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Civil Revision No. 3095 of 1999
Judgment
Soumendra Sarker J.— The Rule have been issued calling upon the Opposite Parties to show cause as to why the impugned judgment and decree dated 22.06.1999 passed by the learned Subordinate Judge, 1st Court, Narail in Title Appeal No.63 of......ent of evidence and appreciation of law despite the learned trial court rightly decreed the suit the court of appeal without considering the aforesaid aspect erred in law resulting in an error in the decision occasioning failure of justice. The learned Advocate for the plaintiff-petitioner Mr. P.C. ..
Category: Constitutional Law, Employment/Service Law | Date: 8 Aug, 2012 | Hits: 3
Government of Bangladesh Vs. ATM Mannan and another, 2012, 41 CLC (AD)
.... instructed by Sufia Khatiun, Advocate-on-Record-For Respondent No.1. Md. Taufiq Hossain, Advocate-on-Record- Respondent No.2. Civil Appeal No. 99 of 2008. (From the judgment and order dated 23-8-2006 passed by the High Court Division in Writ Petition No.5426 of 2004). Judgment ......the Rule absolute. Accordingly, the appeal is allowed and the impugned judgment is set-aside. There is no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 10. ..Category: Property Law | Date: 8 Aug, 2012 | Hits: 84
Padma Oil Company Ltd Vs. Commissioner of Taxes, 2012, 41 CLC (HCD)
....disposed of and the order of stay passed earlier by this court is vacated. 24. However, there shall be no order as to cost. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 226 ......on of the provision of law. The assessee-applicant being similar company under the Petrobangla engaged in distribution and marketing of petroleum products as its commissioner agent the said decision made in the said income tax reference application is equally applicable to the instant asse..Category: Fiscal/Taxation Law | Date: 7 Aug, 2012 | Hits: 5
Bangladesh Telecommunications Company Ltd Vs. CPTU, 2012, 41 CLC (HCD)
....mon questions of law and fact, they are taken up together for hearing and disposed of by this single judgment. 2. In Writ Petition No.5073 of 2012, the petitioner challenges a decision and order dated 6-3-2012 passed by Review Panel-2, a quasi-judicial body constituted under Section 30(3) of th...... purchasing entity but it can not pass any order of “direction” upon any purchasing entity. Rule 60(5) of the Public Procurement Rules, 2008 As per the above mentioned rule, the decision of a Review Panel is final and all parties concerned must take necessary steps to implement..Category: Information Technology Law | Date: 7 Aug, 2012 | Hits: 10
Bangladesh Biman Corporation and others Vs. Md. Zahangir Farazi and others, 2012, 41 CLC (AD)
....an, Advocate-on-Record—For Respondent No.1 (In all cases) None appears—For Respondent Nos.2-3 (In all cases) Civil Appeal Nos. 280-291 of 2009. (From the judgment and order dated the 27th day of April 2006 passed by the High Court Division in Writ Petition No 1698 of 2004)......04 1695 of 2004, 1696 of 2004, 1697of 2004, 1405 of 2004, 1406 of 2004, 1407 of 2004, 1408 of 2004, 1409 of 2004 and 1410 of 2004 respectively before the High Court Division challenging the decision dated 03-3-2004 passed by the Chairman, Third Labour Court, Dhaka in IRO Case Nos.31 of 200..Category: Labour and Industrial Law | Date: 7 Aug, 2012 | Hits: 18
Shahjahan Khalifa and others Vs. State, 2012, 41 CLC (AD)
....Attorney-General, instructed by Madhu Maloti Chowdhury Barua, Advocate-on-Record—For the Respondent. Criminal Petition for Leave to Appeal No.292 of 2009. (From the judgment and order dated 16th July, 2008 passed by the High Court Division in Criminal Appeal No.3399of2001) Judgm......iation of laws and facts do not call for interference. Accordingly, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 95. ..Category: Criminal Law | Date: 6 Aug, 2012 | Hits: 7
Government of Bangladesh and others Vs. Md. Abul Kalam Azad and others, 2012, 41 CLC (AD)
....e budget, the LGED shall absorb/transfer an employee or officer from the development project mentioned in clause (1) to fill up that post in accordance with Rules of 1985 and the ECNEC'S decision dated 10th January, 2008. (iii) An officer or employee shall be absorbed if she was appointed i......he revenue budget, the LGED shall absorb/transfer an employee or officer from the development project mentioned in clause (1) to fill up that post in accordance with Rules of 1985 and the ECNEC'S decision dated 10th January, 2008. (iii) An officer or employee shall be absorbed if she was ap..Category: Employment/Service Law | Date: 6 Aug, 2012 | Hits: 6
