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Abdur Rashid Chowdhury Vs. Additional District Judge and others, 2003, 32 CLC (HCD)
....by directed to proceed with the suit by issue of the summons/notice however, in accordance with law, expeditiously. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 573. ......by directed to proceed with the suit by issue of the summons/notice however, in accordance with law, expeditiously. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 573. ......esource Division, Ministry of Finance and Planning Vs. Nasrin Banu, 47 DLR (AD) 155; 2001 BLD (AD) 36; Bangladesh Vs. Habib Jamil, 2001 BLD (AD) 63; 7 BLT (AD) 31; 46 DLR (AD) 191; Zahurul Islam Vs. National Bank Ltd; 2002 BLD 320, Bangladesh Jute Mills Corporation Vs. Maico Jute and Bag Corporation......ondents Judgment October 20, 2003. Result: The Rule is made absolute. Cases referred to- 42 DLR (AD) 86, Begum Lutfunnessa Vs. Bangladesh, 48 DLR (AD) 171; The Secretary, Internal Resource Division, Ministry of Finance and Planning Vs. Nasrin Banu, 47 DLR (AD) 155; 2001 BLD (AD) 36..Category: Others | Date: | Hits: 185
AKM Shahidul Hoque Vs. Deputy Commissioner and others, 2003, 32 CLC (HCD)
....lated the revised estimate at Taka 14,96,242.87. After adjustment of the payment of Taka 9,00,000 against running bills, the dues of the plaintiff stood at Taka 5,96,225.81. After deduction of income tax at 1.5% amounting to Taka 8,945.81 the dues of plaintiff finally stood at Taka 5,87,280 . The pl....... Estimated work was valued at Taka 11,30,000. After adjustment of the payment of Taka 9,00,000 against running bills Taka 5,96,225.81 stood due to the plaintiff. Income tax at the rate of 1.5% to be deducted is Taka 8,945.81 and security deposit is Taka 27,500. After deduction of the income tax and......730.81 with interest at the rate of 10% from the date of the decree till realisation. Ed. This Case is also Reported in: 56 DLR (2004) 538. ......l get a decree for 2,43,505 + 3,66,225.81 = Taka 6,09,730.81 with interest at the rate of 10% from the date of the decree till realisation. Ed. This Case is also Reported in: 56 DLR (2004) 538. ..Category: Civil Law | Date: | Hits: 99
Md. Mosharaf Hossain Sukani Vs. State and another, 2009, 38 CLC (HCD)
....d for. Hence the Rule fails. In the result, the Rule is discharged. Order of stay stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 35. ......d for. Hence the Rule fails. In the result, the Rule is discharged. Order of stay stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 35. ......upreme Court High Court Division (Criminal) Present: Siddiqur Rahman Miah J Md. Ataur Rahman Khan J Md. Mosharaf Hossain Sukani………………………Petitioner Vs. The State and another……………………Opposite parties Judgment June 3, 2009. Result: ......s of justice. The expression "quashing of proceeding" is one of compendious connotation but its practical result is setting aside or reversal of the order initiating the proceeding. This rule has its source in the maxim which means that when the law gives anything to anyone it gives also all those t..Category: Criminal Law | Date: | Hits: 76
....n, appearing personally, has made is, that in pursuance of the provisions as contained in sections 3(1), 2(3), 5(4), 15(1) and 20 of the Value Added Tax Act, 1991, he is not liable to pay value added tax on his personal telephone set as he is not a registered taxable person rendering services to oth...... without any order as to cost. Stay order granted earlier in respect of realisation of the disputed portion of VAT is hereby vacated.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 115.
......n, Bangladesh Telegraph and Telephone Board, Dhaka and others…………Respondents
Judgment
November 12, 1997.
Result:
The Rule is discharged.
Lawyers Involved:
Ahmed Husain, Advocate - In Person.
Md. Serajul Haq, Advocate - For the Respondent No.2.
Mahmudul Islam with Nahi......) R-1/90/138 dated 14-8-90 (Annexures C & D) to the affidavit-in-opposition of the Respondent Nos.1 and 2.
6. Bangladesh, represented by the Secretary to the Ministry of Finance and Internal Resources Division, who was added as the respondent No.3 by an order of this Court dated 21-10-97, als..
Category: Fiscal/Taxation Law | Date: | Hits: 138
....ssioner such salary as is admissible to a Judge of the Appellate Division; and
(b) to an Election Commissioner such salary as is admissible to a Judge of the High Court Division.
(2) No income-tax shall be payable in respect of salary payable to the Chief Election Commissioner or an Election ......nt of pension, gross or net, in connection with their earlier service in the Republic and why the respondents should not be directed to refund to the petitioner No.4 the amount that they have already deducted/taken since March 2003, on account of hypothetical net pension.
