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Md. Nuruzzaman (Noni) Vs. Government of Bangladesh and others, 2013, 42 CLC (HCD)

....onstitution of the People’s Republic of Bangladesh inasmuch as no VAT has been imposed upon the students of government medical College. Further, he goes to submit that subsequently, the National Board of Revenue (in short, the NBR) vide Special Order No. 06/Musuk/2007 dated 08.07.2007 had reli......fructuous. The order of stay granted earlier is hereby vacated. There will be no order as to costs. AKM Zahirul Hoque J.- I agree. Ed. This Case is also Reported in: ..

Category: Fiscal/Taxation Law | Date: 20 Nov, 2013 | Hits: 24

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 ......ourt as contem­plated by the provisions of section 202(21) of the Act, 2006. .....(15) Affairs in Civil Nature Must Be Adjudicated By the Civil Court— Section 317(4) entrusted the Director of Labour with power to oversee and supervise the election of a trade union and in the case..

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

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

....ds lies with the BCIC during his service in contract. It is also admitted by him that he could not ascer­tained whether the convict-appellant obtained such standing order with the approval of the Board of BCIC. It is also admitted by him that it is not possible on his part to say that an adjust&......stries and BCIC are the separate and there is no scope to adjust the amount obtained by the convict-appellant from BCIC from the fund of Government. It is also admitted by him that there are Board of Directors who served under the Chairman of BCIC. It is also admitted by him that the pay and conditi..

Category: Anti-Corruption Laws, Criminal Law | Date: 10 Oct, 2013 | Hits: 3

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

....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. ......vision (Special Original Jurisdiction) Present: Syed Refaat Ahmed J Mahmudul Hoque J   Proshanta Kumar Sarkar....................Petitioner Vs. Managing Director, Agrani Bank Ltd Head Office and others..........Respondents Judgment   ..

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

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

....ladesh, 55 DLR 130, Farzana Moazzem Vs. Securities and Exchange Commission, 54 DLR 66; Conferee Ltd. Vs. Titus Gas Transmission and Distribution Co. Ltd., 42 DLR 33; Rv Criminal Injuries Compensation Board, ex p Lain, [1967] 2 All ER 770 at 778, [1967] 2QB 864 at 882; Jockey Club, ex-parte Aga Khan,...... Aga Khan, [1993] 1 WLR 909; Rv. Lloyd s of London, ex parte Briggs, [1993] 1 Lloyd's Rep 176; Poplar Housing Association Vs. Donohue, (2001) I EWCA Cir 595 and (2002) QB 48; Jeewan Mohit Vs. The Director of Public Prosecutions of Mauritius, (2006) UKPC 20. Lawyers Involved: Rehan Husa..

Category: Administrative Law, Constitutional Law | Date: 3 Oct, 2013 | Hits: 2

AA Engineering Limited Vs. University of Khulna, 2013, 42 CLC (AD)

....ance Company Vs. Hamilton, Fraser and Company [(1987) 12 App Cas 448,419]; Tillmanns and Company Vs. SS Knutsford Co.(1908) 2 KB 358; Dr. Ahmed Husain Vs. Chairman, Bangladesh Telegraph and Telephone Board, Dhaka and others, 50 DLR 115; Ajoy Gandi Vs. B Singh AIR 2004 Supreme Court 1391; SB Bhattach......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

Bakhrabad Gas System Limited Vs. Al Masud-ar-Noor and others, 2013, 42 CLC (AD)

....No.4) to show cause "as to why the impugned provision of minimum educational qualification of Bachelor Degree for the promotion of the petitioners passed in resolution dated 6-6-2005 in the 352n Board Meeting of the Board of Directors of Bangladesh Oil, Gas and Mineral Corporation (Petrobangla)......e been heard together and are disposed of by this common judgment. 2. Both the leave petitions have been filed by writ-respondent No.4, Bakhhrabad Gas System Limited, represented by its Managing Director, against the judgment and order dated 21-11-2011 passed by a Division Bench of the High Cou..

Category: Employment/Service Law | Date: 26 Sep, 2013 | Hits: 12

ATM Nazimullah Chow¬dhury Vs. State & another, 2013, 42 CLC (HCD)

....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.   ......the abscondence of the accused-appellant, the question of examination of any defence witness does not arise at all. 26. However, the informant and Investigating Officer Abdullah-al-Zahid, Deputy Director, Anti-Corruption Commission, has examined himself as P.W.1 in the case. He deposes that pur..

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)

.... of Civil Service Unions Vs. Minister for the Civil Service, 1985 (GCHQ); Council of Civil Service Unions Vs. Minister of State for Civil Service (1984) 3 All ER 935; Chairman, All India Railway Rec. Board Vs. K. Shyam Kumar, 2010; Sheo Shanker Lal Srivastava Indian Airlines Ltd. Vs. Prabha D. Kanan......ho voted it for decades, so their right is involved in its political agenda, therefore their right cannot be taken away. On the same proposition, he also referred to the observations made in Managing Director, Rupali Bank Ltd Vs. The Chairman, First Labour Court, Dhaka, 45 DLR 397, which contained i..

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)

.... of Civil Service Unions Vs. Minister for the Civil Service, 1985 (GCHQ); Council of Civil Service Unions Vs. Minister of State for Civil Service (1984) 3 All ER 935; Chairman, All India Railway Rec. Board Vs. K. Shyam Kumar, 2010; Sheo Shanker Lal Srivastava Indian Airlines Ltd. Vs. Prabha D. Kanan......নোয়ার কবির; ইসলামিক ফাউন্ডেশন কর্তৃক প্রকাশিত, পৃষ্ঠাঃ ৬৮) (..to be continued at CLC ID ( 9365 ) ..

