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Concord Engineers Construction Ltd. Vs. Commissioner of Taxes, 1999, 28 CLC (HCD)
....ns for our opinion: (i) Whether in the facts and circumstances of the case the learned Taxes Appellate Tribunal was right in holding that the claim of investment in respect of capital borrowed for business was not an allowable deduction from the income of the applicant. (ii) Whether in the fac...... Ed. This Case is also Reported in: 52 DLR (2000) 562. ......stions raised in these references in the negative and in favour of the assessee applicant. The parties are left to bear their own cost. Ed. This Case is also Reported in: 52 DLR (2000) 562. ......stions raised in these references in the negative and in favour of the assessee applicant. The parties are left to bear their own cost. Ed. This Case is also Reported in: 52 DLR (2000) 562. ..Category: Fiscal/Taxation Law | Date: | Hits: 135
Bally Schutrabriken Ag, Switzerland Vs. Hosnara Begum, 1999, 28 CLC (HCD)
.... are user of the same in this country since 1949 and their products are being sold in this country and if the respondent No.1 is allowed to adopt the trade mark “BALLY” shoes that will ruin their business in this country and destroy the reputation of their products not only in this country but i...... The Court fees paid are correct. The appeal is accordingly dismissed with costs. Ed. This Case is also Reported in: 52 DLR (2000) 546. ......ined to interfere with the impugned judgment and order. The Court fees paid are correct. The appeal is accordingly dismissed with costs. Ed. This Case is also Reported in: 52 DLR (2000) 546. ......ined to interfere with the impugned judgment and order. The Court fees paid are correct. The appeal is accordingly dismissed with costs. Ed. This Case is also Reported in: 52 DLR (2000) 546. ..Category: Intellectual Property Law | Date: | Hits: 210
Foto Fast Color Lab Vs. Bangladesh & others, 2000, 29 CLC (HCD)
....to the actual amount of VAT already paid should not be declared to have been issued and made without any lawful authority and of no legal effect. 2. The petitioner stated, inter alia, that he is a business man by profession and started the business under the name and style “Foto Fast Color Lab......This Case is also Reported in: 52 DLR (2000) 533.......onsequent right of the parties to proceed in accordance with law. In the result, this Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 533.......onsequent right of the parties to proceed in accordance with law. In the result, this Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 533...Category: Fiscal/Taxation Law | Date: | Hits: 139
Asaduzzaman (Md.) Vs. Md. Salamatullah & others, 1999, 28 CLC (HCD)
....e No.767 of 1997 is accused in CR case No.555 of 1996. Opposite party Md. Salamatullah filed a petition of complaint before the Nalishi Adalat ‘Ka’ Anchal, Satkhira alleging that the accused is a businessman and was known to him from before and he had been taking shrimp fries from complainant on......LJ (SC) page 1806; Syed Ali Mir v Syed Omar Ali as 1990 BLD (AD) 168 (also in 42 DLR AD) 240. Lawyers Involved: Not represented—the Petitioner. SS Halder with Probir Halder, Advocates — For the Opposite Parties. Criminal Miscellaneous Case No.767 of 1997 with 145 of 1997. Judgment......quashed. In the result, both the Rules are made absolute. The proceedings of CR Case No.555 of 1996 and CR Case No.65 of 1996 are quashed. Ed. This Case is also Reported in: 52 DLR (2000) 530.......quashed. In the result, both the Rules are made absolute. The proceedings of CR Case No.555 of 1996 and CR Case No.65 of 1996 are quashed. Ed. This Case is also Reported in: 52 DLR (2000) 530...Category: Criminal Law | Date: | Hits: 46
....he name of appellant is identical with the mark of the objector-respondents which was registered in India originally and then in various countries of the world and with that trade mark they are doing business in razor blades. Their further case is that the registered proprietor had no definite inten...... Reported in: 51 DLR (1999) 237.......6/93 is hereby set aside and the appellant’s mark is restored to its original position.
Send down the lower Court records expeditiously.
Ed.
