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Commissioner of Taxes Vs. Azmat Fashions Limited, 2014, 43 CLC (HCD)

.... is directed to take necessary steps under section 161(2) of the Income Tax Ordinance, 1984. Md. Habibul Gani J. - I agree. Ed. This Case is also Reported in:     ......dent Judgment November 10, 2014 Result: The question formulated to determination answered in the negative in favour of the department-applicant Lawyers Involved: Mahfuza Begum, AAG with Nurun Nahar, AAG—For the applicant in both the applications. Sarder Jinn......o. 496 of 2004 Income Tax Reference Application No. 539 of 2004 Zinat Ara J. - More or less an identical question of law has been raised in Income Tax Reference Applications No. 496 of 2004 and 539 of 2004 (hereinafter stated as the reference application). Therefore, the reference applicat......iction) Present: Zinat Ara J Md. Habibul Gani J The Commissioner of Taxes, Taxes Zone-1, Segun Bagicha, Dhaka…………………Applicant Vs. Azmat Fashions Limited, Plot No. M-2, Section-7, Mirpur, Dhaka..........................

Category: Fiscal/Taxation Law | Date: 10 Nov, 2014 | Hits: 9

Chowdhury Mohidul Haque Vs. Anti-Corruption Com¬mission and others, 2014, 43 CLC (AD)

.... illegality or infirmity in the impugned judgment and order and accordingly the civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 115. ......D) 62. Lawyers Involved: Moudud Ahmed, Senior Advocate instructed by Sufia Khatun, Advocate-on-Record—For the Petitioner. Md. Khurshid Alam Khan, Advocate, instructed by Mahmuda Begum Advocate-on-Record—For Respondent Nos. 1-5. None Represented—Respondent Nos. ...... (Civil) Present: Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Chowdhury Mohidul Haque................Petitioner Vs. Anti-Corruption Com­mission and others.............Respondents Judgment October 21, 2014. Result: The petiti......preme Court High Court Division (Civil) Present: Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Chowdhury Mohidul Haque................Petitioner Vs. Anti-Corruption Com­mission and others.............Respondents Judgment Octob..

Category: Civil Law | Date: 21 Oct, 2014 | Hits: 6

Shawkat Hossain (Md.) and another Vs. Golam Mohammad and another, 2014, 43 CLC (HCD)

....ith law. Send copy of this judgment to the appellate Court below along with the lower Court record, if not already sent back. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 27 ......anama. Their case is that the defen­dant No.1 purchased 0.0168 ajutangsa land from Shahana Bibi by a registered kabala dated 10-4-1984 and subsequently he transferred that land to his wife Rokeya Begum, the defendant No. 2 in lieu of dower money by registered deed dated 11-8-1987. The defendant ......ed in: 20 BLC (AD) (2015) 27 ...... High Court Division (Civil) Present: Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Shawkat Hossain (Md.) and another..................Appellants Vs. Golam Mohammad and another........................Respondents Judgment September..

Category: Evidence Law, Property Law | Date: 20 Sep, 2014 | Hits: 10

Payer Mohammed Vs. Deputy Commissioner of Taxes and others, 2014, 43 CLC (HCD)

....have been issued without lawful authority and is of no legal effect. Communicate the order at once to the respondent No. 1. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 31. ...... Cases Referred to- Abu Hena Mostafa Kamal Vs. Bangladesh, 63 DLR 334. Lawyers Involved: Mustafa Kamal Mansoor, Advocate-For the Petitioner. Md. Khurshedul Alam, DAG with Mahfuza Begum, AAG with Nurun Nahar, AAG—For the Respondents. Writ Petition No. 11671 of 2013. ......nt: Zinat Ara J Md. Habibul Gani J Payer Mohammed………………………….Petitioner Vs. Deputy Commissioner of Taxes and others.............Respondents Judgment September 15, 2014  Result: The......cial Original Jurisdiction) Present: Zinat Ara J Md. Habibul Gani J Payer Mohammed………………………….Petitioner Vs. Deputy Commissioner of Taxes and others.............Respondents Judgment Septembe..

