Search Options
Judgment Advanced Search
Displaying 121-140 of 2867 results.
Orascom Telecom Bangladesh Ltd Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....f the Telecommunication Regulation Guideline and without giving the petitioner scope to defend themselves. ............ (13) Section 6 (3) of the VAT Act, 1991 specifies the time when VAT for the services becomes payable. Since no service has been provided by renewal of license no VAT is......demanded on the basis of the Guidelines, 2011 as issued in pursuance to section 38 of the BT Act, 2001 with prior approval from the MoPT. It is also submitted the said Guidelines, 2011 the subsequent amendment of the said Guidelines, 2011 was also done in accordance with law i.e. under sections 55(3......e guidelines 2011 whatsoever. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 148. ..Category: Fiscal/Taxation Law, Information Technology Law | Date: 14 Aug, 2012 | Hits: 19
Yasin Rahman @ J Rahman Yasin @ Titu Vs. State, 2012, 41 CLC (AD)
....is appeal the legality of the conviction of the appellant Yasin Rahman @ Rahman @ Yasin @ Titu Muzibur Rahman (Titu) given by the High Court Division under sections 302/109 and 120B of the Penal Code for the murder Jibran Tayyabi (Jibran) by setting-aside the judgment and order of acquittal passed b......t that the accused charged with are independently pursuing to the same end, that is to say, they have come together to the pursuit of the unlawful object. Section 120A has been brought by way of amendment in line with the English" Law by making the overt act unessential when the consp......ith the judgment of Surendra Kumar Sinha, J. Order of the Court This appeal is, however, dismissed by majority decision. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 8. ..Category: Criminal Law | Date: 1 Aug, 2012 | Hits: 36
Monindra Nath Biswas Vs. Kantaram Mondal and others, 2012, 41 CLC (HCD)
....VII Rule 7 of the Code of Civil Procedure provides that, the plaint shall state specifically the relief which the plaintiff claims either simple or in alternative and it shall not be necessary to ask for general or other relief which is always be given as the Court may think just to the same extent ......ocate after coming to understand that no prayer for benami declaration was prayed for in the plaint made a prayer to this Court to allow the opposite-party an opportunity to come up with a prayer for amendment of plaint only incorporating a prayer for benami declaration. Although the matter was hear......m Mondal and others................Opposite Parties Judgment July 31, 2012. Result: The Rule is discharged. Order VII Rule 7 of the Code of Civil Procedure provides that, the plaint shall state specifically the relief which the plaintiff claims either simple or in alternativ..Category: Property Law, Procedural Law | Date: 31 Jul, 2012 | Hits: 5
MA Gafur Vs. Registrar of Joint Stock Companies and Firms & ors, 2012, 41 CLC (HCD)
....eral meetings may, by ordinary resolution, ratify what has been done. In those circumstances the court will not allow a minority shareholder to bring an action perusing a matter which it is competent for the majority to approve on behalf of the company……..(8) Article 14 and 16 kee...... for the petitioner, having placed the application, submits that the aforesaid notice was issued for calling an EGM although the Board of directors has not taken any decision to call any EGM for amendment of article 14 and Article 26 and, as such, the said notice was called without any lawful a......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
Faizur Rahman (Md.) and another Vs. Mokarram Hossain and others, 2012, 41 CLC (HCD)
....ion or revision of record-of-rights under this chapter or in respect of framing, publication, signing or attesting of such a record or any part of it, and if any such suit or application is pending before a civil court, it shall not be further proceeded with and shall abate and if any judgment, decr......s dismissed without any order as to cost. Send down the lower court records. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 46. ......;For the Plaintiff-Appellants. Md. Aminul Islam, Advocate—For the Defendant-Respondents. First Appeal No. 421 of 2009. Judgment Sharif Uddin Chaklader J. -This appeal by the plaintiffs directed against judgment and decree dated 30-9-2009 passed by the learned Joint District..Category: Property Law | Date: 25 Jul, 2012 | Hits: 10
