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Grameen Telecom Vs. Commissioner of Taxes, 2013, 42 CLC (HCD)
....ction 83(1) and 79 of the Income Tax Ordinance, 1984 conducted hearing through its authorized representative Mr. Mahbubur Rahman, ITP before the DCT concern. But the DCT concern upon disallowing some claimed expenditure assessed the income of the Assessee-applicant at a different higher amount. 3...... Judgment AFM Abdur Rahman J. - In this Income Tax Reference Application, the Assessee-applicant challenged the order of the Taxes Appellate Tribunal refusing to allow the admission of appeal before the Commissioner of Taxes (Appeal). 2. It has been stated in the instant Income Tax Referenc......o be admitted and heard on merit by the Commissioner of Taxes (Appeal), immediately. However, there shall be no order as to costs. Mohammad Ullah J. -I agree. This Case is also Reported in: ..Category: Fiscal/Taxation Law | Date: 5 Jun, 2013 | Hits: 86
Bimol Rosario Vs. Barbara Rosario and others, 2013, 42 CLC (HCD)
.... ' and gave the Photostat copies of the relevant papers and Taka 20,000 to the defendant No.1. After 3/4 months later the defendant No.1told that loan amount of 10, 00,000 has been sanctioned and claimed some additional costs. The plaintiff, thereupon, lending some money gave Taka 30,000 to the ......rd Court, Gazipur in Title Suit No. 100 of 2009 should not be set-aside. 2. Material facts of the case, in brief, are that the opposite party No.1, Barbara Rosario as plaintiff brought the aforesaid Title Suit No. 100 of 2009 in the Court of Assistant Judge, 3rd Court , Gazipur for c......0,000 to the defendant No.1. After 3/4 months later the defendant No.1told that loan amount of 10, 00,000 has been sanctioned and claimed some additional costs. The plaintiff, thereupon, lending some money gave Taka 30,000 to the defendant No.1as costs and the defendant Nos.1 and 2 took signature of..Category: Civil Law, Evidence Law | Date: 22 May, 2013 | Hits: 3
Moon Construction Company Limited Vs. Government of Bangladesh & others, 2013, 42 CLC (HCD)
....ent. Office is directed to communicate the copy of this judgment forthwith. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 193 ......re- A person may be destructively treated not only by action, but also by inaction and inaction may contravene the Article, when it is arbitrary and unreasonable. In the instant case, the aforesaid expectation and/or prepared admitted bill of the petitioner cannot be termed or being based......ication issued, on 7-5-2012, was in the following terms: “Let a Rule Nisi be issued calling upon the respondents to show cause as to why they should not be directed to refund the retention money/security deposit to the petitioner deducted from the bill of the works of package Nos. W-092N-..Category: Constitutional Law | Date: 16 May, 2013 | Hits: 4
ABSCO Limited Vs. Artha Rin Adalat No.2, Dhaka & another, 2013, 42 CLC (HCD)
.... relevant for disposal of these Rules are, in a bridge, is that, the respondent No. 2, GSP. Finance Company (Bangladesh) Limited instituted Artha Rin Suit No. 276 of 2010 against the petitioners claiming a sum of Taka 3, 08, 38,817 and Artha Rin Suit No. 277 of 2010 claiming a sum of Taka 4, 02...... May 15, 2013. Result: Both the rules are discharged. Artha Rin Adalat Ain (VIII of 2003); Sections 10(1) and 19(2) Section 10 of the Ain, 2003 does not provide any provisions for filing applications against the ex-parte judgments and decree of the Adalat similar to the provi...... No. 2 refused the prayer of the petitioners and finally the respondent No. 2 finding no alternative served legal notice demanding payment of outstanding dues and filed the suits for recovery of money against the petitioners on 30-7-2010. The Court issued usual summons to be served upon the pet..Category: Corporate Law, Others | Date: 15 May, 2013 | Hits: 8
.... said Execution Case the said property was attached. During pendency of the said execution case the opposite-party No. 1 filed application under Order XXI, rule 58 of the Code of Civil Procedure claiming itself to be a donee of the land in question, since according to him the land in question w......Judgment
Nozrul Islam Chowdhury J. - This rule was heard and it was discharged on 26-2-2013, after going through the typed copy of the judgment it transpires that a re-hearing is necessary. Therefore, on our direction it has been placed in the list on 18-4-2013 for re-hearing and after hear......Taka 80 (eighty) lakhs by the petitioner to the opposite-party No.2 but eventually deed of transfer could not be executed by the opposite-party No. 2 therefore, the opposite-party No. 2 paid back the money received by her by two cheques one for Taka 30 (thirty) lakhs and the other one for Taka 50 (f..
