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AA Engineering Limited Vs. University of Khulna, 2013, 42 CLC (AD)
.... included the following and all other related costs. a) All taxes levied upon materials and plant imported or purchased by the Contractor or his sub-contractor from foreign country or local market for the purpose of the Contract. b) Customs, Excise duties and Defence surcharge a......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
State Vs. Mostafizur Rahman and another, 2013, 42 CLC (AD)
....li (P.W. 3). She narrated her story to P.W. 5, P.W. 3 and Maksuda Begum P.W. 4, the wife of Chand Ali. The matter was disclosed to Abu Reza Ashraful Masud (Babu Mollik), the Publisher and Editor of a local Newspaper, namely Dainik Sahaj Katha. The report of the victim's torture was publishe...... same way as a witness who was injured in the course of the occurrence. Referring to Modi's Medical Jurisprudence, the learned Judges implicitly required evidence of marks of violence on the body of the victim, which having been absent, they found the allegation of rape to be not subst..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)
....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 ......the Penal Code. The Government officials may wait till such a direction is given by the High Court Division and such a practice will render the Administrative Tribunal an ineffective and useless body. 22. We are of the view that the Administrative Tribunal Act, 1980 ought to be interp..Category: Administrative Law, Constitutional Law | Date: 17 Sep, 2013 | Hits: 3
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. ......he appeal is dismissed and the impugned judgment and order passed by the learned Special Judge, Court No. 9, Dhaka in the Special Case No. 26 of 2008 is upheld subject to the modification made in the body of this judgment. 85. As the convict-appellant is on bail, he is directed to surrende..Category: Criminal Law, Procedural Law | Date: 1 Aug, 2013 | Hits: 5
....ublic to implement, both under international instruments and the national Constitution to relevant electoral laws to cause, inter alia, political participation of women in all spheres of national and local governments as elected representatives. Participation of a handful of women is not sufficient;......ause (b)(i), (b)(ii), b(iii) and b(iv) of clause (1) of Article 90B as well as complying with the provisions under Article 90C along with a resolution of the highest policy making body of the party, by whatever name it may be called to the effect that the party shall submit ratif..
Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 10
....olvement in offence, if any, of the candidate seeking election. Supreme Court allowed standing to an organization working in the field. In Bangalore Medical Trust Vs. Muddappa, (1991) 4 SCC 54, local residents approached the High Court challenging allotment of a land earmarked in the developme......ect of impairing the independence of judiciary they would certainly be interested in challenging the constitutionality or legality of such action. They had clearly a concern deeper than that of a busybody and they cannot be told off at the gate.”
27. At the same time his Lordship expresse..
Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 11
Zahir Fakir (Md.) and oth¬ers Vs. Hahma Khatun and others, 2013, 42 CLC (HCD)
....n the defendants claimed to have purchased the suit property from the plaintiffs in 1996. At the instance of the plaintiffs there was conciliation meeting (salish) with the participation of local dignitaries. In the said "salish" it was decided that the defendants would return th......urts records along with a copy of this judgment to the concern Court forthwith for information and necessary action. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 240 ..Category: Property Law | Date: 25 Jul, 2013 | Hits: 6
Chow Wen Chang and others Vs. SF Winsome Fashion Ltd. and others, 2013, 42 CLC (HCD)
....ng, preparing, processing of all kinds of garments materials. Subsequently, machineries, land measuring 45 decimal and 57.75 decimal with 20,000 sq.ft. semi-paka and steel shed building were procured locally vide registered Sale Deed No.7.851 dated 17-5-2010 and Sale Deed No.7852 dated 17-5-2010 res......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
Zahirul Islam @ Dipu (Md.) Vs. State, 2013, 42 CLC (AD)
....tnesses that a large number of disinterested witnesses were present near the place of occurrence. Naturally it should be so because the occurrence had taken place in the middle of a street, a crowded locality. P. W. 1 in his cross-examination has said-“ঘটনাস্থলের রাস......ed witness Jalil Miah went to his house and informed him that the victim Mukti had been killed by gun fire. Informant and his younger son P. W. 2 Manik rushed to the place of occurrence and found the body of his son Mukti lying on a road near the house of Abdus Sattar. Appellants Dipu, Kuddus, Newto..Category: Criminal Law, Evidence Law | Date: 20 Jun, 2013 | Hits: 3
Wadud Mollah (Md.) Vs. Md. Nayem and Another, 2013, 42 CLC (AD)
....s VII, has been abducted and subjected to sexual assault by the accused on her way to school at about 9-45 am on the following day of occurrence and subsequently the petitioner lodged an FIR with the local police station narrating the said facts. The victim was medically examined on 9 April, 2012 an......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)
.... (2) A notice may be addressed— (a) in the case of a firm or a Hindu undivided family, to any member of the firm, or the manager or any adult male member of the family; (b) in the case of a local authority or a company, to the principal officer thereof; (c) in the case of other body or ......nt the uncalled for tracing of out of one Mr. Nazmul Islam in place of Nazrul Islam. 2) Whether on the facts and in the circumstances of the case, the learned Tribunal as the highest facts finding body to unnecessarily trace out some Mr. Nazmul Islam as a clue for dismissal of the case without in..Category: Fiscal/Taxation Law | Date: 5 Jun, 2013 | Hits: 86
A.B.M. Liton Vs. Bangladesh & Others, 2013, 42 CLC (HCD)
....the refusal of bail are set-aside in so far as the petitioner is concerned. Communicate this order. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 207 ......;….Respondents Judgment June 3, 2013 Result: The Rule is made absolute. Refusal of Bail not Sustained-- Since the Adalat as well as the Bank proceeded against the body of all the defendants including the petitioner before proceeding against their properties, and ..Category: Banking Law | Date: 3 Jun, 2013 | Hits: 5
....made on proper appreciation of law and facts do not call for interference.
