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Padma Oil Company Ltd Vs. Commissioner of Taxes, 2012, 41 CLC (HCD)
..... 405/2009 and for the assessment year 2008-2009 involved in the Income Tax Reference Application No. 233 of 2011 showing an income of Taka. 17, 82, 23,252 and 33, 78, 43,603 respectively, before the Deputy Commissioner of Taxes (DCT), company circle-8 taxes zone-2, Chittagong. 5. But the conce......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 ...... IT Reference application No. 233 of 2011 With Rule No.198 (ret) of 2011. Judgment AFM Abdur Rahman J.— Both these Income Tax Reference Application being No. 405 of 2009 and Income Tax Reference Application No. 233 of 2011 along with a Rule 198(ref) of 2001 filed by the....... Lawyers Involved: Sarder Jinnat Ali, Senior Advocate with Md. Umber Ali, Advocate—For the Assessee-Applicant Md. Abdur Rahim Bhuiyan, DAG with Mahfuza Begum, Assistant Attorney-General—For IT Department. IT Reference Application No. 405 of 2009 With IT R..Category: Fiscal/Taxation Law | Date: 7 Aug, 2012 | Hits: 5
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. ......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. ......) 98. ......P-53 for implementation of a project under the title "Telecommunication Network 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 P..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 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. ......te Division (Civil) Present: Surendra Kumar Sinha J Md. A Wahhab Miah J Syed Mahmud Hossain J Md. Imman Ali J Md. Shamsul Huda J Bangladesh Biman Corporation and others..........Appellants (In all appellants) Vs. Md. Zahangir Farazi and others...........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 Airlines provides:— “Volume-1 C..Category: Labour and Industrial Law | Date: 7 Aug, 2012 | Hits: 18
Shahjahan Khalifa and others Vs. State, 2012, 41 CLC (AD)
....by them in court appears to be credible after sifting................................(13) Lawyers Involved: Md. Nawab Ali, Advocate-on-Record—For the Respondent. Md. Shohrowardi, Deputy Attorney-General, instructed by Madhu Maloti Chowdhury Barua, Advocate-on-Record—For th......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. ......n CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Md. Shamsul Huda J Shahjahan Khalifa and others.................Petitioners Vs. State................................................ appears to be credible after sifting................................(13) Lawyers Involved: Md. Nawab Ali, Advocate-on-Record—For the Respondent. Md. Shohrowardi, Deputy Attorney-General, instructed by Madhu Maloti Chowdhury Barua, Advocate-on-Record—For the Respondent. ..Category: Criminal Law | Date: 6 Aug, 2012 | Hits: 7
Government of Bangladesh and others Vs. Md. Abul Kalam Azad and others, 2012, 41 CLC (AD)
....sorption in the revenue budget by phases if they have requisite qualifications subject to availability of vacancies according to their seniority. Lawyers Involved: Rajik-Al-Jalil, Deputy Attorney General instructed by Md. Shamsul Alam, Advocate-on-Record—For the Petitioners......subject to availability of vacancies according to their seniority. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 9 ADC (2012) 855. ......Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Shamsul Huda J Government of Bangladesh, represented by the Secretary, Ministry of Education, Bangladesh Secretariat, Ramna, Dhaka and others.............Petitioners Vs. Md. Abul Kalam Azad and others...........................revenue budget by phases if they have requisite qualifications subject to availability of vacancies according to their seniority. Lawyers Involved: Rajik-Al-Jalil, Deputy Attorney General instructed by Md. Shamsul Alam, Advocate-on-Record—For the Petitioners. Md. Aftab..Category: Employment/Service Law | Date: 6 Aug, 2012 | Hits: 6
Government of Bangladesh and others Vs. Md. Abul Kalam Azad and others, 2012, 41 CLC (AD)
