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Government of Bangladesh and others Vs. Md. Badal and another, 2012, 41 CLC (AD)
....d Writ Petition Nos.6411 and 6410 of 2001 before the High Court Division for a direction upon the writ-respondent-appellants (hereinafter referred to as the respondents) for assessing the duty and taxes as required by law and upon receipt of such duty and taxes to release/return 42 pieces of gol......e above, we find merits in the appeals. Accordingly, the appeals are allowed. There will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 246. ......peals. Accordingly, the appeals are allowed. There will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 246. ...... Attorney-General representing the Government of Bangladesh and others submits that the High Court Division committed an error in not holding that the respondent did not disclose his profession and source of income that he did not make any declaration at the Airport in respect of the gold bar car..Category: Criminal Law | Date: 17 Apr, 2012 | Hits: 20
Rakibul Islam Vs. State, 2012, 41 CLC (HCD)
....used is on bail obtained from this Division, he is to be discharged from his bail bond. Send down the Lower Court Records. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 438. ......used is on bail obtained from this Division, he is to be discharged from his bail bond. Send down the Lower Court Records. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 438. ......harged from his bail bond. Send down the Lower Court Records. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 438. ......as already divorced the appellant as would be evident from the deed registering the divorce and recording payment of dower money and that the appellant who is a poor constable and his job is the only source of his earning. On these counts the learned advocate prayed for acquittal of the convict up..Category: Women and Children | Date: 3 Apr, 2012 | Hits: 64
Rabeya Khanam Vs. State, 2012, 41 CLC (HCD)
.... in relation to the petitioner Let a copy of the Judgment be sent to the concerned Court for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 467. ...... in relation to the petitioner Let a copy of the Judgment be sent to the concerned Court for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 467. ...... Court High Court Division (Criminal Miscellaneous Jurisdiction) Present: ARM Shahidul Huq J Siddiqur Rahman Miah J Rabeya Khanam……………………….Petitioner Vs. State………………………Opposite Parties Judgment March 15, 2012. Result: The Rule......prevent abuse of the process of the Court and thirdly, to secure the ends of justice. What is 'inherent' is an inseparable incident of a thing or an institution in which it inheres. This rule has its source in the maxim "Quado lex aliquid alicut concedit, conceders videturid sine quo ipsa esse non p..Category: Procedural Law | Date: 15 Mar, 2012 | Hits: 215
Human Rights and Peace for Bangladesh (HRPB) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....e unscrupulous employees involved in all sorts of misdeeds and corruptions and bring them to tasks for such offences and accordingly ensure that the Biman becomes a profitable organization and the tax payers’ money are not misused. 15. With these observations and directions, the Rule is ...... Administration, Ministry of Home Affairs and Ministry of Foreign Affairs for taking necessary steps in accordance with the directions given above. Ed. This Case is also Reported in: ......Peace for Bangladesh (HRPB), represented by its secretary Asaduzzaman Siddiqui…………………….... Petitioner. Vs. Bangladesh, represented by the Secretary, Ministry of Civil Aviation, and others…………..... Respondents. Judgment March 8, 2012. Result: ...... Administration, Ministry of Home Affairs and Ministry of Foreign Affairs for taking necessary steps in accordance with the directions given above. Ed. This Case is also Reported in: ..Category: Constitutional Law | Date: 8 Mar, 2012 | Hits: 17
Akkas Ali Sarder Vs. State, 2012, 41 CLC (HCD)
....riminal Revision No.54 of 1996 is set-aside and quashed. The order of stay granted at the time of issuance the Rule is hereby vacated. Ed This Case is also Reported in: 64 DLR (HCD) (2012) 483. ......riminal Revision No.54 of 1996 is set-aside and quashed. The order of stay granted at the time of issuance the Rule is hereby vacated. Ed This Case is also Reported in: 64 DLR (HCD) (2012) 483. ......me Court High Court Division (Criminal Miscellaneous Jurisdiction) Present: Siddiqur Rahman Miah J AKM Shahidul Huq J Akkas Ali Sarder…………...........Petitioner Vs. State……………………..Opposite-Party Judgment March 4, 2012. Result: The Rule is ......prevent abuse of the process of the Court and thirdly, to secure the ends of justice. What is 'inherent' is an inseparable incident of a thing or an institution in which it inheres. This rule has its source in the maxim "Quado lex aliquid alicut concedit, concoders videturid sine quob ipsa esse nan ..Category: Criminal Law | Date: 4 Mar, 2012 | Hits: 117
Sonali Bank Vs. Habib Medical Store and Others, 2012, 41 CLC (HCD)
....dismissed without any order as to cost. Send down the LC record with a copy of the judgment at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 73 ...... the money with the accrued interest thereon. But in the case in hand the defendant failed to do so and the plaintiff appellant filed the suit but the Court below while decreeing the suit arbitrarily deducted the interest as claimed by the Bank. By referring the nature of deposit with the Bank with ......LC record with a copy of the judgment at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 73 ......dismissed without any order as to cost. Send down the LC record with a copy of the judgment at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 73 ..Category: Banking Law | Date: 14 Feb, 2012 | Hits: 0
....th the State. Thus all buyers within the State of delivery from out of State sellers, except those buying for re export out of the State, would be within the scope of the Explanation and liable to be taxed by the State on their inter State transactions. It should be remembered here that the Explanat......gh Court Division is correct.
