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Sunderban Taxtils Mills Vs. The Commissioner of Taxes, 1999, 28 CLC (HCD)
....s of the undertaking and as such these are not covered by law to get the benefit of tax holiday. The learned Deputy Attorney General further submits that if section 45 of the Ordinance is read as a whole it will be clear that the intention of the legislature is that only the income, profits and ......Commissioner of Taxes including an income of Taka 94,18,413/- from other sources other than the income derived from commercial operation. The Deputy Commissioner of Taxes allowed exemption on the amount of Taka 2,01,17,912 being the business income on the ground of Tax Holiday facility availabl......ch the incomes derived by the applicant company during the tax holiday period are exempted from payment of tax and no also is the income from investment arising out of the deposit of the surplus money of applicant in the Bank but the Revenue Authority illegally levied tax on interest treating ..Category: Fiscal/Taxation Law | Date: 8 Dec, 1999 | Hits: 9
....the Union of employees of the samity as Trade Union are declared to have been made without lawful authority and are of no legal effect.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 151.......ugh the samity is a Welfare Organization it has its own source of income, such as income from Dormitories rent of 32 shops at Rangpur, Pathological Clinic at Jamalpur and that the Samity earns lot of amount from a Training Centre at Patuakhali.
6. Petitioner has filed Affidavit-in-reply to the Af......or the attainment of the aims and objects of the samity and, as such, only because of having those installations it cannot be said that the samity is engaged in business or that rendering service for money or that earns profit or that samity’s work is being run with the motive of earning profit.
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Category: Labour and Industrial Law | Date: 18 Nov, 1999 | Hits: 2118
Chairman, BD Water Dev. Board & anr Vs. Shamsul Huq & Co. Ltd. & ors., 1999, 28 CLC (AD)
.... result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 168. ......rity”. In any view of the matter, the High Court Division in its writ jurisdiction is not a Court for the recovery of money and has no jurisdiction to give a direction for payment of a particular amount of money to the writ-petitioner, unless the amount claimed is both an admitted amount as we......It was, therefore, totally inappropriate and uncalled for the High Court Division to opine that the writ petitioner was not required to go for arbitration or that the writ petitioner spent his good money and fulfilled the terms and conditions of the contract and that the work having been complet..Category: Contract Law | Date: 19 Jul, 1999 | Hits: 236
....r be sent to the Judge of Cruelty to Women and Children, Special Court, Dhaka and the Women Support Centre, Mirpur, Dhaka immediately.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 234. ......8 (Annexures A and A1). On 2-3-98 both the victim girl and Rubel by swearing a joint affidavit before a Notary Public (Annexure ‘B’) declared that they had married according to Muslim Law with an amount of Taka 1, 00,001 as dower money. A marriage ceremony was later observed by her in-laws on 7-......both the victim girl and Rubel by swearing a joint affidavit before a Notary Public (Annexure ‘B’) declared that they had married according to Muslim Law with an amount of Taka 1, 00,001 as dower money. A marriage ceremony was later observed by her in-laws on 7-3-98 and accordingly, their marria..
Category: Women and Children | Date: 26 May, 1999 | Hits: 98
State Vs. Abdul Wahab Shah Chowdhury, 1999, 28 CLC (AD)
....here will be a specific statutory sanction of granting anticipatory bail with positive conditions and directions. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 242. ......ate grant of bail, however, merely on the request of a person; who appears in Court, and thereby surrenders himself to that Court, without the other conditions for such bail being satisfied, would amount to an act of judicial extravagance which cannot be countenanced. 17. The seco......here will be a specific statutory sanction of granting anticipatory bail with positive conditions and directions. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 242. ..Category: Criminal Law | Date: 25 May, 1999 | Hits: 79
Fazlur Rahman and Co. (Pvt.) Ltd. Vs. Agrani Bank and others, 1999, 28 CLC (HCD)
....no merit in this Rule. In the result, the Rule is discharged without an order as to costs. Order of injunction stands vacated. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 350........ Fazlur Rahman and Co (Pvt.) Limited calling upon the respondents to show cause as to why respondent No.1, Agrani Bank should not be directed to allow the said company to pay the balance of interest amounting to Taka 77,43,184.25 in pursuance of bank’s decision contained in letter dated 19-6-97 (......no merit in this Rule. In the result, the Rule is discharged without an order as to costs. Order of injunction stands vacated. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 350...Category: Banking Law | Date: 28 Apr, 1999 | Hits: 500
Younus Ali and 3 others Vs. State, 1999, 28 CLC (HCD)
....e Nari-O Shisu Nirjatan Daman Bishes Adalat No.2, Bagerhat is quashed. A copy of the order be sent to the Court concerned. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 121. ......d, the charges so framed are misconceived and illegal and that continuation of Nari-O-Shisu Nirjatan Case No.20 of 1997 of the Court of Nari-O-Shisu Nirjatan Daman Bishesh Adalat No.2, Bagerhat would amount to harassment of the petitioners as well as abuse of the process of the Court and, as such, t......e Nari-O Shisu Nirjatan Daman Bishes Adalat No.2, Bagerhat is quashed. A copy of the order be sent to the Court concerned. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 121. ..Category: Women and Children | Date: 11 Jan, 1999 | Hits: 88
