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Islam Enterprise Vs. Commissioner of Taxes and another, 2007, 36 CLC (HCD)

.... 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 authorities which reconciled with the bank statements and books of accounts which were duly audited by chartered accountants? d) Whethe......¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦.Respondent Judgment August 9, 2007. Result: The references are returned with answer to the questions relating to enhancement of the receipts and rejecting summarily the applications under section 173 of the Ordinance in the negative and agai......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. ..

Category: Fiscal/Taxation Law | Date: 9 Aug, 2007 | Hits: 31

Mosammat Momina Begum Vs. Additional District Judge and Bankruptcy Court, Dhaka and others, 2007, 36 CLC (HCD)

.... by the Bankruptcy Court. Secondly, whether notices/summons were properly served or not or whether the petitioner was a guarantor/a mere shareholder of the borrower company or borrowed money from the bank or not which are disputed question of facts and for which remedy lies in the Civil Court and no...... Court Division (Special Original Jurisdiction) Present: Zinat Ara J Sheikh Abdul Awal J Mosammat Momina Begum………………………Petitioner Vs. Additional District Judge and Bankruptcy Court, Dhaka and others…………….....Respondents Judgment August 9, 2007.......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

Chairman, Rajdhani Unnayan Kartripakkha (RAJUK) Vs. A Rouf Chowdhury and others, 2007, 36 CLC (AD)

....briefly, the Act. On getting the sanction, the writ-petitioners started construction as per sanctioned plan. As the construction involved huge money, the writ petitioners mortgaged the said land to a bank and took loan. Out of 22 floors 16 floors with the foundation for the sanctioned 22-storied bui......zlul Karim J MM Ruhul Amin J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Hassan Ameen J Chairman, Rajdhani Unnayan Kartripakkha (RAJUK) ..........Appellant Vs. A Rouf Chowdhury and others.........................Respondents Judgment August 2, 2007. Cases Referred to-......d, as such, the same above the 6th floor is set aside. In the result, the appeals are allowed in part without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 28. ..

Category: Property Law | Date: 2 Aug, 2007 | Hits: 114

Dominous Pizza and others Vs. Domino's Pizza Inc., 2007, 36 CLC (HCD)

.... 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. ....... This Case is also Reported in: 61 DLR (HCD) (2009) 780. ...... 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

Arab Bangladesh Bank Limited, Motijheel Branch, Dhaka Vs. The Artha Rin Adalat and others, 2007, 36 CLC (HCD)

....e said Court should not be declared to have been made without lawful authority an of no legal effect....”. 3. Facts required for the disposal of the Rule, in short, are that the petitioner bank in­stituted Title Suit No.32 of 1996 in the Artha Rin Adalat No.3, Dhaka against respondent......ain Hider J Farah Maybug J Arab Bangladesh Bank Limited, Motijheel Branch, Dhaka ………………Petitioner Vs. Judge, Artha Rin Adalat No.3, Dhaka and others……………………Respondents (Writ Pet......discharged and the Rule in Writ Petition No.5961 of 2004 is made absolute. There will be no order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 284.   ..

Category: Banking Law | Date: 12 Mar, 2007 | Hits: 6

M. H. Monzur Vs. Md. Nuruzzaman and others, 2006, 35 CLC (HCD)

....ithin 6(six) months from the date of receipt of this order. Communicate the order at once with a copy of judgment for information. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 220. ......esent: Siddiqur Rahman Miah J Syed Mohammad Ziaul Karim J M. H. Monzur………………………………………………………………………..Petitioner Vs. Md. Nuruzzaman and others……………………………………………….Opposite Parties Judgment Au......ithin 6(six) months from the date of receipt of this order. Communicate the order at once with a copy of judgment for information. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 220. ..

