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Dr. Ahmed Husain Vs. Chairman, Bangladesh Telegraph and Telephone Board, Dhaka and others, 1997, 26 CLC (HCD)

....s a collecting agent of the Government of Bangladesh and as per direction of the Government has been realising the Value Added Tax and depositing the same in the Government treasury, in favour of the National Board of Revenue. Bangladesh Telegraph and Telephone Board levied 15% excise duty on the im......Court Division (Special Original Jurisdiction) Present: KM Hasan J Md. Tafazzul Islam J Dr. Ahmed Husain……………Petitioner Vs. Chairman, Bangladesh Telegraph and Telephone Board, Dhaka and others…………Respondents Judgment November 12, 1997. Result: The R......nt of the Government of Bangladesh and as per direction of the Government has been realising the Value Added Tax and depositing the same in the Government treasury, in favour of the National Board of Revenue. Bangladesh Telegraph and Telephone Board levied 15% excise duty on the impugned Telephone b......Court High Court Division (Special Original Jurisdiction) Present: KM Hasan J Md. Tafazzul Islam J Dr. Ahmed Husain……………Petitioner Vs. Chairman, Bangladesh Telegraph and Telephone Board, Dhaka and others…………Respondents Judgment November 12, 1997. Re..

Category: Fiscal/Taxation Law | Date: | Hits: 138

Debesh Chandra Bhattacharya and others Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)

....h the observation that this judgment will have no bearing on the fate of the Partition Suit/Appeal . There will be no order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 525. ......h the observation that this judgment will have no bearing on the fate of the Partition Suit/Appeal . There will be no order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 525. ......ntered appearance in the Miscellaneous Case and contested the same. The Miscellaneous Case was dismissed on a contested hearing on 10‑3‑1990. Respondent No. 3, the Additional Deputy Commissioner (Revenue) preferred Title Appeal No. 44 of 1990 before the learned District Judge, Mymensingh. The le...... costs. Ed. This Case is also Reported in: 56 DLR (2004) 525. ..

Category: Property Law | Date: | Hits: 67

IFIC Bank Ltd. and others Vs. Beximco Holdings Ltd. and others, 2004, 33 CLC (HCD)

....ion for temporary injunction is also dismissed. Connected Civil Rule No. 654 (FM) of 2004 is accordingly disposed of. Communicate at once. Ed. This Case is also Reported in: 57 DLR (2005) 154.......ordingly, plaintiff Nos. 2 to 5 being directors of the Beximco Holdings took responsibilities to execute personnel guarantees in addition to corporate guarantee for said outstanding dues. As per said Board resolution, the plaintiff Nos.2 and 3 furnished the letter of guarantee on the same date as se......ion for temporary injunction is also dismissed. Connected Civil Rule No. 654 (FM) of 2004 is accordingly disposed of. Communicate at once. Ed. This Case is also Reported in: 57 DLR (2005) 154.......This Case is also Reported in: 57 DLR (2005) 154...

Category: Civil Law | Date: | Hits: 71

Abdur Rashid Chowdhury Vs. CA Hamid and Co. Ltd. and others, 2005, 34 CLC (HCD)

....he register of members of the company. Respondent No.2, Registrar, is directed to rectify the share register of the company, accordingly. Ed. This Case is also Reported in: 57 DLR (2005) 148. ......he register of members of the company. Respondent No.2, Registrar, is directed to rectify the share register of the company, accordingly. Ed. This Case is also Reported in: 57 DLR (2005) 148. ......he register of members of the company. Respondent No.2, Registrar, is directed to rectify the share register of the company, accordingly. Ed. This Case is also Reported in: 57 DLR (2005) 148. ......(2005) 148. ..