....ect to availability of vacancies according to their seniority. Cases Referred to- Civil Petition Leave to Appeal No.1781 of 2011 = 17 BLC (AD) 91. Lawyers Involved: Rajik-al-Jalil Deputy Attorney General instructed by Md. Shamsul Alam, Advocate-on-Record—For the Petitioners...... subject to availability of vacancies according to their seniority. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 3. ......r Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Shamsul Huda J Government of Bangladesh, represented by the Secretary, Ministry of Education and others..................................................Petitioners Vs. Md. Abul Kalam......ity of vacancies according to their seniority. Cases Referred to- Civil Petition Leave to Appeal No.1781 of 2011 = 17 BLC (AD) 91. Lawyers Involved: Rajik-al-Jalil Deputy Attorney General instructed by Md. Shamsul Alam, Advocate-on-Record—For the Petitioners. Md. Aftab..Category: Employment/Service Law | Date: 6 Aug, 2012 | Hits: 5
Shahjahan Khalifa and others Vs. State, 2012, 41 CLC (AD)
.... August 6, 2012. Result: The criminal petition for leave to appeal is dismissed. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Md. Shohrowardi, Deputy Attorney General, instructed by Mrs. Madhu Maloti Chowdhury Barua, Advocate-on-Record-For the......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: ......mel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Shahjahan Khalifa and others..........Petitioners Vs. The State......................................Respond......012. Result: The criminal petition for leave to appeal is dismissed. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Md. Shohrowardi, Deputy Attorney General, instructed by Mrs. Madhu Maloti Chowdhury Barua, Advocate-on-Record-For the Respondent. ..Category: Criminal Law | Date: 6 Aug, 2012 | Hits: 113
State Vs. Md. Artful Islam @ Arif, 2012, 41 CLC (AD)
....e the people from any agony of the abuse of the process of the Court and also is designed to do substantial justice.........................(4) Lawyers Involved: Md. Shahrowardi, Deputy Attorney-General, instructed by Sufia Khatun, Advocate-on-Record—For the Petitioner. ......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. ...... (Act No. V of 1898); section 561A Inherent powers of the High Court Division The inherent powers of the High Court Division is neither an alternative nor an additional in its correct sense and is to be rarely invoked only in the interest of justice so as to seek redress of grievances for ......e from any agony of the abuse of the process of the Court and also is designed to do substantial justice.........................(4) Lawyers Involved: Md. Shahrowardi, Deputy Attorney-General, instructed by Sufia Khatun, Advocate-on-Record—For the Petitioner. Md. Tafique H..Category: Procedural Law | Date: 2 Aug, 2012 | Hits: 7
Yasin Rahman @ J Rahman Yasin @ Titu Vs. State, 2012, 41 CLC (AD)
....ivision held that the fact of absconding of Amir Hossain cannot be taken as corroborating evidence against him observing that "I fail to understand why these cases have been cited by the learned Deputy Attorney-General seeking corroboration in this case of the confessional statement of Sattar M......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. ......li Bhutto Vs. State, PLD 1979 SC 53; Maj. Md. Bazlur Huda Vs. State, ADC Vol. VI(A) 1; Shama Rao Vs. Union Territory of Pondicherry, (1967) 2 SCR 650; Nazir Hussain Vs. Muhammad Shafi, 17 DLR (SC) 40 and Abul Kalam Azad alias Ripon Vs. State, 58 DLR (AD) 26. State Vs. Abdur Rashid Piada alias Abdur ......volved: Anisul Haque, Senior Advocate (Fazlee Noor-Taposh, Advocate with him) instructed by Bivash Chandra Biswas, Advocate-on-Record—For the Appellant. MK Rahman, Additional Attorney-General (ASM Nazmul Haque, Assistant Attorney-General and Mohsin Rashid, Advocate with him) instruct..Category: Criminal Law | Date: 1 Aug, 2012 | Hits: 36
National Board of Revenue Vs. Abu Saeed Khan and others, 2012, 41 CLC (AD)
