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Ansar Ali Vs. Yeasin Mea and others, 1993, 22 CLC (HCD)

....es and addresses of the persons who are necessary parties in the suit, and another for withdrawing the suit from the list of peremptory hearing. The learned Trial Court allowed the prayers subject to payment of Tk. 1000.00 as CP Cost and fixed 7.7.91 for orders. Before this date on 5.6.91 the plaint......acated. The learned trial Court is hereby directed to conclude the trial expeditiously preferably within 3 (three) months from date. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 517...

Category: Procedural Law | Date: | Hits: 68

Bangladesh Service Limited Vs. The Commissioner of Taxes, Dhaka (North) Zone, Dhaka, 1992, 21 CLC (HCD)

....the super tax. In order to get rebate @ 5% on super‑tax for the assessment year in question the assessee should be a public limited company, it must make effective arrange­ment for declaration and payment of dividend in the taxable territories out of the profits and gains liable to be taxed under......answer the question Nos. 4 and 5 in the affirmative and against the assessee. The parties are left to bear their respective costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 510. ..

Category: Fiscal/Taxation Law | Date: | Hits: 139

Yunus Mia (Md.) and others Vs. Secretary, Ministry of Public Works & Urban Development, Government of Bangladesh and others, 1991, 20 CLC (HCD)

....ities were taking step to transfer the land under requisition to some other persons and they were threatened with eviction forcibly from the land on 28.11.80. The petitioners moved the Government for payment of just and fair compensation and for allotment of the alternative plots in vain. Thereafter......ion under Article 102 of the Constitution. In view of our aforesaid discussion, we discharge the Rule without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 498...

Category: Property Law | Date: | Hits: 79

Nurul Islam Vs. Morshedul Alam and Others, 2011, 40 CLC (AD)

....wdhury, father of defendant No.21 and the brother’s son of the said Makbul Ali, acquired kot mortgage interest in the suit land from Sultan Ahmed Bahaddar by a registered kabala dated 11.09.1924 on payment of proper consideration and he possessed the suit land in khas as the mortgagee under the he......ce with the impugned judgment and decree. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD)(2012) 3, 32 BLD (AD) (2012) 25. ..

Category: Property Law | Date: | Hits: 116

Barrister Nazmul Huda and another Vs. State and another, 2011, 40 CLC (HCD)

....n the L.C. records along with a copy of this Judgment and order to the Court concerned immediately for information and necessary action. Ed.This Case is also Reported in: 16 MLR (HCD) (2011) 381. ......Hossain, disclosed this fact to his business friend Engineer, Khan Md. Aftabuddin. On 12.02.2005 Mir Zahir Hossain and his friend Engineer Khan went to the Dhanmodi residence of the Minister with two cheques for 2 crore (one core each cheque) and gave the said 2(two) cheques to the Minister, Barrist..

Category: Criminal Law | Date: | Hits: 101

Professor Golam Azam Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)

....lief after positive action had been taken by the holder of the certificates against him in execution of the disputed certificates. Rather, he submitted to the same and prayed for some instalments for payment of the dues under the said certificates which were granted by the certificate officer but th....... 153. I, therefore, having agreed with the Judgment delivered by BI Chowdhury, J make the Rule absolute. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 423. ..

Category: Immigration and Citizenship Law | Date: | Hits: 343

Government of Bangladesh Vs. M Anwar Hossain and others, 2011, 40 CLC (AD)

.... is quite distinguishable. In that case, Qazi Kamal with the prior permission of RAJUK purchased a plot of land with building at Gulshan from the original allottee after performing formalities and on payment of required fees as demanded by the RAJUK. Thereupon, the purchaser Qazi Kamal applied to th......judgment of the High Court Division is set aside. These petitions are disposed of with the above observations. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 155, VIII ADC (2011) 901. ..

