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Kaisor-uz-Zaman (Md.) Vs. State, 2012, 41 CLC (AD)
....le of the Act, 1957, neither the offence has been defined nor has it been stated that the offence means the offence under the Act. In sub-section (1) of section 3 of the Act, it has been clearly stipulated that notwithstanding anything contained in the Police Act, 1861, the Government may ...... Bidhimala framed thereunder keeping in view of the observations and the findings given by this Court in the judgment. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 101. ..Category: Anti-Corruption Laws | Date: 8 Oct, 2012 | Hits: 6
Engineer Afsaruddin Ahmed and others Vs. State and another, 2012, 41 CLC (HCD)
....a director who issued the work order and accused No.4 is the owner and chairman of the company namely Ibrahim Iqbal Memorial Hospital Limited. Since no payment against the cheques was made within the stipulated period mentioned in the legal notice, the complainant filed this instant case on 27-2-200......who issued the work order and accused No.4 is the owner and chairman of the company namely Ibrahim Iqbal Memorial Hospital Limited. Since no payment against the cheques was made within the stipulated period mentioned in the legal notice, the complainant filed this instant case on 27-2-2007 against t..Category: Civil Law | Date: 8 Oct, 2012 | Hits: 21
Moudud Ahmed Vs. Anti-Corruption Commission and another, 2012, 41 CLC (HCD)
....h the Special Case in accordance with law. Send a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 778. ......ting subsection (2) in section 18 on 18-4-2004, by ordinance No.VII of 2007. Sub-section (2) provides for ex-post facto ratification of the acts done by the officers of the Commission during the period from 7-2-2007 to 24-2-2007, without any authorization from the Commission, but the question o..Category: Anti-Corruption Laws | Date: 7 Oct, 2012 | Hits: 95
Motaher Hossen Vs. Bangladesh Commerce Bank Limited and others, 2012, 41 CLC (HCD)
....nt of the bodies to complete the process of IPO is hereby deleted, in consequence. Cost will be borne by the company. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 393. ......hich means that an individual share holder, holding small number of shares, of the defendant company by sheer abuse of the process of court has been able to stop the AGM of the Bank for an indefinite period which is prejudicial to a huge number of other shareholders and depositors of the bank as wel..Category: Company Law | Date: 2 Oct, 2012 | Hits: 14
Hedayet Ullah and others Vs. State, 2012, 41 CLC (HCD)
....arged. The order of stay granted earlier stands vacated. Offence is directed to communicate the order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 272. ...... is filed later than a criminal case has already been disposed of in that case there is no bar to proceed with the criminal case........ (7) Criminal Proceedings should not run for an indefinite period It is well settled that the criminal proceedings should not be at all have indefinite pe..Category: Criminal Law | Date: 22 Aug, 2012 | Hits: 9
Orascom Telecom Bangladesh Ltd Vs. Bangladesh and others, 2012, 41 CLC (HCD)
.... be paid at source, the petitioner will have to add an amount calculating at the rate of 15% of the total demanded amount as VAT, withhold the same and deposit it in the exchequer directly within the stipulated time period. 42. In the present case, petitioner's core contention is that as pe....../327-2278 dated 30-9-2008 had informed the Chief Executive Officer of the Petitioner's company that the Respondent No.1 was pleased to assign 2.6 MHz Spectrum in GSM-1800 MHz band for a period of 18 years to the petitioner. According to the terms and conditions No.1 of the said Letter ..Category: Fiscal/Taxation Law, Information Technology Law | Date: 14 Aug, 2012 | Hits: 19
.... at-once to the court concerned for information and necessary action.
33. Send back the Lower Court's Record immediately.
Ed.
This Case is also Reported in: 21 BLT (HCD) (2013) 3
......absence of anybody. It is a fact that the plaintiff-petitioner was not present for the time being in this country (the then East Pakistan). But the temporary absence of the plaintiff for a particular period does not diver him from getting his right in holding citizenship of Bangladesh, The learned c..
