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....o refund the VAT already realized from the bills of the PSI Agencies.
4. The writ petitions were filed more or less with the common contentions, that PSI Agencies were appointed by the Government to render service outside Bangladesh and that VAT being levyable for service render......alized from the bills of the PSI Agencies.
4. The writ petitions were filed more or less with the common contentions, that PSI Agencies were appointed by the Government to render service outside Bangladesh and that VAT being levyable for service rendered in Bangladesh hence PSI ..
Category: Fiscal/Taxation Law | Date: | Hits: 95
Anti-Corruption Commission Vs. ATM Nazimullah Chowdhury and others, 2010, 39 CLC (AD)
.... exercising undue influence and thereby caused the loss of total 72,000 Dirham from the public exchequer. The writ petitioner also misappropriated total sum of 34,150 Dirham, which was drawn from the Government of Bangladesh as the salary of two gardeners of the Embassy of Bangladesh namely Md. Jewe...... a copy of the order be communicated to the learned Judges of the High Court Division and the leaned Special Judge, Court No.9, Dhaka. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 225. ..Category: Anti-Corruption Laws | Date: | Hits: 186
University of Dhaka and others Vs. Md. Jalal Uddin Chowdhury and others, 2009, 38 CLC (AD)
.... for the appellants. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 222, VIII ADC (2011) 288, 16 MLR (AD) (2011) 129.......n opinion regarding his appointment and forwarded the same to the Syndicate to take a final decision. He then received impugned letter issued by the respondent No. 2 stating, inter alia, that the service of the respondent No.1 was no longer required i.e. his service has been terminated in acco..Category: Employment/Service Law | Date: | Hits: 68
Collector of Customs and others Vs. TK Oil Refinery Ltd. and 22 others, 2009, 38 CLC (AD)
.... the basis of tariff value in respect of imports where letters of credit were opened prior to the deletion of the tariff value. 6. The respondents filed affidavit-in-reply contending that the Government is not competent to fix any price like the indicative price and whatever price is fixed b......y and other duties on the basis of normal price so fixed. All the appeals are dismissed with the observation as made above. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 217. ..Category: Fiscal/Taxation Law | Date: | Hits: 86
....e Division
(Civil)
Present:
Md. Tafazzul Islam J
Md. Joynul Abedin J
Md. Abdul Matin J
Md. Abdul Aziz J
ABM Khairul Haque J
Md. Muzammel Hossain J
Surendra Kumar Sinha J
Government of Bangladesh and others ........Appellants (In Civil Appeal No.111 of 2008).
Kazi Hab......-7 of the said Rules provided for absorption of Officers of Judicial Service in the Legislative Drafting Wing on their option and particularly rule-7(2) provides that any person once absorbed in this service shall not be allowed to go back to his previous service. By the notification published in Ba..
Category: Constitutional Law | Date: | Hits: 207
....s joined by the parties as regards the enemy status of the disputed property and the High Court Division, having found the disputed property not being an enemy property, erred in law holding that the Government under Act XLV 1974 acquired the authority to execute the deed of settlement. The High Cou......e for declaration that the settlement deed described in schedule 'B' is not binding on the plaintiffs.
This Case is also Reported in: 15 MLR (AD) (2010) 1; VII (ADC) (2010) 113; 7 LG (AD) 2010, 5.
..
Category: Property Law | Date: | Hits: 43
State Vs. Mirza Abbas, 2009, 38 CLC (AD)
....on has taken place shall be confiscated. (2) Notwithstanding contained in the Code of Criminal Procedure, 1898, any offence punishable under this section shall be cognizable for such period as the Government may from time to time, by notification in the official Gazette, declare. (3) A Tribuna......therefore no valid reason to interfere with the impugned judgment. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 7 LG (AD) (2010) 76; 15 MLR (AD) (2010) 141. ..Category: Fiscal/Taxation Law | Date: | Hits: 75
M. Ali Asgar Vs. M. Muktar Hossain and others, 2008, 37 CLC (AD)
.... learned Advocate further submitted that the High Court Division misinterpreted and misconstrued the provisions of regulation 28 (wrongly mentioned in the impugned judgment as regulation 26) of the Government Servant (Conduct) Rules, 1979 in that the provisions of the said rule in clause (1) does...... substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 1019. ..Category: Criminal Law | Date: | Hits: 116
Secretary, Ministry of Education and others Vs. Mowlana Wahiduzzaman and another, 2009, 38 CLC (AD)
....qualified and they have been enjoying the facility under the system of monthly Payment Order (M.P.O.). As a result 80% of the salary of the teachers and employees are paid by and received from the Government. At present the Madrasa has in total 298 students in Dakhil and Alim classes and 217 stu......udgment to have been passed in accordance with law. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 1016. ..Category: Employment/Service Law | Date: | Hits: 146
Md. Enamul Huq and others Vs. Bijoy Chandra Khasnabish and others, 2008, 37 CLC (AD)
....ailing to hold that as the defendant No.1 did not leave the country before 1965 the suit property could not be legally held to be an enemy property, particularly when it was not the case of the Government that the vendor left the country before 1965. 7. We have heard the learned senior Ad......refore find no reason to interfere with the same. The petition is accordingly dismissed upon condonation of delay. Ed. This Case is also Reported in: VI ADC (2009)1003, 16 MLR (AD) (2011) 454...Category: Limitation Law | Date: | Hits: 255