Managing Director Dhaka WASA Vs. Superior Builders and Engineers Ltd., 1999, 28 CLC (AD)
....t the High Court Division acted in excess of jurisdiction. The cost has been rightly given. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 56. ......t the High Court Division acted in excess of jurisdiction. The cost has been rightly given. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 56. ......ner for supply of water tank and 150 KVA generator for Dhaka WASA. The acceptance of the respondent bid was communicated by Memo. dated 24-11-97. The respondent deposited Taka 6,78,000.00 as security money upon furnishing Bank guarantee. The respondent also executed the contract. But all on a sudden..Category: Contract Law | Date: 5 Jan, 1999 | Hits: 249
Hefzur Rahman (Md.) Vs. Shamsun Nahar Begum and another,
....fzal CJ: Mataa is something to which a divorced woman is entitled and which the former husband is under an obligation to pay seems to follow naturally from the Ayat (241, Sura Bakara) itself. But the whole question is whether Mataa can be equated with maintenance as has been done by the High Court D......ision occasioning failure of justice. The error of law must have to be found within the framework of the suit and not beyond. Learned Judges’ interference with the appellate decree reducing the amount to Taka 600.00 per month for the maintenance of the son was legally bad on principle, for, th...... J: Under the strict interpretation of the word Mata’a all that can be given is three pieces of cloth sufficient for a divorced woman to pray. The maximum that can be given is half of the dower money fixed. But, of course, instances have been provided to us that Hazrat Hasan Bin Ali (R) gave h..Category: Family Law | Date: 3 Dec, 1998 | Hits: 2262
Firoz Miah Vs. State, 1998, 27 CLC (HCD)
....r bail of the appellant which may be filed on behalf of the appellant after receipt of the record. Send down the LC Records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 37....... Firoj Miah (present appellant) about 3 years before the occurrence. At the time of marriage cash money and other valuables were given to the accused but a few days after marriage he demanded further amount of dowry and sent back Sahara to her father’s house. Lastly, the accused demanded Taka 20,0......r one year more. 2. The prosecution case is that the deceased Sahara Begum was married to accused Firoj Miah (present appellant) about 3 years before the occurrence. At the time of marriage cash money and other valuables were given to the accused but a few days after marriage he demanded furthe..Category: Women and Children | Date: 30 Nov, 1998 | Hits: 103
....n Munshi, learned Advocate appearing for the petitioner submits that respondent Nos. 1 and 2 most illegally and without any jurisdiction passed the order of dissolution of the managing committee as a whole although there was no dispute as to the validity of the election of members from the category ...... authority and to be of no legal effect.
The order of stay granted at the time of issuance of the Rule is hereby vacated.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 115.
...... that respondent No. 3 Md. Fazlul Huq Gazi and respondent No. 4 Mozammel Hoque are respectable persons of the locality; that they have established the said School in the year of 1967 and have donated money and land for the purpose and in recognising of their contribution they were nominated as found..
Category: Civil Law | Date: 19 Aug, 1998 | Hits: 100
Dipak Kumar Roy @ Kazal Vs. State, 1998, 28 CLC (HCD)
....and order of stay stands vacated. Communicate the order to the Court below to proceed with the case in accordance with the law. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 603. ......me of the marriage and giving sum of Taka 50,000.00 twice as dowry after the marriage there is no allegation that on the date of occurrence the victim wife was assaulted over the demand of any agreed amount of dowry. Rather allegation is that the petitioner had assaulted his victim wife with fist bl......hat under section 2 of the said Act "dowry" will mean any property or valuable security given or agreed to be given at or before or after marriage and in the absence of any allegation in the FIR that money demanded on the date of occurrence had already been agreed upon no offence under section 11 of..Category: Women and Children | Date: 7 Jun, 1998 | Hits: 76
Lutful Karim and others Vs. Shahidullah and others, 1998, 27 CLC (AD)
....session has been erroneously not decided by the lower appellate court. For the above reasons, these petitions are dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 84. ......session has been erroneously not decided by the lower appellate court. For the above reasons, these petitions are dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 84. ...... main assertion of the defendants was that the defendants are the successors of Salamatullah who is the Vendee of the suit land sold by Charag Ali, the ancestor of the plaintiffs as he was in need of money. Charag Ali handed over possession to the Vendee after the sale, Charag Ali was an educat..Category: Civil Law | Date: 15 Mar, 1998 | Hits: 5
Idris Shaikh Vs. Jilamon Bewa and others, 1997, 26 CLC (AD)
