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Mrs. Rehan Parvin @ Shohely Parvin Vs. State and another, 2008, 37 CLC (AD)
....as enlarged on bail. It appears from the order sheet that when the Rule was obtained, charge was framed against the accused petitioner under Section 420 of the Penal Code. 3. The complainant for his business purpose usually travelled Dhaka, North Bengal and other places of Bangladesh and for mainta......cts apparent to the complaint petition.......................(6) Lawyers Involved: M. Moksadul Islam, Advocate (appeared with the leave of the Court) instructed by Mrs. Sufia Khatun, Advocate-on-Record-For the Petitioner. None represented-For the Respondents. Criminal Petition for Leave to Appea......n view the above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 21 BLT (AD) (2013)11.......n view the above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 21 BLT (AD) (2013)11...Category: Procedural Law | Date: 19 Feb, 2008 | Hits: 6
Commissioner of Taxes Vs. Oriental Real Estate Ltd, 2008, 37 CLC (HCD)
.... determination answered in the negative for the revenue and against the assessee. Income Tax Ordinance, (XXXVI of 1984); Section 160 When any construction is stated to be the only business activity of the assessee then nobody else could be expected to supervise its construction. ......ssed Taka 15,000 for each reference. Communicate at once. Ed. This Case is also Reported in: 60 DLR (HCD) (2008) 506. ......1999-2000 respectively, which dismissed both the appeals of the department on the following facts and circumstances of the case. 4. The respondent is stated to be a private limited company and incorporated in Bangladesh. It was engaged in the business of real estate. It submitted its income tax...... and against the assessee with cost. The cost is assessed Taka 15,000 for each reference. Communicate at once. Ed. This Case is also Reported in: 60 DLR (HCD) (2008) 506. ..Category: Fiscal/Taxation Law | Date: 18 Feb, 2008 | Hits: 1
Sunirmal Chaudhuri Vs. Registrar of Joint Stock Companies & Firms, 2008, 37 CLC (HCD)
.... CROPS CIENCE LTD. by observing all formalities, including obtaining permission from the BOI on 14.12.2002 (Annexure-"F') and that sincethen the Company has earned a good reputation in conducting its business in Bangladesh. 3. The Company being engaged generally in the business of Agrochemicals, ...... Association of the Company within 90 (Ninety) days of the drawing up of this Order. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 432. ......et that the Company has evolved over the years in a manner as has been explained in the Supplementary Affidavit on behalf of the Petitioner. It is stated that initially a public limited company was incorporated under the name and style "RHONE-POULENC AGROVET BANGLADESH LIMITED" under the Companies A...... register the amendment copy of the Memorandum of Association of the Company within 90 (Ninety) days of the drawing up of this Order. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 432. ..Category: Company Law | Date: 12 Feb, 2008 | Hits: 123
Nabab Khan Vs. Commissioner of Taxes, 2008, 37 CLC (HCD)
.... 2001-2002 in respect of assessment year 1998-99. 2. The assessed who presented the above reference is stated to be the proprietor of a firm namely Ms. Nabab and Company. He is engaged in the business of construction as a contractor, security guard supply, wholesale, stevedoring, readymade......he Revenue Department and against the assesses. No cost. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 397. ......erence with our answer to the question in the affirmative for the Revenue Department and against the assesses. No cost. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 397. ......erence with our answer to the question in the affirmative for the Revenue Department and against the assesses. No cost. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 397. ..Category: Fiscal/Taxation Law | Date: 22 Jan, 2008 | Hits: 13
Md. Mokter Hossain Khan Vs. State, 2007, 36 CLC (AD)
.... find good deal of force in the points argued by the learned Advocate for the petitioner. The appeal is accordingly allowed. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 16. ......llip;……………………………………Respondent Judgment December 9, 2007. Result: The appeal is accordingly allowed. The Evidence Act, 1872 (Act No. I of 1872); section 106 Burd...... find good deal of force in the points argued by the learned Advocate for the petitioner. The appeal is accordingly allowed. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 16. ......n and prepared the inquest report. The hair and skin on the head were rooted, teeth were broken and her abdomen was torn. There was injury of the private organ of the dead body. He sent both the dead bodies to the morgue for autopsy and after having received the post-mortem report lodged the FIR on ..Category: Evidence Law | Date: 9 Dec, 2007 | Hits: 10
....intendent that in view of the BMRE, production of glass bottles at its plant had been suspended with effect from 06.02.01, Annexure-C. Rule 12 has got two parts.
(1) If the place or situation of business of any registered person is changed, he shall have to submit a declaration in form, "M......LD (HCD) (2008) 18.
......, Excise and VAT Appellate Tribunal in Nothi No. CEVT/Case (VAT)-52/2001, which dismissed the appeal preferred by the petitioner.