Abul Hossain and another Vs. Hazi Md. Rezaul Karim and others, 2009, 38 CLC (AD)
.... possession of the suit land of the petitioners and as such, the petitioners are apprehended to get the preferential relief in respect of lease hold of shrimp khas land as per principle of present Government, moreover the present petitioners are very weak both by men and money with the stre......y profession from their fore-father. On 21.10.2004 Rezaul Karim son of Alhaj Delwar Hossain who resides far away from the suit land and he is not shrimp cultivator by profession, he is a Government service holder who is not competent to get lease of shrimp khas land measuring 0.10 acres of land ..Category: Property Law | Date: | Hits: 88
Rada Rani Nath and another Vs. Niranajan Dutta and others, 2009, 38 CLC (AD)
....ecord relating to suit land within the knowledge of the defendant and the plaintiff after mutation of her name got separate khatian in her name and was in possession of the suit land on payment of Government rents and constructed pucca walls and kutcha house and possessing the same through diffe......no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 996. ..Category: Property Law | Date: | Hits: 132
Azam Khan Vs. Ataur Rahman and others, 2009, 38 CLC (AD)
.... the suit land, and thus the plaintiffs have been exclusively possessing the suit land, as owners and possessors, and enjoying usufructs therefrom paying rents and taxes regularly to the Government. The defendant No.2 subsequently sold a portion of land to defendant No.1, a London......ffers from no illegality and calls for no interference. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 991. ..Category: Property Law | Date: | Hits: 158
M/S. Madina Trading Corporation Vs. The Commissioner of Customs and another, 2008, 37 CLC (AD)
....rcharge on the same on the imported goods as has been fixed by the third schedule under Section 7 of the VAT Act. It also further appears that Section 7 of the VAT Act as amended has authorized the Government to impose supplementary duty and there is nothing on record to show that the imposition ...... substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 298. ..Category: Fiscal/Taxation Law | Date: | Hits: 112
Joynul Karim & others Vs. State, 2009, 38 CLC (AD)
....ch are in accordance with law, and hence no interference is called for. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 224. ......condition for making demand for payment within 15 (fifteen) days from the date of dishonour of cheque as per proviso-B of Section 138 of the Negotiable Instrument Act, 1881 and further there being no service of legal notice no question of effective demand in the eye of law is in existence and in the..Category: Criminal Law | Date: | Hits: 163
Md. Nazrul Islam Vs. Monzurul Islam Liton and others, 2009, 38 CLC (AD)
....engers and charges for the luggage and parcel etc. of train No.461/462 and 445/446 stating, inter alia, that the writ petitioner is the proprietor of Islam Ship Builders and Heavy Engineering. The Government of Bangladesh privatized all the trains of the country except the Inter-City trains to o......maintainable. Accordingly, the appeal is disposed of and the judgment and order of the High Court Division is set aside. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 198. ..Category: Civil Law | Date: | Hits: 149
National University and others Vs. Begum Sultana Razia, 2009, 38 CLC (AD)
....esent case and in accordance in the fact. In the result, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 190, VIII ADC (2011) 307.......d order dated 22.11.2005 passed by the High Court Division in Writ petition No.2206 of 2005 making the Rule absolute without any order as to costs declaring the order dated 17.03.2005 terminating the service of the respondent as Deputy Registrar of the National University, Gazipur to be illegal and ..Category: Employment/Service Law | Date: | Hits: 118
Moyez Uddin Sikder and others Vs. State, 2007, 36 CLC (HCD)
....ation of 24th March, 1982 the said order was promulgated curtailing jurisdiction of all the Courts including the Supreme Court to pass any order of temporary or interim injunction or stay against the Government or any Government officer acting or purporting to act in discharge of official duty etc. ......pect of certain acts and things were brought in and the ordinance was promulgated in the language as under: "Notwithstanding anything contained in any law, including a law relating to any defence service, for the time being in force, no suit, prosecution or other proceedings legal or disciplinar..Category: Criminal Law | Date: | Hits: 101
Md. Naya Mia Sikder and others Vs. Faizur Banu and others, 2009, 38 CLC (AD)
....ls on record arrived at a correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 981.......ls on record arrived at a correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 981...Category: Property Law | Date: | Hits: 61
Md. Azizul Hoque Vs. Md. Aftabuddin and others, 2009, 38 CLC (AD)
....at a correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 971. ...... him. The short fact of the cases is that the plaintiff joined the said school on 13.5.1996 as Assistant Teacher (Agriculture) and thereafter on 1.1.1997 as Assistant Teacher (Biology). During his service as Assistant Teacher, the post of Assistant Head Master was lying vacant for which on 18.8...Category: Employment/Service Law | Date: | Hits: 106
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