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Sadharan Bima Corporation, Sadharan Bima Bhaban, 33, Dilkusha Commercial Area, Dhaka and another Vs. Messrs Ahad Jute Mills Ltd. and others, 2016, 45 CLC (HCD)

....end down the Lower Court’s Record with a copy of this judgment to the concerned Court immediately. Soumendra Sarke J. — I agree. Quazi Reza-Ul Hoque J.—I agree. Ed. ......end down the Lower Court’s Record with a copy of this judgment to the concerned Court immediately. Soumendra Sarke J. — I agree. Quazi Reza-Ul Hoque J.—I agree. Ed. ..

Category: Arbitration Law, Civil Law | Date: 29 Mar, 2016 | Hits: 142

RNR GNG Refuelling and Filling Station Limited Vs. General Manager, Comilla Palli Bidyut Samittee-1 and Others, 2016, 45 CLC (HCD)

....1) or any other Act, any dispute arising between the licensees, or licensees and consumers, shall be referred to the Commission for its settlement: Provided that a contract, executed between the Government or any of its agency and a private company, in respect of energy, immediate before this A......it and proper. 2.  The case of the petitioner, in short, is as follows: The petitioner is a limited company engaged in the business of running CNG Filling Station and thereby providing service to CNG-run vehicles. However, on 28-9-2012, a team of the respondent No.1 inspected the peti..

Category: Administrative Law, Constitutional Law | Date: 1 Feb, 2016 | Hits: 3

Khulna Printing and Packaging Limited Vs. Government of the People's Republic of Bangladesh, 2016, 45 CLC (HCD)

....Sheikh Hassan Arif J Abu Taher Md. Saifur Rahman J Khulna Printing and Packaging Limited…………………………Petitioner Vs. Government of the People's Republic of Bangladesh and Ors……….Respondent ......6615010629 12-7-2015 C 1159394 7-11-2015 Ed.  This Case is also Reported in: 68 DLR (HCD) (2016) 197   ..

Category: Fiscal/Taxation Law | Date: 27 Jan, 2016 | Hits: 0

Tariqul Islam Vs. Bangladesh and Others, 2016, 45 CLC (HCD)

....f the Rule, in brief, are: The petitioner is a citizen of Bangladesh and he was the Minister and also the member of the parliament. The petitioner was given a passport being No. A-0158834 by the Government and he used that passport and travelled different countries of the world on many occasion......o the sovereignty, integrity or security of Bangladesh; (b) that the applicant, in the opinion of the Government, is reasonable suspected of evading or attempting to evade the duty to render any service which, under any law, he is required to render in the public interest; (c) that the iss..

Category: Administrative Law | Date: 14 Jan, 2016 | Hits: 1

Yeamin Nobi (Md.) and others Vs. Moklesur Rahman and others, 2015, 44 CLC (HCD)

....8 of Kushtia Pourashava paying separate Tax and opposite party No. 1, Rezaun Nobi was also living in divid­ed land under separate holding No. 8/1 of Kushtia Pourashava, paying separate Tax to the Government. The petitioner, Yamin Nobi also sold some land from his share of the disputed plot to ot......sed without any order as to cost. Let a copy of this judgment along with the lower Court's record be sent down at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 281 ..

Category: Civil Law, Procedural Law | Date: 11 Dec, 2015 | Hits: 36

Ali Ahsan Muhammad Mujahid Vs. The Government of Bangladesh, 2015, 44 CLC (HCD)

....tana J Syed Mahmud Hossain J Hasan Foez Siddique J Ali Ahsan Muhammad Mujahid…………………………Appellant Vs. The Government of Bangladesh represented by the Chief Prosecutor, International Crimes Tribunal, Dhaka, ......has been affirmed by the Appellate judgment. We do not find any illegality in our Appellate judgment. Hence, the review petition is dismissed. Ed. This case is also Reported in: ..

Category: International Crimes Tribunal Law | Date: 18 Nov, 2015 | Hits: 111

Nurun Nabir Sarker Vs. Secretary, Ministry of Education and Others, 2015, 44 CLC (HCD)

....te. Case Referred to- Bangladesh Live Stock Research Institute Vs. Dr. Md. Jahangir Alam Khan, 2012 (XX) BLT (AD) 239; Zulfiker Mahmud Vs.National University, 60 DLR 40; Md. Jashimuddin Vs. Government of the PRBi, Writ Petition No. 1897 of 2014. Lawyers Involved: Humayun Kabir, A......ose of the application filed by the petitioner on 22-3-2015 before them (Annexure-C to the application), praying for taking necessary action against the order of suspension of the petitioner from his service as the Headmaster. Uzan Teura TUM High School, Sundargonj, Gaibandha under rule 38(3) of the..

