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....d, Kakrail, Dhaka………Respondent
Judgment
July 31, 2013
Result:
The question formulated to determination answered in the affirmative in favour of the department and against the assessee-applicant.
Lawyers Involved:
No one appears—For the applica......artment.
9. We have perused the reference applications and the annexures thereto.
10. It appears that the question framed in these reference applications is an incomplete question and not a proper question of law and vague. Therefore, we are reframing the question in the following manner:
..
Category: Fiscal/Taxation Law | Date: 31 Jul, 2013 | Hits: 3
Nur Jahan Akhtar Vs. Commissioner of Taxes, 2013, 42 CLC (HCD)
....pplicant (In all the cases) Md. Abu Amjad, DAG with Mahfuja Begum, AAG.—For the respondents (In all the cases) Income Tax Reference Applications No.39 of 2004, 40 of 2004, 41 of 2004 and 42 of 2004. Judgment Zinat Ara J.- These four income tax reference applications under ......artment. 9. We have perused the reference applications and the annexures thereto. 10. It appears that the question framed in these reference applications is an incomplete question and not a proper question of law and vague. Therefore, we are reframing the question in the following manner: ..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)
.... Jurisdiction) Present: Sharif Uddin Chaklader J ARM Shahidul Huq J Syed Raihan Hasan Ali Chowdhury.................Plaintiff-Appellant Vs. Syed Hamde Ali Chowdhury and others...........Defendant-Respondents Judgment July 29, 2013. Result: ......8; Order VII, rule 11, Provisions of waqf ordinance — Section 50 of the Waqf Ordinance has been inserted in the enrolment chapter. Specific Provisions have made regarding the person, property, time and manner in which the enrolment is to be made and in this context section 50 a..Category: Trust/Waqf Law | Date: 29 Jul, 2013 | Hits: 5
Robi Axiata Ltd Vs. First Labour Court Dhaka and others, 2013, 42 CLC (HCD)
....nal Jurisdiction) Present: Syed Refaat Ahmed J Mahmudul Hoque J Robi Axiata Ltd………………...Petitioner Vs. First Labour Court Dhaka and others...................Respondents Judgment July 28, 2013. ......ner, Robi Axiata Limited. 4. Robi Axiata for its part has insisted that the temporary employment of each such plaintiff having already determined under separate contracts of employment, the proper avenue of redress lay alternatively under section 33 in preference to section 213 of the..Category: Labour and Industrial Law | Date: 28 Jul, 2013 | Hits: 7
Zahir Fakir (Md.) and oth¬ers Vs. Hahma Khatun and others, 2013, 42 CLC (HCD)
....(HCD) (2015) 240 ......oided and shifted his responsibility upon the Trial Court which the appellate Court was very much competent to perform. In avoiding such responsibility on the part of the appellate Court was not proper. All the materials for deciding the suit finally were before the Appellate Court. The impugne..Category: Property Law | Date: 25 Jul, 2013 | Hits: 6
Md. Lokman Hakim and Others Vs. National Board of Revenue and others, 2013, 42 CLC (HCD)
..... National Board of Revenue, Rajashasha Bhaban, 1,Segunbagicha, Police Station- Ramna, District-Dhaka, represented by its Chairman. 2. The Commissioner of Customs, Customs House, Chittagong, P.S. Bander, Chittagong. 3. The Commissioner of Tax, Taxes Zone-1, Chittagong. 4. The Assistant Comm......62 and Tk. 1,43,43,175.97 should not be declared to have been made without lawful authority and of no legal effect, and/or pass such other or further order or orders as to this Court may seem fit and proper.” 4. Upon perusing the judgment passed in Writ Petition No. 9729 of 2012 it appears tha..Category: Fiscal/Taxation Law | Date: 25 Jul, 2013 | Hits: 121
Chow Wen Chang and others Vs. SF Winsome Fashion Ltd. and others, 2013, 42 CLC (HCD)
....s also Reported in: 65 DLR (HCD) (2013) 584. ......3. The respondent No. 6 is a private limited company represented by its Managing Director M A Sadeq, i.e. the respondent No.3. The respondent No. 7 is an alleged subsequent purchaser of the properties belonging to respondent No.1 company; that the petitioners filed this application for rec..Category: Company Law | Date: 24 Jul, 2013 | Hits: 10
.... Jurisdiction)
Present:
Md. Ashfaqul Islam J
Md. Ashraful Kamal J
Bangladesh Development Bank Limited...................Petitioner
Vs.
