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J.S.M. Glass Industries Limited Vs. Deputy Commissioner of Taxes, 2014, 43 CLC (HCD)
....e 1984 in respect of deduction of advance income tax (AIT) by the consumer of the gas from the Gas Bills to be paid to the gas distribution company. The phrase “supply of goods” or “execution of contract or sub-contract” appearing in the provision of section 52 of the Income ......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: ......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
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 ......t No. 52 of 2009 belonged to the defendant No.1 along with the predecessor of defendant Nos. 29-33 namely Helal Uddin and Tobarok Hossain and they got the same in equal shares by registered sale deed dated 28-4-1955 and the defendant No. 1 by an amicable settlement with the other original ...... 52 of 2009 belonged to the defendant No.1 along with the predecessor of defendant Nos. 29-33 namely Helal Uddin and Tobarok Hossain and they got the same in equal shares by registered sale deed dated 28-4-1955 and the defendant No. 1 by an amicable settlement with the other original owner..Category: Procedural Law | Date: 16 Jun, 2014 | Hits: 0
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 ......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 ......lla Police Station, district Narayanganj. One Abdus Salam alias Khokon from Kashipur village of Fatulla Police Station had approached the accused two months ago for mutation of his name pursuant to a deed of exchange being No. 6236 dated 24-12-2003 by which he got 0.03 acres of land of RS plot No. 3..Category: Anti-Corruption Laws, Criminal Law | Date: 10 Jun, 2014 | Hits: 8
Shahin Reza (Md.) Vs. Nasiruddin Howlader and others, 2014, 43 CLC (AD)
.... 28. The case of defendant Nos. 37-41, in short, is that the SA recorded tenant Mahadev Singh brought rent suit against the tenant for nonpayment of rent and obtained decree and by filing a rent execution case took the suit land in his khas possession. Rent Execution Case No. 2604 of 1941 arisi......t making observations to the effect that the suit is barred by limitation. The High Court Division did not believe also the plaintiff's case and made observations to the effect that the Exhibit-6(sale certificate) has been supported by other documents together with several decrees of the co......o Burundi Hawlader by a registered kabala dated 27-8-1943-the Exhibit-S(Ka) and the heirs of Burundi Hawlader-the defendant Nos.44-60 subsequently, sold the suit land to the plaintiff by a registered deed dated 28-1-1993 the Exhibit-1. The learned Counsel has argued that all these above documents in..Category: Limitation Law, Property Law | Date: 5 Jun, 2014 | Hits: 11
Shafiqul Islam Vs. Bangladesh Bank and others, 2014, 43 CLC (HCD)
....e the concerned Artha Rin Adalat impleading the petitioner as defendant No. 3. Accordingly, the said suit was decreed in favour of the bank and the bank filed Artha Execution Case No. 239 of 2005 for execution of the said decree. At one stage of the execution process, the judgment-debtors including ......erring to the case Re Lovell and Col lard's Contract (1907) 1 CH. 249. In that case section 6 of the Finance Act, 1898 provided for the removal of doubt that the definition of "conveyance on sale" in the Stamp Act, 1981 included an order for foreclosure. It was held that section 6 was ......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 ..Category: Banking Law, Company Law | Date: 1 Jun, 2014 | Hits: 11
....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
......ton Association, Liverpool or elsewhere.
4. It is the plaintiff's case that a contract being No. 315510058 dated 31-1-2011 was entered into between the petitioner No. 1 and the plaintiff for sale of 1,500 metric tons of Brazilian Raw Cotton at the price of US $ 1.895 per pound which provide......th civil Court.
39. In the case of Jagatheesan Vs. Veerammal MLJ (1980) (3 Mad) 802 it was held that:
1. It is true that the word "arbitrator" has not been used in the partnership deed, but one has to see what the parties contemplated at the time of entering into the partner..
