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Delipjan being dead her heirs: Fazal Haque and other Vs. Shahed Badsha and others, 2014, 43 CLC (AD)
....s allowed and the impugned judgment delivered by the High Court Division is set-aside without any order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 176. ......dra Mohan Roy and others of Royal. Money borrowed was repaid. Yet Zamindar Sachindra Mohan Roy and other did not release possession of the suit land. The matter was complained to the Debts Settlement Board. The Board directed Sachindra Mohan and others to return the land by an award. The Zamindar pr......s allowed and the impugned judgment delivered by the High Court Division is set-aside without any order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 176. ......ivision (Civil) Present: Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali Md. Anwarul Haque J Delipjan being dead her heirs: Fazal Haque and other........Appellants Vs. Shahed Badsha and others…………&h..Category: Civil Law | Date: 11 Feb, 2014 | Hits: 5
....ffect.
There is no order as to costs.
Office is directed to communicate the judgment forthwith.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 191
......ffect.
There is no order as to costs.
Office is directed to communicate the judgment forthwith.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 191
......ffect.
There is no order as to costs.
Office is directed to communicate the judgment forthwith.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 191
......ported in: 67 DLR (HCD) (2015) 191
..
Category: Anti-Corruption Laws | Date: 30 Jan, 2014 | Hits: 5
Ali Garments Limited Vs. Commissioner of Taxes, 2014, 43 CLC (AD)
....he High Court Division, accordingly, the appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 243. ......nied, in the case of an application by the assessee, by a fee of 100 (one hundred taka), refer to the High Court Division any question of law arising out of such order: Provided further that the Board may, on an application made in this behalf modify or waive, in any case, the requirement of su......he question of fact does not require to be controverted by filing an affidavit-in-opposition. As there was no requirement to controvert the question of fact raised before the High Court Division, the Revenue Department did not file any affidavit-in-opposition and for non-filing of affidavit-in-oppo&......n-Record—For the Respondent. Civil Appeal No.279 of 2002 (From the judgment and Border dated 25th of March, 2001 passed by the High Court Division in Reference Application No.4..Category: Fiscal/Taxation Law | Date: 5 Jan, 2014 | Hits: 11
BRAC Bank Ltd Vs. Multimode Ltd, 2013, 42 CLC (HCD)
....ormance for agency agreement with Western Union which is involved in money transferring business from about 160 countries of the world, to Bangladesh. Defendant also required no objection letter from National Bank Ltd., as there was an exclusive agency agreement executed between Western Union and Na...... objection letter from National Bank Ltd., as there was an exclusive agency agreement executed between Western Union and National Bank Ltd., since 1993. Subsequently on the basis of a decision of the Board meeting of the directors of the defendant, the defendant agreed to approach the plaintiff to p......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 ......ul Islam, 49 DLR (AD) 177 Mozibar Rahman Vs. The Chairman, Dhaka Improvement Trust DIT Building, Dhaka, 41 DLR (AD) 131 D Wren International Ltd. Vs. Engineers India Ltd., AIR 1996 Calcutta 424 Desai and Co. Vs. Hindustan Petroleum Corporation Limited, AIR 1987 (Guj) 19 Jamuna Oil Company Limited Vs..Category: Contract Law | Date: 12 Dec, 2013 | Hits: 0
Abdul Quader Mollah Vs. Chief Prosecutor, International Crimes, Tribunal, Dhaka, 2013, 42 CLC (AD)
....sp; December 12, 2013 Result: The petitions are dismissed. Cases Referred to- AP Vs. LVA Dikshitulu, AIR 1979 SC 193; CIT Vs. National Jaj Traders, AIR 1980 SC 485; East Pakistan Vs. Sarafatullah, PLD 1970 (SC) 514; Indi...... 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. ...... 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. ......ri Sangha Vs. AIR Ltd., AIR 1988 SC 1325; Seraj Uddin Ahmed Vs. AKM Saiful Alam, 56 DLR (AD) 41; M. Amir Khan Vs.Collector Estate Duty, 14 DLR (SC) 276; Northwest Frontier Province Vs. Suraj Narain Anand, PLD 1949 PC 1; Poonam Vs. Sumit Tanwar, (2010) 4 SCC 460; Pakistan Vs. Akhlaque Hossain, 17 DLR..Category: International Crimes Tribunal Law | Date: 12 Dec, 2013 | Hits: 15
Md. Nuruzzaman (Noni) Vs. Government of Bangladesh and others, 2013, 42 CLC (HCD)
....9 of the Constitution 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 08.07.200......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......on 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 relieved the ...... (Special Original Jurisdiction) Present: Farah Mahbub J AKM Zahirul Hoque J Md. Nuruzzaman (Noni)………………………Petitioner Vs. Government of Bangladesh and others……Respondents Judgment November 20, 2013. Result: The Rule is dis..Category: Fiscal/Taxation Law | Date: 20 Nov, 2013 | Hits: 24
....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
......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
......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
......R (HCD) (2015) 313
..
