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Rupali Bank Ltd. and others Vs. Chairman, First Labour Court and others, 2005, 34 CLC (HCD)
....of a person's capacity, conduct or character, especially before he is admitted to regular employment." The expression 'probationer' as defined under section 2(P) of the said Act means a worker who is provisionally employed to fill a permanent vacancy in a post and has not completed the period of his...... appointed against temporary posts/ positions as Godown Darwan, Godown Chowkider and Godown Keeper in the petitioners' bank as permanent workers should not be declared to have been passed without any lawful authority and are of no legal effect. 2. These Rules initially came up for hearing before ..Category: Employment/Service Law | Date: | Hits: 85
State Vs. Mukul @ Swapan, 2004, 33 CLC (HCD)
....pon be set at liberty forthwith, if not wanted in connection with any other case. Communicate the order at once. Send down the LC record. Ed. This Case is also Reported in: 58 DLR (2006) 40. ......on and sentence passed in Sessions Case No. 128 of 2002 on 30-11-2002 by the learned Sessions Judge, Natore, have been heard together and are being disposed of by this Judgment as common questions of law and facts are involved. 2. Prosecution case, stated briefly, is that on 13-5-2002 informant P..Category: Criminal Law | Date: | Hits: 49
Abu Taher Vs. State, 2005, 34 CLC (HCD)
....ted in any other case. Send down the lower Court's records at once with a copy of the judgment for information and taking necessary action. Ed. This Case is also Reported in : 58 DLR (2006) 34. ......were framed, who pleased not guilty and claimed to be tried. Trial was held in absence of the appellant under section 339B(1) of the Code of Criminal Procedure when he was defended by a state defence lawyer. 4. The defence case, as it appears from the trend of cross-examination of the prosecutio..Category: Criminal Law | Date: | Hits: 41
Sultan Uddin Ahmed Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....tal machineries may be imported under commercial basis with commercial object. The learned Deputy Attorney-General could not show anything to substantiate that apart from the impugned order these two provisions of the Import Policy Order, 2003-2006 have been reviewed by the Government and changed un......s. 3762 of 2005, Writ Petition No. 3763 of 2005. Writ Petition No. 3764 of 2005 and 3765 of 2005 have been heard analogously and are now disposed off by this single judgment since common questions of law have been raised in all these writ petitions. 2. The petitioner Nurul Alam in Writ Petition ..Category: Business or Commercial Law | Date: | Hits: 234
World Tel Bangladesh Ltd. Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....ot maintainable for nonexhaustion of efficacious remedy of arbitration. The petitioner obtained the exclusivity clause fraudulently. The Licence Agreement is unenforceable for non-compliance with the provisions of Article 145 of the Constitution of Bangladesh. 7. The exclusivity clause is inconsi......the petitioner and (ii) Memo No. BTRC/LL-See/ World Tel/2002-11777 dated 7-8-2004 issued by respondent No. 2 under the signature of respondent No. 6 (Annexure-Al) should not be declared to be without lawful authority and of no legal effect. 2. The facts leading to the issuance of the Rule, in br..Category: Information Technology Law | Date: | Hits: 321
...., namely, Writ Petition No. 28 of 2002 wherein the plaint case of the respondents is that the NBR has imposed supplementary duty @ 35% at the production level of the refrigerator in Bangladesh as per provision of section 7 of the VAT Act. It is further contended that the notification in question was......n Writ Petition No. 28 of 2002)
Nahid Mahtab, Assistant Attorney-General—For Respondent No. 3.
Writ Petition Nos. 28 and 1971 of 2002.
Judgment
Syed Amirul Islam J.- Common question of law and facts are involved in these two Writ Petitions and, as such, they were heard together and ar..
Category: Fiscal/Taxation Law | Date: | Hits: 81
.... and the writ petition was not maintainable has no substance.
In the result, the Rule is made absolute with any order as to costs.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 506.