Nalu Vs. State, 2012, 41 CLC (AD)
.... his reference and dismissing his jail appeal. 2. Facts, leading to the jail petition, in a nutshell, are as follows: On 13.05.2005 at about 5.30 p.m. the victim Emran Ali, nephew of the informant Md. Hazrat Ali of Ukia Village under P.S. and District-Manikgonj, was watching television in...... adds instead a second defilement to the first.” 19. From the minority opinion, it appears that the death sentence treats a human as nonhuman and that taking into consideration the eighth amendment to the US Constitution which states, “Excessive bail shall not be required, nor exce......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
Aysha Siddiqua Vs. Fazilatunnesa and other, 2012, 41 CLC (AD)
.... Md. Taufique Hossain, Advocate-on-Record—For the Petitioner. Qumrul Haque Siddique, Advocate instructed by Aftab Hossain, Advocate-on-Record—For the Respondents. Civil Petition for Leave to Appeal No.1326 of 2009 (From the judgment and order dated 25-3-2009 passed by the ......e concurrent findings of all the three courts below. So, we find no merit in this leave petition and hence it is dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 117. ......sion in Civil Revision No.2944 of 2006 discharging the rule affirming the judgments and decrees of the trial court as well as of the appellate court. 2. The respondent No.1 Ms. Eazilatunnesa, as plaintiff, filed Title Suit No.132 of 1993 in the court of Senior Assistant Judge, Dumuria, Khulna a..Category: Others | Date: 15 Jul, 2012 | Hits: 6
Abdur Rashid Akanda Vs. Md. Raisuddin and others, 2012, 41 CLC (HCD)
....uestion of limitation is a mixed question of facts and law and needs to be settled only upon taking evidence and further in terms of the decisions of the superior courts, a litigant should not suffer for wrong advice of his learned Lawyer and so the plaintiff is entitled to get benefit of secti...... revisional application in appropriate motion bench immediately. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 81 & 21 BLT (HCD) (2013) 1 ...... and law and needs to be settled only upon taking evidence and further in terms of the decisions of the superior courts, a litigant should not suffer for wrong advice of his learned Lawyer and so the plaintiff is entitled to get benefit of section 14 of the Limitation Act for condonation o..Category: Limitation Law | Date: 12 Jul, 2012 | Hits: 18
Safi Uddin Vs. District Judge, Dhaka & others, 2012, 41 CLC (AD)
.... Lawyers Involved: Safi Uddin, in person -For the Petitioner. Syed Shaheed Hossain, Advocate, instructed by Md. Zahirul Islam, Advocate-on-Record- For the Respondents. Civil Petition for Leave to Appeal No. 2208 of 2011. (From the judgment and order dated the 16th day of May, 2...... the impugned judgment and order calling for interference by this Division. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 183. ...... “from a Judge, within 10 days from service; leave to appear and defend;” the suit with the warning that its defaults to obtain such leave within the time mentioned therein the allegations in the plaint will be deemed to be admitted and the plaintiff shall be entitled to a decree for the sum men..Category: Civil Law | Date: 8 Jul, 2012 | Hits: 108
Ancient Traders Limited and others Vs. Chittagong Port Atuthority, 2012, 41 CLC (HCD)
....Rule, issued under Article 102 of the Constitution of the People’s Republic of Bangladesh, the respondents have been called upon to show cause as to why the impugned amendment of the Regulations for Working of Chittagong Port (Cargo and Container), 2001, as contained in the notification bearin...... Farah Mahbub J.- In this Rule, issued under Article 102 of the Constitution of the People’s Republic of Bangladesh, the respondents have been called upon to show cause as to why the impugned amendment of the Regulations for Working of Chittagong Port (Cargo and Container), 2001, as contain......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)
