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Shah Alam (Md.) Vs. Bangladesh Water Deve­lopment Board, 2012, 41 CLC (HCD)

....rder of stay at the time of issuance of the rule is hereby vacated. Let a copy of the Judgment be sent to the Court below at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 245. ......r Deve­lopment Board……………………Defendants-Opposite Parties Judgment February 6, 2012. Result: The rule is made absolute. Cases Referred to- Abul Bashar Vs. Investment Corporation of Bangladesh, 52 DLR (AD) 178; Nilkantha Sidramappa Ningasher pellant Vs. Kashinath Soma...... just and expedient, it may set down the application for hearing on other evidence also and it may pass such order for discovery and particulars as it may do in a suit. 35. This proviso has been incorporated as per Law Reform Ordinance, 1978 and as per language of law, is mandatory and unless the......rder of stay at the time of issuance of the rule is hereby vacated. Let a copy of the Judgment be sent to the Court below at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 245. ..

Category: Civil Law | Date: | Hits: 195

Azibur Rahman Alias Arzu Vs. Kala Miah & another, 1982, 11 CLC (HCD)

....issolution of partnership constituted between him and respondent No.1 and also for accounts. The plaintiff filed an application for temporary injunction for restraining the defendant from carrying on business using capital and stock in trade and other assets of the suit firm styled as M/S. Arzu Furn...... Kala Miah & another……………………………Respondents Judgment March 22, 1982. Result: The appeal and the Rule are disposed of. Lawyers Involved: Shaik Ashfuq Ali - For the Appellant. Syed Badrul Alam - For the Respondents.  Appeal from Original Order No....... The appeal and the Rule are accordingly disposed of. Parties are made to bear their own costs. Chowdhury ATM Masud J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 77. ....... The appeal and the Rule are accordingly disposed of. Parties are made to bear their own costs. Chowdhury ATM Masud J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 77. ..

Category: Procedural Law | Date: | Hits: 146

Shaikh Obaidul Haq Vs. State & another, 1986, 15 CLC (HCD)

....es Manager. As the appointed agent/dealer the petitioner used to sell the products of the Opposite party Firm on commission basis upon receipt of the paints on credit. The parties carried on the said business transaction for many years since 1960. After that to­wards the end of 1980 dispute started......956 Madhya Bharat, at page 19;Saeeduddin Qureshi Vs. The State, P.L.D. 1963 (WP) Karachi, page54;Meser Ali and another Vs. The State, 26 DLR (1974) 146;36 DLR 14. Lawyers Involved: G. S. Huq - For the petitioner.  AKM Mozammel Huq Bhuiyan - For the Opposite party No.1.  Md. Naw......n 420 of the Penal Code now pending in the Court of Chief Metropoli­tan Magistrate, Dhaka be quashed. Latifur Rahman, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 105. ......n 420 of the Penal Code now pending in the Court of Chief Metropoli­tan Magistrate, Dhaka be quashed. Latifur Rahman, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 105. ..

Category: Criminal Law | Date: | Hits: 67

Sultana Ara Begum Vs. Secretary, Ministry of Home Affairs & others, 1985, 14 CLC (HCD)

.... alias Jamal Ahmed is the husband of petitioner Sultana Ara Begum. It is stated in the petition that the detenue Jamaluddin Ahmed alias Jamal Ahmed is a peace loving citizen of Bangladesh and reputed businessman. He is proprietor of the firm Mohsin Brother at 16, Khatungonj, Chittagong. The said fir......erred to- Liver Siege Vs. Anderson, 1942 A.C. 206; Nakhudali Vs. M.F. Jayaratne, 1951 A.C. 66; Gholam Jilani Vs. Govt. of West Pakistan, 19 DLR (SC) 403; Baqui Baloch, 20 DLR (SC) 249; Begum Aga Shorish Kashmiri, 21 DLR (SC) 1; Md. Makhlesur Rahman Vs State, 28 DLR 172; Md. Anwar Hossain Vs. Govt.......2142-MHA/Sec.(1), dated 9.5.85, No.4657-MHA/ Sec.(1), dated 9.9.85 and No.5962-MHA/Sec.(1), dated 9.1.85. It is asserted on be­half of the opposite parties that the orders of detention themselves incorporate the grou­nds of detention and as such there was no-necessity of communicating to the dete......maluddin Ahmed alias Jamal Ahmad be set at liberty at once. In the result, the Rule is made absolute. Md. Abdul Jalil, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 93. ..

