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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   ......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   ......ka and others...................Respondents Judgment    July 28, 2013.    Result: All the Petitions the Rules Nisi are discharged. Cases Referred to- General Manager, Hotel Inter Continental Dacca 2nd Labour Court, 28 DLR 160; Railway Men's Store..

Category: Labour and Industrial Law | Date: 28 Jul, 2013 | Hits: 7

Md. Lokman Hakim and Others Vs. National Board of Revenue and others, 2013, 42 CLC (HCD)

....o the writ petitioners. In the result, these rules are made absolute.   However, there shall be no order as to cost. Mohammad Ullah J. - I agree. This Case is also Reported in: ......o the writ petitioners. In the result, these rules are made absolute.   However, there shall be no order as to cost. Mohammad Ullah J. - I agree. This Case is also Reported in: ......eferred to- Writ Petition No. 9729 of 2012; Writ Petition No.9729 of 2012. Lawyers Involved Meah Mohd. Kawsar Alam, Advocate-For the writ-petitioners. S. Rashed Jahangir, Deputy Attorney General with Ms. Nurun Nahar, Assistant Attorney General with Saikat Basu, Assistant Attorney Genera..

Category: Fiscal/Taxation Law | Date: 25 Jul, 2013 | Hits: 121

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: ......te 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 Managing Director of the company is responsible for the acts done in the name...... 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: ..

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. ...... 2.  Let the supplementary affidavit do from part of the substantive application. 3. It has been stated in the application, amongst others that the petitioner No.1 is a share­holder-Director of the respondent No.1 company holding 10,000 ordinary shares of Taka 100 each. The petitio......location of shares to the respondent Nos. 3 to 5 as well as appointment of the respondent Nos. 4 and 5 as directors, without issuing any notice, without Board Meeting, with­out any Extra-ordinary General Meeting (EGM) or consent of the petitioners, is a violation of sec­tion 455 of the Compa..

Category: Company Law | Date: 24 Jul, 2013 | Hits: 10

Bangladesh Development Bank Limited Vs.Judge, Artha Rin Adalat, Jessore and others, 2013, 42 CLC (HCD)

....respondents No.2-4 treating the same as a proper miscellaneous case after hearing both sides forthwith. Communicate at once. Ed. This Case is also Reported in: 66 DLR (HCD) (2013) 1. ......ri Case No. 9 of 2005 in the Adalat and in due compliance of law got a certificate under section 33(7) of the Artha Rin Adalat Ain, 2003 (here­inafter referred to as Ain). Subsequently one of the Director, namely, Abul Kalam Azad filed applications dated 7-7-2011 and 11-7-2011 with the petitione......respondents No.2-4 treating the same as a proper miscellaneous case after hearing both sides forthwith. Communicate at once. Ed. This Case is also Reported in: 66 DLR (HCD) (2013) 1. ..

Category: Banking Law | Date: 24 Jul, 2013 | Hits: 10

Mati alias Md. Matiar Rahman Vs. State, 2013, 42 CLC (AD)

....304 of the Penal Code, he is hereby sentenced to rigorous imprisonment for ten years. The sentence imposed by the High Court Division is accordingly modified. Ed. This Case is also Reported in: ......304 of the Penal Code, he is hereby sentenced to rigorous imprisonment for ten years. The sentence imposed by the High Court Division is accordingly modified. Ed. This Case is also Reported in: ..............Respondent Judgment July 23, 2013. Result: The appeal is allowed. Lawyers Involved: Muhammad Nawab Ali, Advocate-on-Record-For the Appellant. Shohrowardi, Deputy Attorney General, instructed by B. Hossain Advocate-on-Record-For Respondent. Criminal Appeal No.51 of 200..

Category: Criminal Law | Date: 23 Jul, 2013 | Hits: 88

Shahnaz Parveen and others Vs. Bangladesh, represented by the Secretary, Ministry of Heath and Family Welfare Dhaka and others, 2013, 42 CLC (HCD)

....e benefits to the petitioners counting their service period in the development project. There will be no order as to costs. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 157 ......e budget by order of the Ministry of Health and Family Welfare vide its Memo No. Proba-1/Rajaswa-3/2006/484 dated 11-6-2006. Thereafter their posts were regularized temporarily by office order of the Director General, Directorate of Health Services, Department of Health, Mohakhali, Dhaka vide Memo N......by order of the Ministry of Health and Family Welfare vide its Memo No. Proba-1/Rajaswa-3/2006/484 dated 11-6-2006. Thereafter their posts were regularized temporarily by office order of the Director General, Directorate of Health Services, Department of Health, Mohakhali, Dhaka vide Memo No.Sha: Ad..

