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Yasin Rahman @ J Rahman Yasin @ Titu Vs. State, 2012, 41 CLC (AD)
....spiracy against the appellant. Abetment defined in section 107 means; a person who instigates another to do a thing or engages or instigates another to do a crime is regarded as abetment. Second clause of section 107 of the Penal Code says, a person abets the doing of a thing, who engages with ..Category: Criminal Law | Date: 1 Aug, 2012 | Hits: 36
National Board of Revenue Vs. Abu Saeed Khan and others, 2012, 41 CLC (AD)
....in the meaning of section 2 Bangla. If the programmer or manufacturer selfs the finished goods then certainly the NBR has power to determine tariff value under section 5(7) which is a non-obstante clause authorising it to declare the said 'taxable goods' as 'taxable service' under 'section 3(5) ..Category: Fiscal/Taxation Law | Date: 1 Aug, 2012 | Hits: 27
Energy Prima Ltd Vs. People's Republic of Bangladesh and others, 2012, 41 CLC (HCD)
...., 1984. So, the contracts in question were entered into prior to the law for deducting the Advance Income Tax. The petitioner having participated in the bid relying that the PDB would pay income tax, clause 5.1 of the policy having stipulated that private power companies will be exempted from t..Category: Business or Commercial Law, Constitutional Law | Date: 29 Jul, 2012 | Hits: 6
AKM Shafiuddin Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....if some of the material on which the action is taken is found to be irrelevant, the court would still not interfere so long as there is some relevant material sustaining the action; (u) An ouster clause attaching finality to a determination does ordinarily oust the power of the court to review t..Category: Constitutional Law | Date: 24 Jul, 2012 | Hits: 236
Nalu Vs. State, 2012, 41 CLC (AD)
....e sentence of the death to one of imprisonment for life. Accordingly, Jail Petition No.09 of 2010 is dismissed with the modification of sentence. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: 22 Jul, 2012 | Hits: 111
A.N. Istiaq Ahmed Vs. Abdus Salam Khan and others, 2012, 41 CLC (AD)
....ion was adopted to hold the election under challenge, which was eventually materialised through the purported election dated 23rd November, 2009 in clear violation of the constitutional mandate as in clause 19.6 to the effect that in a situation like that the National Sports Council, the parent body..Category: Civil Law | Date: 19 Jul, 2012 | Hits: 147
Ancient Traders Limited and others Vs. Chittagong Port Atuthority, 2012, 41 CLC (HCD)
....en the responsibility of preparing the tender documents for appointment of Berth Operator; that some information had been provided in the tender documents having no nexus with the berth operations (clause 8 of the minutes); furthermore, the tender documents were prepared in such a way so as to a..Category: Others | Date: 21 Jun, 2012 | Hits: 20
Aslam @ Billal & another Vs. State, 2012, 41 CLC (HCD)
....LR (AD) 192, 49 DLR (AD) 199, AIR 2001 SC 1444 and PLD 1971 SC 144, as cited herein before. 30. Having considered provision of sections 167(5) of CrPC the word "may" occurring in clause (a) and clause (b) of subsection (5) apparently makes it clear that this is only a matte..Category: Criminal Law, Evidence Law | Date: 20 Jun, 2012 | Hits: 10
Category: Property Law | Date: 20 Jun, 2012 | Hits: 94
Category: Employment/Service Law | Date: 18 Jun, 2012 | Hits: 130
Bangladesh Biman Corporation and others Vs. Riaz Uddin Ahmed and others, 2012, 41 CLC (AD)
.... dismissal order the writ petitioner filed the above mentioned application to the Managing Director of Biman-who was the appellate authority within the statutory period of limitation as prescribed by clause (4) of regulation 59 of the Regulations 1979 praying for rescinding his dismissal order. Ther..Category: Administrative Law | Date: 5 Jun, 2012 | Hits: 388
Abul Kashem Vs. Major General Mahmudul Hasan (Rtd.) and others, 2012, 41 CLC (AD)
....ared elected." 36. The above article provides that the High Court Division shall declare the election of the returned candidate to be void under Article 64 if any the conditions detailed in clauses (a) to (e) are proved on evidence before the High Court Division. In addition, the High Cour..Category: Election Law | Date: 5 Jun, 2012 | Hits: 217
Mehedi Hasan @ Modern (Md.) and others Vs. State, 2012, 41 CLC (AD)
....not the deliberate act of the appellants. 28. Learned Judges were of the view that their act was ‘imminently dangerous'. This expression 'imminently dangerous' has been used in clause '4thly' of section 300 which read; "4thly-if the person committing the act knows..Category: Criminal Law, Women and Children | Date: 3 Jun, 2012 | Hits: 30
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: ..Category: Arbitration Law | Date: 3 Jun, 2012 | Hits: 61
Government of Bangladesh and others Vs. Nurul Amin and anothers, 2012, 41 CLC (AD)
....titution and other laws of Bangladesh but these shall not be judicially enforceable as contemplated in Article 8 of the Constitution. The right to move the High Court Division in accordance with clause (1) of Article 102 for enforcement of the rights conferred by Part III is guaranteed as ..Category: Constitutional Law | Date: 29 May, 2012 | Hits: 5
Aqua Culture Farms Limited Vs. Registrar of Joint Stock Companies and Firms, 2012, 41 CLC (HCD)
....e, 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 meeting decided to amend its object clause to include a new clause, being sub-clause No.1 (a)-1(e) and 39(a) in the Memorandum of Assoc..Category: Company Law | Date: 28 May, 2012 | Hits: 32
H.B. Plastic Industry Vs. Hyundai High Tech Co. Ltd. and others, 2012, 41 CLC (HCD)
.... who upon admitting the fault committed by them assured the petitioner that they will address the matter and shall not encase the L/C amount. However, the petitioner intends to invoke the arbitration clause for which the petitioner sent notice to the Korean Arbitration Board but nothing happened the..Category: Alternative Dispute Resolution | Date: 28 May, 2012 | Hits: 56
Ruhul Amin and others Vs. Bangabandhu Sheikh Mujib Medical University, 2012, 41 CLC (HCD)
....t this Act is not enforced in this Emergency Requisition property Act now it is kept from 1982 Requisition and Acquisition property Ordinance 1982 where in under section 48 there is rightly signature clause 48 clause/ section 48 is as follows : — "The Land Acquisition Act, 1894 (I of..Category: Civil Law, Property Law | Date: 27 May, 2012 | Hits: 12
Topon Kumar Roy Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....ditional and /or 2nd teacher of Sociology falling beyond the staffing pattern prescribed under the Janobal Kathamo Nirdashika, 2010 and, as such, his application for MPO has been rejected as per clause 11(ঝ) of the Janobal Kathamo Nirdeshika. 11. Mr. MA Wahab, the learned Advocate appear..Category: Administrative Law, Constitutional Law | Date: 24 May, 2012 | Hits: 8
Seven Circle Bangladesh Ltd Vs. Labour Appel¬late Tribunal, 2012, 41 CLC (HCD)
....ame into force during the pendency of the complaint case before the Labour Court the judgment passed by the said Court could not be appealed against to the Labour Appellate Tribunal due to the saving clause in section 353 of the new act. Accordingly he submits that the appeal against the judgment of..Category: Labour and Industrial Law | Date: 15 May, 2012 | Hits: 23