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Md. Kamaluddin and others Vs. Bangladesh, 2006, 35 CLC (AD)

....ith as prayed for. Stay granted earlier be extended for fur­ther 2 (two) months from date. The parties are directed to file the concise statement within one month. Ed. ......ith as prayed for. Stay granted earlier be extended for fur­ther 2 (two) months from date. The parties are directed to file the concise statement within one month. Ed. ......ier be extended for fur­ther 2 (two) months from date. The parties are directed to file the concise statement within one month. Ed. ......ith as prayed for. Stay granted earlier be extended for fur­ther 2 (two) months from date. The parties are directed to file the concise statement within one month. Ed. ..

Category: Property Law | Date: | Hits: 31

Mohammad Enayet Rabbi Vs. Sree Sree Shoti Rani Kundho and another, 2006, 35 CLC (AD)

....eed the suit. 10. In the background of the aforesaid discus­sions we do not find merit in the appeal. Accordingly the appeal is dismissed with cost of Tk. 5, 000/-. Ed. ......eed the suit. 10. In the background of the aforesaid discus­sions we do not find merit in the appeal. Accordingly the appeal is dismissed with cost of Tk. 5, 000/-. Ed. ......f the aforesaid discus­sions we do not find merit in the appeal. Accordingly the appeal is dismissed with cost of Tk. 5, 000/-. Ed. ......eed the suit. 10. In the background of the aforesaid discus­sions we do not find merit in the appeal. Accordingly the appeal is dismissed with cost of Tk. 5, 000/-. Ed. ..

Category: Property Law | Date: | Hits: 28

Jobeda Bewa & others Vs. Md. Abdur Razzaque, 2006, 35 CLC (AD)

....ision. There is no cogent reason to interfere with the same. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 12 MLR (AD) 2007, 16. ......ision. There is no cogent reason to interfere with the same. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 12 MLR (AD) 2007, 16. ......e with the same. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 12 MLR (AD) 2007, 16. ......ision. There is no cogent reason to interfere with the same. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 12 MLR (AD) 2007, 16. ..

Category: Property Law | Date: | Hits: 33

Md. Baker Miah and others Vs. Shamsun Nahar Begum, 2006, 35 CLC (AD)

....ssession in the land in suit. In the background of the aforesaid discus­sions we find no merit in the appeal. Accordingly the appeal is dismissed with­out costs. Ed. ......ssession in the land in suit. In the background of the aforesaid discus­sions we find no merit in the appeal. Accordingly the appeal is dismissed with­out costs. Ed. ......background of the aforesaid discus­sions we find no merit in the appeal. Accordingly the appeal is dismissed with­out costs. Ed. ......ssession in the land in suit. In the background of the aforesaid discus­sions we find no merit in the appeal. Accordingly the appeal is dismissed with­out costs. Ed. ..

Category: Property Law | Date: | Hits: 25

Parveen Banu @ Purnima & others Vs. Bangladesh House Building Finance Corporation, 1990, 19 CLC (AD)

....gment and decree as they are. In view of the discussion above, both the ap­peals are dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 234. ......gment and decree as they are. In view of the discussion above, both the ap­peals are dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 234. ......are. In view of the discussion above, both the ap­peals are dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 234. ......ke them parties in Miscellaneous Case No. 88 of 1976. 12. It has been asserted by defendant No.1 that MA Naser is not dead but that he is alive, and defendant No.1 had come to know from a reliable source that MA Naser was living in Karachi with his wife, son and daughters and that he was doing hi..

Category: Property Law | Date: | Hits: 95

Al-haj Ahmed Hossain Khan Vs. Rezaur Rahman and others, 1990, 19 CLC (AD)

.... for Tk. 10,000/- for and on behalf of defen­dant No.1 who promised to execute the final deed of conveyance within three months on receipt of the balance consideration money after obtaining in­come-tax clearance certificate and on payment of cap­ital gains tax, etc. Defendant No. 2 on behalf of d...... order as to costs. Order of the Court. By the majority decision, the appeal is dis­missed. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 225. ......rder of the Court. By the majority decision, the appeal is dis­missed. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 225. ...... order as to costs. Order of the Court. By the majority decision, the appeal is dis­missed. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 225. ..

