rt High Court Division (Criminal Miscellaneous Jurisdiction) Present: Afzal Hossain Ahmed J Md. Abdus Samad J Sobhan Munshi………………………….Petitioner Vs. The State and another……………………………Opposite parties Judgment January 7, 2010. ...... with this case shall be deducted from the period of his sentence as per provisions of Section 35A of the Code of Criminal Procedure. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 37. ..Category: Criminal Law | Date: | Hits: 81
Daud Ali (Md.) and others Vs. State, 2003, 32 CLC (HCD)
....appellants Daud Ali and Rabi Biswas are directed to be set at liberty if not connected with any other case. Record be sent down. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 699. ......appellants Daud Ali and Rabi Biswas are directed to be set at liberty if not connected with any other case. Record be sent down. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 699. ......t at liberty if not connected with any other case. Record be sent down. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 699. ......able vital witnesses including other inmates of the occurrence house were withheld by prosecution. This, according to him, will bring presumption under section 114G Evidence Act. He also submits that source of informant about the occurrence was according to P.Ws.3, 4 and 5, said full brother Amir wh..Category: Criminal Law | Date: | Hits: 93
....that Pre-shipment Inspection service charges will be subject to payment of VAT as Jarip Sangstha (survey agency) under code No.S020.00 under the VAT Act. In the tender documents all information about tax liabilities were there. The petitioners were officially informed by the VAT Wing of National Boa...... and the grounds given in the letter for imposition of VAT was that PSI Agencies fell within the definition of survey companies under Code No.S020.00 of Schedule 2 to the VAT Act and the amount to be deducted was specified to be 15% of 20% of the PSI fees. The petitioners wrote to the respondents se......lso Reported in: 55 DLR (HCD) (2003) 691.
......al stage. Pursuant to the said tenders separate agreements were entered into between the Government of the People's Republic of Bangladesh represented by the Secretary Ministry of Finance, Internal Resources Division, the Chairman National Board of Revenue and Intertek Services International Limited..
Category: Fiscal/Taxation Law | Date: | Hits: 119
Sadek Hossain Khoka and others Vs. Election Commission for Bangladesh and others, 2008, 37 CLC (HCD)
....be made applicable to the petitioner. The learned Advocate also submits that every City Corporation is an administrative unit under section 3(7) of the Ordinance No. 16 of 2008 having power to impose taxes for local purposes, to prepare its budget and to maintain fund hence, it is rather a statutory......he Rules in Writ Petition Nos. 9125, 9126, 9336, 9459, 9428 and 9729 all of 2008 are discharged. There will be no order as to costs. Ed. This Case is also Reported in: 61 (DLR) (HCD) (2009) 10. ......titioners Vs. Election Commission for Bangladesh and others………………….. Respondents Judgment December 4, 2008. Result: All the Writ Petitions are discharged. Interpretation of statutes The Court, in all ways, must avoid in giving interpretation which would go to ......he Rules in Writ Petition Nos. 9125, 9126, 9336, 9459, 9428 and 9729 all of 2008 are discharged. There will be no order as to costs. Ed. This Case is also Reported in: 61 (DLR) (HCD) (2009) 10. ..Category: Constitutional Law | Date: | Hits: 466
Elite Lamps Ltd. Vs. Secretary, Ministry of Industries and others, 2007, 36 CLC (HCD)
....Rin Case No. 30 of 1991 expeditiously preferably within 4 (four) months from date. Communicate the Judgment to the Adalat at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 641. ......Rin Case No. 30 of 1991 expeditiously preferably within 4 (four) months from date. Communicate the Judgment to the Adalat at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 641. ......nicate the Judgment to the Adalat at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 641. ......00,000 only but the petitioner due to non-completion of the project did not avail of the working capital loan. Thereafter, the petitioner applied for loan in current account and the Bank from its own source sanctioned Taka 5, 00,000 only on hypothecation basis in lieu of working capital, vide sancti..Category: Constitutional Law | Date: | Hits: 334
Md. Liton Miah alias Ripon Vs. State, 2006, 35 CLC (HCD)
....t liberty at once if not wanted in connection with any other case. 11. Lower Court's Record be sent down as immediate as possible. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 277. ......t liberty at once if not wanted in connection with any other case. 11. Lower Court's Record be sent down as immediate as possible. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 277. ......reme Court High Court Division (Criminal) Present: AK Badrul Huq J Shahidul Islam J Md. Liton Miah alias Ripon………………………………Convict-Appellant Vs. The State………………………………Respondent Judgment November 28, 2006. Result: Th......ed by the Police, they generally become very much interested to earn conviction upon a person under indictment for offence of illegal possession of arms and ammunition. Corroboration from independent source becomes imperative in carrying guilt to the door of accused-person and, also, base conviction..Category: Criminal Law | Date: | Hits: 125
