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....anded to the High Court Division to dispose of the appeal on merit afresh. This petition is disposed of.
Ed.
This Case is also Reported in: 66 DLR (AD) (2014) 185.
......007 under the signature of the secretary of the Commission to submit his wealth statement was without jurisdiction. In the judgment the High Court Division considered section 26 of the Ain and a decision of this Division in the case of Anti-Corruption Commission Vs. Dr. Mohiuddin Khan Alamgir, ..
Category: Anti-Corruption Laws | Date: 27 Jan, 2014 | Hits: 9
Md. Shafayet Hossain Rana Vs. State and Md. Syed Rejaul Karim Salim, 2014, 43 CLC (HCD)
....of the cheque, of course, by complying with the proviso to sub-section (1) of section 138. And in the instant case admittedly those requirements were clearly complied with before filing the case. The legislative mandate as used in clause (a) of sub-section(2) of section 123A of the Act, 1881 that wh.......e. a cheque is bounced, statutory legal notice is served and the case is filed within time, there is a very little scope of quashment of the case. 9. We have gone through the documents and the decisions cited. In the case of MohammadAli Vs. State and another, 64 DLR 426 under similar facts an..Category: Civil Law | Date: 21 Jan, 2014 | Hits: 111
Abdul Hakim (Md.) Vs. Md. Nazrul Islam and others, 2014, 43 CLC (AD)
....er appreciation 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) 157. ...... a person whose interest subsists throughout the course of the application to preempt and not a person who held such an interest in the beginning, but lost it before its disposal. The above decision was noticed with approval in the case of Md. Mofizuddin Vs. Abdul Hakim, 33 DLR (AD) 305. ..Category: Property Law | Date: 20 Jan, 2014 | Hits: 44
Ali Garments Limited Vs. Commissioner of Taxes, 2014, 43 CLC (AD)
....he High Court Division, accordingly, the appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 243. ......efore the Taxes Appellate Tribunal. The Tribunal directed the revenue authority to accept the sale as disclosed by them and also reduced the rate of gross profit to 20% from 25% holding that the decision was taken by the appellate authority on comparison of records with parallel cases. 5. ..Category: Fiscal/Taxation Law | Date: 5 Jan, 2014 | Hits: 11
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 ......also required no objection letter from National Bank Ltd., as there was an exclusive agency agreement executed between Western Union and National Bank Ltd., since 1993. Subsequently on the basis of a decision of the Board meeting of the directors of the defendant, the defendant agreed to approach th..Category: Contract Law | Date: 12 Dec, 2013 | Hits: 0
Abdul Quader Mollah Vs. Chief Prosecutor, International Crimes, Tribunal, Dhaka, 2013, 42 CLC (AD)
....derived from Latin Codex, the- stock or stem of tree- originally it meant the board covered with Wax on which the ancients originally wrote. It is usually used for the body of laws established by the legislative authority of the State and designated to regulate completely, so far as a stat......s of justice as may be necessary. Considering the rights which are conferred upon the parties by substantive law to prevent abuse of the process of law, it is the duty of all Tribunals to correct the decisions which run counter to the law. 15. We are not unmindful that the duty of the Court is ..Category: International Crimes Tribunal Law | Date: 12 Dec, 2013 | Hits: 15
....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
......yan, an Advocate of Narsingdi Bar as President was a nullity and outside the scope of law. In the circumstances, pursuant to a resolution taken in the general meeting of the Union held on 19-8-2011 a decision was taken for holding of an election of the union on 15-10-2011 and for the said purpose a ..
