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....he suit was not interest, but compensation in the form of interest. Interest was not awarded by way of damages but the prevailing rate of bank interest was taken into consideration for measuring business loss and damages of the plaintiff and court is not prevented from adopting this method for ......adesh Shilpa Rin Sangstha Order (PO 128 of 1972); Article 33(1)(d)
The High Court Division concurred with the decision of the trial court excepting that the awarding of interest of Taka 33 lakh for the period prior to the institution of the suit was not interest, but compensation in the form of......GLADESH SHILPA RIN SANGSTHA
(BSRS)
Agrani Bank Building Motijheel C/A, Dhaka.
UNDERTAKING
Dear Sir,
WHEREAS:
i) You have granted to us She Shipping Lines Ltd a Company incorporated under the Companies Act, 1913 and having our registered office at Previous 17, Siddeswari......rther compensation calculated at the rate of bank interest prevalent at the time of the institution of the suit.
Ed.
This Case is also Reported in: 20 BLC (AD) (2015) 66.
..
Category: Business or Commercial Law, Labour and Industrial Law | Date: 13 Dec, 2010 | Hits: 10
Gulshan Club Ltd. Vs. Chairman, National Board of Revenue and another, 2010, 39 CLC (HCD)
....it or dividend is distributed amongst the members. The members pay their subscriptions and charges and other income of the Club is not income or profit and it is not engaged in any trade nor does any business for profit, it is not liable to pay any income tax. Mr. Sobhan therefore, submits that doct......€¦..Respondents Judgment December 13, 2010. Result: The Rule is discharged. Lawyers Involved: Masood R. Sobhan with Fatema S. Chowdhury and AFM Saiful Karim, Advocate - For the Petitioner. Murad Reza, Additional Attorney-General, Md. Abdur Rahim Bhuiyan, Depu...... a non-profit making organization is not liable to pay income tax. 2. The background leading to the Rule, in short, is that the petitioner Gulshan Club Ltd. a company limited by guarantee, was incorporated under the Companies Act 1913. It was established in 1978 and is situated in Gulshan area.......is discharged without any order as to cost. The order of stay granted earlier by this Court is hereby vacated and recalled. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 29. ..Category: Fiscal/Taxation Law | Date: 13 Dec, 2010 | Hits: 48
Mahfuzur Rahman and another Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
.... Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 171 ...... Judgment December 9, 2010 Result: The Rule is discharged. Applicability of the principle of 'locus penitentiae' under Section 21 of the General Clauses Act- The authority competent to make an order has the power to undo the same; but the order cannot be withdrawn o...... Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 171 ......s of subjects, and having the duty to act judicially'. The expression 'having the duty to act judicially' was used in England to limit the application of the Rules to decision-making bodies similar in nature to Court of law. Lord Reid, however, freed these Rules from the bondage in ..Category: Administrative Law | Date: 9 Dec, 2010 | Hits: 2
British American Tobacco Bangladesh Company Ltd. Vs. Begum Shamsun Nahar, 2010, 39 CLC (AD)
....ing failure of justice in not considering that the defendant-petitioner will be vicariously liable for those acts committed by its employees only if it had authorised them to do for carrying on the business of the Company and that the offence as allegedly committed, is not in any way related wit......y Ltd............Petitioner Vs. Begum Shamsun Nahar.......................Respondent Judgment October 13, 2010. Result: The leave petition is dismissed. Words and phrases Sexual harassment in employment Sexual harassment in employment may be ......dings and obserÂvations we do not find any merit in the leave petiÂtion. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 80. ......dings and obserÂvations we do not find any merit in the leave petiÂtion. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 80. ..Category: Women and Children | Date: 13 Oct, 2010 | Hits: 21
