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Chittagong Dry Dock Ltd. Vs. Commissioner of Taxes, 2012, 41 CLC (HCD)

....dit. The assessee submitted its income tax return for the assess­ment year 2003-2004 before the Deputy Commissioner of Taxes, Companies Circle-12, Taxes Zone-3, Chittagong (shortly, the DCT) showing total net income at Taka 49,87,267. The DCT based on the draft accounts, issued notice under section......ervations made in the body of the Judgment. The Registrar is to take steps under section 161(2) of the Income Tax Ordinance, 1984. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 412. ......ervations made in the body of the Judgment. The Registrar is to take steps under section 161(2) of the Income Tax Ordinance, 1984. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 412. ..

Category: Fiscal/Taxation Law | Date: | Hits: 107

Ful Mia Vs. State, 2004, 33 CLC (HCD)

....un concurrently. 31. Send down the lower Court's records at once with a copy of the judgment for information and necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 31. ......vidence of police personnel When there is consistent and uniform evidence of the police personnel in respect of recovery of the arms from the exclusive control and possession of the accused and in absence of evidence of personal enmity with the police personnel and the witnesses the evidence of p......un concurrently. 31. Send down the lower Court's records at once with a copy of the judgment for information and necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 31. ..

Category: Criminal Law | Date: | Hits: 79

Nazrul Islam (Md.) Vs. Bangladesh and others, 2007, 36 CLC (HCD)

....nst the acquisition itself, those objections were heard in presence of the objectors and representative of the requiring body and decision was taken for reduction of land from the proceedings. Hence, total land stood for acquisition was 7.7475 acres and accordingly, proposal was sent under section 5......er's property is declared to have been made without any lawful authority and is of no legal effect. Communicate the order at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 39. ......er's property is declared to have been made without any lawful authority and is of no legal effect. Communicate the order at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 39. ..

Category: Property Law | Date: | Hits: 62

Abul Hasnat Bepari Vs. Md. Hasan Ali, 1987, 16 CLC (HCD)

....ings in C.R. Case No.121 of 1985 now pending in the Court of Upazila Magistrate, Taherpur is quashed. Qazi Shafiuddin J. - I agree. Ed. This Case is also Reported in:39 DLR (HCD) (1987) 375. ......ings in C.R. Case No.121 of 1985 now pending in the Court of Upazila Magistrate, Taherpur is quashed. Qazi Shafiuddin J. - I agree. Ed. This Case is also Reported in:39 DLR (HCD) (1987) 375. ......ings in C.R. Case No.121 of 1985 now pending in the Court of Upazila Magistrate, Taherpur is quashed. Qazi Shafiuddin J. - I agree. Ed. This Case is also Reported in:39 DLR (HCD) (1987) 375. ..

Category: Civil Law | Date: | Hits: 144

Dr. M. Rafiquzzaman Vs. Bangladesh Shilpa Bank, 2006, 35 CLC (HCD)

....k any adjournment. The order of stay is vacated and the connected civil rule is discharged. Let the L.C.R be sent down at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 18. ......k any adjournment. The order of stay is vacated and the connected civil rule is discharged. Let the L.C.R be sent down at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 18. ......nd proceeded with the Misc. Case. The appellant appeared in this case and filed written objection and contested the same. Then on 8.7.1990 the Artha Rin Adalat found that the misc. case is beyond his jurisdiction. So he sent the Misc. Case to the learned District Judge trial. The learned District Ju..

Category: Civil Law | Date: | Hits: 127

Rajdhani Unnayan Kartipakha (RAJUK) Vs. Eunus Ali & others, 2012, 41 CLC (AD)

....ha further sold 13½ decimals of land to plaintiff No.1 from the said plot No.77 by a registered deed of sale dated 8-12-1956 and in this way, plaintiff No.1 acquired title to 1.18½ acres of land in total. Ojir Bibi, the other daughter of Niamat Ali Kha, died leaving behind a son, namely, Kasim Udd......ined in Title Suit No.464 of 1985 was a nullity and consequently, the impugned judgment is set-aside without any order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 1. ......ined in Title Suit No.464 of 1985 was a nullity and consequently, the impugned judgment is set-aside without any order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 1. ..

Category: Property Law | Date: | Hits: 104

Md. Liton Bhuiyan @ Md. Liton Mia Vs. State, 2008, 37 CLC (HCD)

..... In the result, the Rule is discharged. Order of stay granted by this Court stands vacated. Communicate the order at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 323. ....... In the result, the Rule is discharged. Order of stay granted by this Court stands vacated. Communicate the order at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 323. ....... In the result, the Rule is discharged. Order of stay granted by this Court stands vacated. Communicate the order at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 323. ..

