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Durga Prasad Singh Hazari Vs. Commissioner of Taxes, 2007, 36 CLC (HCD)
....estions of law formulated in the negative and in favour of the assessee and against the respondent. No cost. Communicate at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 397. ......us error in holding that the minor sons could not file income tax returns, and upon such erroneous view, cancelled their returns by merging them with the income of the assessee. Secondly, none of the provisions sub-section (4) of section 43 of the Ordinance applies in the cases at hand since the sec..Category: Fiscal/Taxation Law | Date: 12 Dec, 2007 | Hits: 5
Fairdeal Marine Services, Fujairah, U.A.E Vs. M.V. PELEAS K and others, 2007, 36 CLC (HCD)
....mentioned and specified in Schedule 'A' to the application is hereby necessarily recalled and vacated. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 17. ......n to the Petitioner, the Opposite Party No.5 'cannot, therefore, be held liable for the alleged breach of contract by the Principal Defendant/ Judgment-Debtor/Opposite Party No.1 according to the provisions of Section 230 of the Contract Act, 1872. The Opposite Party No.5 also maintains that hav..Category: Admiralty Law or Maritime Law | Date: 6 Dec, 2007 | Hits: 19
AKM Reazul Islam and others Vs. State, 2007, 36 CLC (HCD)
....o.1, Lalpur, Natore to the satisfaction of the learned Chief Judicial Magistrate, Natore. Communicate this order at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 111. ......¨ā§āĻ¸āĻ¨ā§āĻ§āĻžāĻ¨, āĻ¤āĻĻāĻ¨ā§āĻ¤ āĻ āĻŦāĻŋāĻāĻžāĻ°”āĨ¤ Again, although rule 15 Ga has specified a maximum time limit of 60 days for conclusion of investigation, but rule 15 Ga or other provisions of the Rules, 2007 are silent as to what happens to a person taken in custody after lodgm..Category: Anti-Corruption Laws | Date: 3 Dec, 2007 | Hits: 139
Manzill Murshid and 6 others Vs. Bangladesh and another, 2007, 36 CLC (HCD)
....āĻ āĻ¤ā§āĻ° āĻ°ā§āĻ˛āĻāĻŋ āĻāĻ°āĻāĻž āĻŦā§āĻ¯āĻ¤āĻŋāĻ°ā§āĻā§ āĻā§āĻ¯āĻžāĻŦāĻ¸āĻ˛āĻŋāĻāĻ āĻāĻ°āĻž āĻāĻāĻ˛āĨ¤ Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 94. ...... to which this Act extends and belonging to a class defined in this behalf by the Government. (2) Nothing in sections 4, 5, 6, 8, 10 or 11 applies to any officer so invested, but all the other provisions of this Act shall, so far as those provisions can be made applicable, apply to him as if..Category: Others | Date: 2 Dec, 2007 | Hits: 7
....78,40,997.85 by crediting the sum to the Current Account of the petitioner.
Send down the lower court's record at once.
Ed.
This Case is also Reported in: 28 BLD (HCD) (2008) 18.
......d the bills of entry, challans and release order of the imported goods as Annexure-J to J(33).
12. Mr. Khan Saifur Rahman, learned senior advocate for the petitioner took us through the relevant provisions of the VAT Act and submitted that the petitioner imported the materials, spares and other..
