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Nazrul Islam Vs. State, 2012, 41 CLC (HCD)
....ia Begum, Assistant Attorney-General—For the State Opposite-Party. CriminaI Revision No.165 of 1998. Judgment AKM Shahidul Huq J. - This Rule was issued calling upon the opposite-parties to show cause as to why the impugned Judgment and order dated 18-9-1997 passed by the learne......arrated the occurrence. On the following day he took Asma to Police Station Asma then lodged the case. She was medically examined after the occurrence and Nazrul proposed to compound the case on payment of Taka 10,000 to which he did not agree. In his cross-examination he stated that on the fol......ed. Send down the lower Court records along with a copy of this judgment immediately for information and necessary action. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 114. ..Category: Criminal Law, Women and Children | Date: 29 Aug, 2012 | Hits: 8
Orascom Telecom Bangladesh Ltd Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....e Agreement including additional conditions, an addenda to the amended License Agreement dated 27-12-2004 under Sections 89 and 90 of the BTA. Subsequently, BTRC vide letter Nos. BTRC/SM/4-23/94 part-7/80-834 and BTRC/SM/4-23/94 part-7/80-833 both dated 2-7-2005 issued to the Petitioner, alloca...... ........... (18) License renewal fee must be paid The issue of applicability of VAT and/or liability of the petitioner company to pay the VAT has no relation whatsoever with regard to the payment of license renewal fee and spectrum assignment fee. The petitioner company is bound to pay t......e guidelines 2011 whatsoever. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 148. ..Category: Fiscal/Taxation Law, Information Technology Law | Date: 14 Aug, 2012 | Hits: 19
Tapan and others Vs. State, 2012, 41 CLC (AD)
....as been admitted into evidence, we notice that the injury on the neck is on the left side and not on middle of the neck causing injury to the vocal cords. The other gun shot injuries are on the lower part of the left abdomen, the left side of the buttock and on the legs. In view of the consistent ev......ed with the modification of sentence. Since convicts have preferred regular petitions, jail petitions have rendered infructious. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 174. ......ed with the modification of sentence. Since convicts have preferred regular petitions, jail petitions have rendered infructious. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 174. ..Category: Procedural Law | Date: 13 Aug, 2012 | Hits: 4
Government of Bangladesh Vs. ATM Mannan and another, 2012, 41 CLC (AD)
.... and 3 respectively. The suit was subsequently transferred to the Third Court of Sub-ordinate Judge (Arbitration), Dhaka and renumbered as Other Class Suit No.01 of 2000. The said suit was decreed ex parte by the judgment and order dated 24-7-2000 and Mrs. Farhat Hasan was directed to execute and re......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. ......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. ..Category: Property Law | Date: 8 Aug, 2012 | Hits: 84
Bangladesh Telecommunications Company Ltd Vs. CPTU, 2012, 41 CLC (HCD)
....Petition No.5095 of 2012 is made absolute. Power of a Review Panel Neither PPA, 2006 nor PPR, 2008 has provided any authority upon a Review Panel to declare a company as pre-qualified for a particular project of any purchasing entity. Any company which can not meet the pre-qualification re......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. ......e necessary steps to implement the decision passed by a Review Panel. Foreign Loan Agreement shall prevail Since the project in question is being implemented with the assistance of foreign loan, the terms and conditions of the Loan Agreement shall apply and the PPA and PPR are not applica..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)
....e 4th term in the same post and since then they have been performing their duties to the full satisfaction of their superiors. On 18-12-2000, there was an internal transfer to Line Maintenance Department where they worked until 13-3-2001 and then they were again transferred to the Base Mai...... then they were again transferred to the Base Maintenance wherein they have been working till date. The petitioners were paid at the rate of Taka 65 per day as casual workers on casual basis and payments were made by the Engineering Department, Time Officer, Bangladesh Biman Corporati......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
Yousuf Chowdhury (Md.) Vs. Md. Emran and another, 2012, 41 CLC (HCD)
....ion of the plaintiff, the suit was not maintainable and the same was liable to be dismissed. 4. At the trial, the plaintiff examined two witnesses while the defendant examined four witnesses. Both parties proved documents which were marked as Exhibits. 5. The trial Court by judgment and decree......nce consideration of Taka 50,000 and after obtaining income tax clearance certificate from the income tax authority, the defendant would execute and register the sale deed. The plaintiff made further payment of Taka 39,000 vide pay order dated 13-12-1983 to the defendant and thus, in all, paid Taka ......er alia, that the plaintiff and he were close friends and both of them used to reside at Urdu Road; the defendant being in need of money in connection with his business approached the plaintiff for a loan of Taka 1,50,000. The plaintiff agreed to pay the said amount as loan for 1(one) year on the co..Category: Civil Law | Date: 5 Aug, 2012 | Hits: 40
Yasin Rahman @ J Rahman Yasin @ Titu Vs. State, 2012, 41 CLC (AD)
....ot supported by P.Ws.7, 16 and 20, and therefore, no reliance can be attached to P.Ws. 7, 16, 20; that if the story introduced by P W 32 regarding the threat of Jibran by Titu on the alleged birthday party of P.W. 16 is taken as true, it is quite natural that she (P.W. 32) would have intimated this ......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. ......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)
....rest to the cause involving public wrong or public injury will alone has a locus-standi and can approach the court to wipe out the tears of the poor and the needy ones. All or every default on the part of the Government or a public authority is not immune from interference. No person shall, over......eracy or monetary helplessness. 14. Apart from the above, the following some categories of cases which will be entertained: a) for protection of the neglected children. (b) non-payment of minimum wages to workers and exploitation of casual workers and complaints of violation ......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)
