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Mohammad Elias Vs. Commissioner of Customs, Chittagong and others, 2013, 42 CLC (HCD)
....final assessment within a period of four months from receipt of this order. Communicate the judgment to respondents No.1-4. Shamim Hasnain J. - I agree. Ed. This Case is also Reported in: ......bmitted bills of entry Nos.C-176847, C-176841, C-176862, C-176834, C-176828 all dated 26.07.2004 for releasing the same on the basis of invoice value, but the Customs authority proposed to assess its duty and taxes on the basis of US Dollar 216.00 per metric ton ignoring the invoice value. 3. Mr..Category: Fiscal/Taxation Law | Date: 28 Jan, 2013 | Hits: 59
Abdullah-al-Noman Vs. State and another, 2013, 42 CLC (HCD)
.... trial of the case in accordance with law. Let a copy of this judgment be transmitted to the concerned court below at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 156 ...... who shall exercise in respect of the said Bureau such powers as the Government may specify in this behalf. Section 9. Delegation of power.—The Government may direct that any power or duty which is conferred or imposed by this Act upon the Government shall, in such circumstances and ..Category: Anti-Corruption Laws, Criminal Law | Date: 24 Jan, 2013 | Hits: 8
Md. Sadek Ali Vs. Government of Bangladesh and others, 2013, 42 CLC (HCD)
....s the said representation and take a decision thereon. The Rule is thus disposed of with the above observations. Shamim Hasnain J. - I agree. Ed. This Case is also Reported in: ......Ltd., Khalishpur, Khulna on 12.11.1986 as a weaver. He was promoted twice, firstly to the post of Senior Weaver (বড় তাঁতী)and secondly to that of Labour Sarder in 2009. He performed his duty honestly and diligently. Being a popular worker-leader, he was elected as Assistant Secretary o..Category: Labour and Industrial Law | Date: 13 Jan, 2013 | Hits: 101
Asaduzzaman Shahid Khan Vs. National Tea Company Ltd and others, 2013, 42 CLC (HCD)
....ost will be borne by the company: Let a copy of the order be send to the Registrar of the Joint Stock Companies arid Firms. Ed. This Case is also Reported in: 18 BLC (HCD) (2013)110. ......er and the respondents, respectively. 6. It appears from the record that the respondent-company is a public company limited by shares and listed with the stock exchanges. It is under a statutory duty to hold its AGM within the time specified by the provisions of subsection (2) of section 81 as ..Category: Company Law | Date: 9 Jan, 2013 | Hits: 13
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. ...... weighing the evidence in just the same way as it would have done if it had been there all along……………………………….(10) Section 342 Cr.P.C. enjoins upon the trial Court the duty of placing before the accused the circumstances appearing against him in order that he may be ..Category: Procedural Law | Date: 9 Jan, 2013 | Hits: 10
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. ......s of natural justice as well. Therefore, we find the grievance of Mr. Mahmudul Islam legitimate, Mr. Aktar Imam who appeared before the High Court Division for the plaintiff-petitioner also owed a duty as an officer of the Court to bring to the notice of the learned Judge about the law declared ..Category: Procedural Law | Date: 4 Jan, 2013 | Hits: 8
TLRA Holding Ltd Vs. Customs, Excise and VAT Appellate Tribunal & others, 2012, 41 CLC (HCD)
....ioner from their record. The petitioner by denying the allegation of evasion of tax has asserted that they never produced anything beyond the quantity as shown in the VAT Registrar. The allegation of excess production is false and was brought against him by conspiracy to wipe out the petitioner comp......Court is hereby recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 94. ..Category: Fiscal/Taxation Law | Date: 10 Dec, 2012 | Hits: 6
Advocate Taimur Alam Khondaker Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....y;tration authority, as per the Constitution of the Federation. There will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 139 ......ay constitute 3 (three) members Election Commission with those who are not the members of the Federation. There shall be one Chief Election Commissioner and 2(two) Election Commissioner. The foremost duty of the Election Commission is to declare election schedule 30 (thirty) days prior to election u..Category: Administrative Law | Date: 29 Nov, 2012 | Hits: 6
Government of Bangladesh and oth¬ers Vs. Dr. Md. Nazrul Islam Bhuiyan and others, 2012, 41 CLC (AD)
....sed by a Division Bench of the High Court Division in Writ Petition No.29.19 of 2006 is hereby affirmed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 255. ......larize them in newly created revenue posts and on the other hand, the respondent Nos.1 to 7 are neither holders of constitutional post nor employees of any statutory post nor performing any duty of public character nor Government servants and, as such, the writ petition in view of above fa..Category: Civil Law | Date: 28 Nov, 2012 | Hits: 4
Government of Bangladesh and others Vs. Hamento Kumar Barmon and another, 2012, 41 CLC (AD)
....we find no other alternative but to dismiss the appeals. Accordingly, the appeals are dismissed; no order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 152. ......y replied to the charges brought against him stating, inter alia, that he was not, at all, present in the alleged incidents which took place from the 12th to the 14th days of August 1997 as he was on duty, delivering official letters at the Bangladesh Secretariat and at the Prime Ministers Office. T..Category: Employment/Service Law | Date: 28 Nov, 2012 | Hits: 12
