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World Tel Bangladesh Ltd. Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....discharged without any order as to costs. The order of status quo granted at the time of issuance of the Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 58 DLR (2006) 14.......he prime objective of the BT Act is open competition in the market of telecommunication and the exclusivity clause contained in the Licence Agreement is inconsistent with the provisions of BT Act. In view of the provision of section 5 of the BT Act, the exclusivity clause of the Licence Agreement ca..Category: Information Technology Law | Date: | Hits: 321
.... any lawful authority and are of no legal effect.
In view of the facts and circumstances of the cases there will be no order as to cost.
Ed.
This Case is also Reported in: 58 DLR (2006) 5.
......made pursuant to Annexure "C" and "D" respectively of the Writ Petition No. 1971 of 2002 and Annexure "B1" and "C" respectively of Writ Petition No. 28 of 2002 are illegal and without jurisdiction in view of the fact that in the 3rd Schedule at the import stage of the spare parts of CKD duties were ..
Category: Fiscal/Taxation Law | Date: | Hits: 81
Selim Reza Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....Rule is made absolute without any order as to costs. The office is directed to communicate this order to the respondents for information. Ed. This Case is also Reported in: 58 DLR (2006) 1. ......enty lac one thousand) as the highest bidder made a written representation on 16-4-2005, Annexure-B to the writ-petition, informing the respondent No. 4, Deputy Commissioner, Chuadanga that he with a view to participate in the said tender already deposited Taka 4,50,000 in the name of UNO at Utholi ..Category: Others | Date: | Hits: 114
Commissioner of Taxes Vs. Kushtia Sugar Mills Ltd., 2000, 29 CLC (HCD)
..... Accordingly, we answer the questions in the affirmative and against the revenue applicant. There will be no order as to cost. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 504.......d that both the AJCT and the Tribunal, as a matter of fact, found that the payment made by the assessee was incentive bonus and this fact has not been disputed by the department at any stage. In that view of the matter we find sufficient force and substance in the submissions made by AFM Ferojuddin ..Category: Fiscal/Taxation Law | Date: | Hits: 104
.... to file a separate application for condonation of delay. With this observation the Rule is made absolute without any order as to cost.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 502.......tion of law by setting aside the order of abatement in due course of law. But by passing the impugned order the trial Court has shut the door of all the forums available to the petitioners.
10. In view of the discussion made above and considering the argument advanced by the learned Advocate for ..
Category: Procedural Law | Date: | Hits: 106
Annada Prosad Das Vs. DC, Khulna and others, 2001, 30 CLC (HCD)
....ppeal is allowed, the judgments and decrees of the Courts below are set aside and the suit is decreed in full. No order as to costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 496.......her the present appellant still holds the citizenship of Bangladesh or it was ceased or he is no more a Bangladeshi Citizen. 8. Mr. SS Halder, the learned Counsel for the appellant submits that in view of the different provisions of law and decisions given by the High Court Division and the Appel..Category: Immigration and Citizenship Law | Date: | Hits: 190
....ainable.
For the reasons stated above, we do not find a substance in this Rule, which is discharged without any order as to costs.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 488.
......plicable in the Chittagong Hill Tracts.
10. The learned Advocate for the petitioner has taken us to the Central Law (Statute Reform) Ordinance, 1960, (Ordinance No.XXI of 1960) and submits that in view of section 3 of the said Ordinance extending the operation of all Central Acts and Ordinances i..
Category: Civil Law | Date: | Hits: 89
Parul Bala @ Parul Rani Shah Mondol Vs. Suruj Miah and others, 2001, 30 CLC (HCD)
....)68 is disposed of accordingly, the judgments and decrees of, the Courts below are set aside. The suit is decreed in full. No costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 481.......Act is the guiding principle as to how to act under sections 7 and 8 of PDR Act. 15. Trial Court held that the purchase made by the plaintiffs was hit by section 37 of the PDR Act as well and this view of the trial Court has been endorsed by the appellate Court. Section 37 of PDR Act reads as ..Category: Property Law | Date: | Hits: 83
Nizam Hazari Vs. State, 2001, 30 CLC (HCD)
....nal No.14, Chittagong in Special Tribunal Case No.757 of 1999 stand maintained. Lower Court Records be sent down immediately. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 475. ......scot free without the result of criminality, crime would go unpunished and criminals will get encouragement and the innocent citizens of the country and the society as a whole will suffer. Keeping in view the Latin maxim Salus Populi Suprema Lex, the safety of the people is the Supreme Law and Salus..Category: Criminal Law | Date: | Hits: 58
Titas Gas Vs. Immense Washing Plant and others, 2001, 30 CLC (HCD)
....es of the Ministry of Law, Justice and Parliamentary Affairs, the Ministry of Power and Energy and the Chairman of the Law Commission. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 471. ......of the load of 26715.31 cubic meter per month at the pressure of 8 PSIG in allowing the prayer for temporary injunction in part against disconnection. In rejecting such prayer the Court expressed the view that if any payment was found to have been made in excess that could be adjusted at the trial o..Category: Civil Law | Date: | Hits: 151
Milon @ Shahabuddin Ahmed Vs. State, 2001, 30 CLC (HCD)