Category: Administrative Law, Employment/Service Law | Date: 8 Jul, 2013 | Hits: 3

Ayurvedia Pharmacy (Dhaka) Ltd. Vs. Meher Banu Bibi and others, 2013, 42 CLC (AD)

....in which deserves our interference. In that view of the matter the petition for leave to appeal is hereby dismissed Ed. This Case is also Reported in: 21 BLT (AD) (2013) 229. ...... laid down in section 21A(b) of the Specific Relief Act, 1877. 2. In short the case of the plaintiff-petitioner is as follows: Ayurvedia Pharmacy (Dhaka) Ltd., represented by its Managing Director, A.P.M. Fakrul Islam Munshi of 8/1 and 8/2, Armenian Street under P.S. Kotwali, Dhaka ent......in which deserves our interference. In that view of the matter the petition for leave to appeal is hereby dismissed Ed. This Case is also Reported in: 21 BLT (AD) (2013) 229. ..

Category: Civil Law | Date: 7 Jul, 2013 | Hits: 13

Zahirul Islam @ Dipu (Md.) Vs. State, 2013, 42 CLC (AD)

....f the Penal Code. The respondent is directed to set them at liberty at once if they are not wanted in any other case. Ed. This Case is also Reported in: 20 BLC (AD) (2015)129.   ......f the Penal Code. The respondent is directed to set them at liberty at once if they are not wanted in any other case. Ed. This Case is also Reported in: 20 BLC (AD) (2015)129.   ......ost on similar standings, got order of acquittal, the order of conviction of the appellants is not sus­tainable in the eye of law. 10. Mr. Momtaz Uddin Fakir, the learned Additional Attorney-General appearing on behalf of the respondent, submits that the evi­dence of the P. Ws.1 and 2 t..

Category: Criminal Law, Evidence Law | Date: 20 Jun, 2013 | Hits: 3

Wadud Mollah (Md.) Vs. Md. Nayem and Another, 2013, 42 CLC (AD)

....h the above observations. Let a copy of this judgment be communi­cated to the learned Judges of the High Court Division. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 93. ......h the above observations. Let a copy of this judgment be communi­cated to the learned Judges of the High Court Division. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 93. ......h the above observations. Let a copy of this judgment be communi­cated to the learned Judges of the High Court Division. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 93. ..

Category: Criminal Law | Date: 17 Jun, 2013 | Hits: 3

Moulana Development Co. Limited Vs. National Board of Revenue and others, 2013, 42 CLC (HCD)

....t relates to the previous assessment years other than the current assessment years. However, there shall be no order as to costs. Mohammad Ullah J. - I agree. This Case is also Reported in: ......urt Division (Special Original Jurisdiction) Present: AFM Abdur Rahman J Mohammad Ullah J Moulana Development Co. Limited, 980/Access road, Agrabad Chittagong represented its Managing Director Muhammad Abdul Quader Zilany…....Petitioner Vs. 1. National Board of Revenue, NBR B...... Judgment June 12, 2013. Result: The rule having merit, is made absolute. Lawyers Involved: Mosharaf Hossain, Advocate-For the writ-petitioner. S. Rashed Jahangir, Deputy Attorney General with Ms. Nurun Nahar, Assistant Attorney General with Saikat Basu, Assistant Attorney Genera..

Category: Fiscal/Taxation Law | Date: 12 Jun, 2013 | Hits: 86

Golam Rasul Belal Vs. Habibullah Shakir and another, 2013, 42 CLC (AD)

....t, 1881, now pending in the Court of Metropolitan Magistrate, Dhaka shall proceed in accordance with law. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 58.     ......t, 1881, now pending in the Court of Metropolitan Magistrate, Dhaka shall proceed in accordance with law. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 58.     ...... of the date of receipt of the notice is not at all material for quashing the proceeding under section 138 of the Negotiable Instrument Act, 1881, keeping in view the provisions of sec­tion 27 of General Clauses Act, 1897 which con­templates that the service of a document by post shall be de..

Category: Criminal Law | Date: 11 Jun, 2013 | Hits: 10

Grameen Telecom Vs. Commissioner of Taxes, 2013, 42 CLC (HCD)

....o be admitted and heard on merit by the Commissioner of Taxes (Appeal), immediately. However, there shall be no order as to costs. Mohammad Ullah J. -I agree. This Case is also Reported in: ......e is also Reported in: ...... Income Tax Reference Application is allowed. Lawyers Involved: Sarder Jinnat Ali, Adocate with A.B.M. Fazlur Rashid, Advocate-For the Assessee-applicant. S. Rashed Jahangir, Deputy Attorney General with Ms. Nurun Nahar, Assistant Attorney General with Saikat Basu, Assistant Attorney Genera..

Category: Fiscal/Taxation Law | Date: 5 Jun, 2013 | Hits: 86

Hasan Chowdhury (Md.) Vs. Bangladesh Bank and others, 2013, 42 CLC (HCD)

....nd also to communicate the compli­ance of our direction to the Registrar of the Supreme Court without any fail. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 533.   ......een made without lawful authority and is of no legal effect and further, as to why the respondent Nos. 1-5 shall not be directed to take appropriate action against the respondent No.6 and 7, Managing Director, Standard Bank Ltd. for non-payment of documentary bill under L/C No. 1810-12-99-0027 dated......the petitioner by filing-affidavit-in-reply in paragraph 3 of the same. 5. Mr. Khurshid Alam Khan the learned Advocate appearing for Ms. Nahid Mahtab, the learned counsel for the respondent No.3 General Manager, Foreign Exchange Policy Department (Import Policy Department) Bangladesh Bank on th..

