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M. R. Khan, Chairman of the Board of Governors, Bangladesh National Society for the Blind Vs. Bangladesh and others, 1975, 4 CLC (HCD) Adminis/constitutional

....mature stage. Accordingly, the Rule in this petition should be discharged for the reasons stated herein before. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 602   ......) 602   ......mature stage. Accordingly, the Rule in this petition should be discharged for the reasons stated herein before. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 602   ......gely depend on the interpretation of the scope and meaning of the provisions of section 9 of the Ordinance it is quoted below in full : “9. Suspension or dissolution of governing bodies of registered agencies: (1) If, after making such enquires as it may think fit, the Regi..

Category: Constitutional Law | Date: | Hits: 2

S. M. Qamruzzaman Vs. State, 1980, 9 CLC (HCD)

....t he was a man of Mr. Mashiur Rahman and that he would teach a lesson if his cattle were not selected. It was also suggested that Mr. Mashiur Rahman was a secret partner of Keramat Ali. In the cattle business and since Keramat Ali was a favourite man of Mr. Mashiur Rahman this case was initiated at ......ip;………….......................Respondent Judgment July 16, 1980 Result: The appeal is dismissed. Case Referred to- Kashi Nath Panday Vs. Emperor. AIR 1942 Cal. 214; Subramoniam Vs. Public Prosecutor (1956) 1 WLR 965; Telikecheral Kendalel Ven...... and serve out the remainder of the sentence. The order granting stay of realisation of fine is vacated. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 107.     ...... and serve out the remainder of the sentence. The order granting stay of realisation of fine is vacated. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 107.     ..

Category: Criminal Law, Evidence Law | Date: | Hits: 2

Md. Shabjahan and another Vs. Haji Yeaqub Ali Chowdhury and another, 1978, 7 CLC (HCD)

....gainst the petitioners is a false and concocted one instituted only to put pressure upon the petitioners for realization of the money advanced. He further submitted that the petitioners are bona fide businessmen end the transaction between the parties was a contract for sale, for which the remedy li......esult: The Rule is made absolute. Case Referred To- AIR 1951 Calcutta 206 and 13 Cr.L.J. (F.B.) 1988 Lawyers Involved: A.K.M. Mozammel Haque Bhuiyan with Rabia Bhuiyan—For the Petitioners. S.M. Huq—For the Complainant Opposite Party. Akbor Ali—For...... Sub-Divisional Magistrate, Sadar (North) Chittagong. In the result, the Rule is made absolute. Abdul Malek J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 63 ...... Sub-Divisional Magistrate, Sadar (North) Chittagong. In the result, the Rule is made absolute. Abdul Malek J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 63 ..

Category: Criminal Law | Date: | Hits: 1

Md. Moshiur Rahman Khan Vs. Government of the People's Republic of Bangladesh, 2010, 39 CLC (HCD)

....ator under clause (a) or clause (b) of sub section (2), the members of the Executive Committee shall be deemed to have vacated their respective offices 34 and no such member shall act or transact any business after such appointment," 23. The writ petitioners challenged the impugned order on the g......f A.K.M. Altaf Hossain Khan, Elected Chairman of Bangladesh Mudran Shilpa Samity, 120, Arambagh, Dhaka-1000 and others ………………Petitioner S.M. Mohsin, Son of Md. Rezaul Haque Sarker, Senior Vice-President, Bangladesh Mudran Shilpa Samity, 37/38/1, Nabodip Bosaklane, Lakshmibazar, Dhaka-......ew of the above discussions and reasoning we do not find any merit in this Rule. Accordingly, the Rule is discharged without Cost. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 284. ......ew of the above discussions and reasoning we do not find any merit in this Rule. Accordingly, the Rule is discharged without Cost. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 284. ..