Category: Property Law | Date: | Hits: 68

Helm Dungemittel Gmbh Vs. BCIC and another, 2009, 38 CLC (HCD)

....desh Chemical Industries Corporation ("BCIC") and Hong Kong and Shanghai Banking Corporation Limited ("HSBC)" as respondent Nos.1 and 2 respectively for restrain­ing the respondent No. 2 from making payment to the respondent No.1 under two performance guarantees issued by the respondent No.2 in fav......f any order to have been made by this Court in conjunction with the Arbitration Application No.1 of 2007. There is no order as to costs. Ed. This Case is also Reported in: 16 BLC (2011) 783. ..

Category: Alternative Dispute Resolution | Date: | Hits: 172

M/S. Concord Ready Mix and Concrete Products Ltd. Vs. Tax Settlement Commission and another, 2009, 38 CLC (AD)

....uthority in rejecting the settlement application. But the High Court summarily rejected the said writ petition by a judgment and order dated 02.07.1998 on the finding that Section 152D(2)(a) requires payment of the payable tax on the basis of the return filed by the assessee on or before he files re......, we find no sub­stance in the submissions of the learned Counsel for the appellant. Accordingly, the Appeal is dismissed in ex-parte. Ed. This Case is also Reported in: VIII ADC (2011) 428. ..

Category: Fiscal/Taxation Law | Date: | Hits: 113

Oriental Bank Ltd. Vs. Federal Insurance Company Ltd., 2010, 39 CLC (HCD)

....2004 and also submitted two Insurance Guarantees of Taka 2 Crore and Taka 4 Crore, both dated 18.6.2006, with validity up to 31.12.2006 (“the Guarantees” as necessary). The borrower having made a payment of Taka 1.71 Crore by Pay Order dated 20.3.2006 as adjustment for the loan however failed su......e. It is evident, thereafter, that the Petitioner and the borrower engaged themselves in another exercise at recovery of the dues from the borrower. This is evident in particular in the issuance of a cheque dated 15.7.2007 by the borrower for Taka 7.5 Crore in favour of the Petitioner but payment un..

Category: Company Law | Date: | Hits: 203

Trade Channel Vs. Collector of Customs, Customs House Chitta­gong and others, 1990, 19 CLC (HCD)

....0.48 or Tk. 93,06,749.75 (at the exchange rate of one US $ = Tk. 34.4951) referred to in paid up Bill of Entry Annexure‑F, (showing LC dated 12.2.90) had reached the Chittagong Port from USA and on payment on 18.7.90 of the Customs Duty @ 30%, Development Surcharge @ 8%, Advance Income Tax @ 2% an...... justly if the Bills of Entry have been presented by the petitioner. Let a copy of this order be sent to the Collector of Customs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 127. ..

Category: Fiscal/Taxation Law | Date: | Hits: 131

MM Enterprise Limited Vs. General Certificate Officer, Collectorate Building, Comilla, 1992, 21 CLC (HCD)

....Bank arbitrarily fixed an amount much higher which was far above the market price. On 4.8.82, the petitioner addressed a letter to the Manager of the Bank with request to release the potatoes against payment of loan advanced plus interest accrued thereon and to add another 5% on it to be on the safe......of the case, Mr. Abdul Wadud Khandaker the learned Advocate appearing for the petitioner has argued that the Public Demands Recovery Act 1913, was enacted for recovery of dues payable to the Public Exchequer, Land Revenue, Income Tax, Customs Duty, Sales Tax, Excise Duty and other taxes payable to t..

Category: Civil Law | Date: | Hits: 99

Ansar Ali Khan Vs. Chief Election Commissioner and others, 1992, 21 CLC (HCD)

....le that the date for submission of nomination papers to the Returning Officer was fixed by the Election Commission to be on 7th December, 1991. Admittedly the petitioner was a defaulter in respect of payment of arrears of loan amounting to Taka 10,540.00 to the Mirzapur Branch of Bangladesh Krishi B......r nomination as Chairman or member to contest the said election. On the ground stated above the application is summarily rejected. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 379. ..