....SCC 305; Mostafa Kamal Vs. Commissioner of Customs, 52 DLR (AD) 1. Lawyers Involved: Mahbubey Alam, Attorney-General (with Murad Reza, Additional Attorney-General, with ASM Moniruzzaman, Deputy Attorney-General with Sk Shaifuzzaman (Zaman) Assistant Attorney-General), instructed by Mad......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. ......azmun Ara Sultana J Syed Mahmud Hossain J Md. lmman Ali J Shamsul Huda J National Board of Revenue........... .........Appellants Vs. Abu Saeed Khan and others………………….......Respondents Judgment August 1, 2012. Re......Vs. Union of India, 1981 (Supp) SCC 87; Janata Dal Vs. HS Chowdhury, (1992) 4 SCC 305; Mostafa Kamal Vs. Commissioner of Customs, 52 DLR (AD) 1. Lawyers Involved: Mahbubey Alam, Attorney-General (with Murad Reza, Additional Attorney-General, with ASM Moniruzzaman, Deputy Attorney-Gener..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. ......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. ......preme Court High Court Division (Civil Revisional Jurisdiction) Present: Shahidul Islam J Monindra Nath Biswas ......................Petitioner Vs. Kantaram Mondal and others................Opposite Parties Judgment July 31, 2012. Result: The R......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)
....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. ......gh Court Division (Statutory Original Jurisdiction) Present: Md. Rezaul Hasan J MA Gafur...............................Petitioner Vs. Registrar of Joint Stock Companies and Firms & ors..................Respondents Judgment July 31, 2012. Result: ......cribers 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 well as for holding the meetings of the Board of Directors. It further appears t..Category: Company Law | Date: 31 Jul, 2012 | Hits: 16
Energy Prima Ltd Vs. People's Republic of Bangladesh and others, 2012, 41 CLC (HCD)
....Khan, Shamim Ahmed Mehedi. Advocates—For the Petitioner Tofailur Rahman, with Umme Salma, Advocates—For the Respondent No.2-4 (In writ Petition No. 3904 of 2009) Rajik Al Jalil, Deputy Attorney-General—For the Respondent No.2-4 (In writ petition No. 3877 of 2009) Wri......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 ...... Md. Ashraful Kamal J Energy Prima Ltd……………………………...Petitioner Vs. People's Republic of Bangladesh and others...............Respondents Judgment July 29, 2012. Result: Both......ed Mehedi. Advocates—For the Petitioner Tofailur Rahman, with Umme Salma, Advocates—For the Respondent No.2-4 (In writ Petition No. 3904 of 2009) Rajik Al Jalil, Deputy Attorney-General—For the Respondent No.2-4 (In writ petition No. 3877 of 2009) Writ Petition No. 3..Category: Business or Commercial Law, Constitutional Law | Date: 29 Jul, 2012 | Hits: 6
State Vs. Md. Aman Ullah Aman, 2012, 41 CLC (AD)
....ject to the requirement that the exercise of such power must serve either of the three purposes mentioned in the section……………………………(10) Lawyers Involved: Md. Shahrowardi, Deputy Attorney-General, instructed by Sufia Kliatun, Advocate-on-Record—For the Petitioner. Mv......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. ......ghest echelon. Before making any decision on the basis of the application filed by the investigating agency by the learned Magistrate, the learned Judges usurped the power of the learned Magistrate and made the direction. To say otherwise, though the Code of Criminal Procedure authorized a Magistr......irement that the exercise of such power must serve either of the three purposes mentioned in the section……………………………(10) Lawyers Involved: Md. Shahrowardi, Deputy Attorney-General, instructed by Sufia Kliatun, Advocate-on-Record—For the Petitioner. Mvi Md. Wahidullah..Category: Procedural Law | Date: 26 Jul, 2012 | Hits: 32
Md. Arfan Ullah alias Arfan and others Vs. The State, 2012, 41 CLC (HCD)
.... 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 ......ed in: 21 BLT (HCD) (2013) 28 ...... 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 inquiry the learned Magistrate, 3rd Class, found a p..Category: Criminal Law, Procedural Law | Date: 25 Jul, 2012 | Hits: 1
Ishaque Ali (Md.) Vs. State, 2012, 41 CLC (HCD)