Accordingly, the leave petition is dismissed.
Ed.
This Case is also Reported in: 19 BLC (AD) (2013) 1.
......made on proper appreciation of law and facts do not call for interference.
Accordingly, the leave petition is dismissed.
Ed.
This Case is also Reported in: 19 BLC (AD) (2013) 1.
..
Category: Election Law | Date: 7 May, 2013 | Hits: 6
Hasan Chowdhury (Md.) Vs. Bangladesh Bank and others, 2013, 42 CLC (HCD)
....ferent wings of respondent No. 1 Bangladesh Bank in both the petitions. 4. In a nutshell in both the cases complications have arisen due to non-payment of documentary bill under a local letter of credit opened on two different dates (In writ petition No. 16520 of 2012 on 29-2-201......ing are mine) 12. On a combined reading of the above provisions we want to reiterate that under Bank companies Act, 1991 Bangladesh Bank holds a sublime position as a strong regulatory body and can interfere with the functioning and business of banking Companies in a given situat..Category: Banking Law | Date: 2 May, 2013 | Hits: 3
Sheikh Shahadat Hossain (Md.) Vs. National Board of Revenue, and others, 2013, 42 CLC (HCD)
....vision in view of sub-section (3) of Section 196G of the said Act. Send down the record of the lower authority. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 522 ......ggrieved by this order, the appellant preferred an Appeal before the Tribunal under section 196A of the said Act. However, the Tribunal dismissed the same for default vide order dated 23-1-2007 as no body was found present on behalf of the appellant when the said Appeal was taken up, or called up, b..Category: Fiscal/Taxation Law | Date: 25 Apr, 2013 | Hits: 2
JIT Knit Composite Ltd Vs. Government of Bangladesh and others, 2013, 42 CLC (HCD)
....in stayed. With this observation and direction the Rule is made absolute. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 480. ......gladesh Bank with a strong regulatory power over the functioning and business of banking companies. Under Bank companies Act, 1991 Bangladesh Bank holds a sublime position as a strong regulatory body and can interfere with the functioning and business of banking Companies in a given situation. ..Category: Banking Law, Company Law | Date: 25 Apr, 2013 | Hits: 11
Bangladesh Inland Water Transport Au¬thority (BIWTA) Vs. Bangladesh & others, 2013, 42 CLC (HCD)
....ind that the instant writ petition is not maintainable. Accordingly, this Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 535 ......ind that the instant writ petition is not maintainable. Accordingly, this Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 535 ..Category: Constitutional Law | Date: 15 Apr, 2013 | Hits: 3
Maku Rabi Das Vs. State, 2013, 42 CLC (AD)
....not disputed. It is also evident that incriminating article like dao mat. ext.I was also recovered near the place of occurrence at the instance of the accused-appellant who was apprehended by the local people with blood stained cloth on the same night from nearest market shown in the sketch ...... tried. 8. During the course of trial prosecution has examined as many as 10 witnesses including eyewitness P.W.2 Shona Moni and P.W.9. Dr. ATM Rakib Chowdhury who held autopsy on the body of the deceased and found that cause of death was due to shock and haemorrhage resulting from ..Category: Criminal Law | Date: 3 Apr, 2013 | Hits: 16
Dhaka City Corporation Vs. Firoza Begum & others, 2013, 42 CLC (AD)
....f UBSDP by the letter dated 23-3-1998 informed that salaries of the care-takers of the second project would be paid as per national pay scale of 1997 with effect from 1-7-1997. The third project i.e. local partnership for Urban Poverty Alleviation Project (Revised) commenced on 1-9-1998 to be comple......arium. Upon completion of the project they will continue as permanent employees and paid under the Pourashava budget. Community health workers will be working on honorarium." Even in the highest body of the Government, 'ECNEC', a positive decision was taken to absorb respondent Nos. 1 t..Category: Constitutional Law, Employment/Service Law | Date: 6 Mar, 2013 | Hits: 17
Md. Mostafa Vs. Nrayangonj District Council and others, 2013, 42 CLC (AD)
....asoned judgment of the appellate Court. He further submits that the High Court Division did not consider the fact that L.A. Case No. of 1935-36 acquired only .08 acres of land which was confirmed by local investigation report. As such the High Court Division erred in not decreeing the remainder of ...... Court. We do not find any cause to interfere with the impugned judgment and order of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ..Category: Civil Law | Date: 1 Mar, 2013 | Hits: 115
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