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S.N. Kabir Vs. Fatema Begum and others, 2014, 43 CLC (AD)
....ue in the Indian Sub-Continent for centuries denote a transaction which is done by a person without using his own name, but in the name of another. Acquiring and holding property and even carrying on business in names other than those of real owners or in fictitious names did not contravene any...... The preamble cannot be used to control the enactments themselves where they are expressed in clear and unambiguous terms. The aid of preamble can only be taken when the meanings of the words to be interpreted are not clear and unambiguous. The words 'immoveable property' o......, we do not find any substance in these civil petitions for leave to appeal. Accordingly, both the petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 193. ......, we do not find any substance in these civil petitions for leave to appeal. Accordingly, both the petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 193. ..Category: Property Law | Date: 16 Feb, 2014 | Hits: 19
Ali Garments Limited Vs. Commissioner of Taxes, 2014, 43 CLC (AD)
.... A-Range, Chittagong Vs. Harendra Kumar Shil reported in 34 DLR (AD) 298, where it was held that: "Determination of rate of gross profit for the particular year in respect of the particular business or trade, is purely a question of fact, and that being so it could not be made a ground for...... The appeal is dismissed. Cases Referred to- Commissioner of Income Tax A-Range, Chittagong Vs. Harendra Kumar Shil, 34 DLR (AD) 298. Lawyers Involved: Rafique-ul-Huq, Senior Advocate instructed by Md.Wahidullah, Advocate-on-Record—For the Appellant. Mahfuza Be......he High Court Division, accordingly, the appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 243. ......he High Court Division, accordingly, the appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 243. ..Category: Fiscal/Taxation Law | Date: 5 Jan, 2014 | Hits: 11
BRAC Bank Ltd Vs. Multimode Ltd, 2013, 42 CLC (HCD)
...., under the supervision and monitoring of Bangladesh Bank participates in various service such as, keeping deposit of money, providing loan facilities for multipurpose, monitory transactions of share business, open L/C for export and import business and of its clients. Western Union Financial Servic...... Rahman Vs. The Chairman, Dhaka Improvement Trust DIT Building, Dhaka, 41 DLR (AD) 131 D Wren International Ltd. Vs. Engineers India Ltd., AIR 1996 Calcutta 424 Desai and Co. Vs. Hindustan Petroleum Corporation Limited, AIR 1987 (Guj) 19 Jamuna Oil Company Limited Vs. S.K. Dey, 44 DLR (AD) 104 Rex V......āĻ°āĻ¤āĻŋ (āĻāĻ) āĻāĻ° āĻĄāĻŋāĻā§āĻ°āĻŋ āĻĒā§āĻ°āĻĻāĻžāĻ¨ āĻāĻ°āĻž āĻšāĻāĻ˛āĨ¤ 4. It is the plaint case that plaintiff is a Private Limited Company and defendant is Public Limited Company incorporated under the Companies Act, 1913. Defendant Bank as a schedule Bank, under the supervision a......e result, this appeal is dismissed. No costs. Connected Civil Rule No. 395(f) of 2012 is accordingly discharged. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 48 ..Category: Contract Law | Date: 12 Dec, 2013 | Hits: 0
Abdul Quader Mollah Vs. Chief Prosecutor, International Crimes, Tribunal, Dhaka, 2013, 42 CLC (AD)
.... For the reason stated above, we find no merit in these review petitions. The petitions are accordingly dismissed on merit. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 289. ...... AHM Shamsuddin Choudhury J Abdul Quader Mollah .....................Petitioner (In both the cases) Vs. Chief Prosecutor, International Crimes, Tribunal, Dhaka...........Respondent (In both the cases) Judgment&nbs...... For the reason stated above, we find no merit in these review petitions. The petitions are accordingly dismissed on merit. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 289. ......ke judicial notice thereof. (4) A Tribunal shall take judicial notice of official governmental documents and reports of the united Nations and its subsidiary agencies or other international bodies including nongovernmental organizations." Rule 53(ii) states; "The cross-..Category: International Crimes Tribunal Law | Date: 12 Dec, 2013 | Hits: 15
SM Redwan Vs. Md. Rezaul Islam and others, 2013, 42 CLC (AD)
