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Nazibul Islam & others Vs. Dr. Amanullah & Ors., 1988, 17 CLC (HCD)

....o of no substance. Accordingly, this Rule is discharged and the stay order granted by this Court is vacated. Naimuddin Ahmed J.- I agree. Ed. This Case is also Reported in: 40 DLR (1988) 94. ......Petitioners Vs. Dr. Amanullah & the State.............Opposite Parties Judgment March 1, 1988. Lawyers Involved: M. Fazlul Karim - For the Petitioners. Nurul Islam Chowdhury and Abul Kalam Azad — For the Opposite parties. Criminal Revision No.21 of 1987. Judgment ......o of no substance. Accordingly, this Rule is discharged and the stay order granted by this Court is vacated. Naimuddin Ahmed J.- I agree. Ed. This Case is also Reported in: 40 DLR (1988) 94. ..

Category: Criminal Law | Date: | Hits: 32

Mirza Shahab Ispahani Vs. Government of the Peo­ples’ Republic of Bangla­desh, 1987, 16 CLC (HCD)

....ty (Annexure-D). The petitioner has paid immovable property tax for the said property and he received notices for such taxes upto 30.9.75 all of which are Annexures-E series. The petitioner also paid income tax in respect of the property in question for the assessment year 1972-73 and the receipt of......a­desh, represented by the Secretary, Ministry of Works, Secretariat Building, Dhaka..........................Respondent Judment March 31, 1987. Cases Referred to- State of Bombay vs. Pandurang Vinayak and others, A.I.R. 1953 (S.C) 244; East End Dwelling Co. Ltd. vs. Finsbury Borough ......tore the disputed property to the possession of the petitioner within three months from date. Mohammad Ismail Uddin Sarker J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 87. ..

Category: Immigration and Citizenship Law | Date: | Hits: 188

Titas Gas Transmission and Distribution Company Ltd. Vs. Habib Oil Mills (BD) Ltd., 2001, 30 CLC (HCD)

....eceipt of the copy of this judgment. In the result, the Rule is disposed of with the aforesaid observation without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 35. ......s Case is also Reported in: 54 DLR (2002) 35. ......order dated 14-11-2000 is not tenable in law inasmuch as it has been passed in gross violation of the terms of the contract and to the great prejudice of the defendant company causing serious loss of revenue to the public exchequer. Subsequently, the learned lower Court failed to consider that for m..

Category: Civil Law | Date: | Hits: 115

Abu Lokman Vs. Commissioner of Customs & others, 2002, 31 CLC (HCD)

....aid sub section. Therefore, we do not find any substance in this Rule. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 34. ...... Abu Lokman……………………………..Petitioner Vs. Commissioner of Customs & others…………….Respondents Judgment July 8, 2002. Case Referred To- Mustafa Kamal and another Vs. Commissioner of Customs and others 52 DLR (AD) 1. Lawyers Involved: Md. Ramzan......g to the need of the hour to prevent inflow of foreign goods and to protect the indigenous industrial enterprise/concern from extermination, which objects coalesced with the aim of raising government revenue. From a plain reading of sub‑section (7) of section 25 it appears to us that the Governmen..

Category: Fiscal/Taxation Law | Date: | Hits: 56

Mirza Anwarul Islam alias Tanu Vs. State, 1999, 28 CLC (HCD)

....anted earlier by this Court is hereby vacated and the records which was called for be sent down at once to the concerned Court below. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 108. ......n 20-7-1992 leading to complaint case TR/Court Case/ Special/Dinajpur 4388/ 92-93 for realisation of a sum of Taka 96,608/85 being the arrear telephone bill, on the allegation that though repeated demands for the same was made but the defaulter accused petitioner has not paid the bill and, as such, ......anted earlier by this Court is hereby vacated and the records which was called for be sent down at once to the concerned Court below. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 108. ..

Category: Criminal Law | Date: | Hits: 37

American Express Bank Limited Vs. Chairman, National Board of Revenue and others, 2001, 30 CLC (HCD)

....of the petitioner be made part of the record. 2. This Rule Nisi was issued calling upon the respondents to show cause as to why the impugned letter dated 22-6-1998 of the respondent No.3 reopening income tax cases of the petitioner for six years from 1992-93 to 1997-98 (Annexure-1) and the contin......ion (Special Original Jurisdiction) Present: MM Ruhul Amin J Md. Munsurul Hoque Chowdhury J American Express Bank Limited……Petitioner Vs. Chairman, National Board of Revenue and others ……………………Respondents Judgment July 31, 2001. Lawyers involved: ......2-93 to 1997-98 are without lawful authority and of no legal effect. In the result the rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002)7. ..