Esrarul Huq Chowdhury Vs. Md. Amir Hossain, Advocate and another, 2012, 41 CLC (AD)
.... 5 (five) years is set aside and that passed by the Tribunal in the complaint case is restored. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 313,66 DLR (AD) (2014) 1. ......scope and ambit has to be construed with reference to the subject matter and context wherein the term occurs. According to Black's Law Dictionary 'misconduct' means "A dereliction of duty; unlawful or improper behaviour." Affirmative misconduct means an affirmative act of misre..Category: Others | Date: 28 Nov, 2012 | Hits: 23
Mohammad Ullah Ashraf Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....thout any order as to cost. The order of stay granted at the time of issuance of the Rule is vacated. Mohammad Bazlur Rahman J. I agree. Ed. This Case is also Reported in: ......d filed an application on 30.4.2007 for granting license of Nikah Registrar for the same area in favour of his son Mohammad Ullah Ashraf (the writ petitioner) stating that he was unfit to perform his duty because of illness (annex-A). The writ petitioner had also filed an application on 3.5.2007 to ..Category: Civil Law | Date: 28 Nov, 2012 | Hits: 109
Government of Bangladesh & others Vs. Md. Ghulam Mustafa and others, 2012, 41 CLC (AD)
...., 5, 6 and 10, namely: Marzuka Ahmed Zakia, Roll: 131253, Zerin Tasnim Sara, Roll:324146, Zishan Sarwardi, Roll:321468, Israt Akhter Emran, Roll: 152113 and Sayma Islam, Roll: 132523 secured marks in excess of the qualifying minimum score 152,25 for admission into the MBBS/BDS courses under the Gove...... the High Court Division calling for our interference. With the above observations and directions the petition is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 85. ..Category: Others | Date: 22 Nov, 2012 | Hits: 20
Amirul Islam (Md.) Vs. Commissioner of Customs and others, 2012, 41 CLC (HCD)
....e Rule is declared to have been passed without lawful authority and is of no legal effect. Communicate at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 77. ...... part of the main application. 2. At the instance of the petitioner, Mohammad Amirul Islam this Nisi was issued calling upon the respondents to show cause as to why the assessment of the Customs duty and other charges of the imported goods of the petitioner covered under the Letter of Cred..Category: Fiscal/Taxation Law | Date: 19 Nov, 2012 | Hits: 6
State Vs. Kazi Mahbub-uddin Ahmed, 2012, 41 CLC (AD)
....in the judgment of the High Court Division which calls for our interference. The appeal is, therefore, dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 210. ......cer investigated into the matter immediately after the occurrence, he did not examine most of the witnesses and the witnesses who were examined did not say anything against the respondent. His duty is to examine the witnesses who are supposed to be acquainted with the facts and circumstances..Category: Evidence Law | Date: 14 Nov, 2012 | Hits: 21
State Vs. Kazi Mahbubuddin Ahmed, 2012, 41 CLC (AD)
.... illegality in the judgment of the High Court Division which calls for our interference. The appeal is, therefore, dismissed. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 135.......officer investigated into the matter immediately after the occurrence, he did not examine most of the witnesses and the witnesses who were examined did not say anything against the respondent. His duty is to examine the witnesses who are supposed to be acquainted with the facts and circumstances..Category: Criminal Law | Date: 14 Nov, 2012 | Hits: 11
Shamsul Kabir Humayun Reza Vs. Anwarul Hasan and Others, 2012, 41 CLC (AD)
.... learned Judge found the documents of the plaintiffs genuine considering two vital and relevant facts (i) when on physical verification of the suit plot, a fraction chhatak/decimal was found to be in excess of the allotted plot, the then DIT directed their father (wrongly written as plaintiff) to pa......on from RAJUK and the other authorities, he would register the deed on receipt of the balance consideration. It was further agreed that the plaintiff’s father would pay the gain tax, stamp duty, registration fees and other expenses necessary for registration of the deed. RAJUK was informe..Category: Evidence Law, Property Law | Date: 12 Nov, 2012 | Hits: 37
Category: Civil Law | Date: 8 Nov, 2012 | Hits: 4
Anti Corruption Commission Vs. Md. Obaidul Karim and another, 2012, 41 CLC (AD)
....ment and order dated 25.09.2012 passed by the High Court Division in Criminal Miscellaneous Case No.19433 of 2012 be stayed till disposal of the appeal. Ed. This Case is also Reported in: ......of Special Judge, Court No.4, Dhaka which was quashed so far as the respondent No.1 is concerned. 2. The prosecution case, in brief, is that the informant along with other forces were on patrol duty, on 27.02.2007, at Kalabagan area, Dhaka, when they came to know, from a reliable source, that ..Category: Anti-Corruption Laws | Date: 4 Nov, 2012 | Hits: 611
The State Vs. Moru Bhuiyan, 2012, 41 CLC (HCD)
....eal No.2408 of 2007 and Jail Appeal No.535 of 2007 are allowed. 29. The office is directed to send down the records at once. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 42 ...... from the prosecution. More so in all respect, the convict is also entitled to benefit of doubt. In the case of Safder Ali Vs. Crown 5 DLR (FC) 107 held: "In a criminal case, it is the duty of the Court to review the entire evidence that has been produced by the prosecution and the de..Category: Criminal Law | Date: 18 Oct, 2012 | Hits: 7