Category: Business or Commercial Law | Date: | Hits: 72

Erria Shipping Pte Ltd. and another Vs. Lever Brothers (Bangladesh) Ltd., 2009, 38 CLC (HCD)

....umbered as Money Suit No. 603 of 1984) decreeing the suit against the defendant appellants. 2. Short facts for disposal of the appeal are that the plaintiff is a Limited Company and carries on the business of manufacture of soaps and chemicals. The plaintiff imported 1929.211 metric tons of Tallo......¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦. Appellants Vs. Lever Brothers (Bangladesh) Ltd ……………………….. Respondent Judgment February 11, 2009. Result: The appeal is allowed without any order as to cost. Cases Referred to-  9 BLC 218; 11 BLC 83; 5 BLC 579; 1990 BCR 194. L...... 28-6-89 passed in Money Suit No. 6 of 1980 is hereby set aside and the suit is dismissed. Send down the lower court records at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 801. ...... 28-6-89 passed in Money Suit No. 6 of 1980 is hereby set aside and the suit is dismissed. Send down the lower court records at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 801. ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 69

Zastat Limited Vs. Customs Excise and VAT Appellate Tribunal and others, 2011, 40 CLC (HCD)

....Pratikar Chakma, Assistant Attorney-Generals - For the Respondent No.2. Writ Petition No.3071 of 2010. Judgment Md. Ashfaqul Islam J.- Zastat Limited a private limited company engaged in the business of tourism invoked this writ petition upon which this Rule was issued calling upon the Resp......ustoms Excise and VAT Appellate Tribunal and others…………………Respondents Judgment January 31, 2011. Result: The Rule is discharged. Lawyers Involved: AFM Hasan Arif, Senior Advocate with Md. Shamsul Islam and Zakir Hossain Munshi, Advocates - For the Petitioner.  ......dustry and it is not liable to pay 15% VAT against the service ren­dered and for that VAT may be charged at the rate of 4.5% if any. 3. It has been further stated that petitioner's industry was incorporated under the Board of Investment and accordingly the Board of Investment on 17-4-2005 issued......ed. In the result, the Rule is discharged without any order as to cost. The decision of the Appellate Tribunal is hereby confirmed. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 33. ..

Category: Fiscal/Taxation Law | Date: | Hits: 40

Bangladesh Indenting Agent Association and another Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....his context. 18. Our considerate view is that the petitioners' case should be sympathetically taken into consider­ation by the Government. A small Association of the petitioner doing a particular business should be con­sidered favorably by the Government in this regard since they have been give......oners Vs. Bangladesh and others................Respondents Judgment April 10, 2012. Result: The Rule is dis­posed of with observations. Lawyers Involved: AF Hasan Arif, Senior Advocate with Razik-al-Jalil, Advocate - For Petitioners.  S.M. Moniruzzaman, Deputy Atto......r No.1 is Bangladesh Indenting Agent Association licensed under the Trade Organization Ordinance, 1961 as an Association and registered by the Registrar of Joint Stock Compa­nies and Firms. It was incorporated on 30-4-198; under the Companies Act 1913 with the object to promote, protect and safegua......om 2004 to 2009 by the Government itself. With these observations, this Rule is dis­posed of. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 389. ..

Category: Fiscal/Taxation Law | Date: | Hits: 51

Bangladesh Environmental Lawyers Association (BELA) Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)

.... system of the concerned area intact and that no other Ministry shall have any say in this regard. There is no order as to costs. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 185. ...... Pradesh, AIR 1985 SC 652; Rural Litigation and Entitlement Kendra and Others Vs. State of Uttar Pradesh and Others, AIR 1987 (SC) 359. Lawyers Involved: Probir Neogi with Mr. M. Iqbal Kabir - For the petitioner. Subrata Chowdhury - For Respondent No.12. Dr. A.K.M. Ali - For Respondent N...... system of the concerned area intact and that no other Ministry shall have any say in this regard. There is no order as to costs. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 185. ...... system of the concerned area intact and that no other Ministry shall have any say in this regard. There is no order as to costs. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 185. ..