Abul Kashem (Md.) Vs. Anti-Corruption Commission and others, 2010, 39 CLC (HCD)
....3 (Annexure-C) should not be declared to have been passed without lawful authority and is of no legal effect. 2. Briefly the facts necessary for disposal of the Rule are that the petitioner is a business man and a regular tax payer of the country. He is the owner of a group of companies. The pe...... Court High Court Division (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J SM Emdadul Hoque J Abul Kashem (Md.)............Petitioner Vs. Anti-Corruption Commission and others.....................Respondents Judgment October 5, 2010.......order as to cost. The order impugned against is declared to have been passed without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 67. ......order as to cost. The order impugned against is declared to have been passed without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 67. ..Category: Anti-Corruption Laws | Date: 5 Oct, 2010 | Hits: 182
State Vs. Tajul Sheikh @ Md. Tajul Shaikh and others, 2010, 39 CLC (HCD)
....ul Houque of village Dakhin Ujanchar, Makhon Baburpara, Police Station-Goalandu Ghat, District-Rajbari be stayed till disposal of the appeal. Ed. This Case is also Reported in:9 ADC (2012) 895. ...... Vs. Tajul Sheikh @ Md. Tajul Shaikh and others...................Respondents Order September 28, 2010. Result: Leave is granted. Lawyers Involved: Biswajit Dev Nath, Deputy Attorney General, instructed by Sufia Khatun, Advocate-on-Record—For the Petitioner. Nahida Sultan......ul Houque of village Dakhin Ujanchar, Makhon Baburpara, Police Station-Goalandu Ghat, District-Rajbari be stayed till disposal of the appeal. Ed. This Case is also Reported in:9 ADC (2012) 895. ......r Uddin Sheikh (P.W.1) recovered the victims dead bodÂies from the backyard of the house of one Rahman and then lodged an FIR with the local police station. Pursuant thereto the police sent the dead bodies for mortuary and after completion of investigation submitted a police report recommending for..Category: Criminal Law | Date: 28 Sep, 2010 | Hits: 15
Abdur Rashid Gazi Vs. Nur Ali Gazi and others, 2010, 39 CLC (HCD)
....a minor it is obvious that he had no source of income. The defendant No.1 although tried to establish that he purchased the suit land with the fund received from his grandmother who used to deal in business of rice. But he could not prove the same on evidence. 15. From the evidence I do not......rts below should not be disturbed by the High Court Division in revisional jurisdiction under section 115 of the Code of Civil Procedure unless it can be shown that those are based upon misreading or non-consideration of evidence or founded on misconception or misapplication of law or on misinte......he time of issuance of the Rule is hereby recalled and vacated. Send down the lower Courts' records immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 315. ......he time of issuance of the Rule is hereby recalled and vacated. Send down the lower Courts' records immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 315. ..Category: Procedural Law | Date: 10 Aug, 2010 | Hits: 4
Ferdous Khan @ Alamgir Vs. Islami Bank Bangladesh Ltd. and another, 2010, 39 CLC (HCD)
....int, against one Ferdous Khan alias Alamgir under section 138 of the Negotiable Instruments Act, 1881, (the Act), alleging, amongst other, that the complainant is a commercial bank and is running its business accordÂing to the provisions of Islami Shariah, having its branches all over the country a...... Judgment August 1, 2010. Result: The Rule is made absolute. Case Referred to- Punjtih Ali's case, 29 DLR (SC) 185. Lawyers Involved: Nikhilesh Dutta, Advotae - For the Petitioner Shaheen Ahmed, Advocate - For the Opposite-party No.1. Criminal Miscell......s the drawÂer of the cheques singed on its behalf by its Managing Director, who is the accused petitioner before us. The drawer of a cheque may be a natural person or a juristic person (i.e. a body corporate). Issuing of a demand notice, giving thirty days time, to the drawer of the cheque is one ......d from his bail bond. The order of stay granted earlier by this Court shall stand vacated. Communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 540. ..Category: Banking Law | Date: 1 Aug, 2010 | Hits: 657
