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Nurul Hoq Bhuiyan Vs. Momtazul Islam and others, 2014, 43 CLC (HCD)

.... separate saham for 4.42 acres of land. In the circumstances both these two Civil Petition for Leave to Appeal be dismissed. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 51. ..

Category: Property Law | Date: 12 May, 2014 | Hits: 6

State Vs. Faisal Morshed Khan and another, 2014, 43 CLC (AD)

....ccordingly, both the criminal petitions for leave to appeal are dismissed with the observation made in the body of the judgment. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 236. ..

Category: Anti-Corruption Laws | Date: 5 May, 2014 | Hits: 8

Md. Abul Bashar Vs. Government of Bangladesh, 2014, 43 CLC (HCD)

....by the percipient remark made by Maitland long ago: “If you take up a modern volume of the Queen’s Bench Division, you will find that about half of the cases reported have to do with rules of administrative law…” 13. True it is that abuse of power is there everywhe..

Category: Administrative Law, Constitutional Law | Date: 4 May, 2014 | Hits: 5

Director General, Bangladesh Standards and Testing Institution Vs. Matiur Rahman and others, 2014, 43 CLC (AD)

....issed. No attempt has been made to attack the finding of the High Court Division on Service Matter Having been considered the provisions of sections 36(1), 36(2) of the Ordinance, relevant rules of the Rules, the High Court Division took correct view in the matter as to the right of the w..

Category: Employment/Service Law | Date: 4 May, 2014 | Hits: 7

Ayub Hossain Khan (Md.) Vs. Bangladesh and others, 2014, 43 CLC (AD)

....n discarding the submission audi alteram partem, the High Court Division has commend-ably taken the pain of exploring several Indian and English decisions to lend support to the enun­ciation that rules of natural justice are not always rules of thumb; they are flexible and their appli­cation..

Category: Civil Law, Property Law | Date: 4 May, 2014 | Hits: 20

AZM Tajul Islam vs. Government of Bangladesh and others, 2014, 43 CLC (HCD)

....seniority and experience, on the basis of the ACR within 15 days of receipt of this judgment and order. Ed. This Case is also Reported in: 20 BLC (HCD) (2015) 266.     ..

Category: Administrative Law | Date: 3 Apr, 2014 | Hits: 6

Rahima Begum Vs. Government of Banglades Represented by the Secretary, Ministry of Local Government and others, 2014, 43 CLC(HCD)

....gned orders are no orders in the eye of law. Learned Advocate further submits that the impugned order containing in Annexure-A is neither a suspension order nor a dismissal order according to service rules and this type of order is unknown to law. He next submits that till date no departmental proce..

Category: Constitutional Law, Employment/Service Law | Date: 13 Mar, 2014 | Hits: 6

Hossain Ali (Md.) and 22 others Vs. Bangladesh, represented the Secretary Ministry Education and others, 2014, 43 CLC (HCD)

.... in Rule 8(1)(a) of the said Recruitment Rules, 1981 issued the impugned notification (Annexure-G) which reads as under: "8. Relaxation: (1) Notwithstanding any­thing contained in these rules—  (a) the President may, on the recommen­dation of the Council Committee o..

Category: Constitutional Law, Employment/Service Law | Date: 9 Mar, 2014 | Hits: 3

Amirul Islam (Md.) Vs. Commissioner of Customs Chittagong and others, 2014, 43 CLC (HCD)

....its that there is no scope for the respondents to apply the rule 7 of the Valuation Rule, 2000 directly in determining the valuation of the goods in question without exhausting the earlier applicable rules i.e. rule 4 and 5 when the documents, materials and evi­dences on record are available tha..

Category: Fiscal/Taxation Law | Date: 5 Mar, 2014 | Hits: 8

SM Deen Islam Vs. Government of Bangladesh and others, 2014, 43 CLC (HCD)

....n Parishad Chairman and Members (Resig­nation, Removal and Vacation of Office) Rules, 1984 being still in operation is applicable in the present case. On perusal of the said Rules it appears that rules 4, 5, 6, 7, 8, 9, 10, 11 and 12 of the said Rules have prescribed the procedures to be followe..

