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Orascom Telecom Bangladesh Ltd Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....the petitioner being the successful bidder entered into an agreement with the Ministry of Post and Telecommunications of Bangladesh (hereinafter referred to as 'MoPT') on 11-11-1996 under the provision of Section 4 of the Telegraph Act 1885 to provide cellular mobile telephone services. Subs......relates to already assigned spectrum in 2008 (2.6 MHz 1800 band) and payment of license fee and spectrum fee for new assignments without any deduction, shall not be declared to have been made without lawful authority and is of no legal effect; 2. Brief facts, necessary for the disposal of..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. ...... taken us to the confessional statement of accused Sumon, the dying declaration of the victim proved by P.Ws.1, 2 and 5 and other materials on record and submits that the High Court Division erred in law in maintaining the conviction and sentence of the petitioners, inasmuch as, the dying declaratio..Category: Procedural Law | Date: 13 Aug, 2012 | Hits: 4
....inable without show cause notice. The learned lower appellate court without reversing the findings of the trial court reversed the judgment and decree of the trial court illegally in violation of the provisions of Order 41 Rule 31 of the Code of Civil Procedure and in view of the facts and circumsta......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. The respective case of the plaintiff-petitioner is such that he is a citizen of Bangladesh by b..
Category: Constitutional Law, Employment/Service Law | Date: 8 Aug, 2012 | Hits: 3
Government of Bangladesh Vs. ATM Mannan and another, 2012, 41 CLC (AD)
....nt of Article 7 of the PO 16 of 1972 or section 5(1) (b) of the Ordinance No.LIV of 1985. Thus the very inclusion of the case property in the list of abandoned buildings is violative of the aforesaid provisions of law and, as such, the same has been done without lawful authority and is of no legal e......7 of the PO 16 of 1972 or section 5(1) (b) of the Ordinance No.LIV of 1985. Thus the very inclusion of the case property in the list of abandoned buildings is violative of the aforesaid provisions of law and, as such, the same has been done without lawful authority and is of no legal effect. 7...Category: Property Law | Date: 8 Aug, 2012 | Hits: 84
Padma Oil Company Ltd Vs. Commissioner of Taxes, 2012, 41 CLC (HCD)
....a total misconception of law treated the assessee-applicant company as a company engaged in general "supply" of fuels and assessed the tax liability of the assesses-applicant under the provision of section 83(2)/82c of the Income Tax Ordinance, 1984 estimating the income of Taka ......ion No. 233 of 2011 along with a Rule 198(ref) of 2001 filed by the same assessee-applicant, Padma Oil Co. Ltd. Have been taken together for hearing as both the matter involve the similar question of law and therefore disposed of by this single judgment. 2. In the Income Tax Reference No. 405 o..Category: Fiscal/Taxation Law | Date: 7 Aug, 2012 | Hits: 5
Bangladesh Telecommunications Company Ltd Vs. CPTU, 2012, 41 CLC (HCD)
....d conditions of the Loan Agreement shall apply and the PPA and PPR are not applicable. Prevalence of Loan Agreement where If there is anything 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, t......irements can not be declared as pre-qualified by a Review Panel and thereby allow an unsuccessful pre-qualified stage bidder to submit a bid and, therefore, the order passed by Review Panel is bad in law and liable to be declared without lawful authority………..........(8) Pre..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 parties contested the said IRO cases by filing written objection contending, inter alia, that the cases were not maintainable under section 34 of the Ordinance, 1969 as amended as well as under the provisions of Employment of Labour (Standing Orders) Act, 1965 (the Act, 1965). The respective first......dgment and order dated the 27th day of April 2006 passed by the High Court Division in Writ Petition No 1698 of 2004). Judgment Md. A Wahhab Miah J. - Identical facts and common question of law being involved, these appeals have been heard together and are disposed of by this common j..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)
