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I.M. Reazul Hasan Vs. Commissioner of Taxes Vs. The Commissioner of Taxes, Taxes Zone-1, Dhaka, 2014, 43 CLC (HCD)

....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:   ......A. Hannan—For the Applicant. Mahfuza Begum, AAG—For the Respondent. Income Tax Reference Application No.384 of 2004. Judgment Zinat Ara J.- This Income Tax Reference application under section 160 of the Income Tax Ordinance,1984  (hereinafter referred to as the..

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 ......e already in place in the Act. This amended provision under section 5 Ga Ga should have retrospective effect and, as such, should apply to the petitioner retrospec­tively. This retrospective application of the amended definition of "defaulter-borrower" may also be viewed as subseq..

Category: Banking Law, Company Law | Date: 1 Jun, 2014 | Hits: 11

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   ......ourt but Court has Jurisdiction over the Arbitration— The decisions of the arbitration is subject to review by the Court, either at 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 b..

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

Elahi Box Sardar (Md.) Vs. Government of Bangladesh repre¬sented by Ministry of Communication and others, 2014, 43 CLC (AD)

....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.   ......h day of November, 2009 given by the Administrative Appellate Tribunal, Dhaka in Administrative Appellate Tribunal Appeal No.201 of 2005 allow­ing the same. 2. The petitioner herein filed an application before the Administrative Tribunal, Bogra under section 4(2) of the Administrative Tribu..

Category: Administrative Law | Date: 25 May, 2014 | Hits: 9

Amena Meher Vs. Md. Abdul Kader and others, 2014, 43 CLC (HCD)

..... The office is directed to communicate this order to the Joint District Judge, 2nd Court, Pabna for compliance. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 61   ......011 from Jamila Khatun was given possession thereof and he having been in exclusive possession got the same mutated in his favour. During pendency of the pre-emption proceeding the appellant filed an application under Order XL, rule 1 of the Code of Civil Procedure praying for appointment of a recei..

Category: Civil Law, Procedural Law | Date: 19 May, 2014 | Hits: 3

Beautiful Bibi Vs. Md. Sydur Rahman, 2014, 43 CLC (HCD)

..... 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 ......;tion as a bastard child……..... (61 - 62) Additional Evidence Considering the exceptional nature of the dispute, and the prin­ciple laid down by the Appellate Division the application for additional evidence was allowed for determination of the biological relationship bet..

Category: Women and Children | Date: 19 May, 2014 | Hits: 29

Bangladesh Rural Advancement Committee (BRAC), BRAC Centre Vs. The Commissioner of Taxes, 2014, 43 CLC (HCD)

.... Court of Bangladesh, is to take necessary 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: ......R (1999) 152; Bangladesh Rural Advancement Committee Vs. the Commissioner of Taxes, 51 DLR (1999) 152. Lawyers Involved: Md. Asaduzzaman with S. M. Aslam—For the applicant in both the applications S. Rashed Jahangir, DAG with Mahfuza Begum, AAG,Nurun Nahar, AAG—For the re..

Category: Fiscal/Taxation Law | Date: 14 May, 2014 | Hits: 9

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

....ppeal and submits that the High Court Division acted illegally in dismissing accused Ataur Rahman's appeal, and prayed for remanding I he matter to the High Court Division for ends of justice for fresh hearing on merit. Since we have entered into the merit of the matter, considered the entire ev......unds to believe that two or more persons have conspired together to commit an offence or an actionable wrong. After having passed this test, the next phase in the exercise consists in the actu­al application of the operative part of this section whereby anything said, done or written by any one ..

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

Bangladesh Rural Advancement Committee (BRAC) Vs. Commissioner of Taxes, 2014, 43 CLC (HCD)

....esh, is to take necessary steps under section 161(2) of the Income Tax Ordinance, 1984. S. H. Md. Nurul Huda Jaigirdar J. - I agree. This Case is also Reported in:     ......ioner of Taxes vs. Bangladesh Rural Advancement Committee (BRAC) reported in 51 DLR (1999) 152.  Lawyers Involved: Md. Asaduzzaman with S. M. Aslam—For the applicant in both the applications. S. Rashed Jahangir, DAG with Mahfuza Begum, AAG,Nurun Nahar, AAG—For the r..

Category: Fiscal/Taxation Law | Date: 14 May, 2014 | Hits: 3

Bangladesh Rural Advancement Committee (BRAC) VS. The Commissioner of Taxes, 2014, 43 CLC (HCD)

....support enterprise, etc. against the other income of the Applicant, the loss having been claimed in the return and having arisen from economic activities, instead remanding the matter to the IACT for fresh consideration.” Income Tax Reference No. 256 0f 2004 (Assessment year 2002-2003) ...... Zinat Ara J 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, Seg..

Category: Fiscal/Taxation Law | Date: 12 May, 2014 | Hits: 5

Bangladesh Rural Advancement Committee (BRAC) Vs. Commissioner of Taxes, 2014, 43 CLC (HCD)

....support enterprise, etc. against the other income of the Applicant, the loss having been claimed in the return and having arisen from economic activities, instead remanding the matter to the IACT for fresh consideration.” Income Tax Reference No. 256 0f 2004  (Assessment year 20...... Zinat Ara J 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, Segu..

