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Kazi Nasir Uddin Babul Vs. State, 2012, 41 CLC (HCD)
....s presently on bail is discharged from the bail bond. The Office is directed to send down the records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 174. ......s presently on bail is discharged from the bail bond. The Office is directed to send down the records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 174. ..Category: Criminal Law, Arms Law | Date: 4 Sep, 2012 | Hits: 10
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. ......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. ..Category: Criminal Law | Date: 22 Aug, 2012 | Hits: 9
Orascom Telecom Bangladesh Ltd Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....47. From the aforesaid letter dated 17-10-2011 it is also clear that NBR did not claim any additional fees for the 2.6 MHz spectrum. 48. By the said letter they only notified the petitioner, the mandatory requirement for consideration of their Cellular Mobile Phone Operator License as per guide......XIATA respectively with a value of Taka 80 (eighty) crore per MHz uplink and downlink for 18 (eighteen) years from the date of assignment subject to the renewal of the license. 9. However, other provisions of these guidelines shall be applicable for respective licensee(s). On 9-10-2011, the Pet..Category: Fiscal/Taxation Law, Information Technology Law | Date: 14 Aug, 2012 | Hits: 19
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. ......nt of Article 7 of the PO 16 of 1972 or section 5(1) (b) of the Ordinance No.LIV of 1985. Thus the very inclusion of the case property in the list of abandoned buildings is violative of the aforesaid provisions of law and, as such, the same has been done without lawful authority and is of no legal e..Category: Property Law | Date: 8 Aug, 2012 | Hits: 84
Bangladesh Telecommunications Company Ltd Vs. CPTU, 2012, 41 CLC (HCD)
....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. ......d conditions of the Loan Agreement shall apply and the PPA and PPR are not applicable. Prevalence of Loan Agreement where If there is anything in the Loan Agreement which is contrary to the provisions of PPA or PPR, only then the provision of the Loan Agreement shall prevail. Other wise, t..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. ......d parties contested the said IRO cases by filing written objection contending, inter alia, that the cases were not maintainable under section 34 of the Ordinance, 1969 as amended as well as under the provisions of Employment of Labour (Standing Orders) Act, 1965 (the Act, 1965). The respective first..Category: Labour and Industrial Law | Date: 7 Aug, 2012 | Hits: 18
Golam Rahman Vs. Registrar of Joint Stock Companies and Firms and others, 2012, 41 CLC (HCD)
.... Let a copy of the judgment and order be sent to the Registrar of Joint Stock Companies & Firms. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 477. ......others.........Respondents Judgment August 6, 2012. Result: The application is allowed. The Companies Act, 1994 (XVIII of 1994) Section 43(3) In accordance with the provisions of sub-section 3 of section 43 of the Companies Act, 1994 the court has power to ascertai..Category: Company Law | Date: 6 Aug, 2012 | Hits: 8
Yousuf Chowdhury (Md.) Vs. Md. Emran and another, 2012, 41 CLC (HCD)
.... 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. ......nt onus was squarely upon him to prove the same, but he did neither prove the said cassette before the trial Court nor took any step to prove the same as additional evidence by taking recourse to the provisions of Order XLI of rule 27 of the Code of Civil Procedure although the first appeal had rema..Category: Civil Law | Date: 5 Aug, 2012 | Hits: 40
State Vs. Md. Artful Islam @ Arif, 2012, 41 CLC (AD)
....rent powers. The judgment of the High Court Division is set-aside. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 82. ......ry. 2. Accused respondent was said to have been involved in connection with a Motijheel police station case. The case was started in connection with offences punishable under different provisions of the Penal Code including murder and Explosive Substances Act. The police ultimately su..Category: Procedural Law | Date: 2 Aug, 2012 | Hits: 7
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. ......w of its previous decision by the apex court are:(a) if some aspects of the question remained unnoticed; or (b) if the attention of the Court was not drawn to any relevant and material statutory provisions; or (c) if any previous decision of the Court hearing on the point was not noticed; or (d..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. ......tly there is no nexus with the tariff value as fixed with the value of the SIM/RUIM Cards imported or produced locally, if there be any................ The supply of SIM Cards, having regard to the provisions of section 5(4) cannot be said to be or considered to be "service rendered" rather it is..Category: Fiscal/Taxation Law | Date: 1 Aug, 2012 | Hits: 27
Monindra Nath Biswas Vs. Kantaram Mondal and others, 2012, 41 CLC (HCD)
....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. ......he suit upon the question of benami acquisition of property by the plaintiff, in the trial Court as well as in the lower appellate Court. Order VI, rule 17 of the Code of Civil Procedure provides the provisions for allowing amendment of plaint to determine the real question of controversy. Here in t..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)
....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. ......ibers, subscribing for total 2000 numbers shares of Taka 100 each. These 4 subscribers each has subscribed for 5,000 shares equally. Article 14 and Article 26 of the Articles of Associations contains provisions to form quorum requiring presence of all 4 Members, for holding the General Meetings as w..Category: Company Law | Date: 31 Jul, 2012 | Hits: 16
Southeast Bank Ltd Vs. District Magistrate, Chittagong and others, 2012, 41 CLC (HCD)
....ot taking necessary steps. It further appears that the aforesaid law specifically provides the actions to be taken by the respondent Nos.1 and 2. As per the said provision of law, it is incumbent and mandatory on the part of the respondent Nos.1 and 2 to appoint a Magistrate of First Class for handi......r. 3. With these observation and direction the application under Article 102 of the Constitution is disposed of. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 27 ..Category: Constitutional Law | Date: 30 Jul, 2012 | Hits: 1
Energy Prima Ltd Vs. People's Republic of Bangladesh and others, 2012, 41 CLC (HCD)
....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 ......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
State Vs. Md. Aman Ullah Aman, 2012, 41 CLC (AD)
....ll follow the settled statement of law. The impugned order is set-aside. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 81. ......ot in the High Court Division. The High Court Division must not exercise this power when there is alternative remedy and this power cannot also be invoked in respect of any matter covered by specific provisions of the Code of Criminal Procedure. Or in the alternative, the exercise of such power shou..Category: Procedural Law | Date: 26 Jul, 2012 | Hits: 32
Md. Arfan Ullah alias Arfan and others Vs. The State, 2012, 41 CLC (HCD)
....o of Section 202(2A) it appears that the Magistrate who inquires into a case shall call upon the complainant to produce all his witnesses and examined them on oath. The provisions of the proviso is a mandatory one but in the present case the Magistrate who inquired into the case violates the provisi......e reports. Lastly he submits that the learned Magistrate, 3rd Class, who inquired into the case as directed by the learned Magistrate, 1st Class, Cognizance Court No.1, Moulvibazar, violated the provisions of the provisio of Section 202(2A) of the Code of Criminal Procedure and as such the same..Category: Criminal Law, Procedural Law | Date: 25 Jul, 2012 | Hits: 1
Ishaque Ali (Md.) Vs. State, 2012, 41 CLC (HCD)
....rcumstances and the evidence used against him. The accused-appellant was not explained the sum and substance of the prosecution evidence against him. Provision of section 342 of the Code being a mandatory provision of procedural law, the departure from the fundamental principles of the said sec......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)
....s dismissed without any order as to cost. Send down the lower court records. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 46. ......edure laid down in Section 147 and 149 of the State Acquisition and Tenancy Act, 1951, Section 147 of the State Acquisition and Tenancy Act speaks as:— "Appeals-Subject to any special provisions for appeal made in this Part or in any rules made under this Act, as appeal shall lie fro..Category: Property Law | Date: 25 Jul, 2012 | Hits: 10