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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 ......e-Applicant Vs. Commissioner of Taxes...…………………Respondent Judgment August 7, 2012. Result: The Rule is disposed of. Lawyers Involved: Sarder Jinnat Ali, Senior Advocate with Md. Umber Ali, Advocate—For the......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, 1973 the three subsidiary company being Jamuna oil limited, Padma oil limited and Meghna Petr..Category: Fiscal/Taxation Law | Date: 7 Aug, 2012 | Hits: 5
Bangladesh Telecommunications Company Ltd Vs. CPTU, 2012, 41 CLC (HCD)
....y Review Partel-2 within 2 weeks from the date of the receipt of this order. There, however, shall be no order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 98. ......unds under Rule 56(Ka) to file a formal complaint and schedule no-2 of the PPR clearly states that the complaint should be filed within 7 days after becoming aware of such grounds.......... (22) Lawyers Involved: Fida M Kamal with Raisuddin Ahmed—For the petitioners. (In Writ Petitio......y Review Partel-2 within 2 weeks from the date of the receipt of this order. There, however, shall be no order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 98. ..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. ...... All appeals are dismissed. Cases Referred to- Secretary, Internal Resources Division, Ministry of Finance Vs. Nasrin Banu, 48 DLR (AD)171; Abdul Bashar Vs. Bangladesh, 50 DLR (AD) 11. Lawyers Involved: Mahbubey Alam, Senior Advocate instructed by Md. Musfiqur Rahman, Advocate-on......ing 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 party had no cause of action for filing the ..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. ......ce with the provisions of sub-section 3 of section 43 of the Companies Act, 1994 the court has power to ascertain the title of the parties in respect of their disputed shares…........ (9) Lawyers Involved: Aklitar Imam, Advocate—For the Petitioner. Moksedul Alam, Advocat...... 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. ......er section 161 of the Code of Criminal procedure cannot be considered fatal if the evidence adduced by them in court appears to be credible after sifting................................(13) Lawyers Involved: Md. Nawab Ali, Advocate-on-Record—For the Respondent. Md. Shohrowa......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. ......ose working on master roll basis for absorption in the revenue budget by phases if they have requisite qualifications subject to availability of vacancies according to their seniority. Lawyers Involved: Rajik-Al-Jalil, Deputy Attorney General instructed by Md. Shamsul Alam, Advoc......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. ..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. ......ave requisite qualifications subject to availability of vacancies according to their seniority. Cases Referred to- Civil Petition Leave to Appeal No.1781 of 2011 = 17 BLC (AD) 91. Lawyers Involved: Rajik-al-Jalil Deputy Attorney General instructed by Md. Shamsul Alam, Advoca...... 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. ..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: ........Petitioners Vs. The State......................................Respondent Judgment August 6, 2012. Result: The criminal petition for leave to appeal is dismissed. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Md. Shohrowardi, ......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)
.... 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. ...... Yousuf Chowdhury (Md.)................Petitioner Vs. Md. Emran and another..................Respondents Judgment August 5, 2012. Result: The appeal same is dismissed. Lawyers Involved: Syed Mahbubar Rahman, Advocate-on-Record-For the Petitioner. Abdul Wadud Bhu......uarely 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 remained pending s..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. ......e main aim and object of which is to save the people from any agony of the abuse of the process of the Court and also is designed to do substantial justice.........................(4) Lawyers Involved: Md. Shahrowardi, Deputy Attorney-General, instructed by Sufia Khatun, Advocat......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)
....ith the judgment of Surendra Kumar Sinha, J. Order of the Court This appeal is, however, dismissed by majority decision. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 8. ......LR 306; Mobarak Hussain Vs. State, 33 DLR 274; State Vs. Abdul Hatem, 65 DLR 431; State Vs. Nurul Haque, 45 DLR 306; Mobarak Hossain Vs. State, 33 DLR 274 and Nizam Hazari Vs. State, 53 DLR 475. Lawyers Involved: Anisul Haque, Senior Advocate (Fazlee Noor-Taposh, Advocate with him) instruc......have gone through the separate judgments prepared by my learned brother Surendra Kumar Sinha, J and my learned sister Nazmun Ara Sultana, J. I agree with the judgment of Surendra Kumar Sinha, J. Order of the Court This appeal is, however, dismissed by majority decision. Ed. This ..Category: Criminal Law | Date: 1 Aug, 2012 | Hits: 36
National Board of Revenue Vs. Abu Saeed Khan and others, 2012, 41 CLC (AD)
