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Category: Constitutional Law, Employment/Service Law | Date: 8 Aug, 2012 | Hits: 3
Government of Bangladesh Vs. ATM Mannan and another, 2012, 41 CLC (AD)
....espondent as the appellant following leave is directed against the judgment and order dated 23-8-2006 passed by a Division Bench of the High Court Division in Writ Petition No.5426 of 2004 making the Rule absolute with a direction to exclude the property from the 'Kha' list of abandoned buildings.......Kha' list of abandoned buildings and, as such, the Rule was liable to be discharged. 9. After hearing the parties, the High Court Division by the judgment and order dated 23-8-2006 made the Rule absolute directing respondent No.1 to exclude the said property from the 'Kah' list within 3 (three)..Category: Property Law | Date: 8 Aug, 2012 | Hits: 84
Padma Oil Company Ltd Vs. Commissioner of Taxes, 2012, 41 CLC (HCD)
....d..................Assessee-Applicant Vs. Commissioner of Taxes...…………………Respondent Judgment August 7, 2012. Result: The Rule is disposed of. Lawyers Involved: Sarder Jinnat Ali, Senior Advocate with Md. Umber A......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 ..Category: Fiscal/Taxation Law | Date: 7 Aug, 2012 | Hits: 5
Bangladesh Telecommunications Company Ltd Vs. CPTU, 2012, 41 CLC (HCD)
....er.............................Petitioners Vs. Review Panel-2, Central Procurement Technical Unit (CPTU) and others..........Respondents Judgment August 7, 2012. Result: Rule issued in Writ Petition No.5073 of 2012 is discharged. Rule issued in Writ Petition No.509...... others..........Respondents Judgment August 7, 2012. Result: Rule issued in Writ Petition No.5073 of 2012 is discharged. Rule issued in Writ Petition No.5095 of 2012 is made absolute. Power of a Review Panel Neither PPA, 2006 nor PPR, 2008 has provided any authori..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)
....es. 6. Against the decision dated 03-3-2004 passed by the Labour Court, the respective first party respondent No.1 herein filed the writ petitions mentioned at the beginning of this judgment and Rules were issued in identical terms calling upon the writ-respondents, appellants herein to show ca......ner of application in case of the petitioner. 11. A Division Bench of the High Court Division hearing the writ petitions analogously by a common judgment and order dated 27-4-2006 made all Rules absolute declaring the decision passed by the Labour Court to have been passed without lawful author..Category: Labour and Industrial Law | Date: 7 Aug, 2012 | Hits: 18
Government of Bangladesh and others Vs. Md. Abul Kalam Azad and others, 2012, 41 CLC (AD)
....i) Whenever any vacancy in LGED is created in the revenue set up, it shall consider for absorption of employees or officers of the development projects within the meaning of section 2(ga) of the Rules, 2005, if the project in which s/he is working is completed subject to the condition that such......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. ..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)
.... (i) Whenever any vacancy in LGED is created in the revenue set up it shall consider for absorption of employees or officers of the development projects within the meaning of section 2(ga) of the Rules, 2005, if the project in which s/he is working is completed subject to the condition that such...... 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. ..Category: Employment/Service Law | Date: 6 Aug, 2012 | Hits: 5
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. ...... 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. ..Category: Civil Law | Date: 5 Aug, 2012 | Hits: 40
Yasin Rahman @ J Rahman Yasin @ Titu Vs. State, 2012, 41 CLC (AD)
....on in Government (Criminal) Appeal No.34 of 2002 heard along with Government (Criminal) Appeal No.28 of 2002 and Criminal Appeal Nos.3023 of 2002, 2971 of 2002 and 2981 of 2002 and connected Criminal Rule Nos.198(R) of 2002 and 199(R) of 2002.) Judgment Md. Muzammel Hossain CJ. - I have go......racy. The High Court Division has failed to distinguish the two charges and discussed the entire evidence together in support of both counts, and convicted the appellant on those counts which is absolutely erroneous. The High Court Division ought to have considered the charge of criminal conspi..Category: Criminal Law | Date: 1 Aug, 2012 | Hits: 36
National Board of Revenue Vs. Abu Saeed Khan and others, 2012, 41 CLC (AD)
....arding the difference in price for determining tariff value. 28. The NBR in exercise of its powers under section 72 of the Act, 1991 has already framed rules namely, the Value Added Tax Rules, 1991 by Gazette notification dated 12th June, 1991 governing the guidelines for fixation of ......ourt Division directed the appellants to fix the tariff value in accordance with section 5, but on the other breath, it has observed that BTRC is the authority to fix the tariff. These findings are absolutely erroneous for, the NBR has already framed rules and the determination of tariff value f..Category: Fiscal/Taxation Law | Date: 1 Aug, 2012 | Hits: 27