2. The petitioner is stated to be a public limited company and incorporated under the Companies Act, 1913. The petitioner has got an industry at Demra Industrial Are......78,40,997.85 by crediting the sum to the Current Account of the petitioner.
Send down the lower court's record at once.
Ed.
This Case is also Reported in: 28 BLD (HCD) (2008) 18.
..
Category: Fiscal/Taxation Law | Date: 26 Nov, 2007 | Hits: 9
Muktijoddha Bahumukhi Samabaya Samity Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....t was decided to demolish the market and reconstruct the said market with modern facilities. It was also decided to allot the newly constructed shops to the traders who were already carrying on their business in the market. Some of the societies filed writ petition claiming right to the allotment ......ptember 20, 2007. Result: The Rule is made absolute. Case Referred to- AIR 1936 PC 53. Lawyers Involved: M Amir-ul-Islam with Dr. Zamirul Akhter and Mia Sirajul Islam, Advocates - For the Petitioner. No one appears - For Respondent Nos. 1-2. Tufailur Rahman with ...... জারীকৃত রুলটি খরচা ব্যতিরেকে এ্যাবসলিউট করা হইল। Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 418. ...... জারীকৃত রুলটি খরচা ব্যতিরেকে এ্যাবসলিউট করা হইল। Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 418. ..Category: Civil Law | Date: 20 Sep, 2007 | Hits: 43
Nazir Hossain (Md.) Vs. Zubaed Md. Adel and others, 2007, 36 CLC (HCD)
....e place of occurrence but he could not remember whether anyone from the mosque came to the place of occurrence. This witness stated that deceased Kamal was a producer of Film Industry and also a businessman of hide and skin and was a losing businessman. Kamal used to give money for film making......; Alauddin Vs. State, 7 BLC 54 ; Yousuf Bepari Vs. State, 10 BLC (AD) 146; Abdul Hamid Mollah Vs. Ali Mollah, 44 DLR (AD) 223. Lawyers Involved: Md. Munsurul Hoque Chowdhury, Advocate - For the Petitioner. Abdur Razak Khan with Md. Nesar Ahmed, Advocate - For the Opposite Parties......7-2003. In the result, this Rule is discharged. Communicate this order at once. Send down the lower Court records. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 849. ......7-2003. In the result, this Rule is discharged. Communicate this order at once. Send down the lower Court records. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 849. ..Category: Criminal Law | Date: 5 Sep, 2007 | Hits: 8
Mosharraf Hossain (Md.) Vs. Bangladesh Bank and another, 2007, 36 CLC (HCD)
....ger having Licence No. Boi Mu Ni (Aba)144/97-862 dated 15-6-1997 granted by Bangladesh Bank (shortly, the Bank) under the provision of section 3 of the Foreign Exchange Regulation Act, 1947. The Said business of the petitioner is guided by the directives and conditions affixed by the Bank vide its F...... and another……………………………………………Respondents Judgment September 3, 2007. Result: The Rule is discharged. Case Referred to- Satish Barker Vs. The Governor, Bangladesh Bank, Dhaka and others, in Writ Petition No.5882 of 2000. Lawyers Involved: Sub......find no merit in this Rule. Accordingly, the Rule is discharged without any order as to costs. The order of stay stands vacated. Ed. This Case is also Reported in: 13 BLC (HCD) (2008)98. ......find no merit in this Rule. Accordingly, the Rule is discharged without any order as to costs. The order of stay stands vacated. Ed. This Case is also Reported in: 13 BLC (HCD) (2008)98. ..Category: Banking Law | Date: 3 Sep, 2007 | Hits: 403
State Vs. Tipu Gazi and others, 2007, 36 CLC (HCD)
....f occurrence on 23.03.2003 in the evening, the day being Sunday, accompanied by his Bhatija (brother's son) P.W.2 Faisal deceased Harun-or-Rashid went to New Market at Patuakhali. After finishing his business he prodeeded for home along with P.W.2 Faisal. After crossing the Khalishakali ferry when t......inal Miscellaneous Case No.1195 of 2005 is made absolute. Jail Appeal Nos.313 of 2004 and 172 of 2005 are disposed of. Lawyers Involved: Yusuf Hossain Humayun with Mostafa Jamal, Advocates-For the Condemned-Prisoners. Md. Abu Bakar Siddiqui, Deputy Attorney-General with Khandaker ...... once, if not wanted in any other connection. Send down lower tribunal records along with a copy of this, judgment expeditiously. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 516. ...... once, if not wanted in any other connection. Send down lower tribunal records along with a copy of this, judgment expeditiously. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 516. ..Category: Criminal Law | Date: 15 Aug, 2007 | Hits: 26
Islam Enterprise Vs. Commissioner of Taxes and another, 2007, 36 CLC (HCD)
....ming the disallowances from the profit and loss account without pinpointing any specific defect? c) Whether the Appellate Tribunal was justified in law to estimate the receipts of the construction business in spite of the fact that the receipts were supported by payment certificates from paying a......e in the negative and against the revenue and in favour of the applicants. No costs. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 425. ......e applications under section 173 of the Ordinance in the negative and against the revenue and in favour of the applicants. No costs. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 425. ......rding receipts and gross profits without any modifications. 24. Both the applicants are Contractors and engaged in the business of construction. They executed works of the Government and statutory bodies. In support of the receipts, they submitted certificates of payments from such bodies and ban..Category: Fiscal/Taxation Law | Date: 9 Aug, 2007 | Hits: 31
....ny order as to costs. The order of stay granted at the time of issuance of the rule stands vacated.
