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Kamal Vs. State, 2012, 41 CLC (HCD)

.... in the trial court. That on 18-2-2008 after pronouncement of judgment the convict-petitioner voluntarily surrendered before the trial court on 11-8-2009. Since the convict could not prefer appeal in time as such, he has filed an application under section 561A of the Code of Criminal Procedure obtai......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.   ..

Category: Criminal Law, Arms Law | Date: 16 Aug, 2012 | Hits: 2

Orascom Telecom Bangladesh Ltd Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....in violation of 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 lic......e guidelines 2011 whatsoever. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 148.     ..

Category: Fiscal/Taxation Law, Information Technology Law | Date: 14 Aug, 2012 | Hits: 19

Tapan and others Vs. State, 2012, 41 CLC (AD)

....mation, the informant and other persons took the victim to the Dhaka Medical Hospital and on the way, he dis­closed the names of the petitioners as his assailants. Victim died in the hospital sometimes thereafter. Besides the above dying declaration, the prosecution has also relied upon the conf......ed with the modification of sentence. Since convicts have preferred regular petitions, jail petitions have rendered infructious. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 174. ..

Category: Procedural Law | Date: 13 Aug, 2012 | Hits: 4

Jnanendra Nath Barai Vs. The Secretary, Ministry of Law, Justice and Parliamentary Affairs and others, 2012, 41 CLC (HCD)

....sel further submits that the domicile of origin is not a matter of choice or free will which is received or communicated to him by birth and the domicile in origin is not lost by mere Absence for the time being nor it is extinguished for temporary absence of anybody. It is a fact that the plaintiff-...... at-once to the court concerned for information and necessary action. 33. Send back the Lower Court's Record immediately. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 3 ..

Category: Constitutional Law, Employment/Service Law | Date: 8 Aug, 2012 | Hits: 3

Government of Bangla­desh Vs. ATM Mannan and another, 2012, 41 CLC (AD)

....n thereof to them as part performance of the contract. There was no allegation that she was not a citizen of Bangladesh or she was the national of any country, which was at war with Bangladesh at any time after 25th March, 1971. As such, the very inclusion of the case property in the Kha list of aba......the Rule absolute. Accordingly, the appeal is allowed and the impugned judgment is set-aside. There is no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 10. ..

Category: Property Law | Date: 8 Aug, 2012 | Hits: 84

Padma Oil Company Ltd Vs. Commissioner of Taxes, 2012, 41 CLC (HCD)

....94. The assessee-applicant company is engaged in business of dis­tribution petroleum product under the Bangladesh petroleum corporation and derives income from commission money, rate of which was time to time, fixed by the government upon distribution and marketing of petroleum and alike product......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)

....cified in the pre-qualification document. Thereafter, BTCL vide its letter dated 2-8-2011 asked NETAS to provide clarification on 4(four) specific points within 3-8-2011, i.e., allowing only one days time. In reply to query Nos.1 and 2, in which BTCL raised questions regarding the registra­tion ......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. ..

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)

....ointed on the basis of the decision taken by the Biman on 13-10-1996 as appeared in the office note stated in paragraph 3 of the writ petitions and subsequent­ly their services were extended from time to time on the basis of the decision taken by the authori­ty of the Biman. The petitioners ......as claimed, but they were placed at different places as casual workers to work. The respective first party has been working under the second parties without any regular appointment letter and regular scale of pay, increment of pays or other service benefits and, as such, they were not entitled to an..

Category: Labour and Industrial Law | Date: 7 Aug, 2012 | Hits: 18

Shahjahan Khalifa and others Vs. State, 2012, 41 CLC (AD)

....line of demarcation between them. Accused Shahjahan replied that since he (the informant) filled up the ditch with branches of trees the informant could not remove those if he dared to do so. At that time, Yunus Khalifa, Alefuddin Khalifa began throwing bricks aiming at the informant. At that point ......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. ..

