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Ministry of Fisheries and Livestock's Vs. Obaid Jagirdar and others, 2010, 39 CLC (AD)
....ecord was prepared. Defendant No.4 created a Trust for welfare and charitable purpose and the defendant No.4 being a trustee of the aforesaid trust wanted to develop a Housing Estate and to utilize income there from for the welfare and charitable purpose of the said trust. In view of that he pra...... Appellate Division (Civil) Present: Md. Abdul Matin J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Ministry of Fisheries and Livestock's………………....Petitioner Vs. Obaid Jagirdar and others………......rived at a correct decision. We, therefore, find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 330. ..Category: Property Law | Date: | Hits: 25
Mohiuddin Khan and another Vs. Shihamul Haque and others, 2009, 38 CLC (AD)
....plaint and a decree for declaration that the settlement deed described in schedule ‘B’ is not binding on the plaintiffs. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 129. ....... ......plaint and a decree for declaration that the settlement deed described in schedule ‘B’ is not binding on the plaintiffs. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 129. ..Category: Property Law | Date: | Hits: 29
Habibur Rahman Mollah (Ex-Member of Parliament, Dhaka 4) Vs. State and another, 2010, 39 CLC (AD)
....sion Ain, 2004 read with Rule 15Gha (5) of the Emergency Powers Rules, 2007. The Commission investigated into the matter and having allegedly found disproportionate to the appellant's known source of income was of the opinion that he had committed offence punishable under the said provisions of la......ision (Criminal) Present: Md. Fazlul Karim CJ MA Matin J ABM Khairul Haque J SK Sinha J Habibur Rahman Mollah (Ex-Member of Parliament, Dhaka 4).........Appellant Vs. State and another…………………Respondents Judgment April 4, 2010. The Code of Criminal Pr......ances of the case. The submissions of the learned Counsel merit no consideration. The appeal is dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 233; 15 MLR (AD) (2010) 175. ..Category: Anti-Corruption Laws | Date: | Hits: 195
Narendra Chandra Das and another Vs. Sree Sree Gopal Bigraha and another, 2009, 38 CLC (AD)
....Shebayet has no power to alienate the Debuttar Property except in a case of need or for the benefit of the estate. He is not entitled to sell the property for investing the price of it to bring in an income larger than that derived from the property itself. 11. In the case of Bishnath and ano...... also Reported in: VII (ADC) (2010) 216. ......nt and decree dated 26.07.2004 passed by a Division Bench of the High Court Division in F. A. No. 54 of 1999 is hereby affirmed. Ed. This Case is also Reported in: VII (ADC) (2010) 216. ..Category: Property Law | Date: | Hits: 29
Shamsun Nahar Vs. Khairunnessa Sadiq and others, 2009, 38 CLC (AD)
....ant No.1). The dependant No.1 being a daughter received her father cordially and served him as best as she could. Munshi Imamuddin Dewan was not financially well of as his property yielded sufficient income. Munshi Imamuddin Dewan voluntarily and out of his deep affection for his daughter (defenda...... Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Md. Abdul Aziz J Shamsun Nahar .....................................Appellant Vs. Khairunnessa Sadiq and others...............Respondents Judgment May 6, 2009. Lawyers Involved: ......owed. The judgment of the High Court Division is set aside and those of the appellate court are restored without any order as to cost. Ed. This Case is also Reported in: VI ADC (2010) 72. ..Category: Property Law | Date: | Hits: 33
....f the Revenue that in the contract signed between the Government and the PSI agencies there is clear mention that PSI agencies would be required to pay all local taxes including VAT in respect of the income and profit of the PSI agencies, that the service rendered by the PSI agencies is not extra-te......t
Appellate Division
(Civil)
Present:
Md. Ruhul Amin J
MM Ruhul Amin J
Md. Tafazzul Islam J
National Board of Revenue, represented by it’s by its Chairman, Segunbagicha, Dhaka and others......Appellants (In all the cases)
Vs.
Intertek Testing Services International Ltd.......als by leave are against the common judgment of the High Court Division dated May 25, 2003 in Writ Petition Nos. 3475, 3439 and 3480 of 2002 making the Rules absolute upon declaring the action of the revenue levying VAT on the fees and commissions of the writ-petitioners who acted as Pre-shipment In..