Communicate the order at once.
Ed.
This Case is also Reported in: 14 MLR (HCD) (2009) 29.
......
Result:
The rule is discharged.
Application of writ jurisdiction in cases under the Bankruptcy Act, 1997
The writ jurisdiction is not maintainable in cases under the Bankruptcy Act, 1997 for two reasons- Firstly, the Bankruptcy Act, 1997 is a special law and special provision is provided......ny order as to costs. The order of stay granted at the time of issuance of the rule stands vacated.
Communicate the order at once.
Ed.
This Case is also Reported in: 14 MLR (HCD) (2009) 29.
......ny order as to costs. The order of stay granted at the time of issuance of the rule stands vacated.
Communicate the order at once.
Ed.
This Case is also Reported in: 14 MLR (HCD) (2009) 29.
..
Category: Banking Law | Date: 9 Aug, 2007 | Hits: 565
Dominous Pizza and others Vs. Domino's Pizza Inc., 2007, 36 CLC (HCD)
.... the present petitioners as defendant praying for the following reliefs; (a) A decree may kindly be passed in favour of the plaintiff and against the defendants declaring that the trade mark and business name 'Dominous Pizza', being used by the defendants, amounts to infringement of pla......a 321; Ranjit Lal Maria Vs. Vidya Parkash, AIR 1951 Simla 176; PM Swamy Vs. Sultan Ahmed, AIR 1958 Madras 490; Burmah Eastern Ltd Vs. Burmah Eastern Employees Union, 18 DLR 709; Ismat Zerin Khan Vs. World Bank, 11 MLR (AD) 58 = 58 DLR (AD) 1; Sunil Kumar Das Vs. Canon Kabushiki Kaisha, 57 DLR 93; Me......producer and seller of delicious and good quality Dominos pizza and pizza-related products. Due to advertisement appearing in the international media, the defendants started using the plaintiffs' corporate name, trade name and also the trademark with logo and the reason for adopting the above na...... The office is directed to send a copy of this Court to the concerned Court positively within a period of 60 days from date. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 780. ..Category: Intellectual Property Law | Date: 26 Apr, 2007 | Hits: 91
Sunil Kumar Das Vs. Deputy Registrar of Trade Marks and another, 2007, 36 CLC (HCD)
....t No.2 thereafter, filed notice of opposition to the application for registration of the said marks in Class-25 being opposition case No.1824/2001 contending inter alia, that since inception of their business the opponent, the respondent No.2 adopted the word "CANON" and the LOGO being the...... appeal and the appeal is dismissed with cost of Tk. 10,000 (ten thousand). Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 423. ...... 7. In view of the above there is no merit in this appeal and the appeal is dismissed with cost of Tk. 10,000 (ten thousand). Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 423. ...... 7. In view of the above there is no merit in this appeal and the appeal is dismissed with cost of Tk. 10,000 (ten thousand). Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 423. ..Category: Intellectual Property Law | Date: 15 Feb, 2007 | Hits: 34
R.K. Jute Mills Ltd. Vs. Government of Bangladesh and others, 2006, 35 CLC (HCD)
....ther or further order or orders as to this Court may seem fit and proper. 2. The relevant facts are that the petitioner company is incorporated under the Companies Act and is engaged in the business of manufacturing jute products and exports of the same. There are 3 godowns within the mill......urt High Court Division (Special Original Jurisdiction) Present: Syed Amirul Islam J Zubayer Rahman Chowdhury J R.K. Jute Mills Ltd., represented by its Managing Director, 28, Dilkusha Commercial Area, Motijheel, Dhaka……………&hell......d without lawful authority and is of no legal effect or such other or further order or orders as to this Court may seem fit and proper. 2. The relevant facts are that the petitioner company is incorporated under the Companies Act and is engaged in the business of manufacturing jute product....... The Rule is discharged without any order as to costs. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 579. ..Category: Business or Commercial Law | Date: 3 Aug, 2006 | Hits: 5
Md. Durul Islam Vs. State, 2006, 35 CLC (HCD)
