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Orascom Telecom Bangladesh Ltd Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....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. ......nt of license renewal fee and spectrum assignment fee. The petitioner company is bound to pay the net amount of the license renewal fee fixed by BTRC, without any kind of deduction. 39. From the record it appears that after issuance of SRO dated 30 June 2010, the petitioner company has made all......r as per Article 40 of the Constitution of the People’s Republic of Bangladesh without interruption since there is an implied covenant that the petitioner’s right provide mobile operating service can not be interrupted by way of imposing unreasonable and discriminatory fee in violation o..Category: Fiscal/Taxation Law, Information Technology Law | Date: 14 Aug, 2012 | Hits: 19
Tapan and others Vs. State, 2012, 41 CLC (AD)
....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. ...... August 13, 2012. Result: The petitions are dismissed. Though there 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 ......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
.... 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
...... favour of the defendant-opposite parties. There has been misreading and non-reading of evidence in sifting evidence and the learned lower appellate court has totally failed to assess the evidence on records and appreciate the actual position of law. The learned Advocate for the petitioner further s......ted 12.04.1978 is illegal, without jurisdiction, ineffective and not binding upon the plaintiff and also for a direction to the defendant-opposite parties to reinstate the plaintiff-petitioner in his service and post with all arrear salaries, seniority, facilities and benefit in accordance with law...
Category: Constitutional Law, Employment/Service Law | Date: 8 Aug, 2012 | Hits: 3
Government of Bangladesh Vs. ATM Mannan and another, 2012, 41 CLC (AD)
....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. ......i Hasan affirmed an affidavit before the Court of Magistrate, First Class, Dhaka. While in possession of the said property, Mrs. Farhat Hasan mutated her name in respect of the same in the government records and also in the register of the City Corporation. She paid all taxes including the municipal......bdul Matin Khasru, learned Senior Advocate for respondent No.1 has cited the case of Bangladesh, represented by the Secretary, Ministry of Works and others (ibid) in which it has been held that prior service of notice for enlistment of the building as abandoned property is a condition precedent an..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 ......d the fact that this bench has already decided the point, raised herein, in the income tax Reference Application No. 94 of 2011. 11. We have heard the learned advocates, perused the materials on record. 12. It appears that under the provision of Bangladesh Oil and Gas Corporation Order, 19......ppeal) and then 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 ..Category: Fiscal/Taxation Law | Date: 7 Aug, 2012 | Hits: 5
Bangladesh Telecommunications Company Ltd Vs. CPTU, 2012, 41 CLC (HCD)
....ng in the Loan Agreement which is contrary to the provisions of PPA or PPR, only then the provision of the Loan Agreement shall prevail. Other wise, the PPA shall apply in all types of procurement of goods, work or services by the Government under a loan or grant agreement with a foreign organisatio......nce it transpires from the observation given by, the Review Panel 2 in its decision and order that NETAS has the necessary experience of successfully completing transmission turnkey project record in BTCL in recent years, its participation should help BTCL in finding put a bidder with chea......Agreement which is contrary to the provisions of PPA or PPR, only then the provision of the Loan Agreement shall prevail. Other wise, the PPA shall apply in all types of procurement of goods, work or services by the Government under a loan or grant agreement with a foreign organisation or state&hell..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. ...... had no manner of application in the instant cases; "internal note is not maintainable in law" as no letter of appointment, was given to the respective petitioner and only for official record note was initiated with the provision of no work no pay' and, as such, the finding o......on. The petitioners were appointed 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..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. ...... rectification of Register of members and to pass necessary orders accordingly. 5. Learned Advocate Mr. Moksedul Islam appearing for the respondent No.3, in his argument, reiterated the facts as recorded herein before and emphafically submits that there is no clear documents to ascertain the ti...... 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. ..Category: Company Law | Date: 6 Aug, 2012 | Hits: 8
Shahjahan Khalifa and others Vs. State, 2012, 41 CLC (AD)
....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. ................Respondent Judgment August 6, 2012. Result: The petition is dismissed. The Code of Criminal Procedure, 1898 (Act No. V of 1898); section 161 A statement recorded under section 161 of the Code of Criminal Procedure is not a substantive evidence. Mer......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)