Accordingly the appeal is dismissed without any order as to costs.
Ed.
This Case is also Reported in: 64 DLR (AD) (2012) 65; 32 BLD (AD) (2012) 127; 9 ADC (2012) 489.
......t any order as to costs.
Ed.
This Case is also Reported in: 64 DLR (AD) (2012) 65; 32 BLD (AD) (2012) 127; 9 ADC (2012) 489.
......oner, Tangail acting as Returning Officer received objections and information about disqualification of the appellant on two counts, namely default in paying bank loan and telephone bills.
The first source was a letter dated 30.11.2008 issued by the Sonali Bank Limited, Bango Bhandhu Avenue, Corpor..
Category: Election Law | Date: 14 Feb, 2012 | Hits: 262
....e spectrum of 2008, they arbitrarily when BTRC sought to apply the MCF through the impugned memo in respect of the same spectrum, which suffers from unreasonable ness.........(32)
Consumer tax
The value added tax is called ‘consumer tax’, as it is the consumer who ultimat......words “উৎসে কর্তন” as used in the VAT Act and rules made thereunder. In Bengali, the word ‘কর্তন’ generally connotes that some small thing is to be deducted or cut off from a bigger thing. There may be an understanding that VAT has to be deducted f......
(Special Original Jurisdiction)
Present:
Farid Ahmed J
Sheikh Hassan Arif J
Grameen Phone Ltd...............................Petitioner
Vs.
Bangladesh Telecommunication Regulatory Commission (BTRC) and others……...............Respondents
Judgmen......pient or facility recipient.............(38)
Section 6(4) (4 ক ক) (4 ক ক ক) (4খ) and 4 (ঙ)
The VAT has to be paid by the recipient of service or facility like Grameen Phone at source after deduction. Dispute cropped up because of the words “উৎসে কর্তন&..
Category: Fiscal/Taxation Law, Information Technology Law | Date: 13 Feb, 2012 | Hits: 15
Mahua Khair Vs. Amena Begum Ali Ispahani, 2012, 41 CLC (AD)
....Income Tax Authority as required by section 184 of the Income Tax Ordinance, 1984. Although under the relevant law it is the duty of the seller to obtain the said certificate and to pay capital gains tax, the parties to the contract have agreed to deviate from the requirement of the law. Since the S......chaser-Second Party and the Vendor-First Party shall make no payment whatsoever on this account. It is specifically mentioned herein that the Gains Tax paid by the Purchaser-Second Party shall not be deducted from the consideration money. 3. That the Purchaser undertakes to pay the stamp duty f......ge (now Joint District Judge), Additional Court, Dhaka. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 172; 17 BLC (AD) (2012) 139; 9 ADC (2012) 924. ...... i.e. the Sub-Ordinate Judge (now Joint District Judge), Additional Court, Dhaka. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 172; 17 BLC (AD) (2012) 139; 9 ADC (2012) 924. ..Category: Contract Law | Date: 10 Jan, 2012 | Hits: 1077
Advocate Manzill Murshid Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....udges of Bangladesh. In the backdrop the present day cost of living, the remuneration and other privileges of our SC Judges are so pitiably meager, that it would go without saying that they cannot tax their salaries for medical attention particularly, if such attention requires treatment abroad....... are set aside. The respondents are directed to revoke the impugned orders forthwith and restore the previous practice without further ado. Ed. This Case is also Reported in: ......his Case is also Reported in: ...... are set aside. The respondents are directed to revoke the impugned orders forthwith and restore the previous practice without further ado. Ed. This Case is also Reported in: ..Category: Constitutional Law | Date: 6 Jan, 2012 | Hits: 12
JMS Glass Industries Limited Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
....directed to admit and dispose of the appeal expeditiously. With this observations and direction, the Rule is disposed of. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 77. ......directed to admit and dispose of the appeal expeditiously. With this observations and direction, the Rule is disposed of. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 77. ......r Vs. Government of Bangladesh and others…………………………………….Respondents Judgment December 12, 2011. Result: The Rule is disposed of with observations and direction. Cases Referred to- Usha Chemical Industries Ltd. Vs. Bangladesh, 63......directed to admit and dispose of the appeal expeditiously. With this observations and direction, the Rule is disposed of. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 77. ..Category: Fiscal/Taxation Law | Date: 12 Dec, 2011 | Hits: 14