Category: Fiscal/Taxation Law | Date: 15 Sep, 2014 | Hits: 9

Abul Bashar Chowkidar Vs. Abdul Mannan @ Khademul Islam and others, 2014, 43 CLC (AD)

....ence is found against him/her/them. With the above observations, this criminal petition for leave to appeal is disposed of. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 286. ......t on 20-2-2001 the petitioner as informant lodged a First Information Report (FIR) with the Chakaria Police Station against six accused per­sons namely Abdul Mannan, Abdul Hamid, Baharuddin, Buri Begum, Abdul Quader and Saber Ahmed alleging, inter-alia, that he had land dispute with the accused ......sent: Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Abul Bashar Chowkidar.......................................Petitioner Vs. Abdul Mannan @ Khademul Islam and others…………… Respondents Judgment September 11, 2014......nbsp;      Present: Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Abul Bashar Chowkidar.......................................Petitioner Vs. Abdul Mannan @ Khademul Islam and others…………… Respondent..

Category: Criminal Law, Procedural Law | Date: 11 Sep, 2014 | Hits: 34

Government of Bangladesh, represented by the Secretary, Ministry of Land and others Vs. Sharifun Nessa and others, 2014, 43 CLC (AD)

....sentatives, as the case may be, within 6(six) months from the date of receipt of a copy of the judgment. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 274.     ......to the original owners at present market price in view of the case referred to above. 21. Learned Deputy Attorney-General has cited the case of Al-Haj Abul Basher being dead his heirs: Hosne Ara Begum Vs. Bangladesh 50 DLR (AD) 11, in which, it has been held that mere non use of acquired land f......ppellate Division (Civil) Present: Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Government of Bangla­desh, represented by the Secretary, Ministry of Land and others.....................Appellants Vs. Sharifun Nessa and others…&hellip......azmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Government of Bangla­desh, represented by the Secretary, Ministry of Land and others.....................Appellants Vs. Sharifun Nessa and others………………Respondents J..

Category: Property Law | Date: 9 Sep, 2014 | Hits: 21

Government of Bangladesh, represented by the Secretary, Ministry of Education and others Vs. SM Humayun Kabir and another, 2014, 43 CLC (AD)

....Division, we do not find any substance in this civil petition for leave to appeal. Accordingly, this petition is dis­missed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 279. ......Serv. LJ 422 (HP); Jairam Vs. Union of India, 1954 (SC) 584; Raj Kumar Vs. Union of India, AIR 1969(SC) 180. Lawyers Involved: Rajik-al-Jalil, Deputy Attorney General, instructed by Mahmuda Begum, Advocate-on-Record—For the Petitioners. Akther Immam, Senior Advocate, instructed ......ellate Division (Civil) Present: Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Government of Bangladesh, represented by the Secretary, Ministry of Education and others......................Petitioners Vs. SM Humayun Kabir and another....................azmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Government of Bangladesh, represented by the Secretary, Ministry of Education and others......................Petitioners Vs. SM Humayun Kabir and another.................Respondents Judgment September 7, 20..

Category: Administrative Law | Date: 7 Sep, 2014 | Hits: 20

State Vs. Robin, 2014, 43 CLC (AD)

.... with law. The accused respondent Robin be enlarged on bail to the satisfaction of the trial Court till conclusion of the trial. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 272. ......ch of the High Court Division in Criminal Miscellaneous Case No.20704 of 2010 making 5 the Rule absolute. 2.The facts relevant for disposal of the instant criminal petition are that one Kohinoor Begum, daughter of Jalil Dewan, as informant lodged a First Information Report (FIR) with Borhanuddi...............Petitioner Vs. Robin............................Respondent Judgment July 24, 2014. Result: The petition is disposed of. Contradiction between F.I.R. lodged and evidence When there exists serious contradiction between F.I.R. lodged by the victim and hi...... ..

