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Gulshan Club Ltd. Vs. Chairman, National Board of Revenue and another, 2010, 39 CLC (HCD)

.... directly or indirectly by way of dividend or bonus or otherwise, howsoever by way of profit to the persons who at any time are or have been members of the Company or to any of them or to any persons claiming through any of them." 3. The Club was established by some persons who prescribed to th......sociation of the Company it has been clearly stated: "The income and property of the Company, howsoever derived, shall be applied solely towards the promotion of the object of the Company as set forth in this Memorandum of the Company and no portion thereof shall be paid or transferred, directl......is discharged without any order as to cost. The order of stay granted earlier by this Court is hereby vacated and recalled. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 29. ..

Category: Fiscal/Taxation Law | Date: 13 Dec, 2010 | Hits: 48

Monir Hossain Md. (Moni) and another Vs. Md. Yousuf and others, 2010, 39 CLC (AD)

....n of the premises by the vendor of the appellants to the respondents is a void agreement being hit by section 10 of the Premises Rent Control Act, 1991 which provides that the landlord shall not claim, receive or invite offers or asked for any premium, jamanat, salami, fine or any other like su...... The facts of the case, in brief, are that the appellants as plaintiffs filed SCC Suit No.4 of 1995 in the Court of Assistant Judge and SCC Judge, Faridpur Sadar against the respondents as defendants for a decree for ejectment. Subsequently, the case was transferred to the Court of Subordinate ......that date the defendants obtained an acknowledgement in writing from the said attorney Tamizuddin; that in view of non-acceptance of the rent on 3-1-1995 the defendants remitted the rent by money order on 10-1-1995 and in view of refusal by the landlord to receive the same they deposited t..

Category: Property Law, Tenancy Law | Date: 8 Dec, 2010 | Hits: 12

Hasna Ahmad Vs. State and another, 2010, 39 CLC (HCD)

....ion Act, 1947, now pending before the 3rd Court of the Special Judge, Dhaka are quashed so far as it relates to the petitioner. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 206. ......cated upon conjectures, surmises and speculations. Her involvement in the case as an abettor entails a journey into the minds of the Investigating Officers concerned, an exercise fraught with uncalledfor and unwarranted consequence. Having regard to the facts and circumstances of the case, it transp......ty and lease-deed in perpetuity was executed in her favour in due course and she has been indisputably in possession of the property in question. 7. Mr. Md. Asaduzzaman next submits that the bid money to the tune of Taka 2,74,79,850 quoted by the petitioner was higher than the minimum price fix..

Category: Anti-Corruption Laws | Date: 1 Dec, 2010 | Hits: 189

Shafiqul Islam (Md.) Vs. The Commissioner of Customs, Excise and VAT Rajshahi and others, 2010, 39 CLC (HCD)

....er, Customs Godown Hilli, Dinajpur (respondent No.2 and 6 respectively) to release the said lentils upon scrutiny of the import documents and other relevant documents within 7(seven) days if the claim of the petitioner be found indisputable. 3. In Writ petition No. 8681 of 2010, Rule...... by the Importer has negative Impact in Due Process of Law- Although the importer gave wrong declaration, as to the country of origin, since there are specific provisions in the Customs Act for dealing with wrong declaration by the importer at the entry point, the authority can not de......ng days without fail upon receipt of the copy of this judgment. There will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 191 ..

Category: Fiscal/Taxation Law | Date: 11 Nov, 2010 | Hits: 3

Shafiqul Islam (Md.) Vs. The Commissioner of Customs, Excise and VAT Rajshahi and others, 2010, 39 CLC (HCD)

Category: Fiscal/Taxation Law | Date: 11 Nov, 2010 | Hits: 5

Fatema Begum Vs. The Artha Rin Adalat, Narayangonj and others, 2010, 39 CLC (HCD)

....ned Advocate in support of the Rule submitted that the land in question is the only homestead belongs to the petitioner. She is neither a borrower nor a guarantor or a party in the suit. She does not claim the auctioned property that has been sold to the auction purchaser. But the auction purchaser ......ibed in schedule-1 of the writ petition). The petitioner, her brother and sisters inherited the said property after the demise of their father Dudu Mian and have been enjoying and possessing the same for more than twelve years without any interruption. She (petitioner) came to know from a reliable s......s held: “In a case like the present one the petitioners are not required to file an application under section 32 of the Artha Rin Adalat Ain and as such they are not required to deposit security money under the said section. Since the application filed by the petitioners under Order 21 Rule 58 ..

