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Grameen Telecom Vs. Commissioner of Taxes, 2012, 41 CLC (HCD)

.... the Audit Report and submits that from the assessment order and the appellate orders it is evi­dent that the assessee did not claim to have paid advance duties, taxes, etc. at' source at the time of importing telephone sets. He next submits that from the Audit Report annexed to the referenc......istrar, Supreme Court of Bangladesh is directed to take step under section 161(2) of the Income Tax Ordinance, 1984. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 241   ..

Category: Fiscal/Taxation Law | Date: 3 Jun, 2012 | Hits: 4

Mehedi Hasan @ Modern (Md.) and others Vs. State, 2012, 41 CLC (AD)

....owing from that act. Anything contributing to, or bringing about the effect is spoken of its cause. A person can be said to cause something to happen only if that thing would not have occurred at the time and in the manner in which it could not occur if he had not done what he did. Suppose, if A put......ry accused to be adults and lumped appel­lant Asha in the same reasoning without giving any specific reason why his document was unac­ceptable. Moreover, he weighed all the accused on the one scale, whereas the rights accruing to each accused is individual to himself. 121. The High Cour..

Category: Criminal Law, Women and Children | Date: 3 Jun, 2012 | Hits: 30

Bangla Phone Limited Vs. Huawei Tech Investment Ltd. and another, 2012, 41 CLC (HCD)

....er for which the petitioner is yet to issue the Final Acceptance Certificate to respondent No.1 for the system which have been imported by the petitioner under the first pro-forma invoice. In the meantime, one Mr. Shahriar Husayn, the Account Manager of the petitioner made a e-mail to the respondent......the service rendered by the respondent company to the petitioner may be finally adjudicated by the SIAC Arbitration. However, there shall be no order as to costs. This Case is also Reported in: ..

Category: Arbitration Law | Date: 3 Jun, 2012 | Hits: 61

PHP Float Glass Industries Ltd Vs. Commissioner Customs, Excise and VAT and others, 2012, 41 CLC (HCD)

....ĻŽā§‚āϏāĻ•/āĻĒāĻŋāĻāχāϚāĻĒāĻŋ/āĻ—ā§āϞāĻžāϏ/ā§Ļā§Š/ā§Žā§Ē⧍ā§Ē-⧍ā§Ŧ dated 3-9-2005. Accepting the said approved price the peti­tioner continued its business sincerely. 4. In the meantime the price of the raw material being reduced to a considerable amount for which the petitioner s...... from the date of receipt of a certi­fied copy of this judgment and order. Communicate this judgment and order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 478 ..

Category: Fiscal/Taxation Law | Date: 30 May, 2012 | Hits: 3

Kazi Md. Habib Ullah Vs.Bangladesh and others, 2012, 41 CLC (HCD)

....ties for a maximum period of 120 days and in the instant case the said period had also been expired long before filing of the writ petition and obtaining Rule. Without being appointed at any point of time the petitioner managed to obtain the ad-interim order of stay and till one year he has been wor...... with law. 19. The order of stay granted earlier by this Court is hereby vacated. There will be no order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 372. ..

Category: Family Law | Date: 30 May, 2012 | Hits: 7

Hedayetullah and others Vs. Foyjun Nessa Begum and others, 2012, 41 CLC (AD)

....ation of 1915-1918 only 100.42 acres of land were recorded in CS Khatian No.212 in respect of Ander Manik Mouza in the name of Baksha Ali Mia. The other lands of other Mouzas had no existence at that time. After the reformation of the land, the tenants did not return the land nor did they pay rent. ......cordingly the appeal is allowed without any order as to costs and the impugned judgment is set-aside and the suit is dismissed as a whole. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 139. ..

Category: Property Law | Date: 30 May, 2012 | Hits: 33

Bimal Chandra Sen Vs. Md. Waliullah Chowdhury and others, 2012, 41 CLC (AD)

....t Judge, on application being made therefore, to grant it accordingly, in supersession of the certificate, if any, already granted. (2) An appeal under sub-section (1) must be preferred within the time allowed for an appeal under the Code of Civil Procedure, 1908. (3) Subject to the provisions......appeal is allowed and the impugned judgment and order of the High Court Division is set-aside, there will be no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 97. ..

