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Jamil Akhter Elahi (Md.) Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
....k Limited are held by the Government but for all practical purposes it is now incorporated as a banking corporation in pursuance of the decision of the Government to facilitate and expand its banking business on sound commercial basis and also to widen its area of operation, as such, this writ petit......e 24, 2009. Result: The Rule is discharged. Lawyers involved: Jamil Akhter Elahi, Advocate (in person)- petitioner. AKM Nazrul Islam with Ali Mustafa Khan and Md. Al-Mamun Advocates - For the Respondent Nos.2 to 4. Writ Petition No.4071 of 2009. Judgment ABM Khairul Haque J.-......e learned Advocate appearing on behalf of the respondent Nos.2-4, submits that although all the shares of the Sonali Bank Limited are held by the Government but for all practical purposes it is now incorporated as a banking corporation in pursuance of the decision of the Government to facilitate and......ion is misconceived and the Rule is liable to be discharged. In the result, the Rule is discharged but without any order as to cost. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 64...Category: Others | Date: | Hits: 134
Islam Enterprise Vs. Commission of Taxes Zone-3, 2007, 36 CLC (HCD)
....ing the disallowances from the profit and loss account without pinpointing any specific defect? (c) Whether the Appellate Tribunal was justified in law to estimate the receipts of the construction business in spite of the fact that the receipts were supported by payment certificates from paying a......ce in the negative and against the revenue and in favour of the applicants. No costs. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 59.......he applications under section 173 of the Ordinance in the negative and against the revenue and in favour of the applicants. No costs. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 59.......d the orders of the Appellate Joint Commissioner regarding receipts and gross profits without any modifications. 24. Both the applicants are contractors and engaged in the Government and statutory bodies. In support of the receipts, they submitted certificates of payments from such bodies and ban..Category: Fiscal/Taxation Law | Date: | Hits: 97
Nasiruddin (Md.) Vs. State, 2009, 38 CLC (HCD)
....elf inspected the place of occurrence, interrogated the accused and having found a prima facie case against the accused has submitted the charge sheet mentioned above. 26. P.W.7 a local and humble businessman and a seizure list witness has proved that the incriminating articles were recovered on ...... Vs. State, 1995 BLD 486 = 47 DLR 416; State Vs. Tayeb Ali, 1987 BLD (AD) 265 = 40 DLR (AD) 6; Krishna Mochil Vs. State of Bihar, 2002 SCC (Cri) 1220. Lawyers Involved: SB Bhandary, Advocate - For the Appellant. Kazi M Ejarul Haque, Deputy Attorney-General - For the State-Respondent. Cri...... the result, the appeal is allowed with modification. Send down the Lower Court Records at once. Communicate the order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 49. ...... the result, the appeal is allowed with modification. Send down the Lower Court Records at once. Communicate the order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 49. ..Category: Criminal Law | Date: | Hits: 79
Abul Kashem Vs. AKM Golam Mostafa and others, 2009, 38 CLC (HCD)
....any summons and even summons were not approached to his family members and also it was not served at his homestead by hanging. Moreover, on perusal of the record it transpires that co-pre-emptor is a businessperson having a grocery shop in Chittagong in the name and style ''Alamin store''. He used t......Abdur Rahman Vs. Shamsunnahar Begum, 7 BLT (AD) 125; Md. Ismail Vs. Province of East Pakistan through the Chief Secretary, Government of East Pakistan, 16 DLR (AD) 438; Hajarilal Mondal Vs. Md. Mozaffor Bepari, 8 BLC (AD) 77. Lawyers Involved: Abdul Wadud Bhuiyan with Faroque Ahmed and Abdus ......ated. Office is directed to send down the records of this case at once with a copy of Judgment for information and necessary action. Ed This Case is also Reported in: 62 DLR (HCD) (2010) 44. ......ated. Office is directed to send down the records of this case at once with a copy of Judgment for information and necessary action. Ed This Case is also Reported in: 62 DLR (HCD) (2010) 44. ..Category: Administrative Law | Date: | Hits: 230
