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S.N. Kabir Vs. Fatema Begum and others, 2014, 43 CLC (AD)
....ellip;.... (28) Cases Referred to- Attorney-General Vs. HR H. Prince Earnest Gugustus of Hanover (1957) All ER 49; Amin Jute Mills Vs. Bangladesh 29 DLR (SC) 85; Anwar Hossain Chowdhury Vs. Government of Bangladesh, 41 DLR (AD) 165; Sreemoti Indira Gandhi Vs. Rajnarain, AIR 1975 (SC) 2299;......, we do not find any substance in these civil petitions for leave to appeal. Accordingly, both the petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 193. ..Category: Property Law | Date: 16 Feb, 2014 | Hits: 19
Selim Hossain (Md.) Vs. Shahabuddin Ahmed and others, 2014, 43 CLC (AD)
....eared before the Court and prayed for staying the execution of the decree on the grounds that since the Bank proceeded against the appellant Company's properties being treated as abandoned by the Government, the Directors of the appellant Company were not properly, served with notice and that ha......t-petitioner without creating any hindrance or obstacle and the executing Court shall pass necessary order in that respect. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 115. ..Category: Civil Law | Date: 3 Feb, 2014 | Hits: 6
....ved by the notification dated 26-10-2002 issued by the Secretary, Ministry of Agriculture amending Clauses 4 and 5 of the Notification No. Krirhi-5/Ma-2/98 (Part-8)/727 dated 17-11-1999 issued by the Government with regard to reorganization of BADC and office order communicated under Memo No.স্......pted for voluntary retirement pursuant to or in response of a special scheme floated by the Bangladesh Agricultural Development Corporation (BADC) would be precluded from re-instatement in their services after acceptance of their prayers for voluntary retirement and payment of retirement b..
Category: Administrative Law, Employment/Service Law | Date: 2 Feb, 2014 | Hits: 9
Shafique Ahmed Vs. Md. Abdul Latif Bhuiyan, 2014, 43 CLC (HCD)
....il nature of which the value does not exceed twenty-five thousand Taka shall be cognizable by a Court of Small Causes. Sub-section (3) of section 15 of the Act provides that subject as aforesaid, the Government may, by order in writing, direct that all suits of a civil nature of which the value does...... judgment and in accordance with law. Let the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 248. ..Category: Civil Law, Others | Date: 30 Jan, 2014 | Hits: 4
....o a certain group of people of the country by depriving a large scale of citizens of Bangladesh in respect of filing corruption cases. The new section 32Ka requires sanction/permissions from the Government before filing cases against Judge, Magistrate and Government employee. Being aggrieved wi......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
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Category: Anti-Corruption Laws | Date: 30 Jan, 2014 | Hits: 5
Md. Shafayet Hossain Rana Vs. State and Md. Syed Rejaul Karim Salim, 2014, 43 CLC (HCD)
....dispose of the same expeditiously. Send down the lower Courts’ records and communicate the judgment. Muhammad Abdul Hafiz J.- I agree. Ed. This Case is also Reported in: ......irector sitting at the helm of the affairs of the company cannot escape the liability. Moreover, he did not take any such ground in his application under section 265C and did not make any reply after service of the notices on him in individual capacity. Under the facts and circumstances of the prese..Category: Civil Law | Date: 21 Jan, 2014 | Hits: 111
BRAC Bank Ltd Vs. Multimode Ltd, 2013, 42 CLC (HCD)
....hellip;…...........Respondent Judgment December 12, 2013 Result: The appeal is dismissed. Case Referred to- Kanchan Mala Bepari Vs. Ananta Kumar Bepari, 6 DLR 254 Government of Bangladesh Vs. Md. Tajul Islam, 49 DLR (AD) 177 Mozibar Rahman Vs. The Chairman, Dhaka...... and defendant is Public Limited Company incorporated under the Companies Act, 1913. Defendant Bank as a schedule Bank, under the supervision and monitoring of Bangladesh Bank participates in various service such as, keeping deposit of money, providing loan facilities for multipurpose, monitory tran..Category: Contract Law | Date: 12 Dec, 2013 | Hits: 0
Abdul Quader Mollah Vs. Chief Prosecutor, International Crimes, Tribunal, Dhaka, 2013, 42 CLC (AD)
.... PLD 1949 PC 1; Poonam Vs. Sumit Tanwar, (2010) 4 SCC 460; Pakistan Vs. Akhlaque Hossain, 17 DLR (SC) 545; Major Bazlul Huda Vs. State, 63 DLR (AD) 62; Messrs Thungabhandra Industries Limited Vs. The Government of Andhra Pradesh, AIR 1964 SC 13 72; Sheonandan Paswan Vs.State of Bihar, AIR 1983 SC 11...... 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. ..Category: International Crimes Tribunal Law | Date: 12 Dec, 2013 | Hits: 15
State Vs. Md. Ibrahim Ali, 2013, 42 CLC (AD)
....y prejudice to the accused-respondent. He finally submitted that in any event, even if there is any technical defect in framing the charge, that cannot result in acquittal of the accused, who being a Government official has committed very serious offence by misappropriating funds abusing his of...... to the period already undergone by him. In the result the appeal is allowed with the modification of sentence as aforesaid. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 33. ..Category: Anti-Corruption Laws, Criminal Law, Procedural Law | Date: 3 Dec, 2013 | Hits: 26
Sheikh Md. Rafiqul Islam (Babul) Vs. Manager, Uttara Bank Limited and others, 2013, 42 CLC (HCD)