Category: Environmental Law | Date: | Hits: 362

Yunus Ali and another Vs. State, 2008, 37 CLC (HCD)

....t for 6 (six) months more. 2. The prosecution case, in short, is that the informant Khondaker Md. Iqbal, Assistant Police Super, CID, Khulna Zone, Khulna lodged a first information report with the business in Khulna Town; that as per the said secret information, CID constable No. 63 Md. Matiar Ra......m Vs. State, 1988 BLD 106; State Vs. Munir, 1 BLC 345; State Vs. Abul Kalam, 5 BLC 230; Abu Siddique Vs. State, 1990 BLD (AD) 166. Lawyers Involved: Sarwar Ahmed with Humayan Kabir, Advocate - For the Appellants. SM Shajahan Kabir, Assistant Attorney General — For the State. Criminal A......Tribunal in order to serve out the remaining period of their respective sentence. Send down the LCR with a copy of judgment at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 793. ......Tribunal in order to serve out the remaining period of their respective sentence. Send down the LCR with a copy of judgment at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 793. ..

Category: Criminal Law | Date: | Hits: 134

Sonali Bank Limited Vs. Syed Shakhawat Hossain and others, 2011, 40 CLC (HCD)

....e, preferably within 60 (sixty) working days of receiving the Judgment and Order of this Division. Communicate the orders at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 22. ......August 21, 2011. Result: The appeal is allowed. Cases Referred to- Mozher Sowdagar Vs. Md. Zahirul Islam, 8 BLD 1999 (AD) 29=40 DLR (AD) 62. Lawyers Involved: Md. Azizul Haque, Senior Advocate and Shamshed Banu, Advocate - For the Defendant-Appellant.  Md. Abdul Malek with......e, preferably within 60 (sixty) working days of receiving the Judgment and Order of this Division. Communicate the orders at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 22. ......e, preferably within 60 (sixty) working days of receiving the Judgment and Order of this Division. Communicate the orders at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 22. ..

Category: Administrative Law | Date: | Hits: 212

Alkas Gorami Vs. State, 2006, 35 CLC (HCD)

....then went to Razayor Thana and found the dead body of his brother which he identified. 22. In his cross-examination he stated that his brother the deceased Haider Ali, did not have any monetary or business transaction with Radhasham. He also denied the defence suggestions that they had any litiga...... This Case is also Reported in: 27 BLD (HCD) (2007) 46. ...... set at liberty forthwith if he is not wanted in connection with any other case. Send down the lower court records expeditiously. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 46. ....... Md. Abdul Gafur Khan, in short, is that on 4.1.1995 at about 12.35 hours one Chowkidar namely, Akmal Hossain came to the Police Station and informed that in the field of Hasankandi two unknown dead bodies were lying and on getting this information the informant along with his forces went there and..

Category: Criminal Law | Date: | Hits: 43

Baby Masum and another Vs. Bangladesh Film Development Corporation and other, 2009, 38 CLC (HCD)

....liable to be quashed on three grounds: firstly the allegations made in the petition of complaint, even if taken to be true in their face value, do not constitute any offence, as the activities were a business transaction under a contract, with an element of dishonor of the cheques for an unpaid port......, son of Ohidur Rahman Bhuiyan……………………….Petitioner 2. Abdul Kader alias Kader, son of late Abdul Jalil Both of partnership producer Messers Light and Sound 47 Bijoy Nagar (2nd Floor) Dhaka 1000……………………….Petitioner Vs. 1. Bangladesh Film Development Corpor......Magistrate, Dhaka is hereby quashed. Send a copy of this judgment to the learned Chief Metropolitan Magistrate, Dhaka immediately. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 457. ......Magistrate, Dhaka is hereby quashed. Send a copy of this judgment to the learned Chief Metropolitan Magistrate, Dhaka immediately. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 457. ..