Category: Civil Law, Procedural Law | Date: 18 Apr, 2013 | Hits: 2
Bangladesh Inland Water Transport Au¬thority (BIWTA) Vs. Bangladesh & others, 2013, 42 CLC (HCD)
....ator and the said Conservator is BIWTA, accordingly, the BIWTA being the Conservator of the riverport, is the only lawful authority while the respondent No. 5 (Zilla Parishad ) has no locus standi to claim or lease out Maowa Ferry Ghat which are within the territory of the Maowa River port. The......xure-D is without lawful authority and is of no legal effect and as to why the respondents should not be restrained by an order of injunction from leasing out the land of Maowa Riverport and its foreshore land in any manner and/or such other or further order or orders passed as to this court ma......ind that the instant writ petition is not maintainable. Accordingly, this Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 535 ..Category: Constitutional Law | Date: 15 Apr, 2013 | Hits: 3
Maku Rabi Das Vs. State, 2013, 42 CLC (AD)
....of this convicted condemned-prisoner, the present appellant. 7. Ultimately charge was so framed which was duly read over and explained to the accused-appellant where he pleaded not guilty and claimed to be tried. 8. During the course of trial prosecution has examined as many as 1......orary shelter there. Subsequently another co-accused (now dead) Giris Rabi Das, cousin of the deceased also came at about 4-00 PM and started gossiping with the Nainka Rabi Das. 3. However, Informant Dhiru Rabi Das, son of the deceased, went to nearby tea-stall for a cup of tea in and aroun...... find no merit in the appeal and accordingly it is dismissed. The confirmation of sentence of death is to be maintained. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 240. ..Category: Criminal Law | Date: 3 Apr, 2013 | Hits: 16
Dhaka City Corporation Vs. Firoza Begum & others, 2013, 42 CLC (AD)
....llip;………..(21) Legitimate expectation may arise either from an express promise given on behalf of a public authority or from the existence of regular practice which the claimant can reasonably expect to continue. Vide Council of Civil Service Union Vs. Minister fo......romise given on behalf of a public authority or from the existence of regular practice which the claimant can reasonably expect to continue. Vide Council of Civil Service Union Vs. Minister for the Civil Service 1985 AC 374……………………&he......on are based on proper appreciation of laws and facts. Accordingly, the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 145. ..Category: Constitutional Law, Employment/Service Law | Date: 6 Mar, 2013 | Hits: 17
Rear Admiral M. Nurul Islam, NCC, PSC (Retd.) Vs. State, 2013, 42 CLC (HCD)
....are hereby vacated. Send down the lower court’s record with a copy of the judgment and order at once. Siddiqur Rahman Miah J. - I agree. Ed. This Case is also Reported in: ...... of 2004. With Criminal Miscellaneous Case No.6339 of 2004 And Criminal Miscellaneous Case No.3987 of 2004. Judgment KM Kamrul Kader J. - The supplementary affidavits do form part of these applications. 2. These Rules were issued in the above numbered criminal Misc......property or converted, used or disposed of that property himself or that he wilfully suffered some other person to do so. The learned Advocate further submits that there is no misappropriation of any money whatsoever there is nothing entrusted to these accused petitioners. He also submits that it do..Category: Anti-Corruption Laws | Date: 24 Feb, 2013 | Hits: 82
Amir Hossain Sowdagar Vs. Md. Harunur Rashid and others, 2013, 42 CLC (AD)
....e and a shop, who has obtained leave from this, Division from a judgment of the High Court Division which has affirmed that of the trial Court. 2. Respondent No.1 instituted the suit claiming that he entered into an agreement for sale of the suit property oh 2nd May, 2002 at a consi......shid and others......................Respondents Judgment February 20, 2013. Result: The appeal is dismissed with modification of the judgment. Cases Referred to- Oxford Vs. Provand, LR 2 PC 135; F Edridge Vs. RD Sethna, 60 IA 368; Jamshed Khodaram Irani Vs. Burjor......he plaintiff has failed to perform his promise which has compelled the defendant to rescind the agreement. The defendant did not dispute the execution of the agreement and the payment of advance money out of the total consideration amount. In view of the conflicting claims, the determination of..Category: Contract Law | Date: 20 Feb, 2013 | Hits: 42
