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

....ngladesh is directed to take necessary steps under section 161(2) of the Income Tax Ordinance, 1984. S. H. Md. Nurul Huda Jaigirdar J.- I agree. This Case is also Reported in:   ..

Category: Fiscal/Taxation Law | Date: 12 May, 2014 | Hits: 5

Md. Abul Bashar Vs. Government of Bangladesh, 2014, 43 CLC (HCD)

....p; CF Forsyth: Administrative Law, 10th Ed, Pages 30- 31)." 20. In our constitutional dispensation safeguard against abuse of power is more comprehensive and even wider than the due process clause of American constitution inasmuch it is not confined to life, liberty and property only and e..

Category: Administrative Law, Constitutional Law | Date: 4 May, 2014 | Hits: 5

Director General, Bangladesh Standards and Testing Institution Vs. Matiur Rahman and others, 2014, 43 CLC (AD)

....nce with law as enshrined in Articles 27 and 31 of the Constitution have been infringed. The High Court Division further observed that the term "all officers and other employees" as used in clause (c) of section 36(1) of the Ordinance does not make any difference or divisions as to permane..

Category: Employment/Service Law | Date: 4 May, 2014 | Hits: 7

Ayub Hossain Khan (Md.) Vs. Bangladesh and others, 2014, 43 CLC (AD)

....ay, 1977, that emanated from the Ministry of Land Administration, con­taining instruction for the administration manage­ment and disposal of vested properties, and repro­duced the text in clauses 4(1), 5, 6 and 7 of the cir­cular. 23. By embarking on a hair-split analyses on the..

Category: Civil Law, Property Law | Date: 4 May, 2014 | Hits: 20

Khan Mohammad Ameer Vs. Atiqur Rahman and others, 2014, 43 CLC (HCD)

....5 in favour of the defendant No. 18 was revoked on 29-7-2010 which was to be treated as refusal to perform the contract and from that date limitation to file the suit would run. 21. By referring clauses 22 and 24 of the lease deed executed by the DIT now Rajuk, he has also submitted that the le..

Category: Civil Law, Procedural Law | Date: 30 Apr, 2014 | Hits: 6

Pubali Bank Limited Vs. Commissioner of Taxes, 2014, 43 CLC (HCD)

....the Ordinance and submits that from the whole reading of section 29(1)(xviiiaa) of the Ordinance it is clear that proviso to section 29(1)(xviiiaa) of the Ordinance is only for the later part of this clause i.e. “about bad and doubtful debts and the interest thereon,” otherwise the provi..

Category: Fiscal/Taxation Law | Date: 27 Apr, 2014 | Hits: 6

Chittagong Steel Mills Ltd and another Vs. MEC, Dhaka & others, 2014, 43 CLC (AD)

....rs in para­graph 10 of their original petition before the Arbitrators under Clause 17 of the said agree­ment, wherein the claim of Taka 43.50 lakh equivalent to 3% of the sale price under sub-clause "General Commission Ka" of Clause 11 of the contract has been put forward as quoted..

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   ..

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)

....shy;lation of principles of natural justice as well as for infringement of fundamental rights, guaranteed by the Constitution, or of any other law, in respect of matters relating to or arising of sub-clause (a), but such tri­bunals cannot, like the Indian Administra­tive Tribunals in exercis..

Category: Administrative Law | Date: 3 Apr, 2014 | Hits: 6

SM Deen Islam Vs. Government of Bangladesh and others, 2014, 43 CLC (HCD)

....ύ⧀āϤ, āĻĒā§āϰāĻĻāĻ¤ā§āϤ,āϜāĻžāϰāĻŋāĻ•ā§ƒāϤ āĻŦāĻž āĻŽāĻžā§āϜ⧁āϰ⧀āĻ•ā§ƒāϤ āĻšāĻ‡ā§ŸāĻžāϛ⧇ āĻŦāϞāĻŋ⧟āĻž āĻ—āĻ¨ā§āϝ āĻšāχāĻŦ⧇āĨ¤” 27. In view of the said savings clause the Union Parishad Chairman and Members (Resig­nation, Removal and Vacation of Office) Ru..

Category: Administrative Law, Constitutional Law | Date: 4 Mar, 2014 | Hits: 5

Hafiz Ahmed Mazumder Vs. Pubali Bank Limited, 2014, 43 CLC (HCD)

....f the petition, BSEC has also asserted in paragraph No. 6 of the affidavit-in-opposition that the statement made in paragraph No. 10 of the petition is not correct. In this respect it has stated that clause (d) of the notification dated 21-11-2011 clearly stipulates that each director, other than in..

