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Grameen Telecom Vs. Dr. Rowshan Alam and others, 2010, 39 CLC (AD)

....y to the suit. We, therefore, find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 69, VIII ADC (2011) 43. ..........Petitioner Vs. Dr. Rowshan Alam and others ...............Respondents Judgment October 25, 2010. Result: The petition is dismissed. Lawyers Involved: Md. Fazlul Karim, Senior Advocate (with Rokon Uddin Mahmood, Senior Advocate with Sheikh Muhammed Serajul Islam, Advocate)......y to the suit. We, therefore, find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 69, VIII ADC (2011) 43. ......y to the suit. We, therefore, find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 69, VIII ADC (2011) 43. ..

Category: Procedural Law | Date: | Hits: 115

Ocean Containers Ltd. Vs. Government of Bangla­desh and others, 2002, 31 CLC (HCD)

.... legal effect. 2. The fact, as briefly stated, is that the petitioner company is a private limited company registered under the Companies Act, 1994 with the object to carry on, amongst others, the business of containers depot operations and of containers freighting station. The petitioner company......……………..………….Petitioner Vs. Government of Bangla­desh and others.........Respondents Judgment December 10, 2002. Cases Referred To- Ahmadabad Urban Development Authority Vs. Sharad Kumar Jayanti Kumar Paswala, AIR 1992 SC 2038; Me Eldowney Vs. Fords, (1969) 3 WLR ......or Inland Containers Depot (ICD) established in the Chittagong Port area providing off‑dock facilities to the container owners and other incidental facilities. A new section being section 46A was incorporated in the Income Tax Ordinance, 1984 by the Finance Act, 1995 providing exemption from tax t......id SRO are illegal and without jurisdiction. In the result, the Rule is made absolute for the above reasons without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 250...

Category: Fiscal/Taxation Law | Date: | Hits: 86

Patwary Rafiquddin Haider Vs. State and another, 2002, 31 CLC (HCD)

....trar. Shailakupa Union Police Station, Banskhali, Chittagong on 27‑3-­2001. (b) Petitioner and informant started living together as husband and wife. Petitioner went to Dhaka for purpose of his business and when he came back from Dhaka to Chittagong he asked his wife informant to go to her fat......fiquddin Haider……............Accused-Petitioner Vs. State and another ……….................Opposite Parties Judgment May 8, 2002. Cases Referred To- Nagendra Vs. King Emperor, AIR 1924 Cal 476; G Narasimhulu Vs. Public Prosecutor, 1978 Cri LJ 502 = AIR 1978 (SC)429; State......udgment. The question posed is answered accordingly. The Rule arising out of a petition for Anticipatory Bail, thus stands disposed of. Ed. This Case is also Reported in: 55 DLR (2003) 241.......udgment. The question posed is answered accordingly. The Rule arising out of a petition for Anticipatory Bail, thus stands disposed of. Ed. This Case is also Reported in: 55 DLR (2003) 241...

Category: Criminal Law | Date: | Hits: 79

Russel Vegetable Oil Ltd. Vs. Collector of Customs and others, 2000, 29 CLC (HCD)

....egistered office at 195 Motijheel Commercial Area, Dhaka. The petitioner set up an Oil Refinery Industry under 100% Foreign Investment with the approval of the Board of Investment. 3. In course of business the petitioner company obtained an Indent on 22-8-94 (Annexure B) from Gardener Smith (Sout......Court High Court Division (Special Original Jurisdiction) Present: Kazi AT Manowaruddin J Md. Arayesuddin J Russel Vegetable Oil Ltd……………….Petitioner Vs. Collector of Customs and others………Respondents Judgment January 27, 2000. Result: Both ......ved are same and these shall be disposed of by this common Judgment. 2. Facts stated in Writ Petition No. 2293 of 1994 in short, are that the petitioner Russel Vegetable Oil Limited is a company incorporated under the Companies Act, 1913, having its registered office at 195 Motijheel Commercial A...... two months. There shall be no order as to costs. Let a copy of this order be sent to the Commissioner of Customs, Chittagong. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 382. ..

