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....id input VAT at the time of import. Under section 9(1) of the VAT Act, it is entitled to credit the rebate of said VAT and accordingly, credited said VAT in the Current Account.
23. On the other hand, the VAT authority cancelled such credit saying that such rebate was not available without perm......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.
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Category: Fiscal/Taxation Law | Date: 26 Nov, 2007 | Hits: 9
Mrs. Zakia Doha Vs. Rajdhani Unnayan Kartipakha, 2007, 36 CLC (HCD)
....n 14.12.1970, the owner Mrs. Atia Siddiqui out of natural love and affection made an oral gift of the case property to the petitioner in presence of witnesses according to the Mohammedan Law and handed over the relevant papers in reject of the said property to the donee which she accepted. On t......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. ..Category: Abandoned Properties Law | Date: 15 Nov, 2007 | Hits: 6
....ated by Punch Machine and given to the other Assistant of the section (Treasury Speed Section or Delivery Section). This Assistant keeps the 2nd copy of the Assessment Notice in the Speed Section and hands over the original copy of Assessment Notice to the C and F Agent. He also gives the 1st and 2n......omes due after such final assessment is paid in cash within a period of two months of receipt of this order.
Communicate at once.
Ed.
This Case is also Reported in: 27 BLD (HCD) (2007) 555.
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Category: Fiscal/Taxation Law | Date: 17 Sep, 2007 | Hits: 66
Nazir Hossain (Md.) Vs. Zubaed Md. Adel and others, 2007, 36 CLC (HCD)
.... reported in 7 BLC 54 and Yousuf Bepari Vs. State reported in 10 BLC (AD) 146. 7. Mr. Abdur Razak Khan, learned AdvoÂcate, appearing for the acquitted accused oppoÂsite parties, on the other hand, submits that, prosecution through interested persons tried to prove a false case in Court but......nt and the relation of the inforÂmant were sitting in a small room and two persons wearing white clothes, writting down something dictated by the informant. After 20 minutes, he re-writes the said note taken by the white dressed men which is the first information report. 21. On cross by Zub..Category: Criminal Law | Date: 5 Sep, 2007 | Hits: 8
Mosharraf Hossain (Md.) Vs. Bangladesh Bank and another, 2007, 36 CLC (HCD)
.... 24. We have also considered the decision as referred by Mr. Chowdhury but the facts and circumstances of the said decision are distinguishable and so not applicable in this case. 25. On the other hand, the decisions as referred by Mr. Mollah (vide Annexure-A3, A4 and A5 to the supplementary affi......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. ..Category: Banking Law | Date: 3 Sep, 2007 | Hits: 403
BRAC Printers Vs. Chairman, First Labour Court and another, 2007, 36 CLC (HCD)
.... the respondents-workers is in reality victimization of the workers for their trade union activities. Therefore, the principle expressed in the case reported in 28 DLR (AD) 190 applies to the case in hand. In the case of Chairman, Bangladesh Machine Tools Factory Ltd. Vs. Chairman 2nd, Labour Court ......eged to have been terminated for his trade union activities or unless the worker concerned has been deprived of the benefits specified in that section. (emphasis supplied) 20. It is important to note here that this proviso was amended by Ordinance No.16 of 1985. Before amendment, the proviso wa..Category: Labour and Industrial Law | Date: 28 Aug, 2007 | Hits: 19
Isahaque Ali (Md.) and others Vs. State, 2007, 36 CLC (HCD)
....s house with bad intention to damage the modesÂty of his wife, Monowara Begum. It is further stated that accused Enamul came there and tried his level best to snatch away the accused Aza from his hands but failed; that the accused Enamul called others to make accused Aza free; that the witnesse......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
State Vs. Tipu Gazi and others, 2007, 36 CLC (HCD)
....nd 172 of 2005 are disposed of. Lawyers Involved: Yusuf Hossain Humayun with Mostafa Jamal, Advocates-For the Condemned-Prisoners. Md. Abu Bakar Siddiqui, Deputy Attorney-General with Khandaker Aminul Haque Assistant Attorney-General Nowazish Ara Begum, Assistant Attorney-General-For ......ut the truth of the dying declaration allegedly made by the deceased to his father P.W.1 Mokbul Gazi, his mother P.W.3 Lal Vanu, his brother P.W.3 Jahurul Islam and also to P.W.2 Faisal. We have also noted that when the said P.W.2 returned to the place of occurrence by taking with him the aforesaid ..Category: Criminal Law | Date: 15 Aug, 2007 | Hits: 26
Mrs. Fatema Begum Vs. State, 2007, 36 CLC (HCD)
.... examine any person as neutral witness which cannot form the basis of the Enquiry report…………………………(9) Lawyers Involved: Manzil Murshid-For the Petitioner. Khandaker Diluruzzaman, Assistant Attorney-General with Salma Rahman, Assistant Attorney-General-For ......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)
....ficer, Bahawalpur (1966) 18 DLR (SC) 487; M/S. Inland Navigation Co. Ltd. of Chittagong Vs. The Income Tax Officer, Companies Circle, Chittagong (1967) 19 DLR 871; Commissioner of Income-Tax Vs. Khemchand Ramdas (1938) 6 ITR 414 PC; Venkatachalam Vs. Bombay Dyeing and Manufacturing Co. Ltd. (1958) 3......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. ..Category: Fiscal/Taxation Law | Date: 9 Aug, 2007 | Hits: 31
State Vs. Saidul and others, 2007, 36 CLC (HCD)
....ng in the said shoe factory of P.W.18, Lalu and while they were asleep, the accused Saidul, Adel and Badil entered into the factory early in the morning of 9-4-2002 at about 5-30 AM and tied up their hands and feet and assaulted them there and thereafter, set fire on their body by pouring petrol on ......ted in connection with any other case. Let the Lower Court Record along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 739. ..Category: Criminal Law | Date: 9 Aug, 2007 | Hits: 25
....t no notice/summon was served upon the petitioner and as such the impugned Judgment and decree so far it relates to the petitioner is liable to be set aside.
