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Abdullah (Md) and others Vs. Majibul Huq and others, 2003, 32 CLC (HCD)
....No. 14 dated 30‑5‑2001 be set aside and the application dated 20‑5‑2001 be allowed. However, there will be no order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 528. ......ff petitioner challenged order No. 14 dated 30‑5‑2001 passed by the learned Assistant Judge, Sonagazi, Feni in Title Suit No. 46 of 2000 rejecting the petitioner's application for calling for the records of Title Suit No. 134 of 1958 and accordingly, the opposite party Nos. 1‑4 were directed t......No. 14 dated 30‑5‑2001 be set aside and the application dated 20‑5‑2001 be allowed. However, there will be no order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 528. ..Category: Civil Law | Date: | Hits: 75
....aterials, wrapping paper materials, service and machineries, but not on labour, land, building, office machineries and transports.”
The aforesaid section means that the tax on the supply of any goods or services to taxable person for a business carried on or to be carried on by him and the tax...... that none is applied directly on the trader whether he is an importer, a manufacturer, or a distributor. Ultimately, it falls on the consumer. The only duty lies on any trader is to keep an accurate record and pay over the tax thus collect to the Government.
VAT under sections 3 and 5 is charged......d in sections 3(1), 2(3), 5(4), 15(1) and 20 of the Value Added Tax Act, 1991, he is not liable to pay value added tax on his personal telephone set as he is not a registered taxable person rendering services to others but using it for his own use.
5. Respondent No.1, Chairman, Bangladesh Telegra..
Category: Fiscal/Taxation Law | Date: | Hits: 138
Debesh Chandra Bhattacharya and others Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....tion that the government might be prejudiced if a direction is passed by this Court for mutating the names of the petitioners in the khatian during pendency of the partition Suit/Appeal does not hold good as this judgment will have no bearing on the fate of the Partition Suit/Appeal pending in the C......Constitution of the People's Republic of Bangladesh was issued calling upon the respondents to show cause as to why the respondents should not be directed to mutate the name of the petitioners in the records of right pursuant to the judgment and order dated 26‑7‑1995 passed by the High Court Div......h the observation that this judgment will have no bearing on the fate of the Partition Suit/Appeal . There will be no order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 525. ..Category: Property Law | Date: | Hits: 67
Animal Protection Society Chittagong Vs. Laxman Chadra Das & others, 2003, 32 CLC (HCD)
....ion under section 28 of the Ordinance. 18. Section 43 of the Ordinance provides for indemnity and no suit or prosecution or other legal proceeding shall lie against any person for anything done in good faith under the Ordinance. We could not find any relief is sought for in the suit against any p......ge found that the plaintiff had no cause of action and also no chance to succeed in the suit, learned Subordinate Judge committed no error in rejecting the plaint of such suit. We have perused the record. 7. Facts are not disputed. The plaintiff instituted the suit for a decree of following de......he deposit account of the Public Account of the Republic as provided under section 10(2) of the Ordinance. Send down the record at once. Ed. This Case is also Reported in: 56 DLR (2004) 522. ..Category: Property Law | Date: | Hits: 61
Abdul Gafur alias Kana Mia and others Vs. Md Nurul Islam, 2004, 33 CLC (HCD)
....ed Magistrate would be at liberty to consider the bail of the accused-petitioner. Communicate this order to the Court concerned at once. Ed. This Case is also Reported in: 56 DLR (2004) 519. ......ed Magistrate would be at liberty to consider the bail of the accused-petitioner. Communicate this order to the Court concerned at once. Ed. This Case is also Reported in: 56 DLR (2004) 519. ......des and perused the application, both the petition of complaint and their order sheets and counter affidavit filed on behalf of the opposite party No. 1. 7. To appreciate the argument pressed into service by the accused-petitioners and the complainant-opposite party it would be profitable to quot..Category: Criminal Law | Date: | Hits: 94
IFIC Bank Ltd. and others Vs. Beximco Holdings Ltd. and others, 2004, 33 CLC (HCD)
....aka. 7. It also denied that the plaintiffs already paid 300% of the principal amount. 8. By impugned order, learned Joint District Judge held that he was satisfied that the plaintiff made out a good prima facie case for trial and the defendants failed to controvert by any papers in showing tha......ded a guarantor as well and, under such definition of 'loan' the plaintiffs were not entitled to prevent their names from being sent to the Bangladesh Bank for publication. 15. We have perused the record as placed. 16. Whole suit of the plaintiffs is based on the claim that they already paid m......ion for temporary injunction is also dismissed. Connected Civil Rule No. 654 (FM) of 2004 is accordingly disposed of. Communicate at once. Ed. This Case is also Reported in: 57 DLR (2005) 154...Category: Civil Law | Date: | Hits: 71
