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Oram Limited Vs. Commissioner of Customs Excise and VAT Commissionerate, Dhaka, 2000, 29 CLC (HCD)
....28,688.00 for the period from August, 1995 to May, 1997 are declared to have been made without lawful authority and are of no legal effect. Ed. This Case is also Reported in: 53 DLR (2001) 373. ...... any approval of the VAT authority in respect of the price declared or amended by the registered person as per Sub-rule (2) of Rule 3, but the said Rule 3(2) only casts upon the VAT authority a clear duty to immediately communicate the newly declared price to the circle superintendent and the comput..Category: Fiscal/Taxation Law | Date: | Hits: 91
Category: Procedural Law | Date: | Hits: 88
National Board of Revenue Vs. Dulal Chandra Bhoumik, 2009, 38 CLC (AD)
....vision in Writ Petition No.8835 of 2008 is stayed till disposal of the appeal. The petitioners are permitted to add additional grounds. Ed. This Case is also Reported in: VII ADC (2010) 584. ......irected against the judgment and order dated 10.02.2009 passed by the High Court Division in Writ Petition No.8835 of 2008 making the Rule absolute and directing the respondents to assess the customs duty and other charges and release the petitioner's imported goods on payment of customs duties, tax..Category: Fiscal/Taxation Law | Date: | Hits: 73
Faustina Pereira Vs. State, 2001, 30 CLC (HCD)
....rs of the remaining 822 fore prisoners and also to report within seven days as what steps have been taken by this time for the release. Ed. This Case is also Reported in: 53 DLR (2001) (HCD) 414.......eeping any prisoner in jail after serving out of the sentence is gross violation of Human Rights and Fundamental Rights as guaranteed under our Constitution. From Rule 78 we find that it is the first duty of the Superintendent of Jails to release time expired prisoners after observing all the rules ..Category: Constitutional Law | Date: | Hits: 123
State Vs. Zakaria Pintu alias Md. Zakaria Pintu and others, 2010, 39 CLC (AD)
....s dated 20.04.2010, praying for vacating the order of stay, granted earlier by this Division, stands rejected. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 420, 31 BLD (AD) (2011) 20. ......about the incident which resulted the death of a human being but granted bail, an anticipatory one, to the main accused on invoking the Constitutional right of the accused. But it was the first legal duty of the accused persons to surrender either before the police or before the concerned Magistrate..Category: Criminal Law | Date: | Hits: 68
Fazlur Rahman & 38 others Vs. Government of Bangladesh and others, 1999, 28 CLC (HCD)
....e Rules are discharged without any order as to costs. The order of stay granted by this court earlier the above Rules, are hereby vacated. Ed. This Case is also Reported in: 53 DLR (2001) 237.......on and asserting, inter alia that the petitioner was never a permanent Nikah Registrar for ward Nos. 46-47 and 48 but his appointment was of temporary nature and due to misconduct in discharge of his duty his licence was revoked following the procedure provided under law and, as such, the statement/..Category: Constitutional Law | Date: | Hits: 109
Category: Civil Law | Date: | Hits: 84
Titas Gas (T & D) Co. Ltd. Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)
....g results were not verifiable and that, therefore, the account should not be acceptable; (iii) Whether, the Taxes Appellate Tribunal was justified in maintaining addition of Taka 1,20,50,664.00 as excess perquisites under section 30(e) of IT Ordinance of 1984. (iv) Whether the Taxes Appellate ......the affirmative and against the assessee applicant and we refrain from answering the other questions. There will be no order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 209. ..Category: Fiscal/Taxation Law | Date: | Hits: 82
Bangladesh Water Development Board Vs. Contractor, Manu Barrage, 2000, 29 CLC (HCD)
....the Chairman of the Water Development Board.He claimed Taka 32,25,535.00 on account of the difference in the measurement use of U-type sheet piling in place of I-type piling and Taka 69,70,000.00 for excess dewatering. Originally, 90,678 square feet with the depth of 28 feet was to be pumped out. Bu......ll realisation. The parties are directed to bear their own respective costs. Send down the record of the case without any further delay. Ed. This Case is also Reported in: 53 DLR (2001) 200. ..Category: Civil Law | Date: | Hits: 132
Md. Abdul Kader Vs. Bangladesh Road Transport Corporation, 2010, 39 CLC (AD)
....ay. Security of Tk. 1,000/- is to be deposited within 1(one) month. Preparation of the paper book is dispensed with as prayed for. Ed. This Case is also Reported in: VII ADC (2010) 481....... the Chairman, Second Labour Court, Dhaka contending, inter-alia, that he joined the corporation as a time keeper in the 1st week of March, 1983 and had been working very sincerely with devotion to duty and with satisfaction of the superiors since his appointment till dismissal and that suddenly..Category: Labour and Industrial Law | Date: | Hits: 79
