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Padma Oil Company Ltd Vs. Commissioner of Taxes, 2012, 41 CLC (HCD)
....;ing of petroleum products as its commissioner agent the said decision made in the said income tax reference application is equally applicable to the instant assessee-applicant. 10. On the other hand, learned deputy attorney-general Mr. Abdur Rahim Bhuiyan without taking any pain of argume......ompany is engaged in business of distribution petroleum product under the Bangladesh petroleum corporation and derives income from commission money, rate of which was time to time, fixed by the government upon distribution and marketing of petroleum and alike product to various government offic......disposed of and the order of stay passed earlier by this court is vacated. 24. However, there shall be no order as to cost. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 226 ..Category: Fiscal/Taxation Law | Date: 7 Aug, 2012 | Hits: 5
Bangladesh Telecommunications Company Ltd Vs. CPTU, 2012, 41 CLC (HCD)
.... further find that if there is no specific provision of appeal or filing complaint in the relevant Loan Agreement, then Sections 29 and 39 of PPA and Rules 56 to 60 will be applicable. In the case at hand, since there is no contradiction between the Loan Agreement and the PPA and PPR and, furth......o submit a bid and, therefore, the order passed by Review Panel is bad in law and liable to be declared without lawful authority………..........(8) Prevalence of Loan Agreement over PPA The Proviso to clause (Gha) of Section 3(2) of PPA, 2006 provides that if any contradi......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)
....sult, they are given appointment as Aircraft Mechanic. Their educational qualification should be SSC (Science) and HSC (Science) having minimum second division in both examinations. On the other hand, for the casual labour, no specific qualification and training is required. The respective......subsequently the said period was extended the 4th/5th time and lastly was extended until 18-4-2004. The petitioners quoted the relevant provision in respect of the academic qualification for the 'overhaul and other trades', issue No.4 of General Engineering Manual of Biman Bangladesh Airline......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. ..Category: Labour and Industrial Law | Date: 7 Aug, 2012 | Hits: 18
Shahjahan Khalifa and others Vs. State, 2012, 41 CLC (AD)
....tion witness under section 161 of the Code of Criminal procedure cannot be considered fatal if the evidence adduced by them in court appears to be credible after sifting. 14. In the case in hand, both the trial Court and the High Court Division properly assessed the evidence of the witness......amed charge against the accused including the leave petitioners under sections 302/34 of the Penal Code. In presence of the accused including convict-petitioners in the dock, the charge was read over to them who pleaded not guilty and demanded trial. The prosecution examined 22 witnesses in sup......iation of laws and facts do not call for interference. Accordingly, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 95. ..Category: Criminal Law | Date: 6 Aug, 2012 | Hits: 7
Shahjahan Khalifa and others Vs. State, 2012, 41 CLC (AD)
....cution witnesses under section 161 of the Code of Criminal Procedure cannot be considered fatal if the evidence adduced by them in court appears to be credible after sifting. 16. In the case in hand, both the trial Court and the High Court Division properly assessed the evidence of the witness......ge framed charge against the accused including the leave petitioners under sections 302/34 of the Penal Code. In presence of the accused including convict-petitioners in the dock, the charge was read over to them who pleaded not guilty and demanded trial. 6. The prosecution examined 22 witnesse......ade on proper appreciation of laws and facts do not call for interference. Accordingly, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: 6 Aug, 2012 | Hits: 113
Yousuf Chowdhury (Md.) Vs. Md. Emran and another, 2012, 41 CLC (HCD)