Facts: The case of the p......er and Auditor General of Bangladesh and 4 others.............Respondents
Judgment
April 18, 2004.
Result:
This Rule Nisi is made absolute.
Lawyers Involved:
Dr. Kamal Hossain, Advocate with Ashraful Hadi, Sara Hossain, Tanjibul Alam, Advocates—For the Petitioners.
Fida M Kama...... was vague and blurred. It used to vary from country to country and depended on the character and the stage of refinement of their civilisation. As such, the history records the presence of gods as a source of some enormous meta physical power even above their mighty Kings in different forms in diff..
Category: Employment/Service Law | Date: | Hits: 99
....ion made 'under the Act or the Rules made thereunder'. While sub‑section (1) of the section provides that anyone desirous of making an appeal against an order or decision relating to any demand for tax or penalty levied under such Act shall make a deposit either Under clause (a) or (b) of such sub...... hence, of no legal effect. The Appellate Tribunal is hereby directed to dispose of the appeals in accordance with law as early as possible.
Ed.
This Case is also Reported in: 57 DLR (2005) 74.
......al Original Jurisdiction)
Present:
Md. Abdur Rashid J
Siddiqur Rahman Miah J
Intertek Testing Service (BD) Ltd. and another..........................Petitioners
Vs.
President, Appellate Tribunal, Customs, Excise and VAT, Dhaka and others................. Respondents
Judgment
...... hence, of no legal effect. The Appellate Tribunal is hereby directed to dispose of the appeals in accordance with law as early as possible.
Ed.
This Case is also Reported in: 57 DLR (2005) 74.
..
Category: Fiscal/Taxation Law | Date: | Hits: 122
Mehedi Hasan Vs. State, 2011, 40 CLC (HCD)
....tioner is concerned. The accused is released from the bail bond. Stay granted shall stand vacated. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 361.......tioner is concerned. The accused is released from the bail bond. Stay granted shall stand vacated. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 361.......11) 361.......tioner is concerned. The accused is released from the bail bond. Stay granted shall stand vacated. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 361...Category: Administrative Law | Date: | Hits: 173
Md. Abdul Bari and others Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
.... The Rule, therefore, fails. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 27; 30 BLD (HCD) (2010) 465. ...... The Rule, therefore, fails. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 27; 30 BLD (HCD) (2010) 465. ......osts. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 27; 30 BLD (HCD) (2010) 465. ...... The Rule, therefore, fails. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 27; 30 BLD (HCD) (2010) 465. ..Category: Employment/Service Law | Date: | Hits: 145
Sheikh Hasina Wazed @ Sheikh Hasina Vs. State and another, 2010, 39 CLC (HCD)
....giving able assistance to this Court in the matter of disposing the rule in an effective manner. Send down the Lower Court records. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 40. ......giving able assistance to this Court in the matter of disposing the rule in an effective manner. Send down the Lower Court records. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 40. ......t Division (Criminal Miscellaneous Jurisdiction) Present: Md. Shamsul Huda J AB Siddiquee J Sheikh Hasina Wazed alias Sheikh Hasina..................Accused-Petitioner Vs. State and another..................................................Opposite-Parties Judgment M......to 10-7-2001 the accused petiÂtioner as Prime Minister of this country by abusing her official position in connivance with other accused persons approved draft rules for giving opportunity of NIKO Resources a foreign company, which failed to compete in International Tender, for extraction of gas wo..Category: Criminal Law | Date: | Hits: 126
Dr. Mohiuddin Farooque and another Vs. Bangladesh, 1997, 26 CLC (HCD)
....ance with the directions made above. Having regard to the facts and circumstances of the cases, there will be no order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 84. ......ance with the directions made above. Having regard to the facts and circumstances of the cases, there will be no order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 84. ......etitioner (In Writ Petition No. 998 of 1994) Sekandar Ali Mondol.................Petitioner (In Writ Petition No. 1576 of 1994) Vs. Bangladesh, represented by the Secretary, Ministry of Irrigation, Water DevelopÂment and Flood Control, Government of the People's Republic of Bangladesh, and......cts leading to the issuance of the two Rules are summarized as under: (a) The two consecutive severe floods of 1987 and 1988 in Bangladesh aroused national and international concern on the water resources issue in particular and the question of environmental management in general for the country...Category: Environmental Law | Date: | Hits: 1051
....e name of the petitioner’s predecessor, late Abul Kalam (Annexure E). Accordingly the concerned Circle Officer (Rev) mutated the name of the petitioner’s predecessor and received land development tax from him. (Annexure-II)
4. After some years the petitioners came to learn that the case prope......‘96 under the heading ‘Khulna District’ Serial No.246, page 9764(32) is passed without lawful authority and is of no legal effect.
