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Asek Elahi Vs. Jalal Ahmedand others, 2012, 41 CLC (AD)
....nha, J and Md. Abdul Wahhab Miah, J I agree with the reasoning and findings given by my learned brother, Md. Abdul Wahhab Miah, J. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 5. ...... related to existing facts. Oral evidence of intention is not admissible in interpreting the covenants of the deed but evidence to explain or even to contradict the recitals as distinguished from the terms of the documents may of course be given. Evidence of contemporaneous conduct is always admissi...... Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Md. Shamsul Huda J Asek Elahi.......................................Appellant Vs. Jalal Ahmedand others.......................Respondents Judgment March..Category: Property Law | Date: 14 Mar, 2015 | Hits: 45
Aminul Karim (Md.) Vs. Government of Bangladesh and others, 2015, 44 CLC (HCD)
....r of stay granted earlier by this i Court is hereby recalled and vacated. Communicate this order at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 354 ......f the Act.......(13) Writ Petition No. 382 of 2014. Judgment Md Ashfaqul Islam J.— At the instance of the petitioner, Md. Aminul Karim, this Rule Nisi was issued in the following terms: "Let a Rule Nisi be issued calling upon the respondents to show cause as to why the......ial Original Jurisdiction) Present: Md. Ashfaqul Islam J Kashefa Hussain J Aminul Karim (Md.)....................................Petitioner Vs. Government of Bangladesh and others............ Respondents Judgment March 9, 2015. Result: The Rule is d..Category: Banking Law, Procedural Law | Date: 9 Mar, 2015 | Hits: 0
....o. 8 cancelling the gun licence of the petitioner is declared to be without lawful authority and of no legal effect.
Ed.
This Case is also Reported in: 20 BLC (HCD) (2015) 279
......; so far as it relates to the petitioner. The alleged material against the petitioner is vague, unspecific and nebulous.
The memo does not indicate that the petitioner misused or abused the terms and conditions of the licence. No concrete materials are forthcoming on record that he po...... Original Jurisdiction)
Present:
Moyeenul IslamChowdhury J
Md. Ashraful Kamal J
Hafizur Rahman Nafor...................Petitioner
Vs.
Secretary, Ministry of Home Affairs and others.........Respondents
Judgment
March 2, 2015.
Result:
The ..
Category: Constitutional Law | Date: 2 Mar, 2015 | Hits: 23
Ramjan Ali Tarafder (Md.) Vs. Bangladesh and others, 2015, 44 CLC (HCD)
....t the petitioner. In the result, the Rule is discharged without any order as to cost. Communicate this order at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 245. ......ed by any borrower. It is a precondition for filing a suit. Even if a suit is filed in violation of the said provision without going for such auction as aforesaid that shall have to be regularized in terms of section 12(2) of the Ain. The submission of the petitioner that in utter violation of ...... Division (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J Kashefa Hussain J Ramjan Ali Tarafder (Md.).......................Petitioner Vs. Bangladesh and others...... ...............Respondents Judgment February 22, 2015. &..Category: Banking Law | Date: 22 Feb, 2015 | Hits: 7
....f the Court. He cannot claim fundamental rights enshrined in part III of the constitution. The High Court Division thus made fundamental error in quashing the proceeding in exercise of its extraordinary jurisdiction in failing to consider that in presence of alternative remedy available t......t cannot quash a proceeding. The judgment of the High Court Division is set-aside.
This petition is accordingly disposed of.
Ed.
This Case is also Reported in: 20 BLC (AD) (2015) 176
......;
Hasan Foez Siddique J
Durnity Daman Commission, represented by its Chairman, Dhaka….....Petitioner
Vs.
M Sahabuddin Ahmed and others .......................Respondents
Judgment
February 19, 2015.
Result:
..
Category: Constitutional Law | Date: 19 Feb, 2015 | Hits: 9
Mosharaf Hossain (Md.) Vs. Bangladesh and others, 2015, 44 CLC (HCD)
.... The Adalat below is directed to proceed with the execution of the decree in accordance with law. Communicate this at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 199 ......provisions under sub-sections (4) and (5) have been made Subjugated to the provisions under sub-section (7). In other words, according to him, the provisions under sub-section (7), in clear terms, have ruled out the applicability of the provisions under sub-section (4) and (5) and, as......ision (Special Original Jurisdiction) Present: Sheikh Hassan Arif J Mustafa Zaman Islam J Mosharaf Hossain (Md.)..........................Petitioner Vs. Bangladesh and others...... …………………..Respondents Judgment..Category: Administrative Law, Others | Date: 17 Feb, 2015 | Hits: 4
....tions made hereinbefore. We make it very clear that the Registrar himself shall hear and dispose of the matter.