Category: Fiscal/Taxation Law | Date: | Hits: 132

SA Coconut Mills Ltd. Vs. Government of the People’s Republic of Bangladesh and Others, 2001, 30 CLC (HCD)

....sion we are of the opinion that the Rule is liable to be discharged. In the result the Rule is discharged. There will he no order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 1. ...... Original Jurisdiction)ar Present: Syed Amirul Islam J AKM Shafiuddin J SA Coconut Mills Ltd…….……………Petitioner Vs. Government of the People’s Republic of Bangladesh and Others………. Respondents Judgment August 23, 2001. Cases Referred to- Talekhal ...... the pressure which they would face to divert a substantial part of their running capital for payment of customs duties and taxes. Furthermore, there is less likelihood for the Government to lose its revenue on account of deferring realisation of customs duties and taxes from them as they are, unlik..

Category: Fiscal/Taxation Law | Date: | Hits: 108

Shah Dairy Products Limited Vs. Commissioner, Customs, Excise and VAT Chittagong and others, 1999, 28 CLC (HCD)

.... entitled to demand that his liability to a higher charge should be made out with reasonable clearness before he is adversely affected.” In that case Lord Porter observed: “There is a maxim of income tax law which though it may sometimes be overstressed, yet ought not to be forgotten. It is t......sion (Special Original Jurisdiction) Present: Kazi Ebadul Hoque J Md. Muzammel Hossain J Shah Dairy Products Limited………………Petitioner Vs. Commissioner, Customs, Excise and VAT Chittagong and others………………Respondents Judgment June 7, 1999. Cases Re...... the above facts and circumstances we find no merit in this Rule. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 72...

Category: Fiscal/Taxation Law | Date: | Hits: 93

Tahera Begum and others Vs. First Court of Settlement and others, 2006, 35 CLC (HCD)

....ly included in the 'kha' list of the abandoned buildings. In the result, the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 59 DLR (2007) 173. ......s Case is also Reported in: 59 DLR (2007) 173. ......ly included in the 'kha' list of the abandoned buildings. In the result, the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 59 DLR (2007) 173. ..

Category: Property Law | Date: | Hits: 29

Md. Monzurul Islam Vs. National Board of Revenue and others, 2009, 38 CLC (AD)

.... Yellow Book value was valid, the High Court Division did not commit any error in discharging the Rule. The petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 211. ...... Present: MM Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Md. Abdul Aziz J Md. Monzurul Islam.....................................Petitioner Vs. National Board of Revenue and others ..............Respondents Judgment June 24, 2009. Lawyers Involved: Sufia Kha...... Yellow Book value was valid, the High Court Division did not commit any error in discharging the Rule. The petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 211. ..

Category: Fiscal/Taxation Law | Date: | Hits: 64

Anhar Ahamed Chowdhury and another Vs. Md. Shamsuzzaman and others, 2006, 35 CLC (HCD)

....eedings of Title Execution Case No. 3 of 2003 granted earlier is recalled and stands vacated. Send down the lower Court's record at once. Ed. This Case is also Reported in: 59 DLR (2007) 66. ...... This Case is also Reported in: 59 DLR (2007) 66. ......eedings of Title Execution Case No. 3 of 2003 granted earlier is recalled and stands vacated. Send down the lower Court's record at once. Ed. This Case is also Reported in: 59 DLR (2007) 66. ..

Category: Business or Commercial Law | Date: | Hits: 208

Ishaque Hossain Chowdhury Vs. Mrs. Shamsun Nessa Begum & ors., 1988, 17 CLC (HCD)

....he suit and pass judgment in accordance with law as it may deem fit and proper. Communicate this order to the court below at an early date. Ed. This Case is also Reported in: 41 DLR (1989) 22.......ate—For Opposite Party No. 1. Civil Revision No. 623 of 1988 Judgment Anwarul Hoque Chowdhury J.- This Rule arises out of an application under sec­tion 115 of the Code of Civil Procedure and is directed against the order dated 12-7-88 passed by the learned Assistant Judge, 6th Court, Dh......ged deed of purchase had not been acted upon and it had lost its validity in the eye of law whereas the opposite party Shamsun Nessa Begum on the other hand after purchase has mutated her name in the revenue record and paid rent upto 1392 B.S. and R.S. Khatian was prepared in her name and she has be..

Category: Property Law | Date: | Hits: 39

Abdul Khalek Khan Vs. Government of Bangladesh, 1986, 15 CLC (HCD)

....Additional District Judge dismissing the suit is maintained. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 21.......s Involved: Abdus Sattar Howlader - For the appellant. Fakhrul Islam, Assistant Attorney General - For the Respondent. Second Appeal No. 855 of 1966 Appeal preferred against the Judgement and decree dated 18.2.1965 and 27.2.65 passed by Additional District Judge 3rd Court Barisal in Titl......Additional District Judge dismissing the suit is maintained. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 21...

Category: Property Law | Date: | Hits: 36

Bashiruddin Ahmed Vs. Ministry of Finance, National Board of Revenue, 1996, 25 CLC (HCD)

....n the result, the Rule is discharged without any order as to costs. The stay order granted by this Court earlier is hereby vacated. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 33. ......……Petitioner Vs. Ministry of Finance, National Board of Revenue ……………Respondents Judgment August 18, 1996. Case Referred To- MA Khaleque Vs. Government of Bangladesh and others, 32 DLR 243. Lawyers Involved: AJ Mohammad Ali with AKM Asaduzzaman, Advocates—F......n the result, the Rule is discharged without any order as to costs. The stay order granted by this Court earlier is hereby vacated. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 33. ..

