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Ali Garments Limited Vs. Commissioner of Taxes, 2014, 43 CLC (AD)

....agong Vs. Harendra Kumar Shil, 34 DLR (AD) 298. Lawyers Involved: Rafique-ul-Huq, Senior Advocate instructed by Md.Wahidullah, Advocate-on-Record—For the Appellant. Mahfuza Begum Assistant Attorney-General instruct­ed by B Hossain, Advocate-on-Record—For the Respondent......he High Court Division, accordingly, the appeal is dis­missed without however any order as to costs. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 243.     ......he High Court Division, accordingly, the appeal is dis­missed without however any order as to costs. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 243.     ..

Category: Fiscal/Taxation Law | Date: 5 Jan, 2014 | Hits: 11

Abdul Quader Mollah Vs. Chief Prosecutor, International Crimes, Tribunal, Dhaka, 2013, 42 CLC (AD)

.... For the reason stated above, we find no merit in these review petitions. The petitions are accord­ingly dismissed on merit. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 289. ...... For the reason stated above, we find no merit in these review petitions. The petitions are accord­ingly dismissed on merit. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 289. ......y;ings and other materials as may be tendered before it, which it deems to have probative value. (2) A Tribunal may receive in evidence any statement recorded by a Magistrate or an Investigation Officer being a statement made by any person who, at the time of the trial, is dead or whose attenda..

Category: International Crimes Tribunal Law | Date: 12 Dec, 2013 | Hits: 15

Md. Abdur Rob Bhuiyan Vs. Sheikh Ahammed and others, 2013, 42 CLC (HCD)

....uitted on trial acquires an added advantage of proven innocence………………………………………(8) Lawyers Involved: No one appears for the petitioner. Abu Saleh Md. Fazle Rabbi Khan, Assistant Attorney General-for the State. Criminal Revision No. 120 of 2005 Judgment Md. Ruhul Q...... Rule. Accordingly, the Rule is discharged. Opposite Parties 1-20 are released from their bail bonds. Send down the records. Muhammad Abdul Hafiz J.- I agree. Ed. This Case is alsoReported in: ......nul Islam was a local hearsay witness,P.W. 4 Zafar Ahamed was another victim of the alleged occurrence and brother–in-law to the informant, P.W. 5 Dr. Nikhil Chandra Dey was the Residential Medical Officer of Begumgonj Upazila Health Complex who had examined the victim Zafar Ahmmed after the occur..

Category: Procedural Law | Date: 21 Nov, 2013 | Hits: 24

Md. Nuruzzaman (Noni) Vs. Government of Bangladesh and others, 2013, 42 CLC (HCD)

.... their fundamental rights as guaranteed under Articles 27, 29 and 31 of the Constitution. 10. Ms. Amatul Karim, the learned Deputy Attorney General appearing with Ms. Nusrat Jahan, the learned Assistant Attorney General on behalf of the respondent-government bringing notice to Act No.9 of 20......fructuous. The order of stay granted earlier is hereby vacated. There will be no order as to costs. AKM Zahirul Hoque J.- I agree. Ed. This Case is also Reported in: ......fructuous. The order of stay granted earlier is hereby vacated. There will be no order as to costs. AKM Zahirul Hoque J.- I agree. Ed. This Case is also Reported in: ..

Category: Fiscal/Taxation Law | Date: 20 Nov, 2013 | Hits: 24

Golam Sarwar Vs. Commissioner of Taxes, 2013, 42 CLC (HCD)

....ttagong Division Bench, Chittagong was correct in law in con­firming the appeal order in regard to assessments in case of deceased under section 84/93/92(1) of the Income Tax Ordinance, 1984 when Assistant Com­missioner of Taxes, Survey Circle-2, Chittagong did not start the proceed­ings......ke necessary steps under section 161(2) of the Income Tax Ordinance, 1984. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 350; 2 CLR (HCD) (2014) 301; 23 Karadalat (HCD) (2014) 15 ......ke necessary steps under section 161(2) of the Income Tax Ordinance, 1984. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 350; 2 CLR (HCD) (2014) 301; 23 Karadalat (HCD) (2014) 15 ..