4. Mr. Md. Mamnur Rashid, on the other hand, appearing on behalf of the Respondent-bank by filing an affidavit-in-Opposition opposes the Ru......ny order as to costs. The order of stay granted at the time of issuance of the rule stands vacated.
Communicate the order at once.
Ed.
This Case is also Reported in: 14 MLR (HCD) (2009) 29.
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Category: Banking Law | Date: 9 Aug, 2007 | Hits: 565
Chairman, Rajdhani Unnayan Kartripakkha (RAJUK) Vs. A Rouf Chowdhury and others, 2007, 36 CLC (AD)
.... Cases Referred to- Dr. Ashok Kumar Maheshwari vs State of UP, AIR 1998 SC 966; B Rama Rao vs Government of AP, 1995 Supp (1) SCC 153; Yabbacom vs King, 1899 1 King Bench 444; Union Territory, Chandigarh Admn vs Managing Society Goswami, DGSCE, AIR 1996 SC 1759; K Ramdas Shenoy vs Chief Office......ther RAJUK acted within its lawful authority in passing the impugned letters while cancelling the sanction granted on 18-2-1993 for construction of a 22-storied building. It would also be relevant to note that the Rajdhani Unnayan Kartripakkha (RAJUK) was set up under the Town Improvement Act, 1953 ..Category: Property Law | Date: 2 Aug, 2007 | Hits: 114
Abdul Majid (Md.) Vs. State, 2007, 36 CLC (HCD)
....orted about the incident of rape to her mother, brother Mohsin and Chairman Shamsur Rahman but they were not cited as witness in this case. She also admitted that the accused Majid had no arms in his hand while he was committing rape and the night was dark and there was no light in the hut. The info......ith if not wanted in connection with any other case. Lower Court's record be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 52. ..Category: Women and Children | Date: 24 Jul, 2007 | Hits: 159
Md. Hanifa and another Vs. State, 2007, 36 CLC (HCD)
....d and took away the deceased victim Mainuddin from his house. Finally, the learned Advocate submits that the investigation of the case has been going on over a period of 10 months and on the other hand, old aged parents of the petitioners are suffering from ailment as well as mental anxiety for ......302/34 of the Penal Code, now pending in the Court of Magistrate, 1st Class, Narsingdi. Communicate the order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 66. ..Category: Criminal Law | Date: 17 Jul, 2007 | Hits: 3
Roni Ahmed Liton @ Liton Ahmed Roni Vs. State, 2007, 36 CLC (HCD)
....matter and it was settled that the accused will pay 60,000 as dowry and also give 5 Kedar of land, but the terms of compromise was not complied with fully. Hence this case. 4. SI Niranjit Kumar Chandra took up the investigation who visited the place of occurrence, prepared sketch map with separ...... in any other case. Send down the LCR along with copy of the judgment expeditiously. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 147,29 BLD (HCD) (2009) 386. ..Category: Women and Children | Date: 3 Jun, 2007 | Hits: 14
State Vs. Yeasin Khan Palash, 2007, 36 CLC (HCD)
....§‡ পড়েছে" and then they made fire simultaneously aiming the car and at this stage Kala Palash came from the left side and fired at Mizan. This witness further on showing injury marks on his hand, chest and back stated that he sustained 7 (seven) gunshot injuries on his person. This witness......d their innocence by filing separate written statements and declined to adduce any evidence. 11. The result of the trial, Death Reference and the Jail Appeal and Criminal Appeals have already been noted. 12. Mr. Md. Munsurul Hoque Chowdhury, the learned Advocate appearing for the condemned pri..Category: Criminal Law | Date: 3 Jun, 2007 | Hits: 20
State Vs. Monir Hossain & another persons, 2007, 36 CLC (HCD)
....dhury and Labu Mollik made their appearance there in order to protect the accused and they did not allow the other witnesses to go to the place of occurrence to rescue the deceased from the hand of the accused-persons. 5. However, the seriously injured Kabul Kha was taken to Manikganj......cies in the statements which is very normal, but none of them are found to have been lacking to identify the accused-persons who inflicted the injuries on the person of the deceased. It is also to be noted that the evidence of these eye-witnesses leave no doubt in any one's mind since all of the..Category: Criminal Law | Date: 27 May, 2007 | Hits: 5
Shamsur Rahman Khalifa Vs. Jagodish Chandra and Others, 2007, 36 CLC (HCD)
....Court High Court Division (Civil Revisional Jurisdiction) Present: Shahidul Islam J Shamsur Rahman Khalifa......................Plaintiff-Petitioner Vs. Jagodish Chandra and Others.....................Defendants-Opposite Parties Judgment May 27, 2007. ...... at once. The defendants are restrained permanently from interfering with the peaceful possession of the plaintiff in the suit. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 873. ..Category: Property Law | Date: 27 May, 2007 | Hits: 9
Bangladesh Vs. Chairman, First Court of Settlement and another, 2007, 36 CLC (HCD)
....t. The order of stay granted earlier by this Court stands vacated. Send down the record to the concerned Court. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 153. ......bandoned property within the meaning of Article 2 of President's Order No. 16 of 1972. The Government controls and manages the case property by allotment to DN holder M. Waziullah by issuing demand note to him. Subsequently, the case property was sold by the Government to him at a consideration ..Category: Property Law | Date: 6 May, 2007 | Hits: 5
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