Rabindra Nath Roy @ Rabindra and another Vs. State, 2011, 40 CLC (AD)
....amination of the accused-persons under section 342 in the light of the observations made above. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 50; 17 MLR (AD) (2012) 253; 9 ADC (2012) 520.......amination of the accused-persons under section 342 in the light of the observations made above. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 50; 17 MLR (AD) (2012) 253; 9 ADC (2012) 520.......-persons under section 342 in the light of the observations made above. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 50; 17 MLR (AD) (2012) 253; 9 ADC (2012) 520.......ppellants that they threatened his wife. He, however, did not disclose the purpose for such threat. Assuming that they threatened her as she did not respond to their demand. He did not disclose the source from which he learnt that they threatened his wife. It was only P.W.2 who could prove the sai..Category: Women and Children | Date: 24 Nov, 2011 | Hits: 190
Joynal Abedin Hazari Vs. State and another, 2011, 40 CLC (HCD)
....e may be discharged from his bail bond immediately. Send down the lower Court records with a copy of this Judgment at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 58. ......e may be discharged from his bail bond immediately. Send down the lower Court records with a copy of this Judgment at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 58. ......er Court records with a copy of this Judgment at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 58. ......ours. Only in the Act it has been said that the Commission can ask any person to submit wealth statement, if Commission itself is satisfied that any person has been possessing wealth beyond his known source of income. Thus the notice issued by the Secretary of Anti-Corruption Commission is a nullity..Category: Anti-Corruption Laws | Date: 20 Nov, 2011 | Hits: 7
Jamuna Television Ltd. and another Vs. Government of Bangladesh & others, 2011, 40 CLC (AD)
.... The BTRC thereafter vide memo dated 18-12-2008 (Annexure-H1)-accorded its NOC for import of DSNG Machineries. The appellants imported all machineries and other equipments on payment of duties and taxes as assessed and installed the same in the TV station. 7. The appellants further stated t......ion without having obtained requisite licences and NOC in accordance with law from the concerned Ministries and authorities. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 253. ......site licences and NOC in accordance with law from the concerned Ministries and authorities. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 253. ......if there is an overriding public interest involved. In this case, it was stated on behalf of the State that various notifications granting sales tax exemptions to the dealers resulted in severe resource crunch. On reconsideration of the financial position, it was decided to limit the scope o..Category: Information Technology Law | Date: 16 Nov, 2011 | Hits: 18
Hafizul Islam Chowdhury (Md.) Vs. Bangladesh and others, 2011, 40 CLC (HCD)
.... Rule is made absolute. The land in question is not a khas land and the revenue department does not have any interest. The claim of the government has become functus officio. The government took tax from the suit land and thereby the government created estoppel to the claim title from the suit ......; Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 470. ......not a khas land and the revenue department does not have any interest. The claim of the government has become functus officio. The government took tax from the suit land and thereby the government created estoppel to the claim title from the suit property. ............ (5) Cases Referred to- ......; Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 470. ..Category: Property Law | Date: 19 Oct, 2011 | Hits: 4
Raj Kumar Khetan Vs. Mercantile Bank Ltd. and another, 2011, 40 CLC (HCD)
