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Md. Anowarul Mustakin and another Vs. State, 2011, 40 CLC (HCD)
....lasses balls, the accused persons were trying to leave the place. When the informant asked about the ownership of molasses balls the accused persons claimed the ownership and introduced themselves as businessmen of molasses. On suspicion the informant brought the accused persons with molasses balls ...... Vs. The State...….............................................Respondent Judgment April 24, 2011. Lawyers Involved: Not represented- the Appellants. Biswajit Deb Nath, Deputy Attorney General with Nizamul Hoque Nizam, Attorney General and Shaikat Basu, Assistant Attorney Genera......scharged from their respective bail bonds. Send down the lower Court records with a copy of this judgment immediately. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......scharged from their respective bail bonds. Send down the lower Court records with a copy of this judgment immediately. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 68
Chittagong Container Transportation Company Vs. Bangladesh and others, 2009, 38 CLC (AD)
.... above, we find no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petitioner is dismissed. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 37. ......eported in: 16 BLC (AD) (2011) 37. ......tation of fruitful return and admittedly Chittagong Port Authority rented out open space in favour of the Trading Corporation of Bangladesh, a statutory body and Messrs Bay Fishing Limited, a private corporate at half of the rate of the rent covered space as such the Chittagong Port Authority has pr...... above, we find no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petitioner is dismissed. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 37. ..Category: Property Law | Date: | Hits: 126
Janata Insurance Co. Vs. Islam Steel Mills, 2000, 29 CLC (HCD)
....y. The Insurance Act, 1938 and the Insurance Corporation Ordinance (No.VII of 1973), 1973 are holding the field with amendments introduced from time to time. The above Act was enacted to regulate the business of insurance in British India and the Ordinance for organising the organogram of the busine......d J Janata Insurance Co.……………Appellant Vs. Islam Steel Mills……………Respondents Judgment July 12, 2000. Cases Referred To- United India Insurance Co. Vs. MJK Corporation, [1996] 6 SCC 428; Trang Ice Cold Storage Vs. Amin Fish Farm, 46 DLR 39; Boston Fruit Cor......in MS No.44 of 1994, MS No.45 of 1994 and MS No.46 of 1994 are hereby confirmed. Let the records be sent down without any further delay. Ed. This Case is also Reported in: 52 DLR (2000) 642. ......in MS No.44 of 1994, MS No.45 of 1994 and MS No.46 of 1994 are hereby confirmed. Let the records be sent down without any further delay. Ed. This Case is also Reported in: 52 DLR (2000) 642. ..Category: Business or Commercial Law | Date: | Hits: 211
Bangladesh Inland Water Transport Corporation Vs. M/S Broadway Shipping Limited, 2010, 39 CLC (HCD)
....Inland Water Transport Corporation Order, 1972 (President’s Order No.28 of 1972) for the purpose of operation, Promotion, Development of Coastal and Inland Shipping and Water Transport Services and business in Bangladesh and is the owner of the Tanker T-1049. The defendant M/S Broadway Shipping Li......he amount of interest. Ed. This Case is also Reported in: ......actual realization of decreetal amount along with the cost of the suit. The office is directed to assess the cost of the suit and the amount of interest. Ed. This Case is also Reported in: ......actual realization of decreetal amount along with the cost of the suit. The office is directed to assess the cost of the suit and the amount of interest. Ed. This Case is also Reported in: ..Category: Admiralty Law or Maritime Law | Date: | Hits: 198
Fazlur Rahman & Co. Vs. M.V. CHOSUN HOPE and others, 2010, 39 CLC (HCD)
