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

....ed the commission income assessable under section 83(2)" Facts of the case: 3. It has been asserted in both applications that the assessee-applicant is a subsidiary compa­ny of the Bangladesh petroleum corporation, operating under the ministry of petroleum having status of the pub......Court High Court Division (Special Original Jurisdiction) Present: AFM Abdur Rahman J FRM Nazmul Ahsan J Padma Oil Company Ltd..................Assessee-Applicant Vs. Commissioner of Taxes...…………………Respondent ......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 ......ip;……………Respondent Judgment August 7, 2012. Result: The Rule is disposed of. Lawyers Involved: Sarder Jinnat Ali, Senior Advocate with Md. Umber Ali, Advocate—For the Assessee-Applicant Md. Abdur Rahim Bhuiyan, DAG with Mahf..

Category: Fiscal/Taxation Law | Date: 7 Aug, 2012 | Hits: 5

Bangladesh Telecommunications Company Ltd Vs. CPTU, 2012, 41 CLC (HCD)

....se is also Reported in: 18 BLC (HCD) (2013) 98. ......ecial Original Jurisdiction) Present: Naima Haider J Md. Khurshid Alam Sarkar J Bangladesh Telecommunications Company Ltd and another.............................Petitioners Vs. Review Panel-2, Central Procurement Technical Unit (CPTU) and others..........Respondents ......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. ...... 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)

.... ......ar 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.....................Respondents Judgment August 7,......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. ......ining in the respective post. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 116. ..

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

Golam Rahman Vs. Registrar of Joint Stock Companies and Firms and others, 2012, 41 CLC (HCD)

....t shares. These IPO placement shares were purchased through the BO ID No. 1203-6800-1315-6518 of the respondent No.3 engaged in share trading business through his proprietorship concern named Capital Bangladesh, pursuant to a Memorandum of Understanding (MoU) signed on 4-3-2010. The petitioners furt...... (Statutory Original Jurisdiction) Present: Md. Rezaul Hasan J Golam Rahman………………………..................Petitioner Vs. Registrar of Joint Stock Companies and Firms and others.........Respondents Judgment ...... Let a copy of the judgment and order be sent to the Registrar of Joint Stock Companies & Firms. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 477.     ...... Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 477.     ..

Category: Company Law | Date: 6 Aug, 2012 | Hits: 8

Government of Bangladesh and others Vs. Md. Abul Kalam Azad and others, 2012, 41 CLC (AD)

.... Present: Md. Muzammel Hossain CJ Surendra Kumar 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, Bangladesh Secretariat, Ramna,......ossain 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....................................Respondent Judgment ......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. ...... 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)

....l) Present: Md. Muzammel Hossain CJ Surendra Kumar 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................................ahmud Hossain J Md. Shamsul Huda J Government of Bangladesh, represented by the Secretary, Ministry of Education and others..................................................Petitioners Vs. Md. Abul Kalam Azad and others ………………….......... 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. ...... 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

State Vs. Md. Artful Islam @ Arif, 2012, 41 CLC (AD)

....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. ...... Surendra Kumar Sinha J  Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Md. Imman Ali J Syed Mahmud Hossain J State......................................Petitioner Vs. Md. Artful Islam @ Arif................Respondent Judgment  August 2, 2012.......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. ......s petition is disposed of with the above observations. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 82. ..

Category: Procedural Law | Date: 2 Aug, 2012 | Hits: 7

Yasin Rahman @ J Rahman Yasin @ Titu Vs. State, 2012, 41 CLC (AD)

....354; Nayan Swami Vs. Emperor, AIR 1939 (PC) 47; Kashmira State (Surendra Kumar Sinha J) 19 BLC (AD) (2014); Singh Vs. State of Madras Pradesh, AIR 1952 SC 159; Amir Hussain Vs. State, 37 DLR(AD) 139; Bangladesh (State) Vs. Paran Chandra Baroi, 6 BCR (AD) 225; Khalil Khan Vs. State of Madhya Pradesh,......ssain CJ Surendra Kumar Sinha J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Md. Shamsul Huda J Yasin Rahman @ J Rahman Yasin @ Titu........Appellant Vs. State......................................................Respondent Judgment Au......efore the occur­rence he, Osman, Didar and Kiron went to that house and took heroin there. At that time Osman told them that Didar's "Khalato Bhai" Yasin Rahman @ Titu son of Khalil Shahab told him that one manager of a shipping company insulted him and his girl friend and also rap......his appeal is, however, dismissed by majority decision. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 8. ..

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

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

....matters judicial restrain is necessary and the judgment of the executive should not be interfered with…………………………(36)  Cases Referred to- Dr. Mohiuddin Farooque Vs. Bangladesh, 49 DLR (AD) 1; BRAC Vs. Professor Mozaffar Ahmed, 54 DLR (AD) 36; BALCO Employees Union......b Miah J   Nazmun 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 Au......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. ......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 that case it is essential for the ends of justice to allow the defendant to submit additional written statement and to adduce more evidence........ (34) Cases Referred to- Government of Bangladesh Vs. Sheikh Hasina, 60 DLR (AD) 90, 42 DLR 434; 12 MLR (AD) 105; Government of Bangladesh ......     ......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.       ......434; 12 MLR (AD) 105; Government of Bangladesh Vs. Sheikh Hasina, 60 DLR (AD) 90 paragraph 44; 46 42 DLR 434; 12 MLR (AD) 105; Habibur Rahman Vs. Abdul Wadood, 22 DLR 386. Lawyers Involved: Md. Nurul Amin with Sabya Sachi Mondal, Advocates—For the Petitioner. Abul Kalam Mainuddi..

