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Gulf Air Company GSC and another Vs. Travel Trade Ltd. and others, 2013, 42 CLC (AD)
....09 of 2012 pending before him on merit positively within three weeks from the date of receipt of this judgment. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 156. ......09 of 2012 pending before him on merit positively within three weeks from the date of receipt of this judgment. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 156. ......terim injunction dated 01.07.2012 passed in the suit. The learned District Judge admitted the appeal for hearing on 30.07.2012 and issued notice upon the plaintiff respondent fixing 10.09.2012 for service return and acknowledgement due and on an application filed by the petitioners stayed operat..Category: Procedural Law | Date: 4 Jan, 2013 | Hits: 8
Anti-Corruption Commission Vs. Md. Bayazid & others, 2013, 42 CLC (AD)
....rned Special Judge to proceed with the case in accordance with law. The petition is disposed of with the above observations. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 97. ...... Bayazid, the Superintendent Engineer, Roads and Highways. The investigating agency eventually submitted a police report recommending for prosecution of the respondent on 13th January, 2009. The case record was eventually sent to the Senior Special Judge, Mymensingh for trial. The Special Judge who ......rned Special Judge to proceed with the case in accordance with law. The petition is disposed of with the above observations. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 97. ..Category: Anti-Corruption Laws | Date: 3 Jan, 2013 | Hits: 6
Bayer Crop Science LimitedVs. The Commissioner of Taxes, 2013, 42 CLC (HCD)
....cides/insecticides in the market of Bangladesh. The Assesse-applicant does not manufacture the product which it sells and those are produced abroad and the Assesse-applicant simply imports the finish goods in bulk quantity and after packaging the same it sells in the local market. The Assesse-applic......t in the instant Income Tax Reference Applications is required to be answered in affirmative and in favour of the Taxes Department. We have heard the learned Advocates and perused the materials on record. 18. In the relevant assessment year of 2008-2009, the Assessee-applicant Bayer Crop Scien......me Tax Reference Applications, being No. 211 of 2011 and Income Tax Reference Application No.212 of 2012, upon formulating identical question in both the Income Tax Reference Applications. 8. Upon service of the notice, the learned Deputy Attorney General Mr. Abu Amzad along with the learned Assi..Category: Fiscal/Taxation Law | Date: 3 Jan, 2013 | Hits: 85
Md. A.K. Azad Vs. Kaptex Limited and others, 2012, 41 CLC (AD)
....shall stand discharged from its liability" is hereby expunged. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 36. ......at the company took loan against the said FDR, and therefore, the Company Court was perfectly justified in making the said direction. 5. We have perused the application and other materials on record. The Company Court rejected the petition filed before it on the ground that the petition is ......shall stand discharged from its liability" is hereby expunged. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 36. ..Category: Company Law | Date: 12 Dec, 2012 | Hits: 30
TLRA Holding Ltd Vs. Customs, Excise and VAT Appellate Tribunal & others, 2012, 41 CLC (HCD)
....he petitioner company from the market. 5. On several dated the petitioner informed the respondent No.3 Superintendent, Customs Excise and VAT, Tongi, Dhaka that sale of the petitioner's goods in the market was decreasing but the respondent No. 2 did not hold any enquiry and most illega......quired 17,624 Kg of extra raw materials which the petitioner did not import and the same will be evident if the customs authority enquired into the import activities of the petitioner from their record. The petitioner by denying the allegation of evasion of tax has asserted that they never prod......Court is hereby recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 94. ..Category: Fiscal/Taxation Law | Date: 10 Dec, 2012 | Hits: 6
Nazrul Islam (Md.) Vs. State, 2012, 41 CLC (AD)
....to one of imprisonment for life. Accordingly, the sentence of the convict Md. Nazrul Islam is modified to imprisonment for life. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 199. ......The Investigating Officer took up the case for investigation. He visited the place of occurrence, prepared the sketch map with separate index, prepared inquest report, examined the witnesses and recorded their statements under section 161 of the Code of Criminal Procedure. After completion of i......to one of imprisonment for life. Accordingly, the sentence of the convict Md. Nazrul Islam is modified to imprisonment for life. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 199. ..Category: Criminal Law, Procedural Law | Date: 6 Dec, 2012 | Hits: 6
Amanullah (Md.) and other Vs. Abdul Aziz and others, 2012, 41 CLC (HCD)
....nd other class-II officers had accepted their up-gradation to class-I non-cadre posts knowing fully well that their encadrement by way of promotion in BCS (Family Planning) cadre would be stopped for good. 21. Mr. Salahuddin Dolon with Mr. Md. Omar Farouk, learned Advocates appearing on behalf ...... With the above observations and directions this Rule is disposed of. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 485. ......t: The Rule is disposed of. Encadrement of the Non-Cadre Family Planning Office's— Encadrement of the non-cadre family planning office's appointed after 1985 in the cadre service but if the government decides to cadre them in the cadre, their seniority is to be fixed by ..Category: Constitutional Law, Contempt of Court Law | Date: 5 Dec, 2012 | Hits: 4
....e of receipt of the copy of this judgment. The trial Court is directed to dispose of the suit as expeditiously as possible.