Al Baraka Bank Bangladesh Ltd. Vs. Rina Alam and another, 2004, 33 CLC (HCD)
....an against her. She never deposited said deed in the bank. 11. Defendant No. 2 was the son of her husband's elder brother. She gave the deed to said defendant No. 2 in trust in connection with his business. But he obtained some loan facility keeping deposit of said deed in the bank. He told her t...... AIR 1963 SC 99; Satyadhyan Ghosal and others Vs. Smt. Dearjin Bibi and others, AIR 1960 SC 941; Nikunja Behari Das Vs. Jatindra Nath Kar, AIR 1956 Cal 613; Makhan Lal Vs. Ghulam Hussain, AIR 1933 Lahore 536; Abdulla and others Vs. Abdul Karim and others, 20 DLR (SC) 205; Sultana Jute Mills Ltd Vs. ......ffirmed. The bank is directed to return the schedule document within seven days of receipt of this judgment. Send down the LCR at once. Ed. This Case is also Reported in: 56 DLR (2004) 588.......ffirmed. The bank is directed to return the schedule document within seven days of receipt of this judgment. Send down the LCR at once. Ed. This Case is also Reported in: 56 DLR (2004) 588...Category: Civil Law | Date: | Hits: 109
Govt. of People's Republic of Bangladesh Vs. Md. Habibur Rahman @ Manu, 1978, 7 CLC (AD)
....by rules specify the manner in which the order and other instruments made in his name shall be attested or authenticated. The President shall also make rules for the allocation and transaction of the business of the Government. 6. The conclusion drawn from the Constitutional provisions and the ...... Result: The appeal is disposed of. Cases Referred to- The Crown Vs. Muhammad Fazal Bangash, 8 DLR (FC) 102; King Vs. Sibnath Banerjee, 72 I.A. 241; AIR 1945 P.C. 336; Annie Basant Vs. Emperor, ILR 39 Madras 1085; Queen Empress Vs. Bal Gangadhar Tilak, ILR 22 Bombay 112; Z. A. Suleri Vs. T......on and no consideration of the merit of the case or the detention order arises and so this appeal is disposed of in the terms aforesaid. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 152.......on and no consideration of the merit of the case or the detention order arises and so this appeal is disposed of in the terms aforesaid. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 152...Category: Criminal Law | Date: | Hits: 63
NFM Universeum Estate Ltd. Vs. ANM Obaidul Islam and others, 2004, 33 CLC (HCD)
....session in the suit land. He denied that on 12‑1‑21 Abdul Kader transferred the suit land to Sharat Chandra Ghosh or he possessed ever. 28. In cross-examination, he testified that he was doing business. On 6‑4‑99 he submitted written statement. He could not say as to whether the papers we......NM Obaidul Islam and others......... Respondents Judgment April 20, 2004. Result: The appeal is dismissed. Lawyers Involved: Khandker Mahbubuddin Ahmed with SM Monir, Advocates ‑ For the Appellant. Hasan Foez Siddique with M Habibullah, Advocates ‑ For Respondent Nos. 1 to 8......rocedure for using said deed in the suit knowing it to be forged and fraudulent for criminal prosecution. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 563. ......rocedure for using said deed in the suit knowing it to be forged and fraudulent for criminal prosecution. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 563. ..Category: Property Law | Date: | Hits: 85
Abdus Samad & others Vs. State, 1989, 18 CLC (HCD)
....r and grant them time for such surrender after intimating the jailor of the Dhaka Central Jail to take them into custody. The petitioner No.1 needs time for making arrangements of his properties, his business and family matter because he may not come back to pick up his unfinished work out of the ja......d another Vs. The State, 33 DLR 12; Nirmal Krishna Chandra and another Vs. The State; Gendan Lal, AIR 1953 Allahbad, 597; PLD 1953 (FC) 170. Lawyers Involved: Moinul Hoque with Roushan Ali - For petitioners. Shamsul Hoque Chowdhury - For Opposite Party No.2. Basaratul Moula - For th......t with a fresh application on Revision along with a prayer for bail after surrender, if so advised. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 291. ......t with a fresh application on Revision along with a prayer for bail after surrender, if so advised. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 291. ..Category: Criminal Law | Date: | Hits: 95
