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

....on the basis of the impugned order dated 30-6-1998 for an amount of Taka 2,58,627.61 as on 30-9-1998. 3. The facts involved in this appeal, in brief, are: The writ-petitioner-appellant is a public limit­ed company, which carries on the business of manufacture, sale and distribution of ......y the High Court Division is set aside. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 372     ..

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

Bangladesh Agricultural Development Corpora¬tion and others Vs. Md. Abdur Rashld and others, 2014, 43 CLC (AD)

....existing strength of employees..........(21) It is the administrators and legislators who are entitled to frame polices and take such admin­istrative decisions as they think necessary in the public interest. The court would be slow from interfering with the economic deci­sions as it has......peal No. 48 of 2012 is allowed so far as it relates to respondent No. 9 Md. Saiful Alam Khondker and dismissed against the rests. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 257 ..

Category: Administrative Law, Employment/Service Law | Date: 2 Feb, 2014 | Hits: 9

Human Rights and Peace for Bangladesh and others Vs. Hon'ble Speaker, Bangladesh Jatiyo Sangsad and others, 2014, 43 CLC (HCD)

....". 2. The averments figured in the writ peti­tion, in generating, are as follows: The instant Public Interest Litigation under Article 102 of the Constitution of the Peoples' Republic of Bangladesh, is preferred by an organization in the name & style the Human Rights and P......itions (according to his own report) [1607] EWHC J23 (KB) that: "the law was the golden met-wand and measure to try the causes of the subjects; and which protected His Majesty in safety and peace: with which the King was greatly offended, and said, that then he should be under the law, whi..

Category: Anti-Corruption Laws | Date: 30 Jan, 2014 | Hits: 5

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

....e result, this appeal is dismissed. No costs. Connected Civil Rule No. 395(f) of 2012 is accordingly discharged. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 48   ......e result, this appeal is dismissed. No costs. Connected Civil Rule No. 395(f) of 2012 is accordingly discharged. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 48   ..

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

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

....ised voice against the barbaric Crimes against Humanity perpetrated in Bangladesh. Justice demands that it should impose a sentence befitting to the perpe­tration of the crime so that it reflects public abhor­rence of crime. Cases of murders in a cold and calculated manner without provocatio...... For the reason stated above, we find no merit in these review petitions. The petitions are accord­ingly dismissed on merit. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 289. ..

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

AKM Mosharraf Hossain Vs. State & another, 2013, 41 CLC (HCD)

....C office and prepared a seizure list of the same. Thereafter, he deposed that after enquiry, it has came to his notice that the convict-appellant under the order of the then President, People's Republic of Bangladesh was appointed as Secretary, Ministry of Industries for a period of three years ......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

SM Redwan Vs. Md. Rezaul Islam and others, 2013, 42 CLC (AD)

....pondent) received Taka. 10,00,000 as earnest money out of total consideration of Taka 29,25,000 to sell the land measuring 2.14 ½, 2.145 acres and executed a "bainanama". He issued a public notice through his lawyer in a daily news­paper on 14-11-1998 about the story of said &qu......he High Court Division are hereby set-aside. The concerned Courts are directed to proceed with the cases in accordance with law. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 169. ..

Category: Criminal Law, Others | Date: 9 Oct, 2013 | Hits: 12

Proshanta Kumar Sarkar Vs. Managing Director, Agrani Bank Ltd Head Office and others, 2013, 42 CLC (HCD)

....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 auction process and t......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. ..

Category: Others, Procedural Law | Date: 8 Oct, 2013 | Hits: 8

Moulana Abdul Hakim (Md.) Vs. Government of Bangladesh and others, 2013, 42 CLC (HCD)

....y fundamental right guaranteed under Part III of the Constitution. Article 102(2) presupposes the availability of the various writs that may be appealed to for reviewing actions and operations in the public domain. When issues of fundamental rights are raised, the sanction under Article 102(1) ......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)

....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)

....peal if the judge declines to take such information into account. The administration of every Act of Parliament is within the purview of some government department. This applies even where other public bodies (such as local authorities) are charged with the day-to-day operation of the Act. It f......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

Satsang Bangladesh, D. Pakutia Vs. People’s Republic of Bangladesh and others, 2013, 42 CLC (HCD)

....Court Division (Civil Revisional Jurisdiction) Present: Soumendra Sarker J Satsang Bangladesh, D. Pakutia.............Plaintiff-Appellant-Petitioner Vs. People’s Republic of Bangladesh and others.......Defendant-Respondent- Opposite Parties Judgment Sept...... established an 'Ashrom' namely "Satsang Ashrom" in Hemayetpur, Pabna wherein he was born. He has many devotees there who perform prayer and other religious activities for spiritual peace. Subsequently, Sree Sree Thagore Anukul Chandra leaving the Ashrom on 1st September, 1946 AD w..