Ed.
This Case is also Reported in: 18 BLC (AD) (2013) 104.
......posed of by this common judgment.
2. The petitioners of Civil Petition for Leave to Appeal No. 928 of 2009 as plaintiffs filed Title Suit No.285 of 1984 (name of the Court not available from the record) against the respondents impleading them as defendant Nos.1-13 for partition of the ejmali im......e of receipt of the copy of this judgment. The trial Court is directed to dispose of the suit as expeditiously as possible.
Ed.
This Case is also Reported in: 18 BLC (AD) (2013) 104.
..
Category: Procedural Law | Date: 5 Dec, 2012 | Hits: 75
Sadek Hossain (Md.) Vs. State and another, 2012, 41 CLC (HCD)
....posal of the case. Send a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 278. ......posal of the case. Send a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 278. ...... Md. Sadek Hossain was the Administrative Officer of Housing Estate, Chittagong, at the time of occurrence, and he also served in various positions at different working stations. He retired from service on 1-8-2006. On 30-6-2002, Md. Rafiqul Islam, Inspector, Bureau of Anti-Corruption, lodged F..Category: Criminal Law | Date: 3 Dec, 2012 | Hits: 4
Shahidur Rahman Khadem Vs. State and another, 2012, 41 CLC (AD)
.... it relates to enhancement of sentences of fine" are expunged. Leave Petition Nos.16-19 of 2012 are disposed of accordingly. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 296. ......e Division) Rules, 1988, Order XXVI rule 1 Review of judgment or order of the Appellate Division in a criminal proceeding can only be done on the ground of an error apparent on the face of the record. The review of judgment or order passed by the Appellate Division in a civil proceeding may ...... it relates to enhancement of sentences of fine" are expunged. Leave Petition Nos.16-19 of 2012 are disposed of accordingly. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 296. ..Category: Procedural Law | Date: 3 Dec, 2012 | Hits: 10
Shahidur Rahman Khadem and another Vs. State, 2012, 41 CLC (AD)
.... to enhancement of sentences of fine” are expunged. Leave Petition Nos.16-19 of 2012 are disposed of accordingly. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 147. ......hile dismissing the leave petition did not at all consider the point of law as to the provision of section 138 of the Negotiable Instrument Act and thus committed an error apparent on the face of the record and, as such, the impugned judgment and needs be reviewed. III. Because the law provided...... to enhancement of sentences of fine” are expunged. Leave Petition Nos.16-19 of 2012 are disposed of accordingly. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 147. ..Category: Procedural Law | Date: 3 Dec, 2012 | Hits: 162
Nur Hossain alias Ladu Vs. State, 2012, 41 CLC (HCD)
.... Affairs, Government of Bangladesh and Registrar, Supreme Court of Bangladesh at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 474. ......ure to transfer the case from the said Court to any other competent Court. 8. In the reply though the learned Judge stated that for the interest of Justice the examination of the Magistrate, who recorded the statement of co-accused under section 164 of the Code of Criminal Procedure is necessar...... Affairs, Government of Bangladesh and Registrar, Supreme Court of Bangladesh at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 474. ..Category: Criminal Law | Date: 2 Dec, 2012 | Hits: 3
Abdul Mannan Bhuiyan & others Vs. Md. Nasir Hossain, 2012, 41 CLC (AD)
....he deeds were executed and registered by Shamsher Ali. It is contended on behalf of the plaintiffs that the registered deed of sale dated 31-1-1922 was not acted upon. Such a contention does not held good in view of the established principle of law that title is transferred to the transferee with re......……………………......Respondents Judgment December 2, 2012. Result: This civil petition for leave to appeal is dismissed. The SA and RS records are not an evidence of title and a registered document will prevail upon the records of righ......facts do not call for interference by this Division. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 44. ..Category: Property Law | Date: 2 Dec, 2012 | Hits: 35
Government of Bangladesh and oth¬ers Vs. Dr. Md. Nazrul Islam Bhuiyan and others, 2012, 41 CLC (AD)
....rine. In our opinion, the doctrine of promissory estoppel cannot be invoked in the abstract and the Courts are bound to consider all aspects including the results sought to be achieved and the public good at large, because while considering the applicability of the doctrine, the Courts have to do eq......ties, perused the leave granting order, impugned judgment and order passed by the High Court Division, Concise Statements submitted on behalf of both the parties and also other materials available on record. It appears that the respondents were appointed as Lecturer in the Government Homeo......mo No. Jana Sastha-1/Homeo-8/2001/203 dated 21-5-2003 (Annexure-H) again requested the Secretary, Ministry of Establishment to grant approval to the creation of 64 new posts for regularization of the services of eight honorary teachers of the Government Homeopathic Degree College and Hospital, Mirpu..Category: Civil Law | Date: 28 Nov, 2012 | Hits: 4