Category: Procedural Law | Date: 21 Aug, 2006 | Hits: 42

R.K. Jute Mills Ltd. Vs. Government of Bangladesh and others, 2006, 35 CLC (HCD)

....ut of the total claim of Tk. 2,00,00,000.00. The settled amount was credited in the loan account of the petitioner company maintained with the Janata Bank as the goods were hypothecated with the said bank. Long thereafter, the respondent No.4 on 02.11.1998 issued a notice demanding Tk. 36,44,480.005......tijheel, Dhaka……………………………………………Petitioner Vs. Government of Bangladesh and others…………………….Re­spondents Jud....... 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)

....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. ...... 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. Iqbal Hossain, Assistant Attorney-General-For the Respondent. Criminal Appeal No.1083 of ......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

M/S. Diplomat Garment (Pvt.) Ltd. Vs. The Commissioner of Customs, Customs House, Dhaka & ors., 2006, 35 CLC (HCD)

....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. ...... J.-Rule was issued calling upon the Respon­dents to show cause as to why the Notice be­ing Nothi No.5(13)87/Cus-Bond/96/17407 dated 29.8.2005, evidenced by Annexure-E to the Writ Petition demanding payment of Tk. 2,14,50,715.00 should not be declared, to be issued without lawful authority a......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

National Securities and Consultant Ltd. Vs. Chairman, Securities and Exchange Commission, 2006, 35 CLC (HCD)

....fact that according to 19th January, 2001 issue of the English Daily "Financial Express" the respondent even impli­cated a former Director of the petitioner com­pany, Shahjahan Kabir, a renowned banker and founder Chairman of EXIM Bank Ltd. a pri­vate sector Bank of the country, in their case......CD) (2008) 57. ...... 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)

....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. ......ported 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

Md. Zulfikar Mahmud Vs. National University and others, 2006, 35 CLC (HCD)

....d to implement this order as per rules within 30 days from the date of receipt the copy of this judgment and report compliance. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 495. ......……………………………Petitioner Vs. The National University, Gazipur repre­sented by the Vice-Chancellor, Gazipur-1706 and others……………………………&h......d to implement this order as per rules within 30 days from the date of receipt the copy of this judgment and report compliance. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 495. ..

Category: Employment/Service Law | Date: 18 Apr, 2006 | Hits: 2

Rabya Khatun Vs. State and another, 2006, 35 CLC (HCD)

....appellant is found not guilty of the charge and she be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 473. ......abya Khatun…………………………………………………..Petitioner Vs. The State and another……………………………&......y;sional statement be admissible in evidence? 32. In Mahbubur Rahman Khan alias Tipu Vs. State, 16 BLD (AD) 268, accused Mahbubur Rahman was caught by the public on chase in course of committing robbery. A police offi­cer on mobile duty, on getting information about the incident, went to th..

Category: Criminal Law | Date: 18 Apr, 2006 | Hits: 10

Kishore Kumar Dutta Vs. State, 2006, 35 CLC (HCD)

....en on bail in the Criminal Appeal, bail bond furnished by him stands discharge. Lower Court's Record be sent down at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 174. ......Huq J.- In challenge of the righteousness of pronouncement of a Judgment of conviction for offence punishable under section 11(Kha) of Nari-O-Shishu Nirjatan Daman Ain of 2000 (For short Ain of 2000) and consequential sentence of seven (7) years rigorous imprisonment and a fine of Taka 3,000/- and f......en on bail in the Criminal Appeal, bail bond furnished by him stands discharge. Lower Court's Record be sent down at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 174. ..

Category: Women and Children | Date: 20 Feb, 2006 | Hits: 127

M. Manzur Ahmed Vs. Mrs. Inge Flatz and others, 2005, 34 CLC (HCD)

.... liberty to get the sale deed executed and registered through court in accordance with law. Send down the L.C.R. at once. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 41. ......tion) Present: Siddiqur Rahman Miah J Syed AB Mahmudul Huq J M. Manzur Ahmed……………………………………………………Appellant Vs. Mrs. Inge Flatz and others…………………………………….Respondent Judgment December 15, 2005...... liberty to get the sale deed executed and registered through court in accordance with law. Send down the L.C.R. at once. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 41. ..