Category: Criminal Law | Date: | Hits: 78

Hubble Corporate Ltd. Vs. Artha Rin Adalat & others, 2010, 39 CLC (HCD)

....2. Facts leading to this Writ Petition, in short, are as follows: The petitioner, Hubble Corporate Limited is a private limited company incorporated under the Companies Act, 1913. In course of its business, the petitioner imported some water pumps from Italy through Letter of Credit (L/C) No.IMD.......dent No.1 at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 91. ...... Suit No.182 of 2005 (Annexure-A to the Writ Petition). 2. Facts leading to this Writ Petition, in short, are as follows: The petitioner, Hubble Corporate Limited is a private limited company incorporated under the Companies Act, 1913. In course of its business, the petitioner imported some wa...... of stay granted earlier by the Court stands vacated. No order as to costs. Communicate the Judgment to respondent No.1 at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 91. ..

Category: Civil Law | Date: | Hits: 176

Dr. Md. Habibullah Vs. Additional Secretary and Member (Appeal and Revision) and others, 2007, 36 CLC (HCD)

....ued by the respondent No. 1, Additional Secretary and Member (Appeal and Revision) and others, and also SRO No. 243 dated 27-6-86 (Annexure-H) and SRO No. 161 dated 16-6-88 (Annexure-J), which levied business turnover tax on the Customs Bonded Warehouse of the petitioner were challenged. 2. Short......………Petitioner Vs. Additional Secretary and Member (Appeal and Revision) and others………..Respondents Judgment May 15, 2007. Result: The Rule is made absolute without any order as to cost. Lawyers Involved:  Tanjibul Alam with Abu Khaled Al Mamun, Advocates ......cember, 1985 to the petitioner as prayed for within a period of 30 days of receipt of this order, positively. Communicate at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 704. ......cember, 1985 to the petitioner as prayed for within a period of 30 days of receipt of this order, positively. Communicate at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 704. ..

Category: Administrative Law | Date: | Hits: 491

Md. Iddris Sheikh Vs. State, 2008, 37 CLC (HCD)

....f Chief Judicial Magistrate, Faridpur, shall continue in accordance with law. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 223. ......881 The Negotiable Instrument Act, 1881, by its nature, is not a cumbersome Act, and the proceeding under section 138, once the offence is admitted, is summary in nature and there is little scope for taking defence……………………………….(17) Cause of action of a Criminal Case ......f Chief Judicial Magistrate, Faridpur, shall continue in accordance with law. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 223. ......f Chief Judicial Magistrate, Faridpur, shall continue in accordance with law. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 223. ..

Category: Criminal Law | Date: | Hits: 103

Shamsul Alam Selim alias Sheikh Selim alias Anik Chowdhury Vs. State and another, 2006, 35 CLC (HCD)

....2 others. In the petition of complaint, it has been alleged that the complainant petitioner comes from a very respectable family in Chuadaanga. The father of the complainant was landlord and renowned business man since British period and his all brothers and sisters are highly educated and have been......ns including offence of defamation. A journalist cannot take shelter under the cloak of freedom of press after committing an offence including one of defamation by publishing false and malicious news or views............................(11) On the basis of the defence plea or materials the crimin......l Magistrate, Chuadanga is directed to proceed with the trial expeditiously in accordance with law. Communicate the order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 219. ......l Magistrate, Chuadanga is directed to proceed with the trial expeditiously in accordance with law. Communicate the order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 219. ..