Category: Banking Law | Date: 11 Nov, 2010 | Hits: 14

Ms. Syeda Rizwana Hasan Vs. Bangladesh and others, 2010, 39 CLC (AD)

....grievances can not be redressed as they are not able to reach the Court……………………………..(20) Conversely, if the said class or group who are injured by the action do not wish to claim a right or relief against such invasion and accept such act or omission without protest, n......ly the underprivileged or the poor who are unable to come to Court due to illiteracy or monetary helplessness, a petition on their behalf will be welcomed. The litigation must have been initiated for the benefit of the poor or any number of people who have been suffering the common injury but th......cute the officers responsible. The appeal is dismissed with the above observations without any order as to costs. Ed. This Case is also Reported in: 9 ADC (2012) 816, 18 BLC (AD) (2013) 54. ..

Category: Environmental Law | Date: 8 Nov, 2010 | Hits: 258

Shanik Chandra Barmon Vs. State and another, 2010, 39 CLC (HCD)

....ccordance with the aforesaid Rules, 2007. Send a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 114 ......r any other order passed as this Court may deem fit and proper. 2. By the same Rule issuing order, all proceedings of the above mentioned CR Case was also stayed. 3. The relevant facts for disposal of the Rule are that the opposite party No. 2 Md. Rafiqul Islam, Branch Manager, Gramee......s from the members of the Grameen Bank. At that time, he misappropriated a total amount of Taka 65,886 from the collection. A departmental proceeding was drawn up on the charge of misappropriation of money belonging Grameen Bank and ultimately he was dismissed from the service on 8-3-2006. In spite ..

Category: Anti-Corruption Laws, Criminal Law | Date: 2 Nov, 2010 | Hits: 5

Redwan Ahmed Vs. Bangladesh, 2010, 39 CLC (HCD)

....il already granted to him by this Division. The order of stay granted earlier by this Court is hereby vacated and recalled. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 70. ......7 filed under section 409 of the Penal Code 1860, in respect of an offence allegedly committed on 11-6-2002 read with Section 5(2) of the Prevention of Corruption Act, 1947, nowon transfer, pending before the learned Special Judge Court No.2, Dhaka, should not be declared to be without lawful author......n, Dhaka Metropolitan Police, Dhaka on 15-2-2007 against the petitioner and two others showing the date of occurrence on 19-6-2002 alleging inter alia that the 4% of the amount received against lease money of hat-bazar of the country under the Ministry of Local Government was deposited with the Mukt..

Category: Anti-Corruption Laws | Date: 25 Oct, 2010 | Hits: 211

British American Tobacco Bangladesh Company Ltd. Vs. Begum Shamsun Nahar, 2010, 39 CLC (AD)

....ance at job. So sexual harassment definitely gives birth of a liability under the law of tort……………………………..(12) A person can be liable for tort as well and damages may be claimed against him for such wrong doing as well as against an organization or establishment if it ...... Sexual harassment in employment Sexual harassment in employment may be termed as any attention of a sexual nature in the context of work situation which has the effect of making a woman uncomfortable on the job, impeding her ability to do the work or interfering with her employment opportu......dings and observations we do not find any merit in the leave petition. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 80. ..