Rehana Begum and another Vs. State, 2010, 39 CLC (HCD)
....sult, the appeal is dismissed. Send down the Lower Court Record at once. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 75; 30 BLD (HCD) (2010) 448. ......da Vs. State of Maharashtra, (1984) 4 SCC 116: 1984 SCC (Cri) 487; Ratan Singh Vs. State of Hariyana Prodesh, (1997) 4 SCC 161: 1997 SCC (Crl) 525. Lawyers Involved: Md. Shamsuddin, Advocate - For the appellants. Md. Mosharraf Hossain Sarder, Deputy Attorney General with Ms. Yesmin Begum B......sult, the appeal is dismissed. Send down the Lower Court Record at once. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 75; 30 BLD (HCD) (2010) 448. ...... have found that the fact of committing rape on her and that leading to her death have also been corroborated by the circumstances proved by the eye witness P.W.3, who has noticed the injuries on her bodies and on her female organ, as she has vividly described in her deposition and has also been cor..Category: Women and Children | Date: 1 Aug, 2010 | Hits: 227
AL-Arafah Islami Bank Limited Vs. M/S. Nobel Enterprise, 2010, 39 CLC (HCD)
....ed a decree may, on the application of the decree-holder, sent it for execution to another Court- (a) if the person against whom the decree is passed actually and voluntarily resides or carries on business, or personally works for gain, within the local limits of the jurisdiction of such other Co......ioner Vs. M/S. Nobel Enterprise………………………………..Opposite party Judgment July 12, 2010. Result: The Rule is discharged. Lawyers Involved: No one appears - For the petitioner. Mohammad Imtiaz Farooq Advocate, with Iftekhar Jonaed, Advocate - For the opp......on Case No. of 2004 within four months from the date of receipt of this order. Office is directed to send down the record at once. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 351. ......on Case No. of 2004 within four months from the date of receipt of this order. Office is directed to send down the record at once. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 351. ..Category: Procedural Law | Date: 12 Jul, 2010 | Hits: 28
Monir Hossain (Md.) and anothers Vs. Bangladesh and others, 2010, 39 CLC (AD)
....No.2081 of 2008. The petition is accordingly dismissed. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 41, VIII ADC (2011) 404, 8 LG (AD) (2011) 141, 16 MLR (AD) (2011) 245. ......sparent. The High Court Division observed that the posts were competitive and prized one and in such competitive examination "Transparency in the recruitment process was also necessary not only for the service but also for the Commission in order to maintain the public confidence in such consti......No.2081 of 2008. The petition is accordingly dismissed. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 41, VIII ADC (2011) 404, 8 LG (AD) (2011) 141, 16 MLR (AD) (2011) 245. ......No.2081 of 2008. The petition is accordingly dismissed. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 41, VIII ADC (2011) 404, 8 LG (AD) (2011) 141, 16 MLR (AD) (2011) 245. ..Category: Employment/Service Law | Date: 11 Jul, 2010 | Hits: 104
....ns the writ-petitioner or any interested person can establish a free health care society. It is very clear that the health care sector is no more a charitable service rather it has very much become a business concept that is why exemption of VAT from this business sector will not be beneficial for t.......…Petitioner
Vs.
Advocate Zulhas Uddin Ahmed and others.............Respondents
Judgment
July 8, 2010.
Result:
The petition is dismissed.
Lawyers Involved:
S. M. Moniruzzaman, Assistant Attorney-General instructed by Mrs. Sufia Khatun, Advocate-on-Record-For the Petitioner.
Monzil Morsh...... of the learned Assistant Attorney General appearing for the petitioners.
Accordingly, the petition is dismissed.
Ed.
This Case is also Reported in: 15 MLR (AD) (2010) 457; 18 BLC (AD) (2013) 52.
...... of the learned Assistant Attorney General appearing for the petitioners.
Accordingly, the petition is dismissed.
Ed.
This Case is also Reported in: 15 MLR (AD) (2010) 457; 18 BLC (AD) (2013) 52.
..