Category: Fiscal/Taxation Law | Date: | Hits: 95
Abdus Samad Sheikh and another Vs. Khaleda Begum and others, 2009, 38 CLC (AD)
.... rejecting the application and affirming the order dated 24-7-2008 passed by the learned Joint District Judge, 1st Court, Barisal in Money Suit No. 3 of 2006 allowing the application for auditing the income of plaintiff industry. 2. The facts, in short, are that the plaintiff in order to set ......Supreme Court Appellate Division (Civil) Present: MM Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Md. Abdul Aziz J Abdus Samad Sheikh and another………………….Petitioners Vs. Khaleda Begum and others...................onal application. We find no substance in this leave petition which is accordingly dismissed with the above observation. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 24. ..Category: Others | Date: | Hits: 94
Collector of Customs and others Vs. TK Oil Refinery Ltd. and 22 others, 2009, 38 CLC (AD)
....y and other duties on the basis of normal price so fixed. All the appeals are dismissed with the observation as made above. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 217. ...... 217. ......ustoms authority fixed, through internal circular, certain prices of CDSO and CPO for the purpose of assessment of customs duties terming the same as "indicative value" but under the Customs Act, the revenue realising Authority or the Customs Authority is authorised to fix tariff value under secti..Category: Fiscal/Taxation Law | Date: | Hits: 86
....e for declaration that the settlement deed described in schedule 'B' is not binding on the plaintiffs.
This Case is also Reported in: 15 MLR (AD) (2010) 1; VII (ADC) (2010) 113; 7 LG (AD) 2010, 5.
......(ADC) (2010) 113; 7 LG (AD) 2010, 5.
......e for declaration that the settlement deed described in schedule 'B' is not binding on the plaintiffs.
This Case is also Reported in: 15 MLR (AD) (2010) 1; VII (ADC) (2010) 113; 7 LG (AD) 2010, 5.
..
Category: Property Law | Date: | Hits: 43
State Vs. Mirza Abbas, 2009, 38 CLC (AD)
....therefore no valid reason to interfere with the impugned judgment. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 7 LG (AD) (2010) 76; 15 MLR (AD) (2010) 141. ......e…………………Petitioner Vs. Mirza Abbas……………..Respondent Judgment November 23, 2009. Result: The petition is dismissed. Cases Referred To- Mst. Mumtaz Begum and others Vs. The State 1968 PCrLJ 97; Muhammad Yaqoob Vs. State PLD 1978 Karachi 723. Lawyers I......therefore no valid reason to interfere with the impugned judgment. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 7 LG (AD) (2010) 76; 15 MLR (AD) (2010) 141. ..Category: Fiscal/Taxation Law | Date: | Hits: 75
Md. Enamul Huq and others Vs. Bijoy Chandra Khasnabish and others, 2008, 37 CLC (AD)
.... out of which Tk. 50,000/- was paid by him as earnest money. It was stipulated that the sale deed would be executed and registered in favour of the plaintiff within 3(three) years after receiving income-tax clearance certificate as well as the payment of balance consideration, failing which the ......rted in: VI ADC (2009)1003, 16 MLR (AD) (2011) 454.......refore find no reason to interfere with the same. The petition is accordingly dismissed upon condonation of delay. Ed. This Case is also Reported in: VI ADC (2009)1003, 16 MLR (AD) (2011) 454...Category: Limitation Law | Date: | Hits: 255
Ujjal Rani Banik and others Vs. Sree Krishna Chandra Banik and others, 2008, 37 CLC (AD)
....t family Balaram alone did never claimed the property and he alone also did not possess the same. Balram as the elder brother and Karta of the joint family purchased the land in his name out of the income of joint property; that the plaintiff purchased 0.03 acre land from suit S.A. Khatian No. 1......(AD) (2009) 303. ......ubmissions of the learned Advocate for the petitioner deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 303. ..Category: Property Law | Date: | Hits: 99
M/S. Madina Trading Corporation Vs. The Commissioner of Customs and another, 2008, 37 CLC (AD)
.... substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 298. ......Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Hassan Ameen J M/S. Madina Trading Corporation…....................Petitioner Vs. The Commissioner of Customs and another….....Respondents Judgment June 10, 2008. Lawyers Involved: ...... substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 298. ..Category: Fiscal/Taxation Law | Date: | Hits: 112
Moyez Uddin Sikder and others Vs. State, 2007, 36 CLC (HCD)