Judge, Artha Rin Adalat, Jessore and others..............Respondents
Judgment
July 24, 2013.
Result:
The Rule is ......shy;ered by the petitioner-bank. The petitioner Bank published auction notice in the 'Daily Janakantha' on 9-2-2011 and the 'Daily Lokshomaj' on 10-2-2011 for selling of the mortgaged property in auction. A number of bids were submitted and highest bid was submitted by one ..
Category: Banking Law | Date: 24 Jul, 2013 | Hits: 10
....in: 67 DLR (HCD) (2015) 157
......rity and related service benefits to the petitioners and count their service period in the development project and/or pass such other or further order or outers as to this Court may seem fit and proper.
2. At the time of hearing at the outset the learned Advocate for the petitioners submit..
Category: Administrative Law, Employment/Service Law | Date: 8 Jul, 2013 | Hits: 3
Wadud Mollah (Md.) Vs. Md. Nayem and Another, 2013, 42 CLC (AD)
....nbsp; AHM Shamsuddin Chowdhury J Wadud Mollah (Md.)........................Petitioner Vs. Md. Nayem and Another………………....Respondents Judgment ......urt Neither the accused has any right to claim bail nor the Court has uncontrolled power to enlarge him on bail when it is non-bailable offences. Court can exercise its discretionary power upon proper application of judicial mind and this exercise should not be arbitrary lest the ends of justi..Category: Criminal Law | Date: 17 Jun, 2013 | Hits: 3
Monowara Begum Vs. Government of Bangladesh others, 2013, 42 CLC (HCD)
....nt SM Emdadul Hoque J. — On an application of the petitioner Monowara Begum under section 115 (1) of the Code of Civil Procedure, the Rule was issued calling upon the opposite party Nos. 1 and 2 to show cause as to why the impunged judgment and decree dated 24-5-1997, passed by the learne......5 of 1993 in the Court of Senior Assistant Judge, Nalchity, Jhalakati for declaration that the decree passed in Title Suit No. 351 of 1975 is illegal, void and for further declaration that the vested property proceeding in respect of the suit land is legal and lawful. 3. The further c..Category: Civil Law, Property Law | Date: 16 Jun, 2013 | Hits: 2
Moulana Development Co. Limited Vs. National Board of Revenue and others, 2013, 42 CLC (HCD)
....s to show cause as to why the impugned letters being নথি নং ৩০৫-২০০-৪৯৩৯/২০১২-১৩/২০০৮ তারিখ ০৪.৭.২০১২ইং (Annexure-C) and letter being নথি নং- টাস্কফোর্স/ উৎস কর কর্তন/......-2, Chittagong respondent No. 3 should not be declared illegal without lawful authority and is of no legal effect and/or such other or further order or orders passed as to this court may seem fit and proper”. 2. It has been asserted in the writ petition that the assessee-writ-petitioner is a pr..Category: Fiscal/Taxation Law | Date: 12 Jun, 2013 | Hits: 86
Nazrul Islam (Md.) & others Vs. Mahfuzur Rahman and others, 2013, 42 CLC (HCD)
....diction) Present: ANM Bashir Ullah J Nazrul Islam (Md.) & others……………………Defendant-Petitioners Vs. Mahfuzur Rahman and others.................Plaintiff-Opposite Parties Judgment May 21, 2013. Result: ......sistant Judge, Shariakandi, Bogra in Eviction Suit No.57 of 1997 dismissing the suit, should not be set-aside and or pass such other or further order or orders as to this Court may seem fit and proper. 2. The facts leading to the issuance of the Rule in short, is that the present opposite..Category: Property Law | Date: 21 May, 2013 | Hits: 6
Moon Construction Company Limited Vs. Government of Bangladesh & others, 2013, 42 CLC (HCD)
....bsp;of the Constitution of Bangladesh, 1972 Due Process And Reasonable And Non-Arbitrary Laws And Procedure- A person may be destructively treated not only by action, but also by inaction and inaction may contravene the Article, when it is arbitrary and unreasonable. In the instant ......SP/NC/ctg.Khulna/Tender-596/2005/53 dated 26-6-2006 respectively issued by respondent No. 2 (Annexure-H and H (1) and/or such other or further order or orders passed as to this Court may seem fit and proper.” 2. The averments figured in the petition, in generating factual instruments are ..Category: Constitutional Law | Date: 16 May, 2013 | Hits: 4
ABSCO Limited Vs. Artha Rin Adalat No.2, Dhaka & another, 2013, 42 CLC (HCD)
....dalat No.2, Dhaka & another..................Respondents Judgment May 15, 2013. Result: Both the rules are discharged. Artha Rin Adalat Ain (VIII of 2003); Sections 10(1) and 19(2) Section 10 of the Ain, 2003 does not provide any provisions for filing applications a......n Adalat Ain, 2003 should not be declared to have been passed without lawful authority and are of no legal effect and/or such other or further order or orders passed as to this Court may seem fit and proper. 3. In Writ Petition No. 9436 of 2012 the Rule Nisi was issued calling upon the responde..Category: Corporate Law, Others | Date: 15 May, 2013 | Hits: 8
....in J
Siddiqur Rahman Miah J
AHM Shamsuddin Choudhury J
Taposh Malaker..............Petitioner
Vs.