Category: Company Law | Date: | Hits: 232

Rafiqul Alam (Md.) MD Dhaka Mercantile Co‑operative Bank Ltd. Vs. State, 2004, 33 CLC (HCD)

.... is hereby quashed. The petitioner is discharged from the bail bond. The order of stay granted earlier by this court is hereby vacated. Ed. This Case is also Reported in: 57 DLR (2005) 145. ......hin a space of about 4 years, and on 16‑2‑2000 he had misappropriated a further amount of Taka 1,80,000. Petitioner has filed a supplementary affidavit in which he has annexed a resolution of the Board of Directors of the bank, Annexure‑F‑1, approving a monthly allowance of Taka 5000, for pe...... is hereby quashed. The petitioner is discharged from the bail bond. The order of stay granted earlier by this court is hereby vacated. Ed. This Case is also Reported in: 57 DLR (2005) 145. ......rst information report with the Gulshan Police Station against the petitioner alleging, inter alia, that on 16-2‑2002 he had misappropriated Taka 1,80,000, that during the period between 2‑9‑96 and 5‑6‑2000 he had misappropriated Taka 6,51,015 by withdrawing from the bank and that a portio..

Category: Criminal Law | Date: | Hits: 89

SMA Matin Sarker Vs. Bangladesh Jute Mills Association and another, 2004, 33 CLC (HCD)

....judgment be sent to the Secretary, Ministry of Law, for his perusal and necessary action and the Secretary, Law Reforms Commission, Dhaka. Ed. This Case is also Reported in: 57 DLR (2005) 128. ...... nothing to do with the Association. As for example, provident fund dues have been claimed from the Association but the Association has an authority over the fund as it is maintained and managed by a Board of Trustees. The same view is reiterated by our Appellate Division in the case reported in 3 B......judgment be sent to the Secretary, Ministry of Law, for his perusal and necessary action and the Secretary, Law Reforms Commission, Dhaka. Ed. This Case is also Reported in: 57 DLR (2005) 128. ......Court High Court Division (Original Civil Jurisdiction) Present: Syed Amirul Islam J SMA Matin Sarker.............................Petitioner Vs. Bangladesh Jute Mills Association and another...................Respondents Judgment March 28, 2004. Results: The applicat..

Category: Employment/Service Law | Date: | Hits: 144

Chief Election Commi­ssioner and 3 others Vs. Controller and Auditor General of Bangladesh and 4 others, 2004, 33 CLC (HCD)

....already been deducted earlier, on account of pension. In the result, this Rule Nisi is made absolute but without any order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 113. ......already been deducted earlier, on account of pension. In the result, this Rule Nisi is made absolute but without any order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 113. ......already been deducted earlier, on account of pension. In the result, this Rule Nisi is made absolute but without any order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 113. ......rted in: 57 DLR (2005) 113. ..

Category: Employment/Service Law | Date: | Hits: 99

Daulatpur Ice Cold Storage Ltd. and another Vs. Chairman, Power Development Board and others, 1999, 28 CLC (HCD)

....­1994 evidenced by Annexure 'H' to the application is declared to have been issued without any lawful authority and is of no legal effect. Ed. This Case is also Reported in: 57 DLR (2005) 109. ......cial Original Jurisdiction) Present: Syed Amirul Islam J SAN Mominur Rahman J Daulatpur Ice Cold Storage Ltd. and another.................Petitioners Vs. Chairman, Power Development Board and others............Respondents Judgment June 23, 1999. Result: The Rule is made......­1994 evidenced by Annexure 'H' to the application is declared to have been issued without any lawful authority and is of no legal effect. Ed. This Case is also Reported in: 57 DLR (2005) 109. ...... Reported in: 57 DLR (2005) 109. ..

