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Kamal Vs. State, 2012, 41 CLC (HCD)
.... On an application under section 561A of the Code of Criminal Procedure and a rule was issued calling upon the opposite-party to show cause as to why the judgment and order of conviction and sentence dated 6-3-2008 passed by the learned Metropolitan Special Tribunal No.7, Dhaka in Special Tribunal C......wanted in connection with any other case. Send down the lower court records and communicate the order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 145. ......e is also Reported in: 18 BLC (HCD) (2013) 145. ..Category: Criminal Law, Arms Law | Date: 16 Aug, 2012 | Hits: 2
Orascom Telecom Bangladesh Ltd Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....h Telecommunication Regulatory Commission issued under the signature of Deputy Director, Legal and Licensing Division (Respondent No.4) vide Memo No.BTRC/LL/Mobile/License Renewal (382)/2011-688 dated 17-10-2011 (Annexure 'A') claiming Spectrum Assignment Fee based on Market Competition......p; of the impugned letter claiming additional spectrum assignment fees is nothing but the cancellation of earlier assignment given to the petitioner vide letter dated 30-11-2008 without issuing notice upon the petitioner for such cancellation of assignment is nothing but complete denial of nat......f the Telecommunication Regulation Guideline and without giving the petitioner scope to defend themselves. ............ (13) Section 6 (3) of the VAT Act, 1991 specifies the time when VAT for the services becomes payable. Since no service has been provided by renewal of license no VAT is..Category: Fiscal/Taxation Law, Information Technology Law | Date: 14 Aug, 2012 | Hits: 19
Tapan and others Vs. State, 2012, 41 CLC (AD)
....l Petition No.145 of 2010) None Represented—For the Respondent. (In all the cases) Criminal Petition for Leave to Appeal Nos.91, 195 and 145 of 2010. (From the judgment and order dated 18-8-2009 passed by the High Court Division in Death Reference No.74 of 2005 with Criminal App...... result of gun shot injuries. Though the victim sustained five gun shot injuries, of them, one is on the neck, on a close scrutiny of the autopsy report which has 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 ......ere were sufficient evidence against the petitioners in support of the charge, it is not clear from the materials on record that all the petitioners have shot at the victim or that who is responsible for the cause of death. The evidence in this connection is superficial in nature. As there is n..Category: Procedural Law | Date: 13 Aug, 2012 | Hits: 4
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Civil Revision No. 3095 of 1999
Judgment
Soumendra Sarker J.— The Rule have been issued calling upon the Opposite Parties to show cause as to why the impugned judgment and decree dated 22.06.1999 passed by the learned Subordinate Judge, 1st Court, Narail in Title Appeal No.63 of......o. 179(2)-G dated 17.04.1978 and the learned District Judge conveyed the same to the plaintiff-petitioner. It is the positive case of the plaintiff-petitioner that he was neither given any show cause notice nor any opportunity of being heard in person. Challenging the termination order of the plaint......o the issuance of the Rule, in brief, can be stated thus, the plaintiff-respondent-petitioner instituted a Title Suit being No.455 of 1978 in the Court of learned Senior Assistant Judge, Narail Sadar for declaration that the order dated 12.04.1978 passed by the defendant-appellant-opposite party no...