Category: Banking Law | Date: 2 May, 2013 | Hits: 3

Sheikh Shahadat Hossain (Md.) Vs. National Board of Revenue, and others, 2013, 42 CLC (HCD)

....vision in view of sub-section (3) of Section 196G of the said Act. Send down the record of the lower authority. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 522   ......s. Zubed Ali, 26 DLR (AD) 1; Zamil Hoque Vs. Bangladesh, 34 DLR (AD) 125; Md Ismail Vs. State, PLD 1969 (SC) 241; Mahmudul Hoque Vs. Shamsul Alam, 36 DLR (AD) 171; IRC Vs. Hinchy (1960) 1 All ER 505; Director of Public Prosecution Vs. Schildkmp (1969) 3, All ER 1940; Moharani of Burdwan Vs. Krishna ......vision in view of sub-section (3) of Section 196G of the said Act. Send down the record of the lower authority. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 522   ..

Category: Fiscal/Taxation Law | Date: 25 Apr, 2013 | Hits: 2

JIT Knit Composite Ltd Vs. Government of Bangladesh and others, 2013, 42 CLC (HCD)

....in stayed. With this observation and direction the Rule is made absolute. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 480.   ......in stayed. With this observation and direction the Rule is made absolute. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 480.   ...... Vs. Bangladesh Bank 20 B L D (AD) 32 = 52 DLR (AD) 61. Lawyers Involved: Bashir Ahmed, Advocate—For the Petitioner SM Moniruzzaman, DAG with Pratikar Cliakma, Assistant Attorney-General—For the Respondents. Writ Petition No.11021 of 2012. Judgment Md. Ashfa..

Category: Banking Law, Company Law | Date: 25 Apr, 2013 | Hits: 11

Bureau Veritas (BIVAC) Bangladesh Ltd. Vs. Customs Excise and Vat Appellate Tribunal, Dhaka and others, 2013, 42 CLC (HCD)

....the Commissioner of Customs, Chittagong is set aside. Communicate the judgment and send down the records. Mohammad Bazlur Rahman J. - I agree. Ed. This Case is also Reported in: ......the Commissioner of Customs, Chittagong is set aside. Communicate the judgment and send down the records. Mohammad Bazlur Rahman J. - I agree. Ed. This Case is also Reported in: ...... April 24, 2013. Result: The customs appeal is allowed. Lawyers Involved: MA Azim Khair with Md. Iqbal Hossain, Advocates-For the Appellant. Goutam Kumar Roy, Deputy Attorney General with Protikar Chakma, Assistant Attorney General-For the respondent. Customs Appeal No...

Category: Fiscal/Taxation Law | Date: 24 Apr, 2013 | Hits: 186

Tajul Islam and others Vs. Billal Hossain and another, 2013, 42 CLC (AD)

....e appellants shall appear before the Sessions Judge, Chandpur and till then the bail granted by this court will continue. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 165. ......e appellants shall appear before the Sessions Judge, Chandpur and till then the bail granted by this court will continue. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 165. ...... Nurul Huda Vs. Baharuddin and others 41 DLR 395; 37 DLR 18; 37 DLR 18. Lawyers Involved: N I Bhuiyan, Advocate-on-Record-For the appellants. Momtaz Uddin Fakir, Additional Attorney General Instructed by B. Hossain, Advocate-on-record- For the State, respondent No.2. Criminal..

Category: Procedural Law | Date: 16 Apr, 2013 | Hits: 8

Bangladesh Inland Water Transport Au¬thority (BIWTA) Vs. Bangladesh & others, 2013, 42 CLC (HCD)

....ind that the instant writ petition is not maintainable. Accordingly, this Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 535 ......ind that the instant writ petition is not maintainable. Accordingly, this Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 535 ...... discharged. Lawyers Involved: SM Rezaul Karim with Sheikh Fazle Noor Taposh with Abdur Razzak with Afia Begum, Advocates—For the Petitioners. Abdus Salam Mondol, Deputy Attorney-General with Bahauddin Ahmed Assistant Attorney-General—For the Respondent Nos.1—4. ..

Category: Constitutional Law | Date: 15 Apr, 2013 | Hits: 3

Iftekharul Karim (Md.) Vs. State, 2013, 42 CLC (HCD)

....etropolitan Sessions Judge, Dhaka, and learned Special Judge, 3rd Court, Dhaka. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 211.         ......earned Sessions Judges of various districts have been committing the similar mistake. 45. In view of the above, we direct the Secre­tary Ministry of Law Justice and Parliamentary Affairs and Director General, Judicial Training Institution to take proper steps to give adequate guide line, kn......of Bhopal PLD 1957 Supreme Court (India) 406. Lawyers Involved: Cumar Debul Dey with Mr. Sheikh Omar Sharif, Advocates—For the Petitioner. Momtaz Uddin Fakir, Additional Attorney-General with MH Sarder, DAG Gazi Md. Mamunur Rashid, AAG Md Asaduzzaman, Assistant Attorney-General&..

Category: Criminal Law | Date: 4 Apr, 2013 | Hits: 4