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....dge at Chittagong dated 13‑8‑2000 passed in Other Suit No. 23 of 1999, which rejected an application for amendment of the plaint.
2. The plaintiff and defendant Nos. 2 and 3 are engaged in the business of handling agency for foreign ship owners. On 31‑1‑99 the plaintiff instituted the sui..............Opposite Parties
Judgment
July 21, 2002.
Cases Referred To-
Malik & Huq and another Vs. Muhammad Shamsul Islam Chowdhury, 13 DLR (SC) 228; Gopal Das Vs. Mul Raj, AIR 1937 Lahore 389; Krishna Aiyar Vs. Pachiappa Chetty and others, AIR 1924 Madras 883; Surat Sarder Vs. Afzal ......2000 is hereby recalled and vacated. Learned Subordinate Judge is directed to proceed with the suit in accordance with law.
Communicate.
Ed.
This Case is also Reported in: 55 DLR (2003) 166.
......2000 is hereby recalled and vacated. Learned Subordinate Judge is directed to proceed with the suit in accordance with law.
Communicate.
Ed.
This Case is also Reported in: 55 DLR (2003) 166.
..
Category: Procedural Law | Date: | Hits: 60
Auto Equipment Ltd. Vs. Commissioner of Taxes, 2001, 30 CLC (HCD)
....on Bench 2, Dhaka. This reference is relating to assessment year 1993-94. 2. The facts, in brief, are that the assessee-applicant is a company incorporated under Companies Act, 1913 and engaged in business selling insecticide and tubewell parts. The assessee filed income tax return for the years ......l Huq J Auto Equipment Ltd………..Applicant Vs. Commissioner of Taxes……….Respondent Judgment July 2, 2001. Cases Referred To- Commissioner of Income Tax vs. Friends Corporation, Dhaka 1978 BTD 140; Commissioner of Income Tax vs. Messrs. Ata Hossain Khan Ltd. 1977 BT......-7-1999 made by the Taxes Appellate Tribunal, Division Bench 2, Dhaka. This reference is relating to assessment year 1993-94. 2. The facts, in brief, are that the assessee-applicant is a company incorporated under Companies Act, 1913 and engaged in business selling insecticide and tubewell parts....... and adopted GP rate at 23%. 9 Therefore the question is answered in the negative and in favour of the assessee. No order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 496...Category: Fiscal/Taxation Law | Date: | Hits: 69
Nur Ahmed Vs. Moktar Ahmed & others, 1988, 17 CLC (HCD)
....sion with the process server suppressed the summons of the aforesaid pre-emption case and upon such suppression obtained the ex parte order on 10.4.1982. The petitioner further stated that he was a business man and used to stay away from his house at Ramu Bazar from dawn to dusk and as such the su............................Petitioner Vs. Moktar Ahmed & others....................Opposite Parties Judgment November 6, 1988. Lawyers Involved: Abdul Momen Chowdhury, Advocate — For the Petitioner. Amirul Kabir Chowdhury, Advocate—For the Opposite Parties. Civil Revision...... pay a sum of Tk. 250/- to the pre-emptor-opposite party by way of costs. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 84....... pay a sum of Tk. 250/- to the pre-emptor-opposite party by way of costs. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 84...Category: Property Law | Date: | Hits: 29
Warish Miah Vs. People's Republic of Bangladesh, 1988, 17 CLC (HCD)
....er it is drastic or that hardship may likely to cause to any party the court must give that meaning alone: for the Court has to interpret the law in its ordinary sense and meaning and it is never the business of the Court to make law and substitute itself in place of the law makers. The function of .............................................Respondents Judgment December 8, 1988. Lawyers Involved: Dr. Kamal Hossain, with Amirul Islam, J.N. Deb, B.K. Das and Kazi Shahabuddin, Advocates—For the Petitioner. S.R. Paul with S.K. Sinha and Mohammad Hossain, Advocates — For the Respo......es of the present case. In the result, the Rule is discharged without costs. The order of slay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 41 DLR (1989) 51......es of the present case. In the result, the Rule is discharged without costs. The order of slay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 41 DLR (1989) 51..Category: Election Law | Date: | Hits: 104
