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BRAC Bank Ltd Vs. Multimode Ltd, 2013, 42 CLC (HCD)
....hellip;…...........Respondent Judgment December 12, 2013 Result: The appeal is dismissed. Case Referred to- Kanchan Mala Bepari Vs. Ananta Kumar Bepari, 6 DLR 254 Government of Bangladesh Vs. Md. Tajul Islam, 49 DLR (AD) 177 Mozibar Rahman Vs. The Chairman, Dhaka......;...........Respondent Judgment December 12, 2013 Result: The appeal is dismissed. Case Referred to- Kanchan Mala Bepari Vs. Ananta Kumar Bepari, 6 DLR 254 Government of Bangladesh Vs. Md. Tajul Islam, 49 DLR (AD) 177 Mozibar Rahman Vs. The Chairman, Dhaka Improvement T...... Present: Sharif Uddin Chaklader J A.K.M. Shahidul Huq J BRAC Bank Ltd……………………………............Appellant Vs. Multimode Ltd…………………………&h......pondent Judgment December 12, 2013 Result: The appeal is dismissed. Case Referred to- Kanchan Mala Bepari Vs. Ananta Kumar Bepari, 6 DLR 254 Government of Bangladesh Vs. Md. Tajul Islam, 49 DLR (AD) 177 Mozibar Rahman Vs. The Chairman, Dhaka Improvement Trust DIT Buildi..Category: Contract Law | Date: 12 Dec, 2013 | Hits: 0
Abdul Quader Mollah Vs. Chief Prosecutor, International Crimes, Tribunal, Dhaka, 2013, 42 CLC (AD)
.... PLD 1949 PC 1; Poonam Vs. Sumit Tanwar, (2010) 4 SCC 460; Pakistan Vs. Akhlaque Hossain, 17 DLR (SC) 545; Major Bazlul Huda Vs. State, 63 DLR (AD) 62; Messrs Thungabhandra Industries Limited Vs. The Government of Andhra Pradesh, AIR 1964 SC 13 72; Sheonandan Paswan Vs.State of Bihar, AIR 1983 SC 11......R (AD) 26; Mohd. Amin Khan Vs. Controller of Estate Duty, PLD 1962 (SC) 335; Zulfiqur Ali Bhutto Vs. State, PLD 1979 SC 741; Mohd. Hussain Vs. Ahamad Khan, 1971 SCMR 29; Fazle Karim Vs. Government of Bangladesh, 48 DLR (AD) 178; Tarique Rahman Vs. Government of Bangladesh, 63 DLR (AD) 162; Modern In......d Mahmud Hossain J AHM Shamsuddin Choudhury J Abdul Quader Mollah .....................Petitioner (In both the cases) Vs. Chief Prosecutor, International Crimes, Tribunal, Dhaka...........Respondent (In both the c......The petitions are accordingly dismissed on merit. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 289. ..Category: International Crimes Tribunal Law | Date: 12 Dec, 2013 | Hits: 15
State Vs. Md. Ibrahim Ali, 2013, 42 CLC (AD)
....y prejudice to the accused-respondent. He finally submitted that in any event, even if there is any technical defect in framing the charge, that cannot result in acquittal of the accused, who being a Government official has committed very serious offence by misappropriating funds abusing his of...... to the period already undergone by him. In the result the appeal is allowed with the modification of sentence as aforesaid. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 33. ...... Md. Imman Ali J Md. Anwarul Haque J State………………………………………….Appellant Vs. Md. Ibrahim Ali…………..............Respondent Judgment ......said. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 33. ..Category: Anti-Corruption Laws, Criminal Law, Procedural Law | Date: 3 Dec, 2013 | Hits: 26
Sheikh Md. Rafiqul Islam (Babul) Vs. Manager, Uttara Bank Limited and others, 2013, 42 CLC (HCD)
.... office order No.742- Bichar-3/(IT,2/2001 dated 11-11-2007 issued under the signature of the Deputy Secretary (Administration), Judicial Section-3, Ministry of Law, Justice and Parliamentary Affairs, Government of Bangladesh (Annexure-"B"). 3. The respondent No. 3 Mr. Sharif uddin Ahm......No.742- Bichar-3/(IT,2/2001 dated 11-11-2007 issued under the signature of the Deputy Secretary (Administration), Judicial Section-3, Ministry of Law, Justice and Parliamentary Affairs, Government of Bangladesh (Annexure-"B"). 3. The respondent No. 3 Mr. Sharif uddin Ahmed, then resum...... High Court Division (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J Md. Ashraful Kamal J Sheikh Md. Rafiqul Islam (Babul)....................Petitioner Vs. Manager, Uttara Bank Limited and others..........Respondents Judgment November 20......w. Communicate at once. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 131. ..Category: Administrative Law, Banking Law | Date: 20 Nov, 2013 | Hits: 6