Category: Criminal Law | Date: | Hits: 81

Jiban Kumar Barman Vs. M Abdul Hye, Chairman of the Election Committee and others, 1996, 25 CLC (HCD)

....o‑operative Department were not discharging duties in connection with the affairs of the Republic in conducting election of the Managing Committee of a Co‑operative Society which is primarily the business of such Society. For the purpose of holding a free and fair election Registrar has been aut...... Constitution of Bangladesh, 1972, Article 102 The General Clauses Act, 1897 (Act No. X of 1897); section 3 (28) Under Article 102 of the Constitution writ may be issued directing a person performing functions in connection with the affairs of the Republic or of a Local Authority. The writ do......a Samity Ltd. is not a body or authority constituted or established by Government under any law though it has been registered as Co‑operative Society under section 10 of the Ordinance and is a body corporate under section 14 of the said Ordinance. Thus we are of the view that a Co‑operative Soci......ove finding we need not enter into merit of the Rules. In the result, both the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 566. ..

Category: Election Law | Date: | Hits: 600

Elias Brothers (Md.)(Pvt.) Limited and another Vs. Bangladesh and others, 2010, 39 CLC (HCD)

....mpensation or that his compensation money was not deposited within one year from the date of decision to acquire under section 5 or the proviso to section 4(3)(b) of the Ordinance. As such, he has no business to enquire when the requiring body paid the amount of compensation to the Government." 1......olute without any order as to cost. Communicate this judgment and order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 327. ...... "the view of the High Court Division that the Writ Court is not competent to interfere with an administrative order is totally wrong. No action detrimental to the vested right of an individual or corporate body can be taken except in accordance with law." 22. In the light of the above decisio......e observation and direction the Rules are made absolute without any order as to cost. Communicate this judgment and order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 327. ..

Category: Civil Law | Date: | Hits: 170

Nayeem Mehtab Chowdhury Vs. State, 2010, 39 CLC (HCD)

.... granted at the time of issuance of the rule is hereby vacated. Send down the Lower Court Records. Communicate the order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 345. ......y Judgment March 2, 2010. Result: The rule is discharged. The Code of Criminal Procedure, 1898 (V of 1898); sections 173 and 561A A 'naraji petition' which is not signed by the attorney of the complainant or by the complainant himself cannot be considered as a petition in the eye......on of committing an offence that requires guilty mind, it is the natural person responsible for such act who is called upon to answer the charge and is liable to be brought to the book by lifting the corporate veil. In such a case, resolution of the company is not at all required………………...... granted at the time of issuance of the rule is hereby vacated. Send down the Lower Court Records. Communicate the order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 345. ..

Category: Criminal Law | Date: | Hits: 124

Abul Hossain Vs. National Board of Revenue and others, 2012, 41 CLC (HCD)

.... short, is that the petitioner is a regular tax payee having Tax Identification No.158-101-2177/ সা-১, কর অঞ্চল-১, ঢাকা। On 26-2-2001 the petitioner along with his two business partners were coming from Singapore by flight No.TG 321. The petitioner was carrying 126 pi...... to- Ancient Steamship Company Limited Vs. Member (Appeal & Revision) Ministry of Finance, Government of Bangladesh, 2 MLR (AD) 302. Lawyers Involved: Md. Khurshid Alam Khan, Advocate - For the Petitioner.  SM Moniruzsaman Deputy Attorney-General with Pratikar Chakma Assistant A......t of this Order positively without any fail. (Underlined by me). With this observations and the direction the Rule is disposed of. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 341. ......t of this Order positively without any fail. (Underlined by me). With this observations and the direction the Rule is disposed of. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 341. ..

