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J.S.M. Glass Industries Limited Vs. Deputy Commissioner of Taxes, 2014, 43 CLC (HCD)

....nce of being penalized for such non deduction as was threatened  by the DCT concern illegally. Therefore, such payment by the assessee-writ petitioner practically became a double payment, in the hands of the taxes department, of the same tax, since the tax department shall get tax from the earl......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

Secretary, Ministry of Finance, Internal Resources Division and others Vs. Sherajul Islam, 2014, 43 CLC (AD)

....levies showing the assessable duty at 15% ad velorem claiming the goods imported, to be of kind as described in 'Others in clauses (II) against HS Code 0712.10. The customs authority on the other hand treated the imported goods as Dunpeas (Motor dal) in clause (1) against HS Code 0713.10 and the......sp;            Ed. This Case is also Reported in: 20 BLC (AD) (2015) 64.           ..

Category: Constitutional Law, Fiscal/Taxation Law | Date: 22 Jul, 2014 | Hits: 6

Union Capital Limited Vs. Commissioner of Taxes, 2014, 43 CLC (HCD)

....y and accordingly the addition of the amount shown in the suspense account as a deemed interest income is required to be deducted from the total income of the Assessee-applicant. 9. On the other hand the learned Assistant Attorney General Ms. Nasrin Parvin, while taken this court through the pr......d in negative and in favour of the Assessee-applicant. 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: 21 Jul, 2014 | Hits: 3

Md. Jafar Ullah Vs. Bangladesh, 2014, 43 CLC (HCD)

....or for that matter any other club or organization in permitting any person to be involved in indoor games coming within the meaning of gambling. 6. Mr. Motahar Hossain, learned DAG, on the other hand submits that the games organized and offered by the petitioner to be played in his club premise...... given is hereby vacated. Communicate copies of this judgment to the respondents at once. Md. Badruzzaman J.- I agree. Ed.66 This Case is also Reported in: DLR (2014) (HCD) 380 ..

Category: Others | Date: 28 Jun, 2014 | Hits: 91

Mahabur Sheikh alias Mahabur Vs. State, represented by the Deputy Commissioner, Narail, 2014, 43 CLC (HCD)

....ment that admittedly the matter had been compromised outside the Court as a result of which the prosecu­tion witnesses did not support the charge of mur­der upon demanding dowry. On the other hand, the witnesses tried to establish that it was a case of suicide by hanging. However, the High C......n to interfere with the decision of the High Court Division. Accordingly, the criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 54. ..

Category: Women and Children | Date: 20 Jun, 2014 | Hits: 15

Motiur Rahman and others Vs. Siddika Begum and Others, 2014, 43 CLC (HCD)

....pondents-petitioners preferred this revi-sional application before this Court and obtained the present Rule. 12. At the time of hearing no one appeared on behalf of the petitioners. On the other hand, Mr. M Qumrul Hoque Siddique with Mr. Zead-AI-Malum with Mr. AKM Alamgir Parvez Bhuiyan, the le......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     ..

Category: Procedural Law | Date: 16 Jun, 2014 | Hits: 0

State Vs. Md. Sajjad Ali, 2014, 43 CLC (HCD)

....n front of the shop of Shafiqul (P.W. 8). At about 7-30 pm, accused Md. Sajjad Ali called the younger son of the informant, namely, Shuvon with the promise to offer him biscuit and caught hold of his hand and went away towards Parila village in the north. The accused also told Sohag and Sohan to go ......nection with any other case. Send down the lower Court records with a copy of this judgment to the concerned Court at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 161 ..

Category: Criminal Law | Date: 16 Jun, 2014 | Hits: 15

Mohoshin Miah (Md.) Vs. State and another, 2014, 43 CLC (HCD)

.... said bribe and accordingly the allegation was registered as FIR No. 3 of 2007 dated 10-4-2007 and making an inventory list of the Taka 4,000 presented by Abdus Salam Khokon was given back to him for handing over the same to the accused and ulti­mately the informant forming a trap party was awai......0 from Abdus Salam Khokon as bribe. They found the similarity between the recovered money with the inventory list prepared on the same day. The informant arrested the accused and seized the 8 (eight) notes of Taka 500 under a seizure list along with a OCR book and narrating the above facts lodged th..

