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....2014 for resolution of the dispute between the petitioner-company and the respondent No.1 through arbitration.
Ed.
This Case is also Reported in: 68 DLR (HCD) (2016) 165
....... Rokanuddin Mahmud and Mr. Mohammed Faridul Islam, learned Advocates appearing on behalf of the petitioner-company, submit that although the Bangladesh Energy Regulatory Commission Act, 2003 contain provisions in section 40 as to settlement of any dispute between the licensees, or license..
Category: Administrative Law, Constitutional Law | Date: 1 Feb, 2016 | Hits: 3
....6615010629
12-7-2015
C 1159394
7-11-2015
Ed.
This Case is also Reported in: 68 DLR (HCD) (2016) 197
......cting the concerned Customs Stations not to allow any export and import of the petitioner alleging that the petitioner was not cooperating with the inquiry committee and, thereby, it had violated the provisions under section 13(1) of the Customs Act, 1969, conditions of the bond license as..
Category: Fiscal/Taxation Law | Date: 27 Jan, 2016 | Hits: 0
Tariqul Islam Vs. Bangladesh and Others, 2016, 45 CLC (HCD)
....seven) days from the date of receipt of a copy of this judgment. There is, however, no order as to costs. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 150 ......ys the powers to grant or refuse passport to any person. For proper appreciation section 6(1) (2) of the Order, 1973 is quoted below which runs as under: Section 6--Subject to the provisions of this Order, the passport authority. (1) may refuse to issue a passport or travel docum..Category: Administrative Law | Date: 14 Jan, 2016 | Hits: 1
State Vs. Md. Golam Rabbani, 2016, 45 CLC (HCD)
....nst him. Besides this; the viscera examination report was also pointed out from the side of the learned trial Judge and after taking proper attention on the evidence of the witnesses he has asked the mandatory questions among which there was definite question as to whether the condemned-prisoner wil......abbani has played a mysterious role to mislead the cause of death of his wife the deceased Shirina Khatun. The facts remains that the principle enunciated in a case of wife killing comes out from the provisions of section 106 of the Evidence Act wherein it is incorporated, when any fact, e..Category: Evidence Law | Date: 6 Dec, 2015 | Hits: 6
Ali Ahsan Muhammad Mujahid Vs. The Government of Bangladesh, 2015, 44 CLC (HCD)
....ital sentence include the largest democracy, i.e. India, and 33 component States of the United States of America. Some countries, such as Malaysia, Singapore, Saudi Arabia, Trinidad and Tobago retain mandatory death sentence for murder, while some 13 (thirteen) countries prescribe mandatory death se......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)
....dex No. 258346, and since then he has been receiving government portion of his monthly salary and other financial benefit regularly, without any interruption, till to date; that without complying the mandatory provisions of the Recognised Non-Government School Teachers (Board of Intermediate and Sec......8346, and since then he has been receiving government portion of his monthly salary and other financial benefit regularly, without any interruption, till to date; that without complying the mandatory provisions of the Recognised Non-Government School Teachers (Board of Intermediate and Secondary Edu..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)
....hout any prejudice to the petitioners to take recourse to relevant provisions of law. Communicate this. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 114 ......titioners do not fall under any of the categories either under section 9(1) or under section 56. Therefore, he submits, neither the petitioner had any alternative remedy in view of the provisions under sub-section (2Ka) of section 9 nor it had any remedy to prefer any appeal..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 ......;of the Ain, 2003 and submits that the Ain, 2003 being a special legislation, its provision regarding the parties to an Artharin suit shall override all other existing laws of the land, including the provisions of the Civil Procedure Code (CPC). To put his above submission in a simpler version, he p..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 ......;120 of the said Ordinance and, thereby, treated the said Taka 8 crore, as received by the petitioner from the said developer company, as his income from capital gains purportedly in view of the provisions under section 31 read with section 2(15) of the said Ordinance and a ..Category: Fiscal/Taxation Law | Date: 24 Aug, 2015 | Hits: 2
Major General Abdus Salam (Retd) Vs. Bangladesh Election Commission and another, 2015, 44 CLC (AD)
....ispose of the same in accordance with law expeditiously keeping in view the observations made hereinbefore in this judgment. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 289 ......4) and 58 In the RPO, there is no provision of rejection of the election petition. Article 58 of the RPO has provided that the High Court Division shall dismiss an election petition, if the provisions of article 49 or article 50 or article 51 have not been complied with or the petition..Category: Civil Law, Election Law | Date: 13 Aug, 2015 | Hits: 30
.... the purpose of verification of affidavit enables the tribunal to find out which of the facts can be said to be proved by affidavit evidence of rival parties. The compliance with verification rule is mandatory, and its breach in substance will make so much of the statement in the affidavit as is not......t has been excluded from the
operation of the Evidence Act. The proper approach is to say that affidavit must conform to the verification rule contained in Order 19 of the Code and also the provisions of special rule, if there be any. If the source of information is not disclosed, or groun..
