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Peoples Insurance Company Limited Vs. Commissioner of Taxes, 2014, 43 CLC (HCD)
....ant Attorney General Mr. Saikat Basu, appeared on behalf of the Taxes Department and filed the affidavit-in-opposition wherein it has been categorically asserted that the DCT concern upon finding the excess perquisite, excess management of expenses, excess depreciation and less income from the sale ......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: ..Category: Fiscal/Taxation Law | Date: 24 Jul, 2014 | Hits: 0
J.S.M. Glass Industries Limited Vs. Deputy Commissioner of Taxes, 2014, 43 CLC (HCD)
....unt was deposited through two challans terming the same as deducted AIT from the gas bills to be paid to Titas Gas (T&D) Co. Ltd., for the assessment year 2004-2005 and 2005-2006 and that being a excess payment, the application filed by the assessee-writ petitioner to the National Board of Reven......at their end, supplied by the Assessee-writ petitioner. 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: 23 Jul, 2014 | Hits: 0
.... the imported goods on payment of the assessed duty and he neither preferred an appeal against the order of assessment under section 193 of the Act nor filed any application for refund of the alleged excess duty under section 33 of the Act nor gave any explanation for non filing of any appeal or app......from china at US $ 210 C & F value per metric ton. On arrival of the goods at the port the respondent submitted Bill of Entry and other import documents to the Customs Authority for assessment of duty at 15% ad velorem and for release part of the imported goods i.e. 964 metric tons, but the Appr..
Category: Constitutional Law, Fiscal/Taxation Law | Date: 22 Jul, 2014 | Hits: 6
Md. Jafar Ullah Vs. Bangladesh, 2014, 43 CLC (HCD)
.... given is hereby vacated. Communicate copies of this judgment to the respondents at once. Md. Badruzzaman J.- I agree. Ed.66 This Case is also Reported in: DLR (2014) (HCD) 380 ......ct for the purpose of such programs. g) action or drive by police and other agencies competent so to take, against acts prohibited and punishable under law are taken as a matter of course and of duty under law. Law does not permit interference into agency-actions against crimes and anti-social ..Category: Others | Date: 28 Jun, 2014 | Hits: 91
State Vs. Md. Sajjad Ali, 2014, 43 CLC (HCD)
....nection with any other case. Send down the lower Court records with a copy of this judgment to the concerned Court at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 161 ......r. SM Shahjahan, the learned Advocate appearing on behalf of the condemned prisoner contends that when an accused is brought before the Court with the allegation that the accused is insane, the first duty of the Court is to ascertain whether the accused is really insane or not. In support of hi..Category: Criminal Law | Date: 16 Jun, 2014 | Hits: 15
Mohoshin Miah (Md.) Vs. State and another, 2014, 43 CLC (HCD)
....d order along with the lower Court's record be sent to the concerned Court for information and necessary action. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 114 ...... and every law and Rule is enacted in a civilized society to obey it and to serve the best purpose of the people and not to violate it and if the law enforcing agency who have been entrusted with the duty to enforce the law and Rules of the country ignore the same, what is the necessity for the enac..Category: Anti-Corruption Laws, Criminal Law | Date: 10 Jun, 2014 | Hits: 8
Khandker Abul Hashem Vs. The Commissioner of Taxes, 2014, 43 CLC (HCD)
....e Court of Bangladesh is directed to take steps under section 161(2) of the Income Tax Ordinance, 1984. S.H. Md. Nurul Huda Jaigirdar J. - I agree. Ed. This Case is also Reported in: ...... 21. We have also carefully studied the decision as referred to by the learned Assistant Attorney General and we do not differ with the view taken in the aforesaid decisions that an assessee has a duty to disclose fully and truly all matters relating to the income derived by him from any source t..Category: Fiscal/Taxation Law | Date: 9 Jun, 2014 | Hits: 3
Khandker Abul Hashem Vs. Commissioner of Taxes, 2014, 43 CLC (HCD)
....angladesh is directed to take steps under section 161(2) of the Income Tax Ordinance, 1984. S.H. Md. Nurul Huda Jaigirdar J. - I agree. Ed. This Case is also Reported in: ...... 21. We have also carefully studied the decision as referred to by the learned Assistant Attorney General and we do not differ with the view taken in the aforesaid decisions that an assessee has a duty to disclose fully and truly all matters relating to the income derived by him from any source t..Category: Fiscal/Taxation Law | Date: 9 Jun, 2014 | Hits: 5
....hrough arbitration expeditiously.
The order of injunction granted earlier by the trial Court is hereby vacated.
Ed.
This Case is also Reported in: 15 BLC (HCD) (2010) 330
......ng of Orders.
2. As soon as the Chairman has determined a timetable for proceedings, it shall notify the parties.
3. The parties have a duty to do all things necessary for the proper and expeditious conduct of the proceedings, including..
Category: Arbitration Law, Civil Law, Procedural Law | Date: 28 May, 2014 | Hits: 7
....n 29-6-1991 vide Memo No.আই/সৈয়দ/পরি-১/৯০-৯১/১৯৯৯ claiming that a sum of Taka 38,901,94 (Taka Thirty Eight Lakhs Nine Hundred One and Ninety Four) only was paid in excess to the petitioner as salary and other allowances without absorbing him in the post of SSAE, b......trative Appellate Tribunal, but for other grounds discussed above. Accordingly, the petition is dismissed.
Ed.
This Case is also Reported in: 67 DLR (AD) (2015) 127.
..