Abdur Rashid Chowdhury Vs. CA Hamid and Co. Ltd. and others, 2005, 34 CLC (HCD)
....in order to establish his own family in the control of the management of the company. Such acts of respondent No.3 are neither sanctioned by the articles of association nor the Act. I find therefore, good reasons for the application to succeed. 39. In the result, the application is allowed, the ......owdhury called a meeting of the board on 19‑7‑99 to confirm the minutes of the last board meeting and consider future plan of business of the company. 20. In the minutes of the meeting, it was recorded that the meeting noted under article 53 of the articles of association of the company the p......he register of members of the company. Respondent No.2, Registrar, is directed to rectify the share register of the company, accordingly. Ed. This Case is also Reported in: 57 DLR (2005) 148. ..Category: Company Law | Date: | Hits: 232
Rafiqul Alam (Md.) MD Dhaka Mercantile Co‑operative Bank Ltd. Vs. State, 2004, 33 CLC (HCD)
....e of the powers conferred on him and spent a portion thereof in the conduct of the bank's business as admitted in the first information report. Whether or not, the petitioner had spent the amount "in good faith" and "in accordance with the powers" could only be ascertained from the audit report and ......ommittee or any member or employee of a Co‑operative Society intentionally makes any payment in violation of the Act or Rules or that the Society has sustained loss by reason of his act or fails to record in the cash book any amount or misappropriates any money or retains any property of the socie...... is hereby quashed. The petitioner is discharged from the bail bond. The order of stay granted earlier by this court is hereby vacated. Ed. This Case is also Reported in: 57 DLR (2005) 145. ..Category: Criminal Law | Date: | Hits: 89
Safiqur Rahman (Md.) and others Vs. Ambia Khatoon and others, 2004, 33 CLC (HCD)
.... Case No.5 of 1998 as passed at the time of the issuance of the Rule for a period of 3(three) months and subsequently extended is vacated. Ed. This Case is also Reported in: 57 DLR (2005) 143. ...... Case No.5 of 1998 as passed at the time of the issuance of the Rule for a period of 3(three) months and subsequently extended is vacated. Ed. This Case is also Reported in: 57 DLR (2005) 143. ......ors are co-sharers, in the case holding by purchase and what one Md. Anisul Hoque, another co-sharer transferred the case land in favour of Moulavi Md. Safiqur Rahman and Mst. Mohsena Khatoon without service of any notice on the pre‑emptors by a Kabala dated 16‑2‑1998 and the pre‑emptors lea..Category: Property Law | Date: | Hits: 52
SMA Matin Sarker Vs. Bangladesh Jute Mills Association and another, 2004, 33 CLC (HCD)
....s going through acute financial hardship which necessitated retrenchment of employees/officers of the said Association and that the petitioner was not paid 17 months salary and this was thought to be good grounds for winding up of the Association under section 241 of the Act read with Article 101 of......judgment be sent to the Secretary, Ministry of Law, for his perusal and necessary action and the Secretary, Law Reforms Commission, Dhaka. Ed. This Case is also Reported in: 57 DLR (2005) 128. ......241 of the Companies Act, 1994 (hereinafter called 'the Act'). The petitioner was an employee of the Bangladesh Jute Mills Association (hereinafter called 'the Association'), the respondent No.1. His services has since been terminated. The petitioner has filed this case for an order for winding up o..Category: Employment/Service Law | Date: | Hits: 144
....l drawing pension and that there is no scope to argue that he is not getting pension as he had surrendered whole pension much earlier and received gratuity and that the receipt of gratuity is just as good as receiving of the benefit of pension. It is further stated in reply to the statements made in......Even, the idea of God at that time was vague and blurred. It used to vary from country to country and depended on the character and the stage of refinement of their civilisation. As such, the history records the presence of gods as a source of some enormous meta physical power even above their might......onthly salary/remuneration of the petitioners as the Chief Election Commissioner and Election Commissioners without any deduction on account of pension, gross or net, in connection with their earlier service in the Republic and why the respondents should not be directed to refund to the petitioner N..