Category: Anti-Corruption Laws, Criminal Law | Date: 10 Jun, 2014 | Hits: 8

Shahin Reza (Md.) Vs. Nasiruddin Howlader and others, 2014, 43 CLC (AD)

....udul Islam, Senior Advocate (Probir Neogi, Advocate with him) instructed by M Taufique Hossain, Advocate-on-Record—For the Appellant. AJ Mohammad Ali, Senior Advocate instructed by Bivash Chandra Biswas, Advocate-on-Record—For Respondent Nos. 3-22. Parimal Chandra Guha, Advocat......s to their predecessors and his paternal uncle in 14.4.1948. In cross-examination, this witness stated that he could produce paper in support of the settlement. In this connection, it is pertinent to note the con­testing defendants could not produce any scrap of paper in support of their settlem..

Category: Limitation Law, Property Law | Date: 5 Jun, 2014 | Hits: 11

Shafiqul Islam Vs. Bangladesh Bank and others, 2014, 43 CLC (HCD)

....kund Vs. Pirthiraj Ganesh Das AIR (1951) Patna-333; Jethanand vs State of Delhi AIR 1960 (SC) 59; MA Ghani Vs. Nasir Ahmed, 21 DLR 451; Queen Vs. Vine (1875) 10 QB-195; State of Bombay Vs. Vishnu Ramchandra, AIR 1961 (SC) 307; Channan Singh Vs. Jai Kuar (Smt.) AIR 1970 SC 349, page-351; Punjab Trade......ffence. It is designed to protect the public from the activities of undesirable persons who have been convicted of offences of a par­ticular kind. The section only enables the authorities to take note of their convictions and to put them outside the area of their activ­ities, so that the pub..

Category: Banking Law, Company Law | Date: 1 Jun, 2014 | Hits: 11

ECOM Agroindustrial Corporation Ltd. & another Vs. Mosharaf Composite Textile Mills Ltd, 2014, 43 CLC (HCD)

....s and there were no allegation of fraud practice upon the plaintiff. As per section 10(2) of the Arbitration Act when it is found that there is arbitration pro­ceeding, Court should keep its hands off from the proceeding pending before the Court………(50) If a Party r......ay of proceedings refers to all any interim freez­ing injunction or other security process. The words in section 9(4) are themselves derived from Art. II.3  of the New York Convention. It is noted by Professor Van den Berg in his authoritative word on the New York Convention, that the sum&s..

Category: Arbitration Law, Civil Law, Procedural Law | Date: 28 May, 2014 | Hits: 7

Elahi Box Sardar (Md.) Vs. Government of Bangladesh repre¬sented by Ministry of Communication and others, 2014, 43 CLC (AD)

....under the law and as such, the impugned decision calls for interference by this Court. 8. Mr. Sarder Rashed Zahangir, learned Deputy Attorney-General, appearing for the respondents, on the other hand, has supported the impugned decision. 9. From the impugned decision, it appears that the A......trative Appellate Tribunal, but for other grounds dis­cussed above. Accordingly, the petition is dis­missed. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 127.   ..

Category: Administrative Law | Date: 25 May, 2014 | Hits: 9

Amena Meher Vs. Md. Abdul Kader and others, 2014, 43 CLC (HCD)

....de and a direction may be given for appointment of the receiver in respect of the disputed litchi bagan. 6. Mr. Nasir Uddin Khan, the learned Advocate appearing for the respondents, on the other hand, submits that in view of the pendency of the Partition Suit No.253 of 2012 between the same par....... The office is directed to communicate this order to the Joint District Judge, 2nd Court, Pabna for compliance. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 61   ..

Category: Civil Law, Procedural Law | Date: 19 May, 2014 | Hits: 3

Beautiful Bibi Vs. Md. Sydur Rahman, 2014, 43 CLC (HCD)

....আগে হতে বিবাদীর সাথে আমার সম্পর্ক ছিল। সম্পর্ক হওয়ার পর বিয়ে হয়”। 35. On the other hand the defendant himself as D.W.1, his father D.W.2 and defendant's pater­nal cousin as D....... Bibi filed an application for DNA (deoxyribonucleic acid) test of the child Md. Biman and also of the defen­dant Saydur Rahman and for recording additional evidence on the matter. 19. It is noted that the Appellate Division in the Case of Managing Director Janata Bank Vs. Md. Bazlur Rahman..

