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National Board of Revenue Vs. Abu Saeed Khan and others, 2012, 41 CLC (AD)
....victims. The appeals are, therefore, allowed without any order as to costs with the above observations. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 116. ......alue was refixed at Taka 195.97 and supplementary duty was fixed at Taka 383.59 and VAT Taka 221.93 in total Taka 605.5 crores. The learned counsel appearing for the mobile phone operators did not dispute the data furnished by the learned Attorney-General. From these figures, it is clear that "..Category: Fiscal/Taxation Law | Date: 1 Aug, 2012 | Hits: 27
MA Gafur Vs. Registrar of Joint Stock Companies and Firms & ors, 2012, 41 CLC (HCD)
.... where there are irregularities in the way the company is run, and also in many cases where directors are in breach of their duties, the majority shareholder in general meetings may, by ordinary resolution, ratify what has been done. In those circumstances the court will not allow a minority sh......oth sides. This matter shall stand disposed of upon receiving and accepting the affidavit of compliance as mentioned above. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 72. ..Category: Company Law | Date: 31 Jul, 2012 | Hits: 16
Energy Prima Ltd Vs. People's Republic of Bangladesh and others, 2012, 41 CLC (HCD)
....anted earlier by this Court is hereby vacated accordingly. There is no order as to costs. Communicate this judgment at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 67 ......plants. Clause 19.2 of the terms of both the contracts reads as follows:— "19.2 Resolution of Dispute (a) BPDB and the Company shall use their best efforts to settle amicably all dispute arising out of or in connection with this contract or its interpretation (b) If the Parties ..Category: Business or Commercial Law, Constitutional Law | Date: 29 Jul, 2012 | Hits: 6
AKM Shafiuddin Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....e prayed for bail. Two learned Judges of the Lucknow Bench of the High Court ordered that Keshov Singh be released on bail pending the decision on the writ petition. The Legislative Assembly passes a resolution requiring the production in custody before it of Keshov Singh, the advocate who had appea......its of law. Any attempt by the legislature to usurp the judicial function is Ultra-vires. 38. In view of the constitutional provisions, Rules of Procedure of Parliament, factual background of the dispute, above quoted expressions of the Hon'ble Speaker, interpretations of the apex courts and dis..Category: Constitutional Law | Date: 24 Jul, 2012 | Hits: 236
A.N. Istiaq Ahmed Vs. Abdus Salam Khan and others, 2012, 41 CLC (AD)
....ration, some 15 members of the Executive Committee, including the General Secretary, submitted their resignations, the President convened a meeting of the Executive Committee dated 15.11.2008 where a resolution was adopted to hold the election under challenge, which was eventually materialised throu...... the High Court Division stands modified accordingly. (d) The office is directed to communicate a copy of this judgment to each of the abovenamed persons. Ed. This Case is also Reported in: ..Category: Civil Law | Date: 19 Jul, 2012 | Hits: 147
Government of Bangladesh and others Vs. Mir Md. Imam Hossain, 2012, 41 CLC (AD)
....nt of this Division we find no merit in this appeal. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 33. ......h Court Division is justified in invoking its writ jurisdiction to interfere with the order of Revenue/Settlement Officer who had directed to change the record of rights prepared in respect of the disputed property in question and declared the same as abandoned property. 2. The writ petiti..Category: Property Law | Date: 17 Jul, 2012 | Hits: 8
Md. Golzar Hossain, Advocate Vs. Janata Bank, Ullapara Branch, Sirajgonj, 2012, 41 CLC (AD)
....ight of the observations and the findings given hereinbefore. With the above findings and observations, this petition for leave to appeal is disposed of. Ed. This Case is also Reported in: ......vely have been made applicable in respect of an appeal and a revision, if filed under the Ain, 2003 subject to the provisions of the said Ain. Here we are concerned with the revision, as there was no dispute about the miscellaneous appeal filed before the District Judge being Artha Rin Miscellaneous..Category: Civil Law | Date: 8 Jul, 2012 | Hits: 143
City Bank Ltd Vs. Labour Appellate Tri¬bunal and others, 2012, 41 CLC (HCD)
....xpected to take care of the unnecessary delay, if any, attempted by the petitioner in disposal of the appeal pending before him. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 471 ......on of party in a proceeding particularly which is of civil nature is that the court concerned has to consider whether the presence of the applicant is necessary for the purpose of adjudication of the dispute in question completely and effectually and in doing so we find that question before the resp..Category: Constitutional Law, Labour and Industrial Law | Date: 7 Jul, 2012 | Hits: 2
Ancient Traders Limited and others Vs. Chittagong Port Atuthority, 2012, 41 CLC (HCD)
....ustries, a member of respondent No.5, the Additional Commissioner of Customs House (Chittagong), the Chairman of Bangladesh Shipping Agents Association and 19 others. In the said meeting following resolutions had been adopted: (i) Berth/Ship-handling operation should be introduc......and hence, have legal effect. In the result, the Rule is discharged. There will be no order as to costs. Abdur Rob J. - I agree. Ed. This Case is also Reported in: ..Category: Others | Date: 21 Jun, 2012 | Hits: 20