Government of Bangladesh and others Vs. Md. Abul Kalam Azad and others, 2012, 41 CLC (AD)
....get, the LGED shall absorb/transfer an employee or officer from the development project mentioned in clause (1) to fill up that post in accordance with Rules of 1985 and the ECNEC's decision dated 10th January, 2008. (iii) An officer or employee shall be absorbed if s/he was appointed ......venue budget, the LGED shall absorb/transfer an employee or officer from the development project mentioned in clause (1) to fill up that post in accordance with Rules of 1985 and the ECNEC's decision dated 10th January, 2008. (iii) An officer or employee shall be absorbed if s/he was a..Category: Employment/Service Law | Date: 6 Aug, 2012 | Hits: 5
Shahjahan Khalifa and others Vs. State, 2012, 41 CLC (AD)
.... Attorney General, instructed by Mrs. Madhu Maloti Chowdhury Barua, Advocate-on-Record-For the Respondent. Criminal Petition for Leave to Appeal No.292 of 2009. (From the judgment and order dated 16th July, 2008 passed by the High Court Division in Criminal Appeal No.3399 of 2001) Jud......with the ‘falah’ and as such, the failure of the prosecution in making the ‘falah’ as material exhibit cannot make its case doubtful. 18. The findings arrived at and the decision made by the High Court Division having been made on proper appreciation of laws and facts d..Category: Criminal Law | Date: 6 Aug, 2012 | Hits: 113
Yousuf Chowdhury (Md.) Vs. Md. Emran and another, 2012, 41 CLC (HCD)
....r. Abdul Wadud Bhuiyan, Senior Advocate instructed by Sufia Khatun, Advocate-on-Record—For the Respondents. Civil Petition for Leave to Appeal No.2536 of 2010. (From the judgment and order dated the 20th day of May, 2010 passed by the High Court Division in First Appeal No.99 of 1992). ......tition for leave to appeal. 6. Syed Mahbubar Rahman, learned Advocate-on-Record, appearing for the petitioner, has submitted that the High Court Division did not apply its mind and came to a wrong decision in refusing to consider the statements of the plaintiff recorded in a cassette which he mad..Category: Civil Law | Date: 5 Aug, 2012 | Hits: 40
Yasin Rahman @ J Rahman Yasin @ Titu Vs. State, 2012, 41 CLC (AD)
....ral and Mohsin Rashid, Advocate with him) instructed by Madhumaloty Chowdhury Barua, Advocate-on-Record—For the Respondent. Criminal Appeal No.33 of 2011. (From the judgment and order dated 28-3-2007 passed by the High Court Division in Government (Criminal) Appeal No.34 of 2002 hear......in @ Titu........Appellant Vs. State......................................................Respondent Judgment August 1, 2012. Result: The appeal is dismissed by majority decision. Cases Referred to- Judicial Committee of the Privy Council in Mirza Akbar Vs. Ki..Category: Criminal Law | Date: 1 Aug, 2012 | Hits: 36
National Board of Revenue Vs. Abu Saeed Khan and others, 2012, 41 CLC (AD)
....ecord- For Respondent No.9 (In both the appeals). Not Represented-For Respondent Nos.2-5 & 8 (In both the appeals). Civil Appeal Nos. 38-39 of 2007. (From the judgment and order dated 24-8-2006 passed by the High Court Division in Writ Petition Nos.4356 of 2005.) Judgment...... Now-a-days, it is noticeable that a group of lawyers have developed a tendency of filing PIL petitions on behalf of persons or organisations challenging the propriety of the Government in taking decision relating to policy matter, its development works, Orders of promotion and transfer of publ..Category: Fiscal/Taxation Law | Date: 1 Aug, 2012 | Hits: 27
Monindra Nath Biswas Vs. Kantaram Mondal and others, 2012, 41 CLC (HCD)
....ite-Parties. Civil Revision No.3711 of 1999. Judgment Shahidul Islam J.- This Rule was issued calling upon the opposite-parties to show cause as to why the impugned judgment and decree dated 28-6-1999 passed by the learned Additional District Judge;1st Khulna in Title Appeal No.248 of......limitation as raised by Mr. Md. Nurul Amin the learned advocate for the petitioner is misconceived I hold that the suit was not barred by limitation. 20. Let us take up the second point for decision as raised by Mr. Md. Nurul Amin as to whether the suit is barred under Order VII Rule 7 of ..Category: Property Law, Procedural Law | Date: 31 Jul, 2012 | Hits: 5
MA Gafur Vs. Registrar of Joint Stock Companies and Firms & ors, 2012, 41 CLC (HCD)
