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BRAC Bank Ltd Vs. Multimode Ltd, 2013, 42 CLC (HCD)
....e result, this appeal is dismissed. No costs. Connected Civil Rule No. 395(f) of 2012 is accordingly discharged. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 48 ......eable provisions which might put the party in the condition of economic loss. This means that the plaintiff and defendant were committed to perform the contract overcoming any interventions of law or person. Plaintiff is entitled to be paid for their service by the defendant 21% of commission which ..Category: Contract Law | Date: 12 Dec, 2013 | Hits: 0
Abdul Quader Mollah Vs. Chief Prosecutor, International Crimes, Tribunal, Dhaka, 2013, 42 CLC (AD)
.... 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. ......chers, intellectuals and the minority community at large. The International Crimes (Tribunals) Act, 1973 (XIX of 1973) was promulgated for the purpose of detention, prosecution and punishment of persons committing atrocities during this period. The prosecution has examined twelve witnesses and ..Category: International Crimes Tribunal Law | Date: 12 Dec, 2013 | Hits: 15
State Vs. Md. Ibrahim Ali, 2013, 42 CLC (AD)
.... 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. ...... behalf of the respondent made submissions in support of the impugned judgment. He submitted that in similar cases where a defect of charge was found the High Court Division has acquitted the accused person on the ground that such defect the charge is not curable under section 537 of the Code of Cri..Category: Anti-Corruption Laws, Criminal Law, Procedural Law | Date: 3 Dec, 2013 | Hits: 26
Md. Nuruzzaman (Noni) Vs. Government of Bangladesh and others, 2013, 42 CLC (HCD)
....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: ......Medical College, Bajitpur, bearing Roll No.56 of Sessions 2001-2002 attached to Mazedul Islam Hall and that the petitioner had borne the educational expenses of his son. As such, being an aggrieved person he has filed the instant writ petition. 3. It has been contended that the admission fe..Category: Fiscal/Taxation Law | Date: 20 Nov, 2013 | Hits: 24
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 ......of the Ordinance, as prevalent, in the assessment year in question. For better understanding, the said provision is quoted below:— "92. Assessment in case of income of a deceased person,— (1) Where a person dies, his legal representative shall be liable to pay an..Category: Fiscal/Taxation Law | Date: 14 Nov, 2013 | Hits: 4
AKM Mosharraf Hossain Vs. State & another, 2013, 41 CLC (HCD)
....realise the fine in accordance with law. Let a copy of this judgment along with LCR be sent to the concerned Court at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 564 ......Dhaka who took cognizance of the offence and transferred the case to the Court of Divisional Special Judge, Dhaka for holding trial who on receipt the same, framed a formal charge against the accused-person which was duly read over and explained to him whereupon he pleaded not guilty of the cha..Category: Anti-Corruption Laws, Criminal Law | Date: 10 Oct, 2013 | Hits: 3
Ali Amjad Khan (Md.) Vs. Md. Habibullah Dawn & others, 2013, 42 CLC (AD)
....iation of law and fact do not call for interference. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 28. ......3 of 2004 renumbered as Title Suit No.2725 of 2008 under section 9 of the Specific Relief Act got a decree for recovery of possession. In that suit, the plaintiff-petitioner got decree against a dead person and the 3rd. party-respondent was not a party to the suit. Therefore, Miscellaneous Case No.1..Category: Civil Law | Date: 10 Oct, 2013 | Hits: 33
SM Redwan Vs. Md. Rezaul Islam and others, 2013, 42 CLC (AD)
....he High Court Division are hereby set-aside. The concerned Courts are directed to proceed with the cases in accordance with law. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 169. ......and 31 of 2004 involve a pure question of law as to the applicability of section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as the "Act") to a case in which a person issuing a cheque stopped its payment by issuing instruction to the drawee bank before payment..Category: Criminal Law, Others | Date: 9 Oct, 2013 | Hits: 12
Moulana Abdul Hakim (Md.) Vs. Government of Bangladesh and others, 2013, 42 CLC (HCD)