Secretary, Bangladesh Bar Council Vs. AFM Faiz and others, 2012, 41 CLC (AD)
....ions had been printed by the Bar Council as the voter list. This process has been continuing for a long time. No one raised any objection. At a special meeting held on 29-4-2012, the Bar Council took resolution to omit the names of the voters whose names appeared in the voter list twice. The Bar Cou......ended till 30th July,2012 or till publication of the election result in the official Gazette, whichever is earlier. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 70. ..Category: Others | Date: 18 Jun, 2012 | Hits: 7
Abul Kashem Vs. Major General Mahmudul Hasan (Rtd.) and others, 2012, 41 CLC (AD)
.... Civil Procedure. In the light of the above, no interference is called for. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 160. ......ction Commission to declare the candidate who secured the second highest votes as the returned candidate in that constituency in place of the petitioner whereas the question does not relate to voting dispute. The petitioner being duly elected representing the vast majority of people of that con..Category: Election Law | Date: 5 Jun, 2012 | Hits: 217
Grameen Telecom Vs. Commissioner of Taxes, 2012, 41 CLC (HCD)
....istrar, Supreme Court of Bangladesh is directed to take step under section 161(2) of the Income Tax Ordinance, 1984. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 241 ......a 3 crore and treating said amount as income from other sources under section 19(1) of the Ordinance. 23. This question basically depends on the determination of facts. 24. There is no dispute that the assessee-applicant claimed to have obtained loan of Taka 14 crore from Grameen Kaly..Category: Fiscal/Taxation Law | Date: 3 Jun, 2012 | Hits: 4
Bangla Phone Limited Vs. Huawei Tech Investment Ltd. and another, 2012, 41 CLC (HCD)
....the service rendered by the respondent company to the petitioner may be finally adjudicated by the SIAC Arbitration. However, there shall be no order as to costs. This Case is also Reported in: ......d not receive any legal notice and the petitioner failed to attach a copy of the registered A/D slip with the arbitration application. Also serving a legal notice is not appropriate for resolving any dispute. The proper forum is through Arbitration in SIAC. The respondent No.2 repeatedly informed th..Category: Arbitration Law | Date: 3 Jun, 2012 | Hits: 61
Category: Fiscal/Taxation Law | Date: 30 May, 2012 | Hits: 3
Kazi Md. Habib Ullah Vs.Bangladesh and others, 2012, 41 CLC (HCD)
....exure-O) Ultimately out of 3 (three) candidates though petitioner was found qualified but on the plea that panel of 3 (three) candidates having not been able to prepare by the Advisory Committee vide resolution dated 9-12-2009 (Annexure-Q) it had decided to go for second invitation. He further submi...... with law. 19. The order of stay granted earlier by this Court is hereby vacated. There will be no order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 372. ..Category: Family Law | Date: 30 May, 2012 | Hits: 7
Aqua Culture Farms Limited Vs. Registrar of Joint Stock Companies and Firms, 2012, 41 CLC (HCD)
....ciation of the company AQUA CULTURE FARMS LIMITED, on the ground stated therein. 2. The learned Advocate Mr. A.K.M. Fazlul Hoque, appearing on behalf of the petitioner, submits that by way of resolution dated 29.12.2011 the company AQUA CULTURE FARMS LIMITED in an extra-ordinary general mee......he office is directed to inform the learned Advocate of the petitioner accordingly. Ed. This Case is also Reported in: ..Category: Company Law | Date: 28 May, 2012 | Hits: 32
Topon Kumar Roy Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....been serving in the said College with utmost sincerity and honesty. He further submits that Sheikh Md. Abul Basher was appointed as Lecturer in the department of Social Science in Degree level as per resolution of the Governing Body being No.20 dated 3-8-2000. Therefore, this petitioner is not beyon......er and/or a colourable exercise of power on the part of respondent No.3 and the respondent, accordingly, has begged unconditional apology for such unintentional mistake. 15. The crux of the dispute is, therefore, whether the writ petitioner was appointed as 2nd teacher in the post of Lectu..Category: Administrative Law, Constitutional Law | Date: 24 May, 2012 | Hits: 8
Seven Circle Bangladesh Ltd Vs. Labour Appel¬late Tribunal, 2012, 41 CLC (HCD)
....reby declared to have been passed without lawful authority and is of no legal effect. There shall be no order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 122. ......ty of the appeal to the Labour Appellate Tribunal has been challenged, we will address this point before going into the merits of the Rule. The Labour Act, 2006 came into force on 11-10-2006 when the dispute between the parties was pending before the Labour Court. Section 353(b) of the Bangladesh La..Category: Labour and Industrial Law | Date: 15 May, 2012 | Hits: 23
Category: Arbitration Law | Date: 10 May, 2012 | Hits: 16
Abdun Noor and others Vs. Aziruddin and others, 2012, 41 CLC (AD)
....he appeal is allowed in part and the suit is decreed in respect of 1.11 acres of land in SS plot No. 3433 out of the suit land. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 127. ......ith, it is necessary to see on the submissions on which leave was granted. The submissions on which leave was granted are quoted below:— "Defendant Nos.1 to 4-respondents did not dispute ownership of Ranjit Kar and his brothers in schedule 1 land, what was in dispute was th..Category: Property Law | Date: 8 May, 2012 | Hits: 112