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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: ......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: ......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: ......r instance: When the murder is committed in an extremely brutal, grotesque, diabolical, revolving or dastardly manner so as to arouse intense and extreme indignation of the community.” 19. Krishna Iyer, J in Shive Mohan Singh (AIR 1977 SC 949) quoted following passage: “-------..

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

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

....(ii) of the Act. "On 13th April, 1971 around 9-00 am to 10-00am accused Salauddin Qader Chowdhury led the Pakistani Army to Kundeshwari Owsadalay of Gohira and entered into the household of Sree Nuton Chandra Singha who was performing his prayer at that time in the temple, a Hindu religiou......(ii) of the Act. "On 13th April, 1971 around 9-00 am to 10-00am accused Salauddin Qader Chowdhury led the Pakistani Army to Kundeshwari Owsadalay of Gohira and entered into the household of Sree Nuton Chandra Singha who was performing his prayer at that time in the temple, a Hindu religiou...... apprehension that the army might attack the University Campus and took shelter at Kundeshwari Complex. On 2nd April, they took shelter at Hathajari, Katherhat village and on 10th April, they went to Ramgarh and took shelter at Ramgarh police station. He further stated that at some time in 20th Apri......arkar (P.W. 18). In support of charge No.4 it has examined Serajul Islam @ Seru Bangalee (P.W. 3), Arunangshu Bimal Chowdhury (P.W.12), Ashish Chowdhury (P.W.13), Gopal Chandra Das (P.W.14) and Dijoy Krishna Chow­dhury (P.W.34). In support of charge No.5 it has examined Serajul Islam @ Seru Bang..

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

Hasina Ahmed Vs. State, 2015, 44 CLC (HCD)

....ry of Salauddin Ahmed whichever is earlier. In the light of the discussions made hereinbe­fore, the Rule is discharged. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 343 ......ry of Salauddin Ahmed whichever is earlier. In the light of the discussions made hereinbe­fore, the Rule is discharged. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 343 ......red to- Mirza Vs. Government of the Peoples Republic of Bangladesh, 31 DLR (AD) 1; Basanta Chandra Ghose Vs.Emperor, AIR 1945 FC 18; Narayan Singh Nathuram Vs. State of Punjab AIR 1952 (SC) 106; Ram Narayan Singh Vs. State of Delhi, AIR 1952 (SC) 277 ; Sharafuddin Ahmed Vs. Secretary, Ministry ......ry of Salauddin Ahmed whichever is earlier. In the light of the discussions made hereinbe­fore, the Rule is discharged. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 343 ..

Category: Criminal Law, Procedural Law | Date: 20 Apr, 2015 | Hits: 2

Muhammad Kamaruzzaman Vs. The Government of Bangladesh, 2015, 44 CLC (AD)

...., quite candidly submitted that he is aware of the limitations that a review petition faces. Resultantly, the instant review petition is dismissed. Ed. This Case is also Reported in: ......, quite candidly submitted that he is aware of the limitations that a review petition faces. Resultantly, the instant review petition is dismissed. Ed. This Case is also Reported in: ......, quite candidly submitted that he is aware of the limitations that a review petition faces. Resultantly, the instant review petition is dismissed. Ed. This Case is also Reported in: ...... Vs. Prakash Jadav, 2006 CrLJ 3393 (3409) (BD); Mohammad Ajmal Amir Kasab Vs. State of Moharastra, Criminal Appeal No.1899–1900 of 2011; Mahesh Vs. State of MP (AIR 1987 SC 1346); Karnataka Vs. Krishna alias Raju (1987 1 SCC 538); Satwant Singh Vs. State of Punjab, (AIR 1960 SC 266); Adamji Um..

