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Md. Akkas Ali Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....y, the Government decision to select a site for a local body on the resolution of the Union Parishad and the report of the Deputy Commissioner can not be questioned as being violative of the rules of business. In the instant case, the High Court Division on perusal of the local map found that in the...... May 31, 2010. Result: The Rule is discharged. Writ Jurisdiciton of the Court The Writ Court under Article 102 of the Constitution can not interfere with the administrative approval accorded by the Government and administrative approval is not subject to judicial review.....................case, we find no merit in the Rule. The Rule, therefore, fails. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 390. ......case, we find no merit in the Rule. The Rule, therefore, fails. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 390. ..Category: Administrative Law | Date: | Hits: 261
Doon Valley Rice Limited Vs. MV Yue Yang and others, 1996, 25 CLC (HCD)
....hri Naresh Agarwal, Managing Director of the company be and is hereby generally authorised to file a legal suit on behalf of the company, in any Indian or International Court regarding the day to day business affairs of the company, Resolved, further that Shri Naresh Aggarwal is further authorised t.......................Plaintiff Vs. MV Yue Yang and others………………………..Defendants Judgment July 30, 1996. Result: The applications are rejected. If the Managing Director of the company has no power under the Articles of Association to file a suit on behalf of the com......aint and the verification thereof. All these applications have been heard together and shall be disposed of by this Judgment. 4. The plaintiff Doon Valley Rice Limited, a private limited company incorporated under the Indian Companies Act, having its registered office at Karnal, India filed the s...... well as the application for the return of the plaint are rejected. And the suit is held to be maintainable in Admiralty Jurisdiction. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 531. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 258
Md. Arman Hossain (Chairman) Vs. State, 2010, 39 CLC (HCD)
....e present petitioner and three others under section 406/420/34 of the Penal Code and section 138 of the Negotiable Instrument Act, 1881, alleging, amongst other, that the complainant is a established businessman in tobacco leaves (Virginia tobacco) and in other goods. The accused No.2, who is the pe......he rule is discharged. The Penal Code, 1860 (XLV of 1860), section 405 To bring any person within the mischief of section 406 of the Penal Code, 1860, there must be "entrustment with property" or 'dominion over property' of other person. But such 'entrustment with property' or 'dominion over ...... order of stay granted at the time of the issuance of the rule shall stand vacated. Communicate the order to the court concerned. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 495. ...... order of stay granted at the time of the issuance of the rule shall stand vacated. Communicate the order to the court concerned. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 495. ..Category: Criminal Law | Date: | Hits: 116
Ahmed Akbar Sobhan Vs. State, 2011, 40 CLC (HCD)
....t that the convict-petitioner, Ahmed Akbar Sobhan @ Shah Alam is the Managing Director of Bashundhara Group who is one of the richest man in Bangladesh who has been running different Industries and business concern and other accused persons are his wife and sons. It is submitted that the accused p......minal Procedure, 1898 (V of 1898); section 561A A convict may invoke the jurisdiction of the High Court Division under section 561A of the Code of Criminal Procedure if he can make out a case of 'coram non-judice’ of the trial Court or that the facts alleged do not constitute any criminal offen......s discharged from his bail bond. Send down LCR and a copy of the Judgment to the trial Court for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 417. ......s discharged from his bail bond. Send down LCR and a copy of the Judgment to the trial Court for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 417. ..Category: Criminal Law | Date: | Hits: 109
Mohammed Ali Vs. Director, Marine Fisheries Office and others, 2009, 38 CLC (HCD)
....icence dated 23-2-2009 in favour of the petitioner only after complying with all statutory provisions. There is no order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 769. ...... 769. ......icence dated 23-2-2009 in favour of the petitioner only after complying with all statutory provisions. There is no order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 769. ......icence dated 23-2-2009 in favour of the petitioner only after complying with all statutory provisions. There is no order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 769. ..Category: Civil Law | Date: | Hits: 124
Chittagong Dry Dock Ltd. Vs. Commissioner of Taxes, 2012, 41 CLC (HCD)