Ed.
This Case is also Reported in: 20 BLC (AD) (2015) 213.
......ht of the observations made in this judgment keeping in mind the provision of clause (a) of the proviso to section 30 of the Act, 1940.
Accordingly, this petition is disposed of in the following terms:
The impugned judgment and order passed by the High Court Division affirming those o......Md. Imman Ali J
AHM Shamsuddin Chowdhury J
Sohan Kumar Agarwala....................Petitioner
Vs.
Assistant Registrar, Department of Patents Designs and Trade Marks and
another................Respondents
Judgment
February..
Category: Intellectual Property Law | Date: 9 Feb, 2015 | Hits: 20
....of the account, save and accept the statutory disallowances.
However, there shall be no order as to cost.
Md. Emdadul Haque Azad, J: I agree.
Ed.
This Case is also Reported in:
......Authority Commissioner of Taxes (Appeal) and next to the Taxes Appellate Tribunal and now formulated the following question of law in Income Tax Reference Application No. 226 of 2012 in the following terms:
1. Whether, in the facts and on the circumstances of the case, the Tribunal under 159(2)......hellip;………………Respondent
Judgment
January 12, 2015
Result:
The question formulated for determination is answered in the negative and in favour of assessee.
Questions formulated for determination:
In Income Tax Referenc..
Category: Fiscal/Taxation Law | Date: 12 Jan, 2015 | Hits: 1
....nswered in negative and in favour of the Assessee-applicant.
However, there shall be no order as to cost.
Md. Emdadul Haque Azad, J: I agree.
Ed.
This Case is also Reported in:
......allowing Tk. 5, 61, 17,329.00 (Five crore sixty one lac seventeen thousand three hundred twenty nine) only which has neither been credited nor paid to the Accounts of the term deposit holders for the terms of such deposits have not been matured on the date of submission of the return in view of sect......e is also Reported in:
..
Category: Fiscal/Taxation Law | Date: 15 Dec, 2014 | Hits: 1
Singer Bangladesh Ltd Vs. National Board of Bangladesh, 2014, 43 CLC (HCD)
....copy of this judgment be sent to the office of the Comptroller and Auditor General for future reference and guidance. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 73 ...... fact and law. 2. In Writ Petition No.3606 of 2010 on an application under Article 102 of the Constitution filed by the petitioner Singer Bangladesh Limited, the Rule was issued in the following terms: "Let a Rule Nisi be issued calling upon the respondents to show cause as to why the......5) 73 ..Category: Constitutional Law, Fiscal/Taxation Law | Date: 15 Dec, 2014 | Hits: 5
....oth on facts and law, upon evidences adduced by the parties.
Send down the copy of the judgment to the court below at once.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 218
......g guarantee as a "guarantee which extends to the series of transactions". Section 133 of the same Act also provides that"any variance made without the surety's consent, in the terms of the contract between the principal debtor and the creditor, discharges the surety as to the...... is also Reported in: 67 DLR (HCD) (2015) 218
..
Category: Constitutional Law, Contract Law | Date: 11 Dec, 2014 | Hits: 8
....s from the date of receipt of this judgment.
Let a copy of this judgment be forwarded to the concerned respondents at once.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 251
......ure-K) to the supplementary affidavit unlawfully denied the petitioners 'Reference License' guaranteed under the Rule 12 of the Customs Agents (Licensing) Rules, 2009 imposing fresh terms and conditions for holding a written examination afresh for issuing "Reference Licen......7 DLR (HCD) (2015) 251
..
Category: Constitutional Law, Fiscal/Taxation Law | Date: 8 Dec, 2014 | Hits: 3
Sonali Bank Limited Vs. UT Garments Limited and others, 2014, 43 CLC (HCD)
.... In the result, the rule is discharged without any order as to costs. Communicate this order at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 265. ...... interpretation of expropriatory statues that it should be strictly construed. The scope of an expropriatory legislation ought not to be extended beyond what is clearly and expressly indicated by its terms." 11. Artha Rin Adalat Ain, 2003 made provision for application of Code of Civi...... (Civil Revisional Jurisdiction) Present: Sharif Uddin Chaklader J Ashish Ranjan Das J Sonali Bank Limited...................Plaintiff-Petitioner Vs. UT Garments Limited and others......Defendant-Opposite-Parties Judgment December 4, 2014. Result: ..Category: Banking Law | Date: 4 Dec, 2014 | Hits: 4
....her signed copy of the order of committal be kept with record, for ready reference, if so required.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 225
......stated that, "Accordingly the petition to reduce the amount of Bank Guarantee from Taka 14,000,000 is allowed and the petitioner is permitted to submit a fresh Bank Guarantee, containing similar terms and conditions, for Taka 68,17,617 in favour of the BTCL and then to withdraw the existing one......