....ate-on-Record—For the Petitiner. (In Civil Petition No.1434 of 2012) Not represented—For the Respondents. (In all the Civil Miscellaneous Petitions) Civil Miscellaneous Petition for Leave to Appeal Nos.622-24 of 2012 With Civil Petition for Leave to Appeal No.1434 o......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. ......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
AK Azad and another Vs. Mostafizur Rahman and others, 2012, 41 CLC (AD)
....ior Advocate, instructed by Zainul Abedin, Advocate-on-Record—For the Respondent No.1. None Represented—Respondent Nos. 2-3. Civil Appeal No.283 of 2010. with Civil Petition for Leave to Appeal No.73 of 2012. Judgment Syed Mahmud Hossain J.- This appeal by leave b...... of plaint has become infructuous as the appeal is allowed. Therefore, the civil petition is dismissed as being infructuous. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 78. ......r Assistant Judge, Sixth Court, Dhaka in Title Suit No.195 of 12002 decreeing the suit. 2. The facts leading to the filing of this appeal, in short, are as follows: - The petitioners as the plaintiffs filed Title Suit No.195 of 2002 in Sixth Court of Senior Assistant Judge, Dhaka for speci..Category: Property Law | Date: 13 Jun, 2012 | Hits: 27
Hedayetullah and others Vs. Foyjun Nessa Begum and others, 2012, 41 CLC (AD)
....…Respondents Judgment May 30, 2012. Result: The appeal is allowed. A court of law cannot pass a decree in respect of land which is not specified. In a suit for declaration of title and recovery of khas possession the plaintiffs are not only required to pro......cordingly the appeal is allowed without any order as to costs and the impugned judgment is set-aside and the suit is dismissed as a whole. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 139. ......p; Result: The appeal is allowed. A court of law cannot pass a decree in respect of land which is not specified. In a suit for declaration of title and recovery of khas possession the plaintiffs are not only required to prove their title to the suit land and but also to prove that th..Category: Property Law | Date: 30 May, 2012 | Hits: 33
Government of Bangladesh and others Vs. Nurul Amin and anothers, 2012, 41 CLC (AD)
.... which may include the, power to award compensation in appropriate cases. The power of the High Court Division under Article 102 is very wide and is not fettered by any legal constaints in the enforcement of the fundamental rights inasmuch as the High Court Division powers to issue such directi...... ten thousand only) to the detenue in Writ Petition No.3489 of 1999 to be paid by the Writ Respondent No. 2 are hereby set aside. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 352 ......lternative. It is true that general or other relief which the Court may think just may be granted although not specifically asked for. But the essential conditions are that, the averments in the plaint must justify such relief and the defendant must get an opportunity to contest such relie..Category: Constitutional Law | Date: 29 May, 2012 | Hits: 5
Md. Mintu Chowdhury Vs. Khurshid Nayeem and others, 2012, 41 CLC (AD)
....da M. Kamal, Senior Advocate and Azim Khair, Advocate instructed by Md. Zahirul Islam, Advocate-on-Record-For Respondent Nos.1-3. Not represented- For Respondent Nos.4-11. Civil Petition for Leave to Appeal No.1573 of 2010. (From the judgment and order dated the 3rd day of June, ......n the impugned judgment and order and consequently, no merit in the leave petition. Accordingly, the leave petition is dismissed. This Case is also Reported in: 18 MLR (AD) (2013) 46. ...... rectified the mistake in Review Case No.3-108/95(Review-Dhaka) by order dated 09.12.2003. Since the decree passed in Title Suit No.280 of 1970 is on the basis of R.S. record, as prayed for in the plaint of the suit, the Full Board had to sustain mutation of the aforesaid 7 R.S. plots measuring ..Category: Property Law | Date: 29 May, 2012 | Hits: 12
Aqua Culture Farms Limited Vs. Registrar of Joint Stock Companies and Firms, 2012, 41 CLC (HCD)
