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Sheikh Md. Rafiqul Islam (Babul) Vs. Manager, Uttara Bank Limited and others, 2013, 42 CLC (HCD)
....tion), Judicial Section-3, Ministry of Law, Justice and Parliamentary Affairs, Government of Bangladesh (Annexure-"B"). 3. The respondent No. 3 Mr. Sharif uddin Ahmed, then resumed the post of Additional District Judge and now holding the rank and status of Additional District Judge. ......s set-aside. The trial Court is directed to proceed with the suit immediately in accordance with law. Communicate at once. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 131. ......s set-aside. The trial Court is directed to proceed with the suit immediately in accordance with law. Communicate at once. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 131. ......s set-aside. The trial Court is directed to proceed with the suit immediately in accordance with law. Communicate at once. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 131. ..Category: Administrative Law, Banking Law | Date: 20 Nov, 2013 | Hits: 6
....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
......ars— For the Respondents
Writ Petition No. 9135 of 2011.
Judgment
Md. Bazlur Rahman J.— The petitioners claiming as President and members of Narsingdi Zilla Bus-Minibus Sramik Union a registered trade union of workers bearing regi......2(21) & Sections 317(4)
Power Invested to Labour Court—
There is a Distinction between the Election of a Collective Bargaining Agent and Election for the Office Bearers of a Trade Union—
Labour Court has not been invested with any power to adjudicate matters relating t......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
Golam Sarwar Vs. Commissioner of Taxes, 2013, 42 CLC (HCD)
....income being taxable income and he also owned a building. So, the income escaped assessment for the assessment years from 1996-97 to 2000-2001. Although statutory notices were sent through registered post which were also recorded in the order sheet and the margin of the order sheet of respective ass......ke necessary steps under section 161(2) of the Income Tax Ordinance, 1984. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 350; 2 CLR (HCD) (2014) 301; 23 Karadalat (HCD) (2014) 15 ......ke necessary steps under section 161(2) of the Income Tax Ordinance, 1984. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 350; 2 CLR (HCD) (2014) 301; 23 Karadalat (HCD) (2014) 15 ......ke necessary steps under section 161(2) of the Income Tax Ordinance, 1984. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 350; 2 CLR (HCD) (2014) 301; 23 Karadalat (HCD) (2014) 15 ..Category: Fiscal/Taxation Law | Date: 14 Nov, 2013 | Hits: 4
AKM Mosharraf Hossain Vs. State & another, 2013, 41 CLC (HCD)
....rporation hereinafter called BCIC, the convict-appellant on the basis of a contract dated 12-4-1988 appointed as Secretary, Ministry of Industry and joined his new post on 13-4-1988. It has been further alleged that the convict-appellant requested the Chairman, BC......realise the fine in accordance with law. Let a copy of this judgment along with LCR be sent to the concerned Court at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 564 ......realise the fine in accordance with law. Let a copy of this judgment along with LCR be sent to the concerned Court at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 564 ......realise the fine in accordance with law. Let a copy of this judgment along with LCR be sent to the concerned Court at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 564 ..Category: Anti-Corruption Laws, Criminal Law | Date: 10 Oct, 2013 | Hits: 3
....costs. The order of stay granted earlier is vacated.
Communicate a copy of the judgment to the bank concerned at once.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 50.
......n sub-section (6) of section 12 of the Ain, publishing notice in accordance with the provision contained in sections 33(1) and 48 of the Ain and ensured due participation of the bidders from the members of the public so as to allow the borrower to be duly kept abreast with on transparent auctio......costs. The order of stay granted earlier is vacated.
Communicate a copy of the judgment to the bank concerned at once.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 50.
......costs. The order of stay granted earlier is vacated.
Communicate a copy of the judgment to the bank concerned at once.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 50.
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Category: Others, Procedural Law | Date: 8 Oct, 2013 | Hits: 8
Moulana Abdul Hakim (Md.) Vs. Government of Bangladesh and others, 2013, 42 CLC (HCD)
....ts in various jurisdictions to chip away at that basic tenet so introduced by Mr. Islam. 5. Accordingly, Mr. Rokanuddin Mahmud has more pertinently introduced the premise of enquiry as postulates that the derivative status of a body's powers is of little concern as to the judi......hat the appeal to the public status of the Respondent No. 10 chairman in the present case is all the more compelling given that in any case under section 30 of the ordinance of 1978. "Every member of the board and...and every person appointed for carrying out the purpose of this ordinance,......ed of with the directions above. 43. There is no order as to costs. Communicate this judgment and order forthwith. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 83 ......ed of with the directions above. 43. There is no order as to costs. Communicate this judgment and order forthwith. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 83 ..Category: Administrative Law, Constitutional Law | Date: 3 Oct, 2013 | Hits: 2
Ahmed Lal Mia Vs. State and another, 2013, 42 CLC (AD)
....nk on 17-1-2011, but the same was dishonoured with the endorsement "payment stopped by drawer.”] Then the complainant issued the statutory notice upon the accused on 2-2-2011 by registered post asking him to make the payment of the amount of the dishonoured cheque which was duly received ......ove, no interference is called for with the impugned judgment and order. The leave petition is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 204. ......ove, no interference is called for with the impugned judgment and order. The leave petition is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 204. ......ove, no interference is called for with the impugned judgment and order. The leave petition is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 204. ..Category: Criminal Law | Date: 3 Oct, 2013 | Hits: 5
AA Engineering Limited Vs. University of Khulna, 2013, 42 CLC (AD)
....hy;ment of Francis Vennion, a modern authority on interpretation of statutes, in his book, Statutory Interpretation, 5th Edition at pages 702 and 703. "Section 231. The basic rule regarding post-enacting history In the period immediately following its enactment, the history of how an ......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. ......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. ......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. ..Category: Fiscal/Taxation Law | Date: 3 Oct, 2013 | Hits: 28
....no reason and logic, he could just sit over the matter.