.... submission in the following manner, 19. "The object of bringing section 138 on statute appears to be to inculcate faith in the efficacy of banking operations and credibility in transacting business on negotiable instruments. Despite civil remedy, section 138 intended to prevent disho...... Judgment October 9, 2013. Result: Both the appeals are allowed. Payment stopped by the drawer Since the cheques were returned by bank with the endorsement "payment stopped by the drawer" it is to be presumed that those were re......he High Court Division are hereby set-aside. The concerned Courts are directed to proceed with the cases in accordance with law. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 169. ......he High Court Division are hereby set-aside. The concerned Courts are directed to proceed with the cases in accordance with law. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 169. ..Category: Criminal Law, Others | Date: 9 Oct, 2013 | Hits: 12
Moulana Abdul Hakim (Md.) Vs. Government of Bangladesh and others, 2013, 42 CLC (HCD)
.... in the strictest sense have in reality long forsaken their perceived monopoly over public affairs and, that private and public enterprise and endeavour are inextricably intertwined in the conduct of business of the Republic or of a local authority. 15. Viewed from a different perspective, the ...... play in relation to the infringement of any fundamental right guaranteed under Part III of the Constitution. Article 102(2) presupposes the availability of the various writs that may be appealed to for reviewing actions and operations in the public domain. When issues of fundamental rights are......hmud. 16. In Datafin the Court of Appeal was concerned with the actions of the Panel on take-overs and Mergers which it termed "a truly remarkable body" in that it "is an unincorporated association without legal personality", thereby, performing its functions without vi......ions of Articles 102(1) and (2). 4. The purpose of the enquiry made of the amicus curiae has been to ascertain the extent of judicial reviewability of actions and decisions of ostensible private bodies but which nevertheless operate in the public domain. Mr. Mahmudul Islam, relying upon the dec..Category: Administrative Law, Constitutional Law | Date: 3 Oct, 2013 | Hits: 2
AA Engineering Limited Vs. University of Khulna, 2013, 42 CLC (AD)
....Board is one of the registered taxable persons providing service by offering telephone to its customers (section 15) and VAT is charged on the service supplied by it to its customers in the course of business carried on by it (sections 3 and 5). The tax is, therefore, payable by the Bangladesh ...... Md. Anwarul Haque J AA Engineering Limited……………………........Appellant Vs. University of Khulna, represented by its Vice-Chancellor and others……….Respondents Judgment October 3, 2013. Result: ......thout deducting therefrom any amount on account of VAT. Khulna University is under the obligation to pay VAT in the instant case. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 19. ...... the judge declines to take such information into account. The administration of every Act of Parliament is within the purview of some government department. This applies even where other public bodies (such as local authorities) are charged with the day-to-day operation of the Act. It follows ..Category: Fiscal/Taxation Law | Date: 3 Oct, 2013 | Hits: 28
State Vs. Mostafizur Rahman and another, 2013, 42 CLC (AD)
.... she could turn for assistance. The informant runs an organization which admittedly assists victims such as Shefali, but at the same time was constrained by factors relating to the organization's business procedure. It is not unnatural that the organization would be required to go through certai......ellip;…………Appellant Vs. Mostafizur Rahman and another...........Respondents Judgment September 18, 2013 Result: The appeal is dismissed by majority decisions. Case Referred to- State of Punjab Vs. Jagir Sing; SCC (1974) PP 285-......and findings given by Mohammad Anwarul Haque, J. Court's Order The appeal is dismissed by majority decisions. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 218. ......and findings given by Mohammad Anwarul Haque, J. Court's Order The appeal is dismissed by majority decisions. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 218. ..Category: Criminal Law, Women and Children | Date: 18 Sep, 2013 | Hits: 7
.... (iii) of the RPO.
