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Nur Jahan Akhtar Vs. Commissioner of Taxes, 2013, 42 CLC (HCD)
....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)
....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. ......under this section which means that an order made by the Administrator is liable to challenge before the District Judge and any order made by the District Judge is appealable to the High Court, whose decision will be the final………(11) It is a well-accepted principle of inter..Category: Trust/Waqf Law | Date: 29 Jul, 2013 | Hits: 5
Robi Axiata Ltd Vs. First Labour Court Dhaka and others, 2013, 42 CLC (HCD)
....of the evolution of that legal regime culminating in an extensive codification exercise with the Act emerging as the final product. 7. Both Mr. Mahmud and Mr. Azim are in agreement that the legislative moorings of the Act lay firmly embedded in the Employment of Labour (Standing Orde...... such grievance and the employer shall within fifteen days of receipt of such grievance, enquire into the matter, give the worker concerned an opportunity of being heard and communicate his decision, in writing, to the said worker; (b) if the employer fails to give a decision under cl..Category: Labour and Industrial Law | Date: 28 Jul, 2013 | Hits: 7
Category: Civil Law | Date: 28 Jul, 2013 | Hits: 169
Zahir Fakir (Md.) and oth¬ers Vs. Hahma Khatun and others, 2013, 42 CLC (HCD)
....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 ...... fill up the lacuna in pleadings and evidence on this count also the impugned judgment and decree of the Appellate Court suffers from serious miscarriage of justice which has resulted an error in the decision occasioning failure of justice. More so, by the impugned judgment the appellate court encou..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)
....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: ......2 and as such a annexation of the said judgment with the instant cases will suffice for the disposal of the instant cases on the doctrine of annexation of judgment which allowed this court to annex a decision taken earlier on a similar and identical point with a later case. As the legal point involv..Category: Fiscal/Taxation Law | Date: 25 Jul, 2013 | Hits: 121
Chow Wen Chang and others Vs. SF Winsome Fashion Ltd. and others, 2013, 42 CLC (HCD)
....The respondent No.3 is directed to pay cost of Taka 50,000 to petition No.1 and Taka 50,000 to petitioner No. 2 within 30 days. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 584. ......in the respondent No.1 company without any consideration value and, as such, the issuance of the shares in their favour is void and also against the laws of the land; and thirdly all acts and/or decisions taken by the illegal shareholders, i.e. the respondent Nos. 3 to 5, holding the purpo..Category: Company Law | Date: 24 Jul, 2013 | Hits: 10
Sarwar Hossain Moni (Md.) Vs. State and another, 2013, 42 CLC (AD)
....iewed in affirming the judgment and order passed by the High Court Division and accordingly, both these petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 283. ......he petitions, has canvassed that this Division while dismissing the leave petitions did not consider clause (c) of section 138(1) of the Act, 1881 with section 141 thereof to see the propriety of the decision of the High Court Division that though the cases were filed before the expiry of the statut..Category: Criminal Law | Date: 24 Jul, 2013 | Hits: 8
Ayurvedia Pharmacy (Dhaka) Ltd. Vs. Meher Banu Bibi and others, 2013, 42 CLC (AD)
....in which deserves our interference. In that view of the matter the petition for leave to appeal is hereby dismissed Ed. This Case is also Reported in: 21 BLT (AD) (2013) 229. ......ic Performance of Contract on the basis of unregistered deed of agreement and without payment of balance amount as required by law. So the court below and the High Court Division has taken a right decision which cannot be interfered with. 7. On such submission let us quote the provision lai..Category: Civil Law | Date: 7 Jul, 2013 | Hits: 13
Afazuddin Fakir (Md.) Vs. MH Rahman and others, 2013, 42 CLC (HCD)
....d with the Miscellaneous Case in accordance with law. Send down the lower Court records with copy of this judgment at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 581 ...... time of hearing of the Rule he also filed a supplementary affidavit in Court stating additional grounds. He also submitted that the Court below committed an error of law resulting in an error in the decision occasioning failure of justice in not considering that the pre-emption case does not come w..Category: Property Law | Date: 17 Jun, 2013 | Hits: 4
Golam Rasul Belal Vs. Habibullah Shakir and another, 2013, 42 CLC (AD)
....t, 1881, now pending in the Court of Metropolitan Magistrate, Dhaka shall proceed in accordance with law. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 58. ......ourse of post if that is done by properly addressing, pre-paying and posting by registered post. Reasons behind this presumption as embodied in law, are not opaque or absence to conceive. In the decision of the case of Nizamuddin Mahmood Vs. Abdul Hamid Bhuiyan reported in 60 DLR (AD) 195 at pa..Category: Criminal Law | Date: 11 Jun, 2013 | Hits: 10
