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Bangladesh Homeopathic Medicine Manufacturers Association Vs. Govt. of BD, 2006, 35 CLC (AD)
....are narcotics under the said Act although these are the most important and essential ingredients as raw materials for the preparation of Homeopathic drugs and medicines. As a result their trade and business as manufacturers and users of the Homeopathic drugs and medicines as users of alcohol and r......Association......Petitioner Vs. Government of Bangladesh and others.. ......... ........... Respondents Judgment April 3, 2005. Lawyers Involved: Khandker Mahbubuddin Ahmed, Senior. Advocate, (Mahbubey Alam, Senior Advocate and SM Munir, Advocate with him), instructed by Sufia ......t and the petitioners as the users and manufacturers of Homeopathic drugs and medicines can also carry on their lawful trade and business without being harassed under the Narcotics Control Act. ......t and the petitioners as the users and manufacturers of Homeopathic drugs and medicines can also carry on their lawful trade and business without being harassed under the Narcotics Control Act. ..Category: Health Law | Date: 3 Apr, 2005 | Hits: 759
State Vs. Md. Nasim and others, 2005, 34 CLC (AD)
....er Md. Nasim being the Minister of the said Ministry approved the same as per noting of the concerned official responsible for the evaluation of the tender and it was done bonafide in usual course of business in accordance with law and in compliance of his lawful duty as a concerned Minister. The pe......rul Kabir Chowdhury J State…………Petitioner Vs. Md. Nasim and others………………Respondents Judgment March 27, 2005. Lawyers Involved: Faisal H Khan, Assistant Attorney-General, instructed by Md. Ahsanullah Patwary, Advocate-on-Record— For the Petitioner. A......he impugned judgment and order quashing the proceeding. 17. In view of the discussion made above we do not find any merits in the petitions. The petitions are, therefore, dismissed. Ed. ......he impugned judgment and order quashing the proceeding. 17. In view of the discussion made above we do not find any merits in the petitions. The petitions are, therefore, dismissed. Ed. ..Category: Anti-Corruption Laws | Date: 27 Mar, 2005 | Hits: 95
....from actual or apparent interference or dependence upon, especially the executive arm of Government. It must be free from powerful non‑governmental interference like pressure from corporate giants, business or corporate bodies, pressure groups, media, Political pressure, etc." (underlining ar......
Md. Abdul Matin J
AFM Abdur Rahman J
Md. Faiz, Advocate of the Appellate Division of the Supreme Court of Bangladesh....................Petitioner
Vs.
Ekramul Haque Bulbul, reporter of the Daily Prothom Alo And others...........Respondents
Judgment
March 21, 2005.
......iary must be free from actual or apparent interference or dependence upon, especially the executive arm of Government. It must be free from powerful non‑governmental interference like pressure from corporate giants, business or corporate bodies, pressure groups, media, Political pressure, etc.&quo......t interference or dependence upon, especially the executive arm of Government. It must be free from powerful non‑governmental interference like pressure from corporate giants, business or corporate bodies, pressure groups, media, Political pressure, etc." (underlining are mine)
45. It is..
Category: Constitutional Law, Contempt of Court Law | Date: 21 Mar, 2005 | Hits: 7
Anil Chandra Paul Vs. Commissioner of Taxes, 2005, 34 CLC (HCD)
....xes Appellate Tribunal, Chittagong Bench, Chittagong in Income Tax Appeal (ITA) No.4502 of 2002‑2003 (for assessment year 2000‑2001). 2. The assessee applicant had been carrying on transport business in the name of Messrs Good Luck Transport Agency as its sole proprietor and having 50% shar...... With the above observations this reference application is disposed of. Ed. This Case is also Reported in: 57 DLR (2005) 756. ......raised herein are required to be answered at this moment. With the above observations this reference application is disposed of. Ed. This Case is also Reported in: 57 DLR (2005) 756. ......raised herein are required to be answered at this moment. With the above observations this reference application is disposed of. Ed. This Case is also Reported in: 57 DLR (2005) 756. ..Category: Fiscal/Taxation Law | Date: 19 Mar, 2005 | Hits: 4
....y him were forfeited and thereby he ceased to be shareholder and consequently, he also ceased to be a director of the company (Annexures 2, 3,4 and 5 of the affidavit-in-opposition); in the course of business, the company by registered deeds dated 25-4-95 and 12-11-96 purchased about 5 bighas of lan......