Category: Administrative Law, Constitutional Law | Date: 4 Mar, 2014 | Hits: 5

Hafiz Ahmed Mazumder Vs. Pubali Bank Limited, 2014, 43 CLC (HCD)

....me of admission of this petition is hereby vacated. The parties will bear their respective cost. This Case is also Reported in: 66 DLR (HCD) (2014) 234       ..

Category: Banking Law, Corporate Law | Date: 25 Feb, 2014 | Hits: 9

BOC Bangladesh Ltd Vs. National Board of Revenue and others, 2014, 43 CLC (AD)

.... when under Rule 3(1) such decla­ration is always unilateral and if within 10 working days such declaration is not objected by the VAT authority, the same is deemed to be accepted." Sub-rules 1 and 3 of the Rule 3 are quoted below: “৩। মূল্য সংযোজন ..

Category: Fiscal/Taxation Law | Date: 19 Feb, 2014 | Hits: 5

কবির ষ্টীল লিমিটেড বনাম কমিশনার অব ট্যাক্সেস, 2014, 43 CLC (HCD)

....red to in sub-section (2) is received by, or accrues or arises, or is deemed to accrue or arise ot, a person, the whole of such amount shall be charged at the rates specified in this Ordinance or the rules made thereunder. (2) The amount referred to in sub-section (1) shall be the following, na..

Category: Fiscal/Taxation Law | Date: 17 Feb, 2014 | Hits: 7

Gias Uddin Chowdhury (Md.) and oth¬ers Vs. Bangladesh, repre¬sented by the Secretary, Ministry of Law and others, 2014, 43 CLC (AD)

....Division calling in question order No.14 dated 16-2-2010 passed by Artha Rin Adalat No.1, Chittagong in Artha Rin Execution Case No.118 of 2009 rejecting an application filed by them under Order XXI, rules 90 and 91 of the Code of Civil Procedure (the Code) read with section 32 of the Artha Rin Adal..

Category: Civil Law, Others | Date: 17 Feb, 2014 | Hits: 9

S.N. Kabir Vs. Fatema Begum and others, 2014, 43 CLC (AD)

....title of an Act which is set ut at its head giving the general purpose of the Act as well as the preamble of an Act which also recites the main object of the Act are part of the Act. One of the basic rules of interpretation of a statute is that to understand the meaning of a particular provi­sio..

Category: Property Law | Date: 16 Feb, 2014 | Hits: 19

Md. Shafayet Hossain Rana Vs. State and Md. Syed Rejaul Karim Salim, 2014, 43 CLC (HCD)

....dispose of the same expeditiously. Send down the lower Courts’ records and communicate the judgment. Muhammad Abdul Hafiz J.- I agree. Ed. This Case is also Reported in: ..

Category: Civil Law | Date: 21 Jan, 2014 | Hits: 111

Ali Garments Limited Vs. Commissioner of Taxes, 2014, 43 CLC (AD)

....he High Court Division, accordingly, the appeal is dis­missed without however any order as to costs. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 243.     ..

Category: Fiscal/Taxation Law | Date: 5 Jan, 2014 | Hits: 11

BRAC Bank Ltd Vs. Multimode Ltd, 2013, 42 CLC (HCD)

....44 DLR (AD) 104, natural justice wherein it is held as 'natural justice in a case of disciplinary proceeding. In a case of disciplinary proceeding against an employee, in the absence of statutory rules, the employee must be given prior notice of the proceeding so that he gets an adequate opportu..

Category: Contract Law | Date: 12 Dec, 2013 | Hits: 0

Abdul Quader Mollah Vs. Chief Prosecutor, International Crimes, Tribunal, Dhaka, 2013, 42 CLC (AD)

....lly in the superior Courts of the country and while it is true that in doing so they will follow the generally recognized principles applicable to statutory interpretation, in elabora­tion of the rules contained in the interpretation of statutes. With the above findings, the review peti­tion..

Category: International Crimes Tribunal Law | Date: 12 Dec, 2013 | Hits: 15

Ekramul Hossain (Md.) and others Vs. Chairman, First Labour Court, Dhaka and others, 2013, 42 CLC (HCD)

....y;ever, without any order as to costs. BLA Case No. 1534 of 2011 pending before the First Labour Court, Dhaka is hereby quashed. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 313 ..

Category: Labour and Industrial Law | Date: 18 Nov, 2013 | Hits: 5