Md. Jahangir Alam Vs. Government of Bangladesh and others, 2010, 39 CLC (AD)
....ate, appearing on behalf of the petitioner assails the judgment discharging the Rule as being infructuas and submits that the High Court Division failed to appreciate the nature of the petitioner's business and that he set-up the pharmacy within the complex and built a substantial stock of life-sa....... Jahangir Alam…………………...Petitioners Vs. Government of Bangladesh and others……........Respondents Judgment January 10, 2010. Lawyers Involved: M. Amirul Islam, Senior Advocate, instructed by Taufique Hossain, Advocate-on-Record- For the Petitioner. Md. Murad Re......e infructuas since the period of work-order expired by efflux of time on 22.06.2009. In that view of the matter, this petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 649.......e infructuas since the period of work-order expired by efflux of time on 22.06.2009. In that view of the matter, this petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 649...Category: Civil Law | Date: | Hits: 76
Pubali Bank Ltd. Vs. Md. Mamunur Rahman and Another, 2001, 30 CLC (HCD)
....tood at Taka 16,45,750, that he did not fulfill the terms and conditions mentioned in the sanction letter or that in collusion with the earlier manager he illegally kept wheat pledged, that he has no business of wheat and he did not deposit wheat in the godown and that the manager Azizur Rahman did ......espondents Judgment December 9, 2001. Case Referred To- Sultana Jute Mills Ltd vs. Agrani Bank 1994 BID (AD) 196=46 DLR (AD) 174. Lawyers Involved: Mohammad Hossain, Advocate—For the Appellant. Habibul Islam Bhuiyan, Senior Advocate with Aminul Islam, Advocate—For the Re......without any order as to cost. The counter-claim of the defendant No.1 is dismissed as not maintainable. Send down the records forthwith. Ed This Case is also Reported in: 54 DLR (2002) 458.......without any order as to cost. The counter-claim of the defendant No.1 is dismissed as not maintainable. Send down the records forthwith. Ed This Case is also Reported in: 54 DLR (2002) 458...Category: Civil Law | Date: | Hits: 79
Moniruzzaman (Md.) Vs. ANM Didar-e-Alam and others, 2002, 31 CLC (HCD)
.... petitioner alleging, inter alia, that the accused himself and in the name of his firm, Al Aksha Aviation Service Ltd. used to purchase different tickets of different airlines as a part of his travel business and he has defaulted in paying Taka 4,14,130 on different dates which was due to the compla...... Ali Akkas vs. State 1997 BLD (AD) 44 = 2 BLC (AD) 16; Nurul Islam vs. State and another 49 DLR 464; Salauddin (Md.) vs. State 51 DLR 299. Lawyers Involved: Mohammad Ali Zinnah, Advocate—For the Appellant. Md. Khurshid Alam Khan, Advocate—For Opposite Party No. 1. ABM Waliur Rahm...... time of issuance of the Rule staying further proceeding of the case is recalled. Send down a copy of the order to the court below immediately. Ed This Case is also Reported in: 54 DLR (2002)445....... time of issuance of the Rule staying further proceeding of the case is recalled. Send down a copy of the order to the court below immediately. Ed This Case is also Reported in: 54 DLR (2002)445...Category: Criminal Law | Date: | Hits: 29
....before the Respondent No.1, which was heard and disposed of by the Judgment and order dated 28-6-95 dismissing the appeal observing, amongst others, that the respondent No.4 do not carry any trade or business in the form of manufacture, calling, service, employment and occupation to attract the ingr......1975 (SC) 2023; AIR 1970 (SC) 1407; AIR 1973 (SC) 2032; AIR 1975 (SC) 2023; AIR 196O (SC) 610; AIR 1970 (SC) 1047.
Lawyers Involved:
Mohammad Ozair Farooq with Shakhawat Hossain, Advocates — For the Petitioner.
SM Zillul Huq with Abdul Mannan Bhuiyan with Abdul Mannan Khan and Mahmudul Ha......n” in terms of the aforesaid Labour Laws.
11. The word “employer” as defined in section 2(viii) of the Ordinance in relation to an establishment means any person or body or persons whether incorporate or not who or which employment worker in the establishment is a contract of employment.
...... and orders and cancellation of the registration of the petitioner union.
