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Grameen Telecom Vs. Commissioner of Taxes, 2012, 41 CLC (HCD)

....er questions raised in reference application are mostly ques­tions of facts, which have been decided finally by the Tribunal, the final fact finding authority. He further submits that there is no scope to decide these questions of facts in reference application by treating the reference applicat......istrar, Supreme Court of Bangladesh is directed to take step under section 161(2) of the Income Tax Ordinance, 1984. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 241   ..

Category: Fiscal/Taxation Law | Date: 3 Jun, 2012 | Hits: 4

Mehedi Hasan @ Modern (Md.) and others Vs. State, 2012, 41 CLC (AD)

.... the appellants that the decision of this Court in the said two cases were wrong and those need to be revisited or reconsidered. 84. Now, we shall see whether, in the instant case, there was any scope of appearance to the Sessions Judge that the appellants were under the age of 16 years when th......, the police are obliged to inform the parents or guardian of the child [sec­tion 13(2)] as well the probation officer [section 50]. The Officer-in-Charge of the Police Station must also consider bail of the child even in cases of non-bailable offences [section 48]. Apart from persons whose pres..

Category: Criminal Law, Women and Children | Date: 3 Jun, 2012 | Hits: 30

PHP Float Glass Industries Ltd Vs. Commissioner Customs, Excise and VAT and others, 2012, 41 CLC (HCD)

.... of section 42 all the learned Advocates agreed that on filing of the appeal with the necessary deposit of a portion of the disputed amount, the impugned order is automatically stayed and there is no scope for the VAT officials to press for the payment of the disputed amount during the pendency of t...... from the date of receipt of a certi­fied copy of this judgment and order. Communicate this judgment and order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 478 ..

Category: Fiscal/Taxation Law | Date: 30 May, 2012 | Hits: 3

Hedayetullah and others Vs. Foyjun Nessa Begum and others, 2012, 41 CLC (AD)

....1 was in possession of the suit land prior to the purchase of the plaintiffs. The part decree passed by the trial Court in favour of the plaintiffs appears to be a gratuit­ous decree and there is no scope for passing such decree. 22. Having considered the facts and circumstances and evidence on re......cordingly the appeal is allowed without any order as to costs and the impugned judgment is set-aside and the suit is dismissed as a whole. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 139. ..

Category: Property Law | Date: 30 May, 2012 | Hits: 33

Bimal Chandra Sen Vs. Md. Waliullah Chowdhury and others, 2012, 41 CLC (AD)

....as always maintained a distinction between the District Judge and the "District Delegates" as two distinct judicial officers. When the language of a statute is clear and unambiguous, then there is no scope of reading something which the legislature did not intend to include or read, here section 299......appeal is allowed and the impugned judgment and order of the High Court Division is set-aside, there will be no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 97. ..

Category: Civil Law | Date: 30 May, 2012 | Hits: 47

Government of Bangladesh and others Vs. Nurul Amin and anothers, 2012, 41 CLC (AD)

....Court not only be Injunctive but also Remedial— Articles 44(1), 102(1) 102(2) The power of the High Court Division under Article 102(1) is not only injunctive in ambit but also remedial in scope to provide any relief against a breach of fundamental right already committed which may includ......final reports. It would be seen that last 8 cases and 7 G.D. entries were related to the period of parlia­mentary elections held in .February and June, 1996. In all these cases he was released on bail. It is because of this fact that the detenue was arrest­ed under section 54 on 30-8-1999 an..

Category: Constitutional Law | Date: 29 May, 2012 | Hits: 5

Md. Mintu Chowdhury Vs. Khurshid Nayeem and others, 2012, 41 CLC (AD)

....ing upon the decree passed in Title Suit No.280 of 1970 in preference to the order passed in Miscellaneous Case No.355 of 1968 in interfering with the order passed by the Full Board. 16. The scope, the manner and the forum of review are circumscribed by the provisions of the Statute. The p......n the impugned judgment and order and consequently, no merit in the leave petition. Accordingly, the leave petition is dismissed. This Case is also Reported in: 18 MLR (AD) (2013) 46. ..