Appellate Division
(Civil)
Present:
Md. Ruhul Amin J
Md. Tafazzul Islam J
HBS Association (Pvt) Ltd. and others.................Appellants
Vs.
Professor Shahabuddin Khaled Chowdhury & others....Respondents
Judgment
February 22, 2005.......plication it was contended, inter alia, that the company is a private limited company having authorised capital of Taka 1,00,00,000 divided into 1,00,000 ordinary shares of Taka 100 each and it was incorporated on 15-12-1993 mainly, to build a 22-storied super market cum residential apartment comple...... and we find no cogent reason to interfere with the same.
Accordingly, the appeal is dismissed.
No order as to costs.
Ed.
This Case is also Reported in: V ADC (2008) 271.
..
Category: Company Law | Date: 22 Feb, 2005 | Hits: 364
Mustaque Hossain (Md). Vs. Md. Shajahan Miah and another, 2005, 34 CLC (AD)
....uit No.3 of 1993 in the Court of Assistant Judge Dhaka for eviction of the petitioner stating, inter alia, that he requires the suit shop for the purpose of giving accommodation to his son to start a business over there and he is the eldest son in his family and though matriculate but is unemployed ......91 (III of 1991), Section 10 & 18 Whether payment of salami makes a monthly tenant non-ejectable? The widespread and longstanding practice of voluntary payment of salami in the commercial world did not make the tenant a non-ejectable one and no interest other than tenancy right recognised...... attributed for acceptance of the salami to render the tenant non‑ejectable in accordance with law. The petitions are dismissed. Ed. This Case is also Reported in: 26 BLD (AD) 2006, 105. ...... attributed for acceptance of the salami to render the tenant non‑ejectable in accordance with law. The petitions are dismissed. Ed. This Case is also Reported in: 26 BLD (AD) 2006, 105. ..Category: Tenancy Law | Date: 1 Feb, 2005 | Hits: 120
Nasim (Md.) and another Vs. State, 2005, 34 CLC (HCD)
.... information report does not disclose any offence against either of the accused persons. We on a perusal of the same, find involvement of Md. Nasim in appointing consultant without following rules of business, disclosed a fact, which is required to be established on trial. We also find the consultan...... 1987 BLD 11; 1988 BLD 64; 1993 BLD (AD) 17; 1995 BLD 151; 1995 BLD 188, 226; 20 BLD (AD) 265; 6 MLR (AD) 297; PLD 1961 Dac 753; PLD 1964 Dac 330. Lawyers Involved: Anisul Huque, Advocate- For the Petitioners in both the cases. Md. Helal Uddin Mollah, Deputy Attorney-General- For......ision reported in 14 DLR (SC) 235 wherein it has been held the word "person" has been defined in section 11 of the Code. It includes any Company or Association or body of persons, whether incorporated or not. Section 7 of the Code declares "every expression which is explained in any p......the Rules are discharged. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 57 DLR (2005) 546. ..Category: Criminal Law | Date: 4 Jan, 2005 | Hits: 1
....t the accused persons i.e. respondent Nos.5 and 6.
2. The petitioner filed a Complaint Petition Case No.3795 of 2003 before the Chief Metropolitan Magistrate, Dhaka alleging that he is a reputed businessman and the proprietor of SA Paribahan and he has business offices in almost every district ......হিত অসংগতিপূর্ণ হইলে এই আইনের বিধান কার্যকর হইবে।
Cases Referred to-
Md. Riaz Vs. State, PLD 1966 (WP) Lahore 379;PLD 1960 SC 351; AIR 1969 SC 686.
