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Khandker Abul Hashem Vs. The Commissioner of Taxes, 2014, 43 CLC (HCD)
....it and the above promise is not by mere conduct or by agreement or by SRO but by incorporating a specific provision in a statute. It is a settled law that even in the case of any promise given by the Government by conduct or by agreement or by SRO, in view of the principle of promissory estopple, th......estion (1), as reformulated in this reference application, is in the negative i.e. against the Revenue and in favour of the assessee-applicant. No costs. 24. The Registrar, Supreme Court of Bangladesh is directed to take steps under section 161(2) of the Income Tax Ordinance, 1984. S....... Ed. This Case is also Reported in: ......sent: Zinat Ara J S. H. Md. Nurul Huda Jaigirdar J Khandker Abul Hashem, S/O Late Khandker Bazlur Rahman, Mohammadpur, Dhaka……………......Applicant Vs. The Commissioner of Taxes, Taxes Zone-6, Kakrail, Dhaka-1000………&hellip..Category: Fiscal/Taxation Law | Date: 9 Jun, 2014 | Hits: 3
Khandker Abul Hashem Vs. Commissioner of Taxes, 2014, 43 CLC (HCD)
....it and the above promise is not by mere conduct or by agreement or by SRO but by incorporating a specific provision in a statute. It is a settled law that even in the case of any promise given by the Government by conduct or by agreement or by SRO, in view of the principle of promissory estopple, th......stion (1), as reformulated in this reference application, is in the negative i. e. against the Revenue and in favour of the assessee-applicant. No costs. 24. The Registrar, Supreme Court of Bangladesh is directed to take steps under section 161(2) of the Income Tax Ordinance, 1984. S.......is Case is also Reported in: ...... Zinat Ara J S. H. Md. Nurul Huda Jaigirdar J Khandker Abul Hashem, S/O Late Khandker Bazlur Rahman, Mohammadpur, Dhaka…………….......Applicant Vs. The Commissioner of Taxes, Taxes Zone-6, Kakrail, Dhaka-1000………&hellip..Category: Fiscal/Taxation Law | Date: 9 Jun, 2014 | Hits: 5
Government of Bangladesh and others Vs. Md. Abdul Karim, 2014, 43 CLC (HCD)
....bsp; ......p; ......sp; ......t Appellate Division (Civil) Present: Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Government of Bangladesh and others ...............Petitioners Vs. Md. Abdul Karim………………&he..Category: Civil Law, Procedural Law | Date: 9 Jun, 2014 | Hits: 4
Shahin Reza (Md.) Vs. Nasiruddin Howlader and others, 2014, 43 CLC (AD)
....ereafter, the defendants filed another suit being Title Suit No. 207 of 1978 for permanent injunction against the enemy property authority and others and that suit also was decreed on 20-12-1980. The Government filed Title Suit No.33 of 1985 for setting aside the decree dated 20-12-1980 passed in Ti...... and findings given by Nazmun Ara Sultana, J. Order of Court This appeal is dismissed by majority decision. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 243 ......mun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Shahin Reza (Md.)……………………..Appellant Vs. Nasiruddin Howlader and others………Respondents Judgment June 5, 2014 Result: Thi......ivil) Present: Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Shahin Reza (Md.)……………………..Appellant Vs. Nasiruddin Howlader and others………Respondents Judgment June ..Category: Limitation Law, Property Law | Date: 5 Jun, 2014 | Hits: 11
....ngladesh is directed to take necessary steps under section 16(2) of the Income Tax Ordinance, 1984.
S. H. Md. Nurul Huda Jaigirdar J. - I agree.
This Case is also Reported in:
.........................................
Provided that the provisions of this sub-section shall not apply in case of a loan or interest waived in respect of an assessee by a commercial bank including Bangladesh Krishi Bank, Rajshahi Krishi Unnayan Bank, Bangladesh Shilpa Bank or Bangladesh Shilpa Ri......03-2004. This is relating to the assessment year 2003-2004.
