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....AT or tax upon first issue of a notice asking to show cause and then, upon hearing, within 90 days to make a final demand in respect of any VAT or tax unpaid, evaded or less paid.
14. On the other hand, section 37 of the said Act defines various offences and punishments for such offence. Before a......05 (Annexure-C) is hereby declared to have been issued without lawful authority and, as such, of no legal effect. Communicate at once.
Ed.
This Case is also Reported in:61 DLR (HCD) (2009) 734.
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Category: Fiscal/Taxation Law | Date: | Hits: 131
....a copy of this judgment and order be sent to the Hon'ble Prime Minister for perusal and necessary action as per our observations made above.
Ed.
This Case is also Reported in:55 DLR (2003) 171.
....... 8 dated 29‑12‑1997, which Bangladesh would get from the earning by the proposed project. This indicates arbitrariness on the part of the government officials involved in processing the file and notes for the impugned approval. The government officials involved in the process of the impugned ap..
Category: Others | Date: | Hits: 113
BRAC vs. National Board of Revenue and another, 2008, 37 CLC (HCD)
....l cannot be restricted by imposition of any restriction or condition 'onerous than what was there since such imposition of condition or restriction is not a matter of procedure. 22. In the case at hand, by omission of clause (b) of sub-section (2) the requirement of payment of the tax was reduced......gal and/or unauthorized and as such, of no legal effect. In the result, the Rule is discharged with cost. Communicate at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 245. ..Category: Fiscal/Taxation Law | Date: | Hits: 171
Md. Abul Basher Vs. The Judge, First Artha Rin Adalat, Chittagong and others, 2008, 37 CLC (HCD)
.... the execution case it will automatically come to an end whatsoever and therefore, the impugned order should be liable to be declared to have been passed without lawful authority. 10. On the other hand, Mr. Md. Faruk Hossain, the learned Advocate appearing on behalf of the respondent No.2, Bangla......to dispose of the Artha Rin Execution Case No.208 of 2004 expeditiously. Communicate the judgment to the Adalat concerned at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 208. ..Category: Civil Law | Date: | Hits: 136
Abdul Mannan Mathbar Vs. Nazmul Hoque Majumder and others, 2009, 38 CLC (HCD)
....dants have no right, title and interest and possession in the suit land at any time and after purchase of the suit land the plaintiff made boundary of the suit land by thatched fence and on the other hand the defendant also purchased 24.30 decimals of land from the co-sharer of the suit plot and in ......rt at the time of issuance of the rule is hereby vacated. Lower Court's records be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 317. ..Category: Civil Law | Date: | Hits: 94
Mrs. Rokeya Begum Vs. Chartered Credit Cooperative Ltd., 2009, 38 CLC (HCD)
....ion of the case is an abuse of the process of the Court and as such the proceeding is liable to be quashed. 8. Mr. Muhd. Mofazzal Hossain, the learned Advocate for the opposite party, on the other hand, submits that the complainants filed the case under section 138 of the Negotiable Instruments a......itan Assistant Sessions Judge, 5th Court, Dhaka should not be quashed. 29. The order of stay granted earlier shall stands vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 274. ..Category: Criminal Law | Date: | Hits: 70
.... in the meantime, if so advised.
The applications for addition of party filed by the different applicants be kept with the record.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 257.
......ed above, we are of the opinion that in the instant case nothing including year-to-year licences shall stand on the way of implementation of the judgment.
37. In this connection it is important to note that on February 5,2010, a special forest Bench of Indian Supreme Court headed by Chief Justice..
Category: Environmental Law | Date: | Hits: 731
....arty alongwith a leassor and in a proper case a party can be added even in a proceeding in Revision stage.................................(14)
Cases Referred to-
Parimal Majumder alias Parimal Chandra Majumder Vs. Abdul Sobhan, 39 DLR HCD 352; Subash Chandra Haider and another Vs. Abdul Bari a......ition as opposite parties is allowed. Petitioners are added as Eighth Fifteenth opposite parties in Civil Revision case.