....g probe, case filing or First Information Recording, investigation, pre trial procedures or during the trial under any act mentioned in this provision or provision 14 and 15. 19F. Verification of income tax certificates etc.- During investigation of corruption cases and placing it as evidence.- ......his Case is also Reported in: ......bstinate expression. Accordingly, the question raised at the Bar is hereby resolved with the observations as above. SM Emdadul Hoque, J.- I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 101
Ahmed Hossain Khan Vs. Mosammat Hamida Begum Chowdhury and another, 2007, 36 CLC (AD)
....lated in the agreement for sale that the seller i.e. defendant No.1 within 7 months from the date of agreement would complete the execution and registration of the deed of sale upon obtaining income tax Certificate and on completion of the other formalities and that having had realized that...... Md. Tafazzul Islam J Md. Hassan Ameen J Ahmed Hossain Khan…......................................................Appellant Vs. Mosammat Hamida Begum Chowdhury and another…..........Respondents Judgment April 5, 2007. Lawyers Invo...... discussion made hereinabove we find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 901. ..Category: Property Law | Date: | Hits: 100
A.K. Reazul Karim Vs. State, 1983, 12 CLC (AD)
....s are allowed. Proceedings are quashed and the judgment of the High Court Division is set aside. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 113. ......ons 80-83 only to a Customs Officer who is kingpin of the entire enactment.................(22) The Customs Act, 1969 (IV of 1969), Section 6 Customs officer's authority under the Customs Act and that the Police Officer under the Code of Criminal Procedure are different. The Police officer h...... offence is committed.............(41) Scheme of the Customs Act-Augmenting Revenue The entire scheme of the Customs Act shows that the main concern of the Customs Authority is to augment the revenue by levying tariff duties under the Customs and Tariff Acts and for preventing smuggling.......Category: Fiscal/Taxation Law | Date: | Hits: 129
Surendra Mohan Bandayapadhya Vs. Lalit Mohan Das, 2009, 38 CLC (AD)
....onsideration on the facts and evidences on record. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 825. ...... ......and also prayed for confirmation of possession. The plaintiff Nos.1 and 2 claimed title by way of inheritance and the plaintiff Nos.3 and 4 claimed title on the basis of auction sale in a revenue case and that the defendant Nos.3 and 4 some time after partition of India left East Pakis..Category: Property Law | Date: | Hits: 38
Bhawal Raj Court of Wards Estate Vs. Rasheda Begum and others, 2009, 38 CLC (AD)
....and will be of no effect in the eye of law. Accordingly with the above observations the leave petitions are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 401. ......in J Shah Abu Nayeem Mominur Rahman J Bhawal Raj Court of Wards Estate, represented by its Manager, Dhaka.................Petitioner (In all the cases) Vs. Rasheda Begum and others .........Respondents (In Civil Petition No.1447 of 2008). Nazma Akhter Banu and o......ing and possessing their respective case land as tenants on payment of rates and rents initially to the Bhawal Raj Court of Wards Estate and subsequently after cessation of Zamindary system to the revenue authority of the Government openly and publicly without any objection. During the recent Ma..Category: Property Law | Date: | Hits: 67
Zohiruddin Majumdar & others Vs. Salamatullah, 2008, 37 CLC (AD)
....on took a correct view in the matter. We do not find any cogent reason to interfere with the same. 9. The leave petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 794. ...... Petitioners. A. S. M. Khalequzzaman, Advocate-on-Record-For Respondent No.1-7. Not represented-Respondent No. 8-17. Civil Petition for Leave to Appeal No. 405 of 2006. (From the judgment and order dated 15.12.2005 passed by the High Court Division in Civil Revision No. 4375 of 2003.) ......on took a correct view in the matter. We do not find any cogent reason to interfere with the same. 9. The leave petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 794. ..Category: Tenancy Law | Date: | Hits: 155
Pulin Behari Bairagee and others Vs. Ananda Chandra Dakua and others, 2009, 38 CLC (AD)
....e judgment and decree. 12. In such view of the matter we find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 791. ......ported in: VI ADC (2009) 791. ......e judgment and decree. 12. In such view of the matter we find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 791. ..Category: Property Law | Date: | Hits: 27
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