Category: Constitutional Law, Employment/Service Law | Date: 8 Aug, 2012 | Hits: 3
Government of Bangladesh Vs. ATM Mannan and another, 2012, 41 CLC (AD)
....the Rule absolute. Accordingly, the appeal is allowed and the impugned judgment is set-aside. There is no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 10. ......ion to release the said property from the list. 3. The case of the respondents was that the property in question originally belonged to Syed Ali Hasan who obtained the same by way of lease for a period of 99 years, commencing on 15th December, 1961 from the erstwhile Government of East Pakistan..Category: Property Law | Date: 8 Aug, 2012 | Hits: 84
Bangladesh Telecommunications Company Ltd Vs. CPTU, 2012, 41 CLC (HCD)
....Development Project". As per the said Loan Agreement, the Guidelines for Procurement and Section 4.01. of the General Terms and Conditions pertaining to the employment of consultants shall be as stipulated in Procurement Procedure attached as Scheduled which provides that procurement of all goo......y Review Partel-2 within 2 weeks from the date of the receipt of this order. There, however, shall be no order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 98. ..Category: Information Technology Law | Date: 7 Aug, 2012 | Hits: 10
Bangladesh Biman Corporation and others Vs. Md. Zahangir Farazi and others, 2012, 41 CLC (AD)
....d as permanent in their respective post and places where they had worked since the date of their joining in the respective post. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 116. ......ter a short gap for 3 days, they continuously worked till 13-10-1996 and then till date. After the appointment of the petitioners for the 3rd 90 days, their services were extended for indefinite period and some of them unintentionally broke 3(three) days till their working upto 18-4-2004. ..Category: Labour and Industrial Law | Date: 7 Aug, 2012 | Hits: 18
Yousuf Chowdhury (Md.) Vs. Md. Emran and another, 2012, 41 CLC (HCD)
....ipt of Taka 1,50,000 as earnest money out of total consideration of Taka 2,00,000 executed a registered agreement on 27-9-1982 for selling the suit property to the plaintiff. In the agreement, it was stipulated that on receipt of balance consideration of Taka 50,000 and after obtaining income tax cl......e. On receipt of the legal notice, the defendant gave an undertaking on 1-9-1984 to execute and register the kabala within 2(two) months but he did not execute and register the kabala within the said period; hence the suit. 3. The defendant (since deceased) contested the suit by filing written st..Category: Civil Law | Date: 5 Aug, 2012 | Hits: 40
Yasin Rahman @ J Rahman Yasin @ Titu Vs. State, 2012, 41 CLC (AD)
....ith the judgment of Surendra Kumar Sinha, J. Order of the Court This appeal is, however, dismissed by majority decision. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 8. ...... acts of all. So we find, to prove a charge of conspiracy it is required to consider, two circumstances; (a) that the act shall be in reference to their common intention; and (b) in respect of a period after such intention was first entertained by one of them. The object of the section is ..Category: Criminal Law | Date: 1 Aug, 2012 | Hits: 36
National Board of Revenue Vs. Abu Saeed Khan and others, 2012, 41 CLC (AD)
....victims. The appeals are, therefore, allowed without any order as to costs with the above observations. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 116. ......, 2005, the tariff value was refixed on 30th June, 2005 at Taka 1,628.96, and the supplementary duty of Taka 570.14, VAT Taka 329.86 totaling Taka 900. It was brought to our notice that during the period between 9th June, 2005 and 7th June, 2006, the mobile phone operators, such as, Bangla Link,..Category: Fiscal/Taxation Law | Date: 1 Aug, 2012 | Hits: 27
Energy Prima Ltd Vs. People's Republic of Bangladesh and others, 2012, 41 CLC (HCD)