Md. Osman Vs. Fatema Khatoon & others, 1989, 18 CLC (HCD)
.... since they deposited the rent duly in the Office of the Controller in House Rent Control Case No.70 of 1971 and the allegation of sub-letting was false as defendant No.5 was their partner in the business. The notice under section 106 of the Transfer of Property Act was neither tendered nor th...... Judgment February 16, 1989. Result: The appeal is allowed with costs. Case Referred to- 8 DLR 272. Lawyers Involved: Nirmalendu Bikash Dana with Mamtazuddin Ahmed, Advocates - For the Appellant. Moqbul Ahmed, Advocate - For the Respondent. Appeal from Appellate Decree No......l is allowed with costs and the judgment and decree of the lower appellate Court is set aside and those of the Trial Court is upheld. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 270.......l is allowed with costs and the judgment and decree of the lower appellate Court is set aside and those of the Trial Court is upheld. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 270...Category: Property Law | Date: | Hits: 66
Shamir Ghosh Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....wful and not binding the plaintiff. 3. The plaintiff’s case, in short, is that the father of the plaintiff rented a house in the year 1943, obtained licence from the authority and started cinema business. Thereafter, in 1966, the father of the petitioner constructed pucca cinema building and wi........Opposite Parties Judgment February 17, 2004. Result: The Rule is made absolute. Lawyers Involved: Md. Khurshid Alam Khan with Shahnaz Babli and Bulbul Rabeya Banu, Advocates ‑ For the Petitioner. Md. Golam Mostafa, Assistant Attorney General - For the Opposite Parties. C......s. Accordingly, the trial Court is directed to dispose of the suit preferably within 3(three) months from the date of receipt of the order, Ed. This Case is also Reported in: 56 DLR (2004) 560. ......s. Accordingly, the trial Court is directed to dispose of the suit preferably within 3(three) months from the date of receipt of the order, Ed. This Case is also Reported in: 56 DLR (2004) 560. ..Category: Property Law | Date: | Hits: 62
Nirman International Ltd. Vs. Islam Steel Mills Ltd. and others, 1997, 26 CLC (HCD)
....l, in short, the relevant facts are that the respondent-1 company is a manufacturer of various iron and steel materials of different kinds. The appellant-1, a private construction company, carries on business as contractor in its own name and in the name of respondent No.2. The appellant 1 started b......Mundra Vs. Md. Maneck Gazi and others, 1951 (Cal) 156; Abdul Wahab Gazi Vs. Sheikh Haider Ali and others, 16 BLD (AD) 53 . Lawyers Involved: Ishtiaque Ahmed with Rokanuddin Mahmud, Advocates - For the Appellant. Rafique-ul Huq with Moudud Ahmed, Md. Zafarullah Chowdhury, Md. Azizul Huq, Md....... learned brother has already discussed and observed very clearly the legal aspect on this point in view of case laws cited before us. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 125. ...... learned brother has already discussed and observed very clearly the legal aspect on this point in view of case laws cited before us. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 125. ..Category: Procedural Law | Date: | Hits: 118
.... in short, is that plaintiff No. 1 was a limited company of which the plaintiff No. 2 the managing director and plaintiff Nos. 3 to 6 shareholders directors. Plaintiff Nos. 2 to 6 were engaged in the business of manufacturing of MS rod and marketing. On 7‑2‑85 the plaintiffs applied to the Bank ......R 464; Chairman, BTMC Vs. Nasir Ahmed, 7 BLC (AD) 144; Konda Lakshmana Bapuji Vs. Government of AP, (2002) 3 SCC 238; Kewal Singh Vs. Lajwanti, (1980) 1 SCC 290; Sibtain Fazil Vs. Star Films Distributor, 14 DLR 307 Dac; Messrs Eastern Federal Union Insurance Co. Ltd Vs. Messrs Quareshi Brothers, 18 ......d and order of stay granted therein is recalled and vacated.
Parties are directed to bear their own cost. Send down the records at once.
Ed.
This Case is also Reported in: 56 DLR (2004) 530.