Category: Property Law | Date: 29 May, 2012 | Hits: 12

Topon Kumar Roy Vs. Bangladesh and others, 2012, 41 CLC (HCD)

.... duty of every person discharging the functions and duties of public office to pass orders in a clear language by sufficiently and previously addressing the issues at hand and, thereby, confining the scope and extent of such order on the issue actually brought before such official. 19. In the p......0-6-2012. There is no order as to costs. Communicate this Judgment at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013)110.         ..

Category: Administrative Law, Constitutional Law | Date: 24 May, 2012 | Hits: 8

Seven Circle Bangladesh Ltd Vs. Labour Appel¬late Tribunal, 2012, 41 CLC (HCD)

.... Appellate Tribunal soon thereafter. However, since section 25(d) of the Employment of Labour (Standing Orders) Act, 1965 says that a judgment of a Labour Court would be "final" there is no scope for him to prefer any Appeal to the Labour Appellate Tri­bunal. Although the new act of 20......reby declared to have been passed without lawful authority and is of no legal effect. There shall be no order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 122. ..

Category: Labour and Industrial Law | Date: 15 May, 2012 | Hits: 23

Advocate Murshedur Rahman Chowdhury Vs. Bangadesh and others, 2012, 41 CLC (HCD)

....han, learned senior counsel appearing along with Mr. AKM Fakrul Islam, learned advocate, for the petitioner, submits that the impugned amendments have been made for bringing some new persons info the scope of the trial by the International Crimes Tribunal ("ICT") with mala fide intention. ......an application which does not call for issuance of rule and do reject the application summarily.   Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 63 & 69   ..

Category: Constitutional Law, International Crimes Tribunal Law | Date: 13 May, 2012 | Hits: 6

Md. Shahidul Islam Vs. State and another, 2012, 41 CLC (HCD)

....e, cognizable Court No.1 Pabna is hereby quashed. Send a copy of this judgment to the concerned Court immediately. Ed. This Case is also Reported in: 20 BLT (HCD) (2012) 545. ......0.20JO, the Police arrested the petitioner from his office City Hospital Ltd., Sath Mosjid Road, 1/8 Block-E, Lalmatia, Mohammadpur, Dhaka and on 28.12.2010 the petitioner moved an application for bail through his Advocate before the said Magistrate, Md. Abul Kalam Azad, brother of the complaina..

Category: Criminal Law | Date: 13 May, 2012 | Hits: 6

Maisha Corporation (Pvt.) Ltd Vs. Bangabandhu Sheikh Mujib Medical University (BSMMU) and others, 2012, 41 CLC (HCD)

....nder, only the financial spe­cification use to be considered according to the two stage tendering method under the regulation 39 of the Public Procurement Regulation (PPR) 2003. That there was no scope to change the earlier technical specification without consent of the BSMMU. But the claimant-C...... as to costs. Send down the LCRs along with a copy of the judgment to the Court below immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 194.     ..

Category: Arbitration Law | Date: 10 May, 2012 | Hits: 16

Professor Muhammad Yunus and another Vs. Bangladesh, 2012, 41 CLC (AD)

....sion ‘ব্যাবস্থাপনা পরিচালক’ and ‘কর্মী’ having been separately defined in clause 2.0 (O) and (P) respective­ly, there is no scope to apply the Regulations for deciding the terms and conditions of the office of the Managing D......ve observations. The parties would bear their respec­tive costs. Ed. This Case is also Reported in:  VIII ADC (2011) 834, 17 MLR (AD) (2012) 121, 64 DLR (AD) (2012) 152 ..

Category: Banking Law | Date: 5 May, 2012 | Hits: 220

State Vs. Md. Kamal Hossain alias Md. Kamal Pramanik, 2012, 41 CLC (AD)

....essions Judge, Natore) within 2(two) weeks from the date of receipt of this order and then to enlarge him on bail to his satisfaction. Ed. This Case is also Reported in: 9 ADC (2012) 709. ......l No.2970 of 2006 (arising out of Nari-O-Shishu Nirjatan Case No.31 of 2004 passed by the Sessions Judge, Natore) within 2(two) weeks from the date of receipt of this order and then to enlarge him on bail to his satisfaction. Ed. This Case is also Reported in: 9 ADC (2012) 709. ..

