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Shamvunath Karmaker and another Vs. State and another, 2015, 44 CLC (HCD)
....ven a practical interpretation of the law that the scheduled offences under the Act, 2004 are against the Anti-Corruption likely to be committed by a government official or a servant in the Republic but assistance for apprehending or catching a possible offender red-handed is open for......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
....reating the applicant’s contributions to the approved Provident Fund as perquisites and hence taxable under section 30(e) of the Income Tax Ordinance, 1984?
The Constitution of the Peoples Republic of Bangladesh, 1972; Article 2A
The Income Tax Ordinance, 1984 (Ordinance No. XXXVI of...... 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:
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Category: Fiscal/Taxation Law | Date: 11 Jan, 2015 | Hits: 1
Islami Bank Bangladesh Limited Vs. Commissioner of Taxes, 2015, 44 CLC (HCD)
....late Division finally decided the matter on those grounds. He submits that in the reference applications he would raise a new ground on law, which is founded on the Constitution of the People’s Republic of Bangladesh. He adds that in the Constitution under article 2A, the State religion of the......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
Singer Bangladesh Ltd Vs. National Board of Bangladesh, 2014, 43 CLC (HCD)
.... Chapter 8 of the Constitution in particular deals with this part. Article 128 of the Constitution postulates functions of Auditor General as under: "128 (1) The public accounts of the Republic and of all Courts of law and all authorities and offices of the Government shall be audited......copy of this judgment be sent to the office of the Comptroller and Auditor General for future reference and guidance. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 73 ..Category: Constitutional Law, Fiscal/Taxation Law | Date: 15 Dec, 2014 | Hits: 5
....—For the Respondents.
Writ Petition No. 8218 of 2014
Judgment
Md. Nazrul Islam Talukder J.— On an application under Article 102 of the Constitution of the People's Republic of Bangladesh, a Rule Nisi was issued calling upon the respondents to show cause as to why ......s from the date of receipt of this judgment.
Let a copy of this judgment be forwarded to the concerned respondents at once.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 251
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Category: Constitutional Law, Fiscal/Taxation Law | Date: 8 Dec, 2014 | Hits: 3
....d.
(vi) That the power of the Supreme court, the Appellate Division and the High Court Division, being the court of records, as embodied under Article 108 of the Constitution of the People's Republic of Bangladesh, cannot be restricted and trammeled by any ordinary legislation including the......s had four occasions to comply with this court's order, before seeking apology after issuance of the Rule on 23-1-2014.
25. I have also considered the views expressed by the Supreme Court of Pakistan in Re: contempt of court proceedings against General (Reid) Mirza Aslam Beg. It has been he..
Category: Constitutional Law, Contempt of Court Law | Date: 4 Dec, 2014 | Hits: 10
Government of Bangladesh and others Vs. Md. Mojibul Haque & others, 2014, 43 CLC (AD)
....se the High Court Division erred in law in entertaining the writ petitions and making the Rule absolute in part although the same is barred by Article 117 of the Constitution of the People's Republic of Bangladesh. II. Because the High Court Division erred in law in not considering tha......P Nos.2619, 525-26,423 and 2563 of 2012, 2421 of 2013, 229-31, 424 of 2012, 1495-96 of 2010 is condoned and they are disposed of. Case Referred to- Lt. Col. Farzand Ali Vs. Province of West Pakistan, 22 DLR (SC) 203; Mujibur Rahman (Md.) Vs. Government of Bangladesh, 44 DLR (AD) 111;Captai..Category: Constitutional Law, Employment/Service Law | Date: 25 Nov, 2014 | Hits: 20
A.K.M. Fazlul Haque and Others Vs. Privatization Commission and Others, 2014, 43 CLC (HCD)
....e Respondent Nos. 2-5. Writ Petition No. 10746 of 2013 Judgment Moyeenul Islam Chowdhury J.— On an application under Article 102 of the Constitution of the People's Republic of Bangladesh, a Rule Nisi was issued calling upon the respondents to show cause as to why ......, the Rule is disposed of with the above observations made in the body of the judgment without any order as to costs. Ed. This Case is also Reported in: 68 DLR (HCD) (2015) 17 ..Category: Employment/Service Law | Date: 20 Nov, 2014 | Hits: 0
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 ......defeated by taking shelter of Muhammadan Law— Here in the instant case, Vendor is a Muslim and purchaser is a Hindu. By this time much water follows in the river Buriganga and by this time Pakistan was created and thereafter, Bangladesh got independence. State Acquisition and Tenancy Act ..Category: Property Law | Date: 15 Sep, 2014 | Hits: 8
Bank Al-Falah Limited Vs. The Commissioner of Taxes, 2014, 43 CLC (HCD)
....sment year 2008-2009 of the Assessee-applicant company bank. However, there shall be no order as to cost. Md. Emdadul Haque Azad, J: I agree. Ed. This Case is also Reported in: ......efali, AAG—For I.T. Department. I.T. Reference Application No. 261 of 2013. Judgment AFM Abdur Rahman, J.— The Assessee-applicant, Bank Al-Falah Limited, originated in Pakistan and having a Branch in Bangladesh, filed the instant Income Tax Reference Application, unde..Category: Fiscal/Taxation Law | Date: 8 Sep, 2014 | Hits: 0
.... No.1 wrote to the Secretary, Ministry of Education, expressing his intention to withdraw his resignation. By a letter dated 22-6-2008, he also made representation to the Hon'ble President of the Republic narrating the situation and made a prayer to allow him to continue his service. The prayer ......Division, we do not find any substance in this civil petition for leave to appeal. Accordingly, this petition is dismissed.
Ed.
