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Concord Engineers Construction Ltd. Vs. Commissioner of Taxes, 1999, 28 CLC (HCD)
....tribution Co. Ltd. Dhaka, 46 DLR 332; 142 ITR 528; 44 ITR 847; Commissioner of Income Tax, Andhra Pradesh Vs. Gopi Krishna Muralidhar, 47 ITR 469 and 51 ITR 835. Lawyers Involved: MA Noor, Advocate—For the Applicant. Md. Aftabuddin—For the Respondent. Income Tax Reference Applicatio......any finding that the capital borrowed by the company was not for the purpose of its business. In this connection it may be stated that neither the authority nor the Appellate Tribunal at any point of time doubted the payment of interest on account of borrowed capital. The Commissioner of Taxes disal......stions raised in these references in the negative and in favour of the assessee applicant. The parties are left to bear their own cost. Ed. This Case is also Reported in: 52 DLR (2000) 562. ......stions raised in these references in the negative and in favour of the assessee applicant. The parties are left to bear their own cost. Ed. This Case is also Reported in: 52 DLR (2000) 562. ..Category: Fiscal/Taxation Law | Date: | Hits: 135
Kamruzzaman (Md.) alias Zaman Vs. State, 2000, 29 CLC (HCD)
....ase No.2 dated 6-3-2000 to the satisfaction of the District Magistrate, Rajshahi. Ed. This Case is also Reported in: 52 DLR (2000) 556. ......torney-General disputes and contradicts the contention of Mr. Dastagir Hossain submitting inter alia that the Special Powers Act, 1974 is a special statue and it shall override all other laws for the time being in force (Section 26). He argues that the accusation against the appellant comes within t......har, District-Rajshahi be enlarged on bail in Motihar PS Case No.2 dated 6-3-2000 to the satisfaction of the District Magistrate, Rajshahi. Ed. This Case is also Reported in: 52 DLR (2000) 556. ......har, District-Rajshahi be enlarged on bail in Motihar PS Case No.2 dated 6-3-2000 to the satisfaction of the District Magistrate, Rajshahi. Ed. This Case is also Reported in: 52 DLR (2000) 556. ..Category: Criminal Law | Date: | Hits: 72
Bally Schutrabriken Ag, Switzerland Vs. Hosnara Begum, 1999, 28 CLC (HCD)
....r. The Court fees paid are correct. The appeal is accordingly dismissed with costs. Ed. This Case is also Reported in: 52 DLR (2000) 546. ...... Registrar after hearing the parties and on perusal of the records rejected the objection filed by the appellant on the ground that the appellants trade mark had no user in Bangladesh at any point of time nor the same was registered in Bangladesh under the Act and as such there was no question of de......ined to interfere with the impugned judgment and order. The Court fees paid are correct. The appeal is accordingly dismissed with costs. Ed. This Case is also Reported in: 52 DLR (2000) 546. ......ined to interfere with the impugned judgment and order. The Court fees paid are correct. The appeal is accordingly dismissed with costs. Ed. This Case is also Reported in: 52 DLR (2000) 546. ..Category: Intellectual Property Law | Date: | Hits: 210
Category: Property Law | Date: | Hits: 110
Bangladesh Legal Aid and Services Trust (BLAST) and another Vs. Bangladesh, 2010, 39 CLC (HCD)
....es Trust (BLAST) and another ..........Petitioners Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs, Government of the People's Republic of Bangladesh, Bangladesh Secretariat, Dhaka and others .......................Respondents Judgment March 2, 2010. Result: ...... 2. Pending disposal of the Rule, the execution of the death sentence of petitioner No.2, the convict Md. Shukur Ali was stayed, initially for a period of three months, and subsequently extended from time to time and lastly by order dated 12.01.2009 it was extended till disposal of the Rule. 3. T......a copy of this judgment be communicated at once. Sheikh Abdul Awal J. - I agree. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 194; 15 MLR (HCD) (2010) 145; 30 BLD (HCD) (2010) 194. ......a copy of this judgment be communicated at once. Sheikh Abdul Awal J. - I agree. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 194; 15 MLR (HCD) (2010) 145; 30 BLD (HCD) (2010) 194. ..Category: Criminal Law | Date: | Hits: 128
Shahidul Islam Mohan @ Mohan Huzur Vs. State, 2011, 40 CLC (HCD)