......-1998 (Annexure-I) passed by the respondent No.3. Additional Deputy-Commissioner (Revenue), Sylhet and the proceeding of mutation Appeal No.22 of 1994 should not be declared to have been made without lawful authority and to be of no legal effect.
2. It is stated in the writ petition that the peti..
Category: Property Law | Date: | Hits: 95
Commissioner of Taxes Vs. Kushtia Sugar Mills Ltd., 2000, 29 CLC (HCD)
....rder of the DCT respect of disallowances of an amount 9,99,541 paid as bonus to its employees. 2. The assessee company is a incorporated under the Companies Act and is a nationalised one under the provisions of President’s Order 27 of 1972. The assessee submitted its return showing a total loss...... AFM Ferojuddin Bhuiyan, the learned Advocate appearing for the assessee-respondent, on the contrary, submits that the payment of incentive bonus as made by the assessee was pursuant to provisions of law and the incentive bonus is not a bonus which is contemplated under section 10(2)(x) of the Act. ..Category: Fiscal/Taxation Law | Date: | Hits: 104
....ch, their properties had been declared as khas and, being vested to the Government. That the suit land along with 2.48 acres of land of other plots became khas property of Government by virtue of the provision of State Acquisition and Tenancy Act. That, in the above circumstances, the suit was liabl......or default they filed application under section 151 of the Code of Civil Procedure for vacating the order dated 13-6-1993 as it being a nullity and being passed in violation of mandatory provision of law and for accepting the petition filed by the petitioners for substituting them as plaintiffs in p..
Category: Procedural Law | Date: | Hits: 106
Annada Prosad Das Vs. DC, Khulna and others, 2001, 30 CLC (HCD)
....a not a citizen of Bangladesh because of his leaving this country and staying in India. 5. The trial Court dismissed the suit under conception that the onus was upon the plaintiff according to the provision of President’s Order No.149 of 1975 to prove that he was a permanent resident of this co......s 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 Appellate Division and also some other hi..Category: Immigration and Citizenship Law | Date: | Hits: 190
Anindra Bhusan Ghose Vs. Bangladesh Government, 2001, 30 CLC (HCD)
....the Exhibit 2 even to categorize the sale as a mortgage. So, the claim that the transfer was a mortgage and there was agreement to reconvey the land is not supported by the evidence on record and the provisions of section 29 of the Contract Act also makes it nugatory. 18. In this regard, section ....... They have also not been examined. One Hari Sadhan has been examined as P.W.2 who could not prove the genuineness of the endorsement as to its contents. 14. It is a dispute involving the point of law more than facts, to be decided whether the transfer by Exhibit 2 was a mortgage which took place..Category: Property Law | Date: | Hits: 85
.....17 of 1995 before the Deputy Commissioner, Rangamati Hill District for declaration that the order of dismissal from service dated 30-3-93 was illegal, void, inoperative. The suit was filed under the provisions of Chittagong Hill Tract Regulation, 1900.
3. The Deputy Commissioner upon hearing the......aid order, petitioners moved this Court under section 115(1) of the Code of Civil Procedure.
6. Dr. Rafiqur Rahman, learned Advocate appearing for the opposite party, raised a preliminary point of law that no revision petition under section 115(1) of the Code of Civil Procedure lies against the d..