Category: Property Law | Date: | Hits: 50

National Board of Revenue & Ors. Vs. Al-Haj Mohammad Sufian , 2005, 34 CLC (AD)

.... 1996-97,1997-98 under TIN 309-101-5913 in the name of Mohammad Sufian. 3. Facts relevant for disposal of the case are that the writ-petitioner submitted self assessment return of his income taxes for the assessment year 1992-93, 1993-94, 1994-95, 1995-96, 1996-97 and 1997-98 under the se......spective case. 7. In view of the above, we do not find any substance in the submission of the learned Advocate-on-Record for the petitioners. The petition is dismissed. Ed. ......ew of the above, we do not find any substance in the submission of the learned Advocate-on-Record for the petitioners. The petition is dismissed. Ed. ......o Appeal No. 869 of 2001 Judgment:                  Mohammad Fazlul Karim J. –The Secretary. Internal Resources Division, Ministry of Finance and Chairman, National Board of Revenue, Dhaka along with oth..

Category: Fiscal/Taxation Law | Date: | Hits: 72

M/s. Sonali Aansh Trading (Pvt.) Ltd & anr Vs. M/s Birla Tyres & ors, 2005, 34 CLC (AD)

.... High Court Division has rightly made the rule absolute setting aside  the ad interim injunction and mandatory injunction. The petition is dismissed. Ed.   ...... High Court Division has rightly made the rule absolute setting aside  the ad interim injunction and mandatory injunction. The petition is dismissed. Ed.   ......lute setting aside  the ad interim injunction and mandatory injunction. The petition is dismissed. Ed.   ...... High Court Division has rightly made the rule absolute setting aside  the ad interim injunction and mandatory injunction. The petition is dismissed. Ed.   ..

Category: Business or Commercial Law | Date: | Hits: 100

Messrs Al-Haj Oil Mills Ltd. Vs. Wilmer Trading (Pvt.) Ltd. & Ors., 2006, 35 CLC (AD)

.... accord­ingly the samples were drawn and Bangladesh Atomic Energy Commission issued Radiation Test Certificate on 12.07.2003 and the plaintiff paid necessary fees and also made payment of river tax to Chittagong Port and that the defendant No.6 declared about storing of the goods to the cus&s......ended with as prayed for. Status-quo granted earlier be further extended till disposal of the appeal. The appeal is fixed on 6th November 2006 in the list at the top. Ed. ...... Status-quo granted earlier be further extended till disposal of the appeal. The appeal is fixed on 6th November 2006 in the list at the top. Ed. ......ended with as prayed for. Status-quo granted earlier be further extended till disposal of the appeal. The appeal is fixed on 6th November 2006 in the list at the top. Ed. ..

Category: Business or Commercial Law | Date: | Hits: 121

State Vs. Abdul Toab alias Abdul Towab and other, 2005, 34 CLC (AD)

....n while acquitting the accused respondents did not consider the evidence of prosecution witnesses in juxtapo­sition with the documentary evidence, M.V. stamp sale registers and counter foils of tax tokens, marked as Ext. 3 series and thus com­mitted serious error. 6. We have consid......urt in holding the accused respondent as guilty and in doing so there has been miscarriage of justice. " Preparation of paper book is dispensed with as prayed for. Ed. ......espondent as guilty and in doing so there has been miscarriage of justice. " Preparation of paper book is dispensed with as prayed for. Ed. ......urt in holding the accused respondent as guilty and in doing so there has been miscarriage of justice. " Preparation of paper book is dispensed with as prayed for. Ed. ..