Category: Civil Law | Date: 30 May, 2012 | Hits: 47

Government of Bangladesh and others Vs. Nurul Amin and anothers, 2012, 41 CLC (AD)

....s-sain, is the wife of the detenue, Mr. Khandakar Mosharaf Hossain, who was arrested on 20-3-1997 under section 54 of the Code of Criminal Procedure (hereinafter referred to as CrPC). At the relevant time he was a Member of Parliament from the Constituency No.249, Comilla-2 Thrice he was elected a M...... a petition under Article 32. The infringe­ment of the fundamental right must be gross and patent, that is, incontrovertible and ex-facie glaring and either such infringement should be on a large scale affecting the funda­mental right of a large number of persons or it should appear unjust o..

Category: Constitutional Law | Date: 29 May, 2012 | Hits: 5

Md. Mintu Chowdhury Vs. Khurshid Nayeem and others, 2012, 41 CLC (AD)

....wo other members by order dated the 9th day of December, 2003; the Full Board set aside the order dated 08.10.19879 passed by the Assistant Commissioner (Land) in Case No.19 of 1987 and at the same time, maintained the mutation of 7 S.A. plots being Nos.1353,1354,1355, 1356, 1357, 1358 and 1365 ......n the impugned judgment and order and consequently, no merit in the leave petition. Accordingly, the leave petition is dismissed. This Case is also Reported in: 18 MLR (AD) (2013) 46. ..

Category: Property Law | Date: 29 May, 2012 | Hits: 12

Ruhul Amin and others Vs. Bangabandhu Sheikh Mujib Medical University, 2012, 41 CLC (HCD)

.... acres of land was acquired by the Government but IPGMR hav­ing no fund and informed it has Taka 45,00,000 (forty five lacks) only, which the defendant No.1 was able to contribute at the relevant time and only the land covered by the said money may be acquired and as per said price, per decimals......(six) months from the date of receive of this judgment. Send down the lower court records. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 182. ..

Category: Civil Law, Property Law | Date: 27 May, 2012 | Hits: 12

S.M. Zahid Rezvi and others Vs. The Magura Pourashava and others, 2012, 41 CLC (HCD)

....pondents. Writ Petition No.3393 of 2012. Judgment Farld Ahmed J. — This is an application, by the respondent No. 1 Magura Pourashava, for vacating the order of stay passed at the time of issuance of the Rule on 09.04.2012. 2. In this matter, petitioners challenged the memo ......ted the shops and hand over the vacant possession in favour of respondent No.1 within 30 days from date. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 16.     ..

Category: Constitutional Law | Date: 24 May, 2012 | Hits: 1

Bangladesh Biman Airlines Limited and others Vs. Emran Ahmed and others, 2012, 41 CLC (AD)

....s, Junior Supply Assistant, Junior Sales Assistant, Junior Commercial Assistant, Assistant Cook and so on. They joined the services on different dates and some of them were also promoted in course of time. Biman promulgated service regula­tions under name Bangladesh Biman Corporation Employees Serv......ng order and 1(one) week thereafter, the respondents shall file concise statements to make the appeals ready for expeditious hearing. Ed. This Case is also Reported in: 9 ADC (2012) 745. ..

Category: Employment/Service Law | Date: 20 May, 2012 | Hits: 135

Seven Circle Bangladesh Ltd Vs. Labour AppelÂŦlate Tribunal, 2012, 41 CLC (HCD)

....ribunal is to be declared to have been passed without lawful authority and is of no legal effect. 4. Mr. Chowdhury Sanwar Ali, the learned Advocate for the respondent however submits that at the time of the passing of the judgment by the labour Court, the new act i.e. the Bangladesh Labour Act,......reby declared to have been passed without lawful authority and is of no legal effect. There shall be no order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 122. ..

Category: Labour and Industrial Law | Date: 15 May, 2012 | Hits: 23

Advocate Murshedur Rahman Chowdhury Vs. Bangadesh and others, 2012, 41 CLC (HCD)

....l the institutions, investigating agencies, the ICT and the judiciary of this country in such a sweeping way is not acceptable. On the other hand, criminal liability does not lapse with the efflux of time. Therefore, this argument has no substance. 11. Again, although the petitioner has raised ......an application which does not call for issuance of rule and do reject the application summarily.   Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 63 & 69   ..

