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....ax payer. Invoking and/or resorting to section 37 while issuing a notice under section 55(1) of the VAT Act therefore could not be said to have been issued bona fide for the simple reason that at the time of issue of the notice, the authority concerned had not yet arrived at as to any evasion of VAT......05 (Annexure-C) is hereby declared to have been issued without lawful authority and, as such, of no legal effect. Communicate at once.
Ed.
This Case is also Reported in:61 DLR (HCD) (2009) 734.
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Category: Fiscal/Taxation Law | Date: | Hits: 131
....iliate of Stevedoring Services of America, an USA-based Company, and without considering the applications of other applicants who applied for establishment of such container terminals at the relevant time and without inviting international tender to and that as per provisions of the Chittagong Port ......a copy of this judgment and order be sent to the Hon'ble Prime Minister for perusal and necessary action as per our observations made above.
Ed.
This Case is also Reported in:55 DLR (2003) 171.
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Category: Others | Date: | Hits: 113
BRAC vs. National Board of Revenue and another, 2008, 37 CLC (HCD)
....ized, and therefore, void. 10. She also submitted that the right to appeal is a creature of a stature and in order to exercise such right whatever procedure and condition that was available at the time would be available and enforceable to the appellant even after omission of such provision by su...... in this Rule but may be illuminating and reflective on the difference of remuneration in the public service and so-called charitable service, when is considered at the background of the national pay scale under which the Head of the Republic and Government received what salary and benefits of cours..Category: Fiscal/Taxation Law | Date: | Hits: 171
Md. Abul Basher Vs. The Judge, First Artha Rin Adalat, Chittagong and others, 2008, 37 CLC (HCD)
....he statute i.e. the Artha Rin Adalat Ain, 2003 about the fate of the execution case if it does not conclude within 90+60=150 days, the provision of section 37(1) of the Ain, 2003 so far it relates to timeframe for disposal of the execution case is directory and not at all mandatory.……………......to dispose of the Artha Rin Execution Case No.208 of 2004 expeditiously. Communicate the judgment to the Adalat concerned at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 208. ..Category: Civil Law | Date: | Hits: 136
Latif alias Md. Latif Miah and Rabiuzzal Hossain Vs. State, 2005, 34 CLC (HCD)
....appellants under section 398 of the Penal Code The accused were placed in trial being charged under section 398 of the Penal Code. The accused pleaded not guilty and claimed to be tried. 4. At the time of trial, the prosecution has presented as many as 5 witnesses in support of the prosecution ca...... of the Penal Code. Both the convict appellants are discharged from their bail bonds. Send down the lower Court's records at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 410. ..Category: Criminal Law | Date: | Hits: 86
.... service on 15.12.1961 and thereafter his service book was opened by the authority as an employee and his pay was fixed as per national pay scale introduced by the Government and he got increment and timescale from time to time. He also submits that another Regulator Khalashi Md. Abdus Sattar by the...... and submits that the plaintiff as Regulator Khalashi joined service on 15.12.1961 and thereafter his service book was opened by the authority as an employee and his pay was fixed as per national pay scale introduced by the Government and he got increment and timescale from time to time. He also sub..
Category: Employment/Service Law | Date: | Hits: 166
Abdul Mannan Mathbar Vs. Nazmul Hoque Majumder and others, 2009, 38 CLC (HCD)
....r has been enjoying the suit land by mutating his name and paying the rent to the government regularly. Whereas the defendants have no right, title and interest and possession in the suit land at any time and after purchase of the suit land the plaintiff made boundary of the suit land by thatched fe......rt at the time of issuance of the rule is hereby vacated. Lower Court's records be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 317. ..Category: Civil Law | Date: | Hits: 94
Mrs. Rokeya Begum Vs. Chartered Credit Cooperative Ltd., 2009, 38 CLC (HCD)
....tion 561A Quashment of proceedings Non disclosure of the date of receipt of notice under section 138 (1) (b) of the Negotiable Instruments Act is a question of fact which will be decided at the time of trial after taking evidence and thus non-disclosure of date of receipt of notice and consequ......itan Assistant Sessions Judge, 5th Court, Dhaka should not be quashed. 29. The order of stay granted earlier shall stands vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 274. ..Category: Criminal Law | Date: | Hits: 70
....াহা অব্যাহতভাবে চলিতে থাকিবে” used in this paragraph are very significant. Their Lordships stated about the drive that was going on at the relevant time but not about the action to be taken after completion of the survey. Therefore, the word “অ...... in the meantime, if so advised.
The applications for addition of party filed by the different applicants be kept with the record.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 257.