With the above observations, this petition is dismissed.
Ed.
This Case is also Reported in: 20 BLC (AD) (2015) 143
......the VAT registration was filed under section 19(1) of the Act, it was the duty of the concerned VAT authority to move in the matter and give his decision. The concerned VAT authority must have remembered that he, being a Government functionary, was duty bound to act as per the dictate of law th......no reason and logic, he could just sit over the matter.
With the above observations, this petition is dismissed.
Ed.
This Case is also Reported in: 20 BLC (AD) (2015) 143
......no reason and logic, he could just sit over the matter.
With the above observations, this petition is dismissed.
Ed.
This Case is also Reported in: 20 BLC (AD) (2015) 143
..
Category: Fiscal/Taxation Law | Date: 24 Sep, 2013 | Hits: 9
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. ...... dated 31-7-2000 passed by a Division Bench of the High Court Division in Criminal Appeal No. 1349 of 1996 allowing the appeal. 3. After conclusion of the appeal hearing the view of the majority members of this Division was to dismiss the appeal. 4. I have had the privilege of going throug......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. ...... The report of the victim's torture was published in that newspaper on 7-9-1995. After seeing the newspaper report the informant Shamsunnahar Chowdhury (P.W. 1), who is the Convener of the Mohila Parishad, Rajbari discussed the matter in their regular meeting on 30-9-1995 and according to t..Category: Criminal Law, Women and Children | Date: 18 Sep, 2013 | Hits: 7
Government of Bangladesh Vs. Md. Abdul Maleque Miah and 7 anothers, 2013, 42 CLC (AD)
....and abroad and passed the prescribed examination after which he was confirmed in the service on 31-7-1975 through notification published in the Official Gazette dated 28-4-1977. He was posted in the Bangladesh Steel and Engineering Corporation on deputation and he was working the......on on deputation and he was working there. In order to meet the requirement of good number of trained and experienced officers the Government abolished the IMS Cadre and absorbed majority of its members in the BCS (Admn) Cadre in 1982. The Government, in consultation with the public service com......allowed and the impugned judgment and order is set aside with the observations made in the body of the judgment. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 167 ......allowed and the impugned judgment and order is set aside with the observations made in the body of the judgment. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 167 ..Category: Administrative Law, Constitutional Law | Date: 17 Sep, 2013 | Hits: 3
ATM Nazimullah Chow¬dhury Vs. State & another, 2013, 42 CLC (HCD)
....n of Corruption Act. 34. The P.W.3 is Jamshed Minhaz Rahman. He states in his evidence that on 9-6-2003, he joined the Bangladesh Embassy in Abu Dhabi as Third Secretary and on 31-1-2008, he was posted as Second Secretary and Head of Chancery at that Embassy and during his tenure there from Apr......riated the salaries of those two alleged gardeners by taking the same from the Administrative Officer Shamsul Haque and excepting the two alleged gardeners Jewel Miah and Selim Parvez, the other members of the staff of the Embassy used to get their salaries through account transfers in their re......eps to secure his arrest. Let the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 500. ......eps to secure his arrest. Let the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 500. ..Category: Criminal Law, Procedural Law | Date: 1 Aug, 2013 | Hits: 5
....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.
......istration of a political party will tantamount to tampering with democracy, which is a basic feature of the Bangladesh Constitution.
303. Moreover, the BJI has been established and is run by its members in accordance with the fundamental right of freedom of expression as enshrined in Article&nb......s, 49 DLR (AD) 1; BRAC and others Vs. Professor Mozaffor Ahmed and others, 54 DLR (AD) 36; Lord Denning M. R. in Sehmidt Vs. Secretary of Home Affairs, (1969) 1 All E.R. 904; Council of Civil Service Unions Vs. Minister for the Civil Services ('GCHQ'), 3 All. E.R. 935; R Vs. North and East D......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.
..
Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 10
....ndings arrived at by the Committee are recorded to be placed before the Commission for a decision. Since the matter has meanwhile come into consideration by the High Court Division the Commission has postponed all further proceeding of the matter and practically waiting for a decision from the Court......nnihilate 'sovereign will' of the people of Bangladesh and thus its political programme is subversive of the root of our Constitution. The BJI constitution tends to encourage militancy in its members culminating in modern day 'jihad' and various shades of fanaticism and extremism in ......s, 49 DLR (AD) 1; BRAC and others Vs. Professor Mozaffor Ahmed and others, 54 DLR (AD) 36; Lord Denning M. R. in Sehmidt Vs. Secretary of Home Affairs, (1969) 1 All E.R. 904; Council of Civil Service Unions Vs. Minister for the Civil Services ('GCHQ'), 3 All. E.R. 935; R Vs. North and East D...... due to extra-constitutional interventions into the constitutional order. Quite a long time thereafter the question of standing again came up in 1990 before the Supreme Court. Bangladesh Sangbadpatra Parishad (Bangladesh Sangbadpatra Parishad Vs. Bangladesh, 43 DLR (AD) 126) challenged an award pass..
Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 11
Robi Axiata Ltd Vs. First Labour Court Dhaka and others, 2013, 42 CLC (HCD)
....and intends to seek redress hereof under this section, shall observe the following procedure:— (a) the worker concerned shall submit his grievance to his employer, in writing by registered post within fifteen days of the occurrence of the cause of such grievance and the employer shall wit......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 ......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 ......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 ..Category: Labour and Industrial Law | Date: 28 Jul, 2013 | Hits: 7
....d over possession of the fishery in question and also to refund to the petitioner the proportionate lease money for the unexpired period of the lease.
Ed.
This Case is also Reported in:
......ecommendation of the Upazilla Jolmohal Management Committee decided to recommend lease in favour of the writ respondent No.6-petitioner herein.
3. The writ petitioner’s contention was that the membership of the writ respondent No.6- the Daipukuria Union Matshajibi Samabaya Samity Ltd. did not......ttee decided to recommend lease in favour of the writ respondent No.6-petitioner herein.
3. The writ petitioner’s contention was that the membership of the writ respondent No.6- the Daipukuria Union Matshajibi Samabaya Samity Ltd. did not consist of genuine fishermen of locality as the Presid......d over possession of the fishery in question and also to refund to the petitioner the proportionate lease money for the unexpired period of the lease.
Ed.
This Case is also Reported in:
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Category: Civil Law | Date: 28 Jul, 2013 | Hits: 169
Younusuzzaman (Badal) Vs. State and another, 2013, 42 CLC (HCD)
....icient fund. Finding no other alternative, the complainant issued a legal notice according to the provisions of the Negotiable Instruments Act through his learned Advocate on 30.08.2008 by registered post with A/D and the same was received by the accused petitioner on 02.09.2008. Unfortunately, the ...... time of issuance of the Rule is hereby vacated. Communicate a copy of this judgment to the court concern immediately. Borhanuddin J.-I agree. Ed. This Case is also Reported in: ...... time of issuance of the Rule is hereby vacated. Communicate a copy of this judgment to the court concern immediately. Borhanuddin J.-I agree. Ed. This Case is also Reported in: ...... time of issuance of the Rule is hereby vacated. Communicate a copy of this judgment to the court concern immediately. Borhanuddin J.-I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: 25 Jul, 2013 | Hits: 140
Sarwar Hossain Moni (Md.) Vs. State and another, 2013, 42 CLC (AD)
....nch on 10-6-2008, but it bounced on 15-6-2008 with the endorsement "insufficient fund". Then the complainant through his lawyer sent a legal notice to the accused on 22-6-2008 by registered post with acknowledgement by making demand of the payment of the said amount only, but the accused i......iewed in affirming the judgment and order passed by the High Court Division and accordingly, both these petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 283. ......iewed in affirming the judgment and order passed by the High Court Division and accordingly, both these petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 283. ......iewed in affirming the judgment and order passed by the High Court Division and accordingly, both these petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 283. ..Category: Criminal Law | Date: 24 Jul, 2013 | Hits: 8
....ued calling upon the respondents to show cause as to why the impugned Memo dated 24-3-2008 (Annexure D) issued by the respondent No. 4 denying time scale and selection grade to persons in the revenue post who were transferred from the development project without counting their service period in......e benefits to the petitioners counting their service period in the development project.
There will be no order as to costs.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 157
......e benefits to the petitioners counting their service period in the development project.
There will be no order as to costs.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 157
......e benefits to the petitioners counting their service period in the development project.
There will be no order as to costs.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 157
..
Category: Administrative Law, Employment/Service Law | Date: 8 Jul, 2013 | Hits: 3
Zahirul Islam @ Dipu (Md.) Vs. State, 2013, 42 CLC (AD)
.... 4. P W.17 Md. Zillur Rahman, ASI of Police, of Ramna Police Station prepared inquest report of the dead body of victim at Dhaka Medical College Hospital and sent the same to the morgue for holding post mortem examination through constable Delowar Hossain, P.W.14. P.W.13 Dr. Mizanur Rahman he......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. ......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. ......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. ..Category: Criminal Law, Evidence Law | Date: 20 Jun, 2013 | Hits: 3
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