....uses in any way the privilege of bail. Communicate the order. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......t liberty to cancel the bail, if the accused appellant misuses in any way the privilege of bail. Communicate the order. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......t liberty to cancel the bail, if the accused appellant misuses in any way the privilege of bail. Communicate the order. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......s that on 19.06.2010 one S. I. Ziaul Ahshan lodged a FIR with the Kushtia Police Station alleging inter alia that he along with other police personnel’s arrested the accused appellant and recovered arms as per the statement of the accused appellant and thereafter seizing the alleged arms brought t..Category: Criminal Law | Date: | Hits: 91
Md. Nurul Hakim @ Md. Noor Hakim Vs. State, 2011, 40 CLC (HCD)
....uses in any way the privilege of bail. Communicate the order. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......t liberty to cancel the bail, if the accused appellant misuses in any way the privilege of bail. Communicate the order. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......t liberty to cancel the bail, if the accused appellant misuses in any way the privilege of bail. Communicate the order. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......t liberty to cancel the bail, if the accused appellant misuses in any way the privilege of bail. Communicate the order. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 57
Shahadat Hossen Vs. State, 2011, 40 CLC (HCD)
....uses in any way the privilege of bail. Communicate the order. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......t liberty to cancel the bail, if the accused appellant misuses in any way the privilege of bail. Communicate the order. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......t liberty to cancel the bail, if the accused appellant misuses in any way the privilege of bail. Communicate the order. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......as got fair chance of acquittal in this case. Since the informant of the case is a private person, who has got enmity with the father of the appellant and the police did not arrest the appellant with arms and as such the impugned order is liable to be set aside and the appellant may be enlarged on b..Category: Criminal Law | Date: | Hits: 41
Ershad Ali Vs. State, 2000, 29 CLC (HCD)
....bunal will however be at liberty to cancel bail if there is any misuse of the same. Ed. This Case is also Reported in: 52 DLR (2000) 544.......e by the Sangstha who in breach of condition did not deliver new marine engines as agreed upon but imported second hand engines and construction of the vessels was not completed within the stipulated time. The Sangstha filed an application under Article 33 of PO 128 of 1970 for realisation of the lo......n of the District Magistrate, Chandpur. The learned tribunal will however be at liberty to cancel bail if there is any misuse of the same. Ed. This Case is also Reported in: 52 DLR (2000) 544.......ound on the road. On interrogation appellant Ershad Ali gave out that his associates namely, Abul, Sekul, Mostafa, Pakky, Shahid Howlader, Jahangir, Bhutto and 2/3 other unknown persons brought those arms. The appellants were arrested under section 54 of the CrPC. 3. Bail petition of the appellan..Category: Criminal Law | Date: | Hits: 38
Shakainath Mohanta Vs. Md. Tatikuddin Mondal and others, 1999, 28 CLC (HCD)
.... Communicate the order of the Court to the learned Subordinate Judge, Noagaon at once. Ed. This Case is also Reported in: 52 DLR (2000) 541....... written objection denying all its material allegations and contended inter alia that the fact of death of deceased defendant No.17 Nur Mohammad was known to the plaintiff- petitioner long ago at the time of hearing of Civil Revision No.108/1989 (Rangpur)/Civil Revision No.1507 of 1991 (Dhaka) and a......hin 6 months from date of the receipt of this order. Communicate the order of the Court to the learned Subordinate Judge, Noagaon at once. Ed. This Case is also Reported in: 52 DLR (2000) 541.......hin 6 months from date of the receipt of this order. Communicate the order of the Court to the learned Subordinate Judge, Noagaon at once. Ed. This Case is also Reported in: 52 DLR (2000) 541...Category: Property Law | Date: | Hits: 73
Habib Bank Ltd. Vs. Eastern Bank Limited and another, 1999, 28 CLC (HCD)
