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Mosharaf Hossain (Md.) Vs. Bangladesh and others, 2015, 44 CLC (HCD)

.... The Adalat below is directed to proceed with the execution of the decree in accordance with law. Communicate this at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 199 ......ip;…………..Respondents Judgment         February 17, 2015.        Result: The Rule is discharged. Sub-Sec­tions 6(Kha) And (7) of the Artha Rin Adalat Ain, 2003 are foll..

Category: Administrative Law, Others | Date: 17 Feb, 2015 | Hits: 4

Ali Haider Chowdhury Vs. State, represented by the DC, Dhaka and another, 2015, 44 CLC (AD)

.... proper appreciation of law and fact do not call for interference. Accordingly, this criminal petition is dismissed. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 147.   ......t and order dated 8-11-2012 passed by a Division Bench of the High Court Division in Criminal Miscellaneous Case No. 20499 of 2009 under section 561A of the Code of Criminal Procedure discharging the Rule. 2. The leave-petitioner herein, Ali Haider Chowdhury, filed an application before the Hig..

Category: Criminal Law | Date: 11 Feb, 2015 | Hits: 16

Shamvunath Karmaker and another Vs. State and another, 2015, 44 CLC (HCD)

....by recalled and vacated. The office is directed to communicate the judgment and order to the persons concerned immediately. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 320 ......n J Shamvunath Karmaker and another........Accused-Petitioners Vs. State and another......... .......Opposite Parties Judgment February 10, 2015.   Result: The Rule is discharged. Trap Case under Rule 16 of the Bidhimala — “ফাঁদ মা..

Category: Anti-Corruption Laws, Procedural Law | Date: 10 Feb, 2015 | Hits: 4

State Vs. Engineer Monjurui Ahsan Munshiand another, 2015, 44 CLC (AD)

....t afresh. The leave petitions are accordingly, dis­posed of with the above observations and direc­tions. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 149   ......unshi was put on trial before the Special Judge, 5th Court, Dhaka in Special Case No. 4 of 2007, for offences punishable under sections 26(2) and 27(1) of Durnity Daman Commission Ain, 2004 read with Rule 15(Gha) (5) of the Jaruri Khamata Bidhimala, 2007 and section 5(2) of the Prevention of Corrupt..

Category: Criminal Law | Date: 2 Feb, 2015 | Hits: 11

Islami Bank Bangladesh Limited, Head Office-40, Dilkusha C/A, Dhaka-1000 Vs. The Commissioner of Taxes, Audit Wing, Large Taxpayer’s Unit, Dhaka, 2015, 44 CLC (HCD)

.... Supreme Court of Bangladesh, is directed to take steps under section 161(2) of the Income Tax Ordinance, 1984. Md. Habibul Gani, J: I agree. Ed. This Case is also Reported in: ...... the Constitution………………… (17) The Income Tax Ordinance, 1984 (Ordinance No. XXXVI of 1984) Sections 2(45) and 2(58) The Income Tax Rules, 1984; Rule 33(1) Perquisites includes any sum payable by the employer, whether directly ..

Category: Fiscal/Taxation Law | Date: 11 Jan, 2015 | Hits: 1

Islami Bank Bangladesh Limited Vs. Commissioner of Taxes, 2015, 44 CLC (HCD)

....Court of Bangladesh, is directed to take steps under section 161(2) of the Income Tax Ordinance, 1984. Md. Habibul Gani J.- I agree. This Case is also Reported in:     ......Ahsanul Karim, Ehsan A. Siddiq—For the applicantRazik-Al-Jalil, DAG with Mahfuza Begum, AAG, Nurun Nahar, AAG—For the respondent. Income Tax Reference Application No.20 of 2005 (Rule No.132(Ref) of 2011) Income Tax Reference Application No.21 of 2005 (Rule No.142 (Re..