Category: Women and Children | Date: 13 Oct, 2010 | Hits: 21

Nurul Majid Mahmood Humayun Vs. Brigadier General Hassan PSC (Rtd.) and others, 2010, 39 CLC (AD)

....total electorates of the constituency on the nomination paper. He then submits that in the case of the respondent No.1the party (Jatiyo Party of the former President Gen HM Ershad) from which he claims to have secured nomination was in alliance with the 14-Party Alliance and a part of the "....... Qamrul Islam Siddique, Advocate, instructed by AKM Shahidul Huq, Advocate-on-Record—For the Respondent No.1. None Represented—For the Respondent Nos.2-15. Civil Petition for Leave to Appeal No.308 of 2010. (From the order dated 31-1-2010 passed by the High Court Di......indings and observations, we do not find any merit in the leave petition. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 89. ..

Category: Civil Law, Election Law | Date: 7 Oct, 2010 | Hits: 8

Orascom Telecom Bangladesh Limited Vs. National Board of Revenue and others, 2010, 39 CLC (HCD)

.... was ever issued upon the petitioner to represent his case in accordance with the said provision. He contends that in the impugned adjudication by the respondent though it has been mentioned that the claim against the petitioner is under section 55(3) of the VAT Act but the initial notice dated 5.8.......D) (2011) 319. ......ity and is of no legal effect. In elaborating his argument the learned Advocate further submits that the impugned order has been issued under section 55(3) of the Act, 1991 demanding a huge amount of money from the petitioner by giving only 10 days time which is contrary to the provisions of Section..

Category: Fiscal/Taxation Law | Date: 7 Oct, 2010 | Hits: 174

Ain O Salish Kendra Vs. Bangladesh, 2010, 39 CLC (HCD)

....lso making their workers work in unhygienic and inhuman conditions, admits only to the fact that no more then 5% of the workers engaged in the ‘bidi’ factories are children. On the other hand the claim of the petitioners is that 70% of the workers are children. Respondent No.2 bemoans the fact t......ra (ASK) and Aparajeyo Bangladesh filed the instant writ petition seeking an order from this Court declaring the continuous failure of the respondents to ensure healthy, hygienic and safe work place, for the workers within the ‘bidi’ factories of respondents No.3 to 5 in accordance with the prov......dustry, the hand looms, the fishing and fish processing industry, the metal manufacturing industry etc. He also points out that children are handed over to certain employers on payment of lump sum of money and the children are expected to work for those employers until that money is considered repai..

Category: Women and Children | Date: 5 Sep, 2010 | Hits: 261

Abdur Rashid Gazi Vs. Nur Ali Gazi and others, 2010, 39 CLC (HCD)

....he defendant No.1 and the plaintiff instituted the suit on false pretext and hence liable to be dismissed. 5. Defendant No.29-31 appearing in the suit supported the case of the plaintiff and claimed that they purchased 0.42 acres of land from the plaintiff and were in possession of the lan......t aside and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. Opposite party No.1 as plaintiff instituted the suit against the petitioner as defendant for declaration of title to, measuring 1.32 acres, confirmation of possession and for permanent inj......urchased 0.50 acres of land from Rabeya Khatun, the S.A. recorded tenant of S.A. Khatian No.92 on 21.6.1969 by a registered kabala. It was his further case that he purchased the suit land with the money given by his grandmother and that he got possession of the suit land and had been possessing..

Category: Procedural Law | Date: 10 Aug, 2010 | Hits: 4

Md. Zahirul Islam Vs. Adamjee Jute Mills Ltd., 2010, 39 CLC (HCD)

....ed this Court and obtained the present Rule. 7. Mr. A. K. M. Shafiuddin, the learned Advocate appearing for the petitioner submits that both the Courts below having failed to appreciate that the claim of the plaintiff as made in the plaint does not constitute the cause of action for money suit ......��…Petitioner Vs. Adamjee Jute Mills Ltd……………………………Opposite Parties Judgment July 20, 2010. Result: The Rule is made absolute. In a suit for causing losses or damages, the plaintiff is required to give specific instance of damages suffer......ls----------------Tk. 80,950.00 iv) Value of short receipt and quality----------------Tk. 98,189.37 3. It has been also stated that the defendant deliberately in order to misappropriate the money of plaintiff-Adamjee Jute Mills Corporation caused the aforesaid financial loss to the plainti..