Category: Fiscal/Taxation Law | Date: 12 May, 2014 | Hits: 5

Md. Abul Bashar Vs. Government of Bangladesh, 2014, 43 CLC (HCD)

....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: ...... father. The local Chairman requested the Respondent No.3 for appointment of the petitioner as Nikah Registrar for the said Union. The petitioner having requisite qualifications himself also filed an application to be appointed as such addressing the District Registrar, Tangail on 29.01.2008. 3..

Category: Administrative Law, Constitutional Law | Date: 4 May, 2014 | Hits: 5

Director General, Bangladesh Standards and Testing Institution Vs. Matiur Rahman and others, 2014, 43 CLC (AD)

....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. ......s of the Ordinance relat­ing to the terms and conditions of service of all the employees/officers of BSTI, 4. In 1985, CTL authority published an advertisement in the daily newspaper seeking applications from different individuals for dif­ferent posts. On 14-4-1985, the writ-petitioner ..

Category: Employment/Service Law | Date: 4 May, 2014 | Hits: 7

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

....of show cause notice. But that was under a diametrically divergent factual scenario. Unlike the instant one, that was a case of cancel­lation of lease in the midway, involving no ques­tion of fresh renewal at the expiry of the original term, and most importantly, the ground that was assigned......ed the subject property in favour of the peti­tioner on an year to year lease, the commencing date being the 1st day of Poush, 1393 of the Bengali era. It was stipulated in the lease deed that an application, if any, is to be made for the renew­al of the lease at the beginning of the year fo..

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

Sharif Miah Vs. Rina and anothers, 2014, 43 CLC (HCD)

....r shall also be fur­nished free of cost to the learned Advocates for both sides. Hearing adjourned till 6-4-2014. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 16   ......ip;…………….........Petitioner Vs. Rina and another………............Opposite Parties Judgment May 3, 2014. Result: The application is allowed with directions. Additional Evidence taken in exceptional situation ..

Category: Civil Law, Women and Children | Date: 3 May, 2014 | Hits: 5

Khan Mohammad Ameer Vs. Atiqur Rahman and others, 2014, 43 CLC (HCD)

....cheduled land and ultimately the price was fixed by enhancing Taka 2,20,00,000 from Taka 70,00,000 and on the request of the defendant Nos. 1-5, their constituted attorney defendant No. 18 executed a fresh deed of agreement for sale on 4-10-2009 fixing the price of the schedule land at Taka 2,20,00,......y deferred it on various plea. Thus the plaintiff paid Taka 2, 19, 80,000 in respect of the suit plot out of total consideration money of Taka 2,20,00,000. The defendant No. 18 on 19-10-2010 filed an application to Rajuk seeking sale permission of the suit plot but the same could not be procured due..

Category: Civil Law, Procedural Law | Date: 30 Apr, 2014 | Hits: 6

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

....urt Division in Criminal Miscellaneous Case No.4296 of 2006 and by this Court in Criminal Appeal No.43 of 2009 stand Accordingly. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 77. ......1974 invoking the aid of section 517 of the Code............ (19) it was found that Gannysons Limited Company, in no circumstances, could be declared as an abandoned property, allowed the review application, declared that the prop­erty was not an abandoned property, struck down the executio..

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

Pubali Bank Limited Vs. Commissioner of Taxes, 2014, 43 CLC (HCD)

....ngladesh, is directed to take necessary steps under Section 161(2) of the Income Tax Ordinance, 1984. S. H. Md. Nurul Huda Jaigirdar J: I agree. This Case is also Reported in:   ...... applicant. Mahfuza Begum, AAG with Nurun Nahar, A.A.G—For the respondent. Income Tax Reference Application No.252 of 2003. Judgment Zinat Ara J.- This income tax reference application under Section 160(1) of the Income Tax Ordinance,1984 (hereinafter referred to as the Or..

Category: Fiscal/Taxation Law | Date: 27 Apr, 2014 | Hits: 6

Chittagong Steel Mills Ltd and another Vs. MEC, Dhaka & others, 2014, 43 CLC (AD)

....e do not find any substance in this appeal. Accordingly, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 66 DLR (AD) (2014)246.   ......laintiff-respondent No.1 granting interest on the Award amount @ 5% from the date of Award till payment. 2.The facts, leading to this appeal, in a nut­shell, are that the respondent filed an application under sections 14/17 of the Arbitration Act, 1940 in the Fifth Court of Subordinate Judg..

Category: Civil Law | Date: 23 Apr, 2014 | Hits: 10

Nur Mohammad and others Vs. Mosammat Kamla Khatun and others, 2014, 43 CLC (AD)

....ide and the suit is remanded to the trial Court. The trial Court is directed to dispose of the suit as expeditiously as possible. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 205 ......the judgment and decree of the trial. 8. Being aggrieved by and dissatisfied with the judgment and decree of the appellate Court, the plaintiff moved the High Court Division by filing revisional application and obtained Rule in Civil Revision No.3371 of 1998. The learned Single Judge of the Hig..

Category: Civil Law, Procedural Law | Date: 17 Apr, 2014 | Hits: 2