....ence of both the parties and now disposed of by this judgment. 2. It has been asserted in the plaint that the plaintiff Company imports Soda Ash Light and other chemical product for the purpose of business and in course of such business the plaintiff imported from China 9420 MT and 800 MT Soda As......urisdiction) Present: AFM Abdur Rahman J Fazlur Rahman & Co. Private Ltd. Nahar Mansions, 150 Motijheel C.A. Dhaka…........…Plaintiff Vs. 1. M.V.CHOSUN HOPE, now at Chittagong Port.………......Defendant 2. Master of M.V.CHOSUN HOPE, now stationed at Chittagong Port……......oaded the plaintiffs cargo on 27.5.1997 and as such the natural presumption of its date of arrival at Chittagong Port will be within 10-12 days thereafter and therefore, the date to be presumed, as incorporated in addendum of the Charter Party, is 11th June, 1997. 28. It appears that from the ad......days from the date of decree drawn. The office is directed to calculate the interest and the cost and inform the same to the defendant within the date fixed. Ed. This Case is also Reported in: ..Category: Admiralty Law or Maritime Law | Date: | Hits: 178
United Commercial Bank Ltd. Vs. Rahimafrooz Batteries Ltd. and others, 2000, 29 CLC (HCD)
....hese two appeals. 2. Facts relevant for the purpose of disposal of these two appeals are that, the plaintiff is the successor-in-interest of Messers Lucas Service (Pakistan) Limited conducting the business of manufacture of batteries in the ground floor of Holding No.74 Motijheel Commercial Area,......d To- Shyamakant Lal Vs. Rambhajan Singh, AIR 1939 Federal Court, 74. Lawyers Involved: Syed Ishtiaq Ahmed with Dr. Syed Refaat Ahmed, AH Abdur Rahman Chowdhury and Asaduzzaman, Advocates - For the Appellant (In FA No. 85 of 1997). PC Guha with Abdul Bashar Bhuiyan and Purabi Saha, Advoc......suit on 24-3-97 did not commit any error of law calling for our interference in any way and, as such, both the appeals therefore must fail. Ed. This Case is also Reported in: 52 DLR (2000) 625. ......suit on 24-3-97 did not commit any error of law calling for our interference in any way and, as such, both the appeals therefore must fail. Ed. This Case is also Reported in: 52 DLR (2000) 625. ..Category: Tenancy Law | Date: | Hits: 135
Paniraj and Company Ltd. Vs. Bangladesh Shilpa Bank and another, 2000, 29 CLC (HCD)
....nk vide Annexure ‘F’ be not declared to have been done illegally and without lawful authority. 2. The facts, in brief, are that the petitioner is a registered Private Company and it carries on business of transport specially cargo and passenger marine vessel. The Company has registered office......pany Ltd………….Petitioner Vs. Bangladesh Shilpa Bank and another……………..Respondents Judgment March 13, 2000. Lawyers Involved: M Zahir with Biplab Saha, Advocates - For the Petitioner. Kazi Akhter Hamid with Abdul Aziz, Advocates - For Respondent No.1. Md. Sha......ake steps for resale of the vessel expeditiously according to law. In the result the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 52 DLR (2000) 621. ......ake steps for resale of the vessel expeditiously according to law. In the result the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 52 DLR (2000) 621. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 171
Rasharaj Sarker Vs. State, 2000, 29 CLC (HCD)
....rmation report with the Kotwali Police Station Dhaka, on 27-5-82 alleging, inter alia, that he along with petitioner Rasaraj Sarker, Ramjiban Sarker and Sachindra Roy had been carrying on partnership business at Golam Azam market, that petitioner changed the name of the business firm and obtained tr......ir Badsha Vs. State, 15 DLR (SC) 55; Abdus Salam Master and another Vs. State, 36 DLR (AD) 58; Abdus Salam @ Salam and another Vs. State, 36 DLR (AD) 58. Lawyers Involved: MA Wahab, Advocate—For the Petitioner. Shueb Ahmed, Assistant Attorney-General—For the State. Criminal Revision ......7 and the order dated 14-5-87 of the learned Additional Chief Metropolitan Magistrate, Dhaka in GR case No.1991 of 1982 are hereby quashed. Ed. This case is also Reported in: 52 DLR (2000) 598. ......7 and the order dated 14-5-87 of the learned Additional Chief Metropolitan Magistrate, Dhaka in GR case No.1991 of 1982 are hereby quashed. Ed. This case is also Reported in: 52 DLR (2000) 598. ..Category: Criminal Law | Date: | Hits: 56
Md. A. Razzak Vs. State, 2011, 40 CLC (HCD)