Lawyers Involved:
Md. Mahbubur Rahman with Abu T......made absolute in part without any order as to costs. The respondent No.4 is directed to proceed with the case in accordance with law.
Ed.
This Case is also Reported in: 57 DLR (2005) 730.
......made absolute in part without any order as to costs. The respondent No.4 is directed to proceed with the case in accordance with law.
Ed.
This Case is also Reported in: 57 DLR (2005) 730.
..
Category: Anti-Corruption Laws, Criminal Law | Date: 10 Nov, 2004 | Hits: 8
Bangladesh Jute Corporation Vs. AB Jute Ltd, 2004, 33 CLC (HCD)
....s for which Redsun suffered loss. 10. Redsun Company then made an application to the Registrar of said Association for constitution of a tribunal for arbitration, claiming Taka 5, 99, 00,372 for business loss with interest at the rate of 20% thereupon. The same tribunal on 29‑6‑96 gave an e...... ...... Awards dated 2‑5‑95 and 24‑6‑96 are accordingly set aside. Send down the records. Ed. This Case is also Reported in: 57 DLR (2005) 663. ...... Awards dated 2‑5‑95 and 24‑6‑96 are accordingly set aside. Send down the records. Ed. This Case is also Reported in: 57 DLR (2005) 663. ..Category: Arbitration Law | Date: 18 Aug, 2004 | Hits: 8
.... applied for. It has been further alleged by the respondent No.4 that on 2‑4‑2002 one of the officials of the petitioner company was caught red-handed by the respondent No.1 removing confidential business documents of another industrial enterprise namely, HKD (Hi-Tech) Limited from BEPZA office ......
This Case is also Reported in: 57 DLR (2005) 631.
......g tent permission in favour of the petitioner should not be declared to have been passed without any lawful authority and is of no legal effect.
2. The petitioner, a 100% foreign-owned Company incorporated in Bangladesh under the Companies Act, 1994 and a subsidiary of North Pole Limited, Hong ...... dispose of the application of the petitioner for manufacturing tent at Chittagong EPZ within 2(two) months of receipt of this order.
Ed.
This Case is also Reported in: 57 DLR (2005) 631.
..
Category: Business or Commercial Law | Date: 17 Aug, 2004 | Hits: 2
Ashraful Alam Vs. Md. Moniruddin and ors, 2004, 33 CLC (HCD)
.... shops and adjacent vacant land comprising of 3.5 decimals remained abandoned for many years. In the first part of 1979, the plaintiffs entered into said shops with knowledge of the owner and started business first under the name and style "Capital Papers Mart". In spite of said entry by t...... (Civil Appellate Jurisdiction) Present: Md. Abdur Rashid J Syed AB Mahmudul Huq J Ashraful Alam........................................Appellant Vs. Md. Moniruddin and ors..........................Respondents Judgment August 17, 2004. Result: The A......gment and decree are hereby set aside. The suit is dismissed. Send down the records at once. Ed. This Case is also Reported in: 57 DLR (2005) 260. ......gment and decree are hereby set aside. The suit is dismissed. Send down the records at once. Ed. This Case is also Reported in: 57 DLR (2005) 260. ..Category: Property Law | Date: 17 Aug, 2004 | Hits: 2
Jane Alam (Md.) Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....nt registration and licence to the said fishing trawler of the petitioner for catching white fish in the Bay of Bengal. 2. It is stated in the writ petition that the petitioner is engaged in the business of fishing in the deep sea and marketing marine fish products all over Bangladesh. In order......ngladesh and others..............Respondents Judgment August 10, 2004. Result: The Rule is made absolute. Lawyers Involved: Dr. AKM Ali with AB Showkat Ali, Advocates- For the Petitioner. Zaman Akhter Bulbul, Assistant Attorney-General- For the Respondents. ......nce to the aforesaid Trawler of the petitioner. In accordance with law within 60 (sixty) days from the date of receipt of this order. Ed. This Case is also Reported in: 57 DLR (2005) 305. ......nce to the aforesaid Trawler of the petitioner. In accordance with law within 60 (sixty) days from the date of receipt of this order. Ed. This Case is also Reported in: 57 DLR (2005) 305. ..Category: Admiralty Law or Maritime Law | Date: 10 Aug, 2004 | Hits: 4
....