....istance rendered by the two learned Senior Advocates of the Bar is highly appreciated. Ed. This Case is also Reported in: 52 DLR (2000) 537.......ain question arises in this case as to whether a Bank Guarantee can be accepted by the Court with regard to deposit of 50% of the decretal amount as provided in section 7(2)(3) of the said Act at the time of preferring appeal in the High Court Division. Mainul Hosein, the learned Advocate appearing ......l be registered if it is otherwise in order. The assistance rendered by the two learned Senior Advocates of the Bar is highly appreciated. Ed. This Case is also Reported in: 52 DLR (2000) 537.......l be registered if it is otherwise in order. The assistance rendered by the two learned Senior Advocates of the Bar is highly appreciated. Ed. This Case is also Reported in: 52 DLR (2000) 537...Category: Civil Law | Date: | Hits: 87
Foto Fast Color Lab Vs. Bangladesh & others, 2000, 29 CLC (HCD)
....€¦Respondents Judgment May 25, 2000. Cases Referred To- Bangladesh Telecom (Pvt.) Ltd. Vs. Bangladesh T & T Board and ors., 48 DLR (AD) 20. Lawyers Involved: Rafiqul Islam, Advocate—For the Petitioners. Obaidur Rahman Mostafa, Deputy Attorney-General—For the Respondents.......e case on merit on the ground of barred by limitation by order dated 2-6-1997. Thus the petitioner being aggrieved has moved this court thereafter and obtained the present Rule and stay. 3. At the time of hearing of the Rule the petitioner by way of supplementary affidavit further asserted that s......onsequent right of the parties to proceed in accordance with law. In the result, this Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 533.......onsequent right of the parties to proceed in accordance with law. In the result, this Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 533...Category: Fiscal/Taxation Law | Date: | Hits: 139
Asaduzzaman (Md.) Vs. Md. Salamatullah & others, 1999, 28 CLC (HCD)
.... High Court Division (Criminal Miscellaneous Jurisdiction) Present: Md. Hamidul Haque J Md. Hassan Ameen J Asaduzzaman (Md.)………………………..Petitioner Vs. Md. Salamatullah & others………………………..Opposite Party Judgment August 5, 1999. Ca......in the mind and is not expressed. If there are allegations that goods were delivered on credit on specific promise of repayment within a specific date but the payment was not made within the specific time, it may be inferred initial intention of deception. This is clear from the principle laid down ......quashed. In the result, both the Rules are made absolute. The proceedings of CR Case No.555 of 1996 and CR Case No.65 of 1996 are quashed. Ed. This Case is also Reported in: 52 DLR (2000) 530.......quashed. In the result, both the Rules are made absolute. The proceedings of CR Case No.555 of 1996 and CR Case No.65 of 1996 are quashed. Ed. This Case is also Reported in: 52 DLR (2000) 530...Category: Criminal Law | Date: | Hits: 46
Mehnaz Sakib Vs. Bangladesh, 1999, 28 CLC (HCD)
....th any other case. Ed. This Case is also Reported in: 52 DLR (2000) 526.......r right of making effective representation to the authority against the detention. The learned Advocate further submits that the grounds set up in Annexure X(1) are vague and indefinite disclosing no time, place and manner of the alleged prejudicial activities of the detenu. There is mere mentioning......se the detenu Mrs. Jobaida Rashid now detained in Dhaka Central Jail, Dhaka forthwith if she is not wanted in connection with any other case. Ed. This Case is also Reported in: 52 DLR (2000) 526.......u is involved in politics, she is also involved in activities which are subversive of the State and its discipline and law and order, she is creating imbalance in the social harmony through supply of arms to the miscreants, and assisting and harboring anti-State elements. She was arrested for guidin..Category: Criminal Law | Date: | Hits: 64
Tarique Rahman Vs. Director General, Bureau of Anti-Corruption, 1999, 28 CLC (HCD)
....Director General, Bureau of Anti-Corruption, Government of Bangladesh and others ……………..Respondent Judgment March 23, 1999. Cases Referred To- Sontosh Bhusan Das & Anr Vs. State and ors, 4 BLT (AD) (1996) 58; Abdul Kabir Vs. State, 50 DLR 306; Mustafizur Rahman and 3 others......s in possession of pecuniary resources or property disproportionate to his known sources of income, it may, by order, require such person to furnish in the prescribed manner and within the prescribed time a statement of his property and liabilities and such information relating thereto as may be req...... of Anti-Corruption because the condition precedent for such delegation is satisfaction of the Government which is incapable of delegation. Ed. This Case is also Reported in: 52 DLR (2000) 518. ...... of Anti-Corruption because the condition precedent for such delegation is satisfaction of the Government which is incapable of delegation. Ed. This Case is also Reported in: 52 DLR (2000) 518. ..Category: Criminal Law | Date: | Hits: 69
