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....ather kept the matter concealed from the petitioner. Besides, to determine the market price of the property at that time no information was obtained from the local sub-registration office before holding the auction.
The bank in selling the properties of the borrower placed to the bank as s......r after receiving quotation about auction of the property and asked him to liquidate his outstanding dues thereby giving the petitioners a reasonable time to avoid plea of arbitrariness and controversies regarding auction process.
12. On the other hand Mr. Hefzul Bari with Mrs. Khalifa Sha..
Category: Others, Procedural Law | Date: 8 Oct, 2013 | Hits: 8
AA Engineering Limited Vs. University of Khulna, 2013, 42 CLC (AD)
....x, super tax" must be read by applying the principle of ejusdam generis to mean a direct tax of the kind similar to income tax and super tax and the High Court Division committed error of law in holding otherwise. 7. Mr. Shamim Khaled, learned Advocate, appearing on behalf of respondent No......ponsible for the payment of income taxes, super taxes and other taxes, on income arising out of the contract and the rates and prices stated in the priced bill of quantities, shall be deemed to cover all such taxes and such taxes any be recovered from the contractors bills in accordance with Go..Category: Fiscal/Taxation Law | Date: 3 Oct, 2013 | Hits: 28
Satsang Bangladesh, D. Pakutia Vs. People’s Republic of Bangladesh and others, 2013, 42 CLC (HCD)
....rties opposing the Rule submits that the schedule land of the original suit is unspecified and the suit is not maintainable under the purview of law and the lower appellate Court is justified in holding that the suit itself is not tenable in the eye of law. The learned Advocates furth......ual peace. Subsequently, Sree Sree Thagore Anukul Chandra leaving the Ashrom on 1st September, 1946 AD went to Deoghor of Bihar Province in India. He never returned back to Pabna and as a result the Government of the then East Pakistan acquired the entire land of Hemayetpur Ashrom and established a ..Category: Civil Law, Procedural Law | Date: 26 Sep, 2013 | Hits: 3
Government of Bangladesh Vs. Md. Abdul Maleque Miah and 7 anothers, 2013, 42 CLC (AD)
....mitted fact that no attempt was made for implementation of the decision by applying before the Tribunal as provided under the Administrative Tribunals Act, 1981, the High Court Division erred in holding without any basis, "Therefore, we hold that neither Rule 7 of the Administrative Tribun......rt Appellate Division (Civil) Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J AHM Shamsuddin Choudhury J Government of Bangladesh...... Appellant (In all the appeals) Vs. Md. Abdul Maleque Miah an..Category: Administrative Law, Constitutional Law | Date: 17 Sep, 2013 | Hits: 3
....itation as well as using religion as a political tool and in the process misguiding the people and purporting to subvert the Constitution of the Republic. The petitioners are deeply concerned about upholding public interest and security of the people and the Republic, which has been exposed to sever...... people and the Republic, which has been exposed to severe danger by BJI's activities based on its express objectives as laid down in its party constitution, which in fact purports to subvert and overthrow the Constitution of the Republic.
189. BJI on the contrary, not only opposed the birt..
Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 10
.... a constitutional body, propelled by mixed thrust of law and policy, having been confronted with difficulty to reconcile strict compliance of newly made registration law and the mounting pressure for holding the election with participation of all the political parties and alliances allowed registrat......s "the Commission"), in order to hold a free, fair and credible general election exchanged views with the political parties and stakeholders and recommended to the then Non-Party Caretaker Government a set of reforms and amendments in the electoral laws, i.e., the Representation of the Peo..
Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 11
Syed Raihan Hasan Ali Chowdhury Vs. Syed Hamde Ali Chow¬dhury and others, 2013, 42 CLC (HCD)
.... আবশ্যক। অন্যথায় বিবাদী পক্ষ ন্যায় বিচার হইতে বঞ্চিত হইবে। 5. Learned Judge rejected the plaint holding that the suit is barred by principle of law as Section 50 of the Waqf Ordinance is a bar for......ng the plaint case and making out a case of real or actual fact. Early means, at or near the beginning of a period……… (17) Cases Referred to- Khandkar Abul Hussain Vs. Government of the People's Republic of Bangladesh, 54 DLR 467; Fuidlay & Sons Ltd., Vs. Nurse..Category: Trust/Waqf Law | Date: 29 Jul, 2013 | Hits: 5
Robi Axiata Ltd Vs. First Labour Court Dhaka and others, 2013, 42 CLC (HCD)
....ce between the definition clauses and the meaning of the term '"worker" as found in the provisions dealing with grievance procedure was addressed in the Railway Men's Stores Case by holding that it was the intention of the legislature, for this instance only, to use the word &......ourt appreciates that the scheme of the Act, as is so essential for a proper understanding of these competing perspectives on jurisdiction, owes much to a series of enactments that collectively governed the legal regime on labour employment and industrial relations up until the enactment o..Category: Labour and Industrial Law | Date: 28 Jul, 2013 | Hits: 7
.... that reason recommendation was made to grant lease in it’s favour.
6. After hearing all the necessary parties the High Court Division by the impugned judgment and order made the Rule absolute holding that the lease agreement executed in favour of the writ respondent No.6 stands rescinded ab-......ed to get lease of a fishery where a pre-condition is that the applicant must be member of a society of genuine fisherman. He further points out that the purpose of the Nitimala was to alleviate the poverty of real fishermen, i.e., those whose livelihood is from catching and selling fish. He points ..
Category: Civil Law | Date: 28 Jul, 2013 | Hits: 169
Chow Wen Chang and others Vs. SF Winsome Fashion Ltd. and others, 2013, 42 CLC (HCD)
....davit 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 petitioner No.2 is also a shareholder-Director ......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.1company, came to find that the respond..Category: Company Law | Date: 24 Jul, 2013 | Hits: 10
Zahirul Islam @ Dipu (Md.) Vs. State, 2013, 42 CLC (AD)
....2000. 4. P W.17 Md. Zillur Rahman, ASI of Police, of Ramna Police Station prepared inquest report of the dead body of victim at Dhaka Medical College Hospital and sent the same to the morgue for holding post mortem examination through constable Delowar Hossain, P.W.14. P.W.13 Dr. Mizanur R...... 2 that these appellants corning out from the house of Sattar threatened P. W. 2 and fled away has become shaky. No doubt the offence is a shocking one but the gravity of the offence cannot by itself overweigh as far as legal proof is concerned. Suspicion however, so strong cannot be allowed to..Category: Criminal Law, Evidence Law | Date: 20 Jun, 2013 | Hits: 3
Moulana Development Co. Limited Vs. National Board of Revenue and others, 2013, 42 CLC (HCD)
....engaged in Real Estate business and as such it drives income from the business of land development and from construction of apartments. The assessee-writ-petitioner company is an income tax assessee, holding of TIN. No. 305-200-4939, under the Companies Circle-1, Taxes Zone-1, Chittagong. The assess...... the materials on record. 6. It has been further asserted that the petitioner being liable to deduct the Advance Income Tax from the supplier’s bill and to deposit the same to the credit of the Government, the same is required to be examined pursuant to the provision of section 117A of the Inco..Category: Fiscal/Taxation Law | Date: 12 Jun, 2013 | Hits: 86
Grameen Telecom Vs. Commissioner of Taxes, 2013, 42 CLC (HCD)
.... It has been stated in the instant Income Tax Reference Application that the Assessee-applicant is a company and a regular income tax assessee under the Companies Circle-07, Taxes Zone-03, Dhaka, and holding TIN. No. 070-200-5842/Coy-07, Dhaka. The Assessee-applicant company filed its income tax ret......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: ..Category: Fiscal/Taxation Law | Date: 5 Jun, 2013 | Hits: 86
Nazrul Islam (Md.) & others Vs. Mahfuzur Rahman and others, 2013, 42 CLC (HCD)
