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AA Engineering Limited Vs. University of Khulna, 2013, 42 CLC (AD)
....thout deducting therefrom any amount on account of VAT. Khulna University is under the obligation to pay VAT in the instant case. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 19. ......se. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 19. ......e Act places the burden upon the service Tenderer to pay the tax. But the Act did not say anywhere that service Tenderer cannot pass on the tax burden to the service receiver and having regard to the nature of the tax, the answer should be in the affirmative. The burden of the tax has been temporari..Category: Fiscal/Taxation Law | Date: 3 Oct, 2013 | Hits: 28
Satsang Bangladesh, D. Pakutia Vs. People’s Republic of Bangladesh and others, 2013, 42 CLC (HCD)
....evidence within 2(two) months from the date of receipt of this judgment, order. Communicate the judgment and order at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 110 ......ed in: 67 DLR (HCD) (2015) 110 ......ivil Procedure seeking an order of temporary injunction restraining the defendants to make over & take over the derequisitioned land till disposal of the original suit. It is a fact that the nature and character of the suit as the instant suit is of exceptional nature which involve the..Category: Civil Law, Procedural Law | Date: 26 Sep, 2013 | Hits: 3
State Vs. Mostafizur Rahman and another, 2013, 42 CLC (AD)
....and findings given by Mohammad Anwarul Haque, J. Court's Order The appeal is dismissed by majority decisions. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 218. ...... Court's Order The appeal is dismissed by majority decisions. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 218. ......r related to the victim nor had any reason to bring a false case against accused Mostafizur Rahman and Aleya. He observed that the witnesses had no enmity with the accused. 15. In a case of this nature it is imperative to keep in mind certain social and moral aspects as well as the background o..Category: Criminal Law, Women and Children | Date: 18 Sep, 2013 | Hits: 7
....hereby declared to have been given without lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 66 DLR (HCD) (2014) 14.
...... and is of no legal effect.
Ed.
This Case is also Reported in: 66 DLR (HCD) (2014) 14.
......red from exercising their free sovereign will, which is supreme and thereby the right of self determination, whereby the people have gifted themselves the Constitution in 1972, which is republican in nature, based on secularism, democracy, non-discrimination on the ground of gender, colour or religi..
Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 10
....নোয়ার কবির; ইসলামিক ফাউন্ডেশন কর্তৃক প্রকাশিত, পৃষ্ঠাঃ ৬৮)
(..to be continued at CLC ID ( 9365 )
......ন্ডেশন কর্তৃক প্রকাশিত, পৃষ্ঠাঃ ৬৮)
(..to be continued at CLC ID ( 9365 )
...... community with collective responsibilities towards each other through a process which displayed early traces of democracy. The Charter of Medina, therefore, encapsulates the pure essence, spirit and nature of Islam and its philosophical basis which is inherently secular and essentially democratic. ..
Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 11
Robi Axiata Ltd Vs. First Labour Court Dhaka and others, 2013, 42 CLC (HCD)
....Orders of Stay as initially granted are necessarily recalled and vacated. There are no Orders as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 551 ......called and vacated. There are no Orders as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 551 ......ner (as reflected in the Timeline Table below) alleging that under section 4(7) and (8) of the Act each of them has become a permanent employee of the Petitioner company. Each such application in the nature of a plaint spelt out the initial engagement of each applicant on a temporary basis on v..Category: Labour and Industrial Law | Date: 28 Jul, 2013 | Hits: 7
Zahirul Islam @ Dipu (Md.) Vs. State, 2013, 42 CLC (AD)
....f the Penal Code. The respondent is directed to set them at liberty at once if they are not wanted in any other case. Ed. This Case is also Reported in: 20 BLC (AD) (2015)129. ......et them at liberty at once if they are not wanted in any other case. Ed. This Case is also Reported in: 20 BLC (AD) (2015)129. ......other witnesses. Sometimes a witness is tendered by the prosecution from motive, not examined lest something undesirable comes out from his lips. The best evidence, of which the case in its nature is susceptible, should always be presented. 12. In criminal cases the court cannot pro&s..Category: Criminal Law, Evidence Law | Date: 20 Jun, 2013 | Hits: 3
Wadud Mollah (Md.) Vs. Md. Nayem and Another, 2013, 42 CLC (AD)
....h the above observations. Let a copy of this judgment be communicated to the learned Judges of the High Court Division. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 93. ...... communicated to the learned Judges of the High Court Division. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 93. ...... in admitting the accused on pre-arrest bail. The grounds upon which the accused moved the petition are not relevant for entertaining an application for anticipatory bail. In view of the serious nature of offence allegedly committed by the accused, the High Court Division should not have taken ..Category: Criminal Law | Date: 17 Jun, 2013 | Hits: 3
Maku Rabi Das Vs. State, 2013, 42 CLC (AD)
.... find no merit in the appeal and accordingly it is dismissed. The confirmation of sentence of death is to be maintained. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 240. ...... be maintained. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 240. ......ry who held autopsy on the body of the deceased and found that cause of death was due to shock and haemorrhage resulting from the injuries caused by heavy sharp cutting weapon which is homicidal in nature. 9. In this Jail Appeal Mr. Md. Helaluddin Mollah the learned advocate appearing on beh..Category: Criminal Law | Date: 3 Apr, 2013 | Hits: 16
Golam Nabi and another Vs. Anti-Corruption Commis¬sion, and others, 2013, 42 CLC (HCD)
....e also kept in each writ petition, referred to above facilitating to incorporate the result in the order sheet. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 181 ......shy;itating to incorporate the result in the order sheet. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 181 ...... the Prevention of Corruption Act, 1947 are disposed of in one judgment since all these arises out of same ACC GR case and the matter of adjudication of all these writ petitions are identical in nature we are going to write single judgment which will govern all these writ petitions referred to ..Category: Anti-Corruption Laws, Criminal Law | Date: 14 Mar, 2013 | Hits: 4