Government of Bangladesh and others Vs. Hamento Kumar Barmon and another, 2012, 41 CLC (AD)
....we find no other alternative but to dismiss the appeals. Accordingly, the appeals are dismissed; no order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 152. ......anting of leave, it considered the fact of withdrawal of the leave petitions instead of withdrawing the appeals which arose out of the leave granting order. From the discussions of the agenda as recorded in the proceedings (quoted hereinbefore), it further appears that the Board considered the ......-8-2004, vide annexure-'L' to the writ petition to have been issued without lawful authority and are of no legal effect and also for a direction upon the writ-respondents to re-instate him in service with all arrear salaries and continuity of service. 3. The respondent of Civ..Category: Employment/Service Law | Date: 28 Nov, 2012 | Hits: 12
Esrarul Huq Chowdhury Vs. Md. Amir Hossain, Advocate and another, 2012, 41 CLC (AD)
....r negligence in performance of duty. Supreme Court of India in a number of decisions reiterated that "misconduct" would cover any activity or conduct which his professional brethren of good repute and competency would reasonably regard as disgraceful or dishonourable. The scope of &qu...... allowed. Words and Phrases Review By preferring a review, an erroneous decision can not be re-heard and corrected. A review lies where an error apparent on the face of the record exists. It is not the re-hearing of the main appeal. In a review, a Court is not empowered to......ion of such protection of the rights of citizens is the existence in society of a community of Advocates, men learned in the law and respected as models of integrity, imbued with the spirit of public service and dedicated to the task of upholding the rule of law and defending at all times, without f..Category: Others | Date: 28 Nov, 2012 | Hits: 23
Mohammad Ullah Ashraf Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....thout any order as to cost. The order of stay granted at the time of issuance of the Rule is vacated. Mohammad Bazlur Rahman J. I agree. Ed. This Case is also Reported in: ......ions under the Rules, 2009 was issued and thereby impliedly abandoned his previous application. The Rule is therefore, liable to be discharged on that count as well. 8. We have gone through the record and considered the submissions of the learned Advocates. It appears that when the writ petiti......thout any order as to cost. The order of stay granted at the time of issuance of the Rule is vacated. Mohammad Bazlur Rahman J. I agree. Ed. This Case is also Reported in: ..Category: Civil Law | Date: 28 Nov, 2012 | Hits: 109
Giasuddin-al-MamunVs.State and another, 2012, 41 CLC (HCD)
....ceeding is unwarranted in law and disapproved by the Appellate Division. Accordingly, the application is rejected summarily. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 41 ......n will not be attracted since offence as well as its punishment, if any, would be dealt with under the Ain of 2002. Thirdly, from a clear reading of the FIR, Investigation Reportan other materials on record, a prima-facie case under sections 2(ট) (আ)(ই) and section 13 of th......ceeding is unwarranted in law and disapproved by the Appellate Division. Accordingly, the application is rejected summarily. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 41 ..Category: Criminal Law | Date: 27 Nov, 2012 | Hits: 5
Jamila Khatun Vs. State, 2012, 41 CLC (AD)
....m. In view of the above, we do not find any merit in the leave petition. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 223. ...... ওরফে লুসিকে সি/এস এর অন্তর্ভুক্ত করে মামলার অভিজোগ পত্র গৃহীত হলো। Then, the record of the case was sent to the Court of Sessions Judge, Kushtia where the case was registered a......m. In view of the above, we do not find any merit in the leave petition. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 223. ..Category: Criminal Law | Date: 26 Nov, 2012 | Hits: 9
Rahmat Ali alias Shukkur Vs. State, 2012, 41 CLC (AD)
....o one of imprisonment for life. Accordingly, the Jail Petition No.15 of 2010 is dismissed with modification of sentence of death as stated above. Ed. This Case is also Reported in: ......ng to G.R. No.260 (2)03 was started. 3. The Investigating Officer in the course of investigation visited the place of occurrence, prepared the sketch map with index, prepared inquest report and recorded the statement of witnesses under section 161 of the Code of Criminal Procedure. After compl......o one of imprisonment for life. Accordingly, the Jail Petition No.15 of 2010 is dismissed with modification of sentence of death as stated above. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: 26 Nov, 2012 | Hits: 145
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