Rezia Khatun Chowdhurani and others Vs. Shamir Kumar Chowdhury and others, 2008, 37 CLC (HCD)
.... within five months from the date of execution of the deed and the balance consideration of amount of Taka 11,000 would be paid at the time of execution of the sale deed after taking necessary income tax clearance and permission and possession the property would be delivered on that day. Samir Kumar...... these Rules. In the result, these Rules are discharged without any order as to costs. Send down the lower Court records. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 131. ......rds. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 131. ...... these Rules. In the result, these Rules are discharged without any order as to costs. Send down the lower Court records. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 131. ..Category: Civil Law | Date: | Hits: 138
Zareen Biscuit Company Vs. Sayed M. Salimullah and others, 2010, 39 CLC (HCD)
....e of dismissal passed by the Subordinate Judge, 3rd Court, Tangail, is hereby affirmed. Send down the lower Court record at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 267. ......e of dismissal passed by the Subordinate Judge, 3rd Court, Tangail, is hereby affirmed. Send down the lower Court record at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 267. ......urt, Tangail, is hereby affirmed. Send down the lower Court record at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 267. ......discussions of the facts and evidence on records and came to his findings essentially on facts. Learned Judge upon an elaborate analysis came to disbelieve the genuineness of the pattannama, the only source of title of the plaintiff's predecessors. Trial Court found the suit, amongst others, bad for..Category: Trust/Waqf Law | Date: | Hits: 114
Sharifuddin and others Vs. Commissioner of Customs and others, 2009, 38 CLC (AD)
....ct No. 22 of 1991); Section 4 The Custom Act, 1969 (Act No. IV of 1969); Section 30A Relationship between VAT Act, 1991 and Customs Act, 1969 VAT Act, 1991 and the Customs Act, 1969 though taxing statutes, operate in different fields and section 6(1) of the VAT Act deals with the machiner....... The appeals are therefore allowed without any order as to cost. The civil petitions are disposed of by the judgment in Civil Appeals. Ed. This Case is also Reported in: 9 ADC (2012) 721. ......ore allowed without any order as to cost. The civil petitions are disposed of by the judgment in Civil Appeals. Ed. This Case is also Reported in: 9 ADC (2012) 721. ....... The appeals are therefore allowed without any order as to cost. The civil petitions are disposed of by the judgment in Civil Appeals. Ed. This Case is also Reported in: 9 ADC (2012) 721. ..Category: Fiscal/Taxation Law | Date: | Hits: 128
Durga Prasad Singh Hajari Vs. Commissioner of Taxes, Taxes Zone 3, Chittagong, 2007, 36 CLC (HCD)
....……Applicant Vs. Commissioner of Taxes, Taxes Zone 3, Chittagong.............Respondent Judgment December 12, 2007. Result: The Reference Applications are disposed of. Income tax of Hindu undivided family The Income Tax Ordinance, 1984 accepts and respects the Hindu perso......lated in the negative and in favor of the assessed and against the revenue. No cost. Communicate at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 723; 13 MLR (HCD) (2008) 397. ......nd against the revenue. No cost. Communicate at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 723; 13 MLR (HCD) (2008) 397. ......lated in the negative and in favor of the assessed and against the revenue. No cost. Communicate at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 723; 13 MLR (HCD) (2008) 397. ..Category: Fiscal/Taxation Law | Date: | Hits: 138
Ocean Accessories Limited and another Vs. National Board of Revenue and others, 2010, 39 CLC (HCD)
....y submits that he will not press for refund of the amount in question since it has been already paid up as mentioned in the petition. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 441. ......y submits that he will not press for refund of the amount in question since it has been already paid up as mentioned in the petition. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 441. ......shfaqul Islam J SM Emdadul Hoque J Ocean Accessories Limited, Represented by Managing Director, E-19/6, Merul Badda, Gulshan, Dhaka and another……………………Petitioner Vs. The National Board of Revenue, represented by its Chairman, Rajashwa Bhaban, Segunbagicha, Dhaka-1000 and......y submits that he will not press for refund of the amount in question since it has been already paid up as mentioned in the petition. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 441. ..Category: Fiscal/Taxation Law | Date: | Hits: 174
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