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Chittagong Dry Dock Ltd. Vs. Commissioner of Taxes, 2012, 41 CLC (HCD)
....e head "Capital gains". Provided further that for the purposes of this section the Deputy Commissioner of Taxes shall, in computing any loss, deduct any amount received in cash as subsidy form the Government. (Bold and underlined given by us) "38. Carry forward of business loses, - Wher......004) dismissing the appeal. 2. Facts relevant for disposal of the reference application are as follows: - The assessee-applicant, Chittagong Dry Dock Limited is a state owned company under the Bangladesh Steel and Engineering Corporation. Every transaction in the books of accounts of the asse......he appeal. 2. Facts relevant for disposal of the reference application are as follows: - The assessee-applicant, Chittagong Dry Dock Limited is a state owned company under the Bangladesh Steel and Engineering Corporation. Every transaction in the books of accounts of the assessee are subject ...... 412. ..Category: Fiscal/Taxation Law | Date: | Hits: 107
Neo Mendes and others Vs. State, 2007, 36 CLC (HCD)
....t this rules i.e. Criminal Miscellaneous Case No.7514 of 2001 is discharged as being infructuous. Communicate this order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 300. .......52187 dated 23.12.2000 for 284 cartoons valued at US$ 22,262.76. It has been alleged that cargo may be delivered after surrendering documents and before surrendering these are to be endorsed by Arab Bangladesh Bank Ltd., and the Bank will endorse it only after receiving payment on behalf of the com......nce. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 300. ......300. ..Category: Criminal Law | Date: | Hits: 70
Nazrul Islam (Md.) Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....puty CommisÂsioner, Rajshahi, respondent No.2 vide his Office Process No.259/7(16) dated 5-10-1997, served a notice upon the petitioner under section 6 of the Ordinance (Annexure-B) stating that the Government has decided to acquire his property and intends to take possession thereof and asked the ...... ......ourt High Court Division (Special Original Jurisdiction) Present: ABM Khairul Haque J SM Ziaul Karim J Nazrul Islam (Md.)………………………Petitioner Vs. Bangladesh and others………………………………Respondents Judgment April 25, 2007. Result:......08) 39. ..Category: Property Law | Date: | Hits: 62
Dr. M. Rafiquzzaman Vs. Bangladesh Shilpa Bank, 2006, 35 CLC (HCD)
....k any adjournment. The order of stay is vacated and the connected civil rule is discharged. Let the L.C.R be sent down at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 18. ......ourt High Court Division (Civil Jurisdiction) Present: Md. Arayes Uddin J SM Emdadul Hoque J Dr. M. Rafiquzzaman, the Chairman, Rafi Systems Ltd……………Appellant Vs. Bangladesh Shilpa Bank……………………………………………………………..Respond......t: The rule is discharged. Cases Referred to- Bangladesh House Building Finance Corporation Vs. Jahanara Akhter, 49 DLR (AD) 1980; New Ideal Engineering Works Ltd. Vs. Bangladesh Shilpa Bank and others, 42 DLR (AD) 221, 18 BLD (AD) 124, 18 BLD (AD) 136; Jahanara Akhter Begum and others Vs. ......upreme Court High Court Division (Civil Jurisdiction) Present: Md. Arayes Uddin J SM Emdadul Hoque J Dr. M. Rafiquzzaman, the Chairman, Rafi Systems Ltd……………Appellant Vs. Bangladesh Shilpa Bank……………………………………………………………...Category: Civil Law | Date: | Hits: 127
Md. Liton Bhuiyan @ Md. Liton Mia Vs. State, 2008, 37 CLC (HCD)