315. The constitution of the BJI complies with the requirements of Article 90B and 90C of the RPO. BJI is neither a Bank, financial institution, trade/business organization, NGO, charity, nor did BJI ever sought registration as any of the aforesaid in......hellip;Respondents
Judgment
August 1, 2013.
Result:
The Rule is made absolute.
Cases Referred to-
Kusper Vs. Pontikes, 414 US, at 57, 38L Ed 2nd at 266; Whitney Vs. California, 274 US 357, 71 L Ed 1095, 47 S Ct 641 (1927); Brandenbourg Vs. Ohio, 395 US, at 447, 449, 23 ......d to be 'apparent', however, in the facts and circumstances of the case, there is no discrimination apparent or otherwise. The petitioners by their attempts at interpretation of Islam, have incorporated western concepts and ideals. As such they have undermined Islam, Their interpretation of ...... party is not coming forward for no visible reason, the Court may refuse to entertain the application. It has been clearly pointed out that the liberalized rule of standing will be of no avail to busybodies or persons seeking intervention of the Court with oblique motive.”
360. It further..
Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 10
....āĻ¨ā§ā§āĻžāĻ° āĻāĻŦāĻŋāĻ°; āĻāĻ¸āĻ˛āĻžāĻŽāĻŋāĻ āĻĢāĻžāĻāĻ¨ā§āĻĄā§āĻļāĻ¨ āĻāĻ°ā§āĻ¤ā§āĻ āĻĒā§āĻ°āĻāĻžāĻļāĻŋāĻ¤, āĻĒā§āĻˇā§āĻ āĻžāĻ ā§Ŧā§Ž)
(..to be continued at CLC ID ( 9365 )
......hellip;Respondents
Judgment
August 1, 2013.
Result:
The Rule is made absolute.
Cases Referred to-
Kusper Vs. Pontikes, 414 US, at 57, 38L Ed 2nd at 266; Whitney Vs. California, 274 US 357, 71 L Ed 1095, 47 S Ct 641 (1927); Brandenbourg Vs. Ohio, 395 US, at 447, 449, 23 ......secularism' remained excluded from the preamble because of amendment of the preamble by martial law proclamation (ratified by the Fifth Amendment), the Eighth Amendment of the Constitution incorporated art 2A to make Islam the State religion of Bangladesh. As secularism essentially means th......n November, 2009. The BJI-constitution has undergone four amendments thereafter. It is an evolving document and the current constitution of BJI was published in January, 2011. The petitioners are busybodies. They have filed the writ petition mala fide to undermine BJI as a political party. Petitione..
Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 11
....p of the writ respondent No.6- the Daipukuria Union Matshajibi Samabaya Samity Ltd. did not consist of genuine fishermen of locality as the President of the Samity was listed in the votersâ list as businessman and as such the co-operative society consisting of non-fisherman cannot qualify to get l...... Samabaya Samity Ltd. and others......................Respondents
Judgment
July 28, 2013.
Result:
The Petition is Disposed of.
Lawyers Involved:
Abdul Wadud Bhuiyan, Senior Advocate, instructed by Gaisudin Ahmed Advocate-on-Record- For the Petitioner.
Dr. Md. Ali, Ad......d over possession of the fishery in question and also to refund to the petitioner the proportionate lease money for the unexpired period of the lease.
Ed.
This Case is also Reported in:
......d over possession of the fishery in question and also to refund to the petitioner the proportionate lease money for the unexpired period of the lease.
Ed.
This Case is also Reported in:
..