......d and order of stay granted therein is recalled and vacated.
Parties are directed to bear their own cost. Send down the records at once.
Ed.
This Case is also Reported in: 56 DLR (2004) 530.
..
Category: Civil Law | Date: | Hits: 92
....e and machineries, but not on labour, land, building, office machineries and transports.”
The aforesaid section means that the tax on the supply of any goods or services to taxable person for a business carried on or to be carried on by him and the tax paid or payable on the importation of any......a and others…………Respondents
Judgment
November 12, 1997.
Result:
The Rule is discharged.
Lawyers Involved:
Ahmed Husain, Advocate - In Person.
Md. Serajul Haq, Advocate - For the Respondent No.2.
Mahmudul Islam with Nahid Mahtab and Ms. Ayes Morshed, Advocates - For th...... without any order as to cost. Stay order granted earlier in respect of realisation of the disputed portion of VAT is hereby vacated.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 115.
...... without any order as to cost. Stay order granted earlier in respect of realisation of the disputed portion of VAT is hereby vacated.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 115.
..
Category: Fiscal/Taxation Law | Date: | Hits: 138
IFIC Bank Ltd. and others Vs. Beximco Holdings Ltd. and others, 2004, 33 CLC (HCD)
....ion for temporary injunction is also dismissed. Connected Civil Rule No. 654 (FM) of 2004 is accordingly disposed of. Communicate at once. Ed. This Case is also Reported in: 57 DLR (2005) 154.......ngs Ltd. and others ...................Respondents Judgment November 8, 2004. Results: The application is allowed. Lawyers Involved: Mahmudul Islam with AQM Shafiullah, Advocates—For the Appellants. Rafique‑ul‑Huq with Ahsanul Karim, Advocates—For the Respondents. ......tanding dues for and on behalf of the Beximco Holdings. Accordingly, plaintiff Nos. 2 to 5 being directors of the Beximco Holdings took responsibilities to execute personnel guarantees in addition to corporate guarantee for said outstanding dues. As per said Board resolution, the plaintiff Nos.2 and......ion for temporary injunction is also dismissed. Connected Civil Rule No. 654 (FM) of 2004 is accordingly disposed of. Communicate at once. Ed. This Case is also Reported in: 57 DLR (2005) 154...Category: Civil Law | Date: | Hits: 71
Abdur Rashid Chowdhury Vs. CA Hamid and Co. Ltd. and others, 2005, 34 CLC (HCD)
.... 7. Respondent No.3 to 7 however, opposed the application by filing an affidavit-in-opposition. 8. In the affidavit, it is stated that the company was brought into existence after taking over the business and assets of the partnership firm, C A Hamid and Company. Respondent No.3 and the petition......l Islam Vs. Al‑Rajhi Hospital (Pvt.) Ltd. and others, (2004) 1 LG 46. Lawyers Involved: Muhammad Nawshad Zamir with Fatema Anwar, Idris Khan, AHM Kamruzzaman and Sathika Hossain, Advocates—For the Petitioner. Shamim Khaled Ahmed with Shah Monjurul Hoque, Advocates—For Respondent Nos. ...... Chowdhury is made under section 43 of the Companies Act, 1994, in brief, the Act, for rectification of the register of members of a company. 2. The company is a private limited company; and was incorporated under the previous Companies Act, 1913 on 20-6-69. It was comprised of two brothers, name......he register of members of the company. Respondent No.2, Registrar, is directed to rectify the share register of the company, accordingly. Ed. This Case is also Reported in: 57 DLR (2005) 148. ..Category: Company Law | Date: | Hits: 232
Rafiqul Alam (Md.) MD Dhaka Mercantile Co‑operative Bank Ltd. Vs. State, 2004, 33 CLC (HCD)
....eral Manager of the bank. The principal officer of a Society has been indemnified for all costs, charge, travelling and other expenses incurred by him out of the funds in the conduct of the Society's business and no legal proceedings either civil or criminal shall lie against him in respect of anyth......rative Bank Ltd..............Petitioner Vs. State…………………………….Respondent Judgment July 6, 2004. Lawyers Involved: Md. Ozair Farook with Osman Gani, Advocates—For the Petitioner. Aktar Imam, Advocate—For the Informant. Criminal Miscellaneous Case No.11...... is hereby quashed. The petitioner is discharged from the bail bond. The order of stay granted earlier by this court is hereby vacated. Ed. This Case is also Reported in: 57 DLR (2005) 145. ...... is hereby quashed. The petitioner is discharged from the bail bond. The order of stay granted earlier by this court is hereby vacated. Ed. This Case is also Reported in: 57 DLR (2005) 145. ..Category: Criminal Law | Date: | Hits: 89
.... been made and issued without lawful authority and are of no legal effect.
