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Moulana Development Co. Limited Vs. National Board of Revenue and others, 2013, 42 CLC (HCD)
....ing the petitioner to submit the statement regarding the deduction of Advance Income Tax (AIT) from the bill of the supplier of the rod, cement, sand and stone, whereupon the petitioner, in his reply dated 12.7.2012, made the discloser as required. But on 15.7.2012 the respondent No. 3 issued anothe......t relates to the previous assessment years other than the current assessment years. However, there shall be no order as to costs. Mohammad Ullah J. - I agree. This Case is also Reported in: ..Category: Fiscal/Taxation Law | Date: 12 Jun, 2013 | Hits: 86
Golam Rasul Belal Vs. Habibullah Shakir and another, 2013, 42 CLC (AD)
....re cases so that it can't scuttle or burry a prosecution case on flimsy and unfounded reasons. when the complainant stated that he had served a legal notice within 15 days from the date of the receipt of information of the return of the cheque, non-discloser of the date of service......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
Grameen Telecom Vs. Commissioner of Taxes, 2013, 42 CLC (HCD)
....trenuously argued that the DCT concern was liable under section 178 of the Income Tax Ordinance 1984 to serve the order of re-assessment upon principal officer of the Assessee-applicant company as mandated by law, but no such copy of the order was served upon the Assessee-applicant nor on its princi...... 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
A.B.M. Liton Vs. Bangladesh & Others, 2013, 42 CLC (HCD)
....vocate-For the Respondent No.3 Writ Petition No.12766 of 2012 Judgment Sheikh Hassan Arif J.- The Rule was issued calling upon the respondent to show cause as to why the impugned Order dated 1-8-2012 passed by the Artha Rin Adalat No-3, Dhaka (respondent No. 4) in Artha Jari Case No. ......the refusal of bail are set-aside in so far as the petitioner is concerned. Communicate this order. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 207 ..Category: Banking Law | Date: 3 Jun, 2013 | Hits: 5
Bimol Rosario Vs. Barbara Rosario and others, 2013, 42 CLC (HCD)
....te Party No.1. Civil Revision No. 1033 of 2011. Judgment Sheikh Abdul Awal J. - This Rule was issued calling upon the opposite party No.1to show cause as to why the judgment and decree dated 23-8-2010 passed by the learned Joint District Judge, 1st Court, Gazipur in Title Appeal No.34......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)
....er Section 115(1) of the Code of Civil Procedure (in short, the CPC) filed by the defendant-petitioners was issued calling upon the opposite party Nos.1-12 to show cause as to why judgment and decree dated 22-2-2004 passed by the Additional District Judge, 3rd Court, Bogra in Other Class Appeal No. ...... 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)
....ey/security deposit to the petitioner deducted from the bill of the works of package Nos. W-092N-CMMU and W-093N-CMMU pursuant to the work order Nos. MOHFW/CMMU/HNPSP/NC/Ctg, Khulna/Tender-09/2005/52 dated 26-6-2006 and MOHFW/CMMU/HNPSP/NC/ctg.Khulna/Tender-596/2005/53 dated 26-6-2006 respectively i......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)
....law as shall need to be addressed in these Rules Nisi. 2. In Writ Petition No. 9435 of 2012 the Rule Nisi was issued calling upon the respondents to show cause as to why the Order Nos. 22 and 23 dated 22-3-2012 and ex-parte judgment and decree dated 22-3-2012 (decree signed on 25-3-2012) passed......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
..... Zahirul Islam Advocate-on-Record—For the Petitioner.
None Represented—For the Respondents.
Civil Petition for Leave to Appeal No.186 of 2011.
(From the judgment and order dated 6-1-2011 passed by the High Court Division in Writ Petition No. 10044 of 2010).
Judgment
......made on proper appreciation of law and facts do not call for interference.
Accordingly, the leave petition is dismissed.
Ed.
This Case is also Reported in: 19 BLC (AD) (2013) 1.
..
Category: Election Law | Date: 7 May, 2013 | Hits: 6
....l. In situations e.g.
dismissal of services, the High Court Division cannot allow the prayer of the
plaintiff by directly asking the authority to give fresh appointment to the plaintiff
from the date of dismissal.............................(13)
Lawyers
Involved:
Sufia
Khatun, Ad......cordingly disposed
of.
The matter is remanded to the High court
Division for a fresh hearing.
Ed.
This Case is also Reported in: 65 DLR (AD) (2013)
300; 18 MLR (AD) (2013)153. ..