2. The questions raised in the reference application for answer by the court are as under:
“ (a) Whether in the facts and circumstances of the case, the Taxes Appellate Tribunal, Division Bench-4, Dhaka was justified t......(Statutory Original Jurisdiction)
Present:
Zinat Ara J
S. H. Md. Nurul Huda Jaigirdar J
I.M. Reazul Hasan, Deputy Divisional Engineer, Rupgonj, Dhaka……Applicant
Vs.
The Commissioner of Taxes, Taxes Zone-1, Dhaka…………Respondent
..
Category: Fiscal/Taxation Law | Date: 4 Jun, 2014 | Hits: 5
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 ......: Sheikh Hassan Arif J Mohammad Ullah J Shafiqul Islam………………………………….Petitioner Vs. Bangladesh Bank and others............Respondents Judgment June 1, 2014. Result: ......ssan Arif J Mohammad Ullah J Shafiqul Islam………………………………….Petitioner Vs. Bangladesh Bank and others............Respondents Judgment June 1, 2014. Result: All the Rules a...... Present: Sheikh Hassan Arif J Mohammad Ullah J Shafiqul Islam………………………………….Petitioner Vs. Bangladesh Bank and others............Respondents Judgment June 1, 2014. Res..Category: Banking Law, Company Law | Date: 1 Jun, 2014 | Hits: 11
....iVs.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; Bangladesh Air Serv......Abdul Quayum Vs. International Finance Investment and Commerce Bank Ltd., 63 DLR 359; Rasheda BegumVs.Nurussafa 24 BLD (AD) 223, 9 BLC (AD) 223; Union of IndiaVs.GM Kokil, 1984 (Supp) SCC 196; Unicol BangladeshVs.Maxwell Engineering Works Ltd., 56 DLR (AD) 166; Uzbekistan Airways Vs.Air Spain Ltd., ......t the time of mistake of some rules of the Court or on the application of any of the parties. There were arbitration proceeding which arrived in the contract by the parties by signing it in open eyes and there were no allegation of fraud practice upon the plaintiff.
As per section 10(2) of the ......t Division
(Civil Revisional Jurisdiction)
Present:
Sharif Uddin Chaklader J
ATM Saifur Rahman J
ECOM Agroindustrial Corporation Ltd. & another..........Petitioners
Vs.
Mosharaf Composite Textile Mills Ltd...........Opposite Party
Judgment
May 28, 20..
Category: Arbitration Law, Civil Law, Procedural Law | Date: 28 May, 2014 | Hits: 7
....ain CJ
Surendra Kumar Sinha J
Md. Abdul Wahhab Miah J
Hasan Foez Siddique J
AHM Shamsuddin Choudhury J
Elahi Box Sardar (Md.).........................Petitioner
Vs.
Government of Bangladesh represented by Ministry
of Communication and others…&helli......rendra Kumar Sinha J
Md. Abdul Wahhab Miah J
Hasan Foez Siddique J
AHM Shamsuddin Choudhury J
Elahi Box Sardar (Md.).........................Petitioner
Vs.
Government of Bangladesh represented by Ministry
of Communication and others………..........oez Siddique J
AHM Shamsuddin Choudhury J
Elahi Box Sardar (Md.).........................Petitioner
Vs.
Government of Bangladesh represented by Ministry
of Communication and others………........Respondents
Judgment &nb......mmel Hossain CJ
Surendra Kumar Sinha J
Md. Abdul Wahhab Miah J
Hasan Foez Siddique J
AHM Shamsuddin Choudhury J
Elahi Box Sardar (Md.).........................Petitioner
Vs.
Government of Bangladesh represented by Ministry
of Communication and others&hell..