.... Mainuddin with Abdul Hamid Munshi, Advocates—For the Opposite-Parties. Civil Revision No.3711 of 1999. Judgment Shahidul Islam J.- This Rule was issued calling upon the opposite-parties to show cause as to why the impugned judgment and decree dated 28-6-1999 passed by the learn...... plaintiff. The plaintiff purchased the said land for this own benefit and by his own money but in the name of Akhil Biswas by a registered kabala deed dated 18-11-1958. Akhil Biswas did not make any payment towards the consideration of the land. It is the specific case of the plaintiff that he......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)
....business and functioning of the company. Even if the 4 members do adopt an unanimous resolution that can also be prejudicial to the interest of the company in its transaction of business with the 3rd parties or even in doing or ratifying an ultra vires act……………&hel......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. ......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. ..Category: Company Law | Date: 31 Jul, 2012 | Hits: 16
Southeast Bank Ltd Vs. District Magistrate, Chittagong and others, 2012, 41 CLC (HCD)
....ry 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 handing over the posse......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 ......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)
....gn, finance, insure, build, own, operate and maintenance of 50 MW power Plant project on rental basis at Kumargaon and Shahjibazar, Sylhet and accordingly the Petitioner as a Joint Venture Consortium participated in the said Tender successfully and entered into a Contract bearing Nos. 09689 (For Sha......in accordance with the terms and conditions set forth in the Contracts. 7. According to Article 13.1 of the Contract dated: 16-1-2008, the respondent No. 2 shall pay to the Petitioner the tariff payment for each month for dependable capacity and net energy output. The Petitioner submits invoice......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
Ishaque Ali (Md.) Vs. State, 2012, 41 CLC (HCD)
....on question and answer basis. So the recorded confessional statement can not be the verbatim statement of the accused. ........... (49) Confessional statement can not be made a subject matter of partition which means that no dual policy can be accepted regarding confession. It should be either ......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 ......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)
.... a civil court in respect of any order directing the preparation or revision of record-of-rights under this chapter or in respect of framing, publication, signing or attesting of such a record or any part of it, and if any such suit or application is pending before a civil court, it shall not be fur......s provided under law and without giving any opportunity for hearing in the matter by the plaintiffs. The plaintiffs came to know about the said illegal action when they went to the Tashsil Office for payment of government land revenue there. Thereafter, plaintiffs filed a review case in the office o......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. ..Category: Property Law | Date: 25 Jul, 2012 | Hits: 10
AKM Shafiuddin Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....petitioner is a lawyer of the Supreme Court and firm believer in the rule of law and constitutionalism. He is keen to ensure that the tenets of the Constitution of Bangladesh are strictly adhered to, particularly, the doctrine of separation of power as enshrined in the Constitution so that there is ......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: ......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
Jamat Ali Vs. State, 2012, 41 CLC (AD)
....erence, the above said criminal appeal and jail appeal together and by the impugned judgment and order disposed of all those dismissing both the appeals and accepting the death reference in part maintaining the death sentence awarded to this present accused-petitioner Jamat Ali. The H...... 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. ...... 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. ..Category: Criminal Law | Date: 23 Jul, 2012 | Hits: 70
A.N. Istiaq Ahmed Vs. Abdus Salam Khan and others, 2012, 41 CLC (AD)
.... members to the Executive Committee, is valid. The affiliated clubs to the Federation had no authority to change their Councilors. 6. A Division Bench of the High Court Division after hearing the parties by the impugned judgment and order made the Rule absolute in the following terms: “The ...... 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: ...... 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
....such cases while accepting the police report, if filed beyond the prescribed period of time, the Court is to look into this aspect in order to be satisfied that there was no intentional laches on the part of the Investigating Officer in concluding the investigation within time as has been prescribed......lier is hereby vacated and the trial court concern is accordingly directed to proceed with the case in accordance with law.
Abdur Rob J. - I agree.
Ed.
This Case is also Reported in:
......lier is hereby vacated and the trial court concern is accordingly directed to proceed with the case in accordance with law.
Abdur Rob J. - I agree.
Ed.
This Case is also Reported in:
..
Category: Anti-Corruption Laws | Date: 18 Jul, 2012 | Hits: 23
Md. Golzar Hossain, Advocate Vs. Janata Bank, Ullapara Branch, Sirajgonj, 2012, 41 CLC (AD)
....loan, the Bank filed Artha Rin Suit No.147 of 1993 in the Court of Subordinate Judge and Artha Rin Adalat, Sirajgonj against him for recovery of the loan amount with interest. The suit was decreed ex-parte for an amount of taka 2, 57,230.00 by the judgment and decree dated 20.10.1994. As the judgmen......ight of the observations and the findings given hereinbefore. With the above findings and observations, this petition for leave to appeal is disposed of. Ed. This Case is also Reported in: ......s that the Rule was issued as per terms of the prayer made in the writ petition. 3. The case of the writ-petitioner as made out in the writ petition, in short, was that one Prodip Kumar Saha took loan of taka 2 lac from Janata Bank, Ullapara Branch, Serajganj (hereinafter referred to as the Bank..Category: Civil Law | Date: 8 Jul, 2012 | Hits: 143
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