Category: Criminal Law, Women and Children | Date: 24 Jul, 2014 | Hits: 16

Mahabur Sheikh alias Mahabur Vs. State, represented by the Deputy Commissioner, Narail, 2014, 43 CLC (HCD)

....n to interfere with the decision of the High Court Division. Accordingly, the criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 54. ......in her conjugal life. On 23-9-2003 at about 9-00 pm on getting information that the accused assaulted his wife Kohinoor for demand of dowry, the informant Md. Kamal Biswas being accompanied by Anwara Begum, Akter Biswas, Rejaul Sheikh and Salam Biswas rushed to the place of occurrence, i.e. the dwel......ecially within the knowl­edge of any person the burden of proving that fact is upon him. This principle has been applied in many cases where the wife has been found killed in the house of the husband where they reside together. In such circumstance, the husband will have to prove by positive evi...... Appellate Division (Criminal) Present: Syed Mahmud Hossain J Md. Imman Ali J Hasan Foez Siddique J Mahabur Sheikh alias Mahabur.......................Petitioner Vs. State, represented by the Deputy Commissioner, Narail.......Respondent Judgment J..

Category: Women and Children | Date: 20 Jun, 2014 | Hits: 15

Motiur Rahman and others Vs. Siddika Begum and Others, 2014, 43 CLC (HCD)

....ppeal No. 122 of 2009 is hereby upheld. The order of stay granted earlier by this court is vacated. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 179     ......rt High Court Division (Civil Appellate Jurisdiction) Present: FRM Nazmul Ahasan J   Motiur Rahman and others....................Petitioners Vs. Siddika Begum and Others...................Opposite-Parties Judgment June 16, 2014  &nbs......: 68 DLR (HCD) (2016) 179     ......p; ..

Category: Procedural Law | Date: 16 Jun, 2014 | Hits: 0

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 ......;erence and prays for allowing the jail appeal. 27. In order to prove the charge against the accused, the prosecution has examined as many as 15 witnesses in this case. 28. P.W.1 is Sadhina Begum. She is the informant and mother of the deceased. In her examination-in-chief she stated that ...... Md. Sajjad Ali...........................Condemned Prisoner Judgment June 16, 2014. Result: The Death Reference No.133 of 2008 rejected. Criminal Appeal No. 8657 of 2008 and the Jail Appeal No.30 of 2009 are allowed. Case Referred to- Mizazul Islam Dablu Vs. S...... Court High Court Division (Criminal Appellate Jurisdiction) Present: Quamrul Islam Siddique J AKM Zahirul Hoque J State.................................Petitioner Vs. Md. Sajjad Ali...........................Condemned Prisoner Judgment June 16, 201..

Category: Criminal Law | Date: 16 Jun, 2014 | Hits: 15

Engineer Abdul Md. Wadud Vs. State and another, 2014, 43 CLC (AD)

....se of the peti­tioner. We find no merit in the contention of the learned counsel. The petition is accordingly dis­missed. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 174 ......se of the peti­tioner. We find no merit in the contention of the learned counsel. The petition is accordingly dis­missed. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 174 ......san Foez Siddique J      AHM Shamsuddin Chowdhury J        Engineer Abdul Md. Wadud .............Petitioner Vs. State and another............................Respondent Judgment June 16, 2014.   ......  Hasan Foez Siddique J      AHM Shamsuddin Chowdhury J        Engineer Abdul Md. Wadud .............Petitioner Vs. State and another............................Respondent Judgment June 16, 2014.&n..

