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....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
......trade union and labour Court cannot entertain the same though the dispute relating to an election of the collective bargaining agent can be adjudicated by the labour Court as contemplated by the provisions of section 202(21) of the Act, 2006. .....(15)
Affairs in Civil Nature Must Be Adjud..
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)
....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. ...... the principal civil Court of the original jurisdiction. The term 'District Judge' used in PO 7 of 1973 connotes the original civil jurisdiction of the District Judge as a civil Court and the provisions of the Code of Civil Procedure shall apply to matters relating to attachment and sale. Al..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 ......92(1) of the Income Tax Ordinance, 1984 when Assistant Commissioner of Taxes, Survey Circle-2, Chittagong did not start the proceedings before the death of deceased Alhaj Golam Mowla as per provisions of section 92 of the Income Tax Ordinance, 1984? (b) Whether Appellate Tribunal..Category: Fiscal/Taxation Law | Date: 14 Nov, 2013 | Hits: 4
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. ......t exceeds the amount arranged to be paid from that account by an agreement made with that bank, such person shall be deemed to have committed an offence and shall, without prejudice to any other provisions of this Act, be punished with imprisonment for a term which may extend to one year, or wi..Category: Criminal Law, Others | Date: 9 Oct, 2013 | Hits: 12
....costs. The order of stay granted earlier is vacated.
Communicate a copy of the judgment to the bank concerned at once.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 50.
......s misconceived and not maintainable, in law, Further case of the respondents is that the bank has not committed any illegality by putting the mortgaged property in auction and selling the same as per provisions contained in section 12 of the Artha Rin Adalat Ain, 2003 (hereinafter referred as "..
Category: Others, Procedural Law | Date: 8 Oct, 2013 | Hits: 8
Moulana Abdul Hakim (Md.) Vs. Government of Bangladesh and others, 2013, 42 CLC (HCD)
....r vacating the order of stay has stated that the impugned order has been acted, upon. In other words, the impugned order of dismissal is to be treated as final notwithstanding the otherwise mandatory approval of the board remaining wanting and outstanding. In fact, the approval is assumed ...... the amicus curiae. Mr. Mahmudul Islam and Mr. Rokanuddin Mahmud as to the interpretation of the Constitution pertaining, in particular, to the distinction in and between the application and the provisions of Articles 102(1) and (2). 4. The purpose of the enquiry made of the amicus curiae ..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. ......is liable to make its arrangement for payment of VAT from its own fund. Even if the unlikely view is taken that the above office memorandum is not to be treated as one issued under the aforesaid provisions of the Act and the Rules made there under, it has got it weight in interpretation as bein..Category: Fiscal/Taxation Law | Date: 3 Oct, 2013 | Hits: 28
....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
......
Duty of the concerned VAT authority
If the VAT authority may have any justifiable 'demand against the petitioner, they can raise and get adjudicated the same in accordance with the provisions of the VAT Act. But they cannot adjust any disputed amount, which was never adjudicated u..
Category: Fiscal/Taxation Law | Date: 24 Sep, 2013 | Hits: 9
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 ......denying all the material allegations made in the application stating that the case is barred by limitation and defect of parties and, as such, not maintainable in the eye of law; that as per existing provisions of law the condition of five years experience in the senior scale with ten years service ..Category: Administrative Law, Constitutional Law | Date: 17 Sep, 2013 | Hits: 3
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. ......t the outset, Mr. Fida M Kamal, learned Advocate appearing on behalf of the. appellant, submits that it is on record that the charge was framed against the appellant on 15-10-2008 in violation of the provisions of sub-section (2) of section 222 of the Code of Criminal Procedure and since the charge ..Category: Criminal Law, Procedural Law | Date: 1 Aug, 2013 | Hits: 5
....ion of people desirous of being registered as a political party under the name and style Bangladesh Jamate Islami submitted its application with its constitution, which was not found compliant to the mandatory requirement yet the EC accorded it with registration under the name and style Bangladesh J......einafter referred to as the EC) with a view to hold General Election for constitution of the 9th Parliament and also to bring the political parties of Bangladesh within certain framework amended some provisions of the Representation of the Peoples Order, 1972 (hereinafter referred to as the RPO) and..
Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 10
.... into legislation by promulgation of an Ordinance, being Ordinance No. 42 of 2008 dated 19.8.2008. The amended RPO, amongst other things, made registration for the political parties seeking election, mandatory subject to certain qualifications and disqualifications prescribed therefor. The Banglades......was formed for examination of the documents submitted by the political parties seeking registration. The Committee after scrutiny of the documents submitted by the parties found, amongst others, some provisions of BJI-constitution conflicting with the Constitution of Bangladesh. The matter was commu..
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:
...... evident that the appeals were disposed of within 90 days from the date of receiving the consolidated order passed by the Tribunal in Income Tax Appeals No. 368 to 371 of 2001-2003 and therefore, the provisions of section 156(6) of the Ordinance was complied with from the date of receiving the commo..
Category: Fiscal/Taxation Law | Date: 31 Jul, 2013 | Hits: 3
Nur Jahan Akhtar Vs. Commissioner of Taxes, 2013, 42 CLC (HCD)
....ngladesh 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: ...... evident that the appeals were disposed of within 90 days from the date of receiving the consolidated order passed by the Tribunal in Income Tax Appeals No. 368 to 371 of 2001-2003 and therefore, the provisions of section 156(6) of the Ordinance was complied with from the date of receiving the commo..Category: Fiscal/Taxation Law | Date: 31 Jul, 2013 | Hits: 2
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. ......ular property is waqf property or not and the order made by the Administrator under this section is subject to challenge by the District Judge in the manner as contained in section 35 as all the provisions of section 35 have been made applicable to an order made under this section which means t..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 ......that such employment can only be temporary in nature. The Respondents in their plaints before the Labour Court contend otherwise submitting that by operation of law evident in specific provisions of the Act combined with the efflux of time each Respondent has become a permanent employ..Category: Labour and Industrial Law | Date: 28 Jul, 2013 | Hits: 7
....d over possession of the fishery in question and also to refund to the petitioner the proportionate lease money for the unexpired period of the lease.
Ed.
This Case is also Reported in:
......The direction to grant lease to one of the other two applicants’ Samity is set aside. The respondents are directed to start fresh process to lease out the fishery in question in accordance with the provisions of the Nitimala 2009. The respondents are directed to allow the petitioner four months ti..
Category: Civil Law | Date: 28 Jul, 2013 | Hits: 169
Zahir Fakir (Md.) and oth¬ers Vs. Hahma Khatun and others, 2013, 42 CLC (HCD)
....urts records along with a copy of this judgment to the concern Court forthwith for information and necessary action. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 240 ......the impugned judgment and the order of the remand as passed by the Joint District Judge, 2nd Court, Gazipur we find that the Joint District Judge, 2nd Court, Gazipur has totally misconceived the provisions of law as regards the order of remand as contain in order 41 Rule 23 of the Code of Civil..Category: Property Law | Date: 25 Jul, 2013 | Hits: 6
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: ......e Dutch Bangla bank Ltd. Narayangonj branch and on both occasion the cheque was dishonoured for insufficient fund. Finding no other alternative, the complainant issued a legal notice according to the provisions of the Negotiable Instruments Act through his learned Advocate on 30.08.2008 by registere..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. ......rther shares. That as no other shareholders was interested to purchase new shares the said 10,500 new shares were allotted in the name of the respondent No. 3 on 12-4-2010 in compliance with the provisions of Article 4 of the Articles of Association of the company and the relevant provisio..Category: Company Law | Date: 24 Jul, 2013 | Hits: 10
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