Md. Nuruzzaman (Noni) Vs. Government of Bangladesh and others, 2013, 42 CLC (HCD)
.... High Court Division (Special Original Jurisdiction) Present: Farah Mahbub J AKM Zahirul Hoque J Md. Nuruzzaman (Noni)………………………Petitioner Vs. Government of Bangladesh and others……Respondents Judgment November 20, 2013. Re......Division (Special Original Jurisdiction) Present: Farah Mahbub J AKM Zahirul Hoque J Md. Nuruzzaman (Noni)………………………Petitioner Vs. Government of Bangladesh and others……Respondents Judgment November 20, 2013. Result: The ......e Court High Court Division (Special Original Jurisdiction) Present: Farah Mahbub J AKM Zahirul Hoque J Md. Nuruzzaman (Noni)………………………Petitioner Vs. Government of Bangladesh and others……Respondents Judgment November 20, 2013....... Ed. This Case is also Reported in: ..Category: Fiscal/Taxation Law | Date: 20 Nov, 2013 | Hits: 24
....te relating to determination of collective bargaining agent;
Section-211 (5)(6)
Award on prohibition of strike or lockout as referred by the Government;
Section-21 3
Adjudication of ....................... Petitioners
Vs.
Chairman, First Labour Court, Dhaka and others..........Respondents
Judgment
November 18, 2013.
Result:
The Rule is made absolute.
Bangladesh Labour Law Act (XLII of 2006) Sections 202(21) & Sections 317(4)
Power Invested ......rt Division
(Special Original Jurisdiction)
Present:
Md. Bazlur Rahman J
Md. Akram Hossain Chowdhury J
Ekramul Hossain (Md.) and others...................... Petitioners
Vs.
Chairman, First Labour Court, Dhaka and others..........Respondents
Judgment
Nove......Court, Dhaka is hereby quashed.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 313
..
Category: Labour and Industrial Law | Date: 18 Nov, 2013 | Hits: 5
Abdul Momen Bhuiyan and others Vs. District Judge, Dhaka and others, 2013, 42 CLC (AD)
....mentary Affidavit, the petitioners stated that they paid total Taka 22, 24,000 upto 2-11-2010 towards payment of loan payable to HBFC. 20. The auction took place in respect of 400 square feet of Government Plot No.8, Block-A, Avenue-2, Section-11, Mirpur Housing Estate, Police Station-Mirpur, D............Respondents Judgment November 17, 2013. Result: The petition is disposed of with the observation. Cases Referred to- MA Hye Vs. Trading Corporation of Bangladesh, 40 DLR (AD) 206; Ganyson Ltd. Vs. Sonali Bank, 37 DLR (AD) 42; AFM Naziruddin Vs. Hameed...... (Civil) Present: Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Md. Anwarul Haque J Abdul Momen Bhuiyan and others .............Petitioners Vs. District Judge, Dhaka and others ................Respondents Judgment Nove......ide. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 98. ..Category: Civil Law | Date: 17 Nov, 2013 | Hits: 17
Golam Sarwar Vs. Commissioner of Taxes, 2013, 42 CLC (HCD)
....ke necessary steps under section 161(2) of the Income Tax Ordinance, 1984. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 350; 2 CLR (HCD) (2014) 301; 23 Karadalat (HCD) (2014) 15 ......) and (c) and the appeals are remanded to the Tribunal to decide part of question (a) in the light of observations made in the body of the judgment. No cost. The Registrar, Supreme Court of Bangladesh, is to take necessary steps under section 161(2) of the Income Tax Ordinance, 1984. ......ke necessary steps under section 161(2) of the Income Tax Ordinance, 1984. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 350; 2 CLR (HCD) (2014) 301; 23 Karadalat (HCD) (2014) 15 ...... assessment without affording any opportunity to the applicant for rebuttal and controverting the said report? Lawyers Involved: Mustafa Kamal Mansoor, Advocate—For the Applicant Md. Abu Amzad, DAG with Mahfuza Begum, AAG— For the Respondent Income Tax Reference Appli..Category: Fiscal/Taxation Law | Date: 14 Nov, 2013 | Hits: 4
AKM Mosharraf Hossain Vs. State & another, 2013, 41 CLC (HCD)
