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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 ......esses-applicant Padma Oil Company Limited, wherefrom it appears that the instant assessee-applicant company has the status alike Jamuna Oil Company limited and therefore this court is in irresistible view that the instant company Padma Oil Company limited also derives its income as a commission agen..Category: Fiscal/Taxation Law | Date: 7 Aug, 2012 | Hits: 5
Bangladesh Telecommunications Company Ltd Vs. CPTU, 2012, 41 CLC (HCD)
....uot; to any purchasing entity but it cannot pass any order of "direction" upon any purchasing entity. Mr. Kamal further submits that the observation and decision given by Review Panel-2 are erroneous having led to a wrong conclusion. 9. Per contra, Mr. Abdul Matin Khashru, the learned......nal 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 Judgmen..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)
....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. ...... purely temporary; that the respondent No.1 being purely temporary and daily basis worker having a fresh engagement with a break in every 90 days inasmuch as, his case does not come under the purview of the provision of Section 4(1) and (2) of the Employment of Labour (Standing Order)(sic) Act,..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)
.... 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. ...... of commission to be paid to him. This Court has power to ascertain title of the parties in respect of there disputed shares as per provisions of sub-Section (3) of section 43 of the Act. 10. In view of the deliberation record above I find merit in the application. 11. In the result, the a..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)
....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. ......spite of that, the Ministry of Education requested that the sweepers should be transferred to the revenue budget and by its memo dated 9th September, 2009, intimated the writ petitioners that in view of the memo of the Ministry of Establishment dated 17th March, 2009, transfer of their posts to..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)
.... 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. ......In spite of that the Ministry of Education requested that the sweepers should be transferred to the revenue budget and by its memo dated 9th September, 2009 the intimated the writ petitioners that in view of the memo of the Ministry of Establishment dated 17th March, 2009 transfer of their posts to ..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. ...... a security of the said loan and that he returned back most of the money to the plaintiff on different dates which were duly noted in his diary, so onus was heavily upon him to prove the said case in view of the fact that the agreement was a registered one. From the judgment and decree of the trial ..Category: Civil Law | Date: 5 Aug, 2012 | Hits: 40
Yasin Rahman @ J Rahman Yasin @ Titu Vs. State, 2012, 41 CLC (AD)
....igh 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 conspiracy first ......ife, and found the appellant along with two others not guilty of the charges relying upon their confessional statements and the circumstantial evidence. The trial Court, however, was of the view that the prosecution had failed to prove the charge of criminal conspiracy against all the accu..Category: Criminal Law | Date: 1 Aug, 2012 | Hits: 36
National Board of Revenue Vs. Abu Saeed Khan and others, 2012, 41 CLC (AD)
....perators are levying charges upon the subscribers of mobile phones at the rate fixed by the BTRC together with VAT, the NBR has no power to add tax or supplementary duty. The opinion appears to us erroneous. There are conflicting findings of the High Court Division on the question of determinati......then entitled to procure a mobile phone connection but because of the fixed excessive tariff value he could not procure such mobile phone for himself and for his other family members. We are of the view that the petitioner "is an aggrieved person and hence he has locus-standi to move the writ pe..Category: Fiscal/Taxation Law | Date: 1 Aug, 2012 | Hits: 27
Monindra Nath Biswas Vs. Kantaram Mondal and others, 2012, 41 CLC (HCD)
....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. ......Title Appeal No.192 of 1990 and that appeal was heard by the learned Additional District Judge, 1st Court, Khulna who after making vivid discussions of the evidence on record subscribed the same view with the learned Assistant Judge and came to a finding that the plaintiff purchased the suit la..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. ......uch circumstances section 233 has invested this court with wide powers to pass appropriate orders as permitted by the clauses (a) (b) and (c) to sub-section (3) of section 233 of the Act. 10. In view of the deliberation recorded above, this petition merits to be allowed in part with necessary d..Category: Company Law | Date: 31 Jul, 2012 | Hits: 16
Southeast Bank Ltd Vs. District Magistrate, Chittagong and others, 2012, 41 CLC (HCD)
....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 ......d 2 to appoint a Magistrate of First Class for handing over the possession and control of the mortgaged property to the Financial Institution/Bank when 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 nece..Category: Constitutional Law | Date: 30 Jul, 2012 | Hits: 1
Energy Prima Ltd Vs. People's Republic of Bangladesh and others, 2012, 41 CLC (HCD)
....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 ......entitled to invoke the jurisdiction of this Court under article 102 of the Constitution, for, such course will tantamount to saying good bye to the terms of the agreement which cannot be permitted in view of the candid admission of the parties, evidencing the fact that their relationship is governed..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 ...... Police Station nor to the Chairman or Member of the Union Parishad. Delay in setting the law into motion by lodging of complaint in Court or of first information report at police station is normally viewed by courts with suspicion because there is possibility of concoction of evidence against an ac..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 ...... occurrence took place regarding the marriage of Abedin with Momena. He further submits that victim Abedin was a well-known notorious thief and he went inside the room of the accused-appellant with a view to commit theft and the victim was found under the chowki where the Television, VCP etc. were k..Category: Criminal Law | Date: 25 Jul, 2012 | Hits: 9
AKM Shafiuddin Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....n the Parliament, as we are doing so in the instant case, save, with a view to allay confusion that seems to have permeated into the mind of the Hon'ble Speaker, apparently because of the infusion of erroneous information, we are putting the misunderstood facts right and expressing our expectation a......ation on sub-judice matter is also well expected. While on our part we must also not record any observation on anything uttered in the Parliament, as we are doing so in the instant case, save, with a view to allay confusion that seems to have permeated into the mind of the Hon'ble Speaker, apparentl..Category: Constitutional Law | Date: 24 Jul, 2012 | Hits: 236
Nalu Vs. State, 2012, 41 CLC (AD)
....e sentence of the death to one of imprisonment for life. Accordingly, Jail Petition No.09 of 2010 is dismissed with the modification of sentence. Ed. This Case is also Reported in: ......Nalu was written as 22 years. Having considered the evidence on record, the confessional statement as well as the statement recorded under section 342 of the Code of Criminal Procedure, we are of the view that the condemned-prisoner was not a minor at the time of commission of the offence. Therefore..Category: Criminal Law | Date: 22 Jul, 2012 | Hits: 111
A.N. Istiaq Ahmed Vs. Abdus Salam Khan and others, 2012, 41 CLC (AD)
.... 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: ......s in the impugned memo is(sic) hereby set aside, meaning that the purported newly elected Executive Committee stands dissolved. The unlawfully created General Council is also hereby dissolved. In view of the vacume, the National Sports Council, the parent body is directed to set up an ad-hoc Com..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)
....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. ......der dated 28th October, 1996 directed for recording the said land along with other lands as abandoned property in Miscellaneous Case No.2103 of 1994. The writ petitioners then sought for judicial review of the said order in the High Court Division. The Secretary, Ministry of Lands, contested the ..Category: Property Law | Date: 17 Jul, 2012 | Hits: 8