Category: Arbitration Law, Civil Law, Procedural Law | Date: 28 May, 2014 | Hits: 7
State and another Vs. Abdul Kader @ Mobile Kader and others, 2014, 43 CLC (AD)
.... other than those disputes. The defence has not challenged this statement. Killing of a person for any reason out of previous enmity implies a con-cert design and not participation in every detail of execution. It is not necessary that each person who hatched up the plan of killing should have taken......le Quader is his friend. The mother of accused-Mobile Quader had a house at Dugachhi Bazar, Mobile Quader sold the same after liberation of the country to Baser Howlader and Sohrab Mia After the sale of the house the villagers established a Bazar therein. The place is by the side of the Bi......fords some sort of sanction in support of the truth of his confession against others as well as himself. But a confession of a co-accused is obviously evidence of a very weak type. It does not indeed, come within the definition of "evidence" contained in section 3, Evidence Act. ..Category: Criminal Law | Date: 14 May, 2014 | Hits: 16
Nurul Hoq Bhuiyan Vs. Momtazul Islam and others, 2014, 43 CLC (HCD)
.... separate saham for 4.42 acres of land. In the circumstances both these two Civil Petition for Leave to Appeal be dismissed. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 51. ...... separate saham for 4.42 acres of land. In the circumstances both these two Civil Petition for Leave to Appeal be dismissed. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 51. ......nbsp; Result: The petitions are to be dismissed. Where there are ample facts and circumstance before the Court as pointed out in support of the genuineness of this partition deed and where this partition deed came before the Court from the custody of the contestin..Category: Property Law | Date: 12 May, 2014 | Hits: 6
Ayub Hossain Khan (Md.) Vs. Bangladesh and others, 2014, 43 CLC (AD)
....on-application of mind which operated adversely in so far as the appellant is concerned". 56. Shahabuddin J's observation, which runs as follows, is also pertinent; "As to the execution of the development work the lease deed shows that the lessee was to execute development wo......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. ...... Pabna, demised the subject property in favour of the petitioner on an year to year lease, the commencing date being the 1st day of Poush, 1393 of the Bengali era. It was stipulated in the lease deed that an application, if any, is to be made for the renewal of the lease at the beginning o..Category: Civil Law, Property Law | Date: 4 May, 2014 | Hits: 20
Khan Mohammad Ameer Vs. Atiqur Rahman and others, 2014, 43 CLC (HCD)
....0,000 and on that date they also, received Taka 1, 00,000 and, as such, in total they, received Taka 55, 50,000 with a condition for performance of the said 2 contract within 5 years from the date of execution. It was stated in the said agreement for sale that the period of perfonnance of contract w...... their names in the office of the Rajuk vide memo No. RAJUK/Estate/203 dated 17-1-1989. Mrs. Meherunnessa, mother of the defendant Nos. 1-5, and defendant Nos. 1-5 entered in to an agreement for sale of the suit land with the plaintiff on 7-7-1987 fixing Taka 70,00,000 as the consideration mone......elonged to the then DIT now Rajuk. DIT leased out the suit property in favour of Motiur Rahman Mullick, son of late Abdur Rahman Mullick by 'standard lease agreement for land vide registered deed No.2808 dated 13-3-1961 and handed over possession thereof to him. The said leasee Motiur Rahma..Category: Civil Law, Procedural Law | Date: 30 Apr, 2014 | Hits: 6
Parul Nath and others Vs. State, 2014, 43 CLC (AD)
....nysons Limited Company, in no circumstances, could be declared as an abandoned property, allowed the review application, declared that the property was not an abandoned property, struck down the execution case subject to payment of the decretal amount to the Bank directly by the appellants and ......t under article 104 of the Constitution to do complete justice on the following facts: "Sonali Bank, respondent No.1, obtained a decree in Title Suit No.249 of 1976 for foreclosure and sale of the mortgaged properties belonging to the appellant company and put it into execution i......urt Division in Criminal Miscellaneous Case No.4296 of 2006 and by this Court in Criminal Appeal No.43 of 2009 stand Accordingly. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 77. ..Category: Criminal Law, Property Law | Date: 27 Apr, 2014 | Hits: 8
Chittagong Steel Mills Ltd and another Vs. MEC, Dhaka & others, 2014, 43 CLC (AD)
....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. ......e that the respondent filed an application under sections 14/17 of the Arbitration Act, 1940 in the Fifth Court of Subordinate Judge, Dhaka, stating, inter alia, that they were appointed as exclusive sales/commission agent for sale of different products of the appellant, Chittagong Steel Mills ......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
Nur Mohammad and others Vs. Mosammat Kamla Khatun and others, 2014, 43 CLC (AD)
....ide and the suit is remanded to the trial Court. The trial Court is directed to dispose of the suit as expeditiously as possible. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 205 ...... appertaining to plot Nos. 4441, 4442, 4443, 4445, 4472. His case, in short, is that the suit land belonged to Jamal Sheikh and the heirs of Jamal Sheikh sold the suit land by two registered deeds of sale dated 26-6-1986 in favour of the plaintiff. The SA record was prepared in the names of the......n of land appertaining to plot Nos. 4441, 4442, 4443, 4445, 4472. His case, in short, is that the suit land belonged to Jamal Sheikh and the heirs of Jamal Sheikh sold the suit land by two registered deeds of sale dated 26-6-1986 in favour of the plaintiff. The SA record was prepared in the nam..Category: Civil Law, Procedural Law | Date: 17 Apr, 2014 | Hits: 2