....the AACT who confirmed DCT's disallowances of the provision of leave pay and gratuity on actual basis inasmuch as, to the fact that it is an expenditure incurred for the year and for the purpose of business which is allowable under section 29(1)(XXVII) of IT Ordinance, 1984 subject to limitation s......…………Respondent Judgment May 17, 2012. Result: The Registrar is to take steps under section 161(2) of the Income Tax Ordinance, 1984. Lawyers Involved: Sarder Jinnat Ali - For the Applicant. Abdur Rahim Bhuiyan, Assistant Attorney-General with Kazi Zinat Hoque, As......ervations made in the body of the Judgment. The Registrar is to take steps under section 161(2) of the Income Tax Ordinance, 1984. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 412. ......ervations made in the body of the Judgment. The Registrar is to take steps under section 161(2) of the Income Tax Ordinance, 1984. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 412. ..Category: Fiscal/Taxation Law | Date: | Hits: 107
Rashida Mahabub Vs. IFIC Bank & others, 2007, 36 CLC (HCD)
....ffidavit dated 2-4-2007 stating that the petitioner's husband Mahbub Hossain Khan, a Judgment-debtor of the suit, transferred all of his wealth in the name of his wife and children so that when his business comes to a standstill because of default in repaying the loan money to the Bank, he can esc......79; Abdul Motalib Vs. Shahed Ali, 47 DLR (AD) 9; Mollah Shahidul Islam Vs. Md. Monsur Rahman, 2005 BLD 171 = 57 DLR 164. Lawyers Involved: Md. Ashad Ullah with Khaleda Sultana Nur, Advocates - For the Petitioner. Masud Ahmed Sayed, Advocate - For Respondent No.1. Writ Petitio......ith the execution case in accordance with law. The order of stay stands vacated. Communicate the Judgment to the Adalat at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 78. ......ith the execution case in accordance with law. The order of stay stands vacated. Communicate the Judgment to the Adalat at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 78. ..Category: Civil Law | Date: | Hits: 136
Haji Mohammad Salim Ullah Vs. State and another, 2009, 38 CLC (HCD)
....ase against accused petitioner Haji Mohammad Salim Ullah under section 138 of the Negotiable Instrument Act, stating the facts, inter alia, that he and the accused entered into a partnership deed for business on 24.02.2000 and subsequently executed an agreement on 18.05.2000; that in the course of b......…Opposite Parties Judgment January 27, 2009. Result: The rule is discharged. Case Referred to- Nur Hossain (Md) Vs. State, 7 BLC 241. Lawyers Involved: Md. Aminul Islam - For the Petitioner. Abdul Basel Majumder - For the Opposite Party No.2. S.M. Shahjahan K......nal Procedure. The Rule thus fails. In the result, the rule is discharged. The order of stay granted earlier shall stands vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 416. ......nal Procedure. The Rule thus fails. In the result, the rule is discharged. The order of stay granted earlier shall stands vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 416. ..Category: Criminal Law | Date: | Hits: 107
....ot be declared to be made/issue without lawful authority and of no legal effect.
2. The background leading to the petition, in short, is that the petitioner is a limited company and continuing the business of Hotel and Restaurant. It is stated the petitioner has been regularly maintaining its VAT......cha, Dhaka and others………………………………………Respondent
Judgment
February 24, 2010.
Result:
The Rule is made absolute in part.
Case Referred to-
Ms. Camico Laboratories Ltd Vs. Government Bangladesh and others, 11 MLR (AD) 192.
Lawyers Involved:
Md. Sad......However, the petitioner will be at liberty to give reply under section 55 of VAT Act as per notice dated 15th July, 2007(Annexure-B).
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 388.
......However, the petitioner will be at liberty to give reply under section 55 of VAT Act as per notice dated 15th July, 2007(Annexure-B).
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 388.
..
Category: Fiscal/Taxation Law | Date: | Hits: 107
....s of operating any bank account, though the Articles of Association has not provided him with such powers. So if an injunction is granted this will not in any way create problem in the running of the business of the company particularly the publication of the newspaper the daily Ittefaq. It appears ......ions Limited and others………………Appellants
Vs.
Arab Bangladesh Bank Limited and others………………Respondents
Judgment
May 5, 1998.
Result:
The appeal is allowed.
For holding a valid meeting of the Board of Directors written notice must be given to all the member ......nd the publication of the newspaper the daily Ittefaq the parties in litigation may act in pursuance to resolution dated 30‑9‑90.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 597.
......nd the publication of the newspaper the daily Ittefaq the parties in litigation may act in pursuance to resolution dated 30‑9‑90.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 597.
..