....eason to differ. We have nothing to interfere in this case. The petition is dismissed accordingly. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 161. ......ase where a court passes a decree for specific performance of contract the court retains the jurisdiction to extend time under section 148 of the Code of Civil Procedure, to deposit any outstanding amount decided even though the decree contains a default clause that in default of the plaintiff to......eason to differ. We have nothing to interfere in this case. The petition is dismissed accordingly. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 161. ..Category: Contract Law | Date: 11 Dec, 1997 | Hits: 221
Bangladesh Moktijoddah Kalyan Trust rep. by MD Vs. Kamal Trading Agency & others. 1997, 26 CLC (AD)
....erest at the rate of 6% from 5-6-86 till realisation; failing which it will be executed as a money decree in the usual course. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 171. ...... along with 2% earnest money by 3-6-86. Accordingly respondent No.2 determined the highest market price of Taka 1,00,000.00 per Katha and a sum of Taka 5,00,000.00 for the structures making the total amount at Taka 66,15,000.00 which was the highest price at the relevant time. A Bank draft for Taka ......ne the highest market price. After long negotiation by a letter dated 31-5-1986 the appellant requested respondent No.2 only to submit his offer quoting the highest market price along with 2% earnest money by 3-6-86. Accordingly respondent No.2 determined the highest market price of Taka 1,00,000.00..Category: Contract Law | Date: 6 Nov, 1997 | Hits: 292
Md. Khalilur Rahman Vs. The State, 1977, 6 CLC (HCD)
....he 15th August 1975 when the full powers of the Government was assumed by Khondkar Moshtaque Ahmed, the then President of the Republic of Bangladesh. It is again from the 15th of August 1975 that the whole Bangladesh was placed under the Martial Law by a declaration broadcast from all the stations o......at an initial stage may be justified where the facts are so preposterous that even on the admitted facts no case can stand against the accused and that a further prolongation of the prosecution would amount to harassment to an innocent party and abuse of the process of the Court... There......ted 20-6-76 pending before the Sub-divisional Magistrate, Sadar Rajshahi, is quashed. Abdul Wadud Chodhury J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 50 ..Category: Criminal Law | Date: 12 Aug, 1997 | Hits: 2
Bangladesh Air Service (Pvt) Ltd. Vs. British Airways PLC., 1997, 26 CLC (AD)
....bitration, but is also an agreement to make the arbitration conditional upon and in consonance with the provisions of Arbitration. Act, 1950 (of England), which is a procedural law. Clause 14 as a whole is covered by exception 1 to section 28 of the Contract Act. There is no such thing as “fir......llegal a contract by which two or more persons agree that any dispute which may arise between them in respect of any subject or class of subjects shall be referred to arbitration, and that only the amount awarded in such arbitration shall be recoverable in respect of that dispute so referred.” ......ted from the on this question of public policy but those are unnecessary for the primary point in issue in the appeal. Ed. This case is also reported in: 49 DLR (AD) (1997) 187. ..Category: Contract Law | Date: 8 May, 1997 | Hits: 267
....tion-10 Mirpur Housing Estate (Holding No.10-B, 11/8- Mirpur, Dhaka within 4 (four) months from date.
There is no order as to costs.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 148.......tion-10 Mirpur Housing Estate (Holding No.10-B, 11/8- Mirpur, Dhaka within 4 (four) months from date.
There is no order as to costs.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 148.......upon him the and thereupon he on payment of rent is in the possession of the property and that Government having made offer to sell the property the said Mazahar Ali had paid 20% of the consideration money. It has also been contended by the Government that treating of the property as abandoned prope..
Category: Property Law | Date: 13 Mar, 1997 | Hits: 31
....the objections taken by the aggrieved party. We find it difficult to accept the submission of Mr. Pal on this point because it is a question of law and jurisdiction of the arbitrator is at stake. The whole fact of the award depends on the legality or validity of the appointment of the arbi......ng aggrieved by the said cancellation of the agreement the respondent No.1 in terms of the aforesaid agreement referred the matter of cancellation to the Additional Chief Engineer and claimed an amount of Taka 30 crore and odd as compensation on the ground that after conclusion of the agreement...... must furnish either in cash the amount awarded by the arbitrator to the court or security to the satisfaction of the court for awarded amount but in the instant case they have neither deposited money nor security to the satisfaction of the Court and in that view of the matter the written objec..
Category: Alternative Dispute Resolution | Date: 4 Apr, 1996 | Hits: 10
Eastern Chemical Industries Limited Vs. Government of Bangladesh and others, 1995, 24 CLC (HCD)
....tice. The petition does not merit issuance of a Rule. In the result, this application is rejected summarily without any order as to costs. Ed. This Case is also Reported in: 48 DLR (1996) 84. ......e and Taka 20348.78 is refundable on the grounds of abatement of duty in proposition to the diminution in value of the Methanol. The respondent 6 requested respondent 4 to take step for refunding the amount of Taka 20,348.78 to the petitioner or to adjust the same with other taxes. The petitioner st......tice. The petition does not merit issuance of a Rule. In the result, this application is rejected summarily without any order as to costs. Ed. This Case is also Reported in: 48 DLR (1996) 84. ..Category: Fiscal/Taxation Law | Date: 29 Aug, 1995 | Hits: 131
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