Category: Civil Law, Procedural Law | Date: 26 Sep, 2013 | Hits: 3

Government of Bangladesh Vs. Md. Abdul Maleque Miah and 7 anothers, 2013, 42 CLC (AD)

....f 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 commission amended the BCS Recruit­ment Rules, 1981 and promulgated the Indus­......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)

....dor to the UAE near the Bangladesh Embassy at an amount of 2,10,000 Dirhams and because of shifting and other incidental expenses, the accused-appellant caused pecuniary loss of 72,000 Dirhams to the public exchequer. The second alle­gation was that he misappropriated the monthly salaries of the......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

Maulana Syed Rezaul Haque Chadpuri and others Vs. Bangladesh Jamaat-e-Islami and others [2nd Part], 2013, 42 DLR (HCD)

....nafter referred to as the BJI). 287. The petitioners have therefore decided to challenge the EC, because they want to ensure that all the constitutional functionaries and office bearers of the Republic, including the EC, without fail, observe the rule of law and the Constitution and seek to hol......ves of BJI as enumerated in clause 3 of its constitution are not contrary to the Constitution of Bangladesh. The objectives of BJI as laid down in clause 3 are as follows: Establishment of world peace; Welfare of Mankind; Pleasure of God; and Success in the afterlife. 306. N..

Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 10

Maulana Syed Rezaul Haque Chadpuri and others Vs. Bangladesh Jamaat-e-Islami and others [1st Part], 2013, 42 DLR (HCD)

....am and its philosophical basis which is inherently secular and essentially democratic. There is no scope in Islam for creating a state based on Islamic law or creating an Islamic state, monarchy or republic. BJI in fact is an anti-Islamic organization far removed from the traditional Islam. It pursu......mad (pbuh) himself and countersigned by the representatives of other religions. According to them, Medina Charter recognized Muslims and non-Muslims as legitimate and equal counterpart in executing a peace treaty between and amongst co-equals and co-inhabitants of the city of Medina. By virtue of th..

Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 11

Chow Wen Chang and others Vs. SF Winsome Fashion Ltd. and others, 2013, 42 CLC (HCD)

....The respondent No.3 is directed to pay cost of Taka 50,000 to petition No.1 and Taka 50,000 to petitioner No. 2 within 30 days. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 584. ......The respondent No.3 is directed to pay cost of Taka 50,000 to petition No.1 and Taka 50,000 to petitioner No. 2 within 30 days. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 584. ..

Category: Company Law | Date: 24 Jul, 2013 | Hits: 10

Wadud Mollah (Md.) Vs. Md. Nayem and Another, 2013, 42 CLC (AD)

....mstances upon a proper and intelligence exercise of discretion.......The   only other case where the prayer may also be considered may occur if it is proved that on an account of some local public commotion or other circumstances it is not possible for the petitioner to appear before the l......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. ..

Category: Criminal Law | Date: 17 Jun, 2013 | Hits: 3

Grameen Telecom Vs. Commissioner of Taxes, 2013, 42 CLC (HCD)

....nless there is anything repugnant in the subject or context.— (1)-(47)............................ (48) “principal officer”, used with reference to a local authority, a company, any other public body or any association of persons, includes— (a) managing director, manager, secretary,......o be admitted and heard on merit by the Commissioner of Taxes (Appeal), immediately. However, there shall be no order as to costs. Mohammad Ullah J. -I agree. This Case is also Reported in: ..

Category: Fiscal/Taxation Law | Date: 5 Jun, 2013 | Hits: 86

Moon Construction Company Limited Vs. Government of Bangladesh & others, 2013, 42 CLC (HCD)

..... 10. The issue as to whether holding an administrative file by the administrative authority is an abuse of power and/or misuse of its discretion. 11. The constitution of the People's Republic of Bangladesh has granted power and has imposed duties upon the public authorities. Our Const......ent. Office is directed to communicate the copy of this judgment forthwith. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 193         ..

Category: Constitutional Law | Date: 16 May, 2013 | Hits: 4