Category: Intellectual Property Law | Date: | Hits: 319
Abdur Rahim Chowdhury Vs. Bangladesh Bank, Dhaka and others, 1997, 26 CLC (HCD)
....adesh Bank, Dhaka and others………………Respondents Judgment July 10, 1997. Lawyers Involved: Syed Ishtiaq Ahmed with Dr. M Zahir, Rokanuddin Mahmud and Faisal Mahmud Faizee, Advocates — For the Petitioner. KS Nabi, Attorney-General with Bazlur Rahman Chhana, Assistant Attor......under section 46(2) directed the petitioner to refrain from discharging the responsibilities of the Managing Director of Arab Bangladesh Bank until further order and the Deputy Director shall for the time being act as the Chief Executive of the Bank. It is stated that on the self same allegations of......mount illegally. The overdraft facilities was allowed in the year 1994 and as on 30-10-96 the arrear was Taka 2.10 crore out of which only Taka 6.50 lakh was deposited. As a result the possibility of recovery of the said outstanding has become very remote. It is for those allegations that the Bangla......n the prayer of the petitioner let the operation of the order be stayed for 4 days to enable the petitioner to move the Appellate Division. Ed. This Case is also Reported in: 51 DLR (1999) 231. ..Category: Employment/Service Law | Date: | Hits: 79
Sayed Nurul Hossain Vs. Secretary, Ministry of Industries, 1998, 27 CLC (HCD)
.... Sayed Nurul Hossain…….. Petitioner Vs. Secretary, Ministry of Industries.……………...Respondents Judgment June 8, 1998. Cases Referred to: Managing Director and Chairman National Bank of Pakistan vs. Ataul Huq, 17 DLR (SC) 74; 13 DLR (HC) 805, 29 DLR (SC) 232; 32 DLR (AD......ted the Rule and filed affidavit-in-opposition stating, inter alia, that the petitioner, on 30-4-91, retired from BSTI as Director Administration on attaining retirement age of 57 years and so at the time of issuance of the appointing letter dated 31-12-91 (Annexure-A) the petitioner was a public se......yment of the petitioner and accordingly no interference is called for. In the result the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 226.......yment of the petitioner and accordingly no interference is called for. In the result the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 226...Category: Employment/Service Law | Date: | Hits: 117
Shahidul Vs. State, 1998, 27 CLC (HCD)
....e is also Reported in: 51 DLR (1999) 222.......t and order of conviction have been passed against the accused petitioner and others on the basis of evidence on record and that the accused petitioner having absconded after attending Court for some time clearly indicates his guilty mind and accordingly, the impugned judgment and order of convictio......ce about their patrol duty on the date, time, place and apprehension of one of the accused namely, Al-Amin in the manner as alleged by the prosecution. They have further corroborated each other about recovery of 2 live bombs from the control and possession of apprehended accused Al-Amin on the date ...... a merely constructive or presumed possession or control which the law might for other purposes import into the facts of the case. It is incumbent upon the prosecution to give good evidence that such arms are in exclusive possession and control of the particular member of the party who is sought to ..Category: Criminal Law | Date: | Hits: 33
Ekramul Huq @ Bachchu and another Vs. State, 1999, 28 CLC (HCD)
....1999) 219. ......ed by the investigation officer under sections 302/201 of the Penal Code against the eight accused including the present appellants and charge was also framed against them under those sections at the time of trial. Both the appellants made statement under section 164 Cr.P.C. and on the basis of thei......ribunal may consider the question of granting bail to the accused persons if such application is made. Send down the LC records at once. Ed. This Case is also Reported in: 51 DLR (1999) 219. ......ribunal may consider the question of granting bail to the accused persons if such application is made. Send down the LC records at once. Ed. This Case is also Reported in: 51 DLR (1999) 219. ..Category: Criminal Law | Date: | Hits: 90