....convict-appellant requested the Chairman, BCIC to provide him with pay and allowance at the rate, he used to draw as Chairman of the same subject to adjustment till execution of his contract with the Government. It has been also alleged that the convict-appellant received Taka 2,89,130.61 towards pa......icer of Anti-Corruption on 29-1-1991 as informant lodged the FIR with the Motijheel Police Station against the convict-appellant alleging inter-alia that in course of rendering service as Chairman of Bangladesh Chemical Industries Corporation hereinafter called BCIC, the convict-appellan......HCD) (2013) 564 ....... State, 34 DLR 287; Kazi Ahammad Bazlul Karim Vs. State, 11 BLC 60; Abdul Bari Vs. State, 3 BLC 474; Habibur Rahman Mollah Vs. State, 61 DLR. Lawyers Involved: Khandhar Mahbub Hossain with Md. Shah Alam, Advocates—For the Appellant. Md. Abdul Hai, DAG—For the Respondent N..Category: Anti-Corruption Laws, Criminal Law | Date: 10 Oct, 2013 | Hits: 3
Moulana Abdul Hakim (Md.) Vs. Government of Bangladesh and others, 2013, 42 CLC (HCD)
.... High Court Division (Special Original Jurisdiction) Present: Syed Refaat Ahmed J Md. Ashraful Kamal J Moulana Abdul Hakim (Md.)...............Petitioner Vs. Government of Bangladesh and others..............Respondent Judgment October 3, 2013 ......urt Division (Special Original Jurisdiction) Present: Syed Refaat Ahmed J Md. Ashraful Kamal J Moulana Abdul Hakim (Md.)...............Petitioner Vs. Government of Bangladesh and others..............Respondent Judgment October 3, 2013 Result: T......eme Court High Court Division (Special Original Jurisdiction) Present: Syed Refaat Ahmed J Md. Ashraful Kamal J Moulana Abdul Hakim (Md.)...............Petitioner Vs. Government of Bangladesh and others..............Respondent Judgment October 3, 2......;with. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 83 ..Category: Administrative Law, Constitutional Law | Date: 3 Oct, 2013 | Hits: 2
AA Engineering Limited Vs. University of Khulna, 2013, 42 CLC (AD)
....of the contract and the rates and prices stated in the priced bill of quantities, shall be deemed to cover all such taxes and such taxes any be recovered from the contractors bills in accordance with Government's directives or orders. We are of the view that the expressions used in clause 2.45 o......Cases Referred to- Mersy Insurance Company Vs. Hamilton, Fraser and Company [(1987) 12 App Cas 448,419]; Tillmanns and Company Vs. SS Knutsford Co.(1908) 2 KB 358; Dr. Ahmed Husain Vs. Chairman, Bangladesh Telegraph and Telephone Board, Dhaka and others, 50 DLR 115; Ajoy Gandi Vs. B Singh AIR 2......resent: Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Anwarul Haque J AA Engineering Limited……………………........Appellant Vs. University of Khulna, represented by its Vice-Chancellor and others………......d. This Case is also Reported in: 66 DLR (AD) (2014) 19. ..Category: Fiscal/Taxation Law | Date: 3 Oct, 2013 | Hits: 28
Satsang Bangladesh, D. Pakutia Vs. People’s Republic of Bangladesh and others, 2013, 42 CLC (HCD)
....tual peace. Subsequently, Sree Sree Thagore Anukul Chandra leaving the Ashrom on 1st September, 1946 AD went to Deoghor of Bihar Province in India. He never returned back to Pabna and as a result the Government of the then East Pakistan acquired the entire land of Hemayetpur Ashrom and established a...... Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 110 ...... Supreme Court High Court Division (Civil Revisional Jurisdiction) Present: Soumendra Sarker J Satsang Bangladesh, D. Pakutia.............Plaintiff-Appellant-Petitioner Vs. People’s Republic of Bangladesh and others.......Defendant-Respondent- Opposite Parti......evidence within 2(two) months from the date of receipt of this judgment, order. Communicate the judgment and order at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 110 ..Category: Civil Law, Procedural Law | Date: 26 Sep, 2013 | Hits: 3
Bakhrabad Gas System Limited Vs. Al Masud-ar-Noor and others, 2013, 42 CLC (AD)
