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Grameen Telecom Vs. Commissioner of Taxes, 2012, 41 CLC (HCD)
....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 ......-5-2001 and it was pending for disposal on the date when the Finance Act, 2002 came into operation. In the Finance Act, 2002, a 4th proviso was inserted to section 159(6) of the Ordinance and in view of the said addition in section 159(6) of the Ordinance, the appeal filed by an assessee before..Category: Fiscal/Taxation Law | Date: 3 Jun, 2012 | Hits: 4
Mehedi Hasan @ Modern (Md.) and others Vs. State, 2012, 41 CLC (AD)
....rlier decisions on this issue which held the relevant occasion to be the date of framing of charge and, to that extent, to reverse those decisions. I believe the interpretation given earlier was erroneous and to follow the same in the instant case results in perversity which will inevitably be ......cause as much to support a criminal prosecution as it is to support an action in tort. The doctrine of "causation" as applied in English law is not altogether applicable in our rule in view of the language used in section 299 of the Penal Code. Under the English rule if the accused..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)
....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: ......The petitioner still has credit with the respondent Nos.1 and 2 company, as admitted by the respondent No.1, amounting to US$ 59,500. There had been meeting on 12.1.2010 in between the parties with a view to resolve problems with the respondent No. 1’s equipment, whereupon the petitioner company s..Category: Arbitration Law | Date: 3 Jun, 2012 | Hits: 61
.... 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
......red value by purportedly enhancing the said price of float Glass at Taka 17,885 to Taka 23,500 per metric ton.
3. Feeling aggrieved by the said order of respondent No. 2 the petitioner filed a review application on 28-8-2005, invoking the provision of Rule 3(7), before the respondent. No.1, Com..
Category: Fiscal/Taxation Law | Date: 30 May, 2012 | Hits: 3
Kazi Md. Habib Ullah Vs.Bangladesh and others, 2012, 41 CLC (HCD)
.... 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. ...... J respectively of the writ petition he further goes to argue that pursuant to the application of the petitioner the local Member of Parliament duly made recommendation to that effect and in that the view of the matter the Ministry of Law, Justice and Parliamentary Affairs also had requested the Dis..Category: Family Law | Date: 30 May, 2012 | Hits: 7
Bimal Chandra Sen Vs. Md. Waliullah Chowdhury and others, 2012, 41 CLC (AD)
....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. ......for an appeal under the Code of Civil Procedure, 1908. (3) Subject to the provisions of sub-section (1) and to the provisions as to reference to and revision by the High Court Division and as to review of judgment of the Code of Civil Procedure, 1908, as applied by section 141 of that Code, an or..Category: Civil Law | Date: 30 May, 2012 | Hits: 47
Government of Bangladesh and others Vs. Nurul Amin and anothers, 2012, 41 CLC (AD)
.... ten thousand only) to the detenue in Writ Petition No.3489 of 1999 to be paid by the Writ Respondent No. 2 are hereby set aside. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 352 ......or Advocate for the writ petitioners the learned Judges of the High Court Division on mere surmises and conjectures wrongly observed "We being satisfied upon the material on record hold the view that it is a fit case where justice demand an exemplary monetary compensation for the detenue f..Category: Constitutional Law | Date: 29 May, 2012 | Hits: 5
Md. Mintu Chowdhury Vs. Khurshid Nayeem and others, 2012, 41 CLC (AD)
....iscellaneous Appeal No.64 of 1994 which was confirmed by the Additional Divisional Commissioner by Order dated 05.11.1994 and the Full Board as mentioned hereinbefore. The Land Appeal Board, on an erroneous view of the facts and law, affirmed the order of the Assistant Commissioner (Land) dated ......on No.3229 of 2004 before the High Court Division challenging the order dated the 9th December, 2003 passed by the Full Board of the Land Appeal Board (writ-respondent No.1) in Case No.3-1 08/95 (Review) Dhaka, the order dated the 29th August, 1995 passed by Mr. Mohammad Enamul Haque, Chairman, ..Category: Property Law | Date: 29 May, 2012 | Hits: 12
Ruhul Amin and others Vs. Bangabandhu Sheikh Mujib Medical University, 2012, 41 CLC (HCD)
....(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. ......stricts and thus is telling on the administration considerably. In Dacca proper accommodation has been found only for the time being for the Government Secretariat and other offices. With a view to run public administration on proper and efficient lines a more satisfactory and permanent ar..Category: Civil Law, Property Law | Date: 27 May, 2012 | Hits: 12
Topon Kumar Roy Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....0-6-2012. There is no order as to costs. Communicate this Judgment at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013)110. ...... said post of lecturer Sociology was declared vacant and the College authority invited application through advertisement in the local and national daily newspapers. The Selection Board conducted interviews where the petitioner stood first and accordingly was appointed on 2-1 1-2010. Then, he joined ..Category: Administrative Law, Constitutional Law | Date: 24 May, 2012 | Hits: 8
