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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 ......rein is required to be answered in negative and in favour of the assesses-applicant, since both the lower appellate authorities did not consider this aspect of the law and therefore the impugned orders cannot be sustained under the facts and circumstances of the case. 21. Therefore, t......urt is vacated. 24. However, there shall be no order as to cost. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 226 ......ourt Division (Special Original Jurisdiction) Present: AFM Abdur Rahman J FRM Nazmul Ahsan J Padma Oil Company Ltd..................Assessee-Applicant Vs. Commissioner of Taxes...…………………Respondent Judgment ..Category: Fiscal/Taxation Law | Date: 7 Aug, 2012 | Hits: 5
Bangladesh Telecommunications Company Ltd Vs. CPTU, 2012, 41 CLC (HCD)
....erefore, subsequent to the incorporation of the BTTB into Bangladesh Telecommunication Company Limited (BTCL), the LA finally became effective since 2-6-2008. It has further been stated that the BTCL published an invitation for pre-qualification (IFF) on 17-5-2011 in the daily news paper "The I......can not meet the pre-qualification requirements can not be declared as pre-qualified by a Review Panel and thereby allow an unsuccessful pre-qualified stage bidder to submit a bid and, therefore, the order passed by Review Panel is bad in law and liable to be declared without lawful authority&hellip......pt of this order. There, however, shall be no order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 98. ......n (Special Original Jurisdiction) Present: Naima Haider J Md. Khurshid Alam Sarkar J Bangladesh Telecommunications Company Ltd and another.............................Petitioners Vs. Review Panel-2, Central Procurement Technical Unit (CPTU) and others..........Re..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)
....aving passed SSC and HSC examinations in second division had the qualification for appointment as Data Entry Assistant; from annexure-'D(3)' in Writ Petition No.1695 of 2004 the advertisement published by the Biman authority and also from the note sheets it appeared that the authority wanted...... Bhuiyan, 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...... of their joining in the respective post. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 116. ......he Appellants. (In all cases). M Amir-ul Islam, Senior Advocate, (with Garib-Newaz, Advocate) instructed by Nurul Islam Bhuiyan, 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. ..Category: Labour and Industrial Law | Date: 7 Aug, 2012 | Hits: 18
Golam Rahman Vs. Registrar of Joint Stock Companies and Firms and others, 2012, 41 CLC (HCD)
.... Let a copy of the judgment and order be sent to the Registrar of Joint Stock Companies & Firms. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 477. ......issued by the Assistant Manager, Treasury, of the respondent No.2 Company. Since the shares were taken in the benami of respondent No.3 by using his BO ID 1203-6800-1315-6518, the respondent No.3, in order to secure the ownership of the petitioner in those shares, has issued 5 undated cheques in fav......r of Joint Stock Companies & Firms. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 477. ......ivision (Statutory Original Jurisdiction) Present: Md. Rezaul Hasan J Golam Rahman………………………..................Petitioner Vs. Registrar of Joint Stock Companies and Firms and others.........Respondents ..Category: Company Law | Date: 6 Aug, 2012 | Hits: 8
Shahjahan Khalifa and others Vs. State, 2012, 41 CLC (AD)
....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. ......eputy 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) ......ence. Accordingly, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 95. ...... Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Md. Shamsul Huda J Shahjahan Khalifa and others.................Petitioners Vs. State..................................................Respondent Judgment ..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)
....subject to availability of vacancies according to their seniority. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 9 ADC (2012) 855. ......e-on-Record—For Respondent Nos.1, 4, 6-7 & 8. Not Represented-For Respondent Nos.2-3, 5 & 9-10. Civil Petition for Leave to Appeal No.1400 of 2011. (From the judgment and order dated 27.1.2011 passed by the High Court Division in Writ Petition No.4088 of 2010.) Judg......n is disposed of with the above observations. Ed. This Case is also Reported in: 9 ADC (2012) 855. ......ed Mahmud Hossain J Md. Shamsul Huda J Government of Bangladesh, represented by the Secretary, Ministry of Education, Bangladesh Secretariat, Ramna, Dhaka and others.............Petitioners Vs. Md. Abul Kalam Azad and others....................................Respondent ..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)