Category: Constitutional Law, Employment/Service Law | Date: 8 Aug, 2012 | Hits: 3
Government of Bangladesh Vs. ATM Mannan and another, 2012, 41 CLC (AD)
.... instructed by Sufia Khatiun, Advocate-on-Record-For Respondent No.1. Md. Taufiq Hossain, Advocate-on-Record- Respondent No.2. Civil Appeal No. 99 of 2008. (From the judgment and order dated 23-8-2006 passed by the High Court Division in Writ Petition No.5426 of 2004). Judgment ......roperty in the Kha list of abandoned buildings is ex-facie void for want of jurisdiction and is violative of the Article 42 of the Constitution. 6. The writ-petitioners further submitted that no notice was served upon them or their vendor for surrendering or taking over possession of the case p.......613/58 Road No.28 (Old) Dhanmondi Residential Area, Dhaka in the 'Kha' list of the abandoned buildings published in the Bangladesh Gazette dated 23-9-1986 at page 9764 (15) at serial No.7 and prayed for direction to release the said property from the list. 3. The case of the respondents was th..Category: Property Law | Date: 8 Aug, 2012 | Hits: 84
Padma Oil Company Ltd Vs. Commissioner of Taxes, 2012, 41 CLC (HCD)
....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 ...... to the taxes appellate tribunal the assessee-applicant upon formulating aforementioned the question filed the instant Income Tax Reference for an opinion from this court. 7. Upon service of the notice the learned Deputy Attorney-General' Mr. Abdur Rahim Bhuiyan, appeared on behalf of the t......ication 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 same assessee-applicant, Padma Oil Co. Ltd. Have been taken together for hearing as both the matter involve the similar question of law and therefore disposed of by this..Category: Fiscal/Taxation Law | Date: 7 Aug, 2012 | Hits: 5
Bangladesh Telecommunications Company Ltd Vs. CPTU, 2012, 41 CLC (HCD)
....mon questions of law and fact, they are taken up together for hearing and disposed of by this single judgment. 2. In Writ Petition No.5073 of 2012, the petitioner challenges a decision and order dated 6-3-2012 passed by Review Panel-2, a quasi-judicial body constituted under Section 30(3) of th......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. ...... Writ 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-qualificat..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)
....an, Advocate-on-Record—For Respondent No.1 (In all cases) None appears—For Respondent Nos.2-3 (In all cases) Civil Appeal Nos. 280-291 of 2009. (From the judgment and order dated the 27th day of April 2006 passed by the High Court Division in Writ Petition No 1698 of 2004)......ent of Labour (Standing Orders) Act, 1965 (the Act, 1965). The respective first party had no cause of action for filing the respective IRO case. The respective first party did not serve any grievance notices upon the second parties before filing the case as required by section 25(1) of the Act, 1965......Petition Nos.698 of 2004, 1699 of 2004, 1700 of 2004 1695 of 2004, 1696 of 2004, 1697of 2004, 1405 of 2004, 1406 of 2004, 1407 of 2004, 1408 of 2004, 1409 of 2004 and 1410 of 2004 respectively before the High Court Division challenging the decision dated 03-3-2004 passed by the Chairman, T..Category: Labour and Industrial Law | Date: 7 Aug, 2012 | Hits: 18
Shahjahan Khalifa and others Vs. State, 2012, 41 CLC (AD)
....Attorney-General, instructed by Madhu Maloti Chowdhury Barua, Advocate-on-Record—For the Respondent. Criminal Petition for Leave to Appeal No.292 of 2009. (From the judgment and order dated 16th July, 2008 passed by the High Court Division in Criminal Appeal No.3399of2001) Judgm......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. ......cate-on-Record—For the Respondent. Md. Shohrowardi, Deputy Attorney-General, instructed by Madhu Maloti Chowdhury Barua, Advocate-on-Record—For the Respondent. Criminal Petition for Leave to Appeal No.292 of 2009. (From the judgment and order dated 16th July, 2008 passed b..Category: Criminal Law | Date: 6 Aug, 2012 | Hits: 7
Shahjahan Khalifa and others Vs. State, 2012, 41 CLC (AD)
.... Attorney General, instructed by Mrs. Madhu Maloti Chowdhury Barua, Advocate-on-Record-For the Respondent. Criminal Petition for Leave to Appeal No.292 of 2009. (From the judgment and order dated 16th July, 2008 passed by the High Court Division in Criminal Appeal No.3399 of 2001) Jud......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: ...... Shahjahan Khalifa and others..........Petitioners Vs. The State......................................Respondent Judgment August 6, 2012. Result: The criminal petition for leave to appeal is dismissed. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For ..Category: Criminal Law | Date: 6 Aug, 2012 | Hits: 113