Category: Fiscal/Taxation Law | Date: | Hits: 177

Shitalakhaya Ice and Cold Storage Pvt. Ltd. Vs. Artha Rin Adalat and others, 2012, 41 CLC (HCD)

....ave been passed without any lawful authority and is of no legal effect. 2. The background leading to the Rule, in short, is that the petitioner is a private limited company engaged in cold storage business. The petitioner for the purpose of his business on 08-06-1994 applied for loan from the res......rted in: 64 DLR (HCD) (2012) 487. ......t of this order positively and ensure the compliance to the Registrar of the Supreme Court without any fail. Communicate at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 487. ......t of this order positively and ensure the compliance to the Registrar of the Supreme Court without any fail. Communicate at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 487. ..

Category: Civil Law | Date: | Hits: 108

Bangladesh Environmental Lawyers Association (BELA) Vs. Bangladesh, 2009, 38 CLC (HCD)

....tion is continu­ing under the very nose of the Department of Environment without the Department taking any action whatsoever to prevent the breach of law committed by those running the ship-breaking business, giving rise to grave risks to the citizens of the country as well as irrepara­ble damage ......2009. Result: The rule is disposed of in part. Cases Referred to- Dr. Mohiuddin Farooque Vs. Bangladesh, 55 DLR 69. Lawyers Involved: Fida M. Kamal with M. Iqbal Kabir, Advocate - For the petitioner.  Ms. Syeda Rizwana Hasan, Advocate - In person.  Md. Nazrul Islam......ietor, Madina Enterprise at once by a Special Messenger of this Court at the cost of the petitioner. Sheikh Abdul Awal J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 118. ......or scrapping by the year 2010. It is accepted that sea-going vessels reach their end of life after 25-30 years. Unless they can be used for some other pur­pose, they are sold for dismantling and the bodies as well as other fixtures and fittings are recycled. It is an undeniable fact that at the sta..

Category: Environmental Law | Date: | Hits: 688

STX Corporation Ltd. Vs. Meghna Group of Industries Limited and others, 2011, 41 CLC (HCD)

....tion No.16 of 2009. Judgment Mamnoon Rahman J.- The Petitioner, a com­pany incorporated under the laws of South Korea, having its registered office/head-quarters in South Korea, engaged in the business of shipping, energy, mineral oil and others filed this application invoking Section 7ka of ...... if any, be vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 550. ......r. Dr. Sharif Bhuiyan, Advocate with Tanim Hussain Shawon, Advocate - For the Respondents. Arbitration Application No.16 of 2009. Judgment Mamnoon Rahman J.- The Petitioner, a com­pany incorporated under the laws of South Korea, having its registered office/head-quarters in South Korea,....... Accordingly, the application under sec­tion 7Ka of the Arbitration Act of 2001 is dismissed. Interim order, if any, be vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 550. ..

Category: Alternative Dispute Resolution | Date: | Hits: 506

MA Gafur Vs. Registrar of Joint Stock Companies and Firms and others, 2012, 41 CLC (HCD)

....rticle 14 and 16 keeping provi­sions for 4 members to remain personally present to form the quorum for holding General Meetings and the Board Meetings, respectively, can also create stalemate in the business and functioning of the company. Even if the 4 members do adopt an unan­imous resolution th......osed off upon receiving and accepting the affidavit of compliance as mentioned above. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 547. ...... Judgment Md. Rezaul Hasan J.- This is an application under section 233 of the Companies Act, 1994 (the Act). 2. It appears from the statements made in the petition that the Company has been incorporated on 11-5-1997, vide Certificate of Incorporation dated 11-5-1997, under the Companies Act ...... for both sides. This matter shall stand disposed off upon receiving and accepting the affidavit of compliance as mentioned above. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 547. ..