Category: Civil Law | Date: 28 Jul, 2013 | Hits: 169
Md. Lokman Hakim and Others Vs. National Board of Revenue and others, 2013, 42 CLC (HCD)
..... 3. Upon examining all the thirteen writ petitions it appears that similar facts have been stated in these writ petitions alike that the writ-petitioners are citizen of Bangladesh and carrying on business of import of scrap vessels from abroad for the purpose of transforming the steel, obtained ......I agree. This Case is also Reported in: ......o the writ petitioners. In the result, these rules are made absolute. However, there shall be no order as to cost. Mohammad Ullah J. - I agree. This Case is also Reported in: ......o the writ petitioners. In the result, these rules are made absolute. However, there shall be no order as to cost. Mohammad Ullah J. - I agree. This Case is also Reported in: ..Category: Fiscal/Taxation Law | Date: 25 Jul, 2013 | Hits: 121
Younusuzzaman (Badal) Vs. State and another, 2013, 42 CLC (HCD)
....ocate appearing for the petitioner at the outset submits that the instant proceeding clearly violated the provisions of sections 138 and 140 of the Negotiable Instruments Act, admittedly, the alleged business was taken place between the Complainant and Zaman Dyeing & Fabrics Ltd. but the Company......anuddin J.-I agree. Ed. This Case is also Reported in: ......o be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation- For the purposes of this section- (a) âcompanyâ means anybody corporate and includes a firm or other association of individuals; and (b) âdirectorâ in relatio...... time of issuance of the Rule is hereby vacated. Communicate a copy of this judgment to the court concern immediately. Borhanuddin J.-I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: 25 Jul, 2013 | Hits: 140
Chow Wen Chang and others Vs. SF Winsome Fashion Ltd. and others, 2013, 42 CLC (HCD)
....d being satisfied that there was appropriate authorization the respondent No.7 had entered into the registered sale deed, that the respondent No. 7 had never entered into any dealings and/or any business transactions with the respondent No. 1 company and it was not aware of any dispute in the i......,000 to petition No.1 and Taka 50,000 to petitioner No. 2 within 30 days. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 584. ...... The entire transaction of the landed property was fraudulent and the illegal and was done to secure unlawful gain to petitioner No. 1. Fraud vitiates everything. Besides, in such a case, the corporate veil is to be lifted to find out the real culprits and to undo the misdeed for ends of jus......The respondent No.3 is directed to pay cost of Taka 50,000 to petition No.1 and Taka 50,000 to petitioner No. 2 within 30 days. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 584. ..Category: Company Law | Date: 24 Jul, 2013 | Hits: 10
Moulana Development Co. Limited Vs. National Board of Revenue and others, 2013, 42 CLC (HCD)
....fit and properâ. 2. It has been asserted in the writ petition that the assessee-writ-petitioner is a private limited company, incorporated under the Companies Act 1994 and engaged in Real Estate business and as such it drives income from the business of land development and from construction of......vision (Special Original Jurisdiction) Present: AFM Abdur Rahman J Mohammad Ullah J Moulana Development Co. Limited, 980/Access road, Agrabad Chittagong represented its Managing Director Muhammad Abdul Quader ZilanyâĻ....Petitioner Vs. 1. National Board of Revenue, NBR Buildin...... other or further order or orders passed as to this court may seem fit and properâ. 2. It has been asserted in the writ petition that the assessee-writ-petitioner is a private limited company, incorporated under the Companies Act 1994 and engaged in Real Estate business and as such it drives in......t relates to the previous assessment years other than the current assessment years. However, there shall be no order as to costs. Mohammad Ullah J. - I agree. This Case is also Reported in: ..Category: Fiscal/Taxation Law | Date: 12 Jun, 2013 | Hits: 86
Golam Rasul Belal Vs. Habibullah Shakir and another, 2013, 42 CLC (AD)