....ed of with the directions above. 43. There is no order as to costs. Communicate this judgment and order forthwith. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 83 ...... When issues of fundamental rights are raised, the sanction under Article 102(1) is clearly of availability of redress against "anyone." or "any authority", inclusive of "any person performing any function in connection with the affairs of the Republic." The refere..Category: Administrative Law, Constitutional Law | Date: 3 Oct, 2013 | Hits: 2
AA Engineering Limited Vs. University of Khulna, 2013, 42 CLC (AD)
....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. ......nd Business Turn Over tax to simplify the taxation system (section 73). Under the VAT scheme as laid down in the Act the Bangladesh Telegraph and Telephone Board is one of the registered taxable persons providing service by offering telephone to its customers (section 15) and VAT is charged on ..Category: Fiscal/Taxation Law | Date: 3 Oct, 2013 | Hits: 28
Category: Fiscal/Taxation Law | Date: 24 Sep, 2013 | Hits: 9
State Vs. Mostafizur Rahman and another, 2013, 42 CLC (AD)
....and findings given by Mohammad Anwarul Haque, J. Court's Order The appeal is dismissed by majority decisions. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 218. ......h Adalat, Rajbari in Nari-o-Shishu Nirjaton Daman Case No. 13 of 1996 for offences under sections 6 (1)/14 of the Nari-o-Shishu Nirjaton Daman (Bishesh Bidhan) Ain, 1995. Upon finding the two accused persons guilty as charged, the learned judge of the Nari-o-Shishu Nirjaton Daman Bishesh Adalat sent..Category: Criminal Law, Women and Children | Date: 18 Sep, 2013 | Hits: 7
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. ......y;dence from a shopping mall, namely, Carrefour in Abu Dhabi purporting to show that those were used at the Embassy Office. Moreover, he spent 55 Dirhams from the public exchequer for binding of some personal books. In all, the accused-appellant misappropriated a sum of Taka 20,02,299 in Bangla..Category: Criminal Law, Procedural Law | Date: 1 Aug, 2013 | Hits: 5
Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 10
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)
....Civil Rule No.905(f) of 2011 is disposed of. Send down the lower Court records at once. Communicate this order at once. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 5. ......ure, 1908; Order VII, rule 11, Provisions of waqf ordinance — Section 50 of the Waqf Ordinance has been inserted in the enrolment chapter. Specific Provisions have made regarding the person, property, time and manner in which the enrolment is to be made and in this context sect..Category: Trust/Waqf Law | Date: 29 Jul, 2013 | Hits: 5
Robi Axiata Ltd Vs. First Labour Court Dhaka and others, 2013, 42 CLC (HCD)
....Orders of Stay as initially granted are necessarily recalled and vacated. There are no Orders as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 551 ...... the Act is based on a similar definition of "worker" found in section 2(v) of mployment of Labour (Standing Orders) Act, 1965 as reads thus:"2(v) 'worker' means any person including an apprentice employed in any shop, commercial establishment or industria..Category: Labour and Industrial Law | Date: 28 Jul, 2013 | Hits: 7
Younusuzzaman (Badal) Vs. State and another, 2013, 42 CLC (HCD)
.... time of issuance of the Rule is hereby vacated. Communicate a copy of this judgment to the court concern immediately. Borhanuddin J.-I agree. Ed. This Case is also Reported in: ......r Vs. The State and another………………..............Opposite parties Judgment July 25, 2013. Result: The Rule is discharged. A company being a juristic person, all its deeds and functions are the result of the acts of Managing Director. Therefore, a Ma..Category: Criminal Law | Date: 25 Jul, 2013 | Hits: 140
Chow Wen Chang and others Vs. SF Winsome Fashion Ltd. and others, 2013, 42 CLC (HCD)
....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. ......ioners enquired regarding the holding of AGM, suddenly the petitioners became aware that 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 il..Category: Company Law | Date: 24 Jul, 2013 | Hits: 10
Sarwar Hossain Moni (Md.) Vs. State and another, 2013, 42 CLC (AD)
....iewed in affirming the judgment and order passed by the High Court Division and accordingly, both these petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 283. ...... a petition of complaint prematurely, in no way, can be a ground to oust a payee or, as the case may be, to the holder in due course of the cheque from proceeding with his case to haul up a person here the respondent who commits an offence punishable under the section and to quash a c..Category: Criminal Law | Date: 24 Jul, 2013 | Hits: 8