.... subject to availability of vacancies according to their seniority. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 3. ......ecord—For Respondent Nos.1, 4, 6-7 & 8. None Represented—For Respondent Nos.2-3, 5 & 9-10. Civil Petition for Leave to Appeal No.400 of 2011. (From the judgment and order dated 27-1-2011 passed, by the High Court Division in Writ Petition No.4008 of 2010.) Jud...... disposed of with the above observations. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 3. ...... Syed Mahmud Hossain J Md. Shamsul Huda J Government of Bangladesh, represented by the Secretary, Ministry of Education and others..................................................Petitioners Vs. Md. Abul Kalam Azad and others ………………&..Category: Employment/Service Law | Date: 6 Aug, 2012 | Hits: 5
Shahjahan Khalifa and others Vs. State, 2012, 41 CLC (AD)
....ade on proper appreciation 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: ......Deputy 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) ......ly, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: ......ra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Shahjahan Khalifa and others..........Petitioners Vs. The State......................................Respondent Judgment Aug..Category: Criminal Law | Date: 6 Aug, 2012 | Hits: 113
Yousuf Chowdhury (Md.) Vs. Md. Emran and another, 2012, 41 CLC (HCD)
.... the lacuna of his case. In view of the above, we do not find any merit in the leave petition. Accordingly, the same is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 112. ......itioner. 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 199...... leave petition. Accordingly, the same is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 112. ......ud Hossain J Md. Imman Ali J Md. Shamsul Huda J Yousuf Chowdhury (Md.)................Petitioner Vs. Md. Emran and another..................Respondents Judgment August 5, 2012. ..Category: Civil Law | Date: 5 Aug, 2012 | Hits: 40
State Vs. Md. Artful Islam @ Arif, 2012, 41 CLC (AD)
....rent powers. The judgment of the High Court Division is set-aside. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 82. ......ocate-on-Record—For the Petitioner. Md. Tafique Hossain, Advocate-on-Record—For the Respondent. Criminal Petition for Leave to Appeal No.402 of 2009. (From the judgment and order dated 10-11-2009 passed by the High Court Division in Criminal Miscellaneous Case No.24129 of ......Division is set-aside. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 82. ......sain J Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Md. Imman Ali J Syed Mahmud Hossain J State......................................Petitioner Vs. Md. Artful Islam @ Arif................Respondent Judgment Augus..Category: Procedural Law | Date: 2 Aug, 2012 | Hits: 7
Yasin Rahman @ J Rahman Yasin @ Titu Vs. State, 2012, 41 CLC (AD)
....ith the judgment of Surendra Kumar Sinha, J. Order of the Court This appeal is, however, dismissed by majority decision. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 8. ......y-General 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 200...... Order of the Court This appeal is, however, dismissed by majority decision. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 8. ......8 of 2002 and Criminal Appeal Nos.3023 of 2002, 2971 of 2002 and 2981 of 2002 and connected Criminal Rule Nos.198(R) of 2002 and 199(R) of 2002.) Judgment Md. Muzammel Hossain CJ. - I have gone through the separate judgments prepared by Surendra Kumar Sinha, J and Nazmun Ara Sultana J. - I..Category: Criminal Law | Date: 1 Aug, 2012 | Hits: 36
National Board of Revenue Vs. Abu Saeed Khan and others, 2012, 41 CLC (AD)
....ite articles on telecommunications activities, operations, events and business and issues affecting the quality, standard and prospects of telecommunications services in Bangladesh, are frequently published in National Daily Newspapers with wide circulation in Bangladesh. The petitioner is also ......at all maintainable in the light of the principles settled by this Division in Mohiuddin Farooque, Professor Mozaffor Ahmed, and Ms. Syeda Rizwana Hasan. It is also noticeable that after seeking an order from the High Court Division by filing a PIL, the lawyers are appearing before the electroni......e observations. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 116. ......ch and such directions, which suggest that those petitions had not been made for the cause of the needy or underprivileged or less opportunate people, who could not seek redress for a wrong done by the Government or a local authority, rather it were moved for achieving dubious goal for gen..Category: Fiscal/Taxation Law | Date: 1 Aug, 2012 | Hits: 27
Monindra Nath Biswas Vs. Kantaram Mondal and others, 2012, 41 CLC (HCD)
....his Court stands vacated. The office is directed to send the lower Court's record. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 308. ......he appeal and affirming those dated 7-5-1992 passed by the learned Additional Assistant Judge, 3rd Court, Khulna in Title Suit No.192 of 1990 should not be set-aside and or such other or further order or orders passed as to this Court may seem fit and proper. 2. This Court by order dated 2......o Reported in: 18 BLC (HCD) (2013) 308. ......nbsp; ..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)