Category: Fiscal/Taxation Law | Date: | Hits: 79

Islamic Foundation Bangladesh Vs. Firoz Alam and others, 1997, 26 CLC (HCD)

....id shop from the appellants alleging, inter alia, that her maternal uncle late Mohammad Ismail too a lease of the said shop from the Baitul Mokarram Managing Committee in the year 1960 and carried on business of selling guns there under the business name Calcutta Gun Repairing Works. Subsequently, t...... Vs Firoz Alam and others………Opposite Parties Judgment May 20, 1997. Cases Referred To- 32 DLR (AD) 170 and 44 DLR (AD) 1. Lawyers Involved: Md. Rawshan Ali, Advocate — For the Appellant. Mustafa Niaz Mohammad, Advocate — For Respondent Nos. 1-6. Sharifuddin Cha......1-11-1995 passed by this Court staying the operation of the impugned judgment and decree passed by the trial Court is hereby vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 141. ......1-11-1995 passed by this Court staying the operation of the impugned judgment and decree passed by the trial Court is hereby vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 141. ..

Category: Property Law | Date: | Hits: 116

Nasim Anwar Hossain Vs. Bangladesh Bank and others, 2010, 39 CLC (HCD)

....a defaulting borrower company against borrower code No. 56421. 2. The petitioner’s case in short is that she is a share holder to the extent of 15% in the said Ben-Lub Pte Ltd. In course of its business, the said company took loan from two banks namely Dhaka Bank Ltd. and Bank Asia Ltd. The pe...... Md. Ruhul Quddus J Nasim Anwar Hossain…………..... Petitioner Vs. Bangladesh Bank and others…………..... Respondents Judgment December 7, 2010. Cases Referred to- Major Monjur Quader (Rtd) Vs. Bangladesh Bank and others, 59 DLR, 451; Mahmudur Rahman and another Vs. ......dent from annexe-B to the writ petition) is hereby declared to have been done without lawful authority and is of no legal effect. Nazmun Ara Sultana, J.- I agree. This Case is also Reported in: ......dent from annexe-B to the writ petition) is hereby declared to have been done without lawful authority and is of no legal effect. Nazmun Ara Sultana, J.- I agree. This Case is also Reported in: ..

Category: Civil Law | Date: | Hits: 167

Islami Bank Bangladesh Ltd. Vs. District Anti-Corruption Officer and another, 2001, 30 CLC (HCD)

...., 1913, having its registered office at 71 Dilkusha Commercial Area, Dhaka and having one of its branches at Chapai Nababganj, Nababganj. The petitioner being a banking Company is involved in banking business with high reputation and goodwill, including maintaining banking norms, secrecy and confide......riginal Jurisdiction) Present: MM Ruhul Amin J Md. Munsurul Hoque Chowdhury J Islami Bank Bangladesh Ltd…………………………………..….Petitioner Vs. District Anti-Corruption Officer and another…………….Respondents Judgment July 5, 2001. Lawyers Inv......ination and seizure of documents from the petitioner bank should not be declared to have been passed without lawful authority and to be of no legal effect. 2. The petitioner is a banking company incorporated in Bangladesh under the Companies Act, 1913, having its registered office at 71 Dilkusha ......s are made without any lawful authority and are of no legal effect. In the result the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 233...

Category: Anti-Corruption Laws | Date: | Hits: 153

QC Shipping Limited and another Vs. Chittagong Port Authority and others, 1998, 27 CLC (HCD)

....he petitioner. 2. The Rule arises out of the following facts. The petitioner No. 1 QC Shipping Limited, a limited company, is the sole agent of QC Containers Lines Ltd. The petitioner 1 carries on business of carrying goods by sea and as clearing/removing the containers from the vessels owned by ...... Court Division (Special Original Jurisdiction) Present: AM Mahmudur Rahman J Md. Mozammel Hossain J QC Shipping Limited and another………………Petitioners Vs. Chittagong Port Authority and others……………………….... Respondents Judgment August 6, 1998.......esult, I make this Rule absolute without any order as to costs. The order of stay is consequently disposed of as being infructuous. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 64. ......esult, I make this Rule absolute without any order as to costs. The order of stay is consequently disposed of as being infructuous. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 64. ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 583