Category: Criminal Law, International Crimes Tribunal Law | Date: 5 Apr, 2015 | Hits: 60

Asek Elahi Vs. Jalal Ahmedand others, 2012, 41 CLC (AD)

....nha, J and Md. Abdul Wahhab Miah, J I agree with the reasoning and findings given by my learned brother, Md. Abdul Wahhab Miah, J. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 5. ......nha, J and Md. Abdul Wahhab Miah, J I agree with the reasoning and findings given by my learned brother, Md. Abdul Wahhab Miah, J. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 5. ......Khaleque Sarnamat Vs. Abdul Khaleque Sarnamat, 16 BLD (AD) 210 = 1 BLC (AD) 90; Bangladesh Vs. Haji Abdul Gani, 32 DLR (AD) 233; Asmat Ali Vs. Abdul Rafique Mridha, 20 BLD (AD) 197 = 52 DLR (AD) 132; Rama Devi Vs. Dilip Singh. (2008) 7 SCC 105; Ganu Mia Vs. Abdul Jabbar, 10 DLR 636; Manjabai Krishna....... Haji Abdul Gani, 32 DLR (AD) 233; Asmat Ali Vs. Abdul Rafique Mridha, 20 BLD (AD) 197 = 52 DLR (AD) 132; Rama Devi Vs. Dilip Singh. (2008) 7 SCC 105; Ganu Mia Vs. Abdul Jabbar, 10 DLR 636; Manjabai Krishna Patil (dead) by LRS Vs. Raghunath Revaji Patil (2007) 12 SCC, 427; Rama Devi Vs. Dilip Singh..

Category: Property Law | Date: 14 Mar, 2015 | Hits: 45

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   ......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   ......Minister for the Civil Service [1984] 3 All ER 935; Swadeshi Cotton Mills Vs. India, AIR 1981 SC 818; Chingleput Bottlers Vs. Majestic Bottlers, AIR 1984 SC 1030; Gonzalez Vs. Freeman, 334 F. 2d 570; Ram Chandra Vs. Secretary to the Government of WB, AIR 1964 Cat 265; Punjab Vs. Khanna, AIR 2001 SC ......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   ..

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

Shamvunath Karmaker and another Vs. State and another, 2015, 44 CLC (HCD)

....of 2012. Judgment Md. Moinul Islam Chowdhury J.— This Rule was issued on an application under section 561A of the Code of Criminal Procedure at the instance of the accused-petitioner, Sree Shamvunath Karmaker and another calling upon the opposite parties to show cause as to why the p......of 2012. Judgment Md. Moinul Islam Chowdhury J.— This Rule was issued on an application under section 561A of the Code of Criminal Procedure at the instance of the accused-petitioner, Sree Shamvunath Karmaker and another calling upon the opposite parties to show cause as to why the p......by recalled and vacated. The office is directed to communicate the judgment and order to the persons concerned immediately. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 320 ......by recalled and vacated. The office is directed to communicate the judgment and order to the persons concerned immediately. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 320 ..

Category: Anti-Corruption Laws, Procedural Law | Date: 10 Feb, 2015 | Hits: 4

Shariful Alam (Babu) (Md.) Vs. State and another, 2014, 43 CLC (HCD)

.... Kabir Ahmed Sawdagar Vs. Md. Syed Saifuddin Jaheed 58 DLR 277; Seth Shivrattan Vs. Messrs Mohammadi Steamship 17 DLR (SC) 487; Darajuddin Kazi Vs. Hafezuddin Kazi, 18 DLR 481; Kohinoor Chowdhury Vs. Sree Kamada Ranjan Bhattacharjee, 2XP (AD) 36; State Vs. Robin 66 DLR (AD) 272. Lawyers Involve...... Kabir Ahmed Sawdagar Vs. Md. Syed Saifuddin Jaheed 58 DLR 277; Seth Shivrattan Vs. Messrs Mohammadi Steamship 17 DLR (SC) 487; Darajuddin Kazi Vs. Hafezuddin Kazi, 18 DLR 481; Kohinoor Chowdhury Vs. Sree Kamada Ranjan Bhattacharjee, 2XP (AD) 36; State Vs. Robin 66 DLR (AD) 272. Lawyers Involve......sfaction of the trial Court till conclusion of the trial. Let a copy of this order be sent to the Court concerned with LCR. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 182 ......sfaction of the trial Court till conclusion of the trial. Let a copy of this order be sent to the Court concerned with LCR. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 182 ..

