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Sheikh Md. Rafiqul Islam (Babul) Vs. Manager, Uttara Bank Limited and others, 2013, 42 CLC (HCD)

....s set-aside. The trial Court is directed to proceed with the suit immediately in accordance with law. Communicate at once. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 131. ......s. Manager, Uttara Bank Limited and others..........Respondents Judgment November 20, 2013 Result: The Rule is made absolute. Artha Rin Adalat can only be constituted by Joint District Judge alone. According to section 4, sub-sec­tion 7 of the the Artha Rin Ad......s set-aside. The trial Court is directed to proceed with the suit immediately in accordance with law. Communicate at once. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 131. ......s set-aside. The trial Court is directed to proceed with the suit immediately in accordance with law. Communicate at once. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 131. ..

Category: Administrative Law, Banking Law | Date: 20 Nov, 2013 | Hits: 6

Ekramul Hossain (Md.) and others Vs. Chairman, First Labour Court, Dhaka and others, 2013, 42 CLC (HCD)

.... ventilate the same....... (16) Case Referred to- Railway Men's Stores Ltd Vs. the Chairman, Labour Court Chittagong, 30 DLR (SC) 251; Karnafully Paper Mills Sramik Karmachari Union Vs. Registrar of Trade Union, 42 DLR 329; Chittagong Port Authority Vs. Kalipada Dey, 39 DLR 39; TK Oil ......y;ever, without any order as to costs. BLA Case No. 1534 of 2011 pending before the First Labour Court, Dhaka is hereby quashed. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 313 ......y;ever, without any order as to costs. BLA Case No. 1534 of 2011 pending before the First Labour Court, Dhaka is hereby quashed. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 313 ......y;ever, without any order as to costs. BLA Case No. 1534 of 2011 pending before the First Labour Court, Dhaka is hereby quashed. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 313 ..

Category: Labour and Industrial Law | Date: 18 Nov, 2013 | Hits: 5

Golam Sarwar Vs. Commissioner of Taxes, 2013, 42 CLC (HCD)

...., no answers to questions (b) and (c) and the appeals are remanded to the Tribunal to decide part of question (a) in the light of observations made in the body of the judgment. No cost. The Registrar, Supreme Court of Bangladesh, is to take necessary steps under section 161(2) of the Incom...... report of the Inspector. 4. Being aggrieved, the assessee preferred appeals আয়কর আপীল পত্র ৩,৪,৫/জরীপ-২/২০০২-২০০৩ before the Appellate Joint Commissioner of Taxes, Appellate Range-3, Chittagong (here­inafter mentioned as the AJCT) ......ke necessary steps under section 161(2) of the Income Tax Ordinance, 1984. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 350; 2 CLR (HCD) (2014) 301; 23 Karadalat (HCD) (2014) 15 ......ke necessary steps under section 161(2) of the Income Tax Ordinance, 1984. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 350; 2 CLR (HCD) (2014) 301; 23 Karadalat (HCD) (2014) 15 ..

Category: Fiscal/Taxation Law | Date: 14 Nov, 2013 | Hits: 4

Ali Amjad Khan (Md.) Vs. Md. Habibullah Dawn & others, 2013, 42 CLC (AD)

....ia­tion of law and fact do not call for interference. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 28. ......nt and order dated 12-12-2011 passed by the High Court Division in Civil Revision No.3873 of 2011 discharging the Rule and affirm­ing the judgment and order dated 11-10-2011 passed by the learned Joint District Judge, Sixth Court, Dhaka allowing Miscellaneous Case No.19 of 2011 arising out of Ti......ia­tion of law and fact do not call for interference. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 28. ......ia­tion of law and fact do not call for interference. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 28. ..

Category: Civil Law | Date: 10 Oct, 2013 | Hits: 33

Moulana Abdul Hakim (Md.) Vs. Government of Bangladesh and others, 2013, 42 CLC (HCD)

....ed of with the directions above. 43. There is no order as to costs. Communicate this judgment and order forth­with. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 83 ......ed of with the directions above. 43. There is no order as to costs. Communicate this judgment and order forth­with. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 83 ......ed of with the directions above. 43. There is no order as to costs. Communicate this judgment and order forth­with. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 83 ......ed of with the directions above. 43. There is no order as to costs. Communicate this judgment and order forth­with. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 83 ..

Category: Administrative Law, Constitutional Law | Date: 3 Oct, 2013 | Hits: 2

Ahmed Lal Mia Vs. State and another, 2013, 42 CLC (AD)

....ove, no interference is called for with the impugned judgment and order. The leave petition is dismissed.  Ed. This Case is also Reported in: 66 DLR (AD) (2014) 204.   ......d on 12-1-2012 for discharging him from the case and alter­natively to stay the further proceedings of the ses­sions case till disposal of Money Suit No.13 of 2011 pending in the Court of the Joint District Judge, Third Court, Chittagong filed by him. The learned Metropolitan Sessions Judge ......ove, no interference is called for with the impugned judgment and order. The leave petition is dismissed.  Ed. This Case is also Reported in: 66 DLR (AD) (2014) 204.   ......ove, no interference is called for with the impugned judgment and order. The leave petition is dismissed.  Ed. This Case is also Reported in: 66 DLR (AD) (2014) 204.   ..