Category: International Crimes Tribunal Law | Date: 29 Jul, 2015 | Hits: 38
Shamsun Nahar Begum Shelly Vs. Bangladesh and Others, 2015, 44 CLC (HCD)
....e of this Rule is stand vacated. Communicate a copy of this Judgment and Order to the Court of Settlement concerned at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 30 ......tion has been legally declared as abandoned property and whether the property is at all come within the purview of the definition "abandoned." Before going through the merit of the case the provisions of law in this regard may be looked into. 11. The purpose of PO 16 of 1972 is to mak..Category: Abandoned Properties Law | Date: 8 Jul, 2015 | Hits: 5
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. ......uit ultimately, the suit was dismissed on contest against defendant Nos.1 and 2 and ex-parte against the other defendants including defendant No.3. But the High Court Division without considering the provisions of rules 6(1 )(a) and 11 of Order IX of the Code considered rule 1 of Order IX only and t..Category: Civil Law, Procedural Law | Date: 15 Jun, 2015 | Hits: 12
....s to costs.
Send down the record of the Court of Settlement.
Communicate the judgment to respondent No. 1 at once.
Zinat Ara J.- I agree.
Ed.
This case is also Reported in:
......s to costs.
Send down the record of the Court of Settlement.
Communicate the judgment to respondent No. 1 at once.
Zinat Ara J.- I agree.
Ed.
This case is also Reported in:
..
Category: Abandoned Properties Law | Date: 27 May, 2015 | Hits: 35
....hen his attention was drawn to sub-regulation, (3) of the regulation 5, the learned Advocate submits that if sub-regulation (4) is read with sub-regulation (3), it will be evident that it is not mandatory for the Chairman of the Board to appoint any one of the 3 recommended persons whose name h......udgment
May 26, 2015.
Result:
The Rule is made absolute.
Violation of the Regulation and disobey the Source and Limitation of Authority—
Without following the provisions of the concerned regulation, the then Board Chairman has appointed Mr. Golam Sarwar as Pr..
Category: Administrative Law | Date: 26 May, 2015 | Hits: 1
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 ......ing on behalf of the respondent No. 1 ACC, on the other hand, opposes the Rule by filing a written submissions wherein he has categorized his submissions as under:— There are the provisions of source deduction in case of Value Added Tax (VAT) and Income Tax. When in becomes..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)
....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 ......ave not been repealed. The Town Improvement Act, 1953 was amended by Act No.XXIX of 1987. Though secions 93 A and 93B of the Town Improvement Act were repealed by Act No. XXIX of 1987, the said provisions of the Town Improvement Act shall continue in view of clause-(Uma) of section 73 of the A..Category: Administrative Law | Date: 12 May, 2015 | Hits: 6
Orascom Telecom Bangladesh Limited Vs. Kalipada Mridha and others, 2015, 44 CLC (AD)
....d as expeditiously as possible. Accordingly, both the leave-petitions are disposed of with the above direction. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 292. ......The national anthem of the Republic is the first ten lines of "Amar Sonar Bangla." 12. Sub-article (4) of Article 4 provides as under: "4(4) Subject to the foregoing clauses, provisions relating to the national anthem, flag and emblem shall be made by law." 13. In ..Category: Constitutional Law | Date: 11 May, 2015 | Hits: 5
....the sentence. A review petition was also filed before this Division. This review petition was also dismissed. Thereafter the appellant along with another moved the High Court Division challenging the mandatory death penalty provided in section 6(2) of the Ain as ultra vires the Constitution.
2.......appropriate cases and compel them to shut its eyes to mitigating circumstances. Therefore, the provision is unconstitutional being violative to Articles 31 and 35(5).
14. If we look at the penal provisions contain in the Penal Code, except an offence punishable under section 303, in respect of ..
Category: Criminal Law, Women and Children | Date: 5 May, 2015 | Hits: 83
....ed and heard in accordance with the provisions of the Ain of 1995, but the sentences prescribed in respect of similar nature of offences in the Ain of 2000 shall be applicable.
There shall be no mandatory sentence of death in respect of an offence of murder committed by an offender who is under......3 are declared ultra vires the Constitution.
Despite repeal of the Ain of 1995, the pending cases and pending appeals in respect of those offences shall be tried and heard in accordance with the provisions of the Ain of 1995, but the sentences prescribed in respect of similar nature of offences..
Category: Criminal Law, Women and Children | Date: 5 May, 2015 | Hits: 86
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