....al Session Judge, Court No. 1 Naogaon. 2. Facts for disposal of the rule are that one Mst. Maleka lodged an FIR on 12.5.03 alleging that her husband Abu Hossain @ Sajjad while was engaged his fish business in the evening at about 7.30 on 11.5.03 was killed by slaughtering by some unknown miscrean......State…………………………………………………………………………………...Opposite party Judgment March 20, 2011. Lawyers Involved: Md. Golam Mostafa, Advocate-For the petitioner. Bashir Ahmed, Assistant Attorney General-For the Opposite party. Criminal M...... to cancel the bail, if the accused petitioner misuses in any way the privilege of bail. Communicate the order at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ...... to cancel the bail, if the accused petitioner misuses in any way the privilege of bail. Communicate the order at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 50
Sontai Miah Vs. State, 2011, 40 CLC (HCD)
.... directed to set at liberty at once if not wanted in connection with any other case. Send down the L.C. records at once. AKM Zahirul Haque, J.- I agree. Ed. This Case is also Reported in: ......¦â€¦â€¦â€¦Appellant Vs. The State…………………………………………..Respondent Judgment March 2, 2011. Lawyers Involved: AKM Ali with Surojit Bhattacharjee, Advocate-For the appellant. Bashir Ahmed, Assistant Attorney General-For the respondent. Criminal Appeal...... directed to set at liberty at once if not wanted in connection with any other case. Send down the L.C. records at once. AKM Zahirul Haque, J.- I agree. Ed. This Case is also Reported in: ...... found to be trustworthy enough. Now let us see the credibility of the deposition of P.W.1. On perusal of the index and sketch map Exts.9 and 10 it appears that the investigating officer found 2 dead bodies on the place of occurrence, one is deceased Taher Ai and another is Shamser Ali alias Temnai ..Category: Criminal Law | Date: | Hits: 50
National Board of Revenue and others Vs. PHP Cold Rolling Mills Limited, 2009, 38 CLC (AD)
.... Judgment ABM Khairul Haque J. - These are petiÂtions for leave to appeal. 2. The facts leading to the filing of these petitions, in brief, are that the respondent-company, in course of its business importÂed a quantity of hot rolled steel from abroad for manufacturing cold rolled steel p...... Vs. PHP Cold Rolling Mills Limited ……………..............Respondent (In all the Cases) Judgment October 6, 2009. Lawyers Involved: Abu Sams Md. Khalequzzaman, Advocate-on-Record-For the Petitioners. (In all the Cases) Not Represented-For the Respondents. (In all the Case......ent of the said surcharge. In that view of the matter, we find no substance in these petitions and accordÂingly those are dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 132. ......ent of the said surcharge. In that view of the matter, we find no substance in these petitions and accordÂingly those are dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 132. ..Category: Fiscal/Taxation Law | Date: | Hits: 70
KM Zakir Hossain Vs. Bangladesh Bank and others, 2000, 29 CLC (HCD)
....e of this nature only because the Chairman of the Bank has personal interest in the borrowing company. The Bangladesh Bank has inherent power to use its discretion to the best interest of the banking business. It is further stated that there is no collusion between the respondent No.5 and the manage......s……………….Respondents Judgment May 9, 2000. Case Referred To- 27 DLR (AD) 156. Lawyers Involved: Rafique-ul Huq with Md Zafarullah Chowdhury and Faheemul Huq, Advocates—For the Petitioner. M Amirul Islam with Tania Amir, Advocates —For the Respondent Nos. 1 and 2. ......k in exercise of its discretion under section 45(2) of the Bank Companies Act, for reschedulement of the loan. Therefore, even if we accept the submission of the petitioner that circular 7 applies to corporate loan also we find no illegality in giving ‘No objection’ to reschedulement of loan as ......e respondent No.4. In view of the above, the Rule is discharged without any order as to costs. Stay order granted earlier is hereby vacated. Ed. This case is also Reported in: 52 DLR (2000) 577. ..Category: Business or Commercial Law | Date: | Hits: 208
Ayesha Khatun & others Vs. Rabindra Chandra Saha and others, 2006, 35 CLC (HCD)