Category: Criminal Law | Date: 3 Oct, 2013 | Hits: 5

Commissioner of Customs, Excise and VAT Commissioner of Customs, Excise and VAT Vs. Appollo Steel Mills Ltd and others, 2013, 42 CLC (AD)

....no reason and logic, he could just sit over the matter. With the above observations, this petition is dismissed. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 143   ......no reason and logic, he could just sit over the matter. With the above observations, this petition is dismissed. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 143   ......no reason and logic, he could just sit over the matter. With the above observations, this petition is dismissed. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 143   ......1 under sec­tion 19(3) of the VAT Act, 1991. The Rule was issued accordingly. 4. The case of the writ-petitioner was that it is a private company limited by shares and incorporated under the Companies Act, in Bangladesh and was engaged in the manufac­ture of CI sheets. The writ-petition..

Category: Fiscal/Taxation Law | Date: 24 Sep, 2013 | Hits: 9

Government of Bangladesh Vs. Md. Abdul Maleque Miah and 7 anothers, 2013, 42 CLC (AD)

....allowed and the impugned judgment and order is set aside with the obser­vations made in the body of the judgment. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 167   ......tion dated 9-9-1995 to the post of Deputy Secretary, with­out giving seniority with retrospective effect and awarded promotion to a junior officer vide notification dated 23-7-1998 to the post of Joint Secretary. The petitioner also challenged the aforesaid two promotion orders dated 9-10-1995 a......allowed and the impugned judgment and order is set aside with the obser­vations made in the body of the judgment. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 167   ......allowed and the impugned judgment and order is set aside with the obser­vations made in the body of the judgment. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 167   ..

Category: Administrative Law, Constitutional Law | Date: 17 Sep, 2013 | Hits: 3

Maulana Syed Rezaul Haque Chadpuri and others Vs. Bangladesh Jamaat-e-Islami and others [2nd Part], 2013, 42 DLR (HCD)

....hereby declared to have been given without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 14.        ......tee for scrutinizing the constitution of the political parties was reconstituted on 14.12.2011 vide EC's letter No.নিকস/প্র-৩/রাদ/৫(৪৪/২০০৮/৮১৪, the Joint Secretary (Law) of the Commission being the convener of the Committee (annexure-23). 339.......hereby declared to have been given without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 14.        ......hereby declared to have been given without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 14.        ..

Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 10

Maulana Syed Rezaul Haque Chadpuri and others Vs. Bangladesh Jamaat-e-Islami and others [1st Part], 2013, 42 DLR (HCD)

....নোয়ার কবির; ইসলামিক ফাউন্ডেশন কর্তৃক প্রকাশিত, পৃষ্ঠাঃ ৬৮) (..to be continued at CLC ID ( 9365 ) ......নোয়ার কবির; ইসলামিক ফাউন্ডেশন কর্তৃক প্রকাশিত, পৃষ্ঠাঃ ৬৮) (..to be continued at CLC ID ( 9365 ) ......নোয়ার কবির; ইসলামিক ফাউন্ডেশন কর্তৃক প্রকাশিত, পৃষ্ঠাঃ ৬৮) (..to be continued at CLC ID ( 9365 ) ......s-exercise of the power of judicial review. 60. In Sree Ramdas Motor Transport Ltd. Vs. Tadi Adhinarayana, (1997) 5 SCC 446, a petition under Sections 397 and 398 of the Companies Act alleging oppression of minority shareholders and mismanagement of the company affairs ..

Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 11

Nur Jahan Akhtar, Director of Medona Garments Limited Vs. The Commissioner of Taxes, 2013, 42 CLC (HCD)

....o the sole question reformulated in all these reference applications is in the affirmative, in favour of the department and against the assessee-applicant. 18. No order as to costs. 19. The Registrar, Supreme Court of Bangladesh is directed to take steps under section 161(2) of the Income ...... first appellate authority for deciding the appeals on merit. The appeals were then renumbered as 357, 358, 359, 360/Co.8/Zone-3/2002-2003 before the then first appellate authority i.e. the Appellate Joint Commissioner of Taxes, Appellate Range-5, Taxes Appellate Zone-3, Dhaka (hereinafter mentioned......t of Bangladesh is directed to take steps under section 161(2) of the Income Tax Ordinance, 1984. S. H. Md. Nurul Huda Jaigirdar J.-  I agree. Ed. This Case is also Reported in: ......tated as the assessee) is an individual and she derives income from remuneration every year. She has been submitting income tax returns since long having Tax Identification Number 071-100-2758 of the Companies Circle-8, Dhaka. The assessee submitted her income tax returns for the assessment years 19..