.... office order No.742- Bichar-3/(IT,2/2001 dated 11-11-2007 issued under the signature of the Deputy Secretary (Administration), Judicial Section-3, Ministry of Law, Justice and Parliamentary Affairs, Government of Bangladesh (Annexure-"B"). 3. The respondent No. 3 Mr. Sharif uddin Ahm......s set-aside. The trial Court is directed to proceed with the suit immediately in accordance with law. Communicate at once. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 131. ..Category: Administrative Law, Banking Law | Date: 20 Nov, 2013 | Hits: 6
Md. Nuruzzaman (Noni) Vs. Government of Bangladesh and others, 2013, 42 CLC (HCD)
.... High Court Division (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. Re......fructuous. The order of stay granted earlier is hereby vacated. There will be no order as to costs. AKM Zahirul Hoque J.- I agree. Ed. This Case is also Reported in: ..Category: Fiscal/Taxation Law | Date: 20 Nov, 2013 | Hits: 24
....te relating to determination of collective bargaining agent;
Section-211 (5)(6)
Award on prohibition of strike or lockout as referred by the Government;
Section-21 3
Adjudication of ......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
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Category: Labour and Industrial Law | Date: 18 Nov, 2013 | Hits: 5
Abdul Momen Bhuiyan and others Vs. District Judge, Dhaka and others, 2013, 42 CLC (AD)
....mentary Affidavit, the petitioners stated that they paid total Taka 22, 24,000 upto 2-11-2010 towards payment of loan payable to HBFC. 20. The auction took place in respect of 400 square feet of Government Plot No.8, Block-A, Avenue-2, Section-11, Mirpur Housing Estate, Police Station-Mirpur, D......he auction sale shall be deemed to have become absolute. The impugned judgment delivered by the High Court Division is set-aside. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 98. ..Category: Civil Law | Date: 17 Nov, 2013 | Hits: 17
Golam Sarwar Vs. Commissioner of Taxes, 2013, 42 CLC (HCD)
....ke necessary steps under section 161(2) of the Income Tax Ordinance, 1984. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 350; 2 CLR (HCD) (2014) 301; 23 Karadalat (HCD) (2014) 15 ......e Income Tax Ordinance, 1984? (b) Whether Appellate Tribunal, Chittagong Bench, Chittagong was correct in law in confirming appeal order regard to assessment under section 84/937 92(1) when services of notices were not served to the applicant before assessments? (c) Whether the I..Category: Fiscal/Taxation Law | Date: 14 Nov, 2013 | Hits: 4
AKM Mosharraf Hossain Vs. State & another, 2013, 41 CLC (HCD)
....convict-appellant requested the Chairman, BCIC to provide him with pay and allowance at the rate, he used to draw as Chairman of the same subject to adjustment till execution of his contract with the Government. It has been also alleged that the convict-appellant received Taka 2,89,130.61 towards pa......3. One MA Mannan an Officer of Anti-Corruption on 29-1-1991 as informant lodged the FIR with the Motijheel Police Station against the convict-appellant alleging inter-alia that in course of rendering service as Chairman of Bangladesh Chemical Industries Corporation hereinafter called BCI..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)
.... High Court Division (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 ......on but increasingly by the public domain within which it operates and prevails irrespective of its derivative status. The ever increasing reality of public-private, partnership of providing services to the public at large and in regulating public activity has blurred the traditionally held..Category: Administrative Law, Constitutional Law | Date: 3 Oct, 2013 | Hits: 2
AA Engineering Limited Vs. University of Khulna, 2013, 42 CLC (AD)
....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 Government's directives or orders. We are of the view that the expressions used in clause 2.45 o...... 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 invited after 1st July, 1991..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)
....tual 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......evidence within 2(two) months from the date of receipt of this judgment, order. Communicate the judgment and order at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 110 ..Category: Civil Law, Procedural Law | Date: 26 Sep, 2013 | Hits: 3
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. ...... Result: The petitions are dismissed. The accrued/vested rights of its employees can not be taken away Service Rules The appointing authority has every right to amend/alter the service rules to suit the need of the time but not to the detriment or disadvantage to the righ..Category: Employment/Service Law | Date: 26 Sep, 2013 | Hits: 12
....iled under section 19(1) of the Act, it was the duty of the concerned VAT authority to move in the matter and give his decision. The concerned VAT authority must have remembered that he, being a Government functionary, was duty bound to act as per the dictate of law this way or that way and, fo......no reason and logic, he could just sit over the matter.
With the above observations, this petition is dismissed.
Ed.
This Case is also Reported in: 20 BLC (AD) (2015) 143
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Category: Fiscal/Taxation Law | Date: 24 Sep, 2013 | Hits: 9
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