Accordingly the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 54 DLR (2002)430...
Category: Labour and Industrial Law | Date: | Hits: 158
Sarwar Garments Ltd. Vs. Chairman, National Board of Revenue and others, 2001, 30 CLC (HCD)
.... its bonded warehouse being licence No. 478/Cus-SBW/85 dated 8-9-1985 and since then the licence has been renewed from year to year and it has been renewed lastly on 29-3-2001. In connection with the business the petitioner Company opened letters of credit from time to time for importation of raw ma...... (Special Original Jurisdiction) Present: Syed Amirul Islam J AKM Shafiuddin J Sarwar Garments Ltd…………………….Petitioner Vs. Chairman, National Board of Revenue and ors………………. Respondents Judgment August 13 and 14, 2001. Lawyers Involved: M ......acts are involved in these two Writ Petitions, They are heard together and are being disposed of by this Judgment. 2. In both the Writ Petitions the petitioner is Sarwar Garments Ltd., a company incorporated under the Companies Act. In Writ Petition No. 2718 of 2001 the petitioner has impugned an......ose of the inquiry initiated by her under section 13(2) (b) of the Customs Act expeditiously and as early as possible in accordance with law. Ed. This Case is also Reported in: 54 DLR (2002) 420...Category: Fiscal/Taxation Law | Date: | Hits: 63
Abul Member and Abul Hussain Vs. Secretary, Ministry of Home Affairs and others, 2002, 31 CLC (HCD)
....ccomplices of a notorious terrorist group called ‘Nadim Group’ who created a reign of terror in Kamrangirchar Police Station and other places of Dhaka City making the life of the people including businessmen insecure and public security is being endangered by his (detenu) illegal acts which is a......te Party Judgment June 17, 2002. Case Referred To- Habiba Mahmud vs. Bangladesh & others 45 DLR (AD) 89. Lawyers Involved: Md. Ozair Farooq with Monowar Hassain, Advocates—For the Petitioner. ABM Waliur Rahman Khan, Assistant Attorney- General—For the State. Crimi......tention order of the detenu is illegal and, as such, the Rule is liable to be discharged. Accordingly, the Rule is liable to be discharged. Ed. This Case is also Reported in: 54 DLR (2002)392.......tention order of the detenu is illegal and, as such, the Rule is liable to be discharged. Accordingly, the Rule is liable to be discharged. Ed. This Case is also Reported in: 54 DLR (2002)392...Category: Criminal Law | Date: | Hits: 22
Zahid Hossain @ Paltu and others Vs. State, 2002, 31 CLC (HCD)
.... appellants are acquitted of the charge levelled against, them and they be set at liberty forthwith, if not wanted in any other connection. Ed. This Case is also Reported in: 55 DLR (2003) 160. ......……………….……………….Respondent Judgment July 17, 2002. Case Referred To- Osman Gani and others Vs. State, 54 DLR (AD) 34. Lawyers Involved: Not represented ‑ For the Appellants. Md. Iqbal Kabir and Md. Alamgir Kabir, Assistant Attorneys-General‑ For the ...... appellants are acquitted of the charge levelled against, them and they be set at liberty forthwith, if not wanted in any other connection. Ed. This Case is also Reported in: 55 DLR (2003) 160. ......is name on the gunny-bag and he identified the paddy. On asking he came to know that they purchased the paddy. Thereafter he lodged the first information report with Kotwali PS. Subsequently the dead bodies of Sattar, his son Mofazzal and Hakim Munshi were found in the river with hands tied up and t..Category: Criminal Law | Date: | Hits: 35
Uttara Bank Ltd. Vs. Ali and Co. and another, 2000, 29 CLC (HCD)
....lant-bank is that the defendant-respondent No. 1 is a firm of which defendant-respondent No. 2 is its proprietor. The defendants had a current account with the plaintiff-bank and during the course of business the defendants applied for a loan of Taka 2 lac. The plaintiff-bank bad sanctioned overdraf......udgment August 21, 2000. Case Referred To- Sultana Jute Mills Limited and others Vs. Agrani Bank Limited and others, 46 DLR (AD) 174. Lawyers Involved: Moniruzzaman Khan, Advocate‑ For the Appellant. Syed Dastagir Hussain, Advocate‑ For Respondent Nos. 1 and 2. Appeal from ......t and hear both the aforesaid suits analogously as early as possible, preferably within 6(six) months from date of receipt of the LC Records. Ed. This Case is also Reported in: 55 DLR (2003) 156.......t and hear both the aforesaid suits analogously as early as possible, preferably within 6(six) months from date of receipt of the LC Records. Ed. This Case is also Reported in: 55 DLR (2003) 156...Category: Civil Law | Date: | Hits: 101