This Case is also Reported in: 51 DLR (1999) 237.......6/93 is hereby set aside and the appellant’s mark is restored to its original position.
Send down the lower Court records expeditiously.
Ed.
This Case is also Reported in: 51 DLR (1999) 237...
Category: Intellectual Property Law | Date: | Hits: 319
Sayed Nurul Hossain Vs. Secretary, Ministry of Industries, 1998, 27 CLC (HCD)
....yment of the petitioner and accordingly no interference is called for. In the result the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 226.......fazzul Islam J Sayed Nurul Hossain…….. Petitioner Vs. Secretary, Ministry of Industries.……………...Respondents Judgment June 8, 1998. Cases Referred to: Managing Director and Chairman National Bank of Pakistan vs. Ataul Huq, 17 DLR (SC) 74; 13 DLR (HC) 805, 29 DLR (SC......ful authority and is of no legal effect. 2. The case of the petitioner, in brief, is that, respondent No. 2 Bangladesh Standards and Testing Institution herein after referred to as BSTI, is a body corporate having perpetual secession and common seal, being established under the Bangladesh Standar......yment of the petitioner and accordingly no interference is called for. In the result the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 226...Category: Employment/Service Law | Date: | Hits: 117
Motin Gazi alias Motiar Rahman Vs. The State, 2011, 40 CLC (HCD)
.....10.2009 one Hazi Mohammad Ali lodged an FIR with the Sitakunda Thana, Chittagong on 15.10.2009 alleging inter alia that he is the sharer of Bander Carrier Services and he used to engage in transport business and supplied the imported goods to the various parts of the country from Chittagong and on ......titioner Vs. The State………………………………………………………...Opposite party Judgment February 28, 2011. Lawyers Involved: Sk. Md. Jahangir Alam, Advocate-For the petitioner. Bashir Ahmed, Assistant Attorney General-For the Opposite party. Criminal M......y to cancel the bail, if the accused petitioner misuses in any way the privilege of bail. Communicate the order at once. AKM Zahirul Hoque, J.- I agree. Ed. This Case is also Reported in: ......y to cancel the bail, if the accused petitioner misuses in any way the privilege of bail. Communicate the order at once. AKM Zahirul Hoque, J.- I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 51
Shah Abdul Hannan and others Vs. Bangladesh, 2010, 39 CLC (HCD)
.... using the same in social sectors, like education, health, infrastructure etc., which sectors do not have any source of revenue of their own. If, as suggested, BOGMC uses the proceeds from it’s gas business for risky exploration, the government will not be able to espouse any social welfare activi......6 SC 11); Delhi Bar Association Vs. Union of India 13 S.C.C. (628); A. Satyanarayana Vs. S. Puroshotham (2008 SCC 5 416); M.P. Oil Extraction Vs. State of Madhya Pradesh (1997 7 SCC 592); Ugar Sugar Works Ltd. Vs. Delhi Administration and others (2001 3 SCC 635); State of Punjab Vs. Ram L Bagga &......rder as to cost. All interlocutory orders, issued earlier, are hereby vacated. Mohammad Anwarul Haque J.- I agree. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 386. ......rder as to cost. All interlocutory orders, issued earlier, are hereby vacated. Mohammad Anwarul Haque J.- I agree. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 386. ..Category: Constitutional Law | Date: | Hits: 231
Bibi Zarina and others Vs. Government of Bangladesh and others, 1998, 27 CLC (HCD)
....titioners died here in 1982 leaving behind the petitioners as his heirs who have inherited the said house as successor-in-interest and he continuously lived in this country and paid income tax of his business till his death. Thus it appears that the government most illegally and without jurisdiction......ners Vs. Government of Bangladesh and others………………………Respondents Judgment December 10, 1998. Lawyers Involved: Miah Abdul Gafur with Md. Faruque Ahmed, Advocate—For the petitioner. Obaidul Hasan Shaheen, Assistant Attorney-General—For the Respondents. Wr......-91 passed by the 1st Court of Settlement in Case No.719 of 1987 within 3(three) months from the date of receipt of the copy of the judgment. Ed. This Case is also Reported in: 52 DLR (2000) 439.......-91 passed by the 1st Court of Settlement in Case No.719 of 1987 within 3(three) months from the date of receipt of the copy of the judgment. Ed. This Case is also Reported in: 52 DLR (2000) 439...Category: Property Law | Date: | Hits: 90
