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Government of Bangla­desh Vs. ATM Mannan and another, 2012, 41 CLC (AD)

....the Rule absolute. Accordingly, the appeal is allowed and the impugned judgment is set-aside. There is no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 10. ......' list of the abandoned buildings published in the Bangladesh Gazette dated 23-9-1986 at page 9764 (15) at serial No.7 and prayed for direction to release the said property from the list. 3. The case of the respondents was that the property in question originally belonged to Syed Ali Hasan who ......the Rule absolute. Accordingly, the appeal is allowed and the impugned judgment is set-aside. There is no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 10. ..

Category: Property Law | Date: 8 Aug, 2012 | Hits: 84

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 ......sis of tax deducted at source 52 read with Rule 16 hav­ing treated the sales as supplied and without having considered the commission income assessable under section 83(2)" Facts of the case: 3. It has been asserted in both applications that the assessee-applicant is a subsidiary ......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 ..

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. ......(5) of PPA, 2006 and BTCL is duty bound to imple­ment the said decision. 10. We have heard the learned advocates for both the sides, perused the writ petitions, supplementary-affidavits, the case laws referred to and the relevant papers placed before this Court to which we have given our co......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. ......)171; Abdul Bashar Vs. Bangladesh, 50 DLR (AD) 11. Lawyers Involved: Mahbubey Alam, Senior Advocate instructed by Md. Musfiqur Rahman, Advocate-on-Record — For the Appellants. (In all cases). M Amir-ul Islam, Senior Advocate, (with Garib-Newaz, Advocate) instructed by Nurul Isla...... are merely policy guidelines in respect of certain matters concern­ing the business of the Government. These do not create any legal right in favour of any person to ask for return of unutilized land validly acquired under the law" respectively. We do not see any reason to deviate from 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.     ......pondent No.3 engaged in share trading business through his proprietorship concern named Capital Bangladesh, pursuant to a Memorandum of Understanding (MoU) signed on 4-3-2010. The petitioners further case is that, he has paid an amount of Taka 61,70,000 (sixty one lakh and seventy thousand) to the r...... 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. ......, in short, are that on 15-11-1993, informant Md. Ismail Hossain lodged First Information Report (FIR) with Bhangoora Police Station under sections 302/34 of the Penal Code. 3.  Prosecution case, in short, is that there was a ditch behind the informant's house on the western side of th......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. ......ng absorption. (v) An officer or employee must have continuity in service in the project in which he is working. (vi) An officer or employee must have satisfactory service record before his case is considered for regularization in the revenue budget. (vii) If an officer and employee w......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. ......ng absorption. (v) An officer or employee must have continuity in service in the project in which he is working. (vi) An officer or employee must have satisfactory service record before his case is considered for regularization in the revenue budget. (vii) If an officer and employee w...... 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: ......eal, in short, are that on 15.11.1993, informant Md. Ismail Hossain lodged First Information Report (F.I.R) with Bhangoora Police Station under sections 302/34 of the Penal Code. 3. Prosecution case, in short, is that there was a ditch behind the informant’s house on the western side of ......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. ......h course would delay the disposal of the suit. The learned Advocate-on-Record has lastly submitted that the High Court Division failed to apply its judicial mind in the facts and circumstances of the case in sifting the evidence on record, particularly, the noting in the diary of the defendant which......iff to sell the suit property and he executed the Angikarnama to refund back Taka 31,000 to the plaintiff. The plaintiff in presence of some local people admitted that he did not want to purchase the land described in the schedule to the agreement dated 27-9-1982 and in fact, the same stood as a sec..

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. ......ect­ing the investigating agency to interrogate him at the jail gate if it feels necessary. 2. Accused respondent was said to have been involved in connection with a Motijheel police station case. The case was started in con­nection with offences punishable under differ­ent provisio......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. ......the appellant came to take Samanja for a short tour at night; that she stat­ed to the police that Moly, wife of Zaman and mother of Tasmia Zaman, a friend of Samanja, allured her to depose in the case in exchange of money; that Moly in connivance with police procured her as witness; that she mad...... conspiracy because there was no agreement for 'concert of action', no agreement to 'co-operate.” 34. Shetty, J in Kehar Singh (Supra) after considering some English and New Zealand decisions which were decided in the context of English Law formulated the elements of conspirac..

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. ......ecide the extent of sufficiency of interest and the fitness of the person invoking the discre­tionary jurisdiction. 2. The Court which considering the question of bona fide in a particular case will have to decide as to why the affected party has not come before it and if it finds no sa......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. ..

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.       ...... as if it had been asked for........ (23) Filing of additional written statement The question of filing additional written statement comes in whenever any new fact is incorporated and a new case is made out and in that case it is essential for the ends of justice to allow the defendant to ...... 3. The opposite-parties as plaintiff instituted Title Suit No.192 of 1990 in the Court of Additional Assistant Judge, 3rd Court, Khulna seeking for declaration of title in the plaint schedule of land measuring an area of 2.00 acres appertaining to CS Khatian No.5 of mouza  Badurgacha and 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. ...... firstly, precludes a shareholder from bringing an action to pursue wrongs which has been done to the company. Secondly, where there are irregularities in the way the company is run, and also in many cases where directors are in breach of their duties, the majo­rity shareholder in general meetin......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   ......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   ......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 ......ement whereas the respondents deny his entitlement of the strength of the very terms and conditions of the agreement passed into a service by the petitioner. It is appro­priate to notice that the case in hand does not repre­sent a situation where petitioner relies on one set of conditions an......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. ......on 302 of the Penal Code and sentencing him to imprisonment for life and also to pay fine of Tk.20,000/-, in default, to suffer rigorous imprisonment for 3 (three) years more. 3. The prosecution case, in short, was that one Ruhul Amin lodged a First Information Report in Lakshmipur Police Stati......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. ..

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. ......ss appropriate order in respect of a person who is suspected to have been involved in a cognizable offence and produced before him by the police, the High Court Division seized the proceedings of the case as a court of original jurisdiction by exercising extraordinary powers...............................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 ......No.1, Moulvibazar, under Sections 364/34 of the Penal Code alleging inter alia that on 07.06.1999 at about 5.00 p.m. the accuseds named in the petition of complaint informed Mosonullah, victim of the case, that Settlement field Ammen was in the house of Arfanullah. With a bonafide belief the victim ...... 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