....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. ...... which he is seeking absorption. (v) An officer or employee must have continuity in service in the project in which he is working. (vi) An officer or employee must have satisfactory service record before his case is considered for regularization in the revenue budget. (vii) If an offi......tment in public employment. (iv) An officer or employee must have requisite qualifications for the post in which he is seeking absorption. (v) An officer or employee must have continuity in service in the project in which he is working. (vi) An officer or employee must have satisfacto..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. ...... which he is seeking absorption. (v) An officer or employee must have continuity in service in the project in which he is working. (vi) An officer or employee must have satisfactory service record before his case is considered for regularization in the revenue budget. (vii) If an offi......tment in public employment. (iv) An officer or employee must have requisite qualifications for the post in which he is seeking absorption. (v) An officer or employee must have continuity in service in the project in which he is working. (vi) An officer or employee must have satisfacto..Category: Employment/Service Law | Date: 6 Aug, 2012 | Hits: 5
Shahjahan Khalifa and others Vs. State, 2012, 41 CLC (AD)
....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: ......ccused fled away. Subsequently, an F.I.R. was lodged with the Bhangoora Police Station resulting in Bhangoora P.S. Case No.2/31 dated 15.11.1993. 4. Police took up investigation of the case and recorded the statements of the witnesses under section 161 of the Code of Criminal Procedure. On con......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)
....use of the need of cash money, the defendant agreed to the said proposals of the plaintiff and then on 27-9-1982 an agreement was executed as a security of the loan for an amount of Taka 1, 65,000 on good faith, though, in fact, a sum of Taka 1, 25,000 was only paid to him which fact was duly noted ......ribed in the schedule to the agreement dated 27-9-1982 and in fact, the same stood as a security for the loan of Taka 1, 50,000 taken by the defendant and this verbal statements of the plaintiff were recorded in a cassette and because of such admission of the plaintiff, the suit was not maintainable...... 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
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. ......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. ......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. ..Category: Procedural Law | Date: 2 Aug, 2012 | Hits: 7
Yasin Rahman @ J Rahman Yasin @ Titu Vs. State, 2012, 41 CLC (AD)
....Wendell Holmes Jr.). The Judge, even when he is free, is not wholly free. He is not to innovate at pleasure. He is not a knight-errant roaming at will in pursuit of his own ideal of beauty or of goodness. ......He is not to yield to spasmodic sentiment, to vague and unregulated benevolence...... as major contradictions and on this score, no reliance could be attached upon her so far as it relates to the story of threat. 44. When a witness 'is contradicted with his earlier statement recorded by the police in course of investigation, the only effect that it can have is to reduce the......at that time told accused Yasin Rahman @ Titu that he would look for a terrorist. In his confessional statement accused Didarul Alam stated further that he got addicted on hero an after quitting service in January, 1999 and used to go to the "heroin addakhana" of Jahangir of Rajakhali..Category: Criminal Law | Date: 1 Aug, 2012 | Hits: 36
National Board of Revenue Vs. Abu Saeed Khan and others, 2012, 41 CLC (AD)
....plementary duty in pursuance of such estimation of tariff value on SIM/RUIM Cards treating the supply of the said Cards by the operators as service. Section authorizes the NBR to impose VAT on all goods imported other than the goods mentioned in the First Schedule and the services mentioned in t......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. ......n dated 9th June, 2005 and the said amount was subsequently reduced to Taka 1,628.96 on 30th June, 2005. The said tariff value has been fixed for the programmed SIM/RUIM Card treating the same as a service. By SRO No.159 dated 9th June, 2005 the previous SRO No. 170 dated 8th June, 2000 was amend..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. ......rchased the suit land by his own money and got possession thereon. He stated possessing the entire purchased land and continued his possession for more than 12 years. During SA operation the land was recorded in the name of his name-lender namely, Akhil Chandra Biswas who died leaving behind the def......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. ......জন পরিচালক উপস্থিত হলে কোরাম পূর্তি সংখ্যা হয়েছে ধরতে হবে”। 7. It further appears from the record that the cause of action for filing the application has arisen following notice dated 10-5-20......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
Energy Prima Ltd Vs. People's Republic of Bangladesh and others, 2012, 41 CLC (HCD)
....ave reiterated such binding. In this backdrop the petitioner is not 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 ......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 ......hat the petitioner claims relief on the basis of recitals of the agreement whereas the respondents deny his entitlement of the strength of the very terms and conditions of the agreement passed into a service by the petitioner. It is appropriate to notice that the case in hand does not repre..Category: Business or Commercial Law, Constitutional Law | Date: 29 Jul, 2012 | Hits: 6
Md. Shahabuddin Vs. State, 2012, 41 CLC (AD)
....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. ....... Hence leave is granted. Preparation of the paper book is dispensed with as prayed for. We have considered the prayer for bail of the accused-petitioner. Considering the evidence on record we allow the prayer. 7. Let the accused-petitioner Md. Shahabuddin, Con.No.896/A confine......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
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