....others.........Respondents Judgment August 6, 2012. Result: The application is allowed. The Companies Act, 1994 (XVIII of 1994) Section 43(3) In accordance with the provisions of sub-section 3 of section 43 of the Companies Act, 1994 the court has power to ascertai...... 10. In view of the deliberation record above I find merit in the application. 11. In the result, the application is allowed. It is declared that the petitioner is the actual owner and he has lawful title in respect those of the 6, 17,000 numbers of shares allotted in the name of Capital Ban..Category: Company Law | Date: 6 Aug, 2012 | Hits: 8
Yousuf Chowdhury (Md.) Vs. Md. Emran and another, 2012, 41 CLC (HCD)
....nt onus was squarely upon him to prove the same, but he did neither prove the said cassette before the trial Court nor took any step to prove the same as additional evidence by taking recourse to the provisions of Order XLI of rule 27 of the Code of Civil Procedure although the first appeal had rema...... the evidence on record, particularly, the noting in the diary of the defendant which proved that most of the loan money taken by the defendant from the plaintiff was returned back and thus, erred in law in dismissing the appeal. 7. Mr. Abdul Wadud Bhuiyan, learned Advocate, entering caveat on be..Category: Civil Law | Date: 5 Aug, 2012 | Hits: 40
State Vs. Md. Artful Islam @ Arif, 2012, 41 CLC (AD)
....ll be preserved lest it be considered that the only powers possessed by the Court are those expressly conferred by the Code and that no inherent powers had survived the passing of the Code. This provision should not be used to obstruct or divert the ordinary course of justice. The power under t......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)
....n after such design was entertained. The rule of excluding hearsay evidence to prove the charge of criminal conspiracy is not applicable to the statements admissible under this section. 15. This provision introduces the doctrine of agency and if the conditions laid down therein are satisfi......earned sister has also used the confessional statements of co-accused in support of the charge of criminal conspiracy and also has considered both the charges jointly which is not permissible in law. A confessional statement of accused cannot be used in support of the charge of criminal con..Category: Criminal Law | Date: 1 Aug, 2012 | Hits: 36
National Board of Revenue Vs. Abu Saeed Khan and others, 2012, 41 CLC (AD)
....hat a certain policy ought to have been adopted nor can it opine that a policy should be changed. An executive policy is not open to impeachment unless it infringes any constitutional or statutory provision. In economic regulation or tax matters judicial restrain is necessary and the judgment of...... who by reason of poverty, lack of education, helplessness, social disabilities or economic paucity cannot seek legal redress for the violation of their rights, fundamental or legal in the court of law. The High Court Division should guard to see that it's processes are not abused by any person ..Category: Fiscal/Taxation Law | Date: 1 Aug, 2012 | Hits: 27
Monindra Nath Biswas Vs. Kantaram Mondal and others, 2012, 41 CLC (HCD)
....he suit upon the question of benami acquisition of property by the plaintiff, in the trial Court as well as in the lower appellate Court. Order VI, rule 17 of the Code of Civil Procedure provides the provisions for allowing amendment of plaint to determine the real question of controversy. Here in t...... Code of Civil Procedure; ii) no claim was made regarding benami transaction or benami acquisition of property and, as such, the suit barred. In support of his contention he referred to the case law of Government of Bangladesh Vs. Sheikh Hasina, reported in 60 DLR (AD) 90. iii) the suit i..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)
....ibers, subscribing for total 2000 numbers shares of Taka 100 each. These 4 subscribers each has subscribed for 5,000 shares equally. Article 14 and Article 26 of the Articles of Associations contains provisions to form quorum requiring presence of all 4 Members, for holding the General Meetings as w......as issued for calling an EGM although the Board of directors has not taken any decision to call any EGM for amendment of article 14 and Article 26 and, as such, the said notice was called without any lawful authority and with ulterior motive to grab 100% controlling power by the respondents. He..Category: Company Law | Date: 31 Jul, 2012 | Hits: 16
