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Christian Service Society (CSS) Vs. First Labour Court, Chittagong and others, 2008, 37 CLC (HCD)
....idering the evidence oral and documentary as well as the pleading of the parties in a well-reasoned decision allowed the complaint case. He submits that admittedly the petitioner is running different business, which clearly conies within the purview of definition of establishment/industry as incorpo......risdiction. Accordingly, the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 125. ......oned decision allowed the complaint case. He submits that admittedly the petitioner is running different business, which clearly conies within the purview of definition of establishment/industry as incorporated in section 2 of the Industrial Relation Ordinance, 1969. He submits that the petitioner m......itted illegality in deciding the case beyond its jurisdiction. Accordingly, the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 125. ..Category: Labour and Industrial Law | Date: | Hits: 201
Sree Binoy Krisna Saha and others Vs. Sree Reboti Mohon Saha and others, 2011, 40 CLC (HCD)
....o buildings on the suit land and rented it to the Government for setting up a Sub-Registry Office there. He also constructed a separate house on the southern part of the suit land and was running his business of herbal medicine there. After his death, his four sons inherited the suit land and were e......is legal heirs Sree Rathindra Mohan Saha and others ...Opposite Parties Judgment November 21, 2011. Result: The Rule is made absolute. Lawyers Involved: Md. Nurul Islam, Advocate - for the petitioners. Not represented- the Opposite parties. Civil Revision No. 924 of 2004. ......rty to call for any document, recall or re-examine the witnesses and take additional evidence, if it is so required. Send down the lower Courts’ records. Ed. This Case is also Reported in: ......rty to call for any document, recall or re-examine the witnesses and take additional evidence, if it is so required. Send down the lower Courts’ records. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 66
National Board of Revenue and others Vs. Mustafizur Rahman, 2003, 22 CLC (AD)
....he Managing Director of “Friends Fishing Corporation” a private limited company registered under the Companies Act, 1913 and is also the owner of two Fishing Trawlers at Chittagong engaged in the business of catching shrimps in the deep sea, processes them in the trawlers and pack them in the in....... Mustafizur Rahman…………………………………………..Respondent Judgment January 21, 2003. Result: The appeal is allowed. Lawyers Involved: A. F. Hassan Ariff, Attorney General (Borhanuddin, Deputy Attorney General with him), instructed by Md. Sajjadul Huq, Advoc...... judgment with reference to the relevant provisions of the concerned SRO. In view of the above matter, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: ...... judgment with reference to the relevant provisions of the concerned SRO. In view of the above matter, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: ..Category: Fiscal/Taxation Law | Date: | Hits: 140
S. M. Basiruddin Vs. Zahurul Islam Chowdhury and another, 1982, 11 CLC (AD)
....t' as defined in section 2(5) clearly indicates the nature of its use. A 'non-agricultural tenant' holds non-agricultural land for- "(a) homestead or residential purposes; (b) manufacturing or business purposes; or (c) religious or other purposes." 38. The nature of non-agricultural lan......………………Appellant Vs. Zahurul Islam Chowdhury and another…………………Respondents Judgment December 14, 1982. Result: The appeal is allowed and the application for pre-emption is dismissed. Cases Referred to- Brindaban Chandra Chowdhury Vs. Mosammat Rezia......e appeal is allowed with cost, the orders allowing preemption are set aside and the application for pre-emption is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 230. ......e appeal is allowed with cost, the orders allowing preemption are set aside and the application for pre-emption is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 230. ..Category: Property Law | Date: | Hits: 85
Ataur Rahman (Md.) Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....16. Mr. Rokan Uddin Mahmud further submits that pursuant to Article 55(6) of the Constitution, the Rules of Business, 1996 were framed and Schedule 1 of the Rules of Business deals with allocation of business among the different Ministries and Divisions and as per the said Schedule 1 of the Rules of......matter. Consequently, the prayer for certificate is rejected. Ed. This Case is also Reported in:62 DLR (HCD) (2010) 329; 30 BLD (HCD) (2010) 154. ......is still in seisin of the matter. Consequently, the prayer for certificate is rejected. Ed. This Case is also Reported in:62 DLR (HCD) (2010) 329; 30 BLD (HCD) (2010) 154. ......ports to review the proposal of the Warrant of Precedence. In that meeting, the position and status of different functionaries were examined in order to maintain appropriate equivalence in the allied bodies. Thereafter, the Council Committee made recommendations for making required changes in the th..Category: Constitutional Law | Date: | Hits: 270
