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

....as that- "Sub­section (2) of section-5 entitles a producer or manufacturer to sell its goods at a price/consider­ation which he declares and neither the National Board of Revenue nor the Government is empow­ered any provision of the vat Act in any way to fix any flat or minimum valu...... from the date of receipt of a certi­fied copy of this judgment and order. Communicate this judgment and order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 478 ..

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

Kazi Md. Habib Ullah Vs.Bangladesh and others, 2012, 41 CLC (HCD)

....ion of the impugned Memo dated 26-7-2010. 10. In Syed Mohammad Salem Azam Vs. Bangladesh reported in 47 DLR (AD) 39 it has been categorically observed, inter-alia. "Action taken by the Government regarding matter already before a Court for adjudication in which the government is a par...... with law. 19. The order of stay granted earlier by this Court is hereby vacated. There will be no order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 372. ..

Category: Family Law | Date: 30 May, 2012 | Hits: 7

Bimal Chandra Sen Vs. Md. Waliullah Chowdhury and others, 2012, 41 CLC (AD)

.... Court Division and as to review of judgment of the Code of Civil Procedure, 1908, as applied by section 141 of that Code, an order of a District Judge under this Part shall be final. 388. (1) The Government may, by notification in the official Gazette, invest any Court inferior in grade to a Dis......appeal is allowed and the impugned judgment and order of the High Court Division is set-aside, there will be no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 97. ..

Category: Civil Law | Date: 30 May, 2012 | Hits: 47

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

....Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Md. Shamsul Huda J Government of Bangladesh and others…......Appellants Vs. Nurul Amin and anothers......... 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)

.... filing Miscellaneous Case No.9 of 1977-78 mutated their names in S.A. plot Nos.1353, 1354, 1355, 1356, 1357, 1358 and 1365 and have been in possession thereof on payment of taxes regularly to the Government. Subsequently, Moqbul Ahmed, Syeed Ahmed and Khurshid Jahan, while in possession, sold 5......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

Ruhul Amin and others Vs. Bangabandhu Sheikh Mujib Medical University, 2012, 41 CLC (HCD)

....z Selim, who by saf kabala deed 375 dated 22-8-1984 transferred 0.1053 acres of land to one Feroza Haider. On the remaining land by constructing pucca construction, after paying rent regularly to the Government and holding No.1/e/3 Shahbagh road was opened by Dhaka City Corporation and he also took ...... property and having come to know of the aforesaid facts, plaintiffs went to the office of defendant No.2 and on query came to know that the property has been acquired by the Government for requiring body, BSMMU. Plaintiffs wanted to know when land was acquired for the aforesaid University, defen&sh..

Category: Civil Law, Property Law | Date: 27 May, 2012 | Hits: 12

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

....the Ministry of Education and Directorate of the Secondary and Higher Secondary Education com­prising Mr. Dipanker Haider. Principal of the said college, Mr. K M Rezaul Karim, Lecturer Sociology, Government BL College, Khulna, Mr. Sheikh Nazrul Islam, Member, Governing Body of the Alaipur col&sh......0-6-2012. There is no order as to costs. Communicate this Judgment at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013)110.         ..

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

Golam Ambia (Harun) Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....Satish Chandra Datta and Ramesh Chandra Datta. Thereafter, the father of the petitioner excavated a pond in the suit land and by operation of law the status of Abdul Aziz as tenant was upgraded under Government. Abdul Aziz snowed his papers to the employees of settlement and survey for the purpose o......trkt-Mymensingh within 2(two) months from the date of receipt of this judgment. There is no order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 379.   ..

Category: Others | Date: 22 May, 2012 | Hits: 9

Bangladesh Biman Airlines Limited and others Vs. Emran Ahmed and others, 2012, 41 CLC (AD)

....ng order and 1(one) week thereafter, the respondents shall file concise statements to make the appeals ready for expeditious hearing. Ed. This Case is also Reported in: 9 ADC (2012) 745. ...... High Court Division committed funda­mental error in interfering with the impugned orders of termination in failing to consider that in case of termination from service of an employee of a statutory body is found within the four corners of the law, the court cannot interfere with such order and in ..

Category: Employment/Service Law | Date: 20 May, 2012 | Hits: 135

Marzan Abedin Vs. Judge, Artha Rin Adalat No. 4 Dhaka and others, 2012, 41 CLC (HCD)

.... Judge, Artha Rin Adalat No. 4 Dhaka and others.........Respondents Judgment May 15, 2012. Result: The Rule is made absolute. Cases Referred to- Golam Haider Kabir Vs. Government of Bangladesh 15 BLC 831; 55 DLD (AD) 31; 61 DLR 760; 33 DLR 12; 13 BLC 713; 15 MLR (AD) ......ave heard the learned counsel for both sides. We have also gone through the petition, affidavit-in-opposition-impugned order and other relat­ed papers and documents with the petition carefully, nobody disputes the proposition of law relating to warrant of arrest, which is no longer a resintegra...

Category: Banking Law, Corporate Law | Date: 15 May, 2012 | Hits: 4

Advocate Murshedur Rahman Chowdhury Vs. Bangadesh and others, 2012, 41 CLC (HCD)

....an application which does not call for issuance of rule and do reject the application summarily.   Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 63 & 69   ......ejected those applications summarily. Mr. Alam further raises serious objection as to the Locus standi of the petitioner for filing the instant application on the ground that the petitioner is a busy-body and just being used for moving this Court under Article 102 to circumvent the complete bar agai..