Category: Employment/Service Law | Date: | Hits: 99
....1994 evidenced by Annexure 'H' to the application is declared to have been issued without any lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 57 DLR (2005) 109.
...... petitioners by by-passing main line had taken electric energy by three separate cables from the bush LT of the transformer after getting the main switch off and consumed electricity which were not recorded in the meter. On calculation they found that 91,200 units of power had been stolen and, as ......1994 evidenced by Annexure 'H' to the application is declared to have been issued without any lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 57 DLR (2005) 109.
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Category: Others | Date: | Hits: 135
Rezaul Karim Razu Vs. State, 2004, 33 CLC (HCD)
....appeal is dismissed. The stay order granted earlier by this Court is hereby vacated. Communicate this order to the Court concerned at once. Ed. This Case is also Reported in: 57 DLR (2005) 104. ......ed 13‑1‑1999; accused appellant Rezaul Karim (Razu) has preferred the instant appeal under section 30 of the Special Powers Act. 6. Heard the learned Counsels of both the sides and perused the record. 7. Mr. Kh Mahbub Hossain, the learned Advocate appearing for the accused appellant, submi......duced below for easy appreciation: "30. Restriction upon possession of cannon and certain other articles.- (1) A licence for the possession of‑ (a) Canon, (b) articles designed for torpedo service, (c) war-rockets, or (d) machinery for the manufacture of arms or ammunition, (e) c..Category: Criminal Law | Date: | Hits: 78
Sardar Jan Mohammad and another Vs. Lutfannessa and others, 2004, 33 CLC (HCD)
....the plaintiffs and jointly filed a 'Solenama' in Court. By order dated 3‑2‑93 the Court ordered to keep the 'Solenama' on record for disposal along with the suit. 14. It is now well settled by good authorities that if a proceeding is though premature on the date of filing but with the continu......Nos. 2 to 5 already compromised with the plaintiffs admitting the case of the plaintiffs and jointly filed a 'Solenama' in Court. By order dated 3‑2‑93 the Court ordered to keep the 'Solenama' on record for disposal along with the suit. 14. It is now well settled by good authorities that if a......side. Learned Subordinate Judge is directed to hear and dispose of the Suit in accordance with law, expeditiously. Send down the record. Ed. This Case is also Reported in: 56 DLR (2004) 514. ..Category: Property Law | Date: | Hits: 61
Lalit Kumar Roy and 2 others Vs. Krishnapada Biswas & others, 2002, 31 CLC (HCD)
....held. Order of status quo as granted at the time of issue of the Rule on 16-8-99 is recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 57 DLR (2005) 80. ......along with defendant Nos.1 and 2 inherited the suit land as reversioners in equal share. 4. The suit land was never partitioned by metes and bounds among the co-sharers. S.A. Khatian appears to be recorded in the names of Krishnapada, Lalit and Jhoharmoni only and there was no reason for such wro......held. Order of status quo as granted at the time of issue of the Rule on 16-8-99 is recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 57 DLR (2005) 80. ..Category: Property Law | Date: | Hits: 64
....nder under the Pre-shipment Inspection Order, 1999, in short, the Order, to carry out inspection of cargo to be imported into Bangladesh and certifying the quality, quantity, HS Code and price of the goods as per provision of the Order by Gazette Notification NG. 84/2000/Customs dated 10‑2‑2000....... hence, of no legal effect. The Appellate Tribunal is hereby directed to dispose of the appeals in accordance with law as early as possible.