Janata Insurance Company Ltd. Vs. M/s. Islam Steel Mills Limited and another, 2010, 39 CLC (AD)
....plaintiffs and therefore, they come within the category of 'policy holders'. Section 46 of the Act of 1938 states that the holder of a policy of insurance issued by an insurer in respect of insurance business transacted in Bangladesh after the commencement of the Act shall have the right notwithstan......r...................Respondents (In Civil Appeal Nos. 64 & 65 of 2002). Judgment May 11, 2010. Case Referred To- Evans Vs. Hooper, 1 QBD 45. Lawyers Involved: Mahbubey Alam, Senior Advocate, instructed by Md. Taufique Hossain, Advocate-on-Record-For the Appellant (In all the ca......ut any order as to costs. This judgment would govern ail the appeals. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 478, 7 LG (AD) (2010) 208, 63 DLR (AD) (2011) 5, VIII ADC (2011) 932. ......ut any order as to costs. This judgment would govern ail the appeals. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 478, 7 LG (AD) (2010) 208, 63 DLR (AD) (2011) 5, VIII ADC (2011) 932. ..Category: Business or Commercial Law | Date: | Hits: 212
Ekushey Television Ltd. and another Vs. Bangladesh and others, 2003, 32 CLC (HCD)
....on of the respondents is violative of Articles 39 and 40 of the Constitution as it restricted the freedom of press, thought and conscience and also restricted the petitioner from carrying on a lawful business. The same are also discriminatory because there are many satellite channels functioning in ......0, 2003. Cases Referred To- Suresh vs. Vasanta and others, AIR 1972 0f 1680. Lawyers Involved: Dr. Kamal Hossain with Abdul Matin Khasru, Tanjib-ul-Alam and Md. Mozammel Haque, Advocates-For the Petitioner (In Writ Petition Nos. 3488 and 4196 of 2003) A Hasib with Kamal Ziaul Islam, A....../or such other or further order or orders passed as to this court may seem fit and proper. 3. In this petition it has been stated, inter alia, that Ekushey Television Ltd. shortly, ETV Ltd., was incorporated on 1‑7‑1998 under the Companies Act, 1994, and is a private limited company limited b...... the petitioner company on 30-12‑2002 in accordance with section 115 of the Companies Act, 1994. In the said meeting Mr. Abdus Salam was also authorised to negotiate with the Government and other bodies to obtain approval from the competent authority to commence broadcasting which was stopped on..Category: Information Technology Law | Date: | Hits: 230
Akhteruzzaman Chowdhury Vs. Hamidul Huq, MD, UCBL and another, 2003, 32 CLC (HCD)
....er opposite parties by filing an affidavit of explanation contended, inter alia, that the bank is run and managed by a Board of Directors. According to Article 131 of the Articles of Association, its business is managed by the Directors who exercised al I such powers and do al I such acts as authori......month from date, in default, each of them to suffer simple imprisonment for 15 (fifteen) days. Ed. This Case is also Reported in: 56 DLR (2004) 73.......ne amounting to Taka 2000 to be paid within one month from date, in default, each of them to suffer simple imprisonment for 15 (fifteen) days. Ed. This Case is also Reported in: 56 DLR (2004) 73.......ne amounting to Taka 2000 to be paid within one month from date, in default, each of them to suffer simple imprisonment for 15 (fifteen) days. Ed. This Case is also Reported in: 56 DLR (2004) 73...Category: Banking Law | Date: | Hits: 158
Noor Mohammad Vs. Md. Noor Hossain & another, 2002, 31 CLC (HCD)
....ff and that the plaintiff has no title and possession in the suit premises. According to defendant No. 1, the suit land belonged to Dhaka City Corporation and the defendant No. 1 has been carrying on business in the suit premises with the permission of Dhaka City Corporation. 4. Subsequently, the...... Send down the LCR at once. Ed. This Case is also Reported in: 56 DLR (2004) 53. ...... Title Suit No. 238 of 2000 now pending in the Court of the 4th Additional Assistant Judge, Dhaka is vacated. Send down the LCR at once. Ed. This Case is also Reported in: 56 DLR (2004) 53. ...... Title Suit No. 238 of 2000 now pending in the Court of the 4th Additional Assistant Judge, Dhaka is vacated. Send down the LCR at once. Ed. This Case is also Reported in: 56 DLR (2004) 53. ..Category: Tenancy Law | Date: | Hits: 171