Category: Fiscal/Taxation Law | Date: 14 Nov, 2013 | Hits: 4

AKM Mosharraf Hossain Vs. State & another, 2013, 41 CLC (HCD)

....rnment telephone and, as such, he has no limit in using such facilities. He denied the suggestion put to him during the course of cross-examination. 24. P.W.6, Md. Moniruzzaman Miah is a Section Assistant, attached to Ministry of Industry. He deposed that on 13-4-1988, the con­vict-appellan......realise the fine in accordance with law. Let a copy of this judgment along with LCR be sent to the concerned Court at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 564 ......to pay a fine of Taka 6,00,000, in default to suffer SI for 6(six) months more. 2.  The fact, relevant for disposal of this appeal may briefly be stated as follows. 3. One MA Mannan an Officer of Anti-Corruption on 29-1-1991 as informant lodged the FIR with the Motijheel Police Statio..

Category: Anti-Corruption Laws, Criminal Law | Date: 10 Oct, 2013 | Hits: 3

Zakir Hossain and another Vs. Md. Shahnewaz and others, 2013, 42 CLC (AD)

....13 of 2007 admit­ting the appeal upon condonation of delay of 1492 days filed against the preliminary decree dated 20-11-2000 and final decree dated 18-10-2003 passed by the learned Acting Senior Assistant Judge, Fifth Court, Chittagong in Partition Suit No.84 of 1999 decreeing the same. 2.......s and facts do not war­rant interference by this Division. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 98. ......s and facts do not war­rant interference by this Division. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 98. ..

Category: Procedural Law | Date: 10 Oct, 2013 | Hits: 12

Moulana Abdul Hakim (Md.) Vs. Government of Bangladesh and others, 2013, 42 CLC (HCD)

....ed of with the directions above. 43. There is no order as to costs. Communicate this judgment and order forth­with. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 83 ......ed of with the directions above. 43. There is no order as to costs. Communicate this judgment and order forth­with. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 83 ...... order dated 12-2-2011 issued by the Respondent No.10, the chairman of the Madrasah's managing committee. The back­drop to the filing of this Application is that the concerned Upazila Nirbahi Officer upon first sus­pending the petitioner formed an inquiry commit­tee leading to a repo..

Category: Administrative Law, Constitutional Law | Date: 3 Oct, 2013 | Hits: 2

Satsang Bangladesh, D. Pakutia Vs. People’s Republic of Bangladesh and others, 2013, 42 CLC (HCD)

....10 passed by the learned Special Judge, Pabna in Miscella­neous Appeal No.2 of 2008 disallowing the appeal and thereby affirmed the judgment and order dated 28-1-2008 passed by the learned Senior Assistant Judge, Pabna Sadar, Pabna in Other Class Suit No.51 of 2007 rejecting the, application for......evidence within 2(two) months from the date of receipt of this judgment, order. Communicate the judgment and order at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 110 ......evidence within 2(two) months from the date of receipt of this judgment, order. Communicate the judgment and order at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 110 ..

Category: Civil Law, Procedural Law | Date: 26 Sep, 2013 | Hits: 3

Commissioner of Customs, Excise and VAT Commissioner of Customs, Excise and VAT Vs. Appollo Steel Mills Ltd and others, 2013, 42 CLC (AD)

....no reason and logic, he could just sit over the matter. With the above observations, this petition is dismissed. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 143   ......no reason and logic, he could just sit over the matter. With the above observations, this petition is dismissed. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 143   ...... authority, in short, VAT authority. Upon the closure of the mills and stoppage of production since 12-5-1998, the writ-petitioner on 20-8-1998 made an application to respondent No. 3, the Divisional Officer, Customs, Excise and VAT. 5. Tejgaon Division for refund of the bal­ance of current..

Category: Fiscal/Taxation Law | Date: 24 Sep, 2013 | Hits: 9

State Vs. Mostafizur Rahman and another, 2013, 42 CLC (AD)

....and findings given by Mohammad Anwarul Haque, J. Court's Order The appeal is dismissed by majority deci­sions. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 218. ......and findings given by Mohammad Anwarul Haque, J. Court's Order The appeal is dismissed by majority deci­sions. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 218. ......ng the informant went to meet the victim on 8-10-1995 at the house of Chand Ali. After that the Mohila Parishad took out a procession on 11-10-1995 and, thereafter, went to the Police Station but the Officer of the Police Station declined to record the First Information Report (FIR). A memorandum wa..