Government of Bangladesh, Represented by the Secretary, Ministry of LGRD) and others……………………………&h......section is only in respect of agricultural loan and that loan for the purpose of manufacturing handicrafts does not come within the exemption. This finding of the High Court Division is based on proper appreciation of section 19(2) (Jha) of the Local Government (Pourashava) Act, 2009.
9. M..
Category: Election Law | Date: 7 May, 2013 | Hits: 6
Moklesuddin Ahmed and another Vs. Rezia Khatun and others, 2013, 42 CLC (HCD)
....bsp; ......nt-petitioners as plaintiffs instituted a suit being Title Suit No.21 of 1999 in the Court of the Subordinate Judge, now Joint District Judge, 1s Court, Manikganj for declaration of title in the suit property and for further declaration that the RS record of the suit property in the name of the defe..Category: Constitutional Law | Date: 5 May, 2013 | Hits: 4
Hasan Chowdhury (Md.) Vs. Bangladesh Bank and others, 2013, 42 CLC (HCD)
....Original Jurisdiction) Present: Md. Ashfaqul Islam J Md. AshrafUl Kamal J Hasan Chowdhury (Md.) ..................Petitioner (In both the petitions) Vs. Bangladesh Bank and others..................Respondents (In both the petitions) Judgment May 22, 2013. ...... and sub-section (1)(Gha) of the section 45 of the Act, Bangladesh Bank enjoys the authority to pass any direction on all or any of the Bank-Companies in the public interest or for ensuring proper management. 14. In this context we think it relevant to quote a line from the decision o..Category: Banking Law | Date: 2 May, 2013 | Hits: 3
Sheikh Shahadat Hossain (Md.) Vs. National Board of Revenue, and others, 2013, 42 CLC (HCD)
....ur Rahman J Hassan Arif J Sheikh Shahadat Hossain (Md.)………………………Appellant Vs. National Board of Revenue and others................Respondents Judgment April 25, 2013. Result: The Custo...... 14 Cal-365, P-372 (PC]. However, in some modern cases, it would appear that judges of the superior courts relied upon the punctuation carefully used in the statutes for reaching conclusion as to the proper interpretation of the same. As for example, where Section 27 of the Drugs and Cosmetics ..Category: Fiscal/Taxation Law | Date: 25 Apr, 2013 | Hits: 2
Abdul Mukid (Md.) Vs.. Artha Rin Adalat Khulna and another, 2013, 42 CLC (HCD)
.... (Special Original Jurisdiction) Present: Nazmun Ara Sultana J Sheikh Hasan Arif J Abdul Mukid (Md.)...........................Petitioner Vs. Artha Rin Adalat Khulna and another................Respondents Judgment April 21, 2013 Result: Th......roceeding at the instance of respondent No. 2. In the process of said execution, the Adalat issued warrant of delivery of possession in favour of respondent No.2 in respect of the mortgaged property of the petitioner's father. The petitioner then filed an application for recalling the ..Category: Corporate Law | Date: 21 Apr, 2013 | Hits: 4
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