Category: Civil Law | Date: | Hits: 89
Parul Bala @ Parul Rani Shah Mondol Vs. Suruj Miah and others, 2001, 30 CLC (HCD)
....ficate officer as may determine. Provided that a suit may be brought in a Civil Court in respect of any such question upon the ground of fraud.” 16. From meticulous reading of the aforementioned provision of law it is very much clear that the present suit is not hit by section 37 of PDR Act and......section 7 of the PDR Act no legal sale could took place of the suit property is not correct and the plaintiffs’ purchase is not hit by section 8 of the PDR Act. Mr. Bhuiyan also submits on point of law that sections 7 and 8 of PDR Act should be read with Rule 6 of that Act and, according to Mr. Bh..Category: Property Law | Date: | Hits: 83
Nizam Hazari Vs. State, 2001, 30 CLC (HCD)
....cision that through testimonies of prosecution witnesses who were present at the time and place of occurrence prosecution cases stood proved beyond shadow of doubt. Special Tribunal took into account provisions contained in sections 5, 7, 13 and 14 and, also section 19(a) and 19(t) of The Arms Act. ......publicae Supreme Lex, the safety of the State is the Supreme Law, society and innocent public are to be protected from criminals, offenders and armed cadres who are menace to public peace and rule of law. Social stability and order are required to be regulated by punishing offenders, criminals, terr..Category: Criminal Law | Date: | Hits: 58
Titas Gas Vs. Immense Washing Plant and others, 2001, 30 CLC (HCD)
....ed. 15. Before passing the order, none of the Courts below felt the need to see the contract in deciding the applications either for prohibitory injunction or mandatory injunction or the statutory provisions of Order 39 rule of the Code. The appellate Court appears to have wrongly based its order......ion dated 11-8-99 of the Titas Gas to prepare gas bills on the basis of load of 26715.31 cubic meter per month at the pressure of 8 PSIG and that the bill dated 17 issued on such basis are illegal, unlawful and with an ulterior motive to harass the plaintiff and therefore, not binding upon the plain..Category: Civil Law | Date: | Hits: 151
Milon @ Shahabuddin Ahmed Vs. State, 2001, 30 CLC (HCD)
....er sections 302/149 and 307 of the Penal Code of which the accused persons pleaded not guilty and claimed to be tried. The appellant Milon and 4 other accused persons were tried in absentia under the provisions of section 339B(1) of the Code of Criminal Procedure as they failed to appear before the ....... 23. Mere non-examination of nearby shop-keepers or a neighbour cannot be held to be fatal to the prosecution case if there are eye-witnesses of the alleged occurrence. It is a sound principle of law that it is not the quantity of witnesses but quality of evidence that matters much to convict an..Category: Criminal Law | Date: | Hits: 35
Abdus Sukur (Md.) and others Vs. Bhasani Mandal and another, 2001, 30 CLC (HCD)
....he instruments in question is void and his right has not been affected thereby and, or, the defendant acquired no right thereby, then the reliefs are covered by both sections 39 and 42. In such cases provisions of section 39 and 42 will overlap. 24. It appears that earlier decision was brought to......e duly admitted without any objection 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 the..Category: Property Law | Date: | Hits: 75
Seastar Shipping Lines Ltd. Vs. Bangladesh & others, 2001, 30 CLC (HCD)
....te of receipt of this order. A copy of this order be sent forthwith to the Prime Minister’s Secretariate and the Ministry of Food. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 449.......er, Annexure-K, detaining the vessel ‘MV Vishva Kaumudi’ and restraining her from leaving the territorial waters of Bangladesh should not be declared to have been passed illegally and without any lawful authority and why the respondent No.2 and/or respondent No.3 should not be directed to take d..Category: Admiralty Law or Maritime Law | Date: | Hits: 212
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.......ection 34 of the Penal Code are not attracted in the present case and, as such, the convictions of other convict appellants in this case under sections 302/34 of the Penal Code are not sustainable in law. It is further submitted that in the inquest report only one injury was found at the back of the..Category: Criminal Law | Date: | Hits: 50
Gurvinder Singh Vs. Secretary, Ministry of Finance and others, 1992, 21 CLC (HCD)
....a salaried employee of Cross Towny Inc. and posted at Dhaka and an employment certificate was issued by the Government which showed that he would work for a period of two years and as per work permit provision the petitioner is to get emolument in US dollar 1,20,000 per annum as basic salary and US ......n with USA and Bangladesh he cannot take advantage. It has been further stated that any person leaving Bangladesh has to take tax clearance certificate from the Deputy Commissioner of Taxes under the law for travel abroad and he has been simply requested to take such clearance and the Director-Gener..Category: Fiscal/Taxation Law | Date: | Hits: 98
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