....o charge and be acquitted from the charges. The appellant Md. Ishaque Ali be set at liberty at once if not wanted in any other case. 78. Let the advance order of release from jail be sent to the Deputy Commissioner, Meherpur, Jailor, Meherpur and District and Sessions Judge, Meherpur. Send......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 ...... Result: The appeal is allowed. Confessional statement, not a verbation statement of the accused The facts of confessional statement are being gathered by a Magistrate on question and answer basis. So the recorded confessional statement can not be the verbatim statement of the ac......Vs. State reported in 1985 BLD 84, the case of State Vs. Lalu Miah reported in 39 DLR (AD) 117. 23. Mrs. Yesmin Begum Bithi appearing with Mr. Kazi Ebadat Hossain, the learned Assistant Attorney Generals for the State submits that the accused-appellant made a confessional statement under sectio..Category: Criminal Law | Date: 25 Jul, 2012 | Hits: 9
Faizur Rahman (Md.) and another Vs. Mokarram Hossain and others, 2012, 41 CLC (HCD)
....sidered by the defendant No.5 showing reason as time barred. The plaintiffs being aggrieved and dissatisfied with the impugned order preferred Miscellaneous Appeal No.18 of 2005 before the Additional Deputy Commissioner (Revenue), Dhaka who dismissed the appeal. Thereafter, plaintiffs preferred......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. ......D) (2013) 46. ......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)
....a (1983) 3 SCC page 24 Lawyers Involved: Rokanuddin Mahmood and Akhter Imam, Senior Counsel with K.M. Saifuddin, Rashed Imam and Ms. Rashna Imam, Advocates-For the petitioner. Biswojit Roy, Deputy Attorney General with Md. Shafiquel Islam Siddique, Ms. Amatul Karim and Swarup Kanti Deb, As......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: ......n) Present : Hasan Foez Siddique J ABM Altaf Hossain J AKM Shafiuddin.......................… Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs and others..................................… Respondents Judgment ......age 24 Lawyers Involved: Rokanuddin Mahmood and Akhter Imam, Senior Counsel with K.M. Saifuddin, Rashed Imam and Ms. Rashna Imam, Advocates-For the petitioner. Biswojit Roy, Deputy Attorney General with Md. Shafiquel Islam Siddique, Ms. Amatul Karim and Swarup Kanti Deb, Assistant Attorney..Category: Constitutional Law | Date: 24 Jul, 2012 | Hits: 236
Nalu Vs. State, 2012, 41 CLC (AD)
....th the modification of sentence. Case Referred to- Gregg Vs. Georgia, (1976) 428 U.S. 153. Lawyers Involved: A. B. M. Bayezid, Advocate- For the Petitioner. Md. Shahrowardi, Deputy Attorney General- For the Respondent. Jail Petition No. 09 of 2010. (From the judgm......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: ...... Lawyers Involved: A. B. M. Bayezid, Advocate- For the Petitioner. Md. Shahrowardi, Deputy Attorney General- For the Respondent. Jail Petition No. 09 of 2010. (From the judgment and order dated 10th November, 2009 passed by the High Court Division in Death Reference No.78 of 20......ion of sentence. Case Referred to- Gregg Vs. Georgia, (1976) 428 U.S. 153. Lawyers Involved: A. B. M. Bayezid, Advocate- For the Petitioner. Md. Shahrowardi, Deputy Attorney General- For the Respondent. Jail Petition No. 09 of 2010. (From the judgment and order da..Category: Criminal Law | Date: 22 Jul, 2012 | Hits: 111
A.N. Istiaq Ahmed Vs. Abdus Salam Khan and others, 2012, 41 CLC (AD)
.... 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: ...... constitution, in accordance with the provisions as stipulated in the Federation’s constitution. The Secretary, Ministry of Sports is hereby directed to request the office of the Auditor and the Comptroller General to deploy an auditor to conduct investigation into financial affairs of the fede......ah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J A.N. Istiaq Ahmed.......................................Petitioner Vs. Abdus Salam Khan and others...................Respondents Judgment July 19, 2012. Result: The petition is......contents figured in the National Sports Council’s Memo, issued under reference NSC/120/17/Gen(3)/2105, dated 25.07.2005. Federation’s constitution has given birth to two chambers, namely: (1) the General Council, aptly citable as the Electoral College and (2) the Executive Committee, which is, i..Category: Civil Law | Date: 19 Jul, 2012 | Hits: 147