Category: Health Law | Date: 8 Jul, 2010 | Hits: 376
Dhirendra Nath Mondal Vs. Agrani Bank Ltd and others, 2010, 39 CLC (HCD)
....oth of them are co-sharers in the same jama, a single Khatian is prepared in their names but they separated their lands by amicable partition since long. The plaintiff has no connection with the business of the defendant No.3 Decree in Artha Rin Suit No.35 of 1996 obtained in collusion with the......BLC (HCD) (2013) 301. ......3 of 2001 is hereby affirmed. However, there will be no order as to costs. Send down the lower Court's record at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 301. ......3 of 2001 is hereby affirmed. However, there will be no order as to costs. Send down the lower Court's record at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 301. ..Category: Civil Law | Date: 7 Jun, 2010 | Hits: 6
Roshanally Mohamed Harji and another Vs. AKM Zakir Hossain and another, 2010, 39 CLC (HCD)
.... in writing with dag numbers and Khatian numbers later on at a convenient time. The defendant No.1 also informed plaintiff No.1 that as his daughter resides in Canada, sons are too much busy in their business and his wife is 'pardanashin' lady, verbally all of them have agreed to deliver their porti......ndant-Appellants Vs. AKM Zakir Hossain and another………………………Respondents Judgment May 12, 2010. Result: The appeal is allowed. In a suit for specific performance of a contract, the prime consideration is the bainapatra i.e. the agreement......ut any order as to costs. Sent down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 85; 20 BLT (HCD) (2012) 532 . ......ut any order as to costs. Sent down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 85; 20 BLT (HCD) (2012) 532 . ..Category: Property Law | Date: 12 May, 2010 | Hits: 133
Aftab Automobiles Ltd Vs. Superintendent Customs, Excise & VA, 2010, 39 CLC (HCD)
.... 33. The order of stay granted earlier by the court stands vacated. Communicate the judgment to the respondents at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 138. ......s rebate of VAT, the concerned VAT officer under section 9 (2) of the VAT Act has lawful Jurisdiction to cancel the rebate and adjust it on the current account register of the petitioner by necessary order. ........................ (26) Show Cause notice Section 9 of the VAT Act, provides ......through treasury challan as Government revenue. 2. Material facts necessary for the disposal of the Rule, in short/are as under: The petitioner, Aftab Automobiles Limited, is a limited company incorporated in Bangladesh under the Companies Act. The petitioner is registered with Vat authority an...... orders contending, inter alia, that this respondent and audit officers of the directorate has jurisdiction to examine any document, vouchers, etc. of a Government office, statutory bodies, etc. while auditing such office. Under article 128 of the Constitution the Comptroller and A..Category: Fiscal/Taxation Law | Date: 10 May, 2010 | Hits: 6
Sarwar Hossain Moni Vs. State and another, 2010, 39 CLC (HCD)
....ing No.4131 of 2008 (South) before the Chief Metropolitan Magistrate, Dhaka under section 138 of the Negotiable Instrument Act, 1881 against the accused-petitioner stating, inter alia, that there was business transaction between him and the accused-petitioner and the accused-petitioner being his clo......te, 53 DLR 403; Sirajul Islam Vs. Tauhid Uddin Ahmed, 15 BLC 39; Nizam Uddin Mahmood Vs. Abdul Hamid Bhuiyan, 2005 BLD (AD) 28. Lawyers Involved: Anisul Huq with Md. Aminul Islam, Advocates - For the Petitioner. Mahbubur Rahman with Md. Imam Hasan, Advocates - For the Opposite Party No.2. ......ed to dispose of the case as expeditiously as possible. Let a copy of this order be communicated to the Court concerned immediately. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 510.......ed to dispose of the case as expeditiously as possible. Let a copy of this order be communicated to the Court concerned immediately. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 510...Category: Banking Law | Date: 6 May, 2010 | Hits: 573