Manager, Bangladseh Krishi Bank and others Vs. Al-Haj Md. Nurul Islam & another, 1999, 28 CLC (HCD)
.... and consequent loss suffered by the plaintiff is totally without any basis. 18. It further appears from the judgment that the trial Court considered the flood, political unrest etc, hampering the business of the plaintiff but there is no evidence that in the event of flood, political unrest Bank......Syed Matiur Rob being dead his heirs Shainsun Nahar & others on Bangladesh and others, 42 DLR (AD) 12. Lawyers Involved: Dr. Rafiqur Rahman with MA Baqui Ismail and Sirajur Rahman, Advocates—For the Appellant. MA Wahab with AK Shamsuddin, Advocates—For the Respondents. First Appeal N......y set aside and Money Suit No.1 of 1991 of the Court of Subordinate Judge, Munshiganj in dismissed. There shall be no order as to cost. Ed. This Case is also Reported in: 52 DLR (2000) 434. ......y set aside and Money Suit No.1 of 1991 of the Court of Subordinate Judge, Munshiganj in dismissed. There shall be no order as to cost. Ed. This Case is also Reported in: 52 DLR (2000) 434. ..Category: Civil Law | Date: | Hits: 101
State Vs. Moyezuddin Sikder and Others, 2008, 37 CLC (AD)
....law abiding citizens of Bangladesh and come of respectable families of their locality 'who surrendered before the High Court Division on an application for anticipatory bail. The respondent No.1 is a businessman and deals in fuel business having trade licence under the name and style "M/S. Mofiz Fue...... Moyezuddin Sikder and Others…………Respondent Judgment April 23, 2008. Result: The appeal is allowed. The Emergency Power Rules, 2007, Rule 19(gha) The expression Adalat or Tribunal in rule 19(gha) refer to all Courts including the Supreme Court of Bangladesh. Therefore......rected to take steps for disposal of the application in the light of our findings as above. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 82; 28 BLD (AD) (2008) 138; V ADC (2008) 796. ......rected to take steps for disposal of the application in the light of our findings as above. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 82; 28 BLD (AD) (2008) 138; V ADC (2008) 796. ..Category: Criminal Law | Date: | Hits: 100
Hussain Muhammad Ershad Vs. Abdul Muqtadir Chowdhury and another, 2001, 30 CLC (HCD)
.... with observations made above. Let a copy of this judgment be forwarded to the Secretary to the Parliament. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 569, 26 BLD (HCD) (2006) 261.......nand Vs. Rakesh Singha AIR 1995 (HP) 130; Vickers, Sons & Maxim Limited Vs. Evans (1910) Ac 444; Khagendranath Vs. Umesh Chandra Nath, 53 DLR (2 AIR 1958 Assam 183; Pakala Narayana Swamk Vs. Emperor, AIR 1939 (PC) 47; Nur Muhammad & others Vs. Moulvi Mainuddin Ahmed and others 39 DLR (AD) 1;...... with observations made above. Let a copy of this judgment be forwarded to the Secretary to the Parliament. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 569, 26 BLD (HCD) (2006) 261....... different context, the finality of the order under appeal would be clouded or eclipse by virtue of the admission of the appeal. But the legislation relating to disqualification of members of elected bodies such as Parliament and Legislature cannot be imputed with the intention of allowing the legis..Category: Constitutional Law | Date: | Hits: 202
Abdul Mannan Sarker (Md.) Vs. State and others, 2001, 30 CLC (HCD)