American Life Insurance Company Vs. Dacca Poura Shaba and others, 1978, 7 CLC (AD)
....g Authority is concerned they have been provided for in different sections of the Ordinance. Chapter IV of the Ordinance deals with the extent of the executive powers and procedure for the conduct of business of the Municipal Committee. Section 22(3) of the Ordinance provides "All acts of the Muni......……………Respondent Judgment May 23, 1978. Result: The appeal is allowed. Cases Referred to- Mian Jamal Shah Vs. the Member, Election Commission, Government of Pakistan, Lahore, 1966 18 DLR (SC) 1; PLD 1966 (SC) 1; Not Bell Lipuors Ltd.; Baldwin and Francis Ltd. Vs. Patent......17% as indicated under the proviso to rule 3(1) of the Model Tax Schedules. On the question of the maintainability of the Writ Petition the High Court held that the Municipal Committee being a body corporate it could sue or be sued and in such capacity it was also a local authority; and the Munici......s to costs. Order of the Court. In accordance with the view of the majority, we allow this appeal without any order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 276...Category: Fiscal/Taxation Law | Date: | Hits: 156
Bangladesh Steamer Agent's Association Vs. Bangladesh & others, 1979, 8 CLC (AD)
....anies Act read with Section 3 of the Trade Organisation Ordinance, 1961 (Ordinance No. XLV of 1961) hereinafter called the Ordinance as a non-profit making concern having the main object of doing the business of weighment/measurement of various articles of import and export by private individuals. T...... Judgment May 31, 1979. Result: The appeal is allowed. Cases Referred to- Abul Alla Moududi Vs. Govt. of East Pakistan, (1965) 17 DLR (SC) 209; PLD 1964 SC 673; Abdur Rahman Vs. Collector and Deputy commissioner, (1964) 16 DLR (SC) 461; Eidge Vs. Baldwin and others, (1963) 2 All R.R. ......contention the learned Attorney-General has referred to section 10 of the Ordinance which provides for notifying and hearing the Executive Committee before its suppression. The provision has been incorporated in the statute itself and there is nothing in section 8(1)(b) or the order granting licen......udgment of the High Court Division is set aside and the impugned order is set aside as having been passed without any lawful authority. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 272...Category: Business or Commercial Law | Date: | Hits: 208
Bangladesh Biman Corporation Vs. Chowdhury Mohammad Yusuf and another, 1979, 8 CLC (AD)
....ority. Since we have found that termination orders were passed without lawful authority, both the appeals are dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 305. ...... This Case is also Reported in: 31 DLR (AD) (1979) 305. ...... No.126 of 1972 (Bangladesh Biman Order of 1972) was promulgated for establishment of a Corporation to be called "Bangladesh Biman Corporation". It was provided that the Corporation shall be a body corporate having perpetual succession and a common seal with power, to acquire, hold and dispose of ......ority. Since we have found that termination orders were passed without lawful authority, both the appeals are dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 305. ..Category: Employment/Service Law | Date: | Hits: 123
Raju Bala Kuri and others Vs. Narayan Chandra Kuri, 2009, 38 CLC (HCD)
....ers and they were inhabitants of the Noakhali old town and when it was submerged under river, they settled at Harinarayanpur Bazar and Sudhanna Kuri was a goldsmith and Mohesh Chandra Kuri used to do business in a little shop. Mohesh Chandra Kuri had no sons and his two daughters plaintiff No.1 and ...... Result: The rule is discharged. Cases Referred to- Hara Kumar Kapali alias Bepari Vs. Sreemati Sundari Kapali and others, 42 DLR (AD) at page 59. Lawyers Involved: No one appears - For the petitioners. Abul Kalam Chowdhury, Advocate - For the opposite party. Civil Revision No......osts and the order of stay granted at the time of issuance of the rule is hereby vacated. Send down the L.C. Records immediately. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 126. ......osts and the order of stay granted at the time of issuance of the rule is hereby vacated. Send down the L.C. Records immediately. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 126. ..Category: Civil Law | Date: | Hits: 103
Shahidul Alam VS. Government of Bangladesh and others, 1994, 23 CLC (HCD)
