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

....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:   ...... the instant cases, the appeals were received back by the AACT on remand with the Tribunal order on 13.03.2003. The appeals were disposed of by the AJCT by order dated 31.07.2003 and at that time the period for disposal of an appeal was within ninety days. Thus, it is evident that all the appeals we..

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. ......nowledge of plaint should decide whether to bury the suit at earliest opportunity, not denying the plaint case and making out a case of real or actual fact. Early means, at or near the beginning of a period……… (17) Cases Referred to- Khandkar Abul Hussain Vs. Governmen..

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

Robi Axiata Ltd Vs. First Labour Court Dhaka and others, 2013, 42 CLC (HCD)

....ich cannot be resorted to in relation to proceedings before the Labour Court. The determinants of the extent of the Labour Court's authority and procedure, it is argued by Mr. Azim, are expressly stipulated in section 216 of the Act which presently reads thus: “২১৬। অপরà......t spelt out the initial engagement of each applicant on a tempo­rary basis on various occasions evidenced in vari­ous service contracts stipulating the terms and ter­mination dates of the period of employment. S 1  No. Writ Petition No ..

Category: Labour and Industrial Law | Date: 28 Jul, 2013 | Hits: 7

Md. Monirul Islam Vs. Bijoy Halder, President Lohalamari Matshajibi Samabaya Samity Ltd. and others, 2013, 42 CLC (AD)

....d over possession of the fishery in question and also to refund to the petitioner the proportionate lease money for the unexpired period of the lease. Ed. This Case is also Reported in: ......ed for getting lease. 4. Rule Nisi was issued by the High Court Division upon the respondents to show cause as to why the granting of lease of the fishery concerned to writ respondent No.6 for a period of 6 (six) years with effect from 1417-1422 B.S. should not be declared to have been made wit..

Category: Civil Law | Date: 28 Jul, 2013 | Hits: 169

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

....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   ......ich has resulted an error in the decision occasioning failure of justice. More so, by the impugned judgment the appellate court encour­aged the litigant to drag on the suit for an indefi­nite period which is not the solemn duty of the court; again the impugned order of remand vir­tually ..

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)

....o the writ petitioners. In the result, these rules are made absolute.   However, there shall be no order as to cost. Mohammad Ullah J. - I agree. This Case is also Reported in: ......orts of the scrap vessels were made by observing the legal formalities under the Customs Act 1969, upon establishing letter of credit and upon paying all the relevant taxes and duties at the relevant period. It has been categorically stated that the Customs Authority earlier did not demand 5% Advanc..

Category: Fiscal/Taxation Law | Date: 25 Jul, 2013 | Hits: 121

Younusuzzaman (Badal) Vs. State and another, 2013, 42 CLC (HCD)

.... time of issuance of the Rule is hereby vacated. Communicate a copy of this judgment to the court concern immediately. Borhanuddin J.-I agree. Ed. This Case is also Reported in: ...... 30.08.2008 by registered post with A/D and the same was received by the accused petitioner on 02.09.2008. Unfortunately, the accused did not take any step to pay the said amount within the statutory period of 30 days from the receipt of this legal notice. After expiry of the statutory period of 30 ..

Category: Criminal Law | Date: 25 Jul, 2013 | Hits: 140

Sarwar Hossain Moni (Md.) Vs. State and another, 2013, 42 CLC (AD)

....ewed, there had been no detailed discussions as to the point raised before the High Court Division that the respective petition of complaint having been filed before expiry of the statutory period as stipulated in clause(c) of the proviso to section 138(1) of the Act, was barred by law, this Divisio......to be reviewed, there had been no detailed discussions as to the point raised before the High Court Division that the respective petition of complaint having been filed before expiry of the statutory period as stipulated in clause(c) of the proviso to section 138(1) of the Act, was barred by law, th..

Category: Criminal Law | Date: 24 Jul, 2013 | Hits: 8

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

....ue to the com­plainant and it was received by him on that very date, but the complainant filed the petition of complaint on 23-5-2007, i.e. (one) day before expiry of the period of thirty days as stipulated in clause (c) of the proviso to the section. 11. From a reading of clauses (b) and (......ction 138 as created in case of filing a petition of complaint after expiry of one month of the date on which the cause of action arises under clause (c) of the proviso to section 138. The moment the period of thirty days expires and the payment of the dishonored check is not made within the said pe..

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

Shahnaz Parveen and others Vs. Bangladesh, represented by the Secretary, Ministry of Heath and Family Welfare Dhaka and others, 2013, 42 CLC (HCD)

....e benefits to the petitioners counting their service period in the development project. There will be no order as to costs. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 157 ......(Annexure D) issued by the respondent No. 4 denying time scale and selection grade to persons in the revenue post who were transferred from the development project without counting their serv­ice period in the development project should not be declared to be without lawful authority, ultra-vires..

Category: Administrative Law, Employment/Service Law | Date: 8 Jul, 2013 | Hits: 3

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. ......sion of section 17A and 17B of the Registration Act where all pending unregistered agreement at the time of enforcing the law on 1st July, 2005 were required to be registered within the prescribed period of six months. In the instant case without compliance of such provision plaintiff-petit..