Category: Company Law | Date: | Hits: 127
M. Anwar Hossain and others Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
.... Taher had been executed. He wanted me to know that he knew positively that GeneralZia had personally taken the decision to executed Taher wellbefore Colonel Yusuf Haider and his team “opened forbusiness”, albeit sordid business, behind the walls of DhakaCentral Jail. At the end of January......ain and others……………Petitioners (In Writ Petition No.7236 of 2010) with Hasanul Huq Inu…………………………………Petitioner (In Writ Petition No.826 of 2011) with Major Ziauddin and others……………...Petitioner (In Writ Petition 1048 of 2011) And Md. Abd......ndex of condonation being binding upon us, there is no need to repeat them, save saying that so far as the instant case is concerned the index shall apply mutatis mutandis. 147. Having thus auto incorporated the above list in this judgment, our view is that the said list does not apply to the pet......nation by all means; it is also against the honour of each and every soldier of the Armed Forces who are oath bound to bear true faith and allegiance to Bangladesh and uphold the Constitution which embodies the will of the people, honestly and faithfully to serve Bangladesh in their respective servi..Category: Criminal Law | Date: | Hits: 154
Abdul Motaleb and others Vs. Customs, Excise and VAT Appellate Tribunal, 2011, 40 CLC (HCD)
....filing appeal before the respondent No.1. 2. The background leading to the Rule, in short, is that the petitioners are the proprietors/ partners of Banoful & Co., which is one of the leading business concern producing and marketing sweetmeats and bakeries. The respondent No.4 is the Addit......ute. The Value Added Tax Act, 1991 (Act No. XXII of 1991); sections 37, 55 The Value Added Tax Act, 1991 is absolutely a comprehensive and exhaustive law touching upon every discipline categorized under the said Act. The interpretation of the VAT Act shall have to be on a different footing......tice dated 14-2-2008 (Annexure-C) is also declared to have been passed and issued without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 100. ......tice dated 14-2-2008 (Annexure-C) is also declared to have been passed and issued without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 100. ..Category: Fiscal/Taxation Law | Date: | Hits: 135
Rezia Sultan & another Vs. Md. Haroon Malik and another, 2011, 40 CLC (HCD)
....er month payable according to English Calendar in respect of one pucca ground floor room No.3 of the building lying and situated at Rezia Manzil, 64, Purana Paltan in which defendants are carrying on business therein under the name and style 'Continental Motors'. As per agreement of tenancy dated 15......sult: The rule is made absolute. Jurisdiction of the Small Causes Court Small Cause Courts are constituted under section 5 of Small Causes Courts Act, 1887; section 15 of the Act provides for jurisdiction of Courts of Small Causes i.e. the Court has jurisdiction in the case of eviction of......cellaneous case No.192 of 1980 are set aside. Send down the lower Court records at once. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 347. ......cellaneous case No.192 of 1980 are set aside. Send down the lower Court records at once. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 347. ..Category: Civil Law | Date: | Hits: 94
Muhibur Rahman Manik and another Vs. State, 2006, 35 CLC (HCD)
....eof. They are set at liberty at once if not required in connection with any other case. Lower Court Records are sent down at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 279. ......s. The State………………………Respondent Judgment August 13, 2006. Result: The Criminal Appeal is allowed. Interpretation of judgment A Judicial decision is only an authority for what it actually decides. It cannot be quoted for a proposition that may seem, to follow f......eof. They are set at liberty at once if not required in connection with any other case. Lower Court Records are sent down at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 279. ......bur Rahman Manik as the absolute owner of occurrence building stood broken to smithereens. 46. P.W.5, the seizure list witness blurted out in his evidence that he did not find anything except dead bodies. It is, also, his evidence that he found five bags but he did not see what had been in the ba..Category: Criminal Law | Date: | Hits: 83
Md. Ragib Hasan Khan @ Munu Vs. State and another, 2009, 38 CLC (HCD)
....lass, cognizance court No.2, Pabna alleging, inter alia, that the accused Md. Salim Khan is a proprietor of "New shoe Museum", Ishurdi, Pabna; that he gave a proposal for loan for purpose of his shoe business and thereafter with the agreement with the bank, he took C.C loan of Taka 1,50,000/= that a......inal Procedure, 1898 (Act No. V of 1898); section 561A Extent of section 561A Cr.P.C. Section 561A of the Code provides that nothing in the Code of Criminal Procedure shall be deemed to limit or affect the inherent power of the court to make such order as may be necessary to give effect to a......itled to get any relief as prayed for. Hence the rule fails. In the result, the Rule is discharged. Order of stay stands vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 353. ......itled to get any relief as prayed for. Hence the rule fails. In the result, the Rule is discharged. Order of stay stands vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 353. ..Category: Procedural Law | Date: | Hits: 79