Sharif and Brothers Vs. Commissioner of Customs and Others, 2000, 29 CLC (HCD)

....7 should not be declared to have been made without lawful authority and of no legal effect. 2. The petitioner is the proprietor of Shariff and Brothers, a registered importer and is engaged in the business, inter alia, of import of Sodium Saccharin. The petitioner opened a letter of credit No.AIB...... Judgment February 13, 2000. Cases Referred To- Indian jurisdiction viz. AIR 1968 (SC) 1186; AIR 1962 (SC) 1621 15; AIR 1980 (SC) 1986. Lawyers Involved: AFM Hassan Arif, Advocate—For the Petitioner. Not represented — the Respondents. Writ Petition No. 86 of 1998. Judg......ion. In the above view, this Rule is discharged. We do not award any cost having regard to the facts and circumstances of the case. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 362. ......ion. In the above view, this Rule is discharged. We do not award any cost having regard to the facts and circumstances of the case. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 362. ..

Category: Fiscal/Taxation Law | Date: | Hits: 93

KM Obaidur Rahman and others Vs. State, through the Deputy Commissioner Dhaka, 1998, 27 CLC (HCD)

....to collect any material or evidence to establish involvement of the petitioner with the Jail killing. He submits that the President could call any Minister or Ministers of State at any time for state business and more closeness to the President. Without any tangible evidence, does not prove that the......eferred To- Khalid Saigol vs. State, 14 DLR (SC) 321. Lawyers Involved: Khandaker Mahbubuddin Ahmed, Habibul Islam Bhuiyan, Khondaker Mahboob Hossain and Humayun Kabir Bulbul, Advocates — For the Petitioners. Mahmudul Islam, Attorney-General, Md. Faruq, Deputy Attorney-General — For ......y observations made by us for disposal of this ball matter will have no bearing on the disposal of the case on merit by the trial Court. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 51.......y observations made by us for disposal of this ball matter will have no bearing on the disposal of the case on merit by the trial Court. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 51...

Category: Criminal Law | Date: | Hits: 46

Syed Ahmed Vs. Abdul Khaleque and others, 1998, 27 CLC (HCD)

.... Khaleque disclosed that his father-in-law, Ali Ashraf, Azad and Kashem killed her husband. This witness further gave testimony that the father-in-law of accused Khaleque and her husband had a Bakery business and over money transaction enmity cropped up between accused Jharu Mia and her husband and ......vs. State of Bihar (1973) 2 SCC 424; Syed Mushtaq Ahmed vs. Siddiqullah and others, PLD 1975 SC 160; Kashem Ali vs. State and others, 40 DLR (AD) 294 and Abdur Rashid Khondker vs. Chandu Master & ors, 16 DLR (SC) 605. Lawyers Involved: Syed Mahmud Hossain, Advocate — For the Petitioner. ......, influenced by any observation made by us and he will unhesitatingly reach his own conclusion on the evidences and materials on record. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 43......., influenced by any observation made by us and he will unhesitatingly reach his own conclusion on the evidences and materials on record. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 43...

Category: Criminal Law | Date: | Hits: 42

Harun and others Vs. State, 1998, 27 CLC (HCD)

....king the stand that the bail granted to him having not at all been misused, the cancellation of bail is absolutely illegal. 3. Facts leading to the four criminal matters are that, one Ratan Mia, a businessman dealing with rice, fruits and cement and also the Ijaradar of Badamtali Ghat, Dhaka was ......ers……….………Petitioners Vs. State ……Respondent Judgment March 9, 1998. Lawyers Involved: MA Wahab, ANM Gaziul Huq, Md. Delwar Hossain and M A Wahab Miah, Advocates - For the Petitioners. MA Rouf, Assistant Attorney-General with Moharnmad Mushfiqur Rahrnan Khan Ass......direction made above within 15 days from the date of receipt of the copy of the order. Communicate the order to the Court below at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 33.......direction made above within 15 days from the date of receipt of the copy of the order. Communicate the order to the Court below at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 33...