Category: Women and Children | Date: 19 May, 2014 | Hits: 29

State Vs. Faisal Morshed Khan and another, 2014, 43 CLC (AD)

....17 of 2011, adopts the submissions made by Mr. Khurshid Alam Khan. 13. Mr. Shafique Ahmed, learned Senior Advocate appearing on behalf of respondents in both the criminal petitions, on the other hand, supports the impugned judgment delivered by the High Court Division. He further submits that a......ut forward by the respondent was correct as contained in exhibit-III. 16.Relying upon the case of Mohiuddin Khan Alamgir Vs. Anti-Corruption Commission (2010) 15 BLC 107, the High Court Division noted that it was held in that case that the valuation of the PWD offi­cials did not carry any e..

Category: Anti-Corruption Laws | Date: 5 May, 2014 | Hits: 8

Director General, Bangladesh Standards and Testing Institution Vs. Matiur Rahman and others, 2014, 43 CLC (AD)

....i was liable to be discharged. 7. Added respondent No. 6 contended that the service of the writ-petitioner had not been regularized in the post of Examiner under the revenue budget; on the other hand, she was appointed in 1989 as an Examiner of BSTI under the revenue budget on regular basis and......rectors by superseding him. 14. Mr. Sheikh Awsafur Rahman failed to show with reference to the materials on record that the observations made and the findings given by the High Court Division as noted down hereinbefore, particularly, the fact that the service of the writ-petitioner and 11 other..

Category: Employment/Service Law | Date: 4 May, 2014 | Hits: 7

Ayub Hossain Khan (Md.) Vs. Bangladesh and others, 2014, 43 CLC (AD)

....d peace for Bangladesh [In Civil Petition 1902 of 2011]……..Respondent Judgment May 4, 2014. Result: Both the appeals are dismissed. Cases Referred to- Dulichand Omraolal Vs. Bangladesh, 33 DLR (AD) 30; Mofazzal Hossain Vs. Bangladesh, 43 DLR (AD) 137; O......er memory by setting up an archive, far transcends any other interest and hence public interest to protect and preserve it, is beyond any qualm, overriding and over whelm­ing. 84. We do also note that the petitioner cannot claim equity based relief as he has not come with clean hands, first..

Category: Civil Law, Property Law | Date: 4 May, 2014 | Hits: 20

Khan Mohammad Ameer Vs. Atiqur Rahman and others, 2014, 43 CLC (HCD)

..... 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 Rahman Mullick constructed a two stori......t is directed to proceed with the suit as per law. Send down the lower Court's records at once. Communicate the order. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 2008 ..

Category: Civil Law, Procedural Law | Date: 30 Apr, 2014 | Hits: 6

Chittagong Steel Mills Ltd and another Vs. MEC, Dhaka & others, 2014, 43 CLC (AD)

....diqui, however, did not raise any other ground although leave was granted on many grounds. 7. Mr. Syed Amirul Islam, learned Senior Advocate, appearing on behalf of respondent No.1, on the other hand, supports the impugned judgment. He also relies upon a number of cases relating to awarding of ......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

হোটেল পূর্বাণী ইন্টান্যাশনাল লিমিটেড বনাম কমিশনার অব ট্যাক্সেস, 2014, 43 CLC (HCD)

....quantum of disallowance; because all the expenses were supported by properly maintained books of account, bills, voucher etc. He, therefore, pleaded for deleting the above disallowances. On the other hand the ld. D.R. defended the other of the ld. C.T(Appeals) and thereby pleaded that C.T(Appeals) o......ল না। বিচারপতি মোঃ ইমদাদুল হক আজাদ.- আমি একমত হইলাম। Ed. This Case is also Reported in:   ..

Category: Fiscal/Taxation Law | Date: 22 Apr, 2014 | Hits: 4