Uttara Bank Limited Vs. Syed Abidur Reza and others, 2009, 38 CLC (AD)
....in the aforesaid decision and no further discussion is called for and accordingly the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 470.......sion Judgment here. Supreme Court Appellate Division (Civil) Present: MM Ruhul Amin CJ Md. Abdul Matin J Md. Abdul Aziz J Uttara Bank Limited represented by its Managing Director, 94, Motijheel C/A, Dhaka-1000.............................Appellant Vs. Syed Abidur Reza a......in the aforesaid decision and no further discussion is called for and accordingly the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 470.......e of BSI Corporation Vs. Mahbub Hossain reported in 29 DLR (SC) 41 is still shining the path as the polestar to the adjudication of the issues regarding terms and conditions of employees of statutory bodies is misconceived and not applicable in the present case as it does not contemplate an action f..Category: Employment/Service Law | Date: | Hits: 95
Ali Hossain (Md) and Other Vs. State, 2000, 29 CLC (HCD)
.... as practicable and must ensure are that it does not go by lapse, inaction or inertia. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 282. ...... Vs. State ……………………………………………………..Respondent Judgment February 7, 2000. Lawyers Involved: Md. Abdul Mannan Khan and Kanailal Saha, Advocates—For the Appellant (Tara Mia). Saifuddin Md. Aminur Rahim, Advocate- For the Appellant (Ali Hossain...... as practicable and must ensure are that it does not go by lapse, inaction or inertia. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 282. ...... as practicable and must ensure are that it does not go by lapse, inaction or inertia. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 282. ..Category: Criminal Law | Date: | Hits: 40
Bangladesh Marine Fisheries Association Vs. Government of Bangladesh and others, 2000, 29 CLC (HCD)
....issued without any lawful authority and is of no legal effect. On an application under Article 102 of the Constitution at the instance of the petitioner No.1 a registered petitioner No. 2 carrying on business of catching fish have stated, inter alia, that the petitioners who have been engaged in cat......on…………………Petitioner Vs. Government of Bangladesh and others..................Respondents Judgment February 23, 2000. Lawyers Involved: Mahbubur Rahman, Advocate—For the Petitioner. Mushfiqur Rahman Khan, Assistant Attorney-General—For the Respondents. Wr......nd no fine by way of penalties can also follow for thereof. In the result the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 273. ......nd no fine by way of penalties can also follow for thereof. In the result the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 273. ..Category: Civil Law | Date: | Hits: 115
....nt No.6 contests the suit by filling another written statement stating that the defendant No.6 is a private limited company incorporated in 1992, that one of the objects of the company is to carry on business of clinic and hospital, that the company filed an application to the Ministry of Works for ......rt Division
(Special Original Jurisdiction)
Present:
Md. Golam Rabbani J
Md. Latifur Rahman J
Mirpur Mazar Co-operative Market Society Ltd…………Plaintiff
Vs.
Ministry of Works, Government of People’s Republic of Bangladesh and others……Defendants
Judgment
Fe......ase was neither improper nor illegal nor by undue influence.
4. Defendant No.6 contests the suit by filling another written statement stating that the defendant No.6 is a private limited company incorporated in 1992, that one of the objects of the company is to carry on business of clinic and hos......) Ltd. registered on 6-4-93 is null and void.
Let a copy of the judgment be sent t the Ministry of Law and Parliamentary Affairs.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 263.
..
Category: Property Law | Date: | Hits: 72
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