Ed.
This case is also Reported in: 49 DLR (HD) (1997) 108.
......s. Bangladesh, 46 DLR 130; Abul Ala Moududi Vs. West Pakistan 17 DLR (SC) 209; Sheikh Ali Ahmed Vs. Secretary, Ministry of Home Affairs, 44 DLR (AD) 140.
Lawyers Involved:
Khalilur Rahman, Advocate–For the petitioner.
Bazlur Rahman Chhana, Assistant Attorney-General‑For the Respondents.......‘96 under the heading ‘Khulna District’ Serial No.246, page 9764(32) is passed without lawful authority and is of no legal effect.
Ed.
This case is also Reported in: 49 DLR (HD) (1997) 108.
..
Category: Limitation Law | Date: | Hits: 175
....ct and cancellation of his examination in plan 211 of the first term of 1992‑93 i.e. level II term I of session 1992‑93 is upheld.
Ed.
This Case is also Reported in: 49 DLR (HD) (1997) 104.
......ct and cancellation of his examination in plan 211 of the first term of 1992‑93 i.e. level II term I of session 1992‑93 is upheld.
Ed.
This Case is also Reported in: 49 DLR (HD) (1997) 104.
...... Engineering University & others…………..…………………Respondents
Judgment
November 11, 1996.
Result:
The Rule is made absolute.
Case Referred to-
Board of Intermediate and Secondary Education Vs. Rumana Ahmed, 1992 BLD (AD) 160.
Lawyers Involved:
Mahbubey Al......oner. Section 38 (II) of the University Ordinance is as follows:
“38. (II) Possession of writing related to the particular subject of examination or copying /receiving information from any other source expulsion from examination hall and cancellation of whole examination, expulsion from the Uni..
Category: Civil Law | Date: | Hits: 85
Sk. Helal Uddin and another Vs. State, 2010, 39 CLC (HCD)
....) Ltd. and Bashundara City Development, he showed an amount of Tk. 1,42,13,838/-, that is, showed an excess amount of Tk.1,40,36,461.19 and he also showed a deduction of an amount of Tk.19,49,541/-as taxes on source, but the same was paid before submitting the statement. Consequently, he submitted s......ective appellants. The office is directed to send down the L.C. Records immediately. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 286, 16 BLC (HCD) (2011) 444, 8 LG (2011) HCD 342. ......he L.C. Records immediately. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 286, 16 BLC (HCD) (2011) 444, 8 LG (2011) HCD 342. ......d Bashundara City Development, he showed an amount of Tk. 1,42,13,838/-, that is, showed an excess amount of Tk.1,40,36,461.19 and he also showed a deduction of an amount of Tk.19,49,541/-as taxes on source, but the same was paid before submitting the statement. Consequently, he submitted statement ..Category: Criminal Law | Date: | Hits: 108
Abdul Jalil Khondaker & others Vs. Mohd. Mokan & others, 1988, 17 CLC (HCD)
....nd to the appellate Court for fresh decision in the light of observation made in the body of the judgment and in accordance with law. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 228. ......nd to the appellate Court for fresh decision in the light of observation made in the body of the judgment and in accordance with law. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 228. ...... made in the body of the judgment and in accordance with law. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 228. ......e opined that it was very small and the cattle of Kazir bazar cattle market could not be bathed in it. He also noticed that there was a private lube well near the mosque but that was not a convenient source of water for the cattle and the huge number of people assembling in the cattle market. He fou..Category: Property Law | Date: | Hits: 58
Ministry of Communication and others Vs. Md. Ferozur Rahman & ors, 1991, 20, CLC (HCD)
.... Rule No. 15 (FM) of 1991 is disposed of accordingly. In the facts and circumstances of the case, there will be no order as to costs. Ed. This case is also reported in: 45 DLR (HCD) (1993) 762. ......me the present caterer took up their assignment till 21/2, years thereafter and from January to July 1991 @ Taka 30.00 and Taka 38.00 for 1st Class and AC Class respectively and the Railway Authority deducted those amount which the caterer would get from the Railway in view of the increment of 20% a......n the facts and circumstances of the case, there will be no order as to costs. Ed. This case is also reported in: 45 DLR (HCD) (1993) 762. ...... Rule No. 15 (FM) of 1991 is disposed of accordingly. In the facts and circumstances of the case, there will be no order as to costs. Ed. This case is also reported in: 45 DLR (HCD) (1993) 762. ..Category: Civil Law | Date: | Hits: 72
....e D.I.G., Prisons & Supdt., Dhaka Central Jail as well as to the Secretary, Ministry of Home Affairs, Govt. of Bangladesh, Dhaka.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 160.