....detained illegally and without any lawful authority. 2. Facts, in brief, are, that the petitioner is a friend, well‑wisher and employee of the detenu. The detenu is a citizen of Austria and is a business man by profession, He has been in Bangladesh for the last 5/6 years. He had been engaged in......Secretariat, Dhaka and others………………………Respondents Judgment November 30, 1994. Result: The Rule is made absolute. Lawyers Involved: Rokonuddin Mahmud, Advocate ‑ For the Petitioner. M Shamsul Alam, Deputy Attorney General - For the Respondents. Writ Petitio......ey General prays for stay operation of the above order so as to enable them to move before the Appellate Division. The prayer is refused. Ed. This case is also Reported in: 47 DLR (AD) (1995) 15.......ey General prays for stay operation of the above order so as to enable them to move before the Appellate Division. The prayer is refused. Ed. This case is also Reported in: 47 DLR (AD) (1995) 15...Category: Criminal Law | Date: | Hits: 200
Syed Monirul Huda Chowdhury Vs. Fouzia Chowdhury and others, 1994, 23 CLC (HCD)
....s have not been prejudiced. 4. Mr. Islam also relied on the decision of 36 DLR (AD) 253. In that case originally suit was filed for declaration of rights and accounts by a partner of a partnership business and subsequently amendment was prayed for dissolution of the farm as well. High Court Divis...... Maung Min, AIR 1933 (Rang) 247; Ma Shwe Mya Vs. Maung Mo Hsaung, AIR 1922 (PC) 249; Golam Hafiz Mia Vs. Khadam Ali Mia, 29 DLR (SC) 311; Keramat Ali Vs. Muhammed Yunus Hazi, 15 DLR (SC) 120; Md. Zahoor Ali Khan Vs. Mst. Thakoorune, 11 MPR 468; Abdul Razzak Vs. Nashuruddin Ahamed, 63 CWN 766; Nurun ......cepted. The revision is thus devoid of any merit. The result, therefore, is that the Rule is discharged without any order as to costs. Ed. This case is also Reported in: 47 DLR (AD) (1995) 10.......cepted. The revision is thus devoid of any merit. The result, therefore, is that the Rule is discharged without any order as to costs. Ed. This case is also Reported in: 47 DLR (AD) (1995) 10...Category: Property Law | Date: | Hits: 151
....xes, Chittagong Zone in the absence of other previous Advocate Mr. AM Mahmudur Rahman who has since been elevated to the Bench.
2. The assessee in the instant case is a limited Company carrying on business under the name and style of Mohammadi Trading Company, which has subsequently been national......t to the Appellate Tribunal, Chittagong.
There will be no order as to costs.
Ed.
This case is also Reported in: 47 DLR (HCD) (1995) 6.
......ioner of Taxes.
Send a copy with the seal of the Court to the Appellate Tribunal, Chittagong.
There will be no order as to costs.
Ed.
This case is also Reported in: 47 DLR (HCD) (1995) 6.
......ioner of Taxes.
Send a copy with the seal of the Court to the Appellate Tribunal, Chittagong.
There will be no order as to costs.
Ed.
This case is also Reported in: 47 DLR (HCD) (1995) 6.
..
Category: Fiscal/Taxation Law | Date: | Hits: 188
American Bureau of Shipping Vs. Commissioner of Taxes (South) Zone, Chittagong, 1994, 23 CLC (HCD)
....n Income Tax Appeal No. 151/Coy‑II/86‑87 allowing the appeal. 2. The Deputy Commissioner of Taxes disallowed expenses incurred by the applicant outside taxable territories for conducting their business in Bangladesh by artificially linking the expenses with the income earned by the applicant ......namely, Application Nos. 80, 81 and 82 of 1992. There shall be no order as to costs. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 1. ......l dispose of these three Reference applications namely, Application Nos. 80, 81 and 82 of 1992. There shall be no order as to costs. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 1. ......l dispose of these three Reference applications namely, Application Nos. 80, 81 and 82 of 1992. There shall be no order as to costs. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 1. ..Category: Fiscal/Taxation Law | Date: | Hits: 159
Abdul Ali and another Vs. State, 1977, 6 CLC (AD)
....e with the judgment of brother K. Hossain J. Order of the Court In view of the opinion of the majority the appeal is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 58. ......ppellants Vs. The State.............................................Respondent Judgment June 30, 1977. Result: The appeal is dismissed. Cases Referred to- Balmukund Vs. Collector, Ahmednagar, A.I.R. 1935 Bombay 25; Zainul Abedin Vs. State, 9 DLR 640; C.A. Monterio Vs. The Sta......nt, Minister of State or Deputy Minister, Speaker or Deputy Speaker, Member of Parliament Chairman, Director, Trustee, member or officer of any local authority, statutory corporation or body corporate or of any other body or organization, political or trade union leader or a public servant ......e with the judgment of brother K. Hossain J. Order of the Court In view of the opinion of the majority the appeal is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 58. ..Category: Criminal Law | Date: | Hits: 115
....lt, therefore, is that subject to the observation made above, the appeal is dismissed. There shall, however, be no order as to costs.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 1.
......il)
Present:
Syed ABM Husain CJ
Debesh Chandra Bhattacharya J
Fazle Munim J
M H Khandker, Advocate……………………………………………Appellant
Vs.