....m the plaintiff was returned back and thus, erred in law in dismissing the appeal. 7. Mr. Abdul Wadud Bhuiyan, learned Advocate, entering caveat on behalf of the plaintiff-respondent, on the other hand, supported the impugned judgment and decree on the submission that the High Court Division bein...... the lacuna of his case. In view of the above, we do not find any merit in the leave petition. Accordingly, the same is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 112. ...... the lacuna of his case. In view of the above, we do not find any merit in the leave petition. Accordingly, the same is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 112. ..Category: Civil Law | Date: 5 Aug, 2012 | Hits: 40
Yasin Rahman @ J Rahman Yasin @ Titu Vs. State, 2012, 41 CLC (AD)
.... SC 801; Charan Singh Vs. State of UP, AIR 1967 SC 520; Dharam Das Vs. State of UP, AIR 1975 SC 241; SP Vhatnagar Vs. State of Maharashtra, AIR 1975 SC 826; Taslimuddin Vs. State, 44 DLR 136, Keshab Chandra Mistry Vs. State, 1985 BLD (AD) 301; Allah Ditta (Supra), 11 DLR (SC) 38; Hasen All Vs. State......y Madhumaloty Chowdhury Barua, Advocate-on-Record—For the Respondent. Criminal Appeal No.33 of 2011. (From the judgment and order dated 28-3-2007 passed by the High Court Division in Government (Criminal) Appeal No.34 of 2002 heard along with Government (Criminal) Appeal No.28 of 200......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. ..Category: Criminal Law | Date: 1 Aug, 2012 | Hits: 36
National Board of Revenue Vs. Abu Saeed Khan and others, 2012, 41 CLC (AD)
.... the ultimate decision in the Case that the determination of tariff value should be in accordance with rules. More so, the facts of that case are quite distinguishable, inasmuch as, in the case in hand there is no dispute regarding the difference in price for determining tariff value. 28.&n......ion". In this type of petition, a jurisprudence has been innovated where a public spirited person or organization invokes the jurisdiction of the court, on behalf of such persons, who by reason of poverty, lack of education, helplessness, social disabilities or economic paucity cannot seek legal ......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. ..Category: Fiscal/Taxation Law | Date: 1 Aug, 2012 | Hits: 27
Monindra Nath Biswas Vs. Kantaram Mondal and others, 2012, 41 CLC (HCD)
.... inter alia, that those lands belonged to Keshab Lai Mondal who gave a proclamation for transfer of those lands and the plaintiff intended to purchase the same. The defendant's father Akhil Chandra Biswas was the sister's husband of the plaintiff and he used to live in the mess of the p...... made out and in that case it is essential for the ends of justice to allow the defendant to submit additional written statement and to adduce more evidence........ (34) Cases Referred to- Government of Bangladesh Vs. Sheikh Hasina, 60 DLR (AD) 90, 42 DLR 434; 12 MLR (AD) 105; Government o......his Court stands vacated. The office is directed to send the lower Court's record. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 308. ..Category: Property Law, Procedural Law | Date: 31 Jul, 2012 | Hits: 5
MA Gafur Vs. Registrar of Joint Stock Companies and Firms & ors, 2012, 41 CLC (HCD)
.... on 15-5-2012 or on any other date to amend the aforesaid articles in the manner as proposed. 4. The learned Advocate Mr. Rais Uddin Ahmed, appearing for the Respondent Nos.2 and 5, on the other hand, submits that the petitioner has not come in clean hands before this court. He further sub......oth sides. This matter shall stand disposed of upon receiving and accepting the affidavit of compliance as mentioned above. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 72. ...... preventive in nature under section 233 of the Act is to be exercised to protect interest of the minority shareholders from being prejudiced by the majority shareholders as well as to prevent mismanagement as regards the affairs of the company, either by majority of the members or by the d..Category: Company Law | Date: 31 Jul, 2012 | Hits: 16
Energy Prima Ltd Vs. People's Republic of Bangladesh and others, 2012, 41 CLC (HCD)