No cost.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 393.
..
Category: Property Law | Date: | Hits: 82
....hmed Vs. Bangladesh, 49 DLR (AD) 111 on the ground of maintainability of writ even when alternative remedy is available.
6. Mr. Abdus Samad Kamal, the learned Deputy Attorney-General, on the other hand, opposes the Rule by taking preliminary point on the ground of maintainability of the writ peti......writ petition is not maintainable.
In view of the discussions as made above, the Rule is discharged without any order as to cost.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 728.
..
Category: Administrative Law | Date: | Hits: 494
Anwar Hossain (Md.) Vs. State, 2008, 37 CLC (HCD)
....or of the accused. Though an accused is charged with one offence he may be convicted for another kind of offence if the allegations made in the charge are proved beyond reasonable doubt. On the other hand, the accused cannot be convicted if the allegations made in the charge constituting the offence......anted in any other connection. Send down the lower Court records along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 671. ..Category: Criminal Law | Date: | Hits: 74
....tion 3, 5(1) and 5(3) of the Emergency Requisition of Property Act, 1948 (the 1948 Act) were duly served on 31-5-1966 and 18-7- 1966 observing all legal formalities and the possession of the land was handed ever to the requiring body on 19-4-1966 (sic) including the disputed land of the writ petitio......sued under section 5(7) notifying the fact of acquisition of 662.0951 acres out of 910 acres. Some land was excluded due to the Court cases pending and some land was derequisitioned, according to the note sheets of the said LA Case file of the Office of the Deputy Commissioner, Dhaka. We find from t..
Category: Property Law | Date: | Hits: 121
Sadek Hossain Khoka and others Vs. Election Commission for Bangladesh and others, 2008, 37 CLC (HCD)
....f the said authority is disqualified under Article 12(1) (c) of the PO 155 of 1972 to contest the parliamentary election……………………..(35) Case Referred to- Kanta Kanaia Vs. Manak Chand, AIR 1970 SC 694; Karbhari Bhimaji Vs. Shankar Rao, AIR 1975 SC 575; AIR 2004 (SC) 141; Shibu S......ল হইতে মাসিক সম্মানীভাতা ও অন্যান্য সুবিধাদি প্রাপ্য হইবেন৷ In this regard, it is pertinent to note that vide gazette notification dated 14-10-2002 the Mayor or Dhaka City Corporation and the May..Category: Constitutional Law | Date: | Hits: 466
....ch is also spoken of as "ex visceribus actus" helps in avoiding any inconsistency either within a Section or between two different Sections or provisions of the same statute. [Sultana Begum Vs. Prim Chand, AIR 1997 SC 1006]……………..(32)
While interpretation the provisions of a statute, th.......
11. Chittagong Metropolitan Chamber of Commerce and Industry is respondent No.5 in Writ Petition No.1669 of 2009 and respondent No.6 in Writ Petition No.2386 of 2009. For convenience, we shall denote Chittagong Metropolitan Chamber of Commerce and Industry as CMCCI in this judgment. The case of..