Category: Labour and Industrial Law | Date: 18 Nov, 2013 | Hits: 5
AKM Mosharraf Hossain Vs. State & another, 2013, 41 CLC (HCD)
....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 ......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&......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 ......- Hasanuddin Sarker Vs. State, 34 DLR 287; Kazi Ahammad Bazlul Karim Vs. State, 11 BLC 60; Abdul Bari Vs. State, 3 BLC 474; Habibur Rahman Mollah Vs. State, 61 DLR. Lawyers Involved: Khandhar Mahbub Hossain with Md. Shah Alam, Advocates—For the Appellant. Md. Abdul Hai, DAG..Category: Anti-Corruption Laws, Criminal Law | Date: 10 Oct, 2013 | Hits: 3
Moulana Abdul Hakim (Md.) Vs. Government of Bangladesh and others, 2013, 42 CLC (HCD)
....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 ......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,......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 ......n (Special Original Jurisdiction) Present: Syed Refaat Ahmed J Md. Ashraful Kamal J Moulana Abdul Hakim (Md.)...............Petitioner Vs. Government of Bangladesh and others..............Respondent Judgment October 3, 2013 Result: The Rule is ..Category: Administrative Law, Constitutional Law | Date: 3 Oct, 2013 | Hits: 2
AA Engineering Limited Vs. University of Khulna, 2013, 42 CLC (AD)
....ecurity deposit of Taka 47, 24,075. It is the case of the appellant that Khulna University illegally deducted a sum of Taka 38, 39,239 from the security deposit as VAT in spite of the opinion of National Board of Revenue (NBR) that the service receiver would arrange VAT from its own fund i......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...... Taka 47, 24,075. It is the case of the appellant that Khulna University illegally deducted a sum of Taka 38, 39,239 from the security deposit as VAT in spite of the opinion of National Board of Revenue (NBR) that the service receiver would arrange VAT from its own fund if the tender invit......Md. Anwarul Haque J AA Engineering Limited……………………........Appellant Vs. University of Khulna, represented by its Vice-Chancellor and others……….Respondents Judgment October 3, 2013. Result: ..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)
....appointed after the coming into effect or force of the same. With the above observations, the petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 187. ......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)......appointed after the coming into effect or force of the same. With the above observations, the petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 187. ......l Hossain CJ Surendra Kumar Sinha J Md. Abdul WahhabMiahJ Hasan Foez Siddique J Bakhrabad Gas System Limited..............................Petitioner Vs. Al Masud-ar-Noor and others.................................Respondents Judgment September 26, 2013. R..Category: Employment/Service Law | Date: 26 Sep, 2013 | Hits: 12
....ntage or number necessary for reaching towards the 'critical mass'. Consequently the Government pursuant to its obligation under the Constitution and international instruments caused the 'National Development Women's Policy, 2008', which identifies the target of reaching at least...... 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......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.
......Court
High Court Division
(Special Original Jurisdiction)
Present:
M Moazzam Husain J
Quazi Reza-ul Hoque J
M Enayetur Rahim J
Maulana Syed Rezaul Haque Chadpuri and others .................Petitioners
Vs.
Bangladesh Jamaat-e-Islami and others…&..
Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 10
.... ever since.
12. After the election was held, Mr. Razzaque submits, the Commission sat on a meeting on the issue, found constitutions of at least thirteen political parties, including Bangladesh Nationalist Party (BNP), Workers Party, Jatio Samajtantric Dal (JSD) National Awami Party (NAP), Jat...... 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 )
......Court
High Court Division
(Special Original Jurisdiction)
Present:
M Moazzam Husain J
Quazi Reza-ul Hoque J
M Enayetur Rahim J
Maulana Syed Rezaul Haque Chadpuri and others .......Petitioners
Vs.