Bangladesh (formerly Province of East Pakistan) & another..........Respondents
Judgment
July 27, 197...... law system of the country and generally refers to a holder of agricultural land, as has been contemplated in the definition clause, section 2(17) of the Bengal Tenancy Act, which has been bodily incorporated in section 2(27) of the East Bengal State Acquisition and Tenancy Act, the latter Act hav......Boards and came to be known as Union Councils. In municipal areas, these institutions came to be known as Town Committees or Union Committees but they did not replace the already existing Municipal bodies, which now co-existed with the, said basic democratic committees after the said order has com..
Category: Property Law | Date: | Hits: 114
Mokbul Hossain and others Vs. State, 2011, 40 CLC (HCD)
....evant for disposal of the appeal, in brief, are that one Md. Abdul Hakim as informant lodged an ejahar with Nandigram Police Station, Bogra on 13.9.1991 alleging, inter alia, that he was running with business of kerosene and diesel in a shop consisting of two rooms at Kunderhat beside Natore-Bogra h........................Respondent Judgment April 19, 2011. Result: The appeal is allowed. Case Referred to- State Vs. Manu Miah, 54 DLR (AD) 60. Lawyers Involved: No one appears - for the appellant. Salma Rahman, Assistant Attorney General - for the respondent. Criminal Appe......e acquitted of charges leveled against them. They are also released from their bail bonds. Send down the lower Court records. Naima Haider J. - I agree. Ed. This Case is also Reported in: ......e acquitted of charges leveled against them. They are also released from their bail bonds. Send down the lower Court records. Naima Haider J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 105
Al-Amin Vs. State, 2011, 40 CLC (AD)
.... liberty to take the petitioner into custody if he misuses of privilege of bail. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 9 ADC (2012) 84. ......dgment March 14, 2011. Result: Leave is granted to admit the accused petitioner on bail. Lawyers Involved: Mizanur Rahman, Advocate, instructed by Syed Mahbubar Rahman, Advocate-on-Record—For the Petitioner. M.K. Rahman, Additional Attorney General (appeared with the leave of th...... liberty to take the petitioner into custody if he misuses of privilege of bail. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 9 ADC (2012) 84. ......nd canceling the interim bail granted to him at the time of issuance of the rule. 2. Facts relevant for the disposal of this petition are that on the night following 27th November, 2006 the dead bodies of Runa, Rumana, Jariful and Borna were found with multiple injuries in a room of their house..Category: Criminal Law | Date: | Hits: 96
Pubali Bank Ltd. Vs. Farzana Begum and another, 2009, 38 CLC (HCD)
....gage against the defendants contending that the defendant No. 1 Mrs. Farzana Begum opened an account being CC No. 69 in the Pubali Bank, Bashabo Branch, Dhaka for extending loan to get support in the business. On her prayer, the plaintiff had sanctioned loan limit of Taka 40,000 on 2-8-1980 and the ......llant Vs. Farzana Begum and another...........Opposite Parties Judgment December 13, 2009. Result: The appeal is allowed. Lawyers Involved: Zakir Hussain Mazumder, Advocate - For the Plaintiff-Appellant. No one appears - For the Defendant-Respondents. First Appeal (FA) ......and realise the same through the process of law. Send down the LCRs along with a copy of the judgment to the Court below immediately. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 49.......and realise the same through the process of law. Send down the LCRs along with a copy of the judgment to the Court below immediately. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 49...Category: Civil Law | Date: | Hits: 116
Sultana Jute Mills Ltd. and another Vs. Bangladesh Bank and others, 2007, 36 CLC (HCD)
.... 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 l......ank and others……………………………Respondents Judgment April 5, 2007. Result: The Rule is discharged. Lawyers Involved: Akhter Imam with Sheikh Hasan Arif, Advocates - For the Petitioners. Md. Asadullah with Khaleda Sultana Nur, Advocates - For Respondent No. 1. ...... 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: 15 BLC (HCD) (2010) 34. ...... 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: 15 BLC (HCD) (2010) 34. ..Category: Civil Law | Date: | Hits: 121
Baby Masum & another Vs. Bangladesh Film Development Corporation, 2009, 38 CLC (HCD)
....iable 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......rt Division (Criminal Miscellaneous Jurisdiction) Present: Khondker Musa Khaled J Md. Emdadul Huq J Baby Masum & another……....Petitioners Vs. Bangladesh Film Development Corporation...........Opposite Parties Judgment April 23, 2009. Result: The Rule is made ...... 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: 15 BLC (HCD) (2010) 29. ...... 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: 15 BLC (HCD) (2010) 29. ..Category: Criminal Law | Date: | Hits: 95
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