..... In the result, the Rule is discharged. Order of stay granted by this Court stands vacated. Communicate the order at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 323. ....... In the result, the Rule is discharged. Order of stay granted by this Court stands vacated. Communicate the order at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 323. ......e Party Judgment August 28, 2008. Result: The Rule is discharged. A Sub-Inspector of Police or an Officer above has inherent power to investigate into an offence in accordance with law and he has also been specially empowered by section 36(1) of the Madak Drabya Niantran Ain to search......Criminal Appellate Jurisdiction) Present: Sikder Maqbul Huq J Md. Fazlur Rahman J Md. Liton Bhuiyan @ Md. Liton Mia……………………………………………Accused-Petitioner Vs. The State………………………………………Opposite Party Judgment August 28..Category: Criminal Law | Date: | Hits: 90
Category: Fiscal/Taxation Law | Date: | Hits: 107
Saleha Khatoon @ Saleha Begum Vs. Abdur Rahman Kha, 2009, 38 CLC (HCD)
....uch suit. Nothing in this section shall bar any person from suing to establish his title to such property and to recover possession thereof. No suit under this section shall be brought against the Government. No appeal shall lie from any order or decree passed in any suit instituted under this......rimuddin and others Vs. Aftabuddin Ahmed and others, 14 BLD page 134; SAM Mahbub Elahi represented by Md. Jahangir Alam Vs. Md. Shah Alam and others, 8 BLC page 484; Registrar of the Supreme Court of Bangladesh Vs. Md. Shafiuddin son of late Md. Asuruddin, 10 BLT (AD) 50. Lawyers Involved: A.B......y Judgment November 1, 2009. Result: The rule is made absolute. No appeal lies from any order or decree passed in any suit instituted under section 9 of the Specific Relief Act, 1877 and the only remedy lies against such decree/order is the revisional jurisdiction of the High Court ...... Reported in: 30 BLD (HCD) (2010) 486. ..Category: Civil Law | Date: | Hits: 114
Nirmal Chandra Halder Vs. Hasina Begum and others, 2012, 41 CLC (HCD)
.... predecessors-in-interest to the plaintiffs and proforma defendants 16-20 by way of a registered sale deed No.5 dated 3.1.1928. After so transfer, they were possessing the land by paying rents to the Government. As the land measuring 3.87 acres in plot Nos.756 and 701 and 1.72 acres of land in plot ......rt considers that further evidence is required to be adduced, it is at liberty to give the parties such opportunity. Send down the lower Court’s records. Ed. This Case is also Reported in: ...... records. Ed. This Case is also Reported in: ...... Court High Court Division (Civil Revisional Jurisdiction) Present: Md. Ruhul Quddus J Nirmal Chandra Halder…………………............Petitioner Vs. Hasina Begum and others ………..............Opposite Parties Judgment October 10, 20..Category: Civil Law | Date: | Hits: 73
Abdul Matin Vs. Government of the People's Republic of Bangladesh, 2007, 36 CLC (HCD)
....: 13 BLC (HCD) (2008) 30. ......t High Court Division (Civil Revisional Jurisdiction) Present: AK Badrul Huq J Abdul Matin……………………………Petitioner Vs. Government of the People's Republic of Bangladesh………………………………Opposite Party Judgment April 19, 2007. Res...... Judgment April 19, 2007. Result: The Rule is made absolute. Doctrine of res judicata Doctrine of res judicata has received a statutory sanction in The Code as a matter of prudence and to give due weightage to a finding or decision so as to reach finality in the matter of a disput......rted in: 13 BLC (HCD) (2008) 30. ..Category: Property Law | Date: | Hits: 69
Category: Company Law | Date: | Hits: 127
M. Anwar Hossain and others Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
.... Major Ziauddin and others……………...Petitioner (In Writ Petition 1048 of 2011) And Md. Abdul Mazid………………….............Petitioner (In Writ Petition 1059 of 2011) Vs. Government of Bangladesh and others…………Respondents (In all the Writ Petitions) Judgment ......in and others……………...Petitioner (In Writ Petition 1048 of 2011) And Md. Abdul Mazid………………….............Petitioner (In Writ Petition 1059 of 2011) Vs. Government of Bangladesh and others…………Respondents (In all the Writ Petitions) Judgment March 22, 20...... This Case is also Reported in: ...... with Major Ziauddin and others……………...Petitioner (In Writ Petition 1048 of 2011) And Md. Abdul Mazid………………….............Petitioner (In Writ Petition 1059 of 2011) Vs. Government of Bangladesh and others…………Respondents (In all the Writ Petitions) Jud..Category: Criminal Law | Date: | Hits: 154