Category: Criminal Law | Date: | Hits: 90

Rashida Mahabub Vs. IFIC Bank & others, 2007, 36 CLC (HCD)

....e suit, transferred all of his wealth in the name of his wife and children so that when his business comes to a standstill because of default in repaying the loan money to the Bank, he can escape his total business/loan liability; that for that purpose his properties are kept in custody of his wife;......ith the execution case in accordance with law. The order of stay stands vacated. Communicate the Judgment to the Adalat at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 78. ......ner purchased the flats with her own money or it was purchased with the money of her husband, the Judgment-debtor to avoid loan liability, being dis­puted questions of fact cannot be decided in Writ jurisdiction and so, the writ petition is not maintainable. (4) The Adalat did not amend the decr..

Category: Civil Law | Date: | Hits: 136

Haji Mohammad Salim Ullah Vs. State and another, 2009, 38 CLC (HCD)

....nal Procedure. The Rule thus fails. In the result, the rule is discharged. The order of stay granted earlier shall stands vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 416. ......nal Procedure. The Rule thus fails. In the result, the rule is discharged. The order of stay granted earlier shall stands vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 416. ......nal Procedure. The Rule thus fails. In the result, the rule is discharged. The order of stay granted earlier shall stands vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 416. ..

Category: Criminal Law | Date: | Hits: 107

Hotel Zakaria International (Pvt.) Ltd. Vs. National Board of Revenue (NBR) and others, 2010, 39 CLC (HCD)

....However, the petitioner will be at liberty to give reply under section 55 of VAT Act as per notice dated 15th July, 2007(Annexure-B). Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 388. ......However, the petitioner will be at liberty to give reply under section 55 of VAT Act as per notice dated 15th July, 2007(Annexure-B). Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 388. ......However, the petitioner will be at liberty to give reply under section 55 of VAT Act as per notice dated 15th July, 2007(Annexure-B). Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 388. ..

Category: Fiscal/Taxation Law | Date: | Hits: 107

Saleha Khatoon @ Saleha Begum Vs. Abdur Rahman Kha, 2009, 38 CLC (HCD)

....ecuniary or territorial jurisdiction, then that judgment will not by a nullity. But when a case is tried by a court having no territorial or pecuniary jurisdiction then it can be said to be a case of total lack of inherent jurisdiction and the judgment will be a nullity…………………………......fiuddin son of late Md. Asuruddin reported in 10 BLT (AD) page 50 wherein it was held that:- "it is by now well settled that consent or waiver cannot give jurisdiction where there is inherent lack or absence of it and in that case the order is a nullity". 14. Thus from the aforesaid decisions it ......solute. No appeal lies from any order or decree passed in any suit instituted under section 9 of the Specific Relief Act, 1877 and the only remedy lies against such decree/order is the revisional jurisdiction of the High Court Division under Section 115(1) of the Code of Civil Procedure………..

Category: Civil Law | Date: | Hits: 114

Pran Gopal Saha and others Vs. Rafique Uddin Ahmed being dead his heirs 1(Ka) Fatema Begum and others, 2010, 39 CLC (HCD)

....ncy of the suit and the order of ad-interim injunction in as much as according to the appellate Court he will rise and fall with the result of the suit. 18. It appears, the learned appellate Court totally failed to apply the correct provision of law as has been provided under Section 27 of the Sp...... appeal setting aside the judgment and decree passed by the learned trial Court. The learned Advocate further submitted that the finding of fact being based on materials on record is final and in the absence of any misreading or non consideration of the materials evidence on record, there is little ......ined. The order of stay granted at the time of issuance of the rule is hereby vacated. Send down the L.C. Records immediately. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 444. ..

Category: Civil Law | Date: | Hits: 103

Sharmin Akhter Vs. Major (Rtd.) Mahbub Akbar Bhuyian, 2012, 41 CLC (HCD)

....e the operative portion of the impugned order will remain unchanged and will take effect from the next date of hearing of the appeal, if it is still pending. Ed. This Case is also Reported in: ......e the operative portion of the impugned order will remain unchanged and will take effect from the next date of hearing of the appeal, if it is still pending. Ed. This Case is also Reported in: ......e the operative portion of the impugned order will remain unchanged and will take effect from the next date of hearing of the appeal, if it is still pending. Ed. This Case is also Reported in: ..