Rana Kaiser Siddiq Vs. Bangladesh Chemical Industries Corporation and others, 2013, 42 CLC (AD)
....acts do not call for interference. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 31,18 MLR (AD) (2013) 161. ..................Petitioner Vs. Bangladesh Chemical Industries Corporation and others………Respondents Judgment February 14, 2013. Result: The petition for leave to appeal is dismissed. Writ jurisdiction in case of contractual right Contractu...... his bid quoting a price of Taka 145.51 for each share, and the total price of 2,40,000 shares comes to a total Taka 3,49,22,400. The writ-petitioner submitted a pay order of Taka 8,00,000 as earnest money in favour of respondent No.1 and paid a non-refundable fee of Taka 5000 as costs of schedule o..Category: Others | Date: 14 Feb, 2013 | Hits: 10
Shamir Chandra Sajwal and others Vs. Government of Bangladesh, 2013, 42 CLC (HCD)
....water of the river Arial Kha, despite the same has already been reappeared long before. Being inspired by the said wrong record the Tahashilder of the defendant government of Bangladesh on 15-11-2005 claimed the suit disowning the right, title and interest of the plaintiffs. Hence the plaintiffs fil......nephew Chandra Kanta Sajwal. On the death of CS recorded tenant Goalak Bashi and Mohon Bashi their total shares devolved upon their nephews in absence of their sons and daughters in equal share. The aforesaid nephews are one Rajani Kanta and Jogendra Nath, who is the plaintiff No.5 of the suit; Duri......dispute has been settled in favour of different settlement holders and at present they have been able to find out the connected papers. The settlement cases have been taken up for collection of lease money and 46 holdings have been opened. Photocopies of the said holdings have been annexed as Annexu..Category: Procedural Law | Date: 13 Feb, 2013 | Hits: 8
Mohidul Islam (Ripon)(Md.) Vs. State and another, 2013, 42 CLC (HCD)
....ng evidence. The disputed facts are not supposed to be resolved in the present forum without taking aid of the evidence to be adduced by the parties before the trial Court. The Court cannot claim inherent jurisdiction to exercise powers taken away by legislation. During exercising jur......llip;……Opposite Parties Judgment January 17, 2013. Result: The Rule is discharged. Opportunity to prove the allegation by adducing evidence- There is scope for the accused-petitioner to explain about the matter and rectify the mistake in calculating assets......said properties along with other properties valued at Taka 50,34,900 in total Taka 1,05,92,294/40 was found to have been acquired beyond known sources of income. Identity of the properties along with money values has been shown in the FIR in support of such allegation. 4. Md. Abdul Baset,..Category: Anti-Corruption Laws, Criminal Law | Date: 17 Jan, 2013 | Hits: 3
Giasuddin-al-Mamun Vs. State and another, 2013, 42 CLC (HCD)
....warranted in law and disapproved by the Appellate Division. Accordingly, the application is rejected summarily. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 50. ......LD (AD), 196 = 46 DLR (AD) 174, Kalepada Shaha Vs. State, 37 DLR (AD) 135;Delowar Ali Khan Vs. Sajadul Hague, 38 DLR (AD) 52; Nil Ratan Sarker Vs. Lakshmi Narayan Ram, AIR 1965 (SC); Directorate of Enforcement Vs. Dipok Mahajon, (1994), 3(SCC) 440; State (Union of India) Vs. Ram Saran,(2003) 12 SCC ...... offence under section 2/4(2) of the Money Laundering Protirodh Ain, 2009. 35. In the first information report it has been alleged, inter alia, that accused Giasuddin-al-Mamun demanded money from one Begum Khadija Islam, Chairman of Nirman Construction, with assurance that an work ord..Category: Criminal Law | Date: 17 Jan, 2013 | Hits: 11
Shafiqul Alam (Md.) Vs. State, 2013, 42 CLC (HCD)
....inst another accused in accordance with law. Send a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 83 ......other order passed as to this Court may seem fit and proper. 2. At the time issuance of the Rule, all further proceedings of the above mentioned case in respect of accused-petitioner were stayed for a period of 6(six) months which has been subsequently extended from time to time. 3. R...... if he does not pay Taka 5 lakh in lieu of the property in question. The accused No.1 disclosed that the informant would not be able to recover his property, if he does not pay the demanded amount of money. With the aforesaid allegations, the FIR was lodged against the accused No.1 Md. Alam Khan and..Category: Criminal Law | Date: 10 Jan, 2013 | Hits: 4