Category: Criminal Law | Date: | Hits: 66

Shafiqul Islam Khan Vs. The Commissioner of Taxes, 2012, 41 CLC (HCD)

....ruction was at Tk. 2,11,31,485.00. The Assessee-applicant declared to have invested the said amount out of loan taken from Exim Bank, Khatungonj Branch, Chittagong, but the said loan was advanced for business purpose and not for the construction of the building. Moreover, the loan was sanction in fa......erence succeeds. The connected Rule being No. 20(ref)/2007 is disposed off. Lawyers Involved A. J. Mohammed Ali, Advocate with Hassan M.S. Azim, Advocate with Kamal Hossain Meahzi, Advocate-For the Assessee-applicant. Mrs. Mahfuza Begum, Assistant Attorney General-For I.T. Department. ......hall be no order as to costs. The connected Rule being No.20 (ref)/2007 is disposed off with the above observation accordingly. FRM Nazmul Ahasan J. - I agree. This Case is also Reported in: ......hall be no order as to costs. The connected Rule being No.20 (ref)/2007 is disposed off with the above observation accordingly. FRM Nazmul Ahasan J. - I agree. This Case is also Reported in: ..

Category: Fiscal/Taxation Law | Date: | Hits: 83

Metro Makers and Developers Limited and others Vs. Bangladesh Environmental Lawyers’ Association Limited (BELA) and others, 2012, 41 CLC (AD)

....notification dated 4th August, 1997, the DMDP was notified which does not deal with or regulate housing projects generally-it does not require any authorization from any authority for carrying on the business of MMDL. It is further argued that the DMDP regulates the use of the land within its area a......p;Lawyers’ Association (BELA)………Appellant (In Civil Appeal No.253 of 2009) Anser Uddin Ahmed and others…………………Appellant (In Civil Appeal No.254 of 2009) Managing Director, Metro Makers and Developers Limited………………..Appellant (In Civil Appeal No.255 of 2009......dard bighas in the aggregate. By Ordinance No. III of1982, articles 2and3ofP.O.98of 1972were amended. In the definition clause in Article 2, ‘body’ was defined as “body of individuals whether incorporated or not, and includes any company firm, society, association, organization or authority, b...... Metropolitan Development Plan (DMDP) for the Dhaka city and its surrounding area, which was published in Gazette notification on 3rd August, 1997 identifying few areas of flood plains, rivers, water bodies, Sub-Flood Flow Zone (SFFZ) etc. to protect the safety, health and welfare of the common peop..

Category: Environmental Law | Date: | Hits: 434

Momin Miah & others Vs. Md. Shafiullah Patwari and others, 2007, 36 CLC (HCD)

....s been laid down: In order that service can be made under Order V, rule 15 the defendant may be absent from his residence. The absence must be from the residence of the defendant and not his place of business. Secondly, a mere absence of the defendant from his residence is not enough but the process......April 29, 2007. Result: The rule is disposed of. Cases Referred to- Upendra Chandra Rishi Vs. Sufia Begum, 42 DLR (AD) 285; Bangladesh Vs. Chand Mia, 44 DLR (AD) 98; Santosh Kumar Chakraborty Vs. MA Motaleb Hossain, 36 DLR (AD) 248; Government of Bangladesh Vs. Ramananda Sarker,54 DLR (......to accept service of the summons on his behalf, service may be made on any adult male member of family of defendant who is residing with him. 27. A combined reading and close study of provisions incorporated in rules 11, 12 and 15 of Order V and the language employed therein demonstrate that: ......umstances of the case, I direct the parties to bear their respective costs. Lower Courts Records are sent down to Courts concerned. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 86. ..

Category: Property Law | Date: | Hits: 64

Advocate Manzill Murshid and others Vs. Bangladesh, 2011, 40 CLC (HCD)

....l fours. He knew that he had to do Justice according to law. Either he assumed that the law, when strictly applied, would always also do Justice or else he decided that, if it did not, it was not his business to interfere. Today this is not the idea. No statement of the law, be it a precedent or sta......Tagore J. - I agree. Ed. This Case is also Reported in: ......mendation by the Parliamentary Sub-Committee on Law Justice Parliamentary Sub-Committee was published, without delay. Gobinda Chandra Tagore J. - I agree. Ed. This Case is also Reported in: ......mendation by the Parliamentary Sub-Committee on Law Justice Parliamentary Sub-Committee was published, without delay. Gobinda Chandra Tagore J. - I agree. Ed. This Case is also Reported in: ..