Amarbati Natya Mandir Vs. State, 2009, 38 CLC (HCD)
....ent was one to which the Bengal Regulation applied and it was an institution in which the right of nomination of the trustee, manager or superintendent thereof was vested in or was exercisable by the Government or any other public officer or such nomination was subject to the confirmation of the Gov......n for leave to proceed with the suit after amendment of the plaint is allowed. The order of abatement of the suit is also set aside. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 217. ...... This Case is also Reported in: 61 DLR (HCD) (2009) 217. ......CD) (2009) 217. ..Category: Civil Law | Date: | Hits: 104
Agrani Bank Vs. Orbit Enterprise Ltd and another, 2009, 38 CLC (HCD)
....it at the rate of 15% per annum till realization. Send down the LC record at once. Communicate this order at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 710. ......e suit. 4. The defendant-respondent filed written statement and contested the suit. His case is that after getting a work order to establish electric connection and sanitary works of a building of Bangladesh T&T Board, the plaintiff-bank allowed him the said loan facility. It is further state......urt High Court Division (Civil Appellate Jurisdiction) Present: SK Sinha J Md. Ashfaqul Islam J Agrani Bank……………………Plaintiff-Appellant Vs. Orbit Enterprise Ltd and another………………………Defendants-Respondents Judgment January 20, 2009. Res......CD) (2009) 710. ..Category: Civil Law | Date: | Hits: 95
Md. Abdul Jabbar Sarker Vs. State and another, 2011, 40 CLC (HCD)
....took a proper decision not to proceed with the case. 21. The grounds taken in the revisional appliÂcation with regard to responsibility of the learned Senior Special Judge to seek sanction of the Government for prosecuting the accused under section 6(5) of the Criminal Law Amendment Act, 1958 do......Rule. In the result, the Rule is discharged. Office is directed to send down the lower Court record with copy of this Judgment. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 103. ...... High Court Division (Criminal Revisional Jurisdiction) Present: Md. Emdadul Huq J Mohammad Ullah J Md. Abdul Jabbar Sarker…………………………..Petitioner Vs. State and another……………………….Respondents Judgment October 25, 2011. Result: Th......upreme Court High Court Division (Criminal Revisional Jurisdiction) Present: Md. Emdadul Huq J Mohammad Ullah J Md. Abdul Jabbar Sarker…………………………..Petitioner Vs. State and another……………………….Respondents Judgment October 25, 2011. ..Category: Procedural Law | Date: | Hits: 92
Abdul Motaleb and others Vs. Customs, Excise and VAT Appellate Tribunal, 2011, 40 CLC (HCD)
....l and upholding the Judgment and order dated 2-6-2008 passed by the Respondent No.3 in order No.367 Mushuk-Anium/Banoful & Co./Commi/08 directing the petitioners to deposit Taka 1,36,35,283.25 to Government fund through treasury chalan should not be declared to have been issued without lawful au......tice dated 14-2-2008 (Annexure-C) is also declared to have been passed and issued without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 100. ......e is also Reported in: 64 DLR (HCD) (2012) 100. ...... Court High Court Division (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J Mustafa Zaman Islam J Abdul Motaleb and others………………………….Petitioners Vs. Customs, Excise and VAT Appellate Tribunal…………………………Respondents Judgme..Category: Fiscal/Taxation Law | Date: | Hits: 135
Muhibur Rahman Manik and another Vs. State, 2006, 35 CLC (HCD)