Category: Fiscal/Taxation Law | Date: 31 Jul, 2013 | Hits: 3

Nur Jahan Akhtar Vs. Commissioner of Taxes, 2013, 42 CLC (HCD)

....o the sole question reformulated in all these reference applications is in the affirmative, in favour of the department and against the assessee-applicant. 18. No order as to costs. 19. The Registrar, Supreme Court of Bangladesh is directed to take steps under section 161(2) of the Income ...... first appellate authority for deciding the appeals on merit. The appeals were then renumbered as 357, 358, 359, 360/Co.8/Zone-3/2002-2003 before the then first appellate authority i.e. the Appellate Joint Commissioner of Taxes, Appellate Range-5, Taxes Appellate Zone-3, Dhaka (hereinafter mentioned......ngladesh is directed to take steps under section 161(2) of the Income Tax Ordinance, 1984. S. H. Md. Nurul Huda Jaigirdar J. - I agree. Ed. This Case is also Reported in:   ......tated as the assessee) is an individual and she derives income from remuneration every year. She has been submitting income tax returns since long having Tax Identification Number 071-100-2758 of the Companies Circle-8, Dhaka. The assessee submitted her income tax returns for the assessment years 19..

Category: Fiscal/Taxation Law | Date: 31 Jul, 2013 | Hits: 2

Syed Raihan Hasan Ali Chowdhury Vs. Syed Hamde Ali Chow¬dhury and others, 2013, 42 CLC (HCD)

....Civil Rule No.905(f) of 2011 is disposed of. Send down the lower Court records at once. Communicate this order at once. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 5. ......with Civil Rule No. 905(f) of 2011. Judgment Sharif Uddin Chaklader J.- This appeal at the instance of plaintiff, directed against judgment and decree dated 21-8-201 1 passed by the learned Joint District Judge, I" Court, Bogra rejected the plaint of Other Class Suit No. 143 of 2010 u......Civil Rule No.905(f) of 2011 is disposed of. Send down the lower Court records at once. Communicate this order at once. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 5. ......Civil Rule No.905(f) of 2011 is disposed of. Send down the lower Court records at once. Communicate this order at once. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 5. ..

Category: Trust/Waqf Law | Date: 29 Jul, 2013 | Hits: 5

Zahir Fakir (Md.) and oth¬ers Vs. Hahma Khatun and others, 2013, 42 CLC (HCD)

..... 2 and 3. The plain­tiffs also transferred 0.43 acres of land to defen­dant No.1 by sale deed No.8330/76. At the time of registering deed No. 8330 although plaintiff No. 3 was major, the Sub-Registrar thought her to be minor and, as such, her mother plaintiff No.1 executed the deed on her b...... again the impugned order of remand vir­tually prolonged the early disposal of the suit for an indefinite period. Thus by overall observation the impugned Judgment and order as passed by the Joint District Judge, 2 Court, Gazipur cannot be sustainable under any provi­sion of law…......urts records along with a copy of this judgment to the concern Court forthwith for information and necessary action. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 240   ......urts records along with a copy of this judgment to the concern Court forthwith for information and necessary action. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 240   ..

Category: Property Law | Date: 25 Jul, 2013 | Hits: 6

Chow Wen Chang and others Vs. SF Winsome Fashion Ltd. and others, 2013, 42 CLC (HCD)

....e respondent No.1 company; that the respondent No.1 is a pri­vate limited company incorporated under the Companies Act, 1994 (hereinafter referred to as the said Act). The respondent No. 2 is the Registrar of Joint Stock Companies and Firms. The respondent No.3 is a shareholder-Managing Director......No.1 company; that the respondent No.1 is a pri­vate limited company incorporated under the Companies Act, 1994 (hereinafter referred to as the said Act). The respondent No. 2 is the Registrar of Joint Stock Companies and Firms. The respondent No.3 is a shareholder-Managing Director of the respo......ompany; that the respondent No.1 is a pri­vate limited company incorporated under the Companies Act, 1994 (hereinafter referred to as the said Act). The respondent No. 2 is the Registrar of Joint Stock Companies and Firms. The respondent No.3 is a shareholder-Managing Director of the respondent ...... SM Atikur Rahaman, Advocate—For the Respondent No. 7. Company Matter No. 3735 of 2010. Judgment Md. Rezaul Hasan J. — This is an application filed under section 43 of the Companies Act, 1994 (the Act). 2.  Let the supplementary affidavit do from part of the sub..