Category: Criminal Law | Date: | Hits: 35

Esquire Electronics Ltd. Vs. Bangladesh, 2007, 36 CLC (AD)

....elegated power. 7. It is now a settled principle of law that whatever may be the position on the date of opening of the Letter of Credit but the importer is saddled with the liability to the taxes and duty prevalent on the date of filing of the bill of entry. In the case of Mustafa Kamal v......r Rahman on the other." 9. On the above, we find no substance in the submission of the learned Advocate-on-Record for the petitioner. The petition is dismissed. Ed. ...... 9. On the above, we find no substance in the submission of the learned Advocate-on-Record for the petitioner. The petition is dismissed. Ed. ......lam J Amirul Kabir Chowdhury J Esquire Electronics Ltd......................Petitioner Vs. Bangladesh represented by the Secretary, Minis­try of Finance, Internal Resources Division (Cus­toms) and ors.............................Respondents Judgment ..

Category: Fiscal/Taxation Law | Date: | Hits: 126

Bangladesh Agricultural Development Corporation Vs. Artha Rin Adalat and ors., 2006, 35 CLC (AD)

....well officers of the Court. We have perused the impugned judgment. There is no error. The petitions are therefore dismissed. Ed. This Case is also Reported in: 59 DLR (2007) (AD) 6. ......the  defendant-petitioner  enjoyed  the privilege and that on 31-12-1989 the term of the aforesaid credit facilities expired and that pursuant to counter finance scheme Bangladesh Bank deducted Taka 9 crore on January 1990 from the amount kept by the plaintiff bank with Bangladesh Ban......rt. We have perused the impugned judgment. There is no error. The petitions are therefore dismissed. Ed. This Case is also Reported in: 59 DLR (2007) (AD) 6. ......well officers of the Court. We have perused the impugned judgment. There is no error. The petitions are therefore dismissed. Ed. This Case is also Reported in: 59 DLR (2007) (AD) 6. ..

Category: Business or Commercial Law | Date: | Hits: 135

Collector of Customs, Custom House, Chittagong and others Vs. A. Hannan, 1990, 19 CLC (AD)

....s, however, revised extending the last date of shipment upto 30th November, 1984. Concessional rate of customs duty was announced for giving incentive to the businessmen, namely, the custom and sales tax could only be leviable on im­ported sugar in excess of 50% customs duty and 10% sales tax. This...... the matter the opinion is that the appeal must be dismissed. In the result, this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 167. ......is that the appeal must be dismissed. In the result, this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 167. ......cate renewed upto date shall be eligible to open Letter of Credit for im­port of Sugar under Wage Earners' Scheme. However, industrial consumers shall not be eli­gible to import sugar under any source of finance. (ii) An individual importer shall be entitled to open Letter of Credit for a..

Category: Fiscal/Taxation Law | Date: | Hits: 153

Commissioner of Tax­es, Dhaka (West) Zone, Dhaka Vs. Shahabuddin Ahmed, 1989, 18 CLC (AD)

....n 60 of the Income Tax Act, 1922 can control Article 10 of President’s Order No. 21 of 1973, in other words, whether salary income of a Judge of the Supreme Court of Bangladesh exempted from income tax under Article 10 of P.O. 21 of 1973 could be included for the purpose of taxation while computin......ed and the decisions of the courts below are af­firmed though not necessary on the same reasonings. There is no order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 162. ......the courts below are af­firmed though not necessary on the same reasonings. There is no order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 162. ......ed and the decisions of the courts below are af­firmed though not necessary on the same reasonings. There is no order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 162. ..

Category: Fiscal/Taxation Law | Date: | Hits: 111

Mahaprabhu Ram Vs. Gopal Ram Ram & others, 1990, 19 CLC (AD)

....in pos­session of the disputed property by inheritance from their father who had exclusive interest and title in the same. Since 1943 it is the father of the defendants who had been paying rents and taxes. 4. It is the concurrent finding of both the Courts below and the High Court Division that ......f. Hence on all counts we find that the im­pugned judgment does not merit any interference. The appeal is dismissed with costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 154. ......s we find that the im­pugned judgment does not merit any interference. The appeal is dismissed with costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 154. ......where the plaintiff’s claim of title is to be looked into incidentally. If the precise title to which he lays his claim is not supported by the evidence on record, the Court cannot find out another source of title for the plaintiff by way of gratuitous relief…………………..(18) Lawyers ..