Bangladesh Jamaat-e-Islami and others……&he..
Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 11
Md. Lokman Hakim and Others Vs. National Board of Revenue and others, 2013, 42 CLC (HCD)
.... AFM Abdur 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,......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......n 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, represented by it....... National Board of Revenue, Rajashasha Bhaban, 1,Segunbagicha, Police Station- Ramna, District-Dhaka, represented by its Chairman. 2. The Commissioner of Customs, Customs House, Chittagong, P.S. Bander, Chittagong. 3. The Commissioner of Tax, Taxes Zone-1, Chittagong. 4. The Assistant Comm..Category: Fiscal/Taxation Law | Date: 25 Jul, 2013 | Hits: 121
Younusuzzaman (Badal) Vs. State and another, 2013, 42 CLC (HCD)
.... 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: ......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...... 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: ...... (Criminal Appellate Jurisdiction) Present: Borhanuddin J KM Kamrul Kader J Younusuzzaman (Badal).........................Petitioner Vs. The State and another………………..............Opposite parties Judgment July 25, 2013. ..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)
....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. ......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......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. ......s also Reported in: 65 DLR (HCD) (2013) 584. ..Category: Company Law | Date: 24 Jul, 2013 | Hits: 10
....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
..........................Respondents
Judgment
July 8, 2013
Result:
The Rule is made absolute
Rule 6, the Regularisation and Seniority Fixation of Posts from Development Project to Revenue Budget, 2005 Rules clearly entitled an employee transferred from the development project to ......in: 67 DLR (HCD) (2015) 157
..
Category: Administrative Law, Employment/Service Law | Date: 8 Jul, 2013 | Hits: 3
Moulana Development Co. Limited Vs. National Board of Revenue and others, 2013, 42 CLC (HCD)
....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 Building, Segunbagicha, Dhaka, represented by its Chairman. 2. Com......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......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 of Taxes......s to show cause as to why the impugned letters being নথি নং ৩০৫-২০০-৪৯৩৯/২০১২-১৩/২০০৮ তারিখ ০৪.৭.২০১২ইং (Annexure-C) and letter being নথি নং- টাস্কফোর্স/ উৎস কর কর্তন/..Category: Fiscal/Taxation Law | Date: 12 Jun, 2013 | Hits: 86
Golam Rasul Belal Vs. Habibullah Shakir and another, 2013, 42 CLC (AD)
....rtered Bank in favour of the complainant for settling the business transaction; that the said cheque was presented for encashment in AC No. 37000577 with the Standard Chartered Bank through National Bank, Kawran Bazar on 19-7-2004 and the same was returned back to the drawer on the said da......t, 1881, now pending in the Court of Metropolitan Magistrate, Dhaka shall proceed in accordance with law. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 58. ......t, 1881, now pending in the Court of Metropolitan Magistrate, Dhaka shall proceed in accordance with law. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 58. ......l Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J AHM Shamsuddin Chowdhury J Golam Rasul Belal..................................Appellant Vs. Habibullah Shakir and another.............Respondents Judgment June 11, 2013. Result: The appeal i..Category: Criminal Law | Date: 11 Jun, 2013 | Hits: 10
....cordingly disposed
of.
The matter is remanded to the High court
Division for a fresh hearing.
Ed.
This Case is also Reported in: 65 DLR (AD) (2013)
300; 18 MLR (AD) (2013)153. ......the effect that the Letter dated 12-6-1999 issued
by the defendant No.1 is illegal, improper, unjust and out of jurisdiction and
the recommendation Letter dated 26-7-2000 regarding dismissal by the Board is
illegal and out of jurisdiction. Hence the plaintiff filed the suit for
declaration in th......cordingly disposed
of.
The matter is remanded to the High court
Division for a fresh hearing.
Ed.
This Case is also Reported in: 65 DLR (AD) (2013)
300; 18 MLR (AD) (2013)153. ......Hossain J
Siddiqur
Rahman Miah J
AHM Shamsuddin
Chowdhury J
Head Mistress, Hazrat Shah Ali Girls' High School, Mirpur,
Dhaka .............Petitioner
Vs.
Mohammad
Ibrahim and others..........Respondents
Judgment
May 6, 2013.
Result:
The leave petition..
Category: Procedural Law | Date: 6 May, 2013 | Hits: 15
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