Category: Election Law | Date: | Hits: 128

Bangladesh Krishi Bank Vs. M/s. Dadajee Ice Plant and Cold storage Ltd. and others, 2010, 39 CLC (HCD)

.... was entrusted to establish three Ice Plants in Bangladesh and in terms thereof the defendant-respondents decided to establish Ice Plant and cold storage on the supply of the necessary machineries on payment of fund in foreign currency and the defendant would purchase land and construct Factory buil...... Artha Rin Suit No.103 of 2001 is maintained. Let a copy of the judgment along with lower Court’s record be sent down at once. M. Moazzam Husain J.- I agree. This Case is also Reported in: ..

Category: Civil Law | Date: | Hits: 217

President, Coronation Hall Committee and Deputy Commissioner, Khulna Vs. Executive Committee, Khulna & others, 2011, 40 CLC (HCD)

....S.A. Khatian (Exhibit- Umma and Umma-1) name of the defendant has been recorded as owner as well as the land development tax receipt (খাজনা দাখিলা), Exhibit-4 series, also prove payment of Khazna in the name of the defendant. Exhibit-2 S.A. Khatian No.7 and the Khazna Dhakila p......ourt Records along with the copies of the judgment to the court below. Communicate the order at once. MA Hye J.-I agree This Case is also Reported in: 63 DLR (2011) 666. ..

Category: Property Law | Date: | Hits: 89

AR Bhuiyan and Company Vs. Commissioner of Taxes, Dhaka (South) Zone, Dhaka, 1992, 21 CLC (HCD)

....pretation of provision of section 10(2)(XVI) of the Income Tax Act; (ii) Whether on the facts and in the circumstances of the case, the learned Appellate Tribunal is justified in disallowing the repayment of loan amounting to Tk. 1,37,500.00. The assessee earned income, profits and gains from ......xes under Income‑Tax Act. For the aforesaid discussion, we answer the question No.1 in the affirmative and against the assessee. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 347. ..

Category: Fiscal/Taxation Law | Date: | Hits: 90

Anil Krishna Mondal Vs. Chairman, Labour Court and others, 1991, 20 CLC (HCD)

....y the Respondent‑company on the allegations, inter alia, that prior to Eid‑ul‑Azha holiday the petitioner received money from the company for disbursement to its employees and staffs. But after payment of salaries he kept with him Tk. 5,838.60. The Respondent‑Company was closed for 5 days fr......he Labour Court is without lawful authority and is of no legal effect. In the result, the Rule is discharged. No order as to cost. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 367. ..

Category: Labour and Industrial Law | Date: | Hits: 115

Aslam Hossain Chaklader Vs. Ali Nur and others, 1991, 20 CLC (HCD)

....nt‑appellant is the admitted purchaser of the Hat in auction for collecting tolls for the year 1398 BS, he will certainly sustain injury and loss if he is restrained from collecting the tolls after payment of as much as Tk. 9,05,000.00 as the sale money. It is thus clear that the balance of conven......te Judge is hereby set aside and the petition for temporary injunction is rejected. The connected Rule is disposed of accordingly. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 366. ..

Category: Civil Law | Date: | Hits: 74

Anwar Hossain and others Vs. Abul Hossain Molla and others, 1991, 20 CLC (HCD)

....st in the suit land has made a statement in his pleadings which is detrimental to his own interest. Further it appears that the Ext. 2 was registered in the year 1947. But no dakhila produced showing payment of rent from that time onwards. Further it appears that no mutation proceedings was initiate...... Appeal No.323 of 1969 is hereby set aside and those of the trial Court are restored. In view of this fact I make no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 79. ..

Category: Property Law | Date: | Hits: 91

Bangladesh Vs. Md. Aslam and others, 1989, 18 CLC (HCD)

....ted 15.9.1955 leasing out the property for two years Reshidpur Tea Estate for the year 1361 BS. Ext. 1(b) is certified copy of yet another rent receipt dated 7.10.1957 for the year 1362 BS showing payment of rent on 7.10.1957. 24. These are the papers considered by the learned Judge in support...... Title Suit No.3 of 1976, is hereby set aside and the judgment and decree of the learned Subordinate Judge are affirmed and maintained. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 69...

Category: Property Law | Date: | Hits: 96