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

Nur Jahan Akhtar, Director of Medona Garments Limited Vs. The Commissioner of Taxes, 2013, 42 CLC (HCD)

....t of Bangladesh is directed to take steps under section 161(2) of the Income Tax Ordinance, 1984. S. H. Md. Nurul Huda Jaigirdar J.-  I agree. Ed. This Case is also Reported in: ...... Case is also Reported in: ..

Category: Fiscal/Taxation Law | Date: 31 Jul, 2013 | Hits: 3

Nur Jahan Akhtar Vs. Commissioner of Taxes, 2013, 42 CLC (HCD)

....ngladesh is directed to take steps under section 161(2) of the Income Tax Ordinance, 1984. S. H. Md. Nurul Huda Jaigirdar J. - I agree. Ed. This Case is also Reported in:   ......Reported in:   ..

Category: Fiscal/Taxation Law | Date: 31 Jul, 2013 | Hits: 2

Md. Lokman Hakim and Others Vs. National Board of Revenue and others, 2013, 42 CLC (HCD)

....dur Rahman J Mohammad Ullah J Md. Lokman Hakim, Proprietor of Fardous Steel Corporation, 9 Bhatiary U/P, Sitakunda, District: Chittagong………….............Petitioner Vs. 1. National Board of Revenue, Rajashasha Bhaban, 1,Segunbagicha, Police Station- Ramna, District-Dhaka, represen......o the writ petitioners. In the result, these rules are made absolute.   However, there shall be no order as to cost. Mohammad Ullah J. - I agree. This Case is also Reported in: ..

Category: Fiscal/Taxation Law | Date: 25 Jul, 2013 | Hits: 121

Younusuzzaman (Badal) Vs. State and another, 2013, 42 CLC (HCD)

....e case, which is to be decided in the trial court…………………………..(16) Cases Referred to- Jagarlamubi Surya Prasad Vs. State of AP, (1992) 1 BC 120; UP Pollution Control Board Vs. Modi Distillery, (1987) 3 SCC 68; Krishan Bi Vs. ARPI Press, (1994) 80 Company CAs, 750 Ma......te parties Judgment July 25, 2013. Result: The Rule is discharged. A company being a juristic person, all its deeds and functions are the result of the acts of Managing Director. Therefore, a Managing Director of the company is responsible for the acts done in the name..

Category: Criminal Law | Date: 25 Jul, 2013 | Hits: 140

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

....nly the petitioners became aware that the respondent No.3 was selling the scheduled properties of respondent No.1 company most ille­gally and in personal capacity without the sanc­tion of the Board. The petitioners, seeking to uncover the illegal sale of the properties of the respondent No.1...... 2.  Let the supplementary affidavit do from part of the substantive application. 3. It has been stated in the application, amongst others that the petitioner No.1 is a share­holder-Director of the respondent No.1 company holding 10,000 ordinary shares of Taka 100 each. The petitio..

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

Bangladesh Development Bank Limited Vs.Judge, Artha Rin Adalat, Jessore and others, 2013, 42 CLC (HCD)

....respondents No.2-4 treating the same as a proper miscellaneous case after hearing both sides forthwith. Communicate at once. Ed. This Case is also Reported in: 66 DLR (HCD) (2013) 1. ......ri Case No. 9 of 2005 in the Adalat and in due compliance of law got a certificate under section 33(7) of the Artha Rin Adalat Ain, 2003 (here­inafter referred to as Ain). Subsequently one of the Director, namely, Abul Kalam Azad filed applications dated 7-7-2011 and 11-7-2011 with the petitione..

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

Shahnaz Parveen and others Vs. Bangladesh, represented by the Secretary, Ministry of Heath and Family Welfare Dhaka and others, 2013, 42 CLC (HCD)

....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 budget by order of the Ministry of Health and Family Welfare vide its Memo No. Proba-1/Rajaswa-3/2006/484 dated 11-6-2006. Thereafter their posts were regularized temporarily by office order of the Director General, Directorate of Health Services, Department of Health, Mohakhali, Dhaka vide Memo N..

Category: Administrative Law, Employment/Service Law | Date: 8 Jul, 2013 | Hits: 3

Ayurvedia Pharmacy (Dhaka) Ltd. Vs. Meher Banu Bibi and others, 2013, 42 CLC (AD)

....in which deserves our interference. In that view of the matter the petition for leave to appeal is hereby dismissed Ed. This Case is also Reported in: 21 BLT (AD) (2013) 229. ...... laid down in section 21A(b) of the Specific Relief Act, 1877. 2. In short the case of the plaintiff-petitioner is as follows: Ayurvedia Pharmacy (Dhaka) Ltd., represented by its Managing Director, A.P.M. Fakrul Islam Munshi of 8/1 and 8/2, Armenian Street under P.S. Kotwali, Dhaka ent..

Category: Civil Law | Date: 7 Jul, 2013 | Hits: 13

Moulana Development Co. Limited Vs. National Board of Revenue and others, 2013, 42 CLC (HCD)

....man J Mohammad Ullah J Moulana Development Co. Limited, 980/Access road, Agrabad Chittagong represented its Managing Director Muhammad Abdul Quader Zilany…....Petitioner Vs. 1. National Board of Revenue, NBR Building, Segunbagicha, Dhaka, represented by its Chairman. 2. Commissioner......urt Division (Special Original Jurisdiction) Present: AFM Abdur Rahman J Mohammad Ullah J Moulana Development Co. Limited, 980/Access road, Agrabad Chittagong represented its Managing Director Muhammad Abdul Quader Zilany…....Petitioner Vs. 1. National Board of Revenue, NBR B..

Category: Fiscal/Taxation Law | Date: 12 Jun, 2013 | Hits: 86

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

....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: ......e is also Reported in: ..

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