Md. Rezaul Hasan J
Oxinel Services Pte. Ltd……………...Petitioner
Vs.
SOM Kalimullah, MD, Bangladesh Telecommunication Company Limited (BTCL) and others..............Respondents
Judgment
December 4, 2014.
Result:
The Rule ..
Category: Constitutional Law, Contempt of Court Law | Date: 4 Dec, 2014 | Hits: 10
A Kader Zilani (Md.) Vs. State and another, 2014, 43 CLC (HCD)
....ment and order along with the lower Court's record be sent to the concerned Court for information and necessary action. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 130 ......fter, the importer filed the case but later on they got some goods. In cross-examination of the defence he stated that on the mutual understanding the goods were received by him but he cannot say the terms and conditions of the understanding. He denied the defence suggestion that they had got all th...... ..Category: Anti-Corruption Laws | Date: 3 Dec, 2014 | Hits: 11
Shariful Alam (Babu) (Md.) Vs. State and another, 2014, 43 CLC (HCD)
....sfaction of the trial Court till conclusion of the trial. Let a copy of this order be sent to the Court concerned with LCR. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 182 ......had stayed the proceeding for 2 months with a direction to get the Rule ready and heard within the said 2 months and it is not at all believable that the accused petitioner had no knowledge about the terms and conditions of the Rule. In fact, he being fully aware about the terms and conditions of th......t Division (Criminal Revisional Jurisdiction) Present: ANM Bashir Ullah J Shariful Alam (Babu) (Md.)…………….Accused-Petitioner Vs. State and another………….........Opposite Parties Judgment December 2, ..Category: Criminal Law | Date: 2 Dec, 2014 | Hits: 9
.... Court of Bangladesh, is directed to take necessary steps under section 161(2) of the Income Tax Ordinance, 1984.
Md. Habibul Gani, J: I agree.
This Case is also Reported in:
......sis shown by other assessees and so, the Tribunal was not justified in affirming the same;
(iv) the Tribunal was wrong in holding that the loss on account of foreign exchange fluctuation on long terms foreign currency loan did not affect the applicant’s business of current year ignoring t......……………….Respondent
Judgment
November 30, 2014
Result:
The questions formulated for determination are answered in the affirmative and in favour of revenue department.
Questions formulated for determination:
(1) Whether ..
Category: Fiscal/Taxation Law | Date: 30 Nov, 2014 | Hits: 1
Youngone (CEPZ) Limited Vs. Commissioner of Taxes, 2014, 43 CLC (HCD)
....me Court of Bangladesh, is directed to take necessary steps under section 161(2) of the Income Tax Ordinance, 1984. Md. Habibul Gani J: I agree. This Case is also Reported in: ......sis shown by other assessees and so, the Tribunal was not justified in affirming the same; (iv) the Tribunal was wrong in holding that the loss on account of foreign exchange fluctuation on long terms foreign currency loan did not affect the applicant’s business of current year ignoring t...... 2. The assessee-applicant Youngone (CEPZ) Limited (shortly, the assessee) is a fully owned foreign company incorporated as a private limited company under the Companies Act, 1913 having its factory and registered office at Plot No.11-16, Sector-2 of the Export Processing Zone, Chittagong. The asse..Category: Fiscal/Taxation Law | Date: 30 Nov, 2014 | Hits: 17
Government of Bangladesh and others Vs. Md. Mojibul Haque & others, 2014, 43 CLC (AD)
....in the light of the observations, the findings and the decisions given in the civil appeals. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 177. ......d also for direction upon the writ-respondents to re-instate him in his service with all service benefits including the arrears. 6. In all the three writ petitions, the Rules Nisi were issued in terms of the prayers made by the respective petitioner(s). 7. The common case of the writ-petit......l) Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Hasan Foez Siddique J Government of Bangladesh and others………..Appellants (In all the appeals) Vs. Md. Mojibul Haque ..Category: Constitutional Law, Employment/Service Law | Date: 25 Nov, 2014 | Hits: 20
A.K.M. Fazlul Haque and Others Vs. Privatization Commission and Others, 2014, 43 CLC (HCD)
...., the Rule is disposed of with the above observations made in the body of the judgment without any order as to costs. Ed. This Case is also Reported in: 68 DLR (HCD) (2015) 17 ......he prior approval of the Government, framed the Privatization Commission (Officers and Employees) Service Regulations, 2002 (hereinafter referred to as the Service Regulations of 2002) specifying the terms and conditions of service for its officers and employees. However, Regulation 3 of the Service......5) 17 ..Category: Employment/Service Law | Date: 20 Nov, 2014 | Hits: 0
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