Category: Criminal Law, Women and Children | Date: 18 Sep, 2013 | Hits: 7

Government of Bangladesh Vs. Md. Abdul Maleque Miah and 7 anothers, 2013, 42 CLC (AD)

....allowed and the impugned judgment and order is set aside with the obser­vations made in the body of the judgment. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 167   ......allowed and the impugned judgment and order is set aside with the obser­vations made in the body of the judgment. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 167   ......rdingly considering him eligible for promotion, the Government awarded him time scale and placed him in MNS-VI (Taka 1400-2225) vide order dated 20-10-1983. The Government posted him as Thana Nirbahi Officer of Pirojpur vide notification dated 14-7-1983, where he joined on 24-7-1983. Thereafter he w..

Category: Administrative Law, Constitutional Law | Date: 17 Sep, 2013 | Hits: 3

ATM Nazimullah Chow¬dhury Vs. State & another, 2013, 42 CLC (HCD)

....2. Lawyers Involved: Abdur Rezzaque Khan with Fida M Kamal and Md. Tauflq Sajawar, Advocates—For the Appellant. Md. Khurshedul Alam, Deputy Attorney-General with, Md. Abdul Bari, Assistant Attorney-General and Mahmuda Parveen, AAG—For the State-Respondent No.1. Harunu......eps to secure his arrest. Let the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 500.   ......ss in all on its side. Because of the abscondence of the accused-appellant, the question of examination of any defence witness does not arise at all. 26. However, the informant and Investigating Officer Abdullah-al-Zahid, Deputy Director, Anti-Corruption Commission, has examined himself as P.W...

Category: Criminal Law, Procedural Law | Date: 1 Aug, 2013 | Hits: 5

Nur Jahan Akhtar, Director of Medona Garments Limited Vs. The Commissioner of Taxes, 2013, 42 CLC (HCD)

....i.e. very old pending matters, we are inclined to dispose of the reference applications on merit. 8. Md. Abu Amjad, the learned Deputy Attorney General assisted by Ms. Mahfuja Begum, the learned Assistant Attorney General takes us through the reference applications and the connected materials o......t of Bangladesh 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: ......t of Bangladesh 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: ..

Category: Fiscal/Taxation Law | Date: 31 Jul, 2013 | Hits: 3

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

.... very old pending matters, we are inclined to dispose of the reference applications on merit. 8. Mr. Md. Abu Amjad, the learned Deputy Attorney General assisted by Ms. Mahfuja Begum, the learned Assistant Attorney General takes us through the reference applications and the connected materials o......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:   ......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:   ..

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)

....ular property and obtained an ex parte decree on 22-5-1984. Against this ex parte decree, plaintiff filed other class Suit No. 28 of 2000, which for valuation of the suit, transferred to the Court of Assistant Judge, 1st Court and renumbered as other class Suit No, 421 of 2007. Defendant No.2 was ap......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. ......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. ..

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

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

....Orders of Stay as ini­tially granted are necessarily recalled and vacated. There are no Orders as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 551   ......Orders of Stay as ini­tially granted are necessarily recalled and vacated. There are no Orders as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 551   ......Orders of Stay as ini­tially granted are necessarily recalled and vacated. There are no Orders as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 551   ..

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)

.... The judgment and decree dated 14-11-2011 passed by the Joint District Judge, 2nd  Court, Gazipur, in Title Appeal No. 115 of 2008 reversing the judgment and decree dated 22-9-2008 passed by the Assistant Judge, 3ri Court, Gazipur in Title Suit No. 23 of 1998 dismissing the suit. A single judge......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   ......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   ..

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)

.... 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 Commissioner of Customs, Customs House, Chittagong, P.S. Bander, Chittagong……………......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: ......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: ..

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

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

....how cause, as to why the proceeding of Sessions Case No.227 of 2009 arising out of C. R. Case No. 766 of 2008 under Section 138 of the Negotiable Instrument Act, 1881, now pending in the Court of 4th Assistant Sessions Judge, Narayangonj, should not be quashed. 2. Facts, relevant for disposal o...... 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: ...... 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: ..

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