Category: Administrative Law, Employment/Service Law | Date: 10 Nov, 2015 | Hits: 0

City Vegetable Oil Mills Ltd Vs. Commissioner, Customs, Excise & Vat and Others, 2015, 44 CLC (HCD)

....Haque and Hasan Rajib Prodhan, Advocates—For the Petitioner in both Writ Petitions.   Israt Jahan, DAG and Shuchira Hossain, AAG and Nurun Nahar, AAG—For the Government in both Writ Petitions. Writ Petition Nos. 3203 and 3205 of 2004 Judgment ......- (৪)---------------------------------- (Underlines supplied) 10. Thus, it appears from section 9 of the VAT Act, 1991, that the supplier of goods, businessmen and providers of service are entitled to rebate on raw materials except in cases mentioned under different sub-clause..

Category: Fiscal/Taxation Law | Date: 30 Aug, 2015 | Hits: 5

Turfatur Ain Chowdhury Vs. Artha Rin Adalat Dhaka and Others, 2015, 44 CLC (HCD)

..... Office is directed to send a copy of this judgment to Artha Rin Adalat No.1, Dhaka (respondent No. 1) at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 81   ......ant provision of the Mahomedan Law, the petitioner will be eligible to inherit the property of her deceased father only after paying off all the debts, necessary expenses for carrying out the funeral service & other rituals, payments towards offsetting the service charges/remuneration/promise ma..

Category: Constitutional Law, Procedural Law | Date: 25 Aug, 2015 | Hits: 4

Tufail K. Haider Vs. Extra Assistant Commissioner of Taxes and Others, 2015, 44 CLC (HCD)

....sed without lawful authority and are of no legal effect. Accordingly, and the same are struck down. Communicate this. Ed.  This Case is also Reported in: 68 DLR (HCD) (2016) 105 ......sed without lawful authority and are of no legal effect. Accordingly, and the same are struck down. Communicate this. Ed.  This Case is also Reported in: 68 DLR (HCD) (2016) 105 ..

Category: Fiscal/Taxation Law | Date: 24 Aug, 2015 | Hits: 2

Salauddin Qader Chowdhury Vs. Chief Prosecutor, International Crimes Tribunal, Dhaka, Bangladesh, 2015, 44 CLC (AD)

....some documents and alamats, exts. 31 series, 32 series and 33 series; Mollah Abdul Hye, another police officer, to prove ext. 35 series; Md Kawsar Shaikh (P.W.40) book-sorter of Chittagong Divisional Government Library to prove exts. 36 series, 37 series, 38 series, 39 series and Md Nurul Islam (P.W......lowed at that time due to shortage of doctors and nurses. His claim of compelling to depose by the prosecution against Salauddin Qader Chowdhury on 21 st April is not believable because he was not in service. He was under no obligation to depose out of pressure. 116. More so, no suggestion was ..

Category: International Crimes Tribunal Law | Date: 29 Jul, 2015 | Hits: 38

Shamsun Nahar Begum Shelly Vs. Bangladesh and Others, 2015, 44 CLC (HCD)

....ession shall not of itself suffice to treat the property as abandoned…….. (15) Service Notice is a Requirement — Non-service of notice as required by law disentitled the Government-Respondent to claim that the property was legally declared abandoned and enlisted in the ......mere temporary or occasional absence of physical possession shall not of itself suffice to treat the property as abandoned…….. (15) Service Notice is a Requirement — Non-service of notice as required by law disentitled the Government-Respondent to claim that the propert..

Category: Abandoned Properties Law | Date: 8 Jul, 2015 | Hits: 5

Esrarul Huq Chowdhury Vs. Government of the People's Republic of Bangladesh and Others, 2015, 44 CLC (HCD)

....Jurisdiction) Present: Md. Rezaul Hasan J Farid Ahmed J Esrarul Huq Chowdhury……………………….Appellants Vs. Government of the People's Republic of Bangladesh and Others………..Respondent......n that he should refrain from doing any illegal activities by abusing his official power. No order as to cost. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 173.   ..