Category: Fiscal/Taxation Law | Date: 26 Nov, 2007 | Hits: 9
Mrs. Zakia Doha Vs. Rajdhani Unnayan Kartipakha, 2007, 36 CLC (HCD)
....hout any order as to costs. 40. Let the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 254. ......rty by creating and ante-dating some forged documents. Besides, the alleged gift of the case property in favour of the petitioner by her elder sister Mrs. Atia Siddiqui is illegal in view of the provisions of Clause 23 of the deed of lease. The Government has been possessing the case prope..Category: Abandoned Properties Law | Date: 15 Nov, 2007 | Hits: 6
Muktijoddha Bahumukhi Samabaya Samity Vs. Bangladesh and others, 2007, 36 CLC (HCD)
.... āĻāĻžāĻ°ā§āĻā§āĻ¤ āĻ°ā§āĻ˛āĻāĻŋ āĻāĻ°āĻāĻž āĻŦā§āĻ¯āĻ¤āĻŋāĻ°ā§āĻā§ āĻā§āĻ¯āĻžāĻŦāĻ¸āĻ˛āĻŋāĻāĻ āĻāĻ°āĻž āĻšāĻāĻ˛āĨ¤ Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 418. ......are not allotting the same. He adds that the activities of the respondents in not allotting the shop as per Rule and notiÂfication are without lawful authority. He lastly submits that in view of the provisions laid down in the Rule 4(1)(kha) of the āĻāĻĒ-āĻāĻāĻ¨āĻŽāĻžāĻ˛āĻž-ā§¨ā§Ļā§Ļā§Š the peti..Category: Civil Law | Date: 20 Sep, 2007 | Hits: 43
....vocate appearing on behalf of the petitioner challenged the certificates issued by the respondent No.4, PSI agency mainly on the grounds that those were issued at inflated value without following the mandatory provisions of the PSI rules, 2002.
16. He submitted that in view of the disclosers of t......earing on behalf of the petitioner challenged the certificates issued by the respondent No.4, PSI agency mainly on the grounds that those were issued at inflated value without following the mandatory provisions of the PSI rules, 2002.
16. He submitted that in view of the disclosers of the supplie..
Category: Fiscal/Taxation Law | Date: 17 Sep, 2007 | Hits: 66
Salima Akter Niluma Banu Vs. Shahin Shakhider and others, 2007, 36 CLC (HCD)
....6(six) months from the date of receipt of this judgment and order. Send down the records of this case at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 140. ......f the Chairman is made defendant in the suit, is a technical objection. It is posited here that the contention raised is a question of maintainability which does not come within the four walls of the provisions of Order VII Rule-II of the Code and this question of maintainability can be agitate..Category: Civil Law | Date: 12 Sep, 2007 | Hits: 3
M. A. Jaher and others Vs. Sonali Bank and others, 2007, 36 CLC (HCD)
....r before the Artha Rin Adalat concerned within 30 days from the date of receipt of the copy of this judgment by that Adalat. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 64. ......annexed thereto. From the certified copies of the order passed in execution case, the annexure-c it appears that attempts were made to sell the mortgaged property in auction in compliance with the provisions of section 33 of the Artha Rin Adalat Ain, 2003, but the mortgaged property could not be..Category: Civil Law | Date: 11 Sep, 2007 | Hits: 6
Mosharraf Hossain (Md.) Vs. Bangladesh Bank and another, 2007, 36 CLC (HCD)
....find no merit in this Rule. Accordingly, the Rule is discharged without any order as to costs. The order of stay stands vacated. Ed. This Case is also Reported in: 13 BLC (HCD) (2008)98. ......uthority after examining the reply found it to be unsatisfactory and thus cancelled the licence of the petitioner in accordance with the terms and conditions of the licence and in accordance with the provisions of FC Circular No.2 of 1997 and Foreign Exchange Regulation Act, 1947 and so, the impugne..Category: Banking Law | Date: 3 Sep, 2007 | Hits: 403
BRAC Printers Vs. Chairman, First Labour Court and another, 2007, 36 CLC (HCD)
....arged without any order as to costs. The order of stay passed at the time of issuance of the Rule is hereby recalled and vacated Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 25. ......so not maintainable under section 25(1)(b) of the Act because admittedly, their grievances for the alleged termination have already been raised and taken cognizance of as industrial dispute under the provisions of the Ordinance and as such, the cases of these respondents were liable to be dismissed ..Category: Labour and Industrial Law | Date: 28 Aug, 2007 | Hits: 19
Isahaque Ali (Md.) and others Vs. State, 2007, 36 CLC (HCD)
....examining the accused with reference to incriminating circumstances appearing against him in prosecution evidence is not for observance of a ritual in a trial nor is it a mere formality, it is the mandatory provision from procedural law and a departure from fundaÂmental principles of section 34......e, who are already on bail by this Division, are discharged from their respective bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 354. ..Category: Criminal Law | Date: 16 Aug, 2007 | Hits: 9