.... Ahmed are hereby maintained. Send down the lower Court records along with a copy of this judgment to the Court concerned at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 464. ......ot necessary to examine all the prosecution witnesses who are named in the charge-sheet. The learned Assistant Attorney-General submits that the prosecution proved the time and place of occurrence in view of the above evidence on record and the eye-witnesses clearly pointed out that the appellant an..Category: Criminal Law | Date: | Hits: 35
Abdus Sukur (Md.) and others Vs. Bhasani Mandal and another, 2001, 30 CLC (HCD)
.... and proved, but the Court of appeal below without seeing the documents on record held that the execution of those documents were not proved and thus, it erred in law in dismissing the suit upon such erroneous view which has resulted in failure of justice. He then submits that the Court of appeal be......d, but the Court of appeal below without seeing the documents on record held that the execution of those documents were not proved and thus, it erred in law in dismissing the suit upon such erroneous view which has resulted in failure of justice. He then submits that the Court of appeal below withou..Category: Property Law | Date: | Hits: 75
State Vs. Md. Shamim alias Shamim Sikder and others, 2000, 29 CLC (HCD)
....der alias Md. Ratan are allowed and they are found not guilty to the charges levelled against them and they are acquitted in this case. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 439....... but did not find him there and then went to the Hospital to enquire about Shamim but he did not go to his residence to verify if his son was at all assaulted by Shamim. This conduct of P.W.3, in our view, appears to be improbable and not reasonable because in all probability the P.W.3 will first go..Category: Criminal Law | Date: | Hits: 50
Gurvinder Singh Vs. Secretary, Ministry of Finance and others, 1992, 21 CLC (HCD)
.... In the result, this Rule is disposed of on the above observations without any order as to costs. Communicate this order at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 434. ......ent resident of USA he is not liable to pay here in Bangladesh. He paid tax in USA with the Inland Revenue Service. His income having not secured in Bangladesh he is not liable to pay tax here and in view of the fact that the petitioner having submitted his tax return declaring that no tax is payabl..Category: Fiscal/Taxation Law | Date: | Hits: 98
Hamza Rubber Industries Vs. Golam Dastagir Gazi, 2001, 30 CLC (HCD)
....the other hand, submits in support of the impugned judgment and order refusing temporary injunction. He submits that the finding of the trial Court that the plaintiff has a prime facie case is wholly erroneous. By filing various papers, he submits that the device that is being used by the defendants...... for the appellant submits that the trial Court though found that the plaintiff has got a prima facie case for temporary injunction but erred in law in refusing the prayer for injunction on the wrong view of the matter, firstly, that if the plaintiff sustains any loss by use of offending mark by the..Category: Intellectual Property Law | Date: | Hits: 230
....ons stated here in above the Rule is liable to be discharged.
In the result, the Rule is discharged without any order as to cost.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 426.
......the Government proves that the citizenship of the original owner was cancelled or the Government forms opinion that his activities were prejudicial to the interest of Bangladesh does not hold good in view of the provision of section 2(1) of Presidents Order No.16 of 1972 which is as follows:
“A..
Category: Property Law | Date: | Hits: 103
Progoti General Insurance Co. Ltd. Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)
....ormulated by us in the negative and in favour of the assessee petitioner. There will be no order of cost. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 424, 53 DLR (HCD) (2001) 531. ......ether the levy imposed by Ordinance No. XLIII of 1985 is in fact, a charge created on the income or created an obligation to be discharged by application of the income earned by the assessee. In that view of the matter it appears in law for our answer and in that view of the matter we reformulate th..Category: Fiscal/Taxation Law | Date: | Hits: 104
Sogra Begum Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)
....es not appear to us to be a fit case for granting a certificate as prayed for. Hence the prayer is rejected. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 420, 26 BLD (HCD) (2006) 301. ......e learned Advocate further submits that in dealing with a condonation application the principle that substantial justice shall take preponderance over technical consideration should always be kept in view in deciding whether the petitioner was prevented by sufficient cause for the delay and in suppo..Category: Fiscal/Taxation Law | Date: | Hits: 108
Abul Kashen (Md.) Vs. Chairman, RAJUK and others, 2000, 29 CLC (HCD)
....n already made under the order of this Court should not be disturbed in any way by the respondents. There will be no order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 488. ...... memo that RAJUK has neither cancelled the approved plan nor made any order for demolishing the construction already made nor has made any order for stopping the construction of the building. In such view of the matter, the right to property or any right to enjoy the property are yet to be affected ..Category: Property Law | Date: | Hits: 114
....ered in the negative, and against the Revenue.
Accordingly, the reference is answered in the negative. There will be no order as to costs.
Ed.
This case is also Reported in: 52 DLR (2000) 484.......timate the commission receipt from the persons sent by the assessee abroad at the rate of Taka 15,000 per head which the Deputy Commissioner of Taxes could not do in the instant case, particularly in view of the fact that he has found the method of accounting employed by the company as correct and a..
Category: Fiscal/Taxation Law | Date: | Hits: 101
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