Category: Criminal Law | Date: 2 Dec, 2014 | Hits: 9

Onil Kuar Podder and others Vs. Mostafa Unuch, 2014, 43 CLC (HCD)

....aside. Pre-emption Title Suit No. 47 of 2007 is dis­missed. Send down the lower court records at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 302   ......aside. Pre-emption Title Suit No. 47 of 2007 is dis­missed. Send down the lower court records at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 302   ......nt could not invoke the pro­vision of Muhammadan Law their purchase cannot be defeated by taking shelter of Muhammadan Law…(28 & 29) Case Referred to- Maslik Hussain Vs. Lala Ram Chand, 22 DLR (SC) 275; Ramrutun Singh Vs. Chunder Naraen Rai (1) (ISDA Rcp.1); Zamir Husain Vs.......aside. Pre-emption Title Suit No. 47 of 2007 is dis­missed. Send down the lower court records at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 302   ..

Category: Property Law | Date: 15 Sep, 2014 | Hits: 8

Government of Bangladesh, represented by the Secretary, Ministry of Land and others Vs. Sharifun Nessa and others, 2014, 43 CLC (AD)

....sentatives, as the case may be, within 6(six) months from the date of receipt of a copy of the judgment. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 274.     ......sentatives, as the case may be, within 6(six) months from the date of receipt of a copy of the judgment. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 274.     ......sentatives, as the case may be, within 6(six) months from the date of receipt of a copy of the judgment. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 274.     ......sentatives, as the case may be, within 6(six) months from the date of receipt of a copy of the judgment. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 274.     ..

Category: Property Law | Date: 9 Sep, 2014 | Hits: 21

Khandker Abul Hashem Vs. The Commissioner of Taxes, 2014, 43 CLC (HCD)

....e Court of Bangladesh 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: ......e Court of Bangladesh 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: ......uty Commissioner of Taxes, Kar Adalat, Vol.16 (2007) 20; Inspecting Assistant Commissioner of Income Tax Vs. VIP Industries Ltd., 191 ITR (Sc) 661; China Subbarayudu Vs. C.I.T, 172 ITR (AP) 278; Babu Ram Nagar Mal Vs. ITO, 222 ITR (P & H) 450; Raymond Woolen Mills Ltd. Vs. ITO, 207 ITR (Bom) 929......e Court of Bangladesh 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: 9 Jun, 2014 | Hits: 3

Khandker Abul Hashem Vs. Commissioner of Taxes, 2014, 43 CLC (HCD)

....angladesh 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:   ......angladesh 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:   ......uty Commissioner of Taxes, Kar Adalat, Vol.16 (2007) 20; Inspecting Assistant Commissioner of Income Tax Vs. VIP Industries Ltd., 191 ITR (Sc) 661; China Subbarayudu Vs. C.I.T, 172 ITR (AP) 278; Babu Ram Nagar Mal Vs. ITO, 222 ITR (P & H) 450; Raymond Woolen Mills Ltd. Vs. ITO, 207 ITR (Bom) 929......angladesh 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: 9 Jun, 2014 | Hits: 5

ECOM Agroindustrial Corporation Ltd. & another Vs. Mosharaf Composite Textile Mills Ltd, 2014, 43 CLC (HCD)

....hrough arbitration expeditiously. The order of injunction granted earlier by the trial Court is hereby vacated. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 330   ......hrough arbitration expeditiously. The order of injunction granted earlier by the trial Court is hereby vacated. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 330   ......DB); Jagatheesan Vs. Veerammal MLJ (1980) (3 (Mad) 802; Firm Harjas Rai Vs. Tek Chand, 101 1C 786, AIR (Lah) 465; Lewis W. Fernandes Vs. Jivtalal, 291C 568; Jai Narain Vs. Narain Das, 69 1C 583; Gopi RamVs.Pokhar Das, 154 1C 7; Gopi Ram Vs. Pokhar Das, 1541C 7;Gul Mohammed Vs. Fata Bibi, AIR 1956 J ......hrough arbitration expeditiously. The order of injunction granted earlier by the trial Court is hereby vacated. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 330   ..