Category: Others | Date: | Hits: 135

Dada Engineering Ltd. Vs. Commissioner, Customs Excise and VAT Commissionerate and other, 2010, 39 CLC (HCD)

....2 in the letter dated 9-7-2008 further direct­ed to make deposit of Taka 31, 36,776 to the govern­ment treasury in pursuance of letter dated 10-4-2008 (Annexure-H) issued by the respondent No.3 the National Board of Revenue (herein after referred to as NBR) with reference to judgment and order pas......e limited com­pany conducting its business all over the country as a manufacturer of different sizes of SPC Poles in its factory. The main consumer of the said SPC poles is the Rural Electrification Board and other public bodies. The petitioner company in course of busi­ness participated in an ope......ted 9-7-2008 further direct­ed to make deposit of Taka 31, 36,776 to the govern­ment treasury in pursuance of letter dated 10-4-2008 (Annexure-H) issued by the respondent No.3 the National Board of Revenue (herein after referred to as NBR) with reference to judgment and order passed by the High Co......e Court High Court Division (Special Original Jurisdiction) Present: Ashfaqul Islam J Dada Engineering Ltd...........................Petitioner Vs. Commissioner, Customs Excise and VAT Commissionerate and other……..Respondents Judgment August 18, 2010. Result: ..

Category: Fiscal/Taxation Law | Date: | Hits: 140

Intertek Testing Service (BD) Ltd. and another Vs. President, Appellate Tribunal, Customs, Excise and VAT, Dhaka and others, 2003, 32 CLC (HCD)

.... President, Appellate Tribunal, Customs, Excise and VAT, Dhaka and others................. Respondents Judgment May 20, 2003. Result: The Rules are made absolute. Case Referred to- National Board of Revenue Vs. Bata Shoe Co., 42 DLR (AD) 195. Lawyers Involved: Mahmudul Isla......nt, Appellate Tribunal, Customs, Excise and VAT, Dhaka and others................. Respondents Judgment May 20, 2003. Result: The Rules are made absolute. Case Referred to- National Board of Revenue Vs. Bata Shoe Co., 42 DLR (AD) 195. Lawyers Involved: Mahmudul Islam with Md......late Tribunal, Customs, Excise and VAT, Dhaka and others................. Respondents Judgment May 20, 2003. Result: The Rules are made absolute. Case Referred to- National Board of Revenue Vs. Bata Shoe Co., 42 DLR (AD) 195. Lawyers Involved: Mahmudul Islam with Md. Mizanul......orted in: 57 DLR (2005) 74. ..

Category: Fiscal/Taxation Law | Date: | Hits: 122

Abdur Razzaque (Md) Vs. State, 2003, 32 CLC (HCD)

....ly, accused-appellant Abdur Razzaque is sentenced thereunder to suffer RI for ten (10) years. Send down the lower Court records at once. Ed. This Case is also Reported in: 56 DLR (2004) 510. ......2/3 months ago accused Razzaque had given her a proposal for marrying Mazeda Khatun. 13. PW 6 Dr. Motiur Rahman proved the medical certificate Exhibit 2. He stated in his evidence that the Medical Board did not find any sign of 'rape' on victim Mazeda Khatun. He examined victim Mazeda on 13‑10â......ly, accused-appellant Abdur Razzaque is sentenced thereunder to suffer RI for ten (10) years. Send down the lower Court records at once. Ed. This Case is also Reported in: 56 DLR (2004) 510. ......zaque (Md).....Appellant Vs. State……………………………Respondent Judgment November 9, 2003. Result: The appeal is allowed in part. Cases Referred to- Gopi Shanker and others Vs. State (Rajasthan), 1967 CrLJ 922; Lahore High Court Vs. Emperor, AIR 1933 Lahore 1002..

Category: Criminal Law | Date: | Hits: 94

Padma Oil Co. Ltd. Vs. SM Nurul Islam and others, 2002, 31 CLC (HCD)

.... that case their Lordships held as follows: "But the fact that Jamuna Oil Co. Ltd. is a distinct legal entity is not decisive in the present matter. From the moment the properties, etc of Pakistan National Oil Ltd. vested in the Bangladesh Petroleum Corporation under section 31(c) read with item ...... as to cost. The order of stay granted at the time of issuance of the Rule stands vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 56 DLR (2004) 505. ...... as to cost. The order of stay granted at the time of issuance of the Rule stands vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 56 DLR (2004) 505. ......004) 505. ..