....adesh and businessman by profession. He is a renowned businessman of Bangladesh having the business of export import. He imports rice, wheat, onion, dal and other articles from India. He is an Income tax payee. He paid 4,04,50,250 (four crore four lakh fifty thousand two hundred fifty) taka as tax i...... now pending in the Court of Sessions Judge, Naogaon should not be quashed. The Order of stay granted earlier shall stand vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 272. ...... The Rule is discharged. Cases Referred to- Nizamuddin Vs. Abdul Hamid, 60 DLR (AD) 145; Ali Akkas Vs. Enayet Hossain, 17 BLD (AD) 44 = 2BLC (AD)16. Lawyers Involved: Golam Ahmed, Advocate - For the Petitioner. Dr. M Zahir with ASM Abdur Razzak, Advocates - For the Opposite P...... now pending in the Court of Sessions Judge, Naogaon should not be quashed. The Order of stay granted earlier shall stand vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 272. ..Category: Banking Law | Date: 24 Aug, 2011 | Hits: 237
Md. Rafique Ullah Vs. State, 2011, 40 CLC (HCD)
.... Damon Case No.23 of 2000 is hereby set aside. The appellant is released from his bail bond. Send down the lower Court records. Borhanuddin, J.- I agree. Ed. This Case is also Reported in: ...... Damon Case No.23 of 2000 is hereby set aside. The appellant is released from his bail bond. Send down the lower Court records. Borhanuddin, J.- I agree. Ed. This Case is also Reported in: ......ant is released from his bail bond. Send down the lower Court records. Borhanuddin, J.- I agree. Ed. This Case is also Reported in: ......the Investigating Officer. One of them stated that the appellant had pressed the victim’s hands, while another stated that he had kissed her. There are contradictions in their evidence as well. The source of their knowledge is the informant, who himself is not an eye-witness. In such a position, t..Category: Women and Children | Date: 9 Aug, 2011 | Hits: 165
Tae Hung Packaging (BD) Limited and others Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....nder the Income Tax Act, a writ petition under Article 226 of Constitution is maintainable. It has been held by the Supreme Court, the Income Tax Act provides a complete machinery for assessment of tax and imposition of penalty and for obtaining relief in respect of any improper orders passed by ......nd my learned brother, Md. Abdul Wahhab Miah J. I agree with the judgment of my learned brother, Md. Abdul Wahhab Miah J. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 144. ....... Abdul Wahhab Miah J. I agree with the judgment of my learned brother, Md. Abdul Wahhab Miah J. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 144. ......nd my learned brother, Md. Abdul Wahhab Miah J. I agree with the judgment of my learned brother, Md. Abdul Wahhab Miah J. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 144. ..Category: Business or Commercial Law | Date: 20 Jul, 2011 | Hits: 39
State Vs. Tariqul Islam alias Rinku and 20 others, 2011, 40 CLC (HCD)
....gainst absconding accused Mohon and Tuhin. The Office is directed to send down the records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 53. ......gainst absconding accused Mohon and Tuhin. The Office is directed to send down the records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 53. ......directed to send down the records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 53. ......map and index (Exhibits ৬, ৬ক, ৬ঘ, ৭, ৭ক-৭ঘ, recorded statements of the witnesses including wounded Rasel and some members of আহলে হাদীস. He came to know by source that before two years back following people were arrested on suspicion in connection with GDE..Category: Criminal Law | Date: 17 Jul, 2011 | Hits: 6
Human Rights and Peace for Bangladesh Vs. Bangladesh, 2011, 40 CLC (HCD)
....resent high volume of cases, it is not possible on their part to bear the cost of the cases filed as public interest litigation. Ed. This Case is also Reported in: ......resent high volume of cases, it is not possible on their part to bear the cost of the cases filed as public interest litigation. Ed. This Case is also Reported in: ......(Special Original Jurisdiction) Present: AHM Shamsuddin Choudhury J Gobinda Chandra Tagore J Human Rights and Peace for Bangladesh (HRPB), represented by it’s Secretary, Advocate Asaduzzaman Siddique, Hall No. 2, Supreme Court Bar Association Bhaban, Dhaka, Bangladesh...........anga. 4. He avers that the matter attracts immense and unjettisonable public importance. As the people of Dhaka City depends on water supplied by WASA, Buriganga being virtually the exclusive source of WASA water, pollution of Buriganga water necessarily means consumption of virulent toxin...Category: Environmental Law | Date: 1 Jun, 2011 | Hits: 37
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