Category: Arbitration Law, Civil Law, Procedural Law | Date: 28 May, 2014 | Hits: 7

State and another Vs. Abdul Kader @ Mobile Kader and others, 2014, 43 CLC (AD)

....The deceased had strong rivalry with Abdul Quader @ Mobile Quader (hereinafter referred to as Mobile Quader) and his younger brother Lawrence over Mamar Bazar at village-Dugachhi under Police Station-Sreenagor, a neighbouring Police Station of their own area (আমাদের নিজ এলা......The deceased had strong rivalry with Abdul Quader @ Mobile Quader (hereinafter referred to as Mobile Quader) and his younger brother Lawrence over Mamar Bazar at village-Dugachhi under Police Station-Sreenagor, a neighbouring Police Station of their own area (আমাদের নিজ এলা......CR 378; Kehar Singh Vs. State, AIR 1988 SC 1383; State of Gujarat Vs. Mohammed Atik, AIR 1998 SC 1686; State of Tamil Nadu Vs. Nalini, AIR 1999 SC 2640; Mohd. Khalid Vs. State of WB (2002) 7 SCC 334; Ram Narayan Popli Vs. CB1, (2003) 3 SCC 641 (AIR 2003 SC 2748); State Vs. Navjot Sandhu, (2005) 11 S...... under sections 302/120B of the Penal Code and he be released from Jail at once, if not wanted, in connection with any other case. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 6. ..

Category: Criminal Law | Date: 14 May, 2014 | Hits: 16

Ayub Hossain Khan (Md.) Vs. Bangladesh and others, 2014, 43 CLC (AD)

....the learned Advocate and his client resorted to clear fraud upon the Court for which they deserve to be reprimanded. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 215.   ......the learned Advocate and his client resorted to clear fraud upon the Court for which they deserve to be reprimanded. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 215.   ......tion, 1951 AC 837; Western Fish Products Vs. Penrith DC, 981 2 All ER 204; R. Reprotech (Pebsham) Ltd. Vs. East Sussex CC 2003 1 WLR; Supreme Court in MP Sugar Mills Ltd. Vs. UP, AIR 1979 SC 621; Jit Ram Vs. Hariyana AIR 1980 SC 1285; Godfrey Philips, AIR 1986 SC 806; India in Kasinka Trading Vs. Un......the learned Advocate and his client resorted to clear fraud upon the Court for which they deserve to be reprimanded. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 215.   ..

Category: Civil Law, Property Law | Date: 4 May, 2014 | Hits: 20

Parul Nath and others Vs. State, 2014, 43 CLC (AD)

.... 2. Facts giving rise to this petition are that on 11-8-2004, the District Task Force, Chittagong, on a secret information, raided the Jewellery shop known as "Nath Jewellers" owned by Sree Ram Krishna Nath alias Ram Babu (the deceased husband and father respectively of the present pe...... 2. Facts giving rise to this petition are that on 11-8-2004, the District Task Force, Chittagong, on a secret information, raided the Jewellery shop known as "Nath Jewellers" owned by Sree Ram Krishna Nath alias Ram Babu (the deceased husband and father respectively of the present pe...... 2. Facts giving rise to this petition are that on 11-8-2004, the District Task Force, Chittagong, on a secret information, raided the Jewellery shop known as "Nath Jewellers" owned by Sree Ram Krishna Nath alias Ram Babu (the deceased husband and father respectively of the present petitio......Facts giving rise to this petition are that on 11-8-2004, the District Task Force, Chittagong, on a secret information, raided the Jewellery shop known as "Nath Jewellers" owned by Sree Ram Krishna Nath alias Ram Babu (the deceased husband and father respectively of the present petitioners..