....oth sides. This matter shall stand disposed of upon receiving and accepting the affidavit of compliance as mentioned above. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 72. ......ny in its transaction of business with the 3rd parties or even in doing or ratifying an ultra vires act. In such circumstances section 233 has invested this court with wide powers to pass appropriate orders as permitted by the clauses (a) (b) and (c) to sub-section (3) of section 233 of the Act. ......iving and accepting the affidavit of compliance as mentioned above. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 72. ......d in: 18 BLC (HCD) (2013) 72. ..Category: Company Law | Date: 31 Jul, 2012 | Hits: 16
Southeast Bank Ltd Vs. District Magistrate, Chittagong and others, 2012, 41 CLC (HCD)
....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 ......s.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 Article 102 of the Constit......tion under Article 102 of the Constitution is disposed of. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 27 ...... (Special Original Jurisdiction) Present: Mamnoon Rahman J Md. Abu Zafor Siddique J Southeast Bank Ltd……………………......Petitioner Vs. District Magistrate, Chittagong and others .......Respondents Judgment ..Category: Constitutional Law | Date: 30 Jul, 2012 | Hits: 1
Energy Prima Ltd Vs. People's Republic of Bangladesh and others, 2012, 41 CLC (HCD)
....anted earlier by this Court is hereby vacated accordingly. There is no order as to costs. Communicate this judgment at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 67 ......twenty four) deducted as Advance Income Tax (AIT) @ 4% from the Monthly Rental and Energy Payment of the petitioner under the said Contract No. 09689 dated 16-1-2003 and/or pass such other or further order or orders as to this Court may seem fit and proper. 3. In both the Petitions Rule were is......There is no order as to costs. Communicate this judgment at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 67 ...... Jurisdiction) Present: Md. Ashfaqul Islam J Md. Ashraful Kamal J Energy Prima Ltd……………………………...Petitioner Vs. People's Republic of Bangladesh and others...............Respondents Jud..Category: Business or Commercial Law, Constitutional Law | Date: 29 Jul, 2012 | Hits: 6
Md. Shahabuddin Vs. State, 2012, 41 CLC (AD)
....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. ......ate instructed 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 ......tisfaction of the Additional Sessions Judge, Lakshmipur, till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 886. ......J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Md. Shahabuddin...................................Petitioner Vs. The State..............................................Respondents Order ..Category: Criminal Law | Date: 29 Jul, 2012 | Hits: 102
State Vs. Md. Aman Ullah Aman, 2012, 41 CLC (AD)
....ll follow the settled statement of law. The impugned order is set-aside. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 81. ......re, 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 the Judges of the highes......mpugned order is set-aside. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 81. ......na J Syed Mahmud Hossain J Md. Imman Ali J Md. Shamsul Huda J State........................................Petitioner Vs. Md. Aman Ullah Aman.................Respondent Judgment July 26, 2012. &n..Category: Procedural Law | Date: 26 Jul, 2012 | Hits: 32
Md. Arfan Ullah alias Arfan and others Vs. The State, 2012, 41 CLC (HCD)
.... the rule and extended from time to time is hereby vacated. Communicate a copy of this judgment to the Court concerned expeditiously. This Case is also Reported in: 21 BLT (HCD) (2013) 28 ...... cause as to why the proceeding of C.R Case No.218 of 2002, pending in the Court of Magistrate, 1st Class, Cognizance Court No.1, Moulvibazar Sadar, should not be quashed and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. Facts relevant for disposal......vacated. Communicate a copy of this judgment to the Court concerned expeditiously. This Case is also Reported in: 21 BLT (HCD) (2013) 28 ......ion (Criminal Appellate Jurisdiction) Present: Borhanuddin J Mahmudul Hoque J Md. Arfan Ullah alias Arfan and others……………....Accused-Petitioners Vs. The State……………………&hellip..Category: Criminal Law, Procedural Law | Date: 25 Jul, 2012 | Hits: 1
Ishaque Ali (Md.) Vs. State, 2012, 41 CLC (HCD)
....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 ......in Begum Bithi, AAG 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.0......ur. Send down the LC Record at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 453 ......f occurrence the victim went to the room of the accused-appellant at mid night to commit theft. If the victim had any intention to meet with the sister of the accused-appellant the victim would have gone in the room of Momena. But the victim went inside the room of the accused-appellant with an inte..Category: Criminal Law | Date: 25 Jul, 2012 | Hits: 9
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