Category: Fiscal/Taxation Law | Date: | Hits: 86

BLAST Vs. Government of the People’s Republic of Bangladesh and others, 2007, 36 CLC (HCD)

....ir respective rural villages or to stay in urban area. If they so opt to go to the urban areas, to have rehabilitated thereby providing them with funds/loan for construction of houses and small scale income generating projects for sustenance with proper and regular monitoring by the State and until ......: 13 BLC (2008) 384, 8 LG (2011) HCD 325....... With the above observations the Rule is disposed of without any order as to cost. Communicate the order at once. Ed. This Case is also Reported in: 13 BLC (2008) 384, 8 LG (2011) HCD 325...

Category: Constitutional Law | Date: | Hits: 171

State Vs. Chief Editor, Manabjamin and others, 2002, 31 CLC (HCD)_Part Two

....ctly engaged as lawyers in such cases. It is hard to disregard the reports that every brother, son or son-in-law of a judge, whatever his merit or lack of it as a lawyer, can be sure of earning an income of more than Rs.10,000 a month. 331. Considering the entire statement the Indian Supreme......sion. Not only that she is a newscaster of BTV. She is an accomplished lady. She attended the General Session of the United Nations as a member of the Bangladesh Delegation. She along with her husband owns and manages the paper in question. What she did, she did independently of her husband as pr......ffice is directed to send a copy of this judgment to the Secretary, Law Commission, Dhaka, for perusal and necessary action. Ed. This Case is also Reported in: 57 DLR (2005) 359. Part One ..

Category: Criminal Law | Date: | Hits: 130

North South Property Development Ltd. Vs. Secretary, Ministry of Land and another, 1999, 28 CLC (HCD)

....tioner is that the respondent No.1 decided to undertake a project to develop 47.90 acres of land in Bhasantek area under Dhaka in Cantonment PS for rehabilitation and housing of slum dwellers and low income group people. Petitioner had discussion near the end of September, 1997 and orally directed b...... (Special Original Jurisdiction) Present: Kazi Ebadul Hoque J Md. Muzammel Hossain J North South Property Development Ltd……………...Petitioner Vs. Secretary, Ministry of Land and another……………….Respondents Judgment May 17, 1999. Cases Referred To- ......n the above facts and circumstances we find no merit in this Rule. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 7...

Category: Civil Law | Date: | Hits: 92

Oram Limited Vs. Commissioner of Customs Excise and VAT Commissionerate, Dhaka, 2000, 29 CLC (HCD)

....28,688.00 for the period from August, 1995 to May, 1997 are declared to have been made without lawful authority and are of no legal effect. Ed. This Case is also Reported in: 53 DLR (2001) 373. ...... Division (Special Original Jurisdiction) Present: Md. Fazlul Karim J Md. Abdul Wahhab Miah J Oram Limited………………….Petitioner Vs. Commissioner of Customs Excise and VAT Commissionerate, Dhaka………Respondents Judgment December 4, 2000. Result: ......s result of this unreasonable and unlawful decision the buyer stopped purchase from the petitioner and unemployment problem has arisen and the Government would be deprived of about 1.25 crore of Taka revenue earning per year if the petitioner’s factory is closed. 3. It has further been stated t..

Category: Fiscal/Taxation Law | Date: | Hits: 91

Government of Bangladesh Vs. Md. Atiar Rahman Khan and others, 2010, 39 CLC (AD)

.... is condoned. Preparation of the paper book is dis­pensed with as prayed for. The petitioner is permitted to add addi­tional ground. Ed. This Case is also Reported in: VII ADC (2010) 587.......resent: Md. Tafazzul Islam CJ Md. Abdul Matin J ABM Khairul Haque J Surendra Kumar Sinha J Government of Bangladesh………………......Petitioner Vs. Md. Atiar Rahman Khan and others..............Respondents Order January 10, 2010. Lawyers Involved: Murad Rez...... is condoned. Preparation of the paper book is dis­pensed with as prayed for. The petitioner is permitted to add addi­tional ground. Ed. This Case is also Reported in: VII ADC (2010) 587...

Category: Limitation Law | Date: | Hits: 149

National Board of Revenue Vs. Dulal Chandra Bhoumik, 2009, 38 CLC (AD)

....vision in Writ Petition No.8835 of 2008 is stayed till disposal of the appeal. The petitioners are permitted to add additional grounds. Ed. This Case is also Reported in: VII ADC (2010) 584. ......d. Abdul Matin J Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J National Board of Revenue represent­ed by the Chairman NBR Bhaban, Segunbagicha, Police Station-Ramna, District-Dhaka and another ……………………..Petitioners Vs. Dulal Chandra Bhoumik………………......vision in Writ Petition No.8835 of 2008 is stayed till disposal of the appeal. The petitioners are permitted to add additional grounds. Ed. This Case is also Reported in: VII ADC (2010) 584. ..

Category: Fiscal/Taxation Law | Date: | Hits: 73