....otor Cycle Dhaka Metro-A-028429 from a place called Dariapur on the Rajshahi-Chapai Nababgonj highway for search out of suspicion. It is alleged that a ticket with number and signature used for hundi business was recovered from him. On presentation of ticket the holder of this ticket in India he wil......llants Vs. The State……………………………………………. Respondent Judgment July 20, 2006. Result: The Appeal is allowed. Lawyers Involved: Kh. Saiful Haque-For the Accused-Appellants. Nikhilesh Dutta, Deputy Attorney-General with Md. Rabiul Karim and Md.......ed and handed over to the accused appellant Nos.1-3 from whom they were seized as per seizure list in accordance with law forth with. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 194. ......ed and handed over to the accused appellant Nos.1-3 from whom they were seized as per seizure list in accordance with law forth with. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 194. ..Category: Criminal Law | Date: 20 Jul, 2006 | Hits: 21
Syed Jasimuddin and others Vs. Moulana Abu Musa Siddique & others, 2006, 35 CLC (HCD)
....nt-petitioners took oral lease of the suit shop house from the plaintiff-opposite-parties at a monthly rental of Taka 200 since 1st March, 1992.Prior to that the father of the petitioners used to run business in the shop house as a tenant under the opposite-parties. The petitioners are the members o......dique & others ………………….Opposite Parties Judgment July 2, 2006. Result: The Rule is disposed of. Case Referred to- Monoranjan Barua Vs. Mirza Masud Hossain, 48 DLR (AD) 130; Begum Fazilatunnessa Vs. Nowshad Ali, 29 DLR......d in the body of this judgment. Let the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 518. ......d in the body of this judgment. Let the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 518. ..Category: Civil Law | Date: 2 Jul, 2006 | Hits: 4
....Bond/96/17407, evidenced by Annexure-E to the Writ Petition, is declared to be without lawful authority and of no legal effect.
Ed.
This Case is also Reported in: 26 BLD (HCD) (2007) 471.
......ellip;…………………………………….Petitioner
Vs.
The Commissioner of Customs, Customs House, Dhaka & ors…………..Respondents
Judgment
May 25, 2006.
Result:
......Bond/96/17407, evidenced by Annexure-E to the Writ Petition, is declared to be without lawful authority and of no legal effect.
Ed.
This Case is also Reported in: 26 BLD (HCD) (2007) 471.
......Bond/96/17407, evidenced by Annexure-E to the Writ Petition, is declared to be without lawful authority and of no legal effect.
Ed.
This Case is also Reported in: 26 BLD (HCD) (2007) 471.
..
Category: Business or Commercial Law, Civil Law | Date: 25 May, 2006 | Hits: 5
....nce
of his undertaking the agent must act in accordance with the authority which
has been given to him. In the absence of express authority he must act in
accordance with the general nature of the business, i.e. within his implied
authority or he must act in accordance within his usual or custom......y 9, 2006.
Result:
The Rule is
discharged.
Obligations
of an agent
An agency relationship
will arise from an agreement particularly from a contract, the express or implied
terms of which govern the rights and liabilities of the parties. In the absence
of an...... amendments have been made in the law and new Rules and Regulations have
been framed thereunder. Section 2A(2) of the Ordinance, 1969 as amended by Act
15 of 1993 provides that no company whether incorporated in Bangladesh or not,
shall, except with the consent of the commission-
(a) make......
In the result, the
Rule is discharged.
Communicate the
judgment and order immediately to the parties concerned.
Ed.
This Case
is also Reported in: 28 BLD (HCD) (2008) 57.
..
Category: Business or Commercial Law | Date: 9 May, 2006 | Hits: 6
Hasmot Ali and others Vs. Chairman, 3rd Labour Court, Dhaka and others, 2006, 35 CLC (HCD)
....; others Vs. Bangladesh and others reported in 50 DLR(AD)11, where it has been held that "inter Ministerial Communications are merely policy guidelines in respect of certain matters concerning the business of the Government. These do not create any legal right in favour of any person to ask for ......our Court, Dhaka and others………………………..Respondents Judgment April 27, 2006. Result: All the Rules are made absolute. Cases Referred to- Managing Director, Rupali Bank Ltd. Vs. Md. Nazrul Islam Patwary & others, 48 DLR (AD) 62; Managing Director,......periods will be treated as leave without wages. Communicate copies of the judgment at once to the concerned authorities. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 427. ......periods will be treated as leave without wages. Communicate copies of the judgment at once to the concerned authorities. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 427. ..Category: Labour and Industrial Law | Date: 27 Apr, 2006 | Hits: 9
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