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National Board of Revenue Vs. Abu Saeed Khan and others, 2012, 41 CLC (AD)

....in CJ Surendra Kumar Sinha J Md. A Wahhab Miah J   Nazmun Ara Sultana J   Syed Mahmud Hossain J Md. lmman Ali J Shamsul Huda J National Board of Revenue........... .........Appellants Vs. Abu Saeed Khan and others…………......victims. The appeals are, therefore, allowed without any order as to costs with the above observa­tions. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 116. ..

Category: Fiscal/Taxation Law | Date: 1 Aug, 2012 | Hits: 27

MA Gafur Vs. Registrar of Joint Stock Companies and Firms & ors, 2012, 41 CLC (HCD)

....ve on behalf of the company……..(8) Article 14 and 16 keeping pro­visions for 4 members to remain personally present to form the quorum for holding Gen­eral Meetings and the Board Meetings, respec­tively, can also create stalemate in the business and functioning of the ......Article 26 of the Articles of Associations contains provisions to form quorum requiring presence of all 4 Members, for holding the General Meetings as well as for holding the meetings of the Board of Directors. It further appears that on 23-4-2012 a notice was issued by the Respondent No.2 (chairman..

Category: Company Law | Date: 31 Jul, 2012 | Hits: 16

Energy Prima Ltd Vs. People's Republic of Bangladesh and others, 2012, 41 CLC (HCD)

....d to enjoy the fiscal facilities as envisaged in the said Policy. 6. That the Power Cell as Constituted under the said Power Policy through the Respondent No. 2 i.e. Bangladesh Power Development Board (BPDB) invited tender for design, finance, insure, build, own, operate and maintenance of 50 M......anted earlier by this Court is hereby vacated accordingly. There is no order as to costs. Communicate this judgment at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 67 ..

Category: Business or Commercial Law, Constitutional Law | Date: 29 Jul, 2012 | Hits: 6

Faizur Rahman (Md.) and another Vs. Mokarram Hossain and others, 2012, 41 CLC (HCD)

....de by a Revenue officer sub­ordinate to the Collector; (b) to the Commissioner of the division, when the order is made by the Collector of a district within the division, and (c) to the Board of Land Administration when the order is made by the Commissioner of a division. 20. It a......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.   ..

Category: Property Law | Date: 25 Jul, 2012 | Hits: 10

A.N. Istiaq Ahmed Vs. Abdus Salam Khan and others, 2012, 41 CLC (AD)

....5.07.2005. Federation’s constitution has given birth to two chambers, namely: (1) the General Council, aptly citable as the Electoral College and (2) the Executive Committee, which is, in fact, the Board of Governors of the Federation. The constitution has also designated three office bearers, nam...... Commission with Mr. Kamal-ul Alam, a senior Advocate of this Court as its Chairman and Mr. Shafique Anwar: Secretary, National Sports Council suggested by Mr. Rokanuddin Mahmud and Mr. Abdur Rahman: Director, Planning– National Sports Council suggested by Mr. Rafique-ul Huq as its members. 13..

Category: Civil Law | Date: 19 Jul, 2012 | Hits: 147

Md. Mozaffor Hossen and another Vs. Government of the People’s Republic of Bangladesh and others, 2012, 41 CLC (HCD)

....lier is hereby vacated and the trial court concern is accordingly directed to proceed with the case in accordance with law. Abdur Rob J. - I agree. Ed. This Case is also Reported in: ......the same in Form-4 of the schedule to the authority concern. If for a reasonable ground he fails to complete the investigation within the said period he has to file application with reason before the Director concern before expiry of the said 45 working days with prayer to grant additional time. If ..

Category: Anti-Corruption Laws | Date: 18 Jul, 2012 | Hits: 23

Marsu Ltd and another Vs. Waliullah, FCA, Partner of M/s. Malek Siddique Wali Chartered Accountant and Receiver of Marsu Ltd, 2012, 41 CLC (HCD)

....mplying with an order passed by this Court on 2-5-2012, in company Matter No. 116 of 2006, whereby the contemner (as receiver) was directed to hand over the management of the company to the incumbent Board of directors alongwith all papers and docu­ments as were taken into their custody by the r......is acquitted from the charges brought against him. The Rule is disposed of accordingly. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 237       ..