Category: Fiscal/Taxation Law | Date: 11 Jan, 2015 | Hits: 58

International Leasing and Financial Services Limited, represented by its Managing Director, Mr. Mustafizur Rahman of 5 Rajuk Avenue, Dhaka-1000 Vs. The Commissioner of Taxes, Taxes Zone-LTU, Dhaka, 2014, 43 CLC (HCD)

....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: ......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: 15 Dec, 2014 | Hits: 1

Astech Limited, represented by its Managing Director Mr. Ali Ahmed, 175, Jubilee Road (1st floor), Chittagong, Bangladesh Vs. Commissioner of Taxes, 2014, 43 CLC (HCD)

....ed in negative and in favour of the Assessee-applicant. However, there shall be no order as to costs. Md. Emdadul Haque Azad J: I agree. Ed. This Case is also Reported in: ......jecting the books of accounts and method of accounting regularly employed by the applicant. 3. Whether, in the facts and on the circumstances of the case, the Tribunal under section 159(2)/29(1) Rule-65 was justified in maintaining cancellation of free sample cancelled by the C.T(A) while the s..

Category: Fiscal/Taxation Law | Date: 15 Dec, 2014 | Hits: 1

Singer Bangladesh Ltd Vs. National Board of Bangladesh, 2014, 43 CLC (HCD)

....copy of this judgment be sent to the office of the Comptroller and Auditor General for future reference and guidance. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 73   ......er J Singer Bangladesh Ltd and 21 another ........Petitioner Vs. National Board of Bangladesh.............. Respondents Judgment December 15, 2014. Result: All the Rules are made absolute. Value Added Tax Act (XXII of 1991); Sections 26(Ka), 35 and 36 Th..

Category: Constitutional Law, Fiscal/Taxation Law | Date: 15 Dec, 2014 | Hits: 5

One Bank Limited, represented by its Managing Director: Mr. M. Fakhrul Alam, HRC. Bhaban, 46, Kawran Bazar, Dhaka, Bangladesh Vs. Commissioner of Taxes, 2014, 43 CLC (HCD)

....9. Accordingly the application praying for review is allowed. However, there shall be no order as to cost. Md. Emdadul Haque Azad, J: I agree. Ed. This Case is also Reported in: ...... Judgment December 14, 2014 Result: The application praying for review is allowed. The Income Tax Ordinance, 1984 (Ordinance No. XXXVI of 1984);Section 2(45) The Income Tax Rules, 1984; Rules 33 and 33A  Section 2(45) of the Income Tax Ordinance 1984 defines &lsq..

Category: Fiscal/Taxation Law | Date: 14 Dec, 2014 | Hits: 0

A Hakim Gazi and others Vs. Md. Nasiruddin, Assistant Vice President/Manager and others, 2014, 43 CLC (HCD)

....oth on facts and law, upon evidences adduced by the parties. Send down the copy of the judgment to the court below at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 218 ...... Md. Nasiruddin, Assistant Vice President/Manager and others......Defendant-Respondents Judgment December 11, 2014. Result: First Miscellaneous Appeal is disposed of. Civil Rule No. 647(FM) of 2012 is accordingly disposed of. Bank’s Legal Power to Deal with Mort..

Category: Constitutional Law, Contract Law | Date: 11 Dec, 2014 | Hits: 8

Ferdous Ara Zainul Vs. Mahmuda Khatun and others, 2014, 43 CLC (HCD)

....the date of receipt of this order, without allowing any application for adjournment if filed by any of the parties to the suit. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 149. ......nbsp; Ferdous Ara Zainul.............................Petitioner Vs. Mahmuda Khatun and others..............Opposite Parties Judgment December 11, 2014. Result: The Rule is made absolute. Case Referred to- Salauddin Vs. MA Hai 63 DLR (AD) 138; Burmah East..

Category: Civil Law, Procedural Law | Date: 11 Dec, 2014 | Hits: 19

Mostafa Kamal Sazu and oth¬ers Vs. Secretary, Ministry of Finance, Bangladesh Secretariat, and others, 2014, 43 CLC (HCD)

....s from the date of receipt of this judgment. Let a copy of this judgment be forwarded to the concerned respondents at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 251 ......d oth­ers................Petitioners Vs. Secretary, Ministry of Finance, Bangladesh Secretariat, and others....... Respondents Judgment December 8, 2014 Result: The Rule Nisi is made absolute. Constitution of Bangladesh, 1972; Articles 27, 31, 36 & 40 ..