....th Saha, son of Jagabandhu Saha, Prodip Kumar Saha, Netai Chandra Saha and Narayan Chandra Saha, son of Anil Chandra Saha, proposed to Jagabandu Saha to rent the same on monthly basis for running the business of a carpenter by constructing a structure on about 2 decimals of land; that Jagabandu acce......luddin Vs. Saleha Khatoon and others, 3 MLR (AD) 284, Ganesh Trading Co Vs. Moji Ram, AIR 1978 SC 484, Lawyers Involved: Not represented— the Petitioners. Subash Chandra Saha, Advocate—For the Opposite Parties. First Appeal No. 518 of 2000. Judgment Siddiqur Rahman Miah J. - T......as to costs and the impugned judgment of the leaned Additional District Judge is upheld and the suit is decreed. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 641. ......nce the defendant No. 1, Ayesha Khatun, did not take any legal step against that dismissal order, she is debarred from raising the same issue in this case. Section 11 of the Code of Civil Procedure embodies the doctrine of res judicata or rule of conclusiveness of judgment, as to the point decided, ..Category: Property Law | Date: | Hits: 126
State Vs. Shaiokh Abdur Rahman and others, 2006, 35 CLC (HCD)
....hopkeeper of the Barisal Town and a former Madrasha student of class-V. He stated that in the month of April-May, 2005 he became acquainted with a person named Mehedi in connection with the latter's business in honey, Sometimes they used to have discussion on Islamic matters, Mehedi held out himsel......¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦.Appellant Vs. Shaiokh Abdur Rahman and others……..Respondents. Judgment August 31, 2006. Lawyers Involved: Abdur Razaque Khan, Additional Attorney-General with Md. Helaluddin Mollah, Deputy Attorney-General. Md. Abdus Salam Bhuiyan, Assis......sions Judge, Jhalakati in Sessions Case No. 28 of 2006 is affirmed. The Jail Appeal No. 457 of 2006 is dismissed. Send down the LC records. Ed. This Case is also Reported in: 58 DLR (2006) 615. ....... However, to prove this fact, prosecution has produced both oral and documentary evidence. The two post mortem reports (Exhibit 15 and 16) and the two inquest reports (Exhibits 5 and 10) on the dead bodies of the two Judges clearly speak of their death from bomb blast injuries. These documents are ..Category: Criminal Law | Date: | Hits: 224
State Vs. Shahidul Islam alias Shahid and others, 2006, 35 CLC (HCD)
....en to the PO House. However the disclosure of the bathroom incident was delayed. Because, after arrival from India, Shajneen's mother became ill and her father, an industrialist, became busy with his business affairs. So the elder sisters and their husbands decided to disclose the bathroom incident ......and others …………..Condemned-Prisoners. Judgment July 10, 2006. Cases Referred to- 27 DLR (AD) 29; Lutfun Nahar Vs. State, 27 DLR (AD) 29, para 13; Pakala Narayan Vs. The King Emperor LR 1939 Indian Appeal LXVlpage 66 and page76; Aftabur Rahman alias Zangi Vs. State, 45 DLR 593 (p...... Condemned prisoner Shaniram is to be set at liberty at once if not wanted in connection with any other case. Send down the LC records. Ed. This Case is also Reported in: 58 DLR (2006) 545. ...... Condemned prisoner Shaniram is to be set at liberty at once if not wanted in connection with any other case. Send down the LC records. Ed. This Case is also Reported in: 58 DLR (2006) 545. ..Category: Criminal Law | Date: | Hits: 70
Eskayef Bangladesh Ltd. Vs. Commissioner of Taxes, 2004, 33 CLC (HCD)
....ncorporated under the Companies Act, 1913 having registered office at 2/C, North East Dams Salam Road, Mirpur, section 1, Mirpur Housing Estate, PS Mirpur, Dhaka. The company has been carrying on its business of manufacturing, processing and marketing their own medicines and was assessed to tax unde...... of Taxes…………………………Respondent. Judgment April 27, 2004. Cases Referred to- Titas Gas Transmissions and Distribution Co. Ltd Vs. Commissioner of Taxes, 2000 BTD 27; Sagorika and Co (Pvt) Ltd. Vs. Commissioner of Taxes, 1999 BTD 87; N Mohd Engineering Industries Ltd Vs......uty Commissioner of Taxes, Circle-75, Zone-7, Dhaka, shortly, the DCT. 2. In Reference Application No. 76 of 2000 it has been stated, inter alia, that the petitioner is a private limited company incorporated under the Companies Act, 1913 having registered office at 2/C, North East Dams Salam Road......ly, the questions in both the reference applications are answered in the affirmative and in favour of the Department. No order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 531. ..Category: Fiscal/Taxation Law | Date: | Hits: 88