Yousuf Chowdhury (Md.) Vs. Md. Emran and another, 2012, 41 CLC (HCD)
....r. Abdul Wadud Bhuiyan, Senior Advocate instructed by Sufia Khatun, Advocate-on-Record—For the Respondents. Civil Petition for Leave to Appeal No.2536 of 2010. (From the judgment and order dated the 20th day of May, 2010 passed by the High Court Division in First Appeal No.99 of 1992). ......aka 1, 89,000 to the defendant and only Taka 11,000 remained as balance. As the defendant did not execute and register the kabala on receipt of the balance consideration, the plaintiff served a legal notice on him on 16-6-1984 with the request to execute and register the kabala within 7(seven) days ......volved: Syed Mahbubar Rahman, Advocate-on-Record-For the Petitioner. Abdul Wadud Bhuiyan, Senior Advocate instructed by Sufia Khatun, Advocate-on-Record—For the Respondents. Civil Petition for Leave to Appeal No.2536 of 2010. (From the judgment and order dated the 20th day of May, 2010..Category: Civil Law | Date: 5 Aug, 2012 | Hits: 40
Yasin Rahman @ J Rahman Yasin @ Titu Vs. State, 2012, 41 CLC (AD)
....ral and Mohsin Rashid, Advocate with him) instructed by Madhumaloty Chowdhury Barua, Advocate-on-Record—For the Respondent. Criminal Appeal No.33 of 2011. (From the judgment and order dated 28-3-2007 passed by the High Court Division in Government (Criminal) Appeal No.34 of 2002 hear......or corroborate the charge of conspiracy; that the evidentiary value, of Zakir Hossain (P.W.16) has to be tested along with the evidence of Hosen Bhanu (P.W.20) and Titli Tayebi (P.W.32) and also noticed that P.W.16 was declared hostile by the prosecution. The trial Court also disbelieved SM Lia......is appeal the legality of the conviction of the appellant Yasin Rahman @ Rahman @ Yasin @ Titu Muzibur Rahman (Titu) given by the High Court Division under sections 302/109 and 120B of the Penal Code for the murder Jibran Tayyabi (Jibran) by setting-aside the judgment and order of acquittal passed b..Category: Criminal Law | Date: 1 Aug, 2012 | Hits: 36
National Board of Revenue Vs. Abu Saeed Khan and others, 2012, 41 CLC (AD)
....ecord- For Respondent No.9 (In both the appeals). Not Represented-For Respondent Nos.2-5 & 8 (In both the appeals). Civil Appeal Nos. 38-39 of 2007. (From the judgment and order dated 24-8-2006 passed by the High Court Division in Writ Petition Nos.4356 of 2005.) Judgment......er of PIL. In the name of public interest frivolous applications should be avoided……………………………(10) Present trends of a group of lawyers with PILs Now-a-days, it is noticeable that a group of lawyers have developed a tendency of filing PIL petitions on behalf of ......ation invokes the jurisdiction of the court, on behalf of such persons, who by reason of poverty, lack of education, helplessness, social disabilities or economic paucity cannot seek legal redress for the violation of their rights, fundamental or legal in the court of law. The High Court Divisio..Category: Fiscal/Taxation Law | Date: 1 Aug, 2012 | Hits: 27
Monindra Nath Biswas Vs. Kantaram Mondal and others, 2012, 41 CLC (HCD)
....ite-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 learned Additional District Judge;1st Khulna in Title Appeal No.248 of......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. ......VII Rule 7 of the Code of Civil Procedure provides that, the plaint shall state specifically the relief which the plaintiff claims either simple or in alternative and it shall not be necessary to ask for general or other relief which is always be given as the Court may think just to the same extent ..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)
....er section 233 of the Companies Act, 1994 (the Act). 2. It appears from the statements made in the petition that the Company has been incorporated on 11-5-1997, vide certificate of incorporation dated 11-5-1997, under the Companies Act with 4 subscribers, subscribing for total 2000 numbers shar......s 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 that on 23-4-2012 a notice was issued by the Respondent No.2 (chairman of the respondent Company) convening an Extra-ord......eral meetings may, by ordinary resolution, ratify what has been done. In those circumstances the court will not allow a minority shareholder to bring an action perusing a matter which it is competent for the majority to approve on behalf of the company……..(8) Article 14 and 16 kee..Category: Company Law | Date: 31 Jul, 2012 | Hits: 16