.... 29, 2012. Result: Both the Rules are discharged. Cases Referred to- State of UP Vs. Bridge & Roof Co. (India) Ltd. Reported in AIR 1996 SC 3515 at 3520; Kanaiyalal Lalchand Sachdey Vs. State of Maharrashtra, 2 SCC 782; Central Bank of India Vs. Devi Ispat Ltd, 11 SCC ......llows: 5. The petitioner is doing the business of generating and selling of electricity on rental basis or under IPP, BOO & EOT basis by setting by power plant in Bangladesh. The Government of Bangladesh in order to meet the electricity crisis decided to purchase electric p......anted earlier by this Court is hereby vacated accordingly. There is no order as to costs. Communicate this judgment at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 67 ..Category: Business or Commercial Law, Constitutional Law | Date: 29 Jul, 2012 | Hits: 6
Md. Arfan Ullah alias Arfan and others Vs. The State, 2012, 41 CLC (HCD)
....of Habibur Rahman Mollah (Ex-Member of Parliament, Dhaka-4) Vs. State and another, reported in 62 DLR (AD) 233 and the case of Faridul Alam Vs. State, reported in 61 DLR (AD) 93. 7. On the other hand Mr. Mapjur Kader, learned Assistant Attorney General appearing for the State submits that on in...... the rule and extended from time to time is hereby vacated. Communicate a copy of this judgment to the Court concerned expeditiously. This Case is also Reported in: 21 BLT (HCD) (2013) 28 ...... the rule and extended from time to time is hereby vacated. Communicate a copy of this judgment to the Court concerned expeditiously. This Case is also Reported in: 21 BLT (HCD) (2013) 28 ..Category: Criminal Law, Procedural Law | Date: 25 Jul, 2012 | Hits: 1
Ishaque Ali (Md.) Vs. State, 2012, 41 CLC (HCD)
....e Munshi Vs. State, 44 DLR (AD) 137; State Vs. Abul Kalam, 5 BLC 230; Hafez Munshi alias Hafizur Rahman Vs. State, 13 BLD 461. Lawyers Involved: AKM Sarwar Jatum, with Zulfiqure Matin, and Khandaker ]ahirul Hoque, Advocate—For the Appellant. Md, Fazlur Rahman Khan, DAG, with Yes......from his hand and he collected a Sabol. During the occurrence once he tries to get down from the chowki but he was chopped by the dagger in his leg by the thief from under the chowki and he jumped up over the chowki. Subsequently, he switched the light of the room and found the victim. H......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 ..Category: Criminal Law | Date: 25 Jul, 2012 | Hits: 9
Faizur Rahman (Md.) and another Vs. Mokarram Hossain and others, 2012, 41 CLC (HCD)
.... possession. 3. It is plaint case that suit land originally belongs to Amol Sing Bahadur, Sib Krishana Sing Bahadur, sons of late Maharaj Pran Krishna Sing Bahadur, Maharaj Kumod Krishna, Nirod Chandra Sing, Nogendra Chandra Sing and Dijendra Chandra Sing sons of late Maharaj Krishana Singh Bah......of Syed AJi Habib, son of, Syed Abdul Latif was duly recorded in SA Khatian No.Sabek 1328 Hal 804, SA dag No.1800, area of land measuring 0473 Ajutangsha. Being bona fide owner in possession he paid Government rents, taxes of the suit land to the concerned authorities in time. Syed Ali Habib died le......ent as vested property as original owner left for India before 1947, as such, the suit property has been rightly declared as enemy property as vested property and Government having possession and its management, plaintiff can not claim title of vested property and the suit is liable to be dismissed ..Category: Property Law | Date: 25 Jul, 2012 | Hits: 10
AKM Shafiuddin Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....ooq Ahmed Khan Leghari Vs. Federation of Pakistan, PLD 1999 SC. 57, Ministry of Finance Vs. Mr. Md. Masder Hossain, 2000 BLD (AD) 104, S.P. Gupta Vs Union of India, AIR 1982 SC 149, India Vs Sankal Chand Himatlal, AIR 1977 S.C. 2328, S.C. Advocates-on-record Vs Union of India, AIR 1994 SC page 268,......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 of Block-C by 05.06.2012 and two rooms in Block-A on that date. On 29.05.2012,......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: ..Category: Constitutional Law | Date: 24 Jul, 2012 | Hits: 236
Nalu Vs. State, 2012, 41 CLC (AD)