Category: Others | Date: | Hits: 107
Bangladesh Water Development Board Vs. MR. Sikder, 2003, 32 CLC (HCD)
....nd the learned Arbitrator rightly made the award on taking into consideration all material aspects of the case and the material evidence on record. 4. The case of the defendant Board, on the other hand, is that although an agreement was signed between the parties for completion of the work on the......that he received on 29‑11‑93 a letter from Mr. Justice Abdur Rahman Chowdhury intimating them that the date of hearing of the arbitration case was on 25‑11‑93. All these things have been duly noted in the office register. 23. D.W.4 Md. Saifulla Talukder, at present Executive Engineer, Chi..Category: Alternative Dispute Resolution | Date: | Hits: 543
Sadiul Alam Vs. State, 2012, 41 CLC (HCD)
....he bank filed Artha Rin Case No.57 of 2002 before the Artha Rin Adalat No.3, Dhaka for realization of the same. During pendency of the Artha Rin Case, though the accused-petitioner and other partners handed over 24 Taxi Cabs to the bank, they did not hand over 6 Taxi Cabs to the bank authority. It i......r view on the principles of quashing the proceedings was, subsequently, followed in the decision in the case of Ali Akkas Vs. Enayet Hossain, 17 BLD (AD) 44 = 2 BLC (AD) 16. 12. It is pertinent to note that the inherent power under section 561A of the Code of Criminal Procedure can be invoked at ..Category: Criminal Law | Date: | Hits: 92
Touhid & Others Vs. State, 2006, 35 CLC (HCD)
.... of Public Prosecution, 1944 AC 315= (1944) 2 All ER 13; Barendra Kumar Ghosh Vs. Emperor, AIR 1925 PC 1; Hassan Vs. State, 1969 Criminal Law Journal, 1007; Mahbub Shah Vs. Emperor, AIR 1945 PC 118; Chand Mia alias Chan Mia Mondal and others Vs. State, 42 DLR (AD) 3; Barendra Kumar Ghosh Vs. Emperor......urus Praesumitur Mentire i.e. a man will not meet his Maker with a lie in his mouth. It has always to be kept in mind that though a Dying Declaration is entitled great weight, yet it is worthwhile to note that as the maker of the statement is not subjected to cross-examination, it is essential for t..Category: Criminal Law | Date: | Hits: 98
Md. Liton Miah alias Ripon Vs. State, 2006, 35 CLC (HCD)
....arms and ammunition and corroboration from independent source becomes imperative in carrying guilt to the door of accused-person and, also, base conviction and sentence upon him. 6. In the case in hand no such independent corroboration is available in support of versions provided by highly intere......t liberty at once if not wanted in connection with any other case. 11. Lower Court's Record be sent down as immediate as possible. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 277. ..Category: Criminal Law | Date: | Hits: 125
Md. Abdul Wahab Sarker and others Vs. Md. Shahid Sarker and others, 2009, 38 CLC (HCD)
....ite Parties Judgment August 7, 2009. Result: The rule is made absolute. Cases Referred to- Santosh Kumar Chakraborty Vs. M.A. Motaleb Hossain and another, 1985 BLD (AD) 59; Keshab Chandra Vs. Baliganj Estate Pvt. Limited, 76 CWN 281; Abdur Rashid and another Vs. Abdul Barik and an......opposite party Nso.1-8 has candidly refuted the submissions of the learned Advocate for the petitioners and submitted that the trial Court upon consideration of the evidence of the parties and taking note of the evidence has clearly found that the summons/notices were served upon the defendants, the..Category: Procedural Law | Date: | Hits: 133
Fakir (Md.) Tariqul Islam Vs. State and others, 1996, 25 CLC (HCD)
....;reported in 2 BCR 1982 (HCD) 4 and another case from the Indian jurisdiction namely, Niaz Muhammad Baksh Vs. Emperor AIR 1939 (Sind) 148. 6. The learned Assistant Attorney‑General, on the other hand, vehemently contends that since the alleged offence is an offence under the Criminal Law Amendm......r of application in the present case. In that view of the matter, we confirm and uphold the impugned orders and discharge the Rule. Ed. This case is also Reported in:49 DLR (HCD) (1997) 419. ..Category: Criminal Law | Date: | Hits: 130
....ination of 1987 held in the year 1989. The petitioners were served with notices dated 20‑10‑90 directing them to submit written statement by way of showing cause to be written in their respective hands to respondent No.2 for alleged offences of depositing answer script/papers written from outsid......0 of 1992 we hold that this Writ petition is not maintainable.
In the result the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 567.
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Category: Constitutional Law | Date: | Hits: 300
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