Category: Labour and Industrial Law | Date: 18 Nov, 2013 | Hits: 5
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 ......Ļ¤āĻžāĻ°āĻžāĻ āĻāĻāĻ¨āĻžāĻĻā§āĻˇā§āĻā§ āĻĻā§āĻāĻāĻžā§āĻāĻž āĻšāĻāĻ¤ā§ āĻāĻžāĻāĻž āĻ¨ā§āĻā§āĻž āĻŦā§-āĻāĻāĻ¨ā§ āĻšā§ āĻ¨āĻžāĻāĨ¤” 55. A reference may be made from a decision enunciated in the case of Hasanuddin Sarker Vs. State, reported in 34 DLR 287 wherein it ha..Category: Anti-Corruption Laws, Criminal Law | Date: 10 Oct, 2013 | Hits: 3
Zakir Hossain and another Vs. Md. Shahnewaz and others, 2013, 42 CLC (AD)
....s and facts do not warrant interference by this Division. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 98. ......ourt Division. Therefore, the High Court Division did not have the opportunity to address the question now raised by the learned Advocate for the petitioners. 15. The findings arrived at and the decision made by the High Court Division having been based on proper appreciation of laws and facts ..Category: Procedural Law | Date: 10 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 ......n the application and the provisions of Articles 102(1) and (2). 4. The purpose of the enquiry made of the amicus curiae has been to ascertain the extent of judicial reviewability of actions and decisions of ostensible private bodies but which nevertheless operate in the public domain. Mr. Mahm..Category: Administrative Law, Constitutional Law | Date: 3 Oct, 2013 | Hits: 2
AA Engineering Limited Vs. University of Khulna, 2013, 42 CLC (AD)
.... In the period immediately following its enactment, the history of how an enactment is understood by the profession forms part of the contemporanea expositio, and may be held to throw light on the legislative intention. The later history may, under the doctrine that an ongoing Act is always ......ot; 11. Before addressing the questions raised in this appeal, it is necessary to go through the material finding of the High Court Division quoted as under: "Thus, from the decision Nos.1 and 2 of the NBR it is clear that VAT has been exempted in respect of the contra..Category: Fiscal/Taxation Law | Date: 3 Oct, 2013 | Hits: 28
Satsang Bangladesh, D. Pakutia Vs. Peopleâs Republic of Bangladesh and others, 2013, 42 CLC (HCD)
....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 ......that the application for temporary injunction is liable to be rejected. There is no misreading or non-reading of evidence and non-consideration of material fact resulting in an error in the decision occasioning failure of justice by which the order of the appellate Court can be interf..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. ......other or further order or orders be passed as to this Court may seem fit and proper." 5. The only question involved in the two writ petitions was whether the writ-respondents could take any decision or issue any circular or in other words, could frame any service rules to put the respectiv..Category: Employment/Service Law | Date: 26 Sep, 2013 | Hits: 12
....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
......ct.
When the application for cancellation of the VAT registration was filed 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, ..
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. ......ewspaper report the informant Shamsunnahar Chowdhury (P.W. 1), who is the Convener of the Mohila Parishad, Rajbari discussed the matter in their regular meeting on 30-9-1995 and according to the decision of the meeting the informant went to meet the victim on 8-10-1995 at the house of Chand Ali..Category: Criminal Law, Women and Children | Date: 18 Sep, 2013 | Hits: 7
Government of Bangladesh Vs. Md. Abdul Maleque Miah and 7 anothers, 2013, 42 CLC (AD)
....allowed and the impugned judgment and order is set aside with the observations made in the body of the judgment. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 167 ...... they do involve common questions of laws and facts. Respondent No.1 of all these appeals filed 8 writ petitions seeking certain directions upon the present appellant to "implement the decisions and orders passed by the Administrative Tribunal in favour of present respondent No.1..Category: Administrative Law, Constitutional Law | Date: 17 Sep, 2013 | Hits: 3
ATM Nazimullah ChowÂŦdhury 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. ......tion 537 of the Code, the impugned order of conviction and sentence cannot be maintained at all. 10. In support of the above submissions, Mr. Fida M Kamal draws our attention to a number of decisions including the decisions in the cases of Abdul Bari Mollah Vs. State, 3 BLC 474; Abul Khair..Category: Criminal Law, Procedural Law | Date: 1 Aug, 2013 | Hits: 5
.... Ahmed and others Vs. Bangladesh, 65 DLR (2013) 277, wherein it was observed inter alia that:
“..The potentially important point is that change of policy should not violate the substantive legislative expectation and if does so it must be as the change of policy which is necessary and suc......eving the goal of the EC and the scheme of the RPO. The EC received the latest constitution of the BJI in December, 2012, and 4(four) months have elapsed since then and the EC has not taken any final decision with regard to the amendments brought to the BJI constitution during the period between 04...
Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 10
....r extraneous considerations will not be entertained...High Court Division does not have power to take cognizance of any petition which trespasses into the areas which is reserved to the executive and legislative by the Constitution.”
39. In the aforesaid case Appellate Division found it e......aring filed an application praying for discharging the Rule on the ground that the Rule is premature in that the issue of BJI registration is still in seisin of the Election Commission and awaiting a decision to be given by the Commission. Subsequently, however, BJI chose to contest the Rule on meri..
Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 11
....t of Bangladesh is directed to take steps under section 161(2) of the Income Tax Ordinance, 1984.
S. H. Md. Nurul Huda Jaigirdar J.- I agree.
Ed.
This Case is also Reported in:
......t of Bangladesh is directed to take steps under section 161(2) of the Income Tax Ordinance, 1984.
S. H. Md. Nurul Huda Jaigirdar J.- I agree.
Ed.
This Case is also Reported in:
..
Category: Fiscal/Taxation Law | Date: 31 Jul, 2013 | Hits: 3
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