Ed.
This Case is also Reported in: 57 DLR (2005) 74.
...... hence, of no legal effect. The Appellate Tribunal is hereby directed to dispose of the appeals in accordance with law as early as possible.
Ed.
This Case is also Reported in: 57 DLR (2005) 74.
..
Category: Fiscal/Taxation Law | Date: | Hits: 122
Abdur Razzaque (Md) Vs. State, 2003, 32 CLC (HCD)
....ly, accused-appellant Abdur Razzaque is sentenced thereunder to suffer RI for ten (10) years. Send down the lower Court records at once. Ed. This Case is also Reported in: 56 DLR (2004) 510. ......ed order of conviction and sentence is not sustainable in law. The learned advocate further submits that the learned Special Tribunal was manifestly wrong in failing to weigh and sift the evidence on record as required by law and evidently fell in error in coming to his ultimate decision, occasionin......ly, accused-appellant Abdur Razzaque is sentenced thereunder to suffer RI for ten (10) years. Send down the lower Court records at once. Ed. This Case is also Reported in: 56 DLR (2004) 510. ..Category: Criminal Law | Date: | Hits: 94
Padma Oil Co. Ltd. Vs. SM Nurul Islam and others, 2002, 31 CLC (HCD)
.... as to cost. The order of stay granted at the time of issuance of the Rule stands vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 56 DLR (2004) 505. ......ly, Padma Oil Co. Ltd, since 2‑5‑1980 as Accounts Officer, he was very sincere, honest and hard working and had been performing his duties with satisfaction of his higher authorities, his service record was clean and no punishment was awarded on him during his service career. On 6‑6‑1990, he......o. 146 of 1997 of the Court of the Assistant Judge, 5th Additional Court, Dhaka for declaration that the order dated 7‑7‑1993 passed by the defendant petitioner discharging the plaintiff from his service is illegal, void and for reinstatement in his service with all arrear benefits, stating, int..Category: Employment/Service Law | Date: | Hits: 122
Karnaphuli Fertilizer Co. Ltd. Vs. Chairman, First Labour Court and another, 2002, 31 CLC (HCD)
.... legal effect. In the circumstances, the Rule is made absolute without any order as to costs. Let the lower Court records be sent down. Ed. This Case is also Reported in: 56 DLR (2004) 502.......laint Case No. 1 of 1997 is therefore, without any lawful authority and is of no legal effect. In the circumstances, the Rule is made absolute without any order as to costs. Let the lower Court records be sent down. Ed. This Case is also Reported in: 56 DLR (2004) 502....... of 1997 under section 25(1)(b) of the Employment of Labour (Standing Orders) Act, 1965 directing the petitioner. Karnafuli Fertilizer Co. Ltd. to reinstate the respondent No. 2 to his former post in service with back wages and continuity in service and other allowance. 2. Respondent No. 2 filed ..Category: Labour and Industrial Law | Date: | Hits: 152
Mehedi Hasan Vs. State, 2011, 40 CLC (HCD)
....17. As to the question of earning profit of Tk. 316.54 lac in 10 days by transferring 100% shares in the lessee company, it is to be noted that as defined in section 2, sub section (7) of the Sale of goods Act, 1930 share comes with the definition of 'goods' and is a transferable asset. There is no ......t this stage, hence he prayed for discharging the rule. We have heard the learned advocates perused the application filed under section 561A, supplementary affidavit, annexure and the materials on record. The F.I.R. case has been recorded herein before. Admittedly the petitioner is not name......tioner is concerned. The accused is released from the bail bond. Stay granted shall stand vacated. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 361...Category: Administrative Law | Date: | Hits: 173
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