This Case is also Reported in: 66 DLR (AD) (2014) 279.
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Category: Administrative Law | Date: 7 Sep, 2014 | Hits: 20
....XP 81; Administrative Officer, Housing Settlement, Chittagong Vs. Abdur Rashid Chowdhury, 63 DLR 479; Abdul Kader Bhuiyan and 17 others Vs. Secretary, Ministry of Land, Government of the People's Republic of Bangladesh, 61 DLR (AD) 28; Abdul Karim Vs. Bangladesh 51 DLR 447; Dewan Shamsul Abedin,...... Rule No.364(R) of 2007 (Violation) is disposed of.
Send down the lower court records. Communicate this order at once.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 42.
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Category: Limitation Law, Property Law | Date: 4 Sep, 2014 | Hits: 6
Peoples Insurance Company Limited Vs. Commissioner of Taxes, 2014, 43 CLC (HCD)
....nswered in negative and in favour of the Assessee-applicant. However, there shall be no order as to cost. Md. Emdadul Haque Azad, J: I agree. Ed. This Case is also Reported in: ......id question is also dealt with in the case of Commissioner of Income Tax, Central, Karachi Vs. Alpha Insurance Co. Limited, Karachi, reported in 1981 44 Tax 1 (S.C. Pak) wherein their lordship in the Pakistan Supreme Court on the similar point has held as under; The rules contained in the First..Category: Fiscal/Taxation Law | Date: 24 Jul, 2014 | Hits: 0
Md. Jafar Ullah Vs. Bangladesh, 2014, 43 CLC (HCD)
....h Court Division (Special Original Jurisdiction) Present: M. Moazzam Husain J Md. Badruzzaman J Md. Jafar Ullah...................Petitioner Vs. The People’s Republic of Bangladesh represented by the Secretary, Ministry of Home Affairs, Bangladesh Secretaria...... given is hereby vacated. Communicate copies of this judgment to the respondents at once. Md. Badruzzaman J.- I agree. Ed.66 This Case is also Reported in: DLR (2014) (HCD) 380 ..Category: Others | Date: 28 Jun, 2014 | Hits: 91
....tive evidence that he was absent from the house when his wife was killed or explain by evidence how she came to meet her death.....(19)
Case Referred to-
Government of the People's Republic of Bangladesh Vs. Md Shafiqul Islam, 43 DLR (AD) 92.
Lawyers Involved:
Md. Zakir ......n to interfere with the decision of the High Court Division. Accordingly, the criminal petition for leave to appeal is dismissed.
Ed.
This Case is also Reported in: 67 DLR (AD) (2015) 54.
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Category: Women and Children | Date: 20 Jun, 2014 | Hits: 15
Shafiqul Islam Vs. Bangladesh Bank and others, 2014, 43 CLC (HCD)
....stay granted earlier by this Court at the time of issuance of the said rules, thus, stand recalled and vacated Communicate this. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 270 ......or amendment [see Mahmudul Islam, Interpretation of Statutes and Documents, Mullick Brothers (2009), page. 288-289]. In our jurisdiction, namely in MA Ghani Vs. Nasir Ahmed, 21 DLR 451, the then East Pakistan High Court, relying on a Pakistan Supreme Court's decision reported in 16 DLR (SC) 380,..Category: Banking Law, Company Law | Date: 1 Jun, 2014 | Hits: 11
....dvocate further submits that the Civil Courts of Bangladesh is governed by the Civil Courts Act, 1887 and the Constitution of Bangladesh, Article 109 of the Constitution of the People's Republic of Bangladesh provides that "the High Court Division shall held superintendence a......ghia ThalassiniVs.Abu Bakr Siddique, 32 DLR (AD) 106; Abdu Bakr Siddique Vs. MV Aghia Thalassini, 30 DLR 94; Halcyon Steamship Co., Inc. USA, represented by Hegee and Co. (Pak) Ltd. Vs. Province East Pakistan, now Government of Bangladesh, represented by Collector of Chittagong, 26 DLR (SC) 7; Bangl..
Category: Arbitration Law, Civil Law, Procedural Law | Date: 28 May, 2014 | Hits: 7
....ion or action which can be set aside, varied or modified by a higher administrative authority under any law for the time being in force relating to the terms and conditions of the service of the Republic or of any statutory public authority or the discipline of that service can be made to the A......trative Appellate Tribunal, but for other grounds discussed above. Accordingly, the petition is dismissed.
Ed.
This Case is also Reported in: 67 DLR (AD) (2015) 127.
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Category: Administrative Law | Date: 25 May, 2014 | Hits: 9
State and another Vs. Abdul Kader @ Mobile Kader and others, 2014, 43 CLC (AD)
.... 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. ......ee of the Privy Council as back as in 1940 in the case of Mirza Akbar Vs. King of Emperor, AIR 1940 PC 176. The statement of law argued by the Privy Council was approved by the Supreme Courts of Pakistan and India in series of cases and this Division has also approved the same. This opinion has..Category: Criminal Law | Date: 14 May, 2014 | Hits: 16
Md. Abul Bashar Vs. Government of Bangladesh, 2014, 43 CLC (HCD)
....vel. The executives need not attain mastery over the vast constitutional and administrative literature nor is it expected of them. It would suffice if they remember two things: first, Bangladesh is a Republic and a representative democracy where rule of law forms the bedrock of the Constitution. All......l effect. The order of stay granted earlier is hereby vacated. There would, however, be no order as to cost. Md. Badruzzaman J. - I agree Ed. This Case is also Reported in: ..Category: Administrative Law, Constitutional Law | Date: 4 May, 2014 | Hits: 5
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