Category: Family Law | Date: | Hits: 117

Nirmal Chandra Halder Vs. Hasina Begum and others, 2012, 41 CLC (HCD)

....rt considers that further evidence is required to be adduced, it is at liberty to give the parties such opportunity. Send down the lower Court’s records. Ed. This Case is also Reported in: ......rt considers that further evidence is required to be adduced, it is at liberty to give the parties such opportunity. Send down the lower Court’s records. Ed. This Case is also Reported in: ......rt considers that further evidence is required to be adduced, it is at liberty to give the parties such opportunity. Send down the lower Court’s records. Ed. This Case is also Reported in: ..

Category: Civil Law | Date: | Hits: 73

M. A. Jaher and others Vs. Sonali Bank and others, 2007, 36 CLC (HCD)

.... surrender before the Artha Rin Adalat concerned within 30 days from the date of receipt of the copy of this judgment by that Adalat. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 283. ...... surrender before the Artha Rin Adalat concerned within 30 days from the date of receipt of the copy of this judgment by that Adalat. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 283. ...... surrender before the Artha Rin Adalat concerned within 30 days from the date of receipt of the copy of this judgment by that Adalat. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 283. ..

Category: Civil Law | Date: | Hits: 69

Md. Khalilur Rahman Vs. Md. Alam Bepari & others, 2007, 36 CLC (HCD)

....rgent reasons. The office is directed to send a copy of this order to the Tribunal positively within a period of 30 days from date. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 36. ......rgent reasons. The office is directed to send a copy of this order to the Tribunal positively within a period of 30 days from date. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 36. ......rgent reasons. The office is directed to send a copy of this order to the Tribunal positively within a period of 30 days from date. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 36. ..

Category: Election Law | Date: | Hits: 509

Abdul Matin Vs. Government of the People's Republic of Bangladesh, 2007, 36 CLC (HCD)

....Court of First Instance approached contro­versy in right and proper direction and came to a correct decision in recording rejection of plaint. But the learned Joint District Judge as Appellate Judge totally misdirected his approach in resolving the war of words and committed a substantial error in ......act and circumstances of the case, I direct the parties to bear their respective costs. Lower Courts Records are sent down at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 30. ......a declaration that alleged lease of suit land by Abdur Razzak from Maharaja of Tripura by an unilateral patta executed on 9-4-1951 and registered on 12-4-1951 is illegal, malafide, collusive, without jurisdiction, void and is of no legal effect and right, title and interest of plaintiff on suit land..

Category: Property Law | Date: | Hits: 69

Md. Raushan Alam Vs. Mst. Zahura Khatun, 2012, 41 CLC (HCD)

....e interim order of stay granted earlier is vacated. The trial Court is directed to dispose of the suit expeditiously. Communicate a copy of the judgment. Ed. This Case is also Reported in: ......t is called on for hearing, but no one appears. It is an old matter pending for nearly 17 years and proceedings of a suit has been stayed, in view of which the matter is taken up for disposal even in absence of the parties. 3. Facts relevant for disposal of the Rule as it appears from the record,......e interim order of stay granted earlier is vacated. The trial Court is directed to dispose of the suit expeditiously. Communicate a copy of the judgment. Ed. This Case is also Reported in: ..

Category: Procedural Law | Date: | Hits: 105

Ittefaq Group of Publications Limited and others Vs. Arab Bangladesh Bank Limited and others, 1998, 27 CLC (HCD)

....nd the publication of the newspaper the daily Ittefaq the parties in litigation may act in pursuance to resolution dated 30‑9‑90. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 597. ......of the company’s bank Accounts including borrowing, adjustment of accounts, etc. with Arab Bangladesh Bank Limited be operated henceforth jointly by Mr. Anwar Hossain and Mr. Mohibul Ahsan in their absence by such Directors to be nominated by them. 3. Resolved further that all matters relating ......nd the publication of the newspaper the daily Ittefaq the parties in litigation may act in pursuance to resolution dated 30‑9‑90. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 597. ..

Category: Company Law | Date: | Hits: 127

Jalaluddin @ Badsha Vs. State, 1986, 15 CLC (HCD)

.... Penal Code and that the learned Assis­tant Sessions Judge gave a wrong finding about his guilt without considering at all that the ingredients of an offence under section 493 of the Penal Code were totally absent. 6. Mr. Jamiruddin Sircar, the learned Ad­vocate for the appellant submitted that...... of the charge. The appellant shall be set at liberty forthwith if not wanted in any other connection. Latifur Rahman J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 119. ...... of the charge. The appellant shall be set at liberty forthwith if not wanted in any other connection. Latifur Rahman J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 119. ..

Category: Family Law | Date: | Hits: 108