....ed Metropolitan Magistrate, Dhaka should not be quashed. 2. According to the FIR lodged by the informant, the accused petitioner took Taka 1,64,000 from the informant as loan for personal need and business purpose in 3 instalments but he did not refund the money consequently and the FIR was lodge......………Petitioner Vs. State and others………..Opposite Parties. Judgment January 25, 2001. Lawyers Involved: Sk A Awal with Md. Aminul Islam and Md. Aminul Islam, Advocates —For the Petitioner. Fazlul Hoque Chowdhury, Assistant Attorney General—For the State. Crimina...... now pending in the Court of learned Metropolitan Magistrate, Dhaka is thus quashed. Communicate the order to the Court concerned. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 565. ...... now pending in the Court of learned Metropolitan Magistrate, Dhaka is thus quashed. Communicate the order to the Court concerned. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 565. ..Category: Criminal Law | Date: | Hits: 43
....al and illegal sources. The Constitution recognises the legal means of procurement of food for survival and does not recognise the illegal means as source of income, for Instance, nefarious trade and business like gambling prostitution, drug and women trafficking and the like. It is to be noted here......HCD) (2001) 540....... further directed that the petitioner should not be evicted without observing the provisions of law. There will be no order as to cost.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 540....... further directed that the petitioner should not be evicted without observing the provisions of law. There will be no order as to cost.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 540...
Category: Property Law | Date: | Hits: 97
Government of Bangladesh Vs. ASM Ferojuddin Bhuiyan, 2000, 29 CLC (HCD)
.... as defendants. Averments made in the plaint were that the plaintiff took rent of the suit property from one Md. Amin from January, 1968 and had been in occupation of the suit property on carrying on business under the name and style Messers General Exporters and had been using the suit property for......tson Vs. Minister of Pensions 1 KB 227 (LR) Kings Bench Division; Central London Property Trust Ltd. Vs. High Trees House Ltd. 1947 QB 30. Lawyers Involved: Bhivash Chandra Biswas, Assistant Attorney-General —For the Petitioners. Md. Nurul Huq with, AKM Shahidul Huq, Tania Siddiqua and Ch......t Judge, Second Court, Dhaka in Title Appeal No.136 of 1997 are maintained. Lower Courts Record be sent as immediate as possible. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 522. ......t Judge, Second Court, Dhaka in Title Appeal No.136 of 1997 are maintained. Lower Courts Record be sent as immediate as possible. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 522. ..Category: Property Law | Date: | Hits: 83
Commissioner of Taxes Vs. Bangladesh Chemical Industries Corporation, 2000, 29 CLC (HCD)
....(3)(iii) of the Act. The learned Advocate further submits that from a perusal of the provisions of President’s Order No.27 of 1972 it is obvious that the corporation is not entitled to carry on any business and the entire capital has been subscribed by the Government and the entire interest belong......32 of 1992, 31 of 1992, 34 of 1992, 35 of 1992. There will be no order as to cost. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 509. ...... the provisions of section 10(2) of the Bangladesh Industrial Enterprises (Nationalisation) Order, 1972 it is clear that a corporation brought into existence by the said President’s Order is a body corporate and, as such, it answers the description of company as incorporated in section 2(5A) of th......pute. According to the Revenue Department, the Corporations brought into existence by virtue of the provisions of Presidents Order No.27 of 1972 though creatures of the statute yet they are not local bodies and they are companies within the meaning of section 2(8A) of the Act. In the reference appli..Category: Fiscal/Taxation Law | Date: | Hits: 86
Sohail Thakur and others Vs. State, 1998, 27 CLC (HCD)