Category: Administrative Law | Date: 25 May, 2014 | Hits: 9
Aynul Haque (Md.) Vs. Government of Bangladesh, Dhaka, 2014, 43 CLC (HCD)
.... Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Hassan Foez Siddique J Aynul Haque (Md.).........................Petitioners Vs Government of Bangladesh, Dhaka ..........Respondents Judgment May 19, 2014. Result: ...... Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Hassan Foez Siddique J Aynul Haque (Md.).........................Petitioners Vs Government of Bangladesh, Dhaka ..........Respondents Judgment May 19, 2014. Result: The petit......cted by Md. Ferozur Rahman Advocate-on-Record—For the Petitioner. None Represented—For the Respondent. Civil Petition for Leave to Appeal No. 64 of 2010. (From the judgment and order dated 29-10-2009 passed by the Administrative Appellate Tribunal in Appeal No.147 of 2006....... for this court to interefere with the impugned decision and order. Thus, the petition is dismissed. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 381 ..Category: Administrative Law | Date: 19 May, 2014 | Hits: 3
Beautiful Bibi Vs. Md. Sydur Rahman, 2014, 43 CLC (HCD)
....sesses all the genetic markers that should be contributed to the child by a biological father. The probability of the stated relationship is 99.99999%." DNA test report prepared by the Government DNA Laboratory is a credible evidence. The conclusion of the report is consistent wi....... The photocopies of the said deposition and the Exhibits X, X (1) and X (2) attested by the Bench officer shall be retained. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 1 ......ade absolute. DNA Test accepted worldwide as a reliable scientific method for various purposes including determination of parentage The DNA report contains the analysis of data of the child and also of both plaintiff and defendants-- "The putative father Md. Saydur Rahman is the ......sion (Civil Revisional Jurisdiction) Present: Md. Emdadul Huq J Beautiful Bibi………………….............................Petitioner Vs. Md. Sydur Rahman………………………&he..Category: Women and Children | Date: 19 May, 2014 | Hits: 29
.... as follows:-
The assessee-applicant-Bangladesh Rural Advancement Committee (hereinafter referred to as the assessee/BRAC) is a registered society under the Societies Act, 1860. It is also a Non-Government Organization (NGO) engaged in running different projects for advancement of education, he......
Ed
This Case is also Reported in:
......p;Applicant
Vs.
The Commissioner of Taxes, Taxes Zone-5, Shegun Bagicha, Dhaka…………Respondent
Judgment
May 14, 2014.
Result:
The questions (i) and (ii) formulated for determination answered in the negative in favour of the assessee-applicant
......iction)
Present:
Zinat Ara J
S.H. Md. Nurul Huda Jaigirdar J
Bangladesh Rural Advancement Committee (BRAC), BRAC Centre, Dhaka-1212 …………Applicant
Vs.
The Commissioner of Taxes, Taxes Zone-5, Shegun Bagicha, Dhaka………&hell..
Category: Fiscal/Taxation Law | Date: 14 May, 2014 | Hits: 9
State and another Vs. Abdul Kader @ Mobile Kader and others, 2014, 43 CLC (AD)
.... bazar. Deceased-Moulana Abdul Quader was not involved with politics. Mr.Mizanur Rahman Sinha contested the 8th Parliament election in their area as a candidate from BNP. During the last Awami League Government, the people of the locality as well as from Dhaka tried to settle the dispute, but Mobile...... 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. ...... 6. ......) Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Hasan Foez Siddique J State and another.... .............................Appellant Vs. Abdul Kader @ Mobile Kader and others..........Respondents Judgment May 14, 2014...Category: Criminal Law | Date: 14 May, 2014 | Hits: 16
Bangladesh Rural Advancement Committee (BRAC) Vs. Commissioner of Taxes, 2014, 43 CLC (HCD)
.... as follows:- The assessee-applicant-Bangladesh Rural Advancement Committee (hereinafter referred to as the assessee/BRAC) is a registered society under the Societies Act, 1860. It is also a Non-Government Organization (NGO) engaged in running different projects for advancement of education, he......s also Reported in: ......lip;Applicant Vs. The Commissioner of Taxes, Taxes Zone-5, Shegun Bagicha, Dhaka…………Respondent Judgment May14, 2014 Result: The questions (i) and (ii) formulated for determination answered in the negative in favour of the assessee-applicant ...... Present: Zinat Ara J S. H. Md. Nurul Huda Jaigirdar J Bangladesh Rural Advancement Committee (BRAC), BRAC Centre, Dhaka-1212……………Applicant Vs. The Commissioner of Taxes, Taxes Zone-5, Shegun Bagicha, Dhaka………&hell..Category: Fiscal/Taxation Law | Date: 14 May, 2014 | Hits: 3