Category: Limitation Law | Date: 20 Jul, 2010 | Hits: 38

Sonali Bank Vs. Sheikh Anis Uddin Ahmed, 2010, 39 CLC (HCD)

....d. Consequently Appeal from Original Decree No.841 of 1991 is dismissed. No costs. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 188. ......�…………………….Petitioner Vs. Sheikh Anis Uddin Ahmed………………………Opposite Party Judgment July 15, 2010. Result: The rule is discharged. When the reason for causing delay is unsatisfactory and not covered by any hypothetication and the conduct of the fi......ayment was fixed on 30-6-1979. Learned Judge also found that as per section 176 of the Contract Act, after the expiry of the period of loan, if the loan is not re-paid then the bank can realize the money by selling the goods. It appears that the learned Judge also found that although the period ..

Category: Civil Law | Date: 15 Jul, 2010 | Hits: 49

Ziaur Rahman (Md.) Vs. Artha Rin Adalat & others, 2010, 39 CLC (HCD)

....law and in the light of observations made above. The order of stay granted at the time of issuance of rule stands vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 189. ......bsolute. The Artha Rin Adalat Ain, 2003 (Act No. 8 of 2003); section 34 Section 34 of the Artha Rin Adalat Ain, 2003 has empowered the Adalat to detain the Judgment-debtors in Civil jail for a maximum period of 6(six) months for the purpose making them compelled to pay the decreetal m......the Artha Rin Adalat Ain, 2003 has empowered the Adalat to detain the Judgment-debtors in Civil jail for a maximum period of 6(six) months for the purpose making them compelled to pay the decreetal money and the Adalat, after passing order for such Civil imprisonment, can issue warrant of arrest a..

Category: Civil Law | Date: 14 Jul, 2010 | Hits: 48

ATM Salim Chowdhury Vs. State, 2010, 39 CLC (HCD)

....anted earlier by this Court shall stand vacated. Communicate the order at once. Salma Masud Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 494. ...... short facts leading to filing of this application under section 561A of the Code are that, one Abdul Jalil Bepari, the complainant-opposite party No.1 in this matter, filed a petition of complaint before the Court of Chief Judicial Magistrate, Sylhet, against the accused-petitioner alleging, amongs......was dishonored, on 08.03.2008, for insufficiency of fund. It further appears from the averment made in the complaint petition that the complainant has issued a notice, but the accused did not pay the money within the notice period. Hence he has filed this petition of complaint. 11. It is true t..

Category: Banking Law | Date: 13 Jul, 2010 | Hits: 187

AL-Arafah Islami Bank Limited Vs. M/S. Nobel Enterprise, 2010, 39 CLC (HCD)

....on Case No. of 2004 within four months from the date of receipt of this order. Office is directed to send down the record at once. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 351. ......ruptcy Court, Dhaka rejecting Civil Revision No.393 of 2004 and affirming those of dated 19-08-2004 and 23-08-2004 passed by learned Joint District Judge, third Court, Dhaka, rejecting an application for dismissing Money Execution Case No.01 of 2004 as not maintainable and to return the case record ......on Case No. of 2004 within four months from the date of receipt of this order. Office is directed to send down the record at once. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 351. ..

Category: Procedural Law | Date: 12 Jul, 2010 | Hits: 28

Kohinoor Chemical Co. (BD) Limited Vs. Unilever Bangladesh Limited, 2010, 39 CLC (HCD)

....peal. 5. The learned Advocate appearing for the appellant submits that the Word "Fair" in respect of fairness cream is descriptive in nature and no manufacturer of cosmetic product can claim monopoly over such word and the Court below granted temporary injunction relying upon the simi......e suit No.1 of 2009 in the Court of District Judge, Dhaka against defendant under Section 96 read with section 24(2) of the Trade Marks Act, 2009 seeking following relieves: (a) to pass a decree for permanent injunction restraining the defendant from manufacturing, marketing, distributing, sell...... aforesaid observations Civil Rule No.931 (FM) of 2009 is disposed of. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 60. ..

Category: Intellectual Property Law | Date: 11 Jul, 2010 | Hits: 269

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