Section 2(8), the Bankers Books Evidence Act, 1891 (Act No. XVIII of 1891)
Suit for recovery of bank dues
The entries in the books of account regularly kept by the bank in the course of business are no doubt relevant at the trial. The bank is obliged to prove such entries But proof of ......allowed and The First Appeal No.47 of 1992 is dismissed.
Section 34, the Evidence Act, (I of 1872) 1872
Section 2(8), the Bankers Books Evidence Act, 1891 (Act No. XVIII of 1891)
Suit for recovery of bank dues
The entries in the books of account regularly kept by the bank in the ......rculate the judgment to all banks for guidance.
Parties are directed to bear their own cost.
Send down the records at once.
Ed.
This Case is also Reported in: 57 DLR (2005) 643.
......rculate the judgment to all banks for guidance.
Parties are directed to bear their own cost.
Send down the records at once.
Ed.
This Case is also Reported in: 57 DLR (2005) 643.
..
Category: Banking Law, Corporate Law | Date: 1 Aug, 2004 | Hits: 4
Nurul Haque (Md.) Vs. Anowara Begum and others, 2004, 33 CLC (HCD)
.... plaintiff, has appeared in the suit as P.W.2 supporting the plaintiff’s possession in the suit land. The P.W.3 Shahadat Hossain has completed his evidence by saying that he is also carrying on business in the suit land under the plaintiff and the plaintiff is possessing the suit land by growi...... a de facto counterpart of ownership. Possession is a right in the de facto relation of continuing exercise and enjoyment as opposed to the de jure relation of ownership. Possession is thus external form to justify and normally manifest in the possession in fact. Possession denotes the relationship ......t No.5 of 1985 is hereby upheld. Send down the lower Court's Record at once. Ed. This Case is also Reported in: 57 DLR (2005) 702. ......t No.5 of 1985 is hereby upheld. Send down the lower Court's Record at once. Ed. This Case is also Reported in: 57 DLR (2005) 702. ..Category: Property Law | Date: 27 Jul, 2004 | Hits: 2
....No. 1 entered into a production sharing contract with the Ministry of Energy and Mineral Resources, Government of Bangladesh and Petrobangla, that the plaintiff, a Private Limited Company, carries on business of all kinds of construction including construction of pipeline of gas transmission, that t......Reported in:56 DLR (AD) 166.
......nd 385 of the Companies Act, 1994 has submitted that the petitioners, particularly petitioner No.], is not competent to proceed with petition for leave to appeal since petitioner No. 1 has not been incorporated legally or that certificate of change in the Constitution of the Company has not been sub......ot find any reason to interfere with the judgment and order of the High Court Division.
Accordingly, the petition is dismissed.
Ed.
This Case is also Reported in:56 DLR (AD) 166.
..