Bangladesh Rural Advancement Committee (BRAC) VS. The Commissioner of Taxes, 2014, 43 CLC (HCD)
....s not a tax exempted income inasmuch as by Finance Act, 2002 an explanation was added to Paragraph 1(1) of the Schedule providing that the provision of Paragraph 1(1) shall not apply in case of a Non-Government Organization (NGO) registered with NGO Affairs Bureau. The assessee is admittedly an NGO ...... Ed. This case is also Reported in: ......spondent (In both the applications) Judgment May 12, 2014 Result: The question (vi) formulated for determination answered in the affirmative in favour of the department-respondent and against the assessee-applicant. No answer to other questions. The Income Tax Ordinance...... S. H. Md. Nurul Huda Jaigirdar J Bangladesh Rural Advancement Committee (BRAC), BRAC Centre 75, Mohakhali Commercial Area, Dhaka-1212.................Applicant (In both the applications) Vs. The Commissioner of Taxes, Taxes Zone-5, Second 12-Storied Building, Segun Bagicha, Dhaka&h..Category: Fiscal/Taxation Law | Date: 12 May, 2014 | Hits: 5
Bangladesh Rural Advancement Committee (BRAC) Vs. Commissioner of Taxes, 2014, 43 CLC (HCD)
....s not a tax exempted income inasmuch as by Finance Act, 2002 an explanation was added to Paragraph 1(1) of the Schedule providing that the provision of Paragraph 1(1) shall not apply in case of a Non-Government Organization (NGO) registered with NGO Affairs Bureau. The assessee is admittedly an NGO ......This Case is also Reported in: ....... 255 of 2004 With Income Tax Reference Application No. 256 of 2004 Judgment Zinat Ara J.- Similar questions have been raised in Income Tax Reference Applications No. 255 of 2004 and 256 of 2004 and the parties to the income tax reference applications (hereinafter referred to as...... S. H. Md. Nurul Huda Jaigirdar J Bangladesh Rural Advancement Committee (BRAC), BRAC Centre 75, Mohakhali Commercial Area, Dhaka-1212.....................Applicant in both the applications Vs. The Commissioner of Taxes, Taxes Zone-5, Second 12-Storied Building, Segun Bagicha, Dhaka&h..Category: Fiscal/Taxation Law | Date: 12 May, 2014 | Hits: 5
State Vs. Faisal Morshed Khan and another, 2014, 43 CLC (AD)
....ther independent government department unless the Income Tax Department reviews its own assessment. There cannot be a conflicting exercise of power between the two independent departments of the Government. If the assessment of valuation made by the Income Tax Department is allowed to be questi......ccordingly, both the criminal petitions for leave to appeal are dismissed with the observation made in the body of the judgment. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 236. ............................Petitioner (In Criminal Petition No.117 of 2011) Anti-Corruption Commission..........Petitioner (In Criminal Petition No.210 of 2011) Vs. Faisal Morshed Khan and another.................Respondents (In both the cases) Judgment &nb......d. Imman Ali J State..........................Petitioner (In Criminal Petition No.117 of 2011) Anti-Corruption Commission..........Petitioner (In Criminal Petition No.210 of 2011) Vs. Faisal Morshed Khan and another.................Respondents (In both the cases) Judgme..Category: Anti-Corruption Laws | Date: 5 May, 2014 | Hits: 8
Md. Abul Bashar Vs. Government of Bangladesh, 2014, 43 CLC (HCD)
....Special Original Jurisdiction) Present: M. Moazzam Husain J Md. Badruzzaman J Md. Abul Bashar………………..............Petitioner Vs. Government of Bangladesh, represented by the Secretary, Ministry of Law, Justice and Parliamentary A......al Jurisdiction) Present: M. Moazzam Husain J Md. Badruzzaman J Md. Abul Bashar………………..............Petitioner Vs. Government of Bangladesh, represented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs, Bangla......druzzaman J Md. Abul Bashar………………..............Petitioner Vs. Government of Bangladesh, represented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs, Bangladesh Secretariat, Ramna, Dhaka and others……Respondent......on (Special Original Jurisdiction) Present: M. Moazzam Husain J Md. Badruzzaman J Md. Abul Bashar………………..............Petitioner Vs. Government of Bangladesh, represented by the Secretary, Ministry of Law, Justice and Parlia..Category: Administrative Law, Constitutional Law | Date: 4 May, 2014 | Hits: 5
....ion in that respect.
