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Ahmad Ullah Vs. Md. Younus and Ors, 2016, 45 CLC (HCD)

....e of issuance of the Rule shall stand vacated. Let a copy of the judgment be sent to the court concerned. Ed.  This Case is also Reported in: 68 DLR (HCD) (2015) 228   ......en returned for want of funds in the account of the drawer. When the reason for return of the cheque has been mentioned as "refer to drawer" or insufficiency of fund, it is the primary duty of the drawer of the cheque to make payment of the money to the payee within 15 days from the r..

Category: Banking Law | Date: 29 Feb, 2016 | Hits: 23

Khulna Printing and Packaging Limited Vs. Government of the People's Republic of Bangladesh, 2016, 45 CLC (HCD)

....6615010629 12-7-2015 C 1159394 7-11-2015 Ed.  This Case is also Reported in: 68 DLR (HCD) (2016) 197   ......uot; (Underlines supplied) 10. Since the impugned order dated 26-8-2015 categorically states that because of the petitioner's non cooperation the inquiry committee could not perform its duty pursuant to the order of the NBR and the same allegation had been made before the Appellate Div..

Category: Fiscal/Taxation Law | Date: 27 Jan, 2016 | Hits: 0

Tariqul Islam Vs. Bangladesh and Others, 2016, 45 CLC (HCD)

....seven) days from the date of receipt of a copy of this judgment. There is, however, no order as to costs. Ed.  This Case is also Reported in: 68 DLR (HCD) (2016) 150   ......ities prejudicial to the sovereignty, integrity or security of Bangladesh; (b) that the applicant, in the opinion of the Government, is reasonable suspected of evading or attempting to evade the duty to render any service which, under any law, he is required to render in the public interest; ..

Category: Administrative Law | Date: 14 Jan, 2016 | Hits: 1

State Vs. Md. Golam Rabbani, 2016, 45 CLC (HCD)

....this judgment and order to the learned trial court concerned immediately for information and necessary action. Ed.  This Case is also Reported in: 68 DLR (HCD) (2016) 167   ......preponderance of the evidence that in the night of occurrence the couple i.e. the condemned-prisoner and his wife Shirina Khatun were together and residing in their dwelling-hut. Hence; the incumbent duty upon the purview of law; entirely lies upon the condemned-prisoner as to furnish satisfactory e..

Category: Evidence Law | Date: 6 Dec, 2015 | Hits: 6

Ali Ahsan Muhammad Mujahid Vs. The Government of Bangladesh, 2015, 44 CLC (HCD)

....has been affirmed by the Appellate judgment. We do not find any illegality in our Appellate judgment. Hence, the review petition is dismissed. Ed. This case is also Reported in: ......imes which under the petitioner’s leadership his Badr Bahini committed is a revolt against the humanity. As leader of Badr Bahini the petitioner cannot escape from the liability. It is the duty of the court to impose proper punishment depending upon the criminality and proportionate to th..

Category: International Crimes Tribunal Law | Date: 18 Nov, 2015 | Hits: 111

Nurun Nabir Sarker Vs. Secretary, Ministry of Education and Others, 2015, 44 CLC (HCD)

....gh Court Division, within 30 (thirty) working days of receiving copies of this judgment and order. Ed.  This Case is also Reported in: 68 DLR (HCD) (2016) 125     ......ndents to dispose of the application filed by the petitioner on 22-3-2015 is required to be declared to have been done without any lawful authority and is of no legal effect; that it is the statutory duty of the respondents to dispose of the application filed by the petitioner within a reasonable ti..

Category: Administrative Law, Employment/Service Law | Date: 10 Nov, 2015 | Hits: 0

City Vegetable Oil Mills Ltd Vs. Commissioner, Customs, Excise & Vat and Others, 2015, 44 CLC (HCD)

....ide Nathi No. 4/VAT/Oil(3)91/Part-1/00/833 dated 27-5-2004 informed the petitioner that as per report dated 26-5-2004 submitted by the Area VAT Officer of 'A' Circle, the petitioner had taken excess rebate' of Taka 22,40,978 in respect of a period from 2-9-2003 to 24-5-2004 on account of......hout any prejudice to the petitioners to take recourse to relevant provisions of law. Communicate this. Ed.  This Case is also Reported in: 68 DLR (HCD) (2016) 114   ..