....er section 233 of the Companies Act, 1994 (the Act). 2. It appears from the statements made in the petition that the Company has been incorporated on 11-5-1997, vide certificate of incorporation dated 11-5-1997, under the Companies Act with 4 subscribers, subscribing for total 2000 numbers shar......r. AKM Badrud-duza, appearing for the petitioner, having placed the application, submits that the aforesaid notice was issued for calling an EGM although the Board of directors has not taken any decision to call any EGM for amendment of article 14 and Article 26 and, as such, the said notice wa..Category: Company Law | Date: 31 Jul, 2012 | Hits: 16
Southeast Bank Ltd Vs. District Magistrate, Chittagong and others, 2012, 41 CLC (HCD)
....d for. The respondent Nos.1 and 2 are directed to disposed of the application as evident in Annexure-I strictly as per provision of Section 12(5)(ka) of the Act, 2003 within 15(fifteen) days from the date of receipt of this order. 3. With these observation and direction the application under Ar......r. 3. With these observation and direction the application under Article 102 of the Constitution is disposed of. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 27 ..Category: Constitutional Law | Date: 30 Jul, 2012 | Hits: 1
Energy Prima Ltd Vs. People's Republic of Bangladesh and others, 2012, 41 CLC (HCD)
....dvance Income Tax (AIT) @ 4% by the respondent Nos. 1-4 from the monthly Rental and Energy Payment bill (Annexure-E & E-1) of the petitioner under Contract No. 09689 dated 16-1-2008 executed by and between the respondent No. 2 and the petitioner for 50 MW Power Plan......nder contracts No. 09689 and 09690 dated 16-1-2008 and the respondents to refund the deducted Advance Income Tax (AIT) to the petitioner, which may be raised for consideration and an appropriate decision can be arrived at. 26. Here it is beneficial to refer to the judicial pronouncement of..Category: Business or Commercial Law, Constitutional Law | Date: 29 Jul, 2012 | Hits: 6
Md. Shahabuddin Vs. State, 2012, 41 CLC (AD)
....structed by Md. Ibrahim Khalil, Advocate-on-Record—For the Petitioner. Respondent—Not represented. Criminal Petition for Leave to Appeal No.376 of 2009 (From the judgment and order dated 12.12.2006 passed by the High Court Division in Jail Appeal No.181 of 2006.) Order N......R. No.1147 of 2001) be enlarged on bail to the satisfaction of the Additional Sessions Judge, Lakshmipur, till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 886. ..Category: Criminal Law | Date: 29 Jul, 2012 | Hits: 102
State Vs. Md. Aman Ullah Aman, 2012, 41 CLC (AD)
....atun, Advocate-on-Record—For the Petitioner. Mvi Md. Wahidullah, Advocate-on-Record—For the Respondent. Criminal Petition for Leave to Appeal No.371 of 2009. (From the judgment and order dated 7-10-2009 passed by the High Court Division in Criminal Miscellaneous Case No.21146 of 2009) ......ds. It follows, therefore, that such court or tribunal may be acting without or in excess of jurisdiction if this condition is lacking when a tribunal acts without or in excess of jurisdiction, its decision. This sort of order tantamounts to undermining the authority of the learned Magistrate by t..Category: Procedural Law | Date: 26 Jul, 2012 | Hits: 32
Md. Arfan Ullah alias Arfan and others Vs. The State, 2012, 41 CLC (HCD)
....strate, 3rd Class, who after inquiry sent report on 14.05.2002 to the Court of Magistrate against 4 accused persons including the petitioners. The learned Magistrate of Cognizance Court No.1 by order dated 14.05.2002 took cognizance of the offence under Sections 364/34 of the Penal Code and issued s......d Mr. Mapjur Kader, learned Assistant Attorney General appearing for the State submits that on inquiry the learned Magistrate, 3rd Class, found a prima-facie case against the accuseds. By referring a decision he also submits where a prima facie case of criminal offence has been clearly made out, the..Category: Criminal Law, Procedural Law | Date: 25 Jul, 2012 | Hits: 1
Ishaque Ali (Md.) Vs. State, 2012, 41 CLC (HCD)
....and Kazi Ebadath Hossain, AAG— For the State. Criminal Appeal No. 2349 of 2002. Judgment Mir Hashmat Ali J. - This appeal is directed against the judgment and order of conviction dated 27-6-2002 passed by learned Sessions Judge, Meherpur in Sessions Case No.01 of 1997 correspond......r, Meherpur and District and Sessions Judge, Meherpur. Send down the LC Record at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 453 ..Category: Criminal Law | Date: 25 Jul, 2012 | Hits: 9
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