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)

....ed judgment dated 22nd April, 2010 of the High Court Division in Writ Petition No.849 of 2009, in which, another Division Bench directed to absorb 20 sweepers out of 63 who were appointed at the same time and observed that the Government should not discrimi­nate the writ petitioners in consideri......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)

....dg­ment dated 22nd April, 2010 of the High Court Division in Writ Petition No.849 of 2009, in which, another Division Bench directed to absorb 20 sweepers out of 63 who were appointed at the same time and observed that the Government should not discriminate the writ petitioners in considering th...... 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

Shahjahan Khalifa and others Vs. State, 2012, 41 CLC (AD)

....line of demarcation between them. Accused Shahjahan replied that since he (the informant) filled up the ditch with branches of trees the informant could not remove those if he dared to do so. At that time, Younus Khalifa, Alefuddin Khalifa began throwing bricks aiming at the informant. At that point......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: ..

Category: Criminal Law | Date: 6 Aug, 2012 | Hits: 113

Yousuf Chowdhury (Md.) Vs. Md. Emran and another, 2012, 41 CLC (HCD)

.... the money by the defendant. The plaintiff proposed to write the figure of Taka 2, 00,000 instead of Taka 1, 50,000 in the agreement with the further condition that he would pay Taka 1, 25,000 at the time of execution of the agreement and the rest of Taka 25,000 would be paid later on. The plaintiff...... 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)

....wo accused Alamgjr and Omar Ali alias Zahangir guilty under sections 302/34 and 120B of the Penal Code and sentenced them also to imprisonment for life with fine. 5. The trial Court believed the time, the place and the manner of occurrence arid also found that the confessional statements of Did......say that con­fession is amount to proof. Clearly there must be other evidence. The confession is .only one element in the consideration of all the facts proved in the case; it can be put into the scale and weighed with the other evidence". 86. In Kashmira Singh Vs. State of Madhya Prad..

Category: Criminal Law | Date: 1 Aug, 2012 | Hits: 36

National Board of Revenue Vs. Abu Saeed Khan and others, 2012, 41 CLC (AD)

.... standard and prospects of telecommunications services in Bangladesh, are frequently published in National Daily Newspapers with wide circulation in Bangladesh. The petitioner is also engaged from time to time as consultant communications in matters. The petitioner is a strong advocate of afford......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. ..

Category: Fiscal/Taxation Law | Date: 1 Aug, 2012 | Hits: 27

Monindra Nath Biswas Vs. Kantaram Mondal and others, 2012, 41 CLC (HCD)

....in the name of the defendant's father as he was trustworthy to the plaintiff and the defendant was living in his mess. It has been specifically stated that the plaintiff himself had paid rent sometimes by himself sometimes through his son and has been possessing the property by himself for more ......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

Energy Prima Ltd Vs. People's Republic of Bangladesh and others, 2012, 41 CLC (HCD)

....ompany which is quoted below; "52N. Collection of tax on account of rental Power:—Notwithstanding anything con­tained in this ordinance. Bangladesh Power Development Board, at the time of payment to any rental power company on account of pur­chase of rental power from that co......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. Shahabuddin Vs. State, 2012, 41 CLC (AD)

.... pointed out also that the P.W.2 another inmate of the P.O. house, during cross-examination, has stated that on the date of occurrence the P.W.1 Rahima Begum was not in the P.O. house she was at that time at her father's house and his argued that this evidence of the P.W.2 has belied the evi­dence ......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. ..

Category: Criminal Law | Date: 29 Jul, 2012 | Hits: 102

Md. Arfan Ullah alias Arfan and others Vs. The State, 2012, 41 CLC (HCD)

....4 of the Penal Code pending in the Court of the Magistrate, 1st Class, Cognizance Court No.1, Moulvibazar is quashed so far as it relates to the petitioners. 13. The order of stay granted at the time of issuance of the rule and extended from time to time is hereby vacated. Communicate a co...... 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 ..

Category: Criminal Law, Procedural Law | Date: 25 Jul, 2012 | Hits: 1

Ishaque Ali (Md.) Vs. State, 2012, 41 CLC (HCD)

....p; was  ante-mortem and homicidal in nature. 7. The police investigated the case and submitted charge-sheet against the accused-appellant under section 302 of the Penal Code. 8. At the time of investigation, the police arrested the accused-appellant who made confessional statement und......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       ..

Category: Criminal Law | Date: 25 Jul, 2012 | Hits: 9