Pubali Bank Ltd. Vs. Contech Ltd. and others, 2005, 34 CLC (HCD)
....an so that the undertaking given by Siemens is still in force and therefore the respondents were under the impression that if for any reason Siemens defaults the bank would, in the ordinary course of business, make payment but it appears that the bank keeping the respondents in the dark conspired wi......………………………..Respondents Judgment July 9, 2005. Result: The Appeal is dismissed. Cases Referred to- 17 BLD (HCD) 204; 15 BLD (AD) 47; 33 DLR (AD) 298; PLD 1954 (Lahore) 414; AIR 1931 (Calcutta) 279; AIR 1956 (Rajasthan) 191; AIR 1953 (Calcutta) 377; AIR 1962 (SC) ......rder 39 rules 1 and 2 and this aspect of the case was in the back of the mind of the legislature when they enacted the Code of Civil Procedure in 1908 and that is why the Parliament was prompted to incorporate section 94(c) in the Code to cover a situation in a given set of facts to grant injunction......is directed to dispose of the suit within 3(three) months from the date of receipt of this order in the interest of all the parties. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 133. ..Category: Civil Law | Date: | Hits: 87
State Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
.... constructive knowledge about BGMEA’s bareness of title and the illegality as to the construction of the building. Sheikh Md. Zakir Hossain J. - I agree. Ed. This Case is also Reported in: ......uilders Ltd. Vs. RAJUK (Jamuna Future Park case); 43 DLR page 147; 272 of 9 DLR; 9 DLR (1957) page 272; 41 DLR (1989) page 326; Naushad Ahmed Chowdhury Vs. Ministry of Land Administration and Land Reform, 3 BLC 18; Salam Vs. Government of Bangladesh, 1 BLC 53; Shankar Gopal Chatterjee Vs. Additional...... constructive knowledge about BGMEA’s bareness of title and the illegality as to the construction of the building. Sheikh Md. Zakir Hossain J. - I agree. Ed. This Case is also Reported in: ...... 24. After enjoying and enormous advantage from the government, BGMEA should respect public interest and demand, said, Dhaka University Teacher Muntasir Mamun, a campaigner against grabbing of water bodies. 25. Allowing this unauthorised building to stand, he said, would mean that the law is not..Category: Constitutional Law | Date: | Hits: 642
Md. Nur Alam and another Vs. State, 2012, 41 CLC (HCD)
....1.1994, on finding the accused persons at Kandapara Baby Stand, the informant and his companions apprehended them, who on interrogation disclosed that they had taken Rafiq with them on the pretext of business activities and subsequently took Tk. 4200/- from his son and killed him by strangulation at......…………………..Appellants Vs. The State…………………………….....................Respondent Judgment May 2, 2012. Result: The appeal is dismissed. First Information Report (FIR) The main purpose of an First Information Report (FIR) is to give informatio......w for securing their arrest. Send a copy of this judgment and order to the said court along with the lower court records. Md. Emdadul Huq J. - I agree. Ed. This Case is also Reported in: ......w for securing their arrest. Send a copy of this judgment and order to the said court along with the lower court records. Md. Emdadul Huq J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 170
....he facts of the case of Writ Petition No.6992 of 2005 are that the petitioner Kamal Import and Exports Ltd. is a Limited Company incorporated under the Companies Act. The petitioner is engaged in the business of importing Soda Ash (light) from various countries. The petitioner is duly registered as .......
This Case is also Reported in: 16 BLC (HCD) (2011)351.
......t proviso of section 5(2) and 9 of the VAT Act, 1991.
3. Briefly the facts of the case of Writ Petition No.6992 of 2005 are that the petitioner Kamal Import and Exports Ltd. is a Limited Company incorporated under the Companies Act. The petitioner is engaged in the business of importing Soda Ash ......eived in the above two writ petitions to the respective petitioners within a period of 1 (one) month from the receipt of the judgment.
Ed.
This Case is also Reported in: 16 BLC (HCD) (2011)351.
..
Category: Fiscal/Taxation Law | Date: | Hits: 220
Sayed Hasan Imam Litu Vs. Al-Arafah Islami Bank & another, 2011, 40 CLC (HCD)
....of learned Magistrate, 1st Class, Gazipur alleging, inter alia, that the petitioner is a registered bank and governed under the supervision of the Bangladesh Bank and engaged in different financial business including giving loan to the customers and the opposite party is a business man and initiat......……..Petitioner Vs. Al-Arafah Islami Bank & another………………………Opposite party Judgment May 4, 2011. Result: The Rule is discharged. Case Referred to- Noor Hossain Vs. State, 7 BLC 241. Lawyers Involved: No one appears - For the Petitioner. Ha....... In the result the Rule is discharged. The Order of stay granted earlier is hereby vacated. Communicate the Order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 255. ....... In the result the Rule is discharged. The Order of stay granted earlier is hereby vacated. Communicate the Order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 255. ..Category: Civil Law | Date: | Hits: 217
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