Southeast Bank Ltd Vs. District Magistrate, Chittagong and others, 2012, 41 CLC (HCD)
....d for. The respondent Nos.1 and 2 are directed to disposed of the application as evident in Annexure-I strictly as per provision of Section 12(5)(ka) of the Act, 2003 within 15(fifteen) days from the date of receipt of this order. 3. With these observation and direction the application under Ar......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 ...... 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)
....dvance Income Tax (AIT) @ 4% by the respondent Nos. 1-4 from the monthly Rental and Energy Payment bill (Annexure-E & E-1) of the petitioner under Contract No. 09689 dated 16-1-2008 executed by and between the respondent No. 2 and the petitioner for 50 MW Power Plan......interpretation (b) If the Parties are unable to reach a settlement as per Article 19.2 (a) within 28 days of the first written correspondence on the matter of disagreement, then either party may give notice to the other party of its intention to commence arbitration in accordance with Article 1......ental and Energy Payment bill (Annexure-E & E-1) of the petitioner under Contract No. 09689 dated 16-1-2008 executed by and between the respondent No. 2 and the petitioner for 50 MW Power Plant at Shahjibazar (wrongly written as Kumargaon) Sylhet, should not be declared t..Category: Business or Commercial Law, Constitutional Law | Date: 29 Jul, 2012 | Hits: 6
Md. Shahabuddin Vs. State, 2012, 41 CLC (AD)
....structed by Md. Ibrahim Khalil, Advocate-on-Record—For the Petitioner. Respondent—Not represented. Criminal Petition for Leave to Appeal No.376 of 2009 (From the judgment and order dated 12.12.2006 passed by the High Court Division in Jail Appeal No.181 of 2006.) Order N......R. No.1147 of 2001) be enlarged on bail to the satisfaction of the Additional Sessions Judge, Lakshmipur, till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 886. ......owed. Lawyers Involved: Shamsuddin Ahmed Babul, Advocate instructed by Md. Ibrahim Khalil, Advocate-on-Record—For the Petitioner. Respondent—Not represented. Criminal Petition for Leave to Appeal No.376 of 2009 (From the judgment and order dated 12.12.2006 passed by the ..Category: Criminal Law | Date: 29 Jul, 2012 | Hits: 102
State Vs. Md. Aman Ullah Aman, 2012, 41 CLC (AD)
....atun, Advocate-on-Record—For the Petitioner. Mvi Md. Wahidullah, Advocate-on-Record—For the Respondent. Criminal Petition for Leave to Appeal No.371 of 2009. (From the judgment and order dated 7-10-2009 passed by the High Court Division in Criminal Miscellaneous Case No.21146 of 2009) ...... Magistrate directed for production of the case diary and fixed 8th October, 2009 for passing necessary order, and sent the accused-respondent into the judicial custody. The learned Magistrate also noticed from materials on record that the accused was sick and accordingly, directed the Jail auth......sed of with observations. Jurisdiction of a Court The jurisdiction of a Court or tribunal means the conditions on which the right of power of it to determine a matter depends. It follows, therefore, that such court or tribunal may be acting without or in excess of jurisdiction if this conditi..Category: Procedural Law | Date: 26 Jul, 2012 | Hits: 32
Md. Arfan Ullah alias Arfan and others Vs. The State, 2012, 41 CLC (HCD)
....strate, 3rd Class, who after inquiry sent report on 14.05.2002 to the Court of Magistrate against 4 accused persons including the petitioners. The learned Magistrate of Cognizance Court No.1 by order dated 14.05.2002 took cognizance of the offence under Sections 364/34 of the Penal Code and issued s....... He further submits that the proceeding is liable to be quashed as the allegation upon which it is based on the face of it is groundless or preposterous and no man of ordinary prudence will take any notice of it. He further submits that Section 561A is an independent inherent power of the High Cour......strate, 1st Class, Cognizance Court No.1, Moulvibazar Sadar, should not be quashed and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. Facts relevant for disposal of the Rule is that the complainant filed C.R. Case No.218 of 2002 on 26.07.2000 in the..Category: Criminal Law, Procedural Law | Date: 25 Jul, 2012 | Hits: 1
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