Sheikh Hasina Vs. State and another, 2010, 39 CLC (HCD)
....ine quo non for an offence under section 5(1) of the Prevention of Corruption Act, 1947. When a decision is taken collectively or even individually by following the rules of procedure or the rules of business criminal intention behind such decision should not normally be inferred.” 14. As reg......cused-Petitioner Vs. State and another..............Opposite-Parties Judgment April 22, 2010. Result: The rule is made absolute. Conditions to be fulfilled for bringing a case for quashment proceeding To bring a case within the purview of section 561A...... now pending in the Court of Divisional Special Judge, Dhaka is quashed in respect of the petitioner. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 22; 30 BLD (HCD) (2010) 429 ....... now pending in the Court of Divisional Special Judge, Dhaka is quashed in respect of the petitioner. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 22; 30 BLD (HCD) (2010) 429 ...Category: Criminal Law | Date: 22 Apr, 2010 | Hits: 107
Kazi Md. Abdul Basit Vs. State, 2010, 39 CLC (HCD)
....called public servants. [G.A. Monterio 1957 AIR (SC) 13]. In the decision reported in (1889) ILR 26 Cal 158 (DB) it has been held that clause Ninth of Section 21 is intended to include officers whose business it is to care for the pecuniary interest of the government. According to the decision repor......tate, 50 DLR (HCD) 483; A.S.I. Md. Ayub Ali Sarder and another Vs. the State, 26 BLD (AD) 23; F.M. Mohiuddin Rashiduzzaman Vs. Bahauddin Ahmed and another 28 DLR (AD) 181; Lumbhardhar Zatshi Vs. Emperor, AIR 1948 Bom 79; H.H.B. Gill and another Vs. The King, AIR (35) 1948 Privy Council 128; Lumbhard......uch cognizance. It obviously is for preventing public servants from being subjected to frivolous prosecutions for discharging their official duties. On the other hand, Section 64(3) of the K.P. Act incorporates an absolute ban against taking cognizance of the offences of the type mentioned therein o......r arrived at a correct decision which does not require any interference by this Court. Accordingly, the leave petition is dismissed. This Case is also Reported in: 17 MLR (AD) (2012) 219. ..Category: Criminal Law | Date: 13 Apr, 2010 | Hits: 119
....ntry dated 12.07.2007 (Annexure-G, G-1 and G-2).
3. The short facts leading to issuance of the rule, are that, the petitioner is a company incorporated under the Companies Act, 1994 engaged in the business of manufacturing edible oils from imported Crude Plam Olein products and petitioner is duly......) 437.
......ce on the date of presentation of the ex-Bond Bills of Entry dated 12.07.2007 (Annexure-G, G-1 and G-2).
3. The short facts leading to issuance of the rule, are that, the petitioner is a company incorporated under the Companies Act, 1994 engaged in the business of manufacturing edible oils from i......4.07.2007. The respondents are hereby directed to release the Bank Guarantees in accordance with law if submitted by the petitioner.
Ed.
This Case is also Reported in: 17 MLR (HCD) (2012) 437.
..
Category: Fiscal/Taxation Law | Date: 25 Mar, 2010 | Hits: 134
Md. Tofazzel Hossain and others Vs. People's Republic of Bangladesh, 2010, 39 CLC (HCD)
....ack to back L/C. 3. The Respondent No.7 International finance investment and Commerce Bank Ltd. Elephant Road Branch, Dhaka is the financer of the company. The petitioners in course of their business-opened letter of credits for importing various goods of ready made Garments through loans ......€¦â€¦â€¦â€¦â€¦â€¦â€¦Respondent Judgment March 16, 2010. Result: The Rule is disposed of with observations. Lawyers Involved: Anupam Biswas with Sabya Sachi Mondal - For the Petitioners. Fahed Mahmud Khan - For the Respondent No.2. Abdur Razzak - For the R......f this Judgment and order. Ad interim direction granted earlier at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 235. ......f this Judgment and order. Ad interim direction granted earlier at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 235. ..Category: Civil Law | Date: 16 Mar, 2010 | Hits: 7
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