....f Road No.72 of Gulshan Residential Area, ground floor which was let out to the victim Md. Shamsul Alam, elder brother of the informant Nurul Alam and he used the same as his office-cum-godown of his business of contracts. On 16-7-95 learned Subordinate Judge passed an order of maintaining status qu......) 624; 35 DLR 167; 33 DLR 77; 40 DLR 507 and CrLJ 1981 page 229, 11 BLD (AD) 64 (1991), BCR 1987 (AD) 143, CrLJ 1982 page 2109 PLD 1972 (SC) 81. Lawyers Involved: Mahbubur Rahman, Advocate — For the Petitioners. M A Rouf, Assistant Attorney-General — For the State. Criminal Miscella......rar is directed to send copy of this judgment to the Sessions Judges for their future guidance and compliance with the directions made above. Ed. This Case is also Reported in: 51 DLR (1999) 199.......rar is directed to send copy of this judgment to the Sessions Judges for their future guidance and compliance with the directions made above. Ed. This Case is also Reported in: 51 DLR (1999) 199...Category: Criminal Law | Date: | Hits: 33
Birla Tyres & another Vs. Sonali Anash Trading (Pvt) Ltd. and others, 2004, 33 CLC (HCD)
....he plaintiffs distributors for whole of Bangladesh for marketing, etc of Messrs Birla Tyres brand items. The plaintiffs invested huge money for sale and marketing of said tyres. Even after successful business for long time, said defendants stopped issuing proforma invoices and asked the plaintiffs n......iaquat Hossain Chowdhury vs. Mir Ali Hossain and others 1981 BLD 93; Bangladesh Tobacco Company Ltd. and others vs. Ms. M Arfan Khan and Company Ltd. 1983 BCR (AD) 18, Humayun M Vohra vs. ESPN STAR Sports and others, 8 MLR (AD) 74 = 55 DLR (AD) 99, AIR 1978 (SC) 1341; PLD 1970 (SC) 139; Abdul Jalil ...... Orders granting temporary injunction and ad interim mandatory injunction are hereby set aside. Plaintiffs shall bear cost all through. Ed. This Case is also Reported in: 58 DLR (2006) 84. ...... Orders granting temporary injunction and ad interim mandatory injunction are hereby set aside. Plaintiffs shall bear cost all through. Ed. This Case is also Reported in: 58 DLR (2006) 84. ..Category: Civil Law | Date: | Hits: 148
Bengal Bricks Industries Ltd. Vs. Al-haj Md. Ishaque Chowdhury and others, 2004, 33 CLC (HCD)
....ge of the defendant No. 1 but he was not made party in the suit. The ex-parte decree caused him harm. 22. In cross-examination, he said that he was 64 years old. He read up to class six. He had no business. He knew defendant No. 3 Taherul Anwar since 1986. The agreement was direct without mediati......ul Khaleque Choukder and others, 43 DLR (AD) 107 and Haji Md. Eshaque vs Rupali Bank, 43 DLR 621. Lawyers Involved: TH Khan with Sk. Zulfiqur Bulbul Chowdhury and Rezina Chowdhury, Advocates—For the Appellant. Khandker Mahbubuddin Ahmed with Azim Khair and Faisal Mahmud Faijee, Advocates......the appeal is allowed with cost. Impugned judgment and decree are hereby set aside. The suit is dismissed. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 62. ......the appeal is allowed with cost. Impugned judgment and decree are hereby set aside. The suit is dismissed. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 62. ..Category: Property Law | Date: | Hits: 71
Sultan Uddin Ahmed Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
.... B(1) and to pass such other or further order or orders as to this Court may seem fit and proper. 3. The petitioners in all these four writ petitions are commercial importers and they in course of business imported some reconditioned industrial capital machineries and equipment by opening letter ......………………….........Petitioner Vs. Government of Bangladesh and others.................... Respondents. Judgment July 4, 2005. Lawyers Involved: Md. Sadullah, Advocate—For the Petitioners. Syeda Afsar Jahan, Deputy Attorney-General—For the Respondents. Writ Pe......l machineries and to release the same within 7 days from the date of receipt of this judgment. However, there shall be no order as to cost. Ed. This Case is also Reported in: 58 DLR (2006) 31. ......l machineries and to release the same within 7 days from the date of receipt of this judgment. However, there shall be no order as to cost. Ed. This Case is also Reported in: 58 DLR (2006) 31. ..Category: Business or Commercial Law | Date: | Hits: 234
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