2. Background of the issuance of the Rule, in short, is that the petitioner is a private limited company conducting its business all over the country as a manufacturer of different sizes of SPC Poles in its factory. The ......er……..Respondents
Judgment
August 18, 2010.
Result:
The Rule is made absolute.
Cases Referred to-
Khandaker Delowar Hossain, Secretary, BNP Party Vs. Bangladesh Italian Marble Works Ltd, 62 DLR (AD) 298; Dalbir Singh Vs. State of Punjab AIR 1979 (SC) 1384; Qualcast (Wolverhamp......08 (Anriexure-F) and dated 3-9-2008 (Annexure-I) are hereby declared to have been passed without lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 63 DLR (2011) 61.
......ducting its business all over the country as a manufacturer of different sizes of SPC Poles in its factory. The main consumer of the said SPC poles is the Rural Electrification Board and other public bodies. The petitioner company in course of business participated in an open tender floated by the..
Category: Fiscal/Taxation Law | Date: | Hits: 140
Padma Oil Co. Ltd. Vs. SM Nurul Islam and others, 2002, 31 CLC (HCD)
.... as to cost. The order of stay granted at the time of issuance of the Rule stands vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 56 DLR (2004) 505. ...... 505. ......ted no error occasioning failure of justice in decreeing the suit and in dismissing the appeal, calling for interference by this Court. 7. Admittedly, Padma Oil Co. Ltd. is a Public Ltd. Company incorporated under the Companies Act, 1913. Admittedly, the same subsequently has been placed under th...... as to cost. The order of stay granted at the time of issuance of the Rule stands vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 56 DLR (2004) 505. ..Category: Employment/Service Law | Date: | Hits: 122
Noor Alam Vs. Sonali Bank and others, 2011, 40 CLC (HCD)
....rt, is that, the defendant No. 2 approached to the plaintiff Bank vide his application dated 9.9.80 for issuance of a Bank Guarantee for TK. 6,50,000/- for a period of one year to transact the normal business of defendant No. 1 with Bangladesh Biman offering 15 Kathas of land as counter guarantee wh...... Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 332.......m other defendant Nos. 1-2 in accordance with law. Let a copy of this judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 332.......m other defendant Nos. 1-2 in accordance with law. Let a copy of this judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 332...Category: Procedural Law | Date: | Hits: 107
Industrialisation Fund for Developing Countries Vs. Northern Corporation Limited, 2010, 39 CLC (HCD)
....n the Opposite Party and Mr. Kamal-ul Alam by a Special Messenger at the cost of the Petitioner. Ed. This Case is also Reported in:16 MLR (HCD) (2011) 313; 30 BLD (HCD) (2010) 623. ...... the cost of the Petitioner. Ed. This Case is also Reported in:16 MLR (HCD) (2011) 313; 30 BLD (HCD) (2010) 623. ......ty and Borrower companies have common shareholders and directors. 3. Pursuant to Article 14 of the Loan Agreement, the Opposite Party provided a third party on-demand irrevocable and unconditional corporate guarantee in the form of a Guarantee Agreement executed on 20.1.2007 in Bangladesh ("the G......n the Opposite Party and Mr. Kamal-ul Alam by a Special Messenger at the cost of the Petitioner. Ed. This Case is also Reported in:16 MLR (HCD) (2011) 313; 30 BLD (HCD) (2010) 623. ..Category: Alternative Dispute Resolution | Date: | Hits: 222
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