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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 ......isposed 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 ......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 ......ed 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 compa­ny of the Bangladesh petroleum corporation, operating under the ministry of petroleum having status of the pub..

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. ...... 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. ......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. ......se 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)

....t and order passed by the High Court Division is liable to be set-aside by this Court." 13. Mr. Mahbubey Alam, learned Advocate, appearing for the appellants, has submitted that the learned Judges of the High Court Division made the Rules absolute in the writ petitions on the wrong assumpt...... 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. ......anent 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. ...... ..

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.     ......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.     ......py 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.     ......t shares. These IPO placement shares were purchased through the BO ID No. 1203-6800-1315-6518 of the respondent 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 furt..

Category: Company Law | Date: 6 Aug, 2012 | Hits: 8

Shahjahan Khalifa and others Vs. State, 2012, 41 CLC (AD)

.... 16-7-2008 passed by the High Court Division in Criminal Appeal No.3399 of 2001 dismissing their appeal and affirming the judgment and order on 5-7-2001 passed 'by the learned Additional Sessions Judge, Court No.1, Pabna, in Sessions Case No.110 of 1994 arising out of Bhangoora PS Case No.2/31 d......ation 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. ...... 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. ......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. ......ubject 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. ......o 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. ...... Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Shamsul Huda J Government of Bangladesh, repre­sented by the Secretary, Ministry of Education, Bangladesh Secretariat, Ramna,..

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. ......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. ......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. ......l) Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Shamsul Huda J Government of Bangladesh, represented by the Secretary, Ministry of Education and others............................

Category: Employment/Service Law | Date: 6 Aug, 2012 | Hits: 5

Shahjahan Khalifa and others Vs. State, 2012, 41 CLC (AD)

....ed 16.07.2008 passed by the High Court Division in Criminal Appeal No.3399 of 2001 dismissing their appeal and affirming the judgment and order on 05.07.2001 passed by the learned Additional Sessions Judge, Court No.1, Pabna, in Sessions Case No.110 of 1994 arising out of Bhangoora P.S. Case No.2/31......de 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: ......oper 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: ......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)

....of May, 2010 passed by the High Court Division in First Appeal No.199 of 1992 dismissing the same. 2. Respondent No.1 herein as plaintiff filed Other Suit No.5 of 1992 in the Court of Sub-ordinate Judge and Second Commercial Court, Chittagong for specific performance of contract against Md. Yousu......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. ......na 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. ...... 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. ..

Category: Civil Law | Date: 5 Aug, 2012 | Hits: 40

State Vs. Md. Artful Islam @ Arif, 2012, 41 CLC (AD)

....at­ing officer. Even if any order was passed by the learned Magistrate, the said order was revisable under section 439A of the Code of Criminal Procedure by the learned Metropolitan Ses­sions Judge. The accused-respondent without exhausting the said forum directly moved the High Court Divisi......ent 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. ......rs. 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. ......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)

.... witnesses, of them, Fazlul Huq (P.W.2), Saiful Alam (P.W.13), Moloy Kranti Pal (P.W.14) are eye-witnesses of the occurrence but they could not identify any accused. 4. The Metropolitan Sessions Judge, Chittagong convicted co-accused Osman alias Md. Osman alias Osmannya, Ali Akbar @ Didarul Ala......th 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. ......udgment 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. ......354; Nayan Swami Vs. Emperor, AIR 1939 (PC) 47; Kashmira State (Surendra Kumar Sinha J) 19 BLC (AD) (2014); Singh Vs. State of Madras Pradesh, AIR 1952 SC 159; Amir Hussain Vs. State, 37 DLR(AD) 139; Bangladesh (State) Vs. Paran Chandra Baroi, 6 BCR (AD) 225; Khalil Khan Vs. State of Madhya Pradesh,..

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. ...... 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. ...... 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. ......matters judicial restrain is necessary and the judgment of the executive should not be interfered with…………………………(36)  Cases Referred to- Dr. Mohiuddin Farooque Vs. Bangladesh, 49 DLR (AD) 1; BRAC Vs. Professor Mozaffar Ahmed, 54 DLR (AD) 36; BALCO Employees Union..

Category: Fiscal/Taxation Law | Date: 1 Aug, 2012 | Hits: 27

Monindra Nath Biswas Vs. Kantaram Mondal and others, 2012, 41 CLC (HCD)

....gment Shahidul Islam J.- This Rule was issued calling upon the opposite-parties to show cause as to why the impugned judgment and decree dated 28-6-1999 passed by the learned Additional District Judge;1st Khulna in Title Appeal No.248 of 1992 dismissing the appeal and affirming those dated 7-5-......is 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.       ...... 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.       ...... in that case it is essential for the ends of justice to allow the defendant to submit additional written statement and to adduce more evidence........ (34) Cases Referred to- Government of Bangladesh Vs. Sheikh Hasina, 60 DLR (AD) 90, 42 DLR 434; 12 MLR (AD) 105; Government of Bangladesh ..

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. ......th 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. ....... 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. ......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   ....... 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   ....... 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   ......, Advocate-For the petitioner. Writ Petition No.10053 of 2012. Judgment Mamnoon Rahman J.— In an application under Article 102 of the Constitution of the People's Republic of Bangladesh, the petitioner Bank have challenged inaction of the respondent Nos.1 & 2 to comply w..

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 ......nted 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 ......lier 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 ......ul Islam J Md. Ashraful Kamal J Energy Prima Ltd……………………………...Petitioner Vs. People's Republic of Bangladesh and others...............Respondents Judgment July 29, 2012.   Result..

Category: Business or Commercial Law, Constitutional Law | Date: 29 Jul, 2012 | Hits: 6

Md. Shahabuddin Vs. State, 2012, 41 CLC (AD)

.... 12.12.2006 passed by the High Court Division in Jail Appeal No.181 of 2006 dismissing the same and thereby upholding the judgment and order dated 03.01.2006 passed by the learned Additional Sessions Judge, Lakshmipur in Sessions Case No.20 of 2003 arising out of G.R. Case No.1147 of 2001 corre­spo....... 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. ......7 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. ......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)

....on if this condition is lacking when a tribunal acts without or in excess of juris­diction, its decision. This sort of order tantamounts to undermining the authority of the learned Magistrate by the Judges of the highest echelon. Before making any decision on the basis of the application filed by t......l 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. ...... 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. ......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 ......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 ...... 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 ...... 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)

....e State. Criminal Appeal No. 2349 of 2002. Judgment Mir Hashmat Ali J. - This appeal is directed against the judgment and order of conviction dated 27-6-2002 passed by learned Sessions Judge, Meherpur in Sessions Case No.01 of 1997 corresponding to GR No.228 of 1996 arising out of Meh......, 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       ......ur 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       ......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