....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. ....... Union of India, 2001, AIR SCW 5135; SP Gupta Vs. Union of India, 1981 (Supp) SCC 87; Janata Dal Vs. HS Chowdhury, (1992) 4 SCC 305; Mostafa Kamal Vs. Commissioner of Customs, 52 DLR (AD) 1. Lawyers Involved: Mahbubey Alam, Attorney-General (with Murad Reza, Additional Attorney-Genera......e developed a tendency of filing PIL petitions on behalf of persons or organisations challenging the propriety of the Government in taking decision relating to policy matter, its development works, Orders of promotion and transfer of public servants, imposition of taxes and fixation of tariff va..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. ......60 DLR (AD) 90, 42 DLR 434; 12 MLR (AD) 105; Government of Bangladesh Vs. Sheikh Hasina, 60 DLR (AD) 90 paragraph 44; 46 42 DLR 434; 12 MLR (AD) 105; Habibur Rahman Vs. Abdul Wadood, 22 DLR 386. Lawyers Involved: Md. Nurul Amin with Sabya Sachi Mondal, Advocates—For the Petitioner. ...... Nath Biswas ......................Petitioner Vs. Kantaram Mondal and others................Opposite Parties Judgment July 31, 2012. Result: The Rule is discharged. Order VII Rule 7 of the Code of Civil Procedure provides that, the plaint shall state specifically t..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. ......ires act…………………....................(9) The matter shall stand disposed of. Case Referred to- Foss Vs. Harbottle (1843) 2 Hare 461. Lawyers Involved: AKM Badrudduza, Advocate—For the petitioner. Raisuddin Ahmed, Advo......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
Southeast Bank Ltd Vs. District Magistrate, Chittagong and others, 2012, 41 CLC (HCD)
....r. 3. With these observation and direction the application under Article 102 of the Constitution is disposed of. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 27 ......p;……......Petitioner Vs. District Magistrate, Chittagong and others .......Respondents Judgment July 30, 2012. Result: The application is disposed of. Lawyers Involved: Meah Mohd Kausar Alam, Advocate-For the petitioner. Writ Petition No.100......r. 3. With these observation and direction the application under Article 102 of the Constitution is disposed of. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 27 ..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 ......Vs. Devi Ispat Ltd, 11 SCC 186; Empire jute Company Limited Vs. Jute Corporation of India Limited, 14 SCC 680; 4 ALR 74 (SC) and Bangladesh telecom (Pvt) Ltd Vs. BTTB reported in 48 DLR (AD) 20. Lawyers Involved: Ahsanul Karim, with Khairul Alam Chowdhury, Tanveer Hossain Khan, Shamim Ahme......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 ..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. ....................................Petitioner Vs. The State..............................................Respondents Order July 29, 2012. Result: The prayer is allowed. Lawyers Involved: Shamsuddin Ahmed Babul, Advocate instructed by Md. Ibrahim Khalil, Advocate-o...... Muhammad Imman Ali J Md. Shamsul Huda J Md. Shahabuddin...................................Petitioner Vs. The State..............................................Respondents Order July 29, 2012. Result: The prayer is allowed. Lawyers Involved: Sham..Category: Criminal Law | Date: 29 Jul, 2012 | Hits: 102
State Vs. Md. Aman Ullah Aman, 2012, 41 CLC (AD)
....ll follow the settled statement of law. The impugned order is set-aside. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 81. ......tion 561A can come into operation, subject to the requirement that the exercise of such power must serve either of the three purposes mentioned in the section……………………………(10) Lawyers Involved: Md. Shahrowardi, Deputy Attorney-General, instructed by Sufia Kliatun, Advocate......ll follow the settled statement of law. The impugned order is set-aside. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 81. ..Category: Procedural Law | Date: 26 Jul, 2012 | Hits: 32
Md. Arfan Ullah alias Arfan and others Vs. The State, 2012, 41 CLC (HCD)
.... the rule and extended from time to time is hereby vacated. Communicate a copy of this judgment to the Court concerned expeditiously. This Case is also Reported in: 21 BLT (HCD) (2013) 28 ......haka-4) Vs. State and another, 62 DLR (AD) 233; Faridul Alam Vs. State, 61 DLR (AD) 93; Kamrul Islam (Md.) Vs. Atikuzzaman, 9 DLR 258; Mst. Nahida Sultana Vs. M power of the High Court Division. Lawyers Involved: Nirmalendu Dev, Advocate—For the accused-petitioners Nozibar Rahma...... the rule and extended from time to time is hereby vacated. Communicate a copy of this judgment to the Court concerned expeditiously. This Case is also Reported in: 21 BLT (HCD) (2013) 28 ..Category: Criminal Law, Procedural Law | Date: 25 Jul, 2012 | Hits: 1
Ishaque Ali (Md.) Vs. State, 2012, 41 CLC (HCD)
....r, Meherpur and District and Sessions Judge, Meherpur. Send down the LC Record at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 453 ......LR 35; Md. Ali Haider alias Haidul Vs. State, 5 BLT 101; Angur Vs. State, 41 DLR 66; Abu Jamal Vs. State, 51 DLR 57; State Vs. Lokman Miah, 48 DLR 149; Ghulam Rasool Vs. State, 1977 Pakistan Criminal Law Journal 985; Md. Mominul Huq Vs. State, 48 DLR 182; Kawsarun Nessa Vs. State, 48 DLR 196; Alamgi......r, Meherpur and District and Sessions Judge, Meherpur. Send down the LC Record at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 453 ..Category: Criminal Law | Date: 25 Jul, 2012 | Hits: 9