Category: Criminal Law | Date: 16 Jun, 2014 | Hits: 4

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: ......(AP) 278; Babu Ram Nagar Mal Vs. ITO, 222 ITR (P & H) 450; Raymond Woolen Mills Ltd. Vs. ITO, 207 ITR (Bom) 929. Lawyers Involved: Sarder Jinnat Ali—For the applicant Mahfuza Begum, AAG with Nurun Nahar, AAG—For the respondent Income Tax Reference Applications No....... Ed. This Case is also Reported in: ......sent: Zinat Ara J S. H. Md. Nurul Huda Jaigirdar J Khandker Abul Hashem, S/O Late Khandker Bazlur Rahman, Mohammadpur, Dhaka……………......Applicant Vs. The Commissioner of Taxes, Taxes Zone-6, Kakrail, Dhaka-1000………&hellip..

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:   ......AP) 278; Babu Ram Nagar Mal Vs. ITO, 222 ITR (P & H) 450; Raymond Woolen Mills Ltd. Vs. ITO, 207 ITR (Bom) 929. Lawyers Involved: Sarder Jinnat Ali—For the applicant Mahfuza Begum, AAG With Nurun Nahar, AAG—For the respondent. Income Tax Reference Applications No......is Case is also Reported in:   ...... Zinat Ara J S. H. Md. Nurul Huda Jaigirdar J Khandker Abul Hashem, S/O Late Khandker Bazlur Rahman, Mohammadpur, Dhaka…………….......Applicant Vs. The Commissioner of Taxes, Taxes Zone-6, Kakrail, Dhaka-1000………&hellip..

Category: Fiscal/Taxation Law | Date: 9 Jun, 2014 | Hits: 5

I.M. Reazul Hasan Vs. Commissioner of Taxes Vs. The Commissioner of Taxes, Taxes Zone-1, Dhaka, 2014, 43 CLC (HCD)

....ngladesh is directed to take necessary steps under section 16(2) of the Income Tax Ordinance, 1984. S. H. Md. Nurul Huda Jaigirdar J. - I agree. This Case is also Reported in:   ......lt: The questions formulated for determination answered in the affirmative, in favour of the department-respondent. Lawyers Involved: M. A. Hannan—For the Applicant. Mahfuza Begum, AAG—For the Respondent. Income Tax Reference Application No.384 of 2004. Ju......03-2004. This is relating to the assessment year 2003-2004.  2. The questions raised in the reference application for answer by the court are as under: “ (a) Whether in the facts and circumstances of the case, the Taxes Appellate Tribunal, Division Bench-4, Dhaka was justified t......(Statutory Original Jurisdiction) Present: Zinat Ara J S. H. Md. Nurul Huda Jaigirdar J I.M. Reazul Hasan, Deputy Divisional Engineer, Rupgonj, Dhaka……Applicant Vs. The Commissioner of Taxes, Taxes Zone-1, Dhaka…………Respondent ..

Category: Fiscal/Taxation Law | Date: 4 Jun, 2014 | Hits: 5

Shafiqul Islam Vs. Bangladesh Bank and others, 2014, 43 CLC (HCD)

....stay granted earlier by this Court at the time of issuance of the said rules, thus, stand recalled and vacated Communicate this. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 270 ......(In all the Writ Petitions). Md. Mqfizul Islam, Advocate with Syed Hasan Zobair, Advocate—For the Respondent Nos. 1 and 2 (In Writ Petition No.9158 of 2012 and 10093 of 2012) Hosneara Begum, Advocate—For the Respondent No.4 (In Writ Petition No.9158 of 2012.) Meah. Mohd. K......ssan Arif J Mohammad Ullah J Shafiqul Islam………………………………….Petitioner Vs. Bangladesh Bank and others............Respondents Judgment June 1, 2014. Result: All the Rules a...... Present: Sheikh Hassan Arif J Mohammad Ullah J Shafiqul Islam………………………………….Petitioner Vs. Bangladesh Bank and others............Respondents Judgment June 1, 2014. Res..