Golam Ambia (Harun) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....trkt-Mymensingh within 2(two) months from the date of receipt of this judgment. There is no order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 379. ......itioner and delivered possession of the pond in favour of the petitioner. In the year 1976 petitioner's father died and in the year 1995 the petitioner desired to fill up the pond by earth with a view to constructing a market and residential house by taking loan from the Bank. For that purpose h..Category: Others | Date: 22 May, 2012 | Hits: 9
Bangladesh Biman Airlines Limited and others Vs. Emran Ahmed and others, 2012, 41 CLC (AD)
....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. ...... (In Civil Petition No.890 of 2010) Md. Helal Uddin and another................Respondents (In Civil Petition No.891 of 2010) Mostofa Mesbah Uddin and another........Respondents (In Civil Review Petition No.6 of 2012) Md. Jashim Uddin Bhuiyan and another.....Respondents (In Civil Revi..Category: Employment/Service Law | Date: 20 May, 2012 | Hits: 135
Marzan Abedin Vs. Judge, Artha Rin Adalat No. 4 Dhaka and others, 2012, 41 CLC (HCD)
....ication under section 34(1) of the Ain, if so advised, in this regard. Communicate this order to the Court concern at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 79. ......warrant of arrest on behalf of the bank should be officially signed, verified and followed by affidavit. If the same is absent the application is not tenable under the law. We verily endorse the view taken in the said decision. We are in respectful agreement with the decision. In the case in ha..Category: Banking Law, Corporate Law | Date: 15 May, 2012 | Hits: 4
Advocate Murshedur Rahman Chowdhury Vs. Bangadesh and others, 2012, 41 CLC (HCD)
....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 ......e an international treaty. In this matter before us, the petitioner, under para-graph-3 of the writ petition, has explained his locus standi. Having gone through the said statements, I am of the view that the same are amorphous and vague. Neither he is an accused, nor a prospective accused..Category: Constitutional Law, International Crimes Tribunal Law | Date: 13 May, 2012 | Hits: 6
Md. Shahidul Islam Vs. State and another, 2012, 41 CLC (HCD)
....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. ...... 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 of Food and the complainant further alleged that ..Category: Criminal Law | Date: 13 May, 2012 | Hits: 6
.... 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.
......has argued that the 2nd stage tender being final one, the claimant-Company supplied machineries in accordance with the said tender documents and did not violate terms of the contract. But we hold the view that such a proposition as to the finality of second tender alone has not been contemplated in ..
Category: Arbitration Law | Date: 10 May, 2012 | Hits: 16
Kali Mohan Das Vs. Mossammat Firoza Begum and others, 2012, 41 CLC (AD)
....is barred by limitation as the "deed was registered on 05.06.2002 and the pre-emptor-petitioner after obtaining the certified copy of the deed filed the case on 30.03.2003" is misconceived, erroneous and not tenable in law inasmuch as the deed was presented for registration on 27.06.2......l of the appeal. The appeal will be heard along with the appeal arose out of the Civil Petition No.293 of 2010. Ed. This Case is also Reported in: 9 ADC (2012) 873; 9 ADC (2012) 862. ..Category: Property Law | Date: 10 May, 2012 | Hits: 7
Abdun Noor and others Vs. Aziruddin and others, 2012, 41 CLC (AD)
....hibit-1 in the first schedule land by other documentary evidence such as rent receipts to show payment of rent by Rashid Ali to the Government after S.A. operation. The aforesaid finding is erroneous because mere nonpayment of rent does not affect the title accrued through lawful transfer ......rely on such evidence notwithstanding the fact that it has been admitted in evidence. 21. In the light of the finding made before regarding the report of the Advocate Commissioner, we are of the view that the trial Court rightly relied upon the report of the Advocate Commissioner notwithstandin..Category: Property Law | Date: 8 May, 2012 | Hits: 112
Dr. Moos Bin Shamsher Vs. Ayub Ali and others, 2012, 41 CLC (HCD)
.... 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. ......eration of the transaction as defined in section 2(d) of the Contract Act. This contravenes positive statutory mandate as provided in section 10(b) of the Premises Rent Control Ordinance. 38. In view of the unenforceability of the agreement the position is that the appellant is a monthly tenant..Category: Contract Law, Tenancy Law | Date: 7 May, 2012 | Hits: 7
Professor Muhammad Yunus and another Vs. Bangladesh, 2012, 41 CLC (AD)
....t petition in the circumstances is contrary to established norms of constitutional jurisprudence; and f) the mode of exercise of judicial power by the High Court Division is manifestly erroneous and amounts to a denial of access to justice to the petitioner. 10. In support of his......eme Court of Bangladesh (Appellate Division) Rules, 1988 does not provide any provision for rehearing of a matter which has been dismissed upon hearing the parties on merit, other than hearing of a review petition under Order XXVI Part IV. What is more, the prayer for rehearing is not in conformity ..Category: Banking Law | Date: 5 May, 2012 | Hits: 220
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