Sahab Uddin (Md.) Vs. State and another, 2013, 42 CLC (HCD)
..................Respondents Judgment June 11, 2013. Result: The petition is dismissed. The Negotiable Instruments Act, 1881 (XXVI of 1881); sections 123A & 138 (1) The legislative mandate as used in clause (a) of sub-section (2) of section 123 A of the Act, 1881 that ......ce during the trial. In view of the above, we find no merits in the leave petition. Accordingly, the same is dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 86. ..Category: Civil Law | Date: 11 Jun, 2013 | Hits: 14
Grameen Telecom Vs. Commissioner of Taxes, 2013, 42 CLC (HCD)
....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: ...... Commissioner of Taxes, Taxes Appeal Zone-3, Dhaka’s order number 546/Coy-7/Taxes Zone-3/2003-2004 dated 28.12.2003 for 1999-2000 assessment year. Appellant has contested Appeal commissioner’s decision to throw out appellant’s appeal as out of time. Appellant has contested Appeal Commission..Category: Fiscal/Taxation Law | Date: 5 Jun, 2013 | Hits: 86
Bimol Rosario Vs. Barbara Rosario and others, 2013, 42 CLC (HCD)
....w are hereby maintained. Let a copy of this judgment along with the lower Court s record be sent down at once. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 122. ......inion does not. Thus Expert’s Opinion is not binding upon the Court. The Court itself can compare any signature or LTI of any concerned person under section 73 of the Evidence Act and come to a decision in accordance with law. In this case the trial Court as well as the Court of appeal be..Category: Civil Law, Evidence Law | Date: 22 May, 2013 | Hits: 3
Nazrul Islam (Md.) & others Vs. Mahfuzur Rahman and others, 2013, 42 CLC (HCD)
....order along with the lower Court s record be sent down to the concerned Court for information and necessary action. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 126. ...... were inducted into possession of the suit land is the subject matter of the amendment, so if the suit is remanded back that will serve the purpose of the ends of justice. Since I have taken the decision to sent the suit back on remand upon setting aside the impugned judgment and decree of..Category: Property Law | Date: 21 May, 2013 | Hits: 6
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 ......ring on behalf of the respondent Nos. 1 and 2 without filing any affidavit in opposition submits that the respondents did not refuse to pay the bill of the petitioner, the same is kept for review and decision, and that will be paid after completion of review. 7. We have considered the submissio..Category: Constitutional Law | Date: 16 May, 2013 | Hits: 4
ABSCO Limited Vs. Artha Rin Adalat No.2, Dhaka & another, 2013, 42 CLC (HCD)
....charged without any orders as to costs.' Communicate the judgment to the court concerned at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 9. ......e by the learned Advocates for the parties firstly, we are to see whether the court in passing the ex-parte decree exceeded its jurisdiction or acted contrary to the provisions of law and whether the decision of the court has vitiated by mala fide. Secondly, it is to be examined whether the petition..Category: Corporate Law, Others | Date: 15 May, 2013 | Hits: 8
Moklesuddin Ahmed and another Vs. Rezia Khatun and others, 2013, 42 CLC (HCD)
.... number. The office is directed to do the needful accordingly. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 209. ......powerless to give the substantive justice. The facts of the case as narrated in AIR 1965 (Madhya Pradesh) 21 and the facts of the instant case seems to us are similar. However, on discussions of that decision there are so many cases which are distinguished from the present case. On perusal of anothe..Category: Constitutional Law | Date: 5 May, 2013 | Hits: 4
Hasan Chowdhury (Md.) Vs. Bangladesh Bank and others, 2013, 42 CLC (HCD)
....nd also to communicate the compliance of our direction to the Registrar of the Supreme Court without any fail. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 533. ......din Mahmud the learned Senior Advocate appearing with Mr. Mizan Sayed, the learned Advocate for the petitioner also candidly submits that it is within the absolute domain of Bangladesh Bank to give a decision in a situation like this. However, Mr. Mahmud emphasizes whatever decision that Bangla..Category: Banking Law | Date: 2 May, 2013 | Hits: 3
Sheikh Shahadat Hossain (Md.) Vs. National Board of Revenue, and others, 2013, 42 CLC (HCD)
....vision in view of sub-section (3) of Section 196G of the said Act. Send down the record of the lower authority. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 522 ......e said Act read with Rule 23 of the Pre Shipment Inspection Rules, 2002 for release of the said bank guarantee. The Review Committee then, upon hearing the parties, rejected the said Complaint by its decision as communicated vide Nathi No. 5-Cus/8/(115) Pre-Ship/Review/2007/1503(6) dated 26-6-2007. ..Category: Fiscal/Taxation Law | Date: 25 Apr, 2013 | Hits: 2