Category: Constitutional Law, Property Law | Date: 28 Jun, 2015 | Hits: 1

Immam Hossain Sawdagor and others Vs. Abul Hashem and others, 2015, 44 CLC (AD)

....osed of by the Bench presided over by Nozrul Islam Chowdhury, J. within 2(two) months from the date of receipt of this judgment. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 266. ......spite of Summons upon him and did not file any written statement, can con­test an Appeal— In the Code there is no provision that a defendant, who did not appear in the suit inspite of service of summons upon him and did not file any written statement, cannot con­test an appeal fi..

Category: Civil Law, Procedural Law | Date: 15 Jun, 2015 | Hits: 12

Sarwar Alam Chowdhury Vs. Government of the People’s Republic of Bangladesh & others, 2015, 44 CLC (HCD)

....al Jurisdiction) Present: Zinat Ara J J.N. Deb Choudhury J Sarwar Alam Chowdhury being dead his legal heirs: 1(ka) Fazilatun Nessa Mimi and others. ......Petitioners Vs. Government of the People’s Republic of Bangladesh represented by the Secretary, Ministry of Ho...... Khatun were present in Bangladesh on 28.02.1972 and consequent thereupon the property having had assumed the character of abandoned property, the listing of the property in question, even if without service of notice as per provision of Ordinance No. 54 of 1985, is not material as the property beca..

Category: Abandoned Properties Law | Date: 27 May, 2015 | Hits: 35

Anwarul Islam (Md.) Vs. Bangladesh, represented by the Secretary, Ministry of Education and Others. 2015, 44 CLC (HCD)

....cept the apology made on behalf of the then Dhaka Board, Chairman and exempt her from imposing any fine. Ed.   This Case is also Reported in: 15 BLC (HCD) (2010) 349   ......cept the apology made on behalf of the then Dhaka Board, Chairman and exempt her from imposing any fine. Ed.   This Case is also Reported in: 15 BLC (HCD) (2010) 349   ..

Category: Administrative Law | Date: 26 May, 2015 | Hits: 1

Abdul Monayem Lili Vs. Judge, Artha Rin Adalat & others, 2015, 44 CLC (HCD)

....rder of stay granted earlier by this Court is hereby recalled and vacat­ed. Communicate this order at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 358   ......lf of the respondent No.2 bank and considered his submission and also perused the petition, impugned auction notice and other materials on record carefully. To appreciate the submission pressed in to service by the counsel for the respondent it would be profitable to quote sections 33(1) and 48 of t..

Category: Banking Law | Date: 25 May, 2015 | Hits: 0

Mahmudul Islam Vs. Anti-Corruption Commi¬ssion and others, 2015, 44 CLC (HCD)

.... copy of this judgment be forwarded to the Chairman, Anti-Corruption Commission forthwith. Communicate at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 361   ......5) as Vat against the aforesaid two payments. The petition­er gave a reply on 15-11-2009 denying the liabil­ity stating that VAT being an indirect tax is payable by the ACC as receiver of the services and also contended that the ACC illegally deduct­ed1 a sum of Taka 33,725 as VAT as ack..

Category: Anti-Corruption Laws, Fiscal/Taxation Law | Date: 18 May, 2015 | Hits: 2

Government of Bangladesh and oth¬ers Vs. Ashraf Ali, 2015, 44 CLC (AD)

....ed in: 67 DLR (AD) (2015) 263   ......osed of. Accordingly, the appeal is disposed of with the observations and direction made in the body of the judgment. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 263   ..

Category: Administrative Law | Date: 12 May, 2015 | Hits: 6

Bangladesh Legal Aid and Services Trust (BLAST) and others Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs, Dhaka and others, 2015, 44 CLC (AD)

....d perhaps most important, is the highly unusual circumstances that, for obvious reason, the question of the appellants’ fate is so politically charged that it is hardly reasonable to expect any Government of Grenada, even 23 years after the tragic events of October 1983, to take an objective v...... There shall be no mandatory sentence of death in respect of an offence of murder committed by an offender who is under a sentence of life imprisonment. Ed. This Case is also Reported in: ..

Category: Criminal Law, Women and Children | Date: 5 May, 2015 | Hits: 83