Category: Fiscal/Taxation Law | Date: 30 Aug, 2015 | Hits: 5

Turfatur Ain Chowdhury Vs. Artha Rin Adalat Dhaka and Others, 2015, 44 CLC (HCD)

..... Office is directed to send a copy of this judgment to Artha Rin Adalat No.1, Dhaka (respondent No. 1) at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 81   ......ft by the said deceased on the strength of the 'Undertaking' and 'Promissory Note' and, in that event, as the legal heirs of the deceased, the writ petitioner and respondent No. 8 are duty bound to assist the Adalat by furnishing an inventory of the movable assets and a list of non-m..

Category: Constitutional Law, Procedural Law | Date: 25 Aug, 2015 | Hits: 4

Salauddin Qader Chowdhury Vs. Chief Prosecutor, International Crimes Tribunal, Dhaka, Bangladesh, 2015, 44 CLC (AD)

....onviction and sentences in respect of charge Nos. 2, 3, 4, 5, 6, 8, 17 and 18 are hereby main­tained. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 295     ....... In the affidavit filed by the defence allegedly sworn by Dr. AKM Shafiullah, it is stated that he was compelled to depose against Salauddin Qader Chowdhury by pressure; that he had no evening shift duty in September, 1971 at the hospi­tal and that he did not give any treatment to Sala­uddi..

Category: International Crimes Tribunal Law | Date: 29 Jul, 2015 | Hits: 38

Anwarul Islam (Md.) Vs. Bangladesh, represented by the Secretary, Ministry of Education and Others. 2015, 44 CLC (HCD)

....cept the apology made on behalf of the then Dhaka Board, Chairman and exempt her from imposing any fine. Ed.   This Case is also Reported in: 15 BLC (HCD) (2010) 349   ....... Anwarul Islam, 2) Md. Kabiruzzaman and 3) Md. Abdul Kader Mondol named in the letter dated 21-9-2014 (Annexure- D) and sent to the respon­dent No. 2 along with their CV. This was manda­tory duty of the respondent No. 2 to appoint any one of them as the president of the GB, vide reg­ula..

Category: Administrative Law | Date: 26 May, 2015 | Hits: 1

Bangladesh Legal Aid and Services Trust (BLAST) and others Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs, Dhaka and others, 2015, 44 CLC (AD)

....rising from sudden quarrels within a family, or between neighbors, involving the use of a firearm legitimately owned for no criminal or aggressive purpose) in which the death penalty would be plainly excessive and disproportionate. In a crime of this kind there may well be matters relating both to t......unjab, 2(SCC) (1980) 375, Matadeen Vs. Pointu 1(AC)(1999) 98 and some other cases. It has been held that where the offender is not a habitual criminal or a man of violence “then it would be the duty of the court to take into accounts his character and antecedents in order to come to a just and..

Category: Criminal Law, Women and Children | Date: 5 May, 2015 | Hits: 83

Bangladesh Legal Aid and Services Trust (BLAST) and others Vs. Shafiqul Islam & Others, 2015, 44 CLC (AD)

....from sudden quarrels  within a family, or between neighbours, involving the use of a firearm legitimately owned for no criminal or aggressive purpose) in which the death penalty would be plainly excessive and disproportionate. In a crime of this kind there may well be matters relating both to t......Punjab, (1980) 2 SCC 375, Matadeen Vs. Pointu (1999) 1 AC 98 and some other cases. It has been held that where the offender is not a habitual criminal or a man of violence “then it would be the duty of the Court to take into accounts his character and antecedents in order to come to a just and..

Category: Criminal Law, Women and Children | Date: 5 May, 2015 | Hits: 86

Rukunuddin Mollah (Md.) and others Vs. Artha Rin Adalat 2nd Court and others, 2015, 44 CLC (HCD)

....e Rule is hereby recalled and stand vacated. Communicate a copy of this Judgment and Order to the Court concerned at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 287. ......Khodaji Mansong, reported in AIR (1972) SC 1371 it has been held that; "It is true that an executing court cannot go behind the decree under execution. But that does not mean that it has no duty to find out the true effect of that decree. For constru­ing a decree it can and in appropri..

Category: Banking Law, Others | Date: 27 Apr, 2015 | Hits: 10

Anti-Corruption Commission Vs. A.A.M Habibur Rah¬man and anothers, 2015, 44 CLC (AD)

....264. In the cited case this Division observed that after completion of entire work of the project when the final bill would be submitted, the authority (1PSA) would be at liberty to adjust deduct any excess amount if paid to the respon­dent in making payment against running bills. Facts and circ......ed to proceed with the cases in accordance with law. Accordingly, all the petitions are disposed of. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 278     ..