Bibi Joynab Begum Chowdhury and others Vs. Osi Mia alias Osi Mia Sawdagar, 2014, 43 CLC (AD)
.... the suit land to Hazi Sobhan Chowdhury by a registered deed of sale dated 24-5-1973. Defendant No.1 was a monthly temporary tenant in a shop under defendant No.2 and, as such, he was aware about the execution of the said bainapatra and the plaintiff filled up the tank by earth. The plaintiff asked ......of the suit land devolved upon his brother, Kalipada Chakraborty. Aparna Chandra died leaving behind only son, Badal Chakraborty, defendant No.2. Thereafter, Badal Chakraborty executed a contract for sale (bainanama) of his eight annas share of land in schedule-1 to the plaint on 31-12-1963 in favou...... land in schedule-1 to the plaint on 31-12-1963 in favour of Abdus Sobhan (plaintiff). According to the terms and conditions of the bainanama dated 31-12-1963, Badal Chakraborty executed a registered deed of sale dated 15-7-1976 in favour of the plaintiff. Kalipada Chakraborty sold his eight annas s..Category: Property Law | Date: 19 Mar, 2014 | Hits: 15
Ekramul Haque Balbul Vs. Md. Faiz and others, 2014, 43 CLC (AD)
....mpugned judgement and order is set aside. Saber Hossain Chowdhury is exonerated from the charge leveled against him. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 208. ......mpugned judgement and order is set aside. Saber Hossain Chowdhury is exonerated from the charge leveled against him. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 208. ......anaging to become a Judge of the Supreme Court in spite of his alleged failure to pass the LLB preliminary examination. He submitted that reporting facts and findings of inquiries is acceptable and indeed necessary for the betterment of any society, but when the reports contain innuendos which scand..Category: Constitutional Law, Contempt of Court Law | Date: 11 Mar, 2014 | Hits: 16
Moklesur Rahman (Md.) and another Vs. Government of Bangladesh and others, 2014, CLC (AD)
....mount fixed by it, but writ-respondent No.3 (Janata Bank, represented by its Managing Director) did not respond to the same till the filing of the instant writ petition. Thereafter, on 14-1-2010, the execution case was fixed for hearing. In the meantime, the writ-petitioners filed an applicatio...... Adalat No.1, Dhaka in Artha Rin Execution Case No.560 of 2004 rejecting the application filed by them under section 57 of the Artha Rin Adalat Ain, 2003 (the Ain, 2003) for setting-aside the auction sale of the mortgaged property held on 6-10-2009 and confirming the auction sale. In the writ peti&s......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. ..Category: Others | Date: 24 Feb, 2014 | Hits: 15
BOC Bangladesh Ltd Vs. National Board of Revenue and others, 2014, 43 CLC (AD)
....y the High Court Division is set aside. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 372 ......58,627.61 as on 30-9-1998. 3. The facts involved in this appeal, in brief, are: The writ-petitioner-appellant is a public limited company, which carries on the business of manufacture, sale and distribution of oxygen and dissolved acetylene, industrial and medical gases including nitr......y the High Court Division is set aside. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 372 ..Category: Fiscal/Taxation Law | Date: 19 Feb, 2014 | Hits: 5
Aftab Uddin (Md.) Vs. Chairman, Court of Settlement and another, 2014, 43 CLC (AD)
....manded to the Court of Settlement to deal with it in the light of our discussion above. There will be no order as to costs. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 253. ......manded to the Court of Settlement to deal with it in the light of our discussion above. There will be no order as to costs. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 253. ...... (b) of the Ordinance, was leased out for Taka 600 by the then Government of East Pakistan on 10-2-1956 to one Kulsum Bibi wife of Abdur Rahman, a refugee. It was one of the stipulations of the lease deed that the refugee would have no proprietary right unless full payment of Taka 600 was made. ..Category: Abandoned Properties Law | Date: 19 Feb, 2014 | Hits: 21
কবির ষ্টীল লিমিটেড বনাম কমিশনার অব ট্যাক্সেস, 2014, 43 CLC (HCD)
....dinance or the rules made thereunder. (2) The amount referred to in sub-section (1) shall be the following, namely- (a) the amount representing the payments on account of supply of goods or execution of contract to which tax is deductible under section 52; (b) the amount of the value ......ারপতি মোঃ ইমদাদুল হক আজাদ.- আমি একমত হইলাম। This Case is also Reported in: ......ারপতি মোঃ ইমদাদুল হক আজাদ.- আমি একমত হইলাম। This Case is also Reported in: ..Category: Fiscal/Taxation Law | Date: 17 Feb, 2014 | Hits: 7
....er XXI, rules 90 and 91 of the Code of Civil Procedure (the Code) read with section 32 of the Artha Rin Adalat Ain, 2003 (the Ain, 2003) for cancelling the auction sale held on 19-1-2010.
3. The execution case in which the said application was filed, was levied for execution of the decree passe...... application filed by them under Order XXI, rules 90 and 91 of the Code of Civil Procedure (the Code) read with section 32 of the Artha Rin Adalat Ain, 2003 (the Ain, 2003) for cancelling the auction sale held on 19-1-2010.
3. The execution case in which the said application was filed, was levi...... can protect his right and title in that property by filing proper suit in a proper forum."
The petition is dismissed.
Ed.
This Case is also Reported in: 66 DLR (AD) (2014) 213.
..
Category: Civil Law, Others | Date: 17 Feb, 2014 | Hits: 9
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