....appointed after the coming into effect or force of the same. With the above observations, the petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 187. ......ugned provision of minimum educational qualification of Bachelor Degree for the promotion of the petitioners passed in resolution dated 6-6-2005 in the 352n Board Meeting of the Board of Directors of Bangladesh Oil, Gas and Mineral Corporation (Petrobangla) and its adoption in the resolution dated 2...... Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul WahhabMiahJ Hasan Foez Siddique J Bakhrabad Gas System Limited..............................Petitioner Vs. Al Masud-ar-Noor and others.................................Respondents Judgment ......With the above observations, the petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 187. ..Category: Employment/Service Law | Date: 26 Sep, 2013 | Hits: 12
....iled under section 19(1) of the Act, it was the duty of the concerned VAT authority to move in the matter and give his decision. The concerned VAT authority must have remembered that he, being a Government functionary, was duty bound to act as per the dictate of law this way or that way and, fo......on 19(3) of the VAT Act, 1991. The Rule was issued accordingly.
4. The case of the writ-petitioner was that it is a private company limited by shares and incorporated under the Companies Act, in Bangladesh and was engaged in the manufacture of CI sheets. The writ-petitioner was regist...... CJ
Md. Abdul Wahhab Miah J
Syed Mahmud Hossain J
AHM Shamsuddin Chowdhury J
Commissioner of Customs, Excise and VAT………………Petitioner
Vs.
Appollo Steel Mills Ltd and others…………………&......bove observations, this petition is dismissed.
Ed.
This Case is also Reported in: 20 BLC (AD) (2015) 143
..
Category: Fiscal/Taxation Law | Date: 24 Sep, 2013 | Hits: 9
Government of Bangladesh Vs. Md. Abdul Maleque Miah and 7 anothers, 2013, 42 CLC (AD)
....urt Appellate Division (Civil) Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J AHM Shamsuddin Choudhury J Government of Bangladesh...... Appellant (In all the appeals) Vs. Md. Abdul Maleque Miah a......late Division (Civil) Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J AHM Shamsuddin Choudhury J Government of Bangladesh...... Appellant (In all the appeals) Vs. Md. Abdul Maleque Miah and 7 another........ammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J AHM Shamsuddin Choudhury J Government of Bangladesh...... Appellant (In all the appeals) Vs. Md. Abdul Maleque Miah and 7 another.........Respondent Judgment &nbs......vations made in the body of the judgment. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 167 ..Category: Administrative Law, Constitutional Law | Date: 17 Sep, 2013 | Hits: 3
ATM Nazimullah Chow¬dhury Vs. State & another, 2013, 42 CLC (HCD)
.... books. In all, the accused-appellant misappropriated a sum of Taka 20,02,299 in Bangladesh currency from the public exchequer thus causing wrongful gain to himself and wrongful loss to the Government. After completion of the inquiry, the P.W.1 Abdullah-al-Zahid lodged a formal ejahar with......Vs. State, 58 DLR 500; Abul Kalam Azad Vs. State, 48 DLR 294; Moslem Ali Mollah alias Moslem Mollah and others Vs. State, 48 DLR 427 and Mansur Ali Vs. State, 39 DLR 184; Khondker Moshtaque Ahmed Vs. Bangladesh through the Secretary, Ministry of Home Affairs, 34 DLR (AD) 222; Habibur Rahman Molla Vs......h Court Division (Criminal Appellate Jurisdiction) Present: Moyeenul Islam Chowdhury J Kazi Md. Ejarul Haque Akondo J ATM Nazimullah Chowdhury............Appellant Vs. State & another………………………......ase is also Reported in: 65 DLR (HCD) (2013) 500. ..Category: Criminal Law, Procedural Law | Date: 1 Aug, 2013 | Hits: 5
....just war and genocide upon the unarmed civilian people of Bangladesh, simply because the people successfully exercised their adult franchise and gave mandate to their elected representation to form a Government; thereby exercised their right of self determination. Members belonging to BJI actually s...... Jurisdiction)
Present:
M Moazzam Husain J
Quazi Reza-ul Hoque J
M Enayetur Rahim J
Maulana Syed Rezaul Haque Chadpuri and others .................Petitioners
Vs.