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

Wadud Mollah (Md.) Vs. Md. Nayem and Another, 2013, 42 CLC (AD)

....h the above observations. Let a copy of this judgment be communi­cated to the learned Judges of the High Court Division. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 93. ...... Court Division should not give any sort of direction upon the Courts below at the time of disposal of an application for anticipato­ry bail. It may either admit the accused on bail for a limited period if a case is made out or reject the prayer. If any such direction is given, the courts below ..

Category: Criminal Law | Date: 17 Jun, 2013 | Hits: 3

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: ......ssessment year for which the assessment is to be made: Provided that in a case where a fresh assessment is made for any assessment year in pursuance of an order [section 120, 121A, 156 or 159] the period of [five years] referred to in this clause shall commence from the end of the year in which t..

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

Golam Rasul Belal Vs. Habibullah Shakir and another, 2013, 42 CLC (AD)

....ent to conceive...... (16) The purpose of the object of issuing notice indi­cating the factum of dishonor of the cheque is to give an opportunity to the drawer to make the payment within the stipulated period, so that it will not be necessary for the payee to proceed against the draw­er......eive...... (16) The purpose of the object of issuing notice indi­cating the factum of dishonor of the cheque is to give an opportunity to the drawer to make the payment within the stipulated period, so that it will not be necessary for the payee to proceed against the draw­er, in any cr..

Category: Criminal Law | Date: 11 Jun, 2013 | Hits: 10

Sahab Uddin (Md.) Vs. State and another, 2013, 42 CLC (HCD)

....ce during the trial. In view of the above, we find no merits in the leave petition. Accordingly, the same is dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 86. ......due under the afore­said three dishonoured cheques. The said notice was received by the accused on 3-12-2008, but he did not pay the amount due under those cheques. Thereafter, upon expiry of the period of thirty days from 3-12-2008, the com­plainant filed the petition of complaint on 4-1-20..

Category: Civil Law | Date: 11 Jun, 2013 | Hits: 14

ABSCO Limited Vs. Artha Rin Adalat No.2, Dhaka & another, 2013, 42 CLC (HCD)

....charged without any orders as to costs.' Communicate the judgment to the court con­cerned at once.  Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 9.   ......tioners the respondent No. 1 court has withdrawn the suit from ex-parte list and allowed them to file written statements but the petitioners failed to file written statements even within the extended period as prescribed by law. Accordingly, repeated failures of the petitioners in filing written sta..

Category: Corporate Law, Others | Date: 15 May, 2013 | Hits: 8

JIT Knit Composite Ltd Vs. Government of Bangladesh and others, 2013, 42 CLC (HCD)

....in stayed. With this observation and direction the Rule is made absolute. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 480.   ......nd pass necessary orders upon the respondent Nos.3-7 under section 45 of the Bank Companies Act, 1991 for consideration of the petitioner's application dated 22-7-2012 for extension of Moratorium period for one year from the date of Gas connection along with waiver of all interest as per guideli..

Category: Banking Law, Company Law | Date: 25 Apr, 2013 | Hits: 11

ABM Mohiuddin Chowdhury Vs. Anti-Corruption Commission and others, 2013, 42 CLC (HCD)

....te of receipt of the copy of thus order. The Court concern is to decide the prayer for bail, if so made, in accordance with law. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 537 ...... is discharged as being not maintainable. 6. There will be no order as to cost. However, the respective petitioner is hereby directed to starrender before the concerned court below within a period of 30(thirty) days from the date of receipt of the copy of thus order. The Court concern is t..

Category: Anti-Corruption Laws, Constitutional Law | Date: 4 Apr, 2013 | Hits: 4

Dr. AH Ali Haider Qureshi Vs. Dr. Ali Asker Qureshi, 2013, 42 CLC (HCD)

.... of issuance of the order of leave stands vacated. 19. However, there will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 197     ......t with the Defendant-opposite-party which a voluntary organization namely Mukti Lawrence Foundation represented by it's Chairman to let out the schedule premises to the defendant foundation for a period of 5(five) years from 1-7-1993 to 30-6-1998 at a monthly rental of Taka 50,000 (fifty thousan..

Category: Property Law | Date: 6 Mar, 2013 | Hits: 3

Amir Hossain Sowdagar Vs. Md. Harunur Rashid and others, 2013, 42 CLC (AD)

....eement for sale of the suit property oh 2nd May, 2002 at a consideration of Taka 65,00,000 (sixty five lakh) with the appellant (defendant) and paid an advance of Taka 15,00,000 (fifteen lakh) It was stipulated in the agreement that the defendant would execute and register a sale deed within 6 (six)......uit denying the material averments made in the plaint and claimed that there was positive stipulation in the agreement that the plaintiff was required to pay the balance consideration amount within a period of 6(six) months for releasing the property from HBFC; that the plaintiff had failed to perfo..

Category: Contract Law | Date: 20 Feb, 2013 | Hits: 42