Category: Property Law, Procedural Law | Date: 31 Jul, 2012 | Hits: 5

Southeast Bank Ltd Vs. District Magistrate, Chittagong and others, 2012, 41 CLC (HCD)

...., Advocate-For the petitioner. Writ Petition No.10053 of 2012. Judgment Mamnoon Rahman J.— In an application under Article 102 of the Constitution of the People's Republic of Bangladesh, the petitioner Bank have challenged inaction of the respondent Nos.1 & 2 to comply w......l Original Jurisdiction) Present: Mamnoon Rahman J Md. Abu Zafor Siddique J Southeast Bank Ltd……………………......Petitioner Vs. District Magistrate, Chittagong and others .......Respondents Judgment July 30, 2......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   ...... 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)

....ul Islam J Md. Ashraful Kamal J Energy Prima Ltd……………………………...Petitioner Vs. People's Republic of Bangladesh and others...............Respondents Judgment July 29, 2012.   Result......ion) Present: Md. Ashfaqul Islam J Md. Ashraful Kamal J Energy Prima Ltd……………………………...Petitioner Vs. People's Republic of Bangladesh and others...............Respondents Judgment ......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 ......mmunicate 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)

.... 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 ......Criminal Appellate Jurisdiction) Present: Borhanuddin J Mahmudul Hoque J Md. Arfan Ullah alias Arfan and others……………....Accused-Petitioners Vs. The State…………………………&h...... 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 ...... 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)

....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       ...... (Criminal Appellate Jurisdiction) Present: Mir Hashmat Ali J   Jahangir Hossain J   Ishaque Ali (Md.).....................................Appellant Vs. State…………………………&helli......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

Faizur Rahman (Md.) and another Vs. Mokarram Hossain and others, 2012, 41 CLC (HCD)

....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.   ......urt Division (Civil Appellate Jurisdiction) Present: Sharif Uddin Chaklader J Md. Zakir Hossain J Faizur Rahman (Md.) and another..................Plaintiff-Appellants Vs. Md. Mokarram Hossain and others................Defendant-Respondents Judgment Ju......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.   ...... 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)

....reme Court High Court Division (Special Original Jurisdiction) 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 oth......in: ......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: ......ly 24, 2012. Result: The petition is decided with few observations. Cases Referred to- Farooq Ahmed Khan Leghari Vs. Federation of Pakistan, PLD 1999 SC. 57, Ministry of Finance Vs. Mr. Md. Masder Hossain, 2000 BLD (AD) 104, S.P. Gupta Vs Union of India, AIR 1982 SC 149, India Vs Sank..

Category: Constitutional Law | Date: 24 Jul, 2012 | Hits: 236

A.N. Istiaq Ahmed Vs. Abdus Salam Khan and others, 2012, 41 CLC (AD)

....৭/জেন/৫০ dated 05.01.2009 issued by writ-respondent No.3, Secretary, National Sports Council (জাতীয় ক্রীড়া পরিষদ) constituting the Executive Committee of Bangladesh Shooting Federation (hereinafter referred to as the Federation) on the basis of election ......J Md. Abdul Wahhab Miah 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. Re...... 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: ......office is directed to communicate a copy of this judgment to each of the abovenamed persons. Ed. This Case is also Reported in: ..

Category: Civil Law | Date: 19 Jul, 2012 | Hits: 147

Md. Mozaffor Hossen and another Vs. Government of the People’s Republic of Bangladesh and others, 2012, 41 CLC (HCD)

....l Jurisdiction) Present: Farah Mahbub J Abdur Rob J Md. Mozaffor Hossen and another..........................Petitioners Vs. Government of the People’s Republic of Bangladesh and others…......Respondents Judgment July 18, 2012. Result: ...... Court High Court Division (Special Original Jurisdiction) Present: Farah Mahbub J Abdur Rob J Md. Mozaffor Hossen and another..........................Petitioners Vs. Government of the People’s Republic of Bangladesh and others…......Respondents......lier is hereby vacated and the trial court concern is accordingly directed to proceed with the case in accordance with law. Abdur Rob J. - I agree. Ed. This Case is also Reported in: ......agree. Ed. This Case is also Reported in: ..

Category: Anti-Corruption Laws | Date: 18 Jul, 2012 | Hits: 23

Government of Bangladesh and others Vs. Mir Md. Imam Hossain, 2012, 41 CLC (AD)

....l) Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Government of Bangladesh and others ............Appellants Vs. Mir Md. Imam Hossain………………...... Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Government of Bangladesh and others ............Appellants Vs. Mir Md. Imam Hossain………………………….Respondent Judgment July 17......nt of this Division we find no merit in this appeal. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 33.  ......, dismissed without any order as to costs. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 33.  ..

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. ......Wahhab Miah J  Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J  Aysha Siddiqua ..............................Petitioner Vs. Fazilatunnesa and other...................Respondents Judgment  July 15, 20......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. ......o merit in this leave petition and hence it is dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 117. ..

Category: Others | Date: 15 Jul, 2012 | Hits: 6