Category: Property Law | Date: 15 Dec, 2005 | Hits: 8

M/S. Uttara Properties Ltd. Vs. Joint District Judge and Artharin Adalat No.1, Dhaka and others, 2005, 34 CLC (HCD)

....facts are that the pe­titioner is a Private Limited Company en­gaged in the business of Real Estates of which Mr. Matiur Rahman is the Chairman and Managing Director. The respondent No.2 Agrani bank and its Mohakali Branch insti­tuted Title Suit No.79/89 in the Artha Rin Adalat No.1, Dhaka i......nal Jurisdiction) Present: Md. Awlad Ali J Zinat Ara J M/S. Uttara Properties Ltd…………………………………………Petitioner Vs. Joint District Judge and Artharin Adalat No.1, Dhaka and others…………Re­spondents Judgment December 15......tent of 25% of the de­cretal dues in default the Miscellaneous Case shall stand rejected. Communicate the order at once. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 64. ..

Category: Civil Law | Date: 15 Dec, 2005 | Hits: 19

International Finance Investment and Commerce Bank Limited Vs. M/S. Marinar Fashions Wear Pvt. Ltd. and others, 2005, 34 CLC (HCD)

....pplication the learned Judge by his Order dated 10.11.2003 allowed the necessary certificate of title in respect of the concerned property in favour of the judgment debtor. But when the decree-holder bank went to the premises of the said property for taking its formal possession as directed in the O......eported in: 27 BLD (HCD) (2007)61. ......oying police force and other measures as provided in the Code. In the result, this appeal is allowed but without any order as costs. Ed. This Case is also Reported in: 27 BLD (HCD) (2007)61. ..

Category: Property Law | Date: 7 Dec, 2005 | Hits: 22

Most. Musarraf Sultana Vs. Principal and Member-Secretary, Kanchipara Mahabidhyalaya and others, 2005, 34 CLC (HCD)

....med to have been in her service in the post of Lecturer in Econom­ics. Send down the lower Court records at once. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 66. ...... Present: Md. Abdul Aziz J Most. Musarraf Sultana………………………………………………………………………………………Petitioner Vs. Principal and Member-Secretary, Kanchipara Mahabidhyalaya and others……Opposite Parties Judgment ......med to have been in her service in the post of Lecturer in Econom­ics. Send down the lower Court records at once. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 66. ..

Category: Employment/Service Law | Date: 6 Dec, 2005 | Hits: 6

Jabbar and others Vs. State, 2005, 34 CLC (HCD)

....ble. 15. P.W.8 Safer Ali deposed that on the night of occurrence he hearing cry called his brother Shawkat (P.W.9). Then he and his brother Shawkat went to the house of the in­formant. On the bank of the canal by the flash of his torch light he saw thirteen accused per­sons including appe......D (HCD) (2007) 29.  ......d down the lower Court's records at once with a copy of this judgment, for in­formation and taking necessary action. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 29.  ..

Category: Criminal Law | Date: 18 Oct, 2005 | Hits: 3

Shafiuddin Vs. Samir Bhuiyan and others, 2005, 34 CLC (HCD)

....e loans, a director of such Industries could not be held disqualified under the electoral laws. 8. His further case is that the Industries was never classified nor enlisted as a defaulter by the bank. Mere delay/default in the payment of a loan does not make a borrower a defaulter. 9. He s......;……………………………………………………Petitioner Vs. Samir Bhuiyan and others……………………………&h......he Rule is hereby recalled and vacated. Election petition is dismissed. Communicate at once. Ed.     This Case is also Reported in: 57 DLR (2005) 553.   ..

Category: Civil Law, Election Law | Date: 13 Jul, 2005 | Hits: 7