Category: Procedural Law | Date: 6 May, 2013 | Hits: 15
Moklesuddin Ahmed and another Vs. Rezia Khatun and others, 2013, 42 CLC (HCD)
....e defendant respondents. Against which the plaintiffs as appellants preferred First Appeal being First Appeal No.684 of 2001 before this Division and the same was pending upto 28-1-2013. On that date at the instruction of his client Mr PC Guha, the learned Advocate apprised the Court that he ha......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)
....pon the respondents to show cause as to why the inaction of the respondents Nos. 1-5 as regulatory authority in respect of non-payment of the documentary bill under the Inland L/C No. 1810-12-99-0027 dated 25-4-2012 (Annexure -A) issued by the respondent No. 6 Manager, Standard Bank Ltd., in favour ......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)
....ssain, proprietor of M/s Shahadat Hossain, Seuzgari, Bogra, was proceeded against for alleged importation of excess wheats from India through Hilli Station, Dinajpur under Bill of Entry No. 4667 dated 11-6-2005 and Bill of Entry No. 48/72 dated 21-6-2005, EXP No. 2292 dated 10-6-2005 being cove......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
JIT Knit Composite Ltd Vs. Government of Bangladesh and others, 2013, 42 CLC (HCD)
.... be directed to do what is required by law and pass necessary orders upon the respondent Nos.3-7 under section 45 of the Bank Companies Act, 1991 for consideration of the petitioner's application dated 22-7-2012 for extension of Moratorium period for one year from the date of Gas connection alon......rticular play a pivotal role in this regard. (emphasis supplied) 5. In this context we think it relevant to quote a line from the decision of the ASF Rahman Vs. Bangladesh Bank 20 BID (AD) 32=52 DLR (AD) 61. In para 11 of the said..Category: Banking Law, Company Law | Date: 25 Apr, 2013 | Hits: 11
Abdul Mukid (Md.) Vs.. Artha Rin Adalat Khulna and another, 2013, 42 CLC (HCD)
.... the registration of the application under Article 27 of the President's Order No.7 of 1973 as Miscellaneous Case No.148 of 1991 passed by the Artha Rin Adalat, 2nd Court, Khulna being Order No.1 dated 19-6-1991 and Order No.15 dated 31-5-1992 passed by the said Court allowing the Miscellaneous ......red by consent of parties and, as such, the principle of estoppel, waiver & acquiescence will not apply against him in the present case. In support of his contention he refers to a decision of our Appex Court in Registrar, Supreme Court of Bangladesh Vs. Md Sufi Uddin reported in ..Category: Corporate Law | Date: 21 Apr, 2013 | Hits: 4
....necessary. Therefore, on our direction it has been placed in the list on 18-4-2013 for re-hearing and after hearing both sides we deliver the judgment as under, upon recalling the unsigned order dated 26-2-2013.
2. This rule is directed against order No.32 dated 4-4-2012 passed in Money Ex......ng of Miscellaneous Case No. 28 of 2011 before the Joint District Judge if he is so advised.
Ed.
This Case is also Reported in: 66 DLR (HCD) (2014) 117
..
Category: Civil Law, Procedural Law | Date: 18 Apr, 2013 | Hits: 2
Tajul Islam and others Vs. Billal Hossain and another, 2013, 42 CLC (AD)
....Momtaz Uddin Fakir, Additional Attorney General Instructed by B. Hossain, Advocate-on-record- For the State, respondent No.2. Criminal Appeal No.04 of 2002. (From the judgment and order dated 26.10.1999 passed by the high court division in criminal revision No.762 of 1991) Judgme...... Judge has the power to hear appeals, revisions references and reviews if they are made over or transferred to him by sessions Judge. To get the answer of this question, we may profitably refer the decision of Full Bench of the High Court Division (Comilla) in the case of Nurul Huda Vs. Baharudd..Category: Procedural Law | Date: 16 Apr, 2013 | Hits: 8
Bangladesh Inland Water Transport Au¬thority (BIWTA) Vs. Bangladesh & others, 2013, 42 CLC (HCD)
....No. 5. Writ Petition No. 7821 of 2012. Judgment a Nozrul Islam Chowdhury J.— This Rule Nisi is directed against a tender notification vide a memo No.মুজেপ 0011/06/12/92 dated 7-5-2012 as per Annexure-'D' to this writ petition seeking further declaration th......o be settled once for all. The dispute over the control, management and leasing out of Maowa Ferry Ghat, now declared as river port can only be resolved finally and completely by way of a policy decision at the highest level of the government and the said dispute is not at all justifiable in ex..Category: Constitutional Law | Date: 15 Apr, 2013 | Hits: 3
Iftekharul Karim (Md.) Vs. State, 2013, 42 CLC (HCD)
....opposite-party to show cause as to why the proceedings of the Special Sessions Case No. 188 of 2011 arising out of GR Case No.54 of 2011 corresponding to Dhanmondi Police Station Case No.22 dated 25 -2-2011 under sections 8/9/13 of the Santrash Birodhi Ain, 2009, now pending before the 3rc......etropolitan Sessions Judge, Dhaka, and learned Special Judge, 3rd Court, Dhaka. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 211. ..Category: Criminal Law | Date: 4 Apr, 2013 | Hits: 4
ABM Mohiuddin Chowdhury Vs. Anti-Corruption Commission and others, 2013, 42 CLC (HCD)
....er Article 102 of the Constitution of the Peoples Republic of Bangladesh, the respondents have been called upon to show cause as to why the proceedings of Double Mooring Police Station Case No.7 dated 2-12-2007 corresponding to ACC GR No.15 of 2007 under sections 26(2) and 27 of the Anti-Corrup......te of receipt of the copy of thus order. The Court concern is to decide the prayer for bail, if so made, in accordance with law. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 537 ..Category: Anti-Corruption Laws, Constitutional Law | Date: 4 Apr, 2013 | Hits: 4
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