Category: Criminal Law | Date: | Hits: 65

Crown Beverage Ltd. and another Vs. Board of Investment and Others, 2004, 33 CLC (HCD)

....tition shall not be declared to be without authority and of no legal effect. 2. The case of the petitioners, in short, is that, (a) the petitioner No. 1 is a private limited company carrying on business, inter alia, of manufacturing and marketing of beverage products and established a most mod......ioners Vs. Board of Investment and Others........................Respondents Judgment April 6, 2004. Cases Referred to- Chairman, Board of Intermediate and Secondary Education, Jessore and others vs. Md. Amir Hossain and another, 56 DLR (AD) 24, M A Hai vs. Trading Corporation of ...... stop and ensure stoppage of sale of those two drinks within the country with immediate effect. There will be no order as to costs. Ed. This Case is also Reported in: 9 BLC (2004) 601. ...... stop and ensure stoppage of sale of those two drinks within the country with immediate effect. There will be no order as to costs. Ed. This Case is also Reported in: 9 BLC (2004) 601. ..

Category: Others | Date: | Hits: 182

Kazi Obaidul Haque Vs. State, represented by Deputy Commissioner, 1998, 27 CLC (HCD)

....e Station Case No. 2 dated 18-11-91 is hereby quashed and the Rule is made absolute. The petitioner is discharged from his bail bond. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 25.......ul Haque….………..Petitioner Vs. State, represented by Deputy Commissioner……………….Opposite Party Judgment July 8, 1998. Lawyers Involved: Sultan Ahmed, Advocate — For the Petitioner. Criminal Revision No. 1396 of 1992. Judgment ABM Khairul Haque J. - Thi......lic servant as defined in section 21 of the Penal Code and includes a Chairman, Director, Trustee Member, Commissioner, officer or other employee of any local authority, statutory corporation or body corporate or of any other body or organisation constituted or established under any law”. These......e Station Case No. 2 dated 18-11-91 is hereby quashed and the Rule is made absolute. The petitioner is discharged from his bail bond. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 25...

Category: Criminal Law | Date: | Hits: 50

Friends Corporation Vs. Commissioner of Customs and others, 1998, 27 CLC (HCD)

....ration value pursuant to import particular registration scheme on the ground that imposition and levy of duty upon such basis is without any lawful authority. 2. The petitioner, a firm, carries on business of import of Caustic Soda. It opened Letter of Credit on 21-1-1998 for importing 350 MT of ......s Case is also Reported in: 51 DLR (HCD) (1999) 23. ......For the aforesaid reason, the Rule is liable to be discharged. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 23. ......For the aforesaid reason, the Rule is liable to be discharged. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 23. ..

Category: Fiscal/Taxation Law | Date: | Hits: 84

SDS Dairy Limited Vs. Bangladesh and others, 2011, 40 CLC (HCD)

....tment from the sale proceeds, if it would be allowed to sell schedule-A property through private negotiation and enhance the sale proceeds. The petitioner further stated that due to incurring loss in business, it was not in a position to pay the decretal amount with interest thereon in cash. 4. T......……………….... Petitioner Vs. Bangladesh and others ……………….... Respondents Judgment January 6, 2011. Result: The Rule is made absolute. The Code of Civil Porcedure, 1908 (V of 1908); Order XXI rule 83 The Artha Rin Adalat Ain, 2003 ( VIII of 2003); Cha......e with law. The office is directed to communicate the judgment at once to the concerned executing Court. Nazmun Ara Sultana J.- I agree. This Case is also Reported in:20 BLT (HCD) (2012) 15. ......e with law. The office is directed to communicate the judgment at once to the concerned executing Court. Nazmun Ara Sultana J.- I agree. This Case is also Reported in:20 BLT (HCD) (2012) 15. ..