Category: Employment/Service Law | Date: | Hits: 122

Karnaphuli Fertilizer Co. Ltd. Vs. Chairman, First Labour Court and another, 2002, 31 CLC (HCD)

.... legal effect. In the circumstances, the Rule is made absolute without any order as to costs. Let the lower Court records be sent down. Ed. This Case is also Reported in: 56 DLR (2004) 502.......t all or any of the workmen in any proceedings, (c) give notice of, and declare, a strike in accordance with the provisions of this Ordinance; and (d) nominate representatives of workmen on the Board of Trustees of any welfare institutions or Provident Funds, and of the Worker's Participation ...... legal effect. In the circumstances, the Rule is made absolute without any order as to costs. Let the lower Court records be sent down. Ed. This Case is also Reported in: 56 DLR (2004) 502.......Division (Special Original Jurisdiction) Present: Md Joynul Abedin J Sheikh Rezowan Ali J Karnaphuli Fertilizer Co. Ltd …………..Petitioner Vs. Chairman, First Labour Court and another..................Respondents Judgment July 24, 2002. Result: The Rule is mad..

Category: Labour and Industrial Law | Date: | Hits: 152

Mehedi Hasan Vs. State, 2011, 40 CLC (HCD)

....tioner is concerned. The accused is released from the bail bond. Stay granted shall stand vacated. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 361.......ection. Only obligation, consequent upon transfer of shares, is to notify the Registrar of the Joint Stock Companies and Firms, by submitting Form-XIII and schedule-X, if any change does occur in the Board of Directors or in the share­holding position of the company. Similarly, Companies Act permit......tioner is concerned. The accused is released from the bail bond. Stay granted shall stand vacated. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 361....... Result: The Rule is made absolute. Lawyers Involved: Yousuf Hossain Humayun, Senior Advocate with Ahsanul Karim, Advocate with Khairul Alam Chowdhury, Advocate with Aminul Haque, Advocate and Tanvir Hossain Khan, Advocate - For the petitioner. Md. Mosharraf Hossain Sarder, Deputy Atto..

Category: Administrative Law | Date: | Hits: 173

Md. Abdul Bari and others Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)

....ht Catering Centre (BFCC) appointed by the BFCC Management against different posts on contractual basis. Anyway, initially BFCC was established as a project approved by the Executive Committee of the National Economic Council (ECNEC) in its meeting held on 16-8-1988. In course of time, BFCC became a......90 (SC) 913; Dr. AK Jain Vs. Union of India, 1987 (Supp) SCC 497; Talekhai Progressive Fishermen Co-operative Society Limited Vs. Bangladesh, 1981 BLD (AD) 103; Hazerullah Vs. Assistant Commissioner, Board of Management of Abandoned Property, 55 DLR (AD) 15; Yunus Mia Vs. Secretary, Ministry of Publ...... The Rule, therefore, fails.  Accordingly, the Rule is discharged without any order as to costs.  Ed. This Case is also Reported in: 63 DLR (HD) (2011) 27; 30 BLD (HCD) (2010) 465. ...... (HD) (2011) 27; 30 BLD (HCD) (2010) 465. ..

Category: Employment/Service Law | Date: | Hits: 145

Sheikh Hasina Wazed @ Sheikh Hasina Vs. State and another, 2010, 39 CLC (HCD)

....giving able assistance to this Court in the matter of disposing the rule in an effective manner. Send down the Lower Court records. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 40. ......giving able assistance to this Court in the matter of disposing the rule in an effective manner. Send down the Lower Court records. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 40. ......giving able assistance to this Court in the matter of disposing the rule in an effective manner. Send down the Lower Court records. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 40. ......vision (Criminal Miscellaneous Jurisdiction) Present: Md. Shamsul Huda J AB Siddiquee J Sheikh Hasina Wazed alias Sheikh Hasina..................Accused-Petitioner Vs. State and another..................................................Opposite-Parties Judgment March..