Category: Anti-Corruption Laws, Criminal Law | Date: 12 Apr, 2015 | Hits: 8

Ananda Shipyard & Slipways Limited Vs. Commissioner Customs Bond Commissionerate, Dhaka, 2015, 44 CLC (HCD)

....shy;cate the matters in accordance with law. No cost. Communicate the judgment to respondent No. 1 at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 98   ......estroyed or taken as sample.— In respect of goods speci­fied hereunder the appropriate officer may demand and upon such demand the owner of such goods shall forthwith pay the full amount of duty chargeable on such goods together with all rent, penalties, interest and other charges payable ..

Category: Fiscal/Taxation Law | Date: 2 Apr, 2015 | Hits: 0

Hafizur Rahman Nafor Vs. Secretary, Ministry of Home Affairs and others, Secretary, Ministry of Home Affairs and others, 2015, 44 CLC (HCD)

....o. 8 cancelling the gun licence of the petitioner is declared to be without lawful authority and of no legal effect. Ed. This Case is also Reported in: 20 BLC (HCD) (2015) 279   ......1924] 1 KB 171) observed that the rules of natural justice applied to 'any body of per­sons having legal authority to determine ques­tions affecting the rights of subjects, and having the duty to act judicially'. The expression 'hav­ing the duty to act judicially' was use..

Category: Constitutional Law | Date: 2 Mar, 2015 | Hits: 23

Mosharaf Hossain (Md.) Vs. Bangladesh and others, 2015, 44 CLC (HCD)

....rt­gaged property, again in accordance with the pro­visions mentioned in sub-sections (1),(2), (2Ka), (2Kha), (2Ga), (3) and (4) of section 33. Sub-sec­tion (6), however, provides that if excess money is realized through such auction sale, the decree-holder will refund the same to the ju...... The Adalat below is directed to proceed with the execution of the decree in accordance with law. Communicate this at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 199 ..

Category: Administrative Law, Others | Date: 17 Feb, 2015 | Hits: 4

Islami Bank Bangladesh Limited, Head Office-40, Dilkusha C/A, Dhaka-1000 Vs. The Commissioner of Taxes, Audit Wing, Large Taxpayer’s Unit, Dhaka, 2015, 44 CLC (HCD)

....ppeals in part, but affirmed the order of the CTA as well as the DCT relating to disallowance of the assessee’s Zakat expenses under section 29 of the Ordinance and non-allowing depreciation in excess of original written down value. The assessee filed another appeal being Income Tax Appea...... Supreme Court of Bangladesh, is directed to take steps under section 161(2) of the Income Tax Ordinance, 1984. Md. Habibul Gani, J: I agree. Ed. This Case is also Reported in: ..

Category: Fiscal/Taxation Law | Date: 11 Jan, 2015 | Hits: 1

Islami Bank Bangladesh Limited Vs. Commissioner of Taxes, 2015, 44 CLC (HCD)

....ppeals in part, but affirmed the order of the CTA as well as the DCT relating to disallowance of the assessee’s Zakat expenses under section 29 of the Ordinance and non-allowing depreciation in excess of original written down value. The assessee filed another appeal being Income Tax Appea......Court of Bangladesh, is directed to take steps under section 161(2) of the Income Tax Ordinance, 1984. Md. Habibul Gani J.- I agree. This Case is also Reported in:     ..

Category: Fiscal/Taxation Law | Date: 11 Jan, 2015 | Hits: 58

Astech Limited, represented by its Managing Director Mr. Ali Ahmed, 175, Jubilee Road (1st floor), Chittagong, Bangladesh Vs. Commissioner of Taxes, 2014, 43 CLC (HCD)

.... as follows; Income Tax Rules 1984 Rule 65: Amount or rate for allowance of entertainment expense.— For the purpose of section 30(f) (i) of the Ordinance, the amounts or rates in excess of which no deduction shall be admissible for expenditure in respect of entertainment are spe......ed in negative and in favour of the Assessee-applicant. However, there shall be no order as to costs. Md. Emdadul Haque Azad J: I agree. Ed. This Case is also Reported in: ..

Category: Fiscal/Taxation Law | Date: 15 Dec, 2014 | Hits: 1