Category: Company Law | Date: | Hits: 129

State Vs. Md. Mobarak and others, 2008, 37 CLC (HCD)

....rental house on 2nd floor. He was informed about the Occurrence by his stepbrother, Ganesh, over mobile phone of Chamatker. On that day school was closed for summer vacation. Chamatker used to do his business on the West side of GEC point. He got the news at about 11.30/11.35 in the morning. He cann.......141 of 2005, Criminal Appeal No.378 of 2005, Jail Appeal No.294 of 2006 and Jail Appeal No.1338 of 2004 are allowed. The Code of Criminal Procedure, 1898 (Act No. V of 1898); section 154 An information becomes First Information Report when it fulfills some conditions:- (i) it should be an inf......sions Judge. 137. Send down the L.C. records at once. 138. Send a copy of the judgment to the trial Judge at his present place. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 138. ......ury who was a chairman candidate of Union Parishad Election against his supporters as accuseds. He further submits that it is in the evidence that 500/600 people gathered in and around where the dead bodies were laying, out of them none came to depose as such a doubt developed about the prosecution ..

Category: Criminal Law | Date: | Hits: 89

M/s. ERRIA Shipping Pte Ltd. and another Vs. M/s. Lever Brothers (Bangladesh) Ltd., 2009, 38 CLC (HCD)

....numbered 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......ary 11, 2009. Result: The appeal is allowed. Cases Referred to- 9 BLC (2004) 218; 11 BLC (2006) 83; 5 BLC (2000) 579; BCR 1990 (HCD) 194. Lawyers Involved: Md. Ohiullah, Advocate - For the appellant.  Momtazuddin Ahmed with Ms. Shamima Parveen, Advocates - For the Responden......6 of 1980 is hereby set aside and the suit is dismissed. Send down the lower Court records at once. Md. Arayes Uddin J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 176. ......6 of 1980 is hereby set aside and the suit is dismissed. Send down the lower Court records at once. Md. Arayes Uddin J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 176. ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 486

Engineer Mahmudul Islam and others Vs. Government of the People's Republic of Bangladesh and others, 2002, 31 CLC (HCD)

....ect yet without calling for a competitive bid, the impugned approval was given, that too in the absence of any formal detailed project profile with financial analysis as to the loss and profit in the business of the project and the expected total annual income from the project and, for that matter, ...............Petitioners Vs. Government of the People's Republic of Bangladesh and others...........Respondents Judgment November 26, 2002. Result: The Rule is made absolute without any order as to costs. It is to be presumed that all actions taken by the government officials are i...... prepared the summary for the Hon'ble Prime Minister, show that the respondent No. 8 company has been registered in Bangladesh as a Joint Venture private limited company with 2 share holders, who are corporate bodies, of which one is a Bangladeshi Company and other is a Netherlands Company. In suppo......the summary for the Hon'ble Prime Minister, show that the respondent No. 8 company has been registered in Bangladesh as a Joint Venture private limited company with 2 share holders, who are corporate bodies, of which one is a Bangladeshi Company and other is a Netherlands Company. In support of his ..

Category: Others | Date: | Hits: 113

Intertek Testing Services International Limited and others Vs. National Board of Revenue, Dhaka & others, 2003, 32 CLC (HCD)

.... identical question of law being based on similar facts and are being disposed of by this judgment. 2. The petitioners are internationally, reputed Pre-shipment Inspection, Agencies engaged in the business of pre-shipment inspection of goods exported from different countries and they were duly ap......of Revenue, Dhaka & others..............................................Respondents Judgment May 25, 2003. Result: The Rules are made absolute. Cases Referred to- Oriental Bank Corporation Vs. Henry B Wright, Appeal Cases Vol. V Privy Council 842; Megh Raj Vs. Rupchand Uttam Ch......pay VAT, and the amount already deducted from their bills is liable to refund. We direct the parties to bear their respective costs. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 691. ......pay VAT, and the amount already deducted from their bills is liable to refund. We direct the parties to bear their respective costs. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 691. ..

Category: Fiscal/Taxation Law | Date: | Hits: 119