Category: Criminal Law, Property Law | Date: 27 Apr, 2014 | Hits: 8

Abdul Quader Mollah Vs. Chief Prosecutor, International Crimes, Tribunal, Dhaka, 2013, 42 CLC (AD)

.... For the reason stated above, we find no merit in these review petitions. The petitions are accord­ingly dismissed on merit. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 289. ...... For the reason stated above, we find no merit in these review petitions. The petitions are accord­ingly dismissed on merit. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 289. ......ment of Bangladesh, 48 DLR (AD) 178; Tarique Rahman Vs. Government of Bangladesh, 63 DLR (AD) 162; Modern India Caterers Vs. Lieutenant Governor, 1980 SC 674; GL Gupta Vs. DN Mehta, AIR 1971 SC 2162; Ram Narain Vs. State of UP, 1970 (3) SCC 493; Madho Ram Vs. State of UP, AIR 1973 SC 467. Lawye...... For the reason stated above, we find no merit in these review petitions. The petitions are accord­ingly dismissed on merit. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 289. ..

Category: International Crimes Tribunal Law | Date: 12 Dec, 2013 | Hits: 15

Satsang Bangladesh, D. Pakutia Vs. People’s Republic of Bangladesh and others, 2013, 42 CLC (HCD)

.... Court of Senior Assistant Judge, Pabna Sadar. Pabna for a declaration that the plaintiff 'Satsang Bangladesh' is the only legal representative in -Bangladesh con­tending inter-alia that, Sree Sree Thagore Anukul Chandra established an 'Ashrom' namely "Satsang Ashrom" i...... Court of Senior Assistant Judge, Pabna Sadar. Pabna for a declaration that the plaintiff 'Satsang Bangladesh' is the only legal representative in -Bangladesh con­tending inter-alia that, Sree Sree Thagore Anukul Chandra established an 'Ashrom' namely "Satsang Ashrom" i......evidence within 2(two) months from the date of receipt of this judgment, order. Communicate the judgment and order at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 110 ......evidence within 2(two) months from the date of receipt of this judgment, order. Communicate the judgment and order at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 110 ..

Category: Civil Law, Procedural Law | Date: 26 Sep, 2013 | Hits: 3

Maulana Syed Rezaul Haque Chadpuri and others Vs. Bangladesh Jamaat-e-Islami and others [1st Part], 2013, 42 DLR (HCD)

.... equally efficacious or not is a matter to be decided from case to case. There is a long line of cases decided on the point of which, Srivastava K.K. Vs. Bhupendra Kumar Jain,  (1977) 2 SCC 494, Sree Ramdas Motor Transport Ltd. Vs. Tadi Adhinarayana,  (1997) 5 SCC 446 and the State of Punj...... equally efficacious or not is a matter to be decided from case to case. There is a long line of cases decided on the point of which, Srivastava K.K. Vs. Bhupendra Kumar Jain,  (1977) 2 SCC 494, Sree Ramdas Motor Transport Ltd. Vs. Tadi Adhinarayana,  (1997) 5 SCC 446 and the State of Punj......lly efficacious or not is a matter to be decided from case to case. There is a long line of cases decided on the point of which, Srivastava K.K. Vs. Bhupendra Kumar Jain,  (1977) 2 SCC 494, Sree Ramdas Motor Transport Ltd. Vs. Tadi Adhinarayana,  (1997) 5 SCC 446 and the State of Punjab Vs......und Supreme Court of India practically initiated its contemporary journey in the area of public interest litigations with the case of Mumbai Kamgar Sabha Vs. Abdullah,  AIR 1976 SC 1455, wherein Krishna Ayre, J. stated: Public interest is promoted by a spacious construction of locus standi..

Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 11

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   ......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   ......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, PLD 1969 (SC) 241; Mahmudul Hoque Vs. Shamsul Alam, 36 DLR (AD) 171; IRC Vs. Hinchy (1960) 1 All ER 505; Director of Public Prosecution Vs. Schildkmp (1969) 3, All ER 1940; Moharani of Burdwan Vs. Krishna Kamini Dashi], ILR 14 Cal-365, P-372 (PC]; Aswini Kumar Ghose Vs. Arobinda Bose [AIR 1952 SC..

Category: Fiscal/Taxation Law | Date: 25 Apr, 2013 | Hits: 2