Category: Banking Law, Company Law | Date: 1 Jun, 2014 | Hits: 11

ECOM Agroindustrial Corporation Ltd. & another Vs. Mosharaf Composite Textile Mills Ltd, 2014, 43 CLC (HCD)

....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   ......Case Referred to- Sitalakhaya Ice and Cold Storage Pvt. Ltd. Vs. Artha Rin Adalat No. 1, 64 DLR 487; Abdul Quayum Vs. International Finance Investment and Commerce Bank Ltd., 63 DLR 359; Rasheda BegumVs.Nurussafa 24 BLD (AD) 223, 9 BLC (AD) 223; Union of IndiaVs.GM Kokil, 1984 (Supp) SCC 196; U......t the time of mistake of some rules of the Court or on the application of any of the parties. There were arbitration proceeding which arrived in the contract by the parties by signing it in open eyes and there were no allegation of fraud practice upon the plaintiff. As per section 10(2) of the ......t Division (Civil Revisional Jurisdiction) Present: Sharif Uddin Chaklader J ATM Saifur Rahman J ECOM Agroindustrial Corporation Ltd. & another..........Petitioners Vs. Mosharaf Composite Textile Mills Ltd...........Opposite Party Judgment May 28, 20..

Category: Arbitration Law, Civil Law, Procedural Law | Date: 28 May, 2014 | Hits: 7

Elahi Box Sardar (Md.) Vs. Government of Bangladesh repre¬sented by Ministry of Communication and others, 2014, 43 CLC (AD)

....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.   ......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.   ......oez Siddique J AHM Shamsuddin Choudhury J Elahi Box Sardar (Md.).........................Petitioner Vs. Government of Bangladesh repre­sented by Ministry of Communication and others………........Respondents Judgment     &nb......mmel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Hasan Foez Siddique J AHM Shamsuddin Choudhury J Elahi Box Sardar (Md.).........................Petitioner Vs. Government of Bangladesh repre­sented by Ministry of Communication and others&hell..

Category: Administrative Law | Date: 25 May, 2014 | Hits: 9

Aynul Haque (Md.) Vs. Government of Bangladesh, Dhaka, 2014, 43 CLC (HCD)

.... for this court to interefere with the impugned decision and order. Thus, the petition is dismissed. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 381     ...... for this court to interefere with the impugned decision and order. Thus, the petition is dismissed. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 381     ......cted by Md. Ferozur Rahman Advocate-on-Record—For the Petitioner. None Represented—For the Respondent. Civil Petition for Leave to Appeal No. 64 of 2010. (From the judgment and order dated 29-10-2009 passed by the Administrative Appellate Tribunal in Appeal No.147 of 2006....... for this court to interefere with the impugned decision and order. Thus, the petition is dismissed. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 381     ..

Category: Administrative Law | Date: 19 May, 2014 | Hits: 3

Bangladesh Rural Advancement Committee (BRAC), BRAC Centre Vs. The Commissioner of Taxes, 2014, 43 CLC (HCD)

.... Court of Bangladesh, is to take necessary 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: ...... the Commissioner of Taxes, 51 DLR (1999) 152. Lawyers Involved: Md. Asaduzzaman with S. M. Aslam—For the applicant in both the applications S. Rashed Jahangir, DAG with Mahfuza Begum, AAG,Nurun Nahar, AAG—For the respondent (In both the applications) Income Tax Refe......p;Applicant Vs. The Commissioner of Taxes, Taxes Zone-5, Shegun Bagicha, Dhaka…………Respondent Judgment May 14, 2014. Result: The questions (i) and (ii) formulated for determination answered in the negative in favour of the assessee-applicant ......iction) Present: Zinat Ara J S.H. Md. Nurul Huda Jaigirdar J Bangladesh Rural Advancement Committee (BRAC), BRAC Centre, Dhaka-1212 …………Applicant Vs. The Commissioner of Taxes, Taxes Zone-5, Shegun Bagicha, Dhaka………&hell..

Category: Fiscal/Taxation Law | Date: 14 May, 2014 | Hits: 9