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)

....tion purchasers shall be refunded back to them along with Takal,35,300+Taka 45,120 and the amount of interest which will be paid by the judgment-debtor-petitioners on the auction money as directed in clause (b) hereinbefore. (d) The judgment-debtor-petitioners shall make the deposit of the amou..

Category: Others | Date: 24 Feb, 2014 | Hits: 15

S.N. Kabir Vs. Fatema Begum and others, 2014, 43 CLC (AD)

....t using the word "agricul­ture" before Land Reform Ordinance. What is important to note here is that the word "land" has not been defined in section 2 of the Ordinance. But in clause-(c) of section 2 'barga land' has been defined. Had the legislative authority the int..

Category: Property Law | Date: 16 Feb, 2014 | Hits: 19

Bangladesh Agricultural Development CorporaÂŦtion and others Vs. Md. Abdur Rashld and others, 2014, 43 CLC (AD)

....āĻž āĻĒā§āϰāĻ•āĻžāĻļ āĻ•āϰāϞ⧇ āϤāĻž āĻĒāϰ⧇ āĻĒā§āϰāĻ¤ā§āϝāĻžāĻšāĻžāϰ āĻ•āϰāĻž āϝāĻžāĻŦ⧇ āύāĻž”, which indicates as absolute terms and since that there is no provision quoted clause to withdraw prayers prayers of voluntary retirements came in effect after acceptance of the p..

Category: Administrative Law, Employment/Service Law | Date: 2 Feb, 2014 | Hits: 9

Human Rights and Peace for Bangladesh and others Vs. Hon'ble Speaker, Bangladesh Jatiyo Sangsad and others, 2014, 43 CLC (HCD)

....hat the question raised relates to the constitutional validity of section 32Ka of the Amendment Act, 2013. It has been contended that this provision of the Amendment Act 2013 is violative of equality clause of Article 27 of the Constitution. Section 32Ka of the Amendment Act, 2013, has been brought ..

Category: Anti-Corruption Laws | Date: 30 Jan, 2014 | Hits: 5

Md. Shafayet Hossain Rana Vs. State and Md. Syed Rejaul Karim Salim, 2014, 43 CLC (HCD)

....son from out of that account. Legislature very well knew about section 123A of the Act. Had it been the intention of the legislature to exclude a crossed cheque “account payee” as used in clause (a) of sub-section(2) of section 123A from the mischief of sections 138 and 141 of the Act, 1..

Category: Civil Law | Date: 21 Jan, 2014 | Hits: 111

BRAC Bank Ltd Vs. Multimode Ltd, 2013, 42 CLC (HCD)

....as under obligation to cooperate in such situation to solve the problem. Plaintiff discharged all the responsibilities and obligations imposed upon by virtue of contract dated 20-10-2003 confirmed in clause 12 that the plaintiff and the defendant were intended to carry out the contract most lawful w..

Category: Contract Law | Date: 12 Dec, 2013 | Hits: 0

Abdul Quader Mollah Vs. Chief Prosecutor, International Crimes, Tribunal, Dhaka, 2013, 42 CLC (AD)

....uch person cannot challenge the legality of the proceedings on any of the grounds contained in Articles 26, 27, 28, 31, 35, 44 by resorting to Article 102 or other provisions of the Constitution. Sub-clause (2) of Article 47A debars an accused person who is being prosecuted or punished under the Act..

Category: International Crimes Tribunal Law | Date: 12 Dec, 2013 | Hits: 15

Md. Nuruzzaman (Noni) Vs. Government of Bangladesh and others, 2013, 42 CLC (HCD)

.... Judgment Farah Mahbub J.- In this Rule, issued under Article 102 of the Constitution of the People’s Republic of Bangladesh, the petitioner has challenged the vires of amended serial No.2, clause-Kha of the 2nd Schedule of the VAT Act,1991(Act No.22 of 1991) so far as it relates to impo..

Category: Fiscal/Taxation Law | Date: 20 Nov, 2013 | Hits: 24

Abdul Momen Bhuiyan and others Vs. District Judge, Dhaka and others, 2013, 42 CLC (AD)

....he Code of Civil Procedure shall apply to matters relating to attachment and sale. Although Clause (9)of Article 27 provides for application of the Code of Civil Procedure to a sale or attachment and clause (10) provides for appeal only against the order of disposal of the case, PO No.7 of 1973 is s..

Category: Civil Law | Date: 17 Nov, 2013 | Hits: 17