.... (a) By delivering it to the person on whom -it is to be served; or (b) By sending it by registered post with acknowledgement due to that person at his usual or last known place of abode or business in Bangladesh; or (c) By publication in a daily Bangla national newspaper having ...... Vs. Habibullah Shakir and another.............Respondents Judgment June 11, 2013. Result: The appeal is allowed. Questions of Facts Whether notice was duly served or not upon the accused-respondent at its correct address or upon its authorized agent or upon himse......egotiable Instruments (amendment) Act, 2006 (Act III of 2006), came into force on 9 February 2006. In the said amendment the mode of service of notice as required under section 138(b) has been incorporated in section 138 (1A) which reads as under: "1(A) The notice required to be ......t, 1881, now pending in the Court of Metropolitan Magistrate, Dhaka shall proceed in accordance with law. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 58. ..Category: Criminal Law | Date: 11 Jun, 2013 | Hits: 10
Grameen Telecom Vs. Commissioner of Taxes, 2013, 42 CLC (HCD)
....case where a firm or association of persons is dissolved, to any person who was a member of the firm or association, as the case may be, immediately before such dissolution; (e) in a case where a business or profession is discontinued to which section 89 applies, if the business or profession di......ner of Taxes (Appeal), immediately. However, there shall be no order as to costs. Mohammad Ullah J. -I agree. This Case is also Reported in: ......o be admitted and heard on merit by the Commissioner of Taxes (Appeal), immediately. However, there shall be no order as to costs. Mohammad Ullah J. -I agree. This Case is also Reported in: ......o be admitted and heard on merit by the Commissioner of Taxes (Appeal), immediately. However, there shall be no order as to costs. Mohammad Ullah J. -I agree. This Case is also Reported in: ..Category: Fiscal/Taxation Law | Date: 5 Jun, 2013 | Hits: 86
Hasan Chowdhury (Md.) Vs. Bangladesh Bank and others, 2013, 42 CLC (HCD)
....bove provisions we want to reiterate that under Bank companies Act, 1991 Bangladesh Bank holds a sublime position as a strong regulatory body and can interfere with the functioning and business of banking Companies in a given situation. Section 45(1)(Ga) (Gha) and 49(Kha) read with Ar...... Bangladesh Bank and others..................Respondents (In both the petitions) Judgment May 22, 2013. Result: Both the Rules are disposed of. Cases Referred to- Professor Md. Yumus Vs. Bangladesh 63 DLR 260; ASF Rahman Vs. Bangladesh Bank 20 BLD (AD) 32 = 52 DLR (AD) ......nd also to communicate the compliance of our direction to the Registrar of the Supreme Court without any fail. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 533. ......nd also to communicate the compliance of our direction to the Registrar of the Supreme Court without any fail. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 533. ..Category: Banking Law | Date: 2 May, 2013 | Hits: 3
JIT Knit Composite Ltd Vs. Government of Bangladesh and others, 2013, 42 CLC (HCD)
....ult: The Rule is made absolute. Section 45(1) (Ga) (Gha) and Section 49(Kha) of the Bank Companies Act clearly invest Bangladesh Bank with a strong regulatory power over the functioning and business of banking companies. Under Bank companies Act, 1991 Bangladesh Bank holds a sublime p......3. Result: The Rule is made absolute. Section 45(1) (Ga) (Gha) and Section 49(Kha) of the Bank Companies Act clearly invest Bangladesh Bank with a strong regulatory power over the functioning and business of banking companies. Under Bank companies Act, 199......in stayed. With this observation and direction the Rule is made absolute. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 480. ......in stayed. With this observation and direction the Rule is made absolute. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 480. ..Category: Banking Law, Company Law | Date: 25 Apr, 2013 | Hits: 11
State Vs. Romana Begum alias Noma, 2013, 42 CLC AD
....igh Court Division does not call for any interference by this Division. Accordingly, the criminal appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 183. ......ssed. Condemned-prisoner spent about 4 years in the condemned cell, and 13 years have elapsed since the judgment of the High Court Division, which commuted her sentence of death to imprisonment for life....... (17) Lawyers Involved: Momtazuddin Fakir, Additional Atto......igh Court Division does not call for any interference by this Division. Accordingly, the criminal appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 183. ......ter, deceased Mahjabin Chowdhury alias Suma and a maid servant Romana Begum alias Nomi. On the day of occurrence on 2-10-1994 P.W.1 was asked to return home immediately. On his return he saw the dead bodies of his mother and sister Suma. The maid servant, Romana Begum, respondent herein, was found m..Category: Procedural Law | Date: 5 Mar, 2013 | Hits: 5
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