Category: Women and Children | Date: 29 Apr, 2012 | Hits: 27

Sarwar Kamal Vs. State, 2012, 31 CLC (HCD)

....e the trial Court complying the direction of the High Court Division and after issuance of the war­rant of arrest the petitioner became fugitive from justice and after his surrender there might be a scope to give effect of the order of the Ministry of Home affairs as claimed by the petitioner. ......nformation Report and Police Report; ii) the evidence; iii) Judgment of the trial Court and appel­late Court, if any; iv) information whether during trial or appeal the convict was on bail or in custody or on absconsion; v) how long the convict is in custody after conviction and..

Category: Criminal Law | Date: 25 Apr, 2012 | Hits: 98

Government of Bangladesh and oth­ers Vs. Md. Badal and another, 2012, 41 CLC (AD)

....h from Singapore and produced any receipt of purchase of the gold before the cus­toms authority and the entire gold being 126 pieces were recovered and seized from Abul Hossain alone; there was no scope of deciding those disputed facts sitting in a summary proceed­ings relying on the statements......m, they were illegally handed over to Kotwali Police Station, Sylhet and then separate first infor­mation report (FIR) was lodged against each of them. All the petitioners, subsequently, obtained bail from the High Court Division. Meanwhile, the police after investigation submitted final report..

Category: Criminal Law | Date: 17 Apr, 2012 | Hits: 20

Most. Umme Shaheda Akhter Rina & othersVs. Ayub Ali and others, 2012, 41 CLC (AD)

....judgment delivered by the appellate Court restoring the order passed by the learned Joint District Judge appointing receiver in respect of the suit land. 12. He further submits that there is no scope for putting a third party as a receiver of property of a joint family and admittedly when the ......on from selling any portion of the suit land without prior permission of the trial Court, if so advised. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 94; 17 MLR (AD) (2012) 235. ..

Category: Civil Law | Date: 16 Apr, 2012 | Hits: 92

Md. Ismail and another Vs. Abul Kashem and others, 2012, 41 CLC (AD)

....the land transferred in favour of this co-preemptor. The learned advocate has argued that since the trial court earlier rejected the same application for being transposed as co-preemptor there was no scope for the trial court to add this opposite party No.23 as a co-pre-emptor at a subsequent stage.......eposited within 1 (one) month. The petitioners are permitted to pre­pare the paper book out of Court in accor­dance with Rules. Ed. This Case is also Reported in: 9 ADC (2012) 570. ..

Category: Property Law | Date: 15 Apr, 2012 | Hits: 149

Commissioner of Customs Vs. Faridul Alam, 2012, 41 CLC (AD)

....ld not be materialized; the imported item is a restrict item but the respondent imported the same by mis-declaring and, as such, the imported goods being liable to be confiscated there is no legal scope to release the same; the assessment was duly completed within time but then on 100% physical ....... Accordingly, the appeal is allowed. The impugned judgment and order is set-aside. There will be no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 133. ..

Category: Fiscal/Taxation Law | Date: 11 Apr, 2012 | Hits: 9

Securities and Exchange Commission Vs. Dona Securities and others, 2012, 41 CLC (AD)

....e High Court Division traveled beyond its jurisdiction, therefore the judgment of the High Court Division is not sustainable in law; III. For that the manner of manipula­tion falling within the scope of fraud­ulent acts as specified under section 17 of the Securities and Exchange Ordinance ca....... The Magistrate took cognizance under section 25 of the Securities and Exchange Ordinance. The accused A.K.M. Shamsudohha appeared before the High Court Division and obtained ad-interim anticipatory bail. The case was then trans­ferred to the Court of Sessions Judge, Dhaka and at the time of heari..

Category: Business or Commercial Law | Date: 10 Apr, 2012 | Hits: 212