......e D.I.G., Prisons & Supdt., Dhaka Central Jail as well as to the Secretary, Ministry of Home Affairs, Govt. of Bangladesh, Dhaka.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 160.
......nistry of Home Affairs, Government of Bangladesh & others...............Opposite Parties
Judgment
August 28, 1988.
Result:
The Rule is made absolute.
Cases Referred to-
Abdul Latif Mirza, 31 DLR (AD) 1; Malik Gholam Gilani, 19 DLR (SC) 403; Begum Shorish Kashmiri, 21 DLR (SC)......neous to the purpose of the Act and beyond which the order of detention is imÂmune from challenge except on the ground of mala fide." It does not mean that the detaining authority is to disclose the source of information and to prove and establish before the Court each and every information as in a..
Category: Criminal Law | Date: | Hits: 108
Ayar @ Ayaruddin and others Vs. State, 2004, 33 CLC (HCD)
....for taking necessary actions in this regard in the light of the observations made above within 7(seven) days from the date of receipt hereof. Ed. This Case is also Reported in: 56 DLR (2004) 495.......plicable to the proceedings under any Special Law insofar as, and to the extent to which they are not expressly excluded by such law. So the time requisite for obtaining a copy of the judgment can be deducted even in an appeal from a conviction under the said Special Law. Section 5 of the Limitation......of the observations made above within 7(seven) days from the date of receipt hereof. Ed. This Case is also Reported in: 56 DLR (2004) 495.......for taking necessary actions in this regard in the light of the observations made above within 7(seven) days from the date of receipt hereof. Ed. This Case is also Reported in: 56 DLR (2004) 495...Category: Criminal Law | Date: | Hits: 73
Nur Kader (Md.) Vs. Commissioner of Customs & others, 2004, 33 CLC (HCD)
....nt in question on assessment of the customs duties and other charges at the rate prevalent on the date of presentation of the bill of entry. Ed. This Case is also Reported in: 57 DLR (2005) 53. ......nt in question on assessment of the customs duties and other charges at the rate prevalent on the date of presentation of the bill of entry. Ed. This Case is also Reported in: 57 DLR (2005) 53. ......ntation of the bill of entry. Ed. This Case is also Reported in: 57 DLR (2005) 53. ......nt in question on assessment of the customs duties and other charges at the rate prevalent on the date of presentation of the bill of entry. Ed. This Case is also Reported in: 57 DLR (2005) 53. ..Category: Fiscal/Taxation Law | Date: | Hits: 111
Rafia Begum Vs. Afroza Bewa and others, 2004, 33 CLC (HCD)
.... father in lieu of balance dower and money given by her for construction of the building and also delivered possession of the same to her. Since then she had been living there on payment of municipal taxes, rent, etc. through her defendant husband who had no subsisting interest therein. Later on whe......and decree appealed from is hereby affirmed. Send down the lower court’s records at once with a copy of this judgment for information. Ed. This Case is also Reported in: 57 DLR (2005) 48. ......wn the lower court’s records at once with a copy of this judgment for information. Ed. This Case is also Reported in: 57 DLR (2005) 48. ......and decree appealed from is hereby affirmed. Send down the lower court’s records at once with a copy of this judgment for information. Ed. This Case is also Reported in: 57 DLR (2005) 48. ..Category: Property Law | Date: | Hits: 63
Shaw Wallace Bangladesh Limited Vs. Tofazzal Hossain, 1997, 26 CLC (HCD)
....clude the supply of tools and raw materials required for the purpose of employment. (f) deductions for recovery of advances or for adjustment of over-payments of wages; (g) deductions of income-tax payable by the employed person: (h) deductions required to be made by order of a Court or oth...... been defined in section 2(vi) and deduction from the wages has been dealt with in section 7 of the Payment of Wages Act. For the sake of convenience let us first discuss what is allowed by law to be deducted under section 7 of the Act. Section 7 is to the effect: “7. Deductions which may be......ginal Jurisdiction) Present: KM Hasan J Md. Awlad Ali J Shaw Wallace Bangladesh Limited, represented by its Managing Director……………Petitioner Vs. Tofazzal Hossain son of late Abdul Kader, Dhaka and others………………Respondents Judgment August 18, 1997. R....... In view of the above, the Rule is made absolute without any order as to costs. The impugned Judgment dated 20-5-95 is set aside. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 22. ..Category: Labour and Industrial Law | Date: | Hits: 255
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