Category: Criminal Law | Date: | Hits: 126

Altaf Miah Vs. Md. Anwar Hossain and another, 1982, 11 CLC (AD)

.... COURT By the majority opinion the appeal is dismissed with costs and the judgment and order of the High Court Division are affirmed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 108.......t to consider the previous law on the point. Section 40 of the Bengal Wakf Act 1934 was on the following terms- "In the case of any Wakf of which there is no mutwalli or where there appears to the Board to be an impediment to appointment of a Mutwalli the Board, subject to any order of a competen...... COURT By the majority opinion the appeal is dismissed with costs and the judgment and order of the High Court Division are affirmed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 108....... Islam J Badrul Haider Chowhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Altaf Miah………………………………………………………Appellant Vs. Md. Anwar Hossain and another………………..Respondent Judgment May 18, 1982. Result: The appeal is d..

Category: Trust/Waqf Law | Date: | Hits: 188

Karnafully Paper Mills Sramik Karmachari Union Vs. Registrar of Trade Unions, Chittagong & others, 1989, 18 CLC (HCD)

....d on contest and order of ad-interim injunction granted by this Court ex-parte on 23.11.1988 is hereby set aside. No order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 262.......d on contest and order of ad-interim injunction granted by this Court ex-parte on 23.11.1988 is hereby set aside. No order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 262.......d on contest and order of ad-interim injunction granted by this Court ex-parte on 23.11.1988 is hereby set aside. No order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 262.......€¦Petitioner Vs. Registrar of Trade Unions, Chittagong & others.......................Opposite Parties Judgment January 30, 1989. Result: The application is allowed on contest and order of ad-interim injunction is set aside. Lawyers Involved: A.Y. Salehuzzaman with SK. ..

Category: Labour and Industrial Law | Date: | Hits: 203

Dr. Mohiuddin Farooque and another Vs. Bangladesh, 1997, 26 CLC (HCD)

....rived of their legal rights and legitimate compensation and also to protect their lives, professions and properties. The ‘FAP-20’ have been undertaken violating the laws of the land including the National Environment Policy, 1992. Scope of the so-called land acquisition matters, if lawfully appl......nfringed and would, further, inevitably infringe the fundamental rights to life, property and profession of lacs of people within and outside the project area. (d) The Bangladesh Water Development Board, briefly, ‘BWDB’ has been vested by the Bangladesh Water and Power Development Boards Orde......ance with the directions made above. Having regard to the facts and circumstances of the cases, there will be no order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 84. ......Court Division (Special Original Jurisdiction) Present: Kazi Ebadul Hoque J A K Badrul Huq J Dr. Mohiuddin Farooque..................Petitioner (In Writ Petition No. 998 of 1994) Sekandar Ali Mondol.................Petitioner (In Writ Petition No. 1576 of 1994) Vs. Bangladesh..

Category: Environmental Law | Date: | Hits: 1051

Habibur Rahman Khan Vs. Nurul Islam Khan, 1997, 26 CLC (HCD)

....han……………Appellant Vs. Nurul Islam Khan……………Respondent Judgment November 11, 1997. Result: The appeal is allowed. Case Referred to- Shirkat‑i‑Ahbab Vs. National Bank of Pakistan, 21 DLR (SC) 275. Lawyers Involved: Md. Waliul Islam, Advocate - For......ible. The Rule being Civil Rule No. 390 (fm) 96 is accordingly disposed of. Send a copy of the judgement to the Court below at once. Ed This Case is also Reported in: 50 DLR (HCD) (1998) 82. ......ible. The Rule being Civil Rule No. 390 (fm) 96 is accordingly disposed of. Send a copy of the judgement to the Court below at once. Ed This Case is also Reported in: 50 DLR (HCD) (1998) 82. ...... into an agreement on 8-4-93 with his brother, namely, defendant-appellant Habibur Rahman Khan under which the plaintiff was to transfer his 25% share in the company known as Habib Transport Co. Ltd. and the defendant in turn was to execute and register a sale deed in favour of the plaintiff transfe..

Category: Civil Law | Date: | Hits: 65