Category: Company Law | Date: 24 Jul, 2013 | Hits: 10

Zahidul Islam (Md.) Vs. Md. Kamal Hossain and another, 2013, 42 CLC (AD)

....irected to proceed with the trial of the Sessions case in accordance with law and dispose of the same expeditiously. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 180.   ......nesses. On 9-9-2007, on the prayer of the prosecution, the hearing of the case was adjourned to 8-10-2007 and by the same order, the case was transferred to the Court of Assistant Sessions Judge (now Joint Sessions Judge), Additional Court for disposal. The respondent filed an application before the......irected to proceed with the trial of the Sessions case in accordance with law and dispose of the same expeditiously. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 180.   ......irected to proceed with the trial of the Sessions case in accordance with law and dispose of the same expeditiously. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 180.   ..

Category: Others, Procedural Law | Date: 23 Jul, 2013 | Hits: 9

Ayurvedia Pharmacy (Dhaka) Ltd. Vs. Meher Banu Bibi and others, 2013, 42 CLC (AD)

....in which deserves our interference. In that view of the matter the petition for leave to appeal is hereby dismissed Ed. This Case is also Reported in: 21 BLT (AD) (2013) 229. ......nder section 115(1) of the Code of Civil Procedure, 1908 where the rule is found to have been discharged with a positive observation that plaintiff of Title Suit No. 145 of 2006 pending before the Joint District Judge, 5"h Court, Dhaka has failed to comply the provision laid down in section 21A(......in which deserves our interference. In that view of the matter the petition for leave to appeal is hereby dismissed Ed. This Case is also Reported in: 21 BLT (AD) (2013) 229. ......in which deserves our interference. In that view of the matter the petition for leave to appeal is hereby dismissed Ed. This Case is also Reported in: 21 BLT (AD) (2013) 229. ..

Category: Civil Law | Date: 7 Jul, 2013 | Hits: 13

Afazuddin Fakir (Md.) Vs. MH Rahman and others, 2013, 42 CLC (HCD)

....d with the Miscellaneous Case in accordance with law. Send down the lower Court records with copy of this judgment at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 581 .......—This Rule was issued calling upon the opposite party Nos.1 and 2 to show cause as to why the impugned order dated 24-11 -2010 passed in Miscellaneous Case No. 129 of 2008 (pre-emption) by the Joint District Judge, Court No.1, Rajshahi allowing the application filed by the opposite party Nos.......d with the Miscellaneous Case in accordance with law. Send down the lower Court records with copy of this judgment at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 581 ......d with the Miscellaneous Case in accordance with law. Send down the lower Court records with copy of this judgment at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 581 ..

Category: Property Law | Date: 17 Jun, 2013 | Hits: 4

Moulana Development Co. Limited Vs. National Board of Revenue and others, 2013, 42 CLC (HCD)

....t relates to the previous assessment years other than the current assessment years. However, there shall be no order as to costs. Mohammad Ullah J. - I agree. This Case is also Reported in: ......ing under sub-section (1) shall be initiated unless definite information has come into the possession of the Deputy Commissioner of Taxes [and he has obtained] the previous approval of the Inspecting Joint Commissioner in writing to do so, except in a case where a return has not been filed under sec......t relates to the previous assessment years other than the current assessment years. However, there shall be no order as to costs. Mohammad Ullah J. - I agree. This Case is also Reported in: ......Segunbagicha, Dhaka, represented by its Chairman. 2. Commissioner of Taxes, Taxes Zone-02, Chittagong, C.G.O. Building No. 01, Agrabad, District-Chittagong. 3. Commissioner of Taxes, Circle-23 (Companies), Taxes Zone-02, CGO Building No. 01, Agrabad, District-Chittagong…...............Respon..

Category: Fiscal/Taxation Law | Date: 12 Jun, 2013 | Hits: 86

Grameen Telecom Vs. Commissioner of Taxes, 2013, 42 CLC (HCD)

....o be admitted and heard on merit by the Commissioner of Taxes (Appeal), immediately. However, there shall be no order as to costs. Mohammad Ullah J. -I agree. This Case is also Reported in: ......o be admitted and heard on merit by the Commissioner of Taxes (Appeal), immediately. However, there shall be no order as to costs. Mohammad Ullah J. -I agree. This Case is also Reported in: ......o be admitted and heard on merit by the Commissioner of Taxes (Appeal), immediately. However, there shall be no order as to costs. Mohammad Ullah J. -I agree. This Case is also Reported in: ......efore the Commissioner of Taxes (Appeal). 2. It has been stated in the instant Income Tax Reference Application that the Assessee-applicant is a company and a regular income tax assessee under the Companies Circle-07, Taxes Zone-03, Dhaka, and holding TIN. No. 070-200-5842/Coy-07, Dhaka. The Asse..

Category: Fiscal/Taxation Law | Date: 5 Jun, 2013 | Hits: 86