Category: Civil Law | Date: 21 Jun, 2004 | Hits: 321
Abdul Gaffar Chowdhury Vs. Joint District Judge and Artha Rin Adalat & others, 2004, 33 CLC (HCD)
.... being plaintiff filed Mortgage Suit No.26 of 2001 on May, 2001 against the petitioner and his two guarantors for realisation of Taka 42,96,879 as on 30th April, 2001. The petitioner in course of his business at one time fell short of cash flow and applied to the respondent bank by a letter dated 23......e and Artha Rin Adalat & others..........Respondents Judgment June 14, 2004. Results: The Rule is discharged. Lawyers Involved: Azmalul Hossain, QC with Reba Kaniz, Advocates—For the Petitioner. Morshed Ahmed Khan with ASM Abdur Razzaque, Advocates—For Respondent No. 2....... view, not maintainable. The Rule is accordingly, discharged with cost. The order of stay granted by this Court earlier stands vacated. Ed. This Case is also Reported in: 57 DLR (2005) 138. ...... view, not maintainable. The Rule is accordingly, discharged with cost. The order of stay granted by this Court earlier stands vacated. Ed. This Case is also Reported in: 57 DLR (2005) 138. ..Category: Banking Law | Date: 14 Jun, 2004 | Hits: 310
Executive Engineer, LGED, Rangpur Vs. A Latif & Company Ltd, 2004, 33 CLC (HCD)
....ara 622). 31. Besides, one is entitled to payment for the work done but we know no law that entities him to payment for anything not done by him. 32. Claim No.2 is for Taka 98,92,355.49 for business loss and damages for not paying said amount of Taka 63,95,919.50 (under claim No.1) by 31.......Appellant Vs. A Latif & Company Ltd...................................Respondent Judgment April 11, 2004. Result: The Appeal is allowed. Appointment of Arbitrator by the Court Section 20(4) empowers the Court to make an order of reference to the arbitrato......d dated 22‑6-2000 is accordingly set aside. The arbitration agreement now ceases to have any effect. Communicate at once. Ed. This Case is also Reported in: 57 DLR (2005) 656. ......d dated 22‑6-2000 is accordingly set aside. The arbitration agreement now ceases to have any effect. Communicate at once. Ed. This Case is also Reported in: 57 DLR (2005) 656. ..Category: Arbitration Law | Date: 11 Apr, 2004 | Hits: 3
Ershad Ali Sikder (Md) Vs. State, 2004, 33 CLC (AD)
.... with Khulna Police Station stating, inter alia, that they have a Salt Industry under the name and style "Rajapur Salt" on the other side of the river at Khulna Jailkhana ghat and another business named A Jalil Company Limited of which her father A Jalil is the owner. The Managing Dire......e ...........................................Respondent Judgment March 22, 2004. The Constitution of Bangladesh, 1972, Article 105 Unless the impugned order shows error apparent on the face of the record the same cannot be reversed in review basing o......e are in respectful agreement with the aforesaid observation which manifests the correct exposition of law on the subject. The petition is, accordingly, dismissed. Ed. ......e are in respectful agreement with the aforesaid observation which manifests the correct exposition of law on the subject. The petition is, accordingly, dismissed. Ed. ..Category: Constitutional Law | Date: 22 Mar, 2004 | Hits: 332
....ph 3 of the affidavit-in-opposition that the Chittagong City Corporation, the petitioner, owns a great number of shops, markets and commercial buildings all over the Chittagong City. It runs its such business establishments by recruiting and employing a huge number of employees and work force and ea......1.
......y Labour Union AIR 1969 SC 276, the question was, whether the Cricket Club of India. Bombay was an 'industry' within the meaning of section 2(j) of the Industrial Disputes Act. The Club was incorporated as a company with the principal objects to encourage and promote various sports, particul......) Notwithstanding the previous clauses, sovereign functions, strictly understood, (alone) qualify for exemption not the welfare activities or economic adventures undertaken by government or statutory bodies.
(c) Even in departments discharging sovereign functions, if there are units which are i..
Category: Corporate Law, Employment/Service Law | Date: 14 Mar, 2004 | Hits: 4
Ataur Rahman (Md.) another Vs. Edruc Limited, 2004, 33 CLC (HCD)
....tainable and are therefore, liable to be dismissed. In the result, the applications are dismissed without any order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 337. ...... In the result, the applications are dismissed without any order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 337. ......tainable and are therefore, liable to be dismissed. In the result, the applications are dismissed without any order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 337. ......tainable and are therefore, liable to be dismissed. In the result, the applications are dismissed without any order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 337. ..Category: Company Law | Date: 3 Mar, 2004 | Hits: 8
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