Monindra Nath Biswas Vs. Kantaram Mondal and others, 2012, 41 CLC (HCD)
....dul Islam J Monindra Nath Biswas ......................Petitioner Vs. Kantaram Mondal and others................Opposite Parties Judgment July 31, 2012. Result: The Rule is discharged. Order VII Rule 7 of the Code of Civil Procedure provides that, the plaint s......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. ..Category: Company Law | Date: 31 Jul, 2012 | Hits: 16
Southeast Bank Ltd Vs. District Magistrate, Chittagong and others, 2012, 41 CLC (HCD)
.... requested. In such circumstances, we are of the view that justice would be done if a direction be given upon the respondent Nos.1 and 2 to take necessary steps in accordance with law. Accordingly no Rule is called for. The respondent Nos.1 and 2 are directed to disposed of the application as eviden......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)
....hellip;………...Petitioner Vs. People's Republic of Bangladesh and others...............Respondents Judgment July 29, 2012. Result: Both the Rules are discharged. Cases Referred to- State of UP Vs. Bridge & Roof Co. (India) Ltd......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
Md. Arfan Ullah alias Arfan and others Vs. The State, 2012, 41 CLC (HCD)
.... State……………………………………….Opposite parties Judgment July 25, 2012 Result: The Rule is made absolute. Cases Referred to- Latifa Akter and others Vs. the State and anothe......;…………………………………….Opposite parties Judgment July 25, 2012 Result: The Rule is made absolute. Cases Referred to- Latifa Akter and others Vs. the State and another, 7 BLT(AD) ..Category: Criminal Law, Procedural Law | Date: 25 Jul, 2012 | Hits: 1
AKM Shafiuddin Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....he Judiciary, each of which operates in its own domain free from dictation and encroachment from the others. It is in utmost public interest and for the preservation of the democratic process and the Rule of Law that these provisions of the Constitution dealing with the separation of powers are not ......e Speaker is that Writ Petition No. 1053 of 2011, popularly known as "Sarak Bhabon case" was filed in a Division Bench of the High Court Division wherein the rule was issued which was ultimately made absolute. The respondents of the writ petition failed to execute the orders. Accordingly contempt ca..Category: Constitutional Law | Date: 24 Jul, 2012 | Hits: 236
A.N. Istiaq Ahmed Vs. Abdus Salam Khan and others, 2012, 41 CLC (AD)
.... Miah J. - This petition for leave to appeal is directed against the judgment and order dated the 10th day of March, 2010 passed by the High Court Division in Writ Petition No.1218 of 2009 making the Rule absolute. 2. Facts necessary for disposal of this petition are that respondent Nos.1 and 2 ...... J. - This petition for leave to appeal is directed against the judgment and order dated the 10th day of March, 2010 passed by the High Court Division in Writ Petition No.1218 of 2009 making the Rule absolute. 2. Facts necessary for disposal of this petition are that respondent Nos.1 and 2 as wr..Category: Civil Law | Date: 19 Jul, 2012 | Hits: 147
Category: Anti-Corruption Laws | Date: 18 Jul, 2012 | Hits: 23
Government of Bangladesh and others Vs. Mir Md. Imam Hossain, 2012, 41 CLC (AD)
....f the allotees had constructed residential houses with prior approval of RAJUK. Subsequently at the instance of the Deputy Commissioner, Dhaka, Miscellaneous Case No.2103 of 1995 was started as per Rule, 42 (Ka) of the Tenancy Rules 1959 on the plea that Plot Nos.1685, 20707 of Khatian No.1560 wa......order of the Revenue Officer passed in Miscellaneous Case No.2103 of 1995 in Writ Petition No.986 of 2000 in the High Court Division. The High Court Division upon hearing the parties made the rule absolute by judgment and order dated 10th December, 2011 declaring that the said order 'treating th..Category: Property Law | Date: 17 Jul, 2012 | Hits: 8
Aysha Siddiqua Vs. Fazilatunnesa and other, 2012, 41 CLC (AD)
....e concurrent findings of all the three courts below. So, we find no merit in this leave petition and hence it is dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 117. ......fendant No.2 as Vice President, defendant No.3 was shown as General Secretary and defendant Nos.6 and 7 were shown as members of the Executive Committee. That the said newly formed committee was absolutely illegal and the plaintiff was not bound by any decision taken by that illegal committee. ..Category: Others | Date: 15 Jul, 2012 | Hits: 6