Habibur Rahman @ Habu and others Vs. State, 2013, 42 CLC (AD)
....ed that opportunity, though he has the liberty to ask the appellate court to place him in the same position as he would have been in had he been asked, normally an accused does not make such claim. He is also entitled to ask the appellate court to take the explanation that he would have gi......is allowed. Framing of charge in a criminal trial The object of framing charge in a criminal trial is to enable the accused to have a clear idea of what he is being tried for and of the essential facts that he has to meet or in the alternative, to warn the accused of th...... of the charges and they be set at liberty if not wanted in connection with any other case. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 108; 18 BLC (AD) (2013) 218. ..Category: Procedural Law | Date: 9 Jan, 2013 | Hits: 10
Abul Khair Chandu Vs. State and another, 2013, 42 CLC (HCD)
.... all necessary. 17. Send a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 230 ......aside and /or pass such other order or orders as to this Court may seem fit and proper. 2. At the time of issuance of the Rule, all further proceedings of the above mentioned CR Case were stayed for a period of 3(three) months, which has been subsequently extended from time to time. 3. Rel......limited holder of the Islami Bank, Saidpur Branch. The informant Bank invested Taka 58, 84,355 in the dry fish business of the accused-petitioner in the form of loan on the assurance of refunding the money within one year. But he failed to repay the amount of loan. As such, the accused-petitioner is..Category: Banking Law, Criminal Law | Date: 7 Jan, 2013 | Hits: 2
Md. A.K. Azad Vs. Kaptex Limited and others, 2012, 41 CLC (AD)
....against the respondents seeking a direction upon the Registrar, Joint Stock Companies and Firms, Dhaka not to pass any document of the Company Kaptex Ltd. before disposal of the matter. 2. He claimed that the company was incorporated with the objects mentioned in the Articles of Association...... by Nurul Islam Bhuiyan, Advocate-on-Record- For the Petitioner. Mrs. Tania Amir, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record- For the Respondents. Civil Petition for Leave to Appeal No.2985 of 2012. (From the judgment and order dated 2.12.2012 passed by t......shall stand discharged from its liability" is hereby expunged. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 36. ..Category: Company Law | Date: 12 Dec, 2012 | Hits: 30
Nazrul Islam (Md.) Vs. State, 2012, 41 CLC (AD)
....ed as Druto Bichar Tribunal Case No.2 of 2003. 5. Charge was framed under section 302 of the Penal Code against the accused and read over and explained to him, to which he pleaded not guilty and claimed to be tried. During trial the prosecution examined as many as 9 (nine) P.Ws. who were cross-......t Judgment December 6, 2012. Result: The Jail Petition is dismissed. In general the length of period spent by a convict in the condemned cell is not necessarily a ground for commutation of the sentence of death. However, where the period spent in the condemned cell......transpires from the trend of cross-examination was that the accused was innocent. The informant, who was the stepsister of the deceased, had illicit connection with the accused, who used to send money to her from Saudi Arabia, and with the help of hired people she had the victim killed with an ..Category: Criminal Law, Procedural Law | Date: 6 Dec, 2012 | Hits: 6
Abdul Mannan Bhuiyan & others Vs. Md. Nasir Hossain, 2012, 41 CLC (AD)
....nstructed a boundary wall surrounding the 'ka' schedule land. After his purchase of the land of the suit plot in 1922, Alfat Bepari died leaving behind seven sons and two daughters as his heirs. They claimed title to the suit land whereupon the plaintiffs in order to make their right and title free ......rs Vs. Md. Nasir Hossain…………………………………………......Respondents Judgment December 2, 2012. Result: This civil petition for leave to appeal is dismissed. The SA and RS records are not an evidence of title and a r......facts do not call for interference by this Division. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 44. ..Category: Property Law | Date: 2 Dec, 2012 | Hits: 35
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