In view of the above, we find no merit in the leave petition.
Accordingly, the same is dismissed.
Ed.
This Case is also Reported in: 20 BLC (AD) (2015) 138.
......me Court
Appellate Division
(Civil)
Present:
Surendra Kumar Sinha J
Md. Abdul Wahhab Miah J
Hasan Foez Siddique J
AHM Shamsuddin Chowdhury J
Director General, Bangladesh Standards and Testing Institution…………Petitioner
Vs.
......
Appellate Division
(Civil)
Present:
Surendra Kumar Sinha J
Md. Abdul Wahhab Miah J
Hasan Foez Siddique J
AHM Shamsuddin Chowdhury J
Director General, Bangladesh Standards and Testing Institution…………Petitioner
Vs.
Matiur Rahma......
Md. Abdul Wahhab Miah J
Hasan Foez Siddique J
AHM Shamsuddin Chowdhury J
Director General, Bangladesh Standards and Testing Institution…………Petitioner
Vs.
Matiur Rahman and others……………………&he..
Category: Employment/Service Law | Date: 4 May, 2014 | Hits: 7
Ayub Hossain Khan (Md.) Vs. Bangladesh and others, 2014, 43 CLC (AD)
....ouse AC Israel Cocoa Ltd. Vs. Nigerian Produce Marketing Co. Ltd. 1972 AC 741; Combe Vs. Combe 1951 2 KB 215; Robertson Vs. Minister of Pensions 1949 1 KB 227; Wells Vs. Minister of Housing and Local Government 1967 1 WLR 1000; Lever Finance Vs. Westminister LBC, 1971 1 QB 222; Lords in Howell Vs. F......sp; Ayub Hossain Khan (Md.)................................Petitioner [In both the cases] Vs. Bangladesh and others (In Civil Petition 1901 of 2011) Human Rights and peac......bsp; Ayub Hossain Khan (Md.)................................Petitioner [In both the cases] Vs. Bangladesh and others (In Civil Petition 1901 of 2011) Human Rights and peace for Bangl...... Ayub Hossain Khan (Md.)................................Petitioner [In both the cases] Vs. Bangladesh and others (In Civil Petition 1901 of 2011) Human Rights..Category: Civil Law, Property Law | Date: 4 May, 2014 | Hits: 20
Khan Mohammad Ameer Vs. Atiqur Rahman and others, 2014, 43 CLC (HCD)
....t is directed to proceed with the suit as per law. Send down the lower Court's records at once. Communicate the order. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 2008 ......t is directed to proceed with the suit as per law. Send down the lower Court's records at once. Communicate the order. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 2008 ...... High Court Division (Civil Appellate Jurisdiction) Present: Farid Ahmed J Md. Khasruzzaman J Khan Mohammad Ameer.......................Appellant Vs. Atiqur Rahman and others ...............Respondents Judgment April 30, 2014 Result: The appeal...... ..Category: Civil Law, Procedural Law | Date: 30 Apr, 2014 | Hits: 6
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