Category: Constitutional Law | Date: | Hits: 413

Md. Golam Mostafa Vs. State, 2010, 39 CLC (HCD)

....an to the Agrani Bank, Bogra and the Bank authority granted loan to the tune of Tk. 6,00,000/- (Six) lacs as cash credit (Hypo) and Tk. 50,00,000/-(fifty lacs) as cash credit (pledge) for running his business of selling and purchasing fertilizer; that the accused kept those goods in different pledge......Vs. The State……………………………………….Opposite party Judgment May 24, 2010. Result: The rule is made absolute. Lawyers Involved: Md. Mahbub Ali, Advocate - For the petitioner.   K.M. Masud Rumy, Assistant Attorney-General with Mrs. Yeasmin Begum Bit......is hereby quashed. The order of stay granted at the time of issuance of the rule is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 337. ......is hereby quashed. The order of stay granted at the time of issuance of the rule is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 337. ..

Category: Criminal Law | Date: | Hits: 97

Sultana Jute Mills Ltd. and another Vs. Bangladesh Bank and others, 2007, 36 CLC (HCD)

....s such other or further order or orders as to this Court may seem fit and proper. 2. The facts of the case as stated in the petition are that the petitioner No.1 is a company engaged in jute mills business and petitioner No.2 is its Managing Director. Petitioner No.1 has been enjoying various loa......desh Bank and others.............................Respondents Judgment April 5, 2007. Result: The rule is discharged. Lawyers Involved: Akter Imam with Shiekh Hasan Arif Advocates - For the Petitioners.  Md. Asadullah witn Khalleda Sultana Nur, Advocate - For the respondentN......is discharged without any order as to cost. The order of stay granted at the time of issuance of Rule on 3.12.2000 is hereby vacated. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 434. ......is discharged without any order as to cost. The order of stay granted at the time of issuance of Rule on 3.12.2000 is hereby vacated. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 434. ..

Category: Civil Law | Date: | Hits: 112

M/s. Sonali Agency Vs. Chairman, National Board of Revenue and others, 2008, 37 CLC (HCD)

....ce, 1984, in short, the Ordinance. 2. The petitioner is stated to be the proprietor of a firm, namely, M/S. Sonali Agency. It is the case of the petitioner that according to the requirement of the business, the petitioner contributed a sum of taka 19,45,981.00 on 01.07.97, which appeared in the b......on) Present: Mohammad Abdur Rashid J Md. Miftah Uddin Choudhury J M/S. Sonali Agency, having address at 356, Jamal Khan Road, P.S. Kotwali, District-Chittagong, represented by its Proprietor Khalil Ahmed………………….Petitioner Vs. The Chairman, National Board of Revenue an...... to have been made without any lawful authority and as such, is of no legal effect and accordingly, quashed. Communicate at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 313. ...... to have been made without any lawful authority and as such, is of no legal effect and accordingly, quashed. Communicate at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 313. ..

Category: Fiscal/Taxation Law | Date: | Hits: 94

Md. Arfan Khan Vs. Bangladesh and others, 2012, 41 CLC (HCD)

.....T Extension Road, Fakirapool, Dhaka had obtained a recruiting license being R L No.1105 from the Government under the Emigration Ordinance, 1982 (hereinafter called the Ordinance) and was conducting business of exporting manpower. All on a sudden the Government in the Ministry of Expatriates’ Wel......d. Case Referred to- Government of Bangladesh and others Vs. Md. Tajul Islam, 49 DLR (AD) 175. Lawyers Involved: A. M. Aminuddin with Sk. Shafique Mahmud and Ms. Selina Akhter, Advocates-For the petitioner. Ms. Jesmin Sultana Samsad, Assistant Attorney General-For respondent Nos.1 and......erit in the Rule. Accordingly the Rule is discharged. Stay granted at the time of issuance of the Rule is vacated. Mohammad Bazlur Rahman J. - I agree. Ed. This Case is also Reported in: ......erit in the Rule. Accordingly the Rule is discharged. Stay granted at the time of issuance of the Rule is vacated. Mohammad Bazlur Rahman J. - I agree. Ed. This Case is also Reported in: ..

Category: Constitutional Law | Date: | Hits: 407