Category: Constitutional Law, International Crimes Tribunal Law | Date: 13 May, 2012 | Hits: 6

Maisha Corporation (Pvt.) Ltd Vs. Bangabandhu Sheikh Mujib Medical University (BSMMU) and others, 2012, 41 CLC (HCD)

.... as to costs. Send down the LCRs along with a copy of the judgment to the Court below immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 194.     ......MU as the second party to the Arbitration submitted a defence setting up a counter claim against the first party, which may be summarized as follows:— Syndicate of the BSMMU is the highest body of the public institution dealing with the policy matter regarding management and operation. On..

Category: Arbitration Law | Date: 10 May, 2012 | Hits: 16

Abdun Noor and others Vs. Aziruddin and others, 2012, 41 CLC (AD)

....f their predecessor-in-interest, Rashid Ali pursuant to Exhibit-1 in the first schedule land by other docu­mentary evidence such as rent receipts to show pay­ment of rent by Rashid Ali to the Government after S.A. operation. The aforesaid finding is erroneous because mere nonpayment of rent ......he appeal is allowed in part and the suit is decreed in respect of 1.11 acres of land in SS plot No. 3433 out of the suit land. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 127. ..

Category: Property Law | Date: 8 May, 2012 | Hits: 112

Dr. Moos Bin Shamsher Vs. Ayub Ali and others, 2012, 41 CLC (HCD)

....t of the present structure. Multi-storied construction in the present day for accommodation of the sons and daughters is now go of days is law by itself. High-rise building has been encouraged by the Government for accom­modation of densely populated Dhaka City. Concept of accommodation has been...... 2009 is accordingly discharged. Send down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 99.     ..

Category: Contract Law, Tenancy Law | Date: 7 May, 2012 | Hits: 7

Professor Muhammad Yunus and another Vs. Bangladesh, 2012, 41 CLC (AD)

....s (In both the cases) Judgment May 5, 2012. Result: The writ petition is dismissed. Cases Referred to- General Medical Council Vs. Spackman (1943) AC 644-645; Kanda Vs. Government of Malaya (1962) AC Privy Council, 322,337; Bibi Quamrunnessa Vs. Bandar Building Co. Ltd......to continue as Managing Director of the Bank, the principle of natural justice had to be followed before removing him from such office; b) this being an essential principle when a quasi-judicial body embarks on determining disputes between the parties, it should not be denied to a person even i..

Category: Banking Law | Date: 5 May, 2012 | Hits: 220

Kamol Krishna Das Vs. Government of Bangladesh and others, 2012, 41 CLC (AD)

....iah J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Kamol Krishna Das...............................................................Petitioner Vs. The Government of Bangladesh, repre­sented by the Director General, Director General Office, Banglad......nnual increments and as such the petitioner was discriminated against. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: 9 ADC (2012) 868. ..

Category: Administrative Law | Date: 30 Apr, 2012 | Hits: 7

Govt. of Bangladesh and others Vs. Md. Nurul Alam, 2012, 41 CLC (AD)

....nuary of 2009 passed by the Administrative Appellate Tribunal in Administrative Appellate Tribunal Miscellaneous Case No.1 of 2009) Judgment Md. Abdul Wahhab Miah J. - The petitioners, the Government of Bangladesh, represented by the Secretary, Ministry of Home Affairs and the other Gove......ng afresh and to dispose of the same on merit in the light of the observations made and the findings given hereinbefore. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 97.  ..

Category: Administrative Law | Date: 29 Apr, 2012 | Hits: 12

Sarwar Kamal Vs. State, 2012, 31 CLC (HCD)

....Court.………………….(34 & 38) The Court cannot direct the President how he is to exercise the power under Article 49 of the Constitution. Similarly, the Court also can not direct the Government how they exercise the power under section 401 of the Code of Criminal Procedure. But the ......stry of Home Affairs and Secretary Ministry of Law Justice and Parliamen­tary Affairs for their appraisal and future guidance. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 329. ..

Category: Criminal Law | Date: 25 Apr, 2012 | Hits: 98

Md. Salim Hossain and other Vs. Artha Rin Adalat, Munshigonj and other, 2012, 41 CLC (AD)

.....75 decimals of land each from the suit khatian/plot by a registered deed of partition deed 08-09-1986. This respondent had been in posses­sion thereof by mutating his name and paying rent to the Government. By constructing a shop thereon he had been in possession of same through his tenant. All......e in both the Civil Petitions for Leave to Appeal. Accordingly, both the Civil Petitions for Leave to Appeal are dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 154. ..

Category: Civil Law | Date: 19 Apr, 2012 | Hits: 151

Government of Bangladesh and oth­ers Vs. Md. Badal and another, 2012, 41 CLC (AD)

.... (Civil) Present: Md. Muzammel Hossain CJ SK Sinha J MA Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J   Shamsul Huda J   Government of Bangladesh and oth­ers........Appellants Vs. Md. Badal and another………......e above, we find merits in the appeals. Accordingly, the appeals are allowed. There will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 246. ..

Category: Criminal Law | Date: 17 Apr, 2012 | Hits: 20