Category: Constitutional Law, International Crimes Tribunal Law | Date: 13 May, 2012 | Hits: 6

Md. Shahidul Islam Vs. State and another, 2012, 41 CLC (HCD)

....t at 12 noon on 13.06.2008 the complainant gave Tk.3,50,000/- to the accused Shahidul Islam for arranging service abroad but the accused did not send him abroad or did not return money. In the meantime on 24.04.2009, the complainant got an interview card for the post of Assistant Sub-Inspector o......e, cognizable Court No.1 Pabna is hereby quashed. Send a copy of this judgment to the concerned Court immediately. Ed. This Case is also Reported in: 20 BLT (HCD) (2012) 545. ..

Category: Criminal Law | Date: 13 May, 2012 | Hits: 6

Maisha Corporation (Pvt.) Ltd Vs. Bangabandhu Sheikh Mujib Medical University (BSMMU) and others, 2012, 41 CLC (HCD)

....se conditions. A tripartite meeting of the Central Receiving Committee, Sub-Committee and Amicable Settlement Committee was held at last on 15-7-2008, and the Central Receiving Committee took 3 weeks time. But subse­quently, the Registrar of the BSMMU refused to accept all machineries of the was...... as to costs. Send down the LCRs along with a copy of the judgment to the Court below immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 194.     ..

Category: Arbitration Law | Date: 10 May, 2012 | Hits: 16

Dr. Moos Bin Shamsher Vs. Ayub Ali and others, 2012, 41 CLC (HCD)

....g by Challenging the Title- It is settled principle of law that tenant can file suit but that he can done after surrendering the suit premises to the plaintiff landlord. Moreover, at no point of time tenant has right to challenge the title of land­lord. In the instant case defendant being a...... 2009 is accordingly discharged. Send down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 99.     ..

Category: Contract Law, Tenancy Law | Date: 7 May, 2012 | Hits: 7

Professor Muhammad Yunus and another Vs. Bangladesh, 2012, 41 CLC (AD)

.... of its authorized capital, prior approval of the Government is necessary under section 6(3). It is also provided in section 7(2) that the Government may increase the paid up capital of the Bank from time to time in its sole discretion. Section 10(1) provides that the Chairman of the Board will be a......tion Division's memorandum which is relevant for deciding his status and the terms and conditions of his service, 33. The said memorandum was issued by the Ministry of Finance fixing the pay scales of the Governor/Deputy Governor of Bangladesh Bank and Managing Directors of the Nationalised..

Category: Banking Law | Date: 5 May, 2012 | Hits: 220

Rajuk Karmachari Bahumukhi Samabaya Samity and another Vs. M/s Al-Razib Traders, 2012, 41 CLC, (HCD)

....arned District Judge, Dhaka in Arbitration Miscellaneous case No.477 of 2010 granting injunction restraining the Rule petitioner i.e. 2nd party making any construction on the land in question. At the time of the issuance of the Rule, the Rule issuing Court was pleased to issue an ad-interim order in......py of this judgment. Send a copy of this judgment to the Court of the learned District Judge as expeditiously as possible. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 285. ..

Category: Arbitration Law | Date: 3 May, 2012 | Hits: 18

Govt. of Bangladesh and others Vs. Md. Nurul Alam, 2012, 41 CLC (AD)

....the order dated 09.05.1999 passed by the Secretary, Ministry of Home Affairs, rejecting his appeal filed against the order dated 29.09.1998 imposing a major penalty upon him by degrading him to the time scale, i e. below his salary scale (āϤāĻžāĻšāĻžāϰ āĻŦ⧇āϤāύ āĻ¸ā§āϕ⧇āϞ⧇āϰ āύāĻŋā......rder dated 09.05.1999 passed by the Secretary, Ministry of Home Affairs, rejecting his appeal filed against the order dated 29.09.1998 imposing a major penalty upon him by degrading him to the time scale, i e. below his salary scale (āϤāĻžāĻšāĻžāϰ āĻŦ⧇āϤāύ āĻ¸ā§āϕ⧇āϞ⧇āϰ āύāĻŋāĻŽā§..

Category: Administrative Law | Date: 29 Apr, 2012 | Hits: 12