....stion were entered into prior to the law for deducting the Advance Income Tax. The petitioner having participated in the bid relying that the PDB would pay income tax, clause 5.1 of the policy having stipulated that private power companies will be exempted from the income tax and the said SRO h......r taxes, VAT, duties, levies, all other charges imposed or incurred inside Bangladesh for the importation of plant/equipment before Commercial Operation Date and for operation throughout the contract period. In this regard, the Rental Power Company shall submit to BPDB Bank certified copy of Pro-for..Category: Business or Commercial Law, Constitutional Law | Date: 29 Jul, 2012 | Hits: 6
Ishaque Ali (Md.) Vs. State, 2012, 41 CLC (HCD)
....r, Meherpur and District and Sessions Judge, Meherpur. Send down the LC Record at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 453 ......rs that the accused made confessional statement on question wise and the Magistrate did not record the statement in verbatim. Furthermore, the accused was kept under armed police constable during the period of reflection. In the case of Ghulam Rasool Vs. The State reported in 2977 Pakistan Criminal ..Category: Criminal Law | Date: 25 Jul, 2012 | Hits: 9
AKM Shafiuddin Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....on. Accordingly we have decided to dispose this matter with observations. Consequently, this application is disposed of with the observations made above. Ed. This Case is also Reported in: ......emners appeared in person before the Hon'ble Court and assured that Block-C of the Sarak Bhabon shall be vacated in its entirety by 02.05.2012 but they failed to comply with the order within the said period in its entirety. On 14.05.2012, the said Division Bench directed to handover the rest portion..Category: Constitutional Law | Date: 24 Jul, 2012 | Hits: 236
Jamat Ali Vs. State, 2012, 41 CLC (AD)
.... Jamat Ali is commuted to imprisonment for life. Let the copy of this judgment be sent down to the trial court concerned at once. Ed. This Case is also Reported in: 9 ADC (2012) 889. ...... of the Penal Code also and sentenced them thereunder to rigorous imprisonment for 7 (seven) years and to pay fine of Tk. 10,000/- each, in default, to suffer rigorous imprisonment for a further period of 1(one) year each. The learned trial judge made a reference under section 374 of the Code o..Category: Criminal Law | Date: 23 Jul, 2012 | Hits: 70
Nalu Vs. State, 2012, 41 CLC (AD)
....e sentence of the death to one of imprisonment for life. Accordingly, Jail Petition No.09 of 2010 is dismissed with the modification of sentence. Ed. This Case is also Reported in: ......isoner would not be likely to commit acts of violence if released. 4. Confinement of the condemned-prisoner in the condemn cell from 09.06.2005 till date i.e. for more than 7 years during which period the sword of death has been hanging on his head. The mitigating circumstances outweigh ..Category: Criminal Law | Date: 22 Jul, 2012 | Hits: 111
A.N. Istiaq Ahmed Vs. Abdus Salam Khan and others, 2012, 41 CLC (AD)
....ing a list of members of the General Council, to the nominated by the affiliated clubs, organizations and such other bodies as are designated by the constitution, in accordance with the provisions as stipulated in the Federation’s constitution. The Secretary, Ministry of Sports is hereby direct......alia, that the Federation is a body corporate, explicitly cited in Part 1 of the Schedule to the Bangladesh Sports Council Act, 1974, of which President is nominated by the Government. It survives on periodic grants extended by the Government. It is situated on a large chunk of land of Rajuk conveye..Category: Civil Law | Date: 19 Jul, 2012 | Hits: 147
....ponding to G.R. No.40 of 2007, pending before the learned Special Judge, Rangpur should not be declared to be without lawful authority, inasmuch as the investigation could not be completed within the stipulated period of 60 (sixty) days as provided under rule 10 of the Anti-Corruption Commission Rul......les, 2007, Rule 10
Since rule 10 of the Rules, 2007 does not incorporate any consequence as such, for non-compliance of the same with regard to conclusion of investigation within the prescribed period of time cannot be treated as mandatory, rather it is directory. However, in such cases while ..
Category: Anti-Corruption Laws | Date: 18 Jul, 2012 | Hits: 23
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