Dhaka City Corporation Vs. Firoza Begum & others, 2013, 42 CLC (AD)
....on are based on proper appreciation of laws and facts. Accordingly, the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 145. ...... This Case is also Reported in: 65 DLR (AD) (2013) 145. ......enior Advocate, appearing on behalf of the appellant, submits that the writ-respondents having known about the fate of their status on completion of the project and their service being contractual in nature, continuation of their service in the project did not create any right in their favour to be ..Category: Constitutional Law, Employment/Service Law | Date: 6 Mar, 2013 | Hits: 17
State Vs. Romana Begum alias Noma, 2013, 42 CLC AD
....igh Court Division does not call for any interference by this Division. Accordingly, the criminal appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 183. ......ence by this Division. Accordingly, the criminal appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 183. ...... the maid servant, where one victim was a prospective doctor and the other was a Government College teacher and if the lesser sentence was given it may encourage repetition of crimes of the same nature and would be a threat to the society at large". 12. Mr. Momtazuddin Fakir, the lear..Category: Procedural Law | Date: 5 Mar, 2013 | Hits: 5
Amir Hossain Sowdagar Vs. Md. Harunur Rashid and others, 2013, 42 CLC (AD)
....ismissed. The appeal is dismissed with the above modification of the judgment, without however, any order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 130. ......, without however, any order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 130. ...... which case, the reciprocal promises are to be performed in that order; and where the order is not expressly fixed by the contract, the reciprocal promises are to be performed in that order which the nature of the transaction requires. Section 53 provides that when a contract contains reciprocal pro..Category: Contract Law | Date: 20 Feb, 2013 | Hits: 42
Abdul Wahab (Md.) Vs. State & another, 2013, 42 CLC (HCD)
....h the Special Case in accordance with law. Send a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 382. ......d a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 382. ......32 for lodging FIR......... (9) Rule 10 Anti-Corruption Commission Rules, 2007 Rule 10, which requires submission of police report within a stipulated period of 60 days is directory in nature......(9) Rule 17 Rule 17 of the Bidhimala, has already empowered a Deputy Director ..Category: Anti-Corruption Laws, Criminal Law | Date: 10 Feb, 2013 | Hits: 6
Giasuddin-al-Mamun Vs. State and another, 2013, 42 CLC (HCD)
....warranted in law and disapproved by the Appellate Division. Accordingly, the application is rejected summarily. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 50. ......ivision. Accordingly, the application is rejected summarily. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 50. ......32 of 2011, which were filed by the co-accused Tarique Rahman, it appears that Appellate Division considering the facts and circumstances of this particular case has termed it 'very unique in its nature' and categorically and consistently held (in Civil Review Petition No. 32 of 2011) that; ..Category: Criminal Law | Date: 17 Jan, 2013 | Hits: 11
Mir Sharafat Ali Vs. Govemment of Bangladesh and others, 2013
....hin 2 (two) weeks time from the receipt of the copy this judgment. The office is directed to communicate the order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 201 ......dgment. The office is directed to communicate the order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 201 ......tuted an action against the Secretary of State in the United States District Court for the District of Columbia. In due course the case went up to the Supreme Court. Mr. Justice Douglas described the nature of the passport thus:— "A passport not only is of great value indeed necessar..Category: Constitutional Law | Date: 10 Jan, 2013 | Hits: 2
Shafiqul Alam (Md.) Vs. State, 2013, 42 CLC (HCD)
....inst another accused in accordance with law. Send a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 83 ......end a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 83 ......ent that subsequently he entered into the contract for purchasing the property on the basis of alleged forged power of attorney deed. But there is no allegation that he had prior knowledge about nature of power of attorney deed. Therefore, it is evident that no specific allegation has been disc..Category: Criminal Law | Date: 10 Jan, 2013 | Hits: 4
Habibur Rahman @ Habu and others Vs. State, 2013, 42 CLC (AD)
.... of the charges and they be set at liberty if not wanted in connection with any other case. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 108; 18 BLC (AD) (2013) 218. ......onnection with any other case. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 108; 18 BLC (AD) (2013) 218. ......ccused to have a clear idea of what he is being tried for and of the essential facts that he has to meet or in the alternative, to warn the accused of the case he is to answer. It shall contain the nature and the particulars of the offence by name, the date, time and place. The accused is entitl..Category: Procedural Law | Date: 9 Jan, 2013 | Hits: 10
Abul Khair Chandu Vs. State and another, 2013, 42 CLC (HCD)
.... all necessary. 17. Send a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 230 ......t and order to the concerned Court below immediately. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 230 ...... Artha Rin Case No. 3 of 2005, which was decreed on 5-3-2007, and the Decree Execution Case No.24 of 2007 is still pending. So, business transaction and contractual obligation, being civil dispute in nature, criminal proceeding is not tenable; and, as such, the impugned order is liable to be set-asi..Category: Banking Law, Criminal Law | Date: 7 Jan, 2013 | Hits: 2
Gulf Air Company GSC and another Vs. Travel Trade Ltd. and others, 2013, 42 CLC (AD)
....09 of 2012 pending before him on merit positively within three weeks from the date of receipt of this judgment. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 156. ...... this judgment. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 156. ......ext day or in the alternative to hear and dispose of the miscellaneous appeal itself within the time given. 7. In view of the submissions of the learned Counsel of the respective party and the nature of the impugned order, the only question to be decided in this leave petition is as to whet..Category: Procedural Law | Date: 4 Jan, 2013 | Hits: 8
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