Bangladesh Jamaat-e-Islami and others…………………&hellip...... Original Jurisdiction)
Present:
M Moazzam Husain J
Quazi Reza-ul Hoque J
M Enayetur Rahim J
Maulana Syed Rezaul Haque Chadpuri and others .................Petitioners
Vs.
Bangladesh Jamaat-e-Islami and others………………&helli......volved:
Tania Amir with Sheikh Rqflqul Islam, Advocates—For the Petitioners.
Abdur Razzaque with Belayet Hossain and Farid-uddin Khan, Advocates—For the Respondent Nos.1-2.
Md. Mohsen Rashid with Tawhidul Islam, Advocates-For the Respondent No. 4.
Writ Petition No. 63..
Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 10
....as "the Commission"), in order to hold a free, fair and credible general election exchanged views with the political parties and stakeholders and recommended to the then Non-Party Caretaker Government a set of reforms and amendments in the electoral laws, i.e., the Representation of the Pe......l Original Jurisdiction)
Present:
M Moazzam Husain J
Quazi Reza-ul Hoque J
M Enayetur Rahim J
Maulana Syed Rezaul Haque Chadpuri and others .......Petitioners
Vs.
Bangladesh Jamaat-e-Islami and others…………………&hellip......
(Special Original Jurisdiction)
Present:
M Moazzam Husain J
Quazi Reza-ul Hoque J
M Enayetur Rahim J
Maulana Syed Rezaul Haque Chadpuri and others .......Petitioners
Vs.
Bangladesh Jamaat-e-Islami and others………………&helli......volved:
Tania Amir with Sheikh Rqflqul Islam, Advocates—For the Petitioners.
Abdur Razzaque with Belayet Hossain and Farid-uddin Khan, Advocates—For the Respondent Nos.1-2.
Md. Mohsen Rashid with Tawhidul Islam, Advocates-For the Respondent No. 4.
Writ Petition No. 63..
Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 11
....t of Bangladesh is directed to take steps under section 161(2) of the Income Tax Ordinance, 1984.
S. H. Md. Nurul Huda Jaigirdar J.- I agree.
Ed.
This Case is also Reported in:
......ated in all these reference applications is in the affirmative, in favour of the department and against the assessee-applicant.
18. No order as to costs.
19. The Registrar, Supreme Court of Bangladesh is directed to take steps under section 161(2) of the Income Tax Ordinance, 1984.
S.......t Ara J
S. H. Md. Nurul Huda Jaigirdar J
Nur Jahan Akhtar, Director of Medona Garments Limited, 28, Mohakhali, C/A, Dhaka-1212………………Applicants
Vs.
The Commissioner of Taxes, Taxes Zone-3, Ayesha Monzil, 35, Pioneer Road, Kakrail, Dhaka&he......da Jaigirdar J.- I agree.
Ed.
This Case is also Reported in:
..
Category: Fiscal/Taxation Law | Date: 31 Jul, 2013 | Hits: 3
Nur Jahan Akhtar Vs. Commissioner of Taxes, 2013, 42 CLC (HCD)
....ngladesh is directed to take steps under section 161(2) of the Income Tax Ordinance, 1984. S. H. Md. Nurul Huda Jaigirdar J. - I agree. Ed. This Case is also Reported in: ......ated in all these reference applications is in the affirmative, in favour of the department and against the assessee-applicant. 18. No order as to costs. 19. The Registrar, Supreme Court of Bangladesh is directed to take steps under section 161(2) of the Income Tax Ordinance, 1984. S.......urul Huda Jaigirdar J Nur Jahan Akhtar, Director of Medona Garments Limited, 28, Mohakhali, C/A, Dhaka-1212………………Applicants (In all the cases) Vs. The Commissioner of Taxes, Taxes Zone-3, Ayesha Monzil, 35, Pioneer Road, Kakrail, Dha......dar J. - I agree. Ed. This Case is also Reported in: ..Category: Fiscal/Taxation Law | Date: 31 Jul, 2013 | Hits: 2
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