....dering the age his sentence of death should be commuted to one for imprisonment of life. 12. Mr. Md. Shohrowardi, learned Deputy Attorney General, appearing on behalf of the State, on the other hand, submits that the confession of the condemned-prisoner is not only true but also voluntary and ......s cousins, Nalu and Rubel called away Emran for eating mango. After that, there was no trace of Emran. The following day at 12.00 noon, two mangoes were found in the maize field of the accused Nalu, covered with leaves and grass and after removing the same the dead body of Emran was found. After tha......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: ..Category: Criminal Law | Date: 22 Jul, 2012 | Hits: 111
A.N. Istiaq Ahmed Vs. Abdus Salam Khan and others, 2012, 41 CLC (AD)
.... Rafique-ul Huq, Senior Advocate with Ahshanul Karim, Advocate instructed by Mvi. Md. Wahidullah, Advocate-on-Record- For the Petitioner. Rokanuddin Mahmud, Senior Advocate instructed by Bivash Chandra Biswas, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No.663 ......ion, it was stated, inter 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 chun...... the High Court Division stands modified accordingly. (d) The office is directed to communicate a copy of this judgment to each of the abovenamed persons. Ed. This Case is also Reported in: ..Category: Civil Law | Date: 19 Jul, 2012 | Hits: 147
Aysha Siddiqua Vs. Fazilatunnesa and other, 2012, 41 CLC (AD)
....e concurrent findings of all the three courts below. So, we find no merit in this leave petition and hence it is dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 117. ......ization. The plaintiff was the first General Secretary and coordinator of the said samity since its incorporation in 1989. The said samity was registered under the Department of Women Affairs of the Government of Bangladesh and got government as well as foreign grants. The said samity was an au......rganization. That since four members of the previous committee of Banachhaya Mohila Kallayan Samity resigned and the plaintiff was removed from the post of General Secretary for the mismanagement created by her in the samity an ad-hoc committee was formed and this ad-hoc committee hel..Category: Others | Date: 15 Jul, 2012 | Hits: 6
Abdur Rashid Akanda Vs. Md. Raisuddin and others, 2012, 41 CLC (HCD)
...........(4) Cases Referred to- Kohinoor Chowdhury Vs. Sree Kamada Ranjan Bhattacharja, 20 BLT (AD) 47; Debabaria Chatterjee Vs. Md. Munsur Ali, 36 DLR 136. Lawyers Involved: Manoj Chandra Bhadury, Advocate-For the Defendant-Appellant-Petitioner. No one appears-For the Opposit......ay consumed due to wrong advise of his lawyer." 5. Section 5 and 14 of the Limitation Act are for condonation of delay. Condonation means pardon or forgiveness and in too generous over look. It is implicated to give a defaulting party to knock the door of Justice if the offe...... revisional application in appropriate motion bench immediately. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 81 & 21 BLT (HCD) (2013) 1 ..Category: Limitation Law | Date: 12 Jul, 2012 | Hits: 18
.... was issued at the instance of the petitioners for not complying with an order passed by this Court on 2-5-2012, in company Matter No. 116 of 2006, whereby the contemner (as receiver) was directed to hand over the management of the company to the incumbent Board of directors alongwith all papers and......issued at the instance of the petitioners for not complying with an order passed by this Court on 2-5-2012, in company Matter No. 116 of 2006, whereby the contemner (as receiver) was directed to hand over the management of the company to the incumbent Board of directors alongwith all papers and docu...... the instance of the petitioners for not complying with an order passed by this Court on 2-5-2012, in company Matter No. 116 of 2006, whereby the contemner (as receiver) was directed to hand over the management of the company to the incumbent Board of directors alongwith all papers and document..
Category: Contempt of Court Law | Date: 10 Jul, 2012 | Hits: 5
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