Mrs. Fatema Begum Vs. State, 2007, 36 CLC (HCD)
....t of the complainant to the police officer or person authorised in that behalf for recording the information has failed and prima facie case is made out in support of the complaint in that case it is mandatory upon the Tribunal to take cognizance of particular offence on the basis of the report and ......om the date of receipt of this order in accordance with law after giving opportunity of hearing to the complainant petitioner. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 502. ..Category: Women and Children | Date: 13 Aug, 2007 | Hits: 21
Islam Enterprise Vs. Commissioner of Taxes and another, 2007, 36 CLC (HCD)
....e applications under section 173 of the Ordinance in the negative and against the revenue and in favour of the applicants. No costs. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 425. ......ssed by it so as to correct any error apparent from the record either of its own motion or on the error having been brought to its notice by the assessee or any other income tax authority and all the provisions of this Ordinance as may be applicable shall have effect accordingly" (underlined by us) ..Category: Fiscal/Taxation Law | Date: 9 Aug, 2007 | Hits: 31
....ion of section 12(2) of the Act and hence the proceeding is without lawful authority. Finally, the learned Advocate submits that since the petitioner did not borrow any money from the bank and as per mandatory provisions of section 9(1) (jha) of the Bankruptcy Act no notice/summon was served upon th......tion 12(2) of the Act and hence the proceeding is without lawful authority. Finally, the learned Advocate submits that since the petitioner did not borrow any money from the bank and as per mandatory provisions of section 9(1) (jha) of the Bankruptcy Act no notice/summon was served upon the petition..
Category: Banking Law | Date: 9 Aug, 2007 | Hits: 565
Chairman, Rajdhani Unnayan Kartripakkha (RAJUK) Vs. A Rouf Chowdhury and others, 2007, 36 CLC (AD)
....ed any notice; that clearance of various authorities was mandatorily required to be obtained prior to a plan being approved, inasmuch as Rule 26 of the Building Construction Rules make it obligatory/ mandatory to obtain clearance of the Civil Aviation Authority, the High Court Division was wrong in ......ime being during the subsistence of the emergency and, as such, the hearing of these appeals are liable to be adjourned. In building up the submission, the learned Counsel while referring to the said provisions of law has sought to fortify himself with the cause title of the writ petition mentioning..Category: Property Law | Date: 2 Aug, 2007 | Hits: 114
Al-Haj Abdul Maleque Gazi Vs. Government of Bangladesh, 2007, 36 CLC (HCD)
....e case, we do not find any substance in the instant Rule. The Rule is therefore, discharged without any order as to costs. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 184. ......quisition of Immovable Property Act, 1982. Section 13 of the Acquisition and Requisition of Immovable Property Ordinance runs thus: "13. Acquisition of part of a house or buildings.- The provisions of this Part shall not be applied for the purpose of acquiring a part only of any house, ..Category: Evidence Law | Date: 3 Jun, 2007 | Hits: 10
State Vs. Yeasin Khan Palash, 2007, 36 CLC (HCD)
.... the Code of Criminal Procedure is rejected. Let a copy of the judgment along with the Lower Court's record be sent down at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 469. ...... acted upon on the ground the injured person does not usually allow the real culprit to escape and falsely implicate an innocent person. 25. The learned Deputy Attorney General after referring the provisions of section 16 of the Druta Bichar Tribunal Ain, 2002 submits that the learned trial Judge..Category: Criminal Law | Date: 3 Jun, 2007 | Hits: 20
State Vs. Monir Hossain & another persons, 2007, 36 CLC (HCD)
....ourt below, District Magistrate, Manikganj and Superintendent of Police, Manikganj at once for information and necessary action. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 455 ......eady died in the interregnum and has been excluded from the list of the accused facing trial. Ultimately the learned Judge of the Tribunal has referred the matter to the High court Division under the provisions of section 374 of the Code of Criminal Procedure for confirmation of sentence of death pe..Category: Criminal Law | Date: 27 May, 2007 | Hits: 5
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