Category: Contempt of Court Law | Date: 10 Jul, 2012 | Hits: 5

City Bank Ltd Vs. Labour Appellate Tri¬bunal and others, 2012, 41 CLC (HCD)

....xpected to take care of the unnecessary delay, if any, attempted by the petitioner in disposal of the appeal pending before him. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 471 ......sted with stock exchange. The respon­dent No. 4 is the proposed trade union of the peti­tioner bank Karmachari Union while the respon­dent Nos. 2 and 3 are the Labour Court and the Labour Director respectively; the respondent No. 4 filed an application under section 178(1) of Bangladesh ..

Category: Constitutional Law, Labour and Industrial Law | Date: 7 Jul, 2012 | Hits: 2

Ancient Traders Limited and others Vs. Chittagong Port Atuthority, 2012, 41 CLC (HCD)

....nce) to facilitate the growth and progress of the port. Section 5(1) of the said Ordinance provides that the general direction and management of the respondent No.1 and its affairs shall vest in a Board which may exercise all powers and do all acts and things which may be exercised by the respon......general cargo vessels ; (iii) Fifteen Stevedoring firms would be selected for operating as Ship handling Operators at the outer anchorage of CP; (iv) A committee, comprising the Director (Traffic) of Chittagong Port Authority (in short, CPA) as the Convener the Chittagong Cham..

Category: Others | Date: 21 Jun, 2012 | Hits: 20

Dr. Tapan Kumar Dey Vs. State, 2012, 41 CLC (AD)

....controversial matters.” In view of the above, we find no merits in the leave petition. Accordingly the same is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 1. ......f the High Court Division in Criminal Miscellaneous Case No.10454 of 2008 discharging the Rule. 2. Facts necessary for disposal of this leave petition are that one Md. Abul Kalam Azad, Deputy Director, Durnity Daman Commission, on 18-12-2007, lodged a First Information Report (FIR) against ..

Category: Anti-Corruption Laws | Date: 14 Jun, 2012 | Hits: 10

Bangladesh Biman Corporation and others Vs. Riaz Uddin Ahmed and others, 2012, 41 CLC (AD)

....n against him for causing huge financial loss to Biman in his self-interest and also for his financial gain by overwrit­ing and tampering 3 (three) indents where­by previous purchase price of Ivory Board Papers were increased. The writ petitioner denied the allegations by his reply dated 05.04.199......arged by the judgment delivered on 27.01.2002. Thereafter the petitioner was dismissed by the respondent No.1 by the impugned let­ter (annexure-Q). The petitioner filed an appeal before the Managing Director of Biman by an application dated 04.02.2002 (annexure-R) but got no response and as such af..

Category: Administrative Law | Date: 5 Jun, 2012 | Hits: 388

Abul Kashem Vs. Major General Mahmudul Hasan (Rtd.) and others, 2012, 41 CLC (AD)

.... Civil Procedure. In the light of the above, no interference is called for. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 160. ...... under memo No. BBA/ GAD-1/14930 stating that the petitioner was a bank loan defaulter for an amount of Tk.15,44,32,437.31 as on 30-11-2008. 4. The second source was a letter issued by the Joint Director of Credit Information Bureau (shortly,CIB) of the Bangladesh Bank, (Respon­dent No.8) u..

Category: Election Law | Date: 5 Jun, 2012 | Hits: 217

Mehedi Hasan @ Modern (Md.) and others Vs. State, 2012, 41 CLC (AD)

....e opposite parties appeared to contest the Rule. The detenue appeared through a privately engaged lawyer to contest the Rule. The question for deter­mination was the age of the detenue. A medical Board was formed at the direction of the High Court Division which after examining the detenue opine......000 each in default to suffer rigorous imprisonment for 3(three) months more. The Jail Petition is disposed of accordingly. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 111. ..