....were allotted in the saham of Fazlar Rahman and the plaintiff Nos.1/3-4 but no share of land was allotted in favour of Ator Ali, the predecessor of the defendants thus he became land less in the suit holding and under the said prevailing circumstances he had requested his elder brother Fazlar Rahman...... important for the plaintiffs to disclose as to from when the defendants were inducted into possession in to the suit land Amendment of Pleadings is Justified on arising of Question of Controversy between Parties- Amendment of the pleadings is always justified if the same is foun..Category: Property Law | Date: 21 May, 2013 | Hits: 6
Moon Construction Company Limited Vs. Government of Bangladesh & others, 2013, 42 CLC (HCD)
....e writ petition that the respondent No. 2 is kept silent to approve the file of the petitioner in respect of the running bill and retention money since October, 2011. 10. The issue as to whether holding an administrative file by the administrative authority is an abuse of power and/or misuse of......rt Division (Civil) Present: Reza-ul-Hoque J A.B.M. Altaf Hossain J Moon Construction Company Limited……………….Petitioner Vs. Government of Bangladesh & others……………….Respondents ..Category: Constitutional Law | Date: 16 May, 2013 | Hits: 4
.... the appeal, in brief, are that the proforma-respondent M/S Dysin Chemical Ltd. imported some finishing agent for textile industries from Taiwan. The appellant, a pre-shipment inspection agent, after holding inspection issued clean report of findings (CRF) certificate being No. BDH 2002 12796 IC dat......d notice dated 12.01.2003 asking the appellant to show cause as to why action should not be taken against it for certifying wrong H. S. Code against the imported goods causing loss of revenue to the Government. The appellant by letter dated 26.01.2003 replied the notice asserting that the CRF certif..
Category: Fiscal/Taxation Law | Date: 24 Apr, 2013 | Hits: 186
Md. Mostafa Vs. Nrayangonj District Council and others, 2013, 42 CLC (AD)
....smissed. 4. The trial Court upon consideration of the evidence on record dismissed the suit by the judgment and decree dated 10.03.2003 holding the suit to be barred by res judicata. Being aggrieved by the judgments and decree of the......e that the petitioner-plaintiff instituted Title Suit No.102 of 1999 before the Court of Joint District Judge, First Court, Narayangonj seeking declaration of title, confirmation of possession and recovery of khas possession in the suit land measuring an area of 21 decimals as shown in the ‘Ka’ ..Category: Civil Law | Date: 1 Mar, 2013 | Hits: 115
Amir Hossain Sowdagar Vs. Md. Harunur Rashid and others, 2013, 42 CLC (AD)
....was stipulated in the agreement amongst others that within 6 (six) months from the date of its execution, the defendant shall handover the up-to-date rent receipts, holding receipts, the electricity bills and other bills for water, gas etc. and also the vacant poss......ndant did not dispute the execution of the agreement and the payment of advance money out of the total consideration amount. In view of the conflicting claims, the determination of the points in controversy depend upon the construction of the agreement, Exhibit-1, executed by the parties. ..Category: Contract Law | Date: 20 Feb, 2013 | Hits: 42
Shamir Chandra Sajwal and others Vs. Government of Bangladesh, 2013, 42 CLC (HCD)
....cluding the oral and documentary evidence and circumstantial evidence. The learned Assistant-Attorney-General further submits that the Court of Appeal below committed no illegality or irregularity in holding that the land in dispute was under water of the river Arial Kha more than 40 years and under......urt High Court Division (Civil Revisional Jurisdiction) Present: Soumendra Sarker J Shamir Chandra Sajwal and others.........Plaintiff-Respondent-Petitioners Vs. Government of Bangladesh..................Defendant-Appellant Opposite party Judgment ..Category: Procedural Law | Date: 13 Feb, 2013 | Hits: 8
Abdullah-al-Noman Vs. State and another, 2013, 42 CLC (HCD)
....er's Secretariat on the notices which were challenged in Writ Petition Nos.246 of 1991, 2044 of 1991 and 432 of 1992 and this Court considering the above references of letters discharged the Rule holding the view that the Government had an initial satisfaction in issuing notice upon the writ-pet...... On 19-8-1998, one Abdullah-al-Zahid, an officer of the Bureau of Anti-Corruption, Dhaka lodged an ejahar with Dhanmondi Police Station against the accused-petitioner alleging, inter-alia, that the Government on receipt of the information and after making preliminary enquiries became satisfied that..Category: Anti-Corruption Laws, Criminal Law | Date: 24 Jan, 2013 | Hits: 8
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