Category: Tenancy Law | Date: | Hits: 169

Mosharraf Hossain Chowdhury and other Vs. Md. Jahurul Islam Chowdhury & ors, 2006, 35 CLC (AD)

....is directed to handover the property of schedule 'Kha' and 'Ga' to the appellants i.e. the contesting defendants. Ed. This Case is also Reported in:  61 DLR (AD) (2009) 133; ......is directed to handover the property of schedule 'Kha' and 'Ga' to the appellants i.e. the contesting defendants. Ed. This Case is also Reported in:  61 DLR (AD) (2009) 133; ......roperty of schedule 'Kha' and 'Ga' to the appellants i.e. the contesting defendants. Ed. This Case is also Reported in:  61 DLR (AD) (2009) 133; ......l Hossain his wife and the children stayed in the house of Izzatullah Chowdhury, that the evidence as to payment of considera­tion as regard the transaction by Ext.1 or in other words about the source of consideration relating to transaction as evidenced by Est.1 is of doubtful nature since ..

Category: Property Law | Date: | Hits: 67

Shabbir Ahmed Chowdhury Vs. State, 2006, 35 CLC (AD)

....which was sold in the local market at a sum of TK. 1,47,60,000/- thereby the accused earned net profit of TK. 12,12,436.75/- for which they were liable to pay a sum of TK. 11,57,430.70/- as income tax but they on the eve of releasing the goods paid a sum of TK. 1,47,2000/- as income tax thereby ......find any legal grounds of quash the proceeding and as such the impugned order does not suffer from any error. The petition is found to be without any substance and is thus dismissed. Ed. ......sh the proceeding and as such the impugned order does not suffer from any error. The petition is found to be without any substance and is thus dismissed. Ed. ......find any legal grounds of quash the proceeding and as such the impugned order does not suffer from any error. The petition is found to be without any substance and is thus dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 57

Mukter Hossain Khan (Md.) Vs. State, 2008, 37 CLC (AD)

....etitioner. The appeal is accordingly allowed. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 44 ; V ADC (2008) 358; 13 MLR (AD) 2008, 186; 28 BLD (AD) 2008, 53. ......etitioner. The appeal is accordingly allowed. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 44 ; V ADC (2008) 358; 13 MLR (AD) 2008, 186; 28 BLD (AD) 2008, 53. ......is accordingly allowed. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 44 ; V ADC (2008) 358; 13 MLR (AD) 2008, 186; 28 BLD (AD) 2008, 53. ......etitioner. The appeal is accordingly allowed. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 44 ; V ADC (2008) 358; 13 MLR (AD) 2008, 186; 28 BLD (AD) 2008, 53. ..

Category: Criminal Law | Date: | Hits: 71

Shafiqul Islam Chowdhury (Md.) and ors. Vs. Mustafizur Rahman and ors., 2008, 37 CLC (AD)

....tition as an alternative prayer. The appeal is accordingly, allowed without any order as to cost. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 42 ; V ADC (2008) 329. ......tition as an alternative prayer. The appeal is accordingly, allowed without any order as to cost. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 42 ; V ADC (2008) 329. ......l is accordingly, allowed without any order as to cost. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 42 ; V ADC (2008) 329. ......tition as an alternative prayer. The appeal is accordingly, allowed without any order as to cost. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 42 ; V ADC (2008) 329. ..

Category: Property Law | Date: | Hits: 39

Abdul Noor (Md) @ Cunnu Mia & another Vs. Makhan Mia @ Md Laisuzzaman and others, 2008, 37 CLC (AD)

....ot at all tenable in the eye of law. All the appeals are, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 39. ......ot at all tenable in the eye of law. All the appeals are, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 39. ......he appeals are, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 39. ......ot at all tenable in the eye of law. All the appeals are, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 39. ..

Category: Property Law | Date: | Hits: 48