Prime Finance and Investment Limited Vs. Delwar H. Khan and others, 2009, 38 CLC (AD)
.... arise as to the competence and/or integrity of the persons who were involved in the management of the affairs of the company. However, the fact remains that the loan liabilities of the Company is in excess of TK. 18,21,70,000.00 (Taka eighteen crore twenty One lac and seventy thousand only) and tha......he above, we find no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 459. ..Category: Company Law | Date: | Hits: 197
Anti-Corruption Commission Vs. Dr. Muhiuddin Khan Alamgir and others, 2010, 39 CLC (AD)
....ion of concealment of valuation of the house of the respondent no. 1 at Banani, the learned Special Judge, on the basis of the depositions of the PWD officials and Ext. 16, held that he concealed the excess cost for construction of the said house. But the High Court Division did not consider them ei......dy been acquitted on merit of the case as is in this case. With these observations, this petition is dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 290, VIII ADC (2011) 78. ..Category: Anti-Corruption Laws | Date: | Hits: 231
Dr. Mohiuddin Farooque Vs. Bangladesh and others, 2001, 30 CLC (HCD)
....e extent of damage, direct the person responsible for taking appropriate corrective measures and such person shall be bound to comply with such directions. 25. Section 9 prohibits the discharge of excessive environmental pollutants from all sources including the commercial and industrial enterpri...... to health.”(under-linings are mine). The Constitution also commands the duties of the citizens and of public servants in no uncertain terms. Article 21 reads as follows: “21. (1) It is the duty of every citizen to observe the Constitution and the laws, to maintain discipline, to perform p..Category: Environmental Law | Date: | Hits: 345
Ismail (Md) Vs. Motasim Ali Chowdhury, 2000, 29 CLC (HCD)
....laintiff’s deed to ascertain whether plaintiff is in possession of the area covered by his purchase deed or much land in his possession. (ii) To relay whether defendant is possessing any land in excess of the land purchased by him. (iii) To note the physical features of the lands and to subm......n 23-5-1999 stands vacated. Having regard to the fact and circumstances of the case I direct the parties to bear their respective costs. Ed. This Case is also Reported in: 53 DLR (2001) 190. ..Category: Property Law | Date: | Hits: 27
Category: Limitation Law | Date: | Hits: 152
Mir Hossain @ Amir Hossain and Others Vs. Alifa Khatun and Others, 2009, 38 CLC (AD)
....h Court Division, since they can place their respective cases before the Court below. Accordingly the leave petitions are dismissed. Ed. This Case is also Reported in: 30 BLD (AD) (2010) 46. ......on on the part of the parties because when the present plaintiffs as defendants of the earlier suit being Title Suit No.16 of 1985 claimed that on summons of that suit was served on them it was the duty of the present contesting defendant No. 13 to call for the records of Title Suit No.16 of 1985 ..Category: Property Law | Date: | Hits: 79
Category: Constitutional Law | Date: | Hits: 126
Hasmat Ali Vs. State, 2001, 30 CLC (HCD)
....tion 302 of the Penal Code and, as such, the impugned conviction and sentence are hereby upheld. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 53 DLR (2001) 169. ......d he heard that the convict appellant was beaten by the Sagardigi camp police. 12. PW 4 Sachindra Chandra Barman was a village police (Dafadar) at the relevant time. He stated that while he was on duty on 30-8-1991 he heard that there was an occurrence at the house belonging to the convict appell..Category: Criminal Law | Date: | Hits: 27
Hasibur Rahman (Md) Vs. Shakila Begum and another, 2000, 29 CLC (HCD)
.... Order of stay granted in Civil Revision Petition stands vacated. No costs. Send down the LCR as immediately as possible. Ed. This Case is also Reported in: 53 DLR (2001) 152. ......should be allowed within the framework of the suit. The Rule frees the Court from the tentacles of the procedural law and empowers it to do complete justice. Ends of law are justice and the paramount duty of the Court is to ensure and uphold the banner of justice. 23. In the Case in hand the ..Category: Family Law | Date: | Hits: 152
Mainul Hosein & others Vs. Sheikh Hasina Wazed, 2000, 29 CLC (HCD)
.... dispose of all the motions in the line with the desire of Mr. ATM Afzal, CJ as was ordered in the concluding paragraph of his opinion. Ed. This Case is also Reported in: 53 DLR (2001) 138. ......t the killing would continue- the Prime Minister thereby justified killings. Behind the utterances, there was design or motive to interfere with the functioning of the judiciary in its constitutional duty to protect the liberty of the citizen. All their efforts to avoid coming to Court failed due to..Category: Criminal Law | Date: | Hits: 49