.... Judgment AFM Abdur Rahman J. - By this application under Section 12 and 13 of the Companies Act the petitioner, the company itself through its Secretary Abu Tarek Muhammad Zakaria, prays for confirmation of alteration of the provisions of Memorandum of Association of the company AQUA ......the newspaper “Daily Financial Express” and “Daily Shamokal” published on 9.3.2012. There being no creditor of the company, as informed, none appears to be interested to object the proposed amendment. 6. We have heard the learned Advocate, perused the materials on record. It app......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
Ruhul Amin and others Vs. Bangabandhu Sheikh Mujib Medical University, 2012, 41 CLC (HCD)
....he learned Joint District Judge, 1st Court, Dhaka rejecting the plaint of Title Suit No.33 of 2007 under Order VII Rule 11 of the Code of Civil Procedure. 2. Plaintiff-appellants instituted the aforesaid suit praying for decree as:— “ক) বাদীপক্ষ নালি......ion 3 of EP Ordinance (IX of 1969). Counting 24 years from the 16th August, 1948, the life of the Act extends upto the 15th August, 1972. Initially, its life was set down to 3 years and by successive amendments, 7 in number, its life was lengthened to 34 years. Originally, it was for 3 years, then w......ney-General—For the Defendant-Respondents. First Appeal No.343 of 2011 with Civil Rule No.722 (F) of 2011. Judgment Sharif Uddin Chaklader J. - This appeal at the instance of the plaintiff-appellant directed against judgment and decree dated 17-8-2011 passed by the learned Joint..Category: Civil Law, Property Law | Date: 27 May, 2012 | Hits: 12
Advocate Murshedur Rahman Chowdhury Vs. Bangadesh and others, 2012, 41 CLC (HCD)
..... Purabi Shaha, AAGs—For the Respondents Writ Petition No. 1750 of 2012. Judgment Farid Ahmed J.— International Crimes (Tribunal) Act, 1973 was promulgated making provision for providing detention, prosecution or punishment of any person, who is a member of any armed or de...... any armed or defence or auxiliary forces or who is a prisoner of war, for genocide, crimes against humanity or war crimes and other crimes under International Law. Section 3 of the said Act has been amendment on 14-7-2009 by inserting the provision to prosecute "individual or group of individu......an application which does not call for issuance of rule and do reject the application summarily. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 63 & 69 ..Category: Constitutional Law, International Crimes Tribunal Law | Date: 13 May, 2012 | Hits: 6
....12-2009 passed by the learned Additional District Judge, 2nd Court, Dhaka in Arbitration Miscellaneous Case No.543 of 2009 setting-aside the Arbitral Award dated 21-6-2009.
2. The relevant facts for disposal of the Miscellaneous Appeal may be stated as follows:—
An arbitration p...... as to costs.
Send down the LCRs along with a copy of the judgment to the Court below immediately.
Ed.
This Case is also Reported in: 18 BLC (HCD) (2013) 194.
......ward on 30-7-2006 to supply, install and commission of the washing plant. After delivery of the washing plant, the purchaser BSMMU conducted inspection of the same and found that the supplied washing plaint was not in accordance with the specifications, and fit for its 2000 bedded hospital. As such,..
Category: Arbitration Law | Date: 10 May, 2012 | Hits: 16
Abdun Noor and others Vs. Aziruddin and others, 2012, 41 CLC (AD)
....Judge, First Court, Sylhet in Title Suit No.56 of 1983. 2. The facts involved in the appeal, in brief, are as follows: The appellants herein as the plaintiffs filed Title Suit No.56 of 1983 for declaration of title, confirmation of possession and for permanent injunction in respect of......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. ......2. (From the judgment and order dated 25th April,2000 passed by the High Court Division in Civil Revision No.2923 of 1994). Judgment Syed Mahmud Hossain J.- This appeal by leave by the plaintiffs arises out of the judgment and order dated 25-4-2000 passed by a Single Bench of the High..Category: Property Law | Date: 8 May, 2012 | Hits: 112
87908734881587688765733687618771776585638700851085349569861886268795957487987162