....eof. They are set at liberty at once if not required in connection with any other case. Lower Court Records are sent down at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 279. ......rovides that any person who makes or has in his possession or under his control any explosive substance with intent by means thereof to endanger life, or cause serious injury to person or property in Bangladesh or to enable any other person by means thereof to endanger life or cause serious injury t......: 15 BLT (HCD) (2007) 279. ......t here. Supreme Court High Court Division (Criminal) Present: AK Badrul Huq J Shahidul Islam J Muhibur Rahman Manik and another…………………………Convict-appellants Vs. The State………………………Respondent Judgment August 13, 2006. Result: ..Category: Criminal Law | Date: | Hits: 83
Khorshid Nayeem and others Vs. Land Appeal Board land others, 2010, 39 CLC (HCD)
....dly, this Writ Petition is in the nature of a Writ of Certiorari. The scope of a Writ of Certiorari is very limited. In this conÂnection, a reference may be made to the deciÂsion in the case of the Government of BanglaÂdesh Vs. Md. Jalil reported in 15 BLD (AD) 175 = 49 DLR (AD) 26. In that decis...... Board land others……………………………………Respondents Judgment June 3, 2010. Result: The rule is made absolute. Cases Referred to- 47 DLR (AD) 9; 50 DLR (AD) 213; Bangladesh Tobaco Company Ltd. Vs. Md. Azizul Huq, 8 MLR (AD) 149 = 7 BLC (AD) 119; Bangladesh Vs. M......lso Reported in: 17 BLC (HCD) (2012) 511. ......ourt Division (Special Original Jurisdiction) Present: Moyeenul Islam Chowdhury J AKM Abdul Hakim J Khorshid Nayeem and others……………………………………Petitioners Vs. Land Appeal Board land others……………………………………Respondents Judgmen..Category: Property Law | Date: | Hits: 115
Category: Civil Law | Date: | Hits: 85
Md. Ragib Hasan Khan @ Munu Vs. State and another, 2009, 38 CLC (HCD)
....itled to get any relief as prayed for. Hence the rule fails. In the result, the Rule is discharged. Order of stay stands vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 353. ......The inherent power under the section has to be exercised for the ends of justice and should not be arbitrarily exercised to cut short the normal process of a criminal trial. 17. Both apex Court of Bangladesh and Indian jurisdiction hold the view that the High Court while exercising power under se...... (Special Original Jurisdiction) Present: Siddiqur Rahman Miah J Md. Ataur Rahman Khan J Md. Ragib Hasan Khan @ Munu………………………………Petitioner Vs. The State and another………………………………Opposite Parties Judgment July 6, 2009. Res......igh Court Division (Special Original Jurisdiction) Present: Siddiqur Rahman Miah J Md. Ataur Rahman Khan J Md. Ragib Hasan Khan @ Munu………………………………Petitioner Vs. The State and another………………………………Opposite Parties Judgment Ju..Category: Procedural Law | Date: | Hits: 79
Pubali Bank Ltd. Vs. Contech Ltd. and others, 2005, 34 CLC (HCD)
....is directed to dispose of the suit within 3(three) months from the date of receipt of this order in the interest of all the parties. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 133. ......their written statement though admitted the loan liability but came up with a specific plea that in view of the facts and circumstances of the case and in view of the undertaking given by the Siemens Bangladesh Limited (hereinafter called 'the Siemens') confirming that all payment arising out of wor......ion (Civil Jurisdiction) Present: Syed Amirul Islam J Sheikh Abdul J Pubali Bank Ltd……………………………………………………….Appellant Vs. Contech Ltd. and others………………………………………..Respondents Judgment July 9, 2005. ......t High Court Division (Civil Jurisdiction) Present: Syed Amirul Islam J Sheikh Abdul J Pubali Bank Ltd……………………………………………………….Appellant Vs. Contech Ltd. and others………………………………………..Respondents Judgme..Category: Civil Law | Date: | Hits: 87