Category: Criminal Law, Women and Children | Date: 3 Jun, 2012 | Hits: 30

Bangla Phone Limited Vs. Huawei Tech Investment Ltd. and another, 2012, 41 CLC (HCD)

....the service rendered by the respondent company to the petitioner may be finally adjudicated by the SIAC Arbitration. However, there shall be no order as to costs. This Case is also Reported in: ......s. This Case is also Reported in: ..

Category: Arbitration Law | Date: 3 Jun, 2012 | Hits: 61

PHP Float Glass Industries Ltd Vs. Commissioner Customs, Excise and VAT and others, 2012, 41 CLC (HCD)

....d others.......Respondents Judgment May 30, 2012. Result: The rule is made absolute. Cases Referred to- Chittagong Cement Clinker Grinding Co. Ltd. Vs. Chairman National Board of Revenue, 60 DLR 287 and Commissioner of Customs, Excise and VAT Vs. Customs Excise and VAT ......further order of orders passed as to this Court may seem fit and proper. 2. The facts in the writ petition in short are that the petitioner, a Private Limited Company represented by its Managing Director, established a factory for manufacturing Float Glass by using silica sand, the main raw mat..

Category: Fiscal/Taxation Law | Date: 30 May, 2012 | Hits: 3

Government of Bangladesh and others Vs. Nurul Amin and anothers, 2012, 41 CLC (AD)

.... 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 ...... 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 ..

Category: Constitutional Law | Date: 29 May, 2012 | Hits: 5

Md. Mintu Chowdhury Vs. Khurshid Nayeem and others, 2012, 41 CLC (AD)

....titioners (hereinafter referred to as-the writ-petitioners) filed Writ Petition No.3229 of 2004 before the High Court Division challenging the order dated the 9th December, 2003 passed by the Full Board of the Land Appeal Board (writ-respondent No.1) in Case No.3-1 08/95 (Review) Dhaka, the orde......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. ..

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)

....ge its property in order to secure any loan which may be availed by the company. 3. The learned Advocate Mr. A.K.M. Fazlul Hoque, further submits that in order to make the company vibrant the Board of Director resolved to adopt new business venture. Moreover to get finance from the loan giv......operty in order to secure any loan which may be availed by the company. 3. The learned Advocate Mr. A.K.M. Fazlul Hoque, further submits that in order to make the company vibrant the Board of Director resolved to adopt new business venture. Moreover to get finance from the loan giving agenc..

Category: Company Law | Date: 28 May, 2012 | Hits: 32

H.B. Plastic Industry Vs. Hyundai High Tech Co. Ltd. and others, 2012, 41 CLC (HCD)

.... that they will address the matter and shall not encase the L/C amount. However, the petitioner intends to invoke the arbitration clause for which the petitioner sent notice to the Korean Arbitration Board but nothing happened thereafter although the Korean Arbitration Board has assured the petition......ifteen days from the submission of the certified copy of the instant judgment by the petitioner to their end. However, there shall be no order as to costs. Ed. This Case is also reported in: ..

Category: Alternative Dispute Resolution | Date: 28 May, 2012 | Hits: 56

Topon Kumar Roy Vs. Bangladesh and others, 2012, 41 CLC (HCD)

.... the disposal of this Rule, are as follows; Alaipur (Degree) College, Post Office-Alaipur, Upazila-Rupsha, District-Khulna established in the year 1994 having College Code No. 3679 from Rajshahi Board and Code No.0311 from National University. The afore­said college was granted Monthly Pay ...... of lecturer of Social Science in Higher Secondary Level (vacant post). Accordingly, authority of the said college constituted a Selection Board as per the guidelines of the Ministry of Education and Directorate of the Secondary and Higher Secondary Education com­prising Mr. Dipanker Haider. Pri..

Category: Administrative Law, Constitutional Law | Date: 24 May, 2012 | Hits: 8