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Category: Environmental Law | Date: | Hits: 731
Sobhan Munshi Vs. State and another, 2010, 39 CLC (HCD)
....ion force, ambushed on the bank of the river "Padma" in village- Daodia and at about 2-30 A.M. having seen a Trawler coming by the side of the river from the east to west followed the same. After sometime when the Trawler stopped he saw a man boarding and then getting down from the Trawler and seein...... with this case shall be deducted from the period of his sentence as per provisions of Section 35A of the Code of Criminal Procedure. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 37. ..Category: Criminal Law | Date: | Hits: 81
State Vs. Delwar Hossain & others, 2011, 40 CLC (HCD)
....n be placed on such belated disclosure of the name of any accused. But there appears no such explanation from the side of prosecution. . . eye-witness claimed to have recognized some accused at the time of occurrence but if their names were not mentioned in the FIR, ultimately the Court will dis......ru, Lalu and Shafique be called for. Let a copy of this Judgment and Order be communicated to the Court below concerned at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 356. ..Category: Criminal Law | Date: | Hits: 158
Waseq Ullah & Others Vs. Rezia Khatun and Others, 2010, 39 CLC (HCD)
....83 of 1999 are dismissed. The First Appeal No.99 of 1999 is allowed. On adverse possession Adverse possession must be actual, visible, exclusive, hostile, notorious and confined during the time necessary to create a bar under a statute of limitations and it must be adequate in continuity,......No.510 in Title Suit No.50 of 1990 is set aside. Title Suit No.50 of 1990 is dismissed. Send down the lower Court records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 300. ..Category: Property Law | Date: | Hits: 83
Mohammad Ali Vs. Sukur Ali & others, 1985, 14 CLC (HCD)
....Criminal Procedure under which an application for revival of the case can be permitted to be filed. There is no power available to the High Court Division even to direct fresh or further trial if the time as stipulated under section 339C Cr.P.C. runs out. ……………………………(5) Some......ite of the provisions of section 339C Cr.P.C. With the observations as above, this Rule is discharged. Latifur Rahman J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 1. ..Category: Procedural Law | Date: | Hits: 102
Daud Ali (Md.) and others Vs. State, 2003, 32 CLC (HCD)
....ted on behalf of appellants. 19. Learned Assistant Attorney-General submits that accused Daud, being full brother of Jamir, had no reason or ground to remain absconding after occurrence for a long time if he knew himself to be unconcerned and unconnected with the offence alleged. He shows from th......appellants Daud Ali and Rabi Biswas are directed to be set at liberty if not connected with any other case. Record be sent down. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 699. ..Category: Criminal Law | Date: | Hits: 93
....VAT, National Board of Revenue) wrote to the VAT Commissioners and Customs Commissioners that the matter of VAT imposition was being re‑examined by the National Board of Revenue and that in the meantime pending bills of the PSI Agencies should be paid on condition that they would clear all VAT due......pay VAT, and the amount already deducted from their bills is liable to refund. We direct the parties to bear their respective costs.
Ed.
This Case is also Reported in: 55 DLR (HCD) (2003) 691.
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Category: Fiscal/Taxation Law | Date: | Hits: 119
Md. Farid Hossain Vs. State, 2007, 36 CLC (HCD)
.... The learned Judge should inform the higher authority of the Police Department about their failure to bring the prosecution witness before the Court for holding trial within the prescribed period of time. No process of the Court got any importance for execution by the Police so long……………......ccused appellant misuses the privilege of bail at any stage of the trial. Send a copy of the judgment to the Court below at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 152. ..Category: Criminal Law | Date: | Hits: 92
Md. Abdul Latif and others Vs. Mohammad Ali and others, 2008, 37 CLC (HCD)
.... upon her full sister, thereafter Sakhina died leaving her daughter, plaintiff No.2 and thereafter Ziaullah died leaving one son Ilyasuddin and one daughter Meherunnessa and Elimuddin during his life time settled .66 decimals of land from plot No.1 and 2 of Ka schedule and Kha schedule properties by......the Courts below stand maintained. Send down the lower Court records and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 132. ..Category: Procedural Law | Date: | Hits: 115
Zafar Ahmed Vs. Mir Iftekharuddin & another, 2009, 38 CLC (HCD)
.... When the accused petitioner was, examined under section 342 of the Code of Criminal Procedure, the accused-petitioner expressed a desire to adduce defence witnesses and took adjournment, but at that time it was not disclosed that stay of the proceeding was necessary till disposal of a Civil Suit. A......al Judge is directed to proceed with the case expeditiously. Send a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 732. ..Category: Procedural Law | Date: | Hits: 128
....Public Servants (Retirement) Act, 1974. Section 9(2) which runs thus:
"The Government may, if it considers it necessary in the public interest so to do, retire from service a public servant at any time after he has completed twenty-five years of service without assigning any reason."
So, from......writ petition is not maintainable.
In view of the discussions as made above, the Rule is discharged without any order as to cost.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 728.
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Category: Administrative Law | Date: | Hits: 494
Anwar Hossain (Md.) Vs. State, 2008, 37 CLC (HCD)
.... Thana and later on, he came to know that they were not the actual police and that he knows nothing more than this. 17. P.W. 6, Dr. Mizibul Haque, was RMO Shariatpur Sadar Hospital at the relevant time. He examined the victim on 15-10-1999 and found that the victim Raihana Khatun was raped. He al......anted in any other connection. Send down the lower Court records along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 671. ..Category: Criminal Law | Date: | Hits: 74
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