Category: Procedural Law | Date: | Hits: 95

Md. Riaz Uddin Khan, Advocate and another Vs. Mahmudur Rahman and others, 2010, 39 CLC (AD)

....h was the ex parte statement of one side. The publication of a newspaper article calling upon authorities to take action against particular person who, according to the newspaper, was "engaged in the business of purveying vice and managing street women" amounted to contempt, because on the day the a...... Judgment August 19, 2010. Cases Referred to- Sparks V. Martyn (1669), 1 Vent.1. R.V. Lefroy, (1873) L.R.8 QB 134, Re. Abdool, 8 WR Cr 31, Sukhdev Singh V. Teja Singh, AIR 1954 SC 186, Emperor V. B.G. Horniman, AIR 1945 All 1 p. 4 (M), Andre Paul and Terence Ambard V. The Attorney General ...... petition is allowed in part. The short order quoted above forms part of this judgment. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 29, 19 BLT (AD) (2011) 54, 16 MLR (AD) (2011) 161. ......hra V. Registrar of Orissa High Court, (1974) 1 SCC 374.] in which case, Court found that the terminology 'criminal contempt' used in the definition is borrowed from the English law of contempt and embodies certain concepts which are familiar to that law which, by and large, was applied in India. Th..

Category: Criminal Law | Date: | Hits: 163

Serajul Hoque Vs. Commissioner of Taxes, Intelligence and Investigation Zone Dhaka, 1999, 28 CLC (HCD)

....r 1986-87 under section 83(2) of the Ordinance on a total income of Taka 3,63,339 on 29-6-89 and tax including interest payable amounted to Taka 1,31,669.00. The DCT computed income from remuneration business and agriculture at Taka 83,339.00 and further added a sum of Taka 2, 80,000.00 to the total......Applicant Vs. Commissioner of Taxes, Intelligence and Investigation Zone Dhaka …………Respondent Judgment August 18, 1999. Lawyers Involved: Khondker Fazlul Quadir, Advocate—For the Applicant. Not represented— the Respondent. Income Tax Reference Application No. 69 o......ion raised in this reference is answered in the negative and in favour of the assessee applicant. There will be no order as to cost. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 338.......ion raised in this reference is answered in the negative and in favour of the assessee applicant. There will be no order as to cost. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 338...

Category: Fiscal/Taxation Law | Date: | Hits: 81

Eman Ali Mallik Vs. State, 2000, 29 CLC (HCD)

.... case within six months from the date of receipt of the case records from this Court. Send down the lower Court records immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 335....... Gopal Saha J Eman Ali Mallik……………..Appellant Vs. State ………………………..Respondent Judgment January 25, 2000. Lawyers Involved: Serajul Islam, Advocate—For the Appellants. (In both the appeals) FKM Ahsan Mahbub, Assistant Attorney- General—For the ......c servant as defined in section 21 of the Penal Code, and includes a Chairman, Director, Trustee, Member, Commissioner, officer or other employee of any local authority, statutory corporation or body corporate or of any other body or organisation constituted or established under any law. 11. In v...... case within six months from the date of receipt of the case records from this Court. Send down the lower Court records immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 335...

Category: Criminal Law | Date: | Hits: 43

Shawn Apparels Ltd. Vs. Commissioner of Customs and others, 1998, 27 CLC (HCD)

....not be directed to release the goods in favour of the petitioner for In-Bond Ware Housing. 2. The petitioner is a private limited Company incorporated under the Companies Act and is engaged in the business of making of Ready-made Garments for export and its factory and registered office is at 106......nts Judgment December 8, 1998. Cases Referred To- AIR 1937 (PC) 114; 1966 PLD (SC) 724. Lawyers Involved: Syed Istiaque Ahmed with Shafique Ahmed and Kazi Kamrul Alam, Advocates—For the Petitioner. Mahmudul Islam, Attorney-General with Obaidul Hasan Shahen Assistant Attorney ......and is of no legal effect and why the respondents should not be directed to release the goods in favour of the petitioner for In-Bond Ware Housing. 2. The petitioner is a private limited Company incorporated under the Companies Act and is engaged in the business of making of Ready-made Garments f......ecretary of Finance (IRD), 2) Secretary, Ministry of Commerce, 3) Chairman, the National Board of Revenue for necessary action. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 316. ..

Category: Fiscal/Taxation Law | Date: | Hits: 83