Category: Constitutional Law, Fiscal/Taxation Law | Date: 8 Dec, 2014 | Hits: 3

Sonali Bank Limited Vs. UT Garments Limited and others, 2014, 43 CLC (HCD)

.... In the result, the rule is discharged with­out any order as to costs. Communicate this order at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 265.   ......ies before it including execution of its decree insofar as it is not inconsistent with the provisions of section 6(Ka) or any other provisions of the Ain. Section 6(Ka), has excluded the operation of Rules 3, 5, 6, 7, 8 and 9 in matters of execution of any decree. Artha Rin Adalat shall execute its ..

Category: Banking Law | Date: 4 Dec, 2014 | Hits: 4

Oxinel Services Pte. Ltd Vs. SOM Kalimullah, MD, Bangla¬desh Telecommunication Com¬pany Limited (BTCL) and others, 2014, 43 CLC (HCD)

....s. SOM Kalimullah, MD, Bangla­desh Telecommunication Com­pany Limited (BTCL) and others..............Respondents Judgment December 4, 2014. Result: The Rule issued in Contempt Petition No. 2 of 2014 is made absolute-in-part. The Suo moto Rule No. 2 of 2014 is di......titioner Vs. SOM Kalimullah, MD, Bangla­desh Telecommunication Com­pany Limited (BTCL) and others..............Respondents Judgment December 4, 2014. Result: The Rule issued in Contempt Petition No. 2 of 2014 is made absolute-in-part. The Suo moto Rule No. ..

Category: Constitutional Law, Contempt of Court Law | Date: 4 Dec, 2014 | Hits: 10

A Kader Zilani (Md.) Vs. State and another, 2014, 43 CLC (HCD)

....ment and 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) 130 ...... for his personal gain...... (51) Time Limit for The Investigation of the Case is Simply Directory in Nature and Not the Mandatory Provisions of Law— So far the time limit is concerned the Rule prescribes to conclude the investigation within 60 'days in two phas­es or two tires bu..

Category: Anti-Corruption Laws | Date: 3 Dec, 2014 | Hits: 11

Shariful Alam (Babu) (Md.) Vs. State and another, 2014, 43 CLC (HCD)

....sfaction of the trial Court till conclusion of the trial. Let a copy of this order be sent to the Court concerned with LCR. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 182 ......cate—For the Opposite No. 2 Zahirul Hoque Zahir, DAG with Salma Rahman, AAG—For the State. Criminal Revision No. 580 of 2013. Judgment ANM Bashir Ullah J. — This Rule under sec­tion 439 read with section 435 of the Code of Criminal Procedure (in short, the C..

Category: Criminal Law | Date: 2 Dec, 2014 | Hits: 9

Government of Bangladesh and others Vs. Md. Mojibul Haque & others, 2014, 43 CLC (AD)

....in the light of the observations, the findings and the decisions given in the civil appeals. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 177.       ...... was of no legal effect and also for direction upon the writ-respondents to re-instate him in his service with all service benefits including the arrears. 6. In all the three writ petitions, the Rules Nisi were issued in terms of the prayers made by the respective petitioner(s). 7. The com..

Category: Constitutional Law, Employment/Service Law | Date: 25 Nov, 2014 | Hits: 20

A.K.M. Fazlul Haque and Others Vs. Privatization Commission and Others, 2014, 43 CLC (HCD)

...., the Rule is disposed of with the above observations made in the body of the judgment without any order as to costs. Ed. This Case is also Reported in: 68 DLR (HCD) (2015) 17   ......lip;……Appellants Vs.  Privatization Commission and Others………………Respondent Judgment November 20, 2014 Result: Rule is disposed of. The promotion of the Officers and Employees— Privatization Comm..

Category: Employment/Service Law | Date: 20 Nov, 2014 | Hits: 0

Molina Rani and others Vs. Gopal Goyala and another, 2014, 43 CLC (AD)

....ugned judgment and order of the High Court Division. Accordingly, the appeal is dismissed, without however any order as to costs. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 240 ......man Ali J .- This Civil Appeal, by leave, is directed against the judgment and order dated 15-6-2002 passed by a Single Bench, of the High Court Division in Civil Revision No. 5450 of 1998 making the Rule absolute. 2. The facts of the case, in brief, are that the respondent No. 1 as plaintiff f..

Category: Civil Law, Evidence Law | Date: 20 Nov, 2014 | Hits: 6