Badrud Doza (alias Momin) (Md.) Vs. State, 2006, 35 CLC (HCD)
....t implicating one Nazmul Haider Bhuiyan alias Bulbul that on receipt of a letter from the British High Commission where the name of the accused Nazmul Haider Bhuiyan alias Bulbul was mentioned having business in Dhaka in different names and styles in Export and Import sectors. It was further stated ......€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦.Opposite Party. Judgment August 10, 2006. Lawyers Involved: Rokonuddin Mahmud, Abdur Razzaq, Ehsan A Siddiq with Abdullah Al Mubin, Advocates—For the Petitioner. ABM Waliur Rahman Khan, Deputy Attorney-General—For the State-Opposite Party......sent BD House, Road No. 43, House No. 3, PS Gulshan, Dhaka be enlarged on bail subject to the satisfaction of the Deputy Commissioner, Dhaka. Ed. This Case is also Reported in: 58 DLR (2006) 529.......sent BD House, Road No. 43, House No. 3, PS Gulshan, Dhaka be enlarged on bail subject to the satisfaction of the Deputy Commissioner, Dhaka. Ed. This Case is also Reported in: 58 DLR (2006) 529...Category: Criminal Law | Date: | Hits: 64
Korea Exchange Bank, Seoul, Korea Vs. Gemini Garments Limited and others, 2004, 33 CLC (HCD)
....us contract not to be interfered with on grounds extraneous to the guarantee itself, where question of fraud was raised between the parties to the main transaction (agreement to purchase the seller's business) before any question of any enforcement of the guarantee arose as between the beneficiary a...... Case is also Reported in: 56 DLR (2004) 392. ......€‘1993 for US $ 26,632; on 10‑6‑1993 for US $ 28,284 and on 17‑6‑1993 for US $ 91,037. On 13‑9-1993 they received a notice of injunction not to effect any payment. 26. Clause J was incorporated in the letter of credit outside all the common banking practices. Upon receipt of the doc......t wants to and then, write out the judgment in the light of our observations made hereinbefore. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 392. ..Category: Business or Commercial Law | Date: | Hits: 289
....hallenged in this writ petition. Unless the operation of the credit information report under default Code No. 3912 is stayed the petitioners will be unable to obtain credit facility for running their business.
3. The petitioners are not borrowers as defined under Article 42 of Bangladesh Bank Ord......¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦..Respondents.
Judgment
February 23, 2006.
Cases Referred to-
Stadmax Ltd. Vs. Bangladesh Bank, 50 DLR 594; Paul and Co. Narayanganj Vs. Bangladesh Bank & ors, 45 DLR 8; Shahajadi Begum Waqf Estate Vs. Secretary, Ministry of Communication (Roads and Railw......ave been executed by an undisclosed executant does not contain a single word as to the name and address of the executant. Since the petitioner No. 1, Shrimp and Fish Processing Plant Ltd, a company incorporated under the Companies Act, being a juristic person it should have been represented by a com...... In the result, the Rule is discharged without any order as to costs and the order of stay granted earlier by this Court is hereby vacated.
Ed.
This Case is also Reported in: 58 DLR (2006) 517.
..
Category: Business or Commercial Law | Date: | Hits: 251
Dr. Md. Abu Obaidah Vs. Commissioner of Taxes, 2005, 34 CLC (HCD)
....ny only. Admittedly, the assessee is a director of more than one company. So the only natural, legal and reasonable presumption would be that he must be giving at least some time and attention to the business of the other company as well. He must be attending the meeting of the Board of Directors of......Nos. (iii) and (iv) are also decided in the affirmative in favour of the Department. Ed. This Case is also Reported in : 58 DLR (2006) 515....... the learned Advocate for the applicant. Thus, question Nos. (iii) and (iv) are also decided in the affirmative in favour of the Department. Ed. This Case is also Reported in : 58 DLR (2006) 515....... the learned Advocate for the applicant. Thus, question Nos. (iii) and (iv) are also decided in the affirmative in favour of the Department. Ed. This Case is also Reported in : 58 DLR (2006) 515...Category: Fiscal/Taxation Law | Date: | Hits: 91
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