Southeast Bank Ltd Vs. District Magistrate, Chittagong and others, 2012, 41 CLC (HCD)
....th the prayer made by the petitioner under Section 12(5)(ka) of the Artha Rin Adalat Ain, 2003. 2. We have heard the learned Advocate and perused the application. It appears that pursuant to the provision incorporated in Section 12(5)(ka) of the Artha Rin Adalat Ain, 2003 the petitioner bank fi......ated in Section 12(5)(ka) of the Artha Rin Adalat Ain, 2003 the petitioner bank filed an application before the District Magistrate, Chittagong for taking necessary steps as per the said provision of law. But despite filing of such application the respondents are not taking necessary steps. It furth..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 ......In writ petition No. 3877 of 2009) Writ Petition No. 3877 with 3904 of 2009. Judgment Md. Ashraful Kamal J. - Since in these Writ Petitions there involved a common question of fact and law, those are heard and disposed of by this judgment. 2. In Writ Petition No. 3 877 of 2..Category: Business or Commercial Law, Constitutional Law | Date: 29 Jul, 2012 | Hits: 6
State Vs. Md. Aman Ullah Aman, 2012, 41 CLC (AD)
.... be preserved lest it be considered that the only powers possessed by the Court are those expressly conferred by the Code and that no inherent powers had survived the enactment of the Code. This provision should not be used to obstruct or divert the ordinary course of justice. The jurisdiction ......o harbour any doubt in the mind of the accused that the learned Magistrate was influenced by any other extaneos consideration for which he suspected that he would not be dealt with in accordance with law on the date so fixed. Even then, the accused-respondent moved the High Court Division an applica..Category: Procedural Law | Date: 26 Jul, 2012 | Hits: 32
Md. Arfan Ullah alias Arfan and others Vs. The State, 2012, 41 CLC (HCD)
....e reports. Lastly he submits that the learned Magistrate, 3rd Class, who inquired into the case as directed by the learned Magistrate, 1st Class, Cognizance Court No.1, Moulvibazar, violated the provisions of the provisio of Section 202(2A) of the Code of Criminal Procedure and as such the same...... cited as witness No.1. The learned Magistrate, 1st Class, by order dated 14.06.1999 sent the complaint of Arabjan Bibi to the Officer-in-Charge, Moulvi bazar Police Station, for taking action as per law and to inform the Court as to the action taken. The complainant Arabjan Bibi remained absent in ..Category: Criminal Law, Procedural Law | Date: 25 Jul, 2012 | Hits: 1
Ishaque Ali (Md.) Vs. State, 2012, 41 CLC (HCD)
....ontention, he cited the case of Basir Kha Vs. State reported in 50 DLR 199. 16. He further submits that similarly the examination of the accused-appellant under section 342 is also defective and provision of 342 have not been properly complied with and appellant attention have not been drawn in......statement under section 164 of the Code of Criminal Procedure. She further submits that if confessional statement is voluntary and true and the recording is in accordance with law, in that case Court can convict the accused on the basis of confessional statement She fur..Category: Criminal Law | Date: 25 Jul, 2012 | Hits: 9
Faizur Rahman (Md.) and another Vs. Mokarram Hossain and others, 2012, 41 CLC (HCD)
....edure laid down in Section 147 and 149 of the State Acquisition and Tenancy Act, 1951, Section 147 of the State Acquisition and Tenancy Act speaks as:— "Appeals-Subject to any special provisions for appeal made in this Part or in any rules made under this Act, as appeal shall lie fro......ed in different Banks in the name of deceased Abdul Majid. After the death of Abdul Majid, his aforesaid sons, daughters and wife became owner and possessor of the property as successor as per Muslim law of inheritance. Plaintiff No.1 is the husband of the plaintiff No.2. Plaintiff No.1 purchased .0..Category: Property Law | Date: 25 Jul, 2012 | Hits: 10
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