Category: Administrative Law | Date: 25 May, 2014 | Hits: 9
State and another Vs. Abdul Kader @ Mobile Kader and others, 2014, 43 CLC (AD)
.... under sections 302/120B of the Penal Code and he be released from Jail at once, if not wanted, in connection with any other case. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 6. ...... that he would take the responsibility. Accused-Thandu Member told accused-Mobile Quader not to think over the matter and asked all to cooperate and further told that accused-Lawrence would carry the duty (in the deposition sheet, in Bangla, it has been recorded as ।‘আসামী ল..Category: Criminal Law | Date: 14 May, 2014 | Hits: 16
Md. Abul Bashar Vs. Government of Bangladesh, 2014, 43 CLC (HCD)
....l effect. The order of stay granted earlier is hereby vacated. There would, however, be no order as to cost. Md. Badruzzaman J. - I agree Ed. This Case is also Reported in: ......e Nikah Registrar and neither the principle of natural justice nor the question of vested right can be called in aid to qualify, impair or circumscribe the power of the Government in carrying out its duty under law. This is a view which, by no stretch of imagination, can be construed to mean arbitra..Category: Administrative Law, Constitutional Law | Date: 4 May, 2014 | Hits: 5
Ayub Hossain Khan (Md.) Vs. Bangladesh and others, 2014, 43 CLC (AD)
....the learned Advocate and his client resorted to clear fraud upon the Court for which they deserve to be reprimanded. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 215. ...... lessees who turned unauthorised occupant after the expiry of the tenure of the lease (VI) the word "shall" has been inserted in both clauses 5 and 6 meaningfully to indicate that it is the duty of the lessee to vacate the property at the end of the stipulated tenure, it is his obligation ..Category: Civil Law, Property Law | Date: 4 May, 2014 | Hits: 20
Chittagong Steel Mills Ltd and another Vs. MEC, Dhaka & others, 2014, 43 CLC (AD)
....eived, untenable and incorrect and in this view of the matter, the arbitrators committed gross misconduct by awarding Taka 58,00,000 (Taka 14.50 lakhs + Taka 43.50 lakhs = Taka 58,00,000) which is in excess of the claim made by the respondent in the Legal Notice dated 18-10-94 as well as in their ap......e do not find any substance in this appeal. Accordingly, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 66 DLR (AD) (2014)246. ..Category: Civil Law | Date: 23 Apr, 2014 | Hits: 10
Ibrahim Vs. State, 2014, 43 CLC (HCD)
....m be set at liberty if not detained in any other case. The Office is directed to send down the records at once. Ed. This Case is also Reported in: 20 BLC (HCD) (2015) 289 ......om the prosecution. 56. Moreso in all respect, the convict is also entitled to benefit of doubt. In the case of Safder Ali Vs. Crown 5 DLR (FC) 107 held: "In a criminal case, it is the duty of the Court to review the entire evidence that has been produced by the prosecution and the de..Category: Evidence Law, Women and Children | Date: 16 Apr, 2014 | Hits: 17
AZM Tajul Islam vs. Government of Bangladesh and others, 2014, 43 CLC (HCD)
....seniority and experience, on the basis of the ACR within 15 days of receipt of this judgment and order. Ed. This Case is also Reported in: 20 BLC (HCD) (2015) 266. ......the authority did not treat all its employees equally. In AKM Kawser Ahmed Vs. Bangladesh, 65 DLR 377, it was observed inter alia that: The doctrine or legitimate expectation imposes in spirit a duty on public authority to act fairly by taking into consideration all relevant factors relati..Category: Administrative Law | Date: 3 Apr, 2014 | Hits: 6
....from April 2011, within 2(two) weeks from the date of receipt of this judgment.
Communicate copies of the judgment at once.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 46.
......nbsp;
Result:
The Rule is made absolute
Constitution of Bangladesh, 1972; Article 102(2)
The nature of order stopping salary, allowances and keeping off the indicted employee from duty is unheard of and not known to law. Law provides entitlement of allowance to the public servant..
Category: Constitutional Law, Employment/Service Law | Date: 13 Mar, 2014 | Hits: 6
Amirul Islam (Md.) Vs. Commissioner of Customs Chittagong and others, 2014, 43 CLC (HCD)
.... order positively. In the result, the rule is disposed of with direction as made above. Communicate this order at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 94 ......etitioner covered under L/C No. 1081-1101-0300 dated 20-9-2011 Invoice No. 20117 2703/Exp dated 21-10-2011, CRF No. BV111 Idob29 dated 27-10-2011 and Bill of Entry No.C-138590 dated 10-11-2011 and to duty in accordance with the relevant provision of Customs Duty Assessment (Determination of Value of..Category: Fiscal/Taxation Law | Date: 5 Mar, 2014 | Hits: 8
Hafiz Ahmed Mazumder Vs. Pubali Bank Limited, 2014, 43 CLC (HCD)
....me of admission of this petition is hereby vacated. The parties will bear their respective cost. This Case is also Reported in: 66 DLR (HCD) (2014) 234 ......raised as disqualification. All disputes, what so ever, that may arise in the course of the meeting shall be resolved in such manner as the chairman of the meeting may direct." Therefore, it was duty of the scrutiny committee of the Election Commission to ensure that the candidates are not disq..Category: Banking Law, Corporate Law | Date: 25 Feb, 2014 | Hits: 9
Moklesur Rahman (Md.) and another Vs. Government of Bangladesh and others, 2014, CLC (AD)
....hereinbefore. The Artha Rin execution case in question (No.560 of 2004) shall stand satisfied accordingly. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 207. ......rs in paying the decretal dues leading to the auction sale of the mortgaged property. He has submitted that besides paying the bid money, the auction purchasers have also paid Taka 1, 35,300 as stamp duty and Taka 45,120 as poundage fee. He has further submitted that the auction purchasers also..Category: Others | Date: 24 Feb, 2014 | Hits: 15
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