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Abdul Alim Vs. Biswajit Dey and another, 2007, 36 CLC (HCD)

....lt, this Rule is discharged. The order of stay granted earlier by this Court is vacated. Communicate this order at once. Ed. This Case is also Reported in: 59 DLR (2007) 236 . ......No. 984 of 2006 under section 138 of the Negotiable Instruments Act, 1881 pending in the Court of Metropolitan Sessions Judge, Chittagong. 2. Sum and substance of complaint case is that due to business transaction, there is outstanding claim of Taka 21 lakh from the accused petitioner and to ..

Category: Criminal Law | Date: | Hits: 50

Shahella Chowdhury Vs. National Board of Revenue and others, 2007, 36 CLC (HCD)

....no legal effect; and they are accordingly quashed. Order of stay granted on 23-5­06 is also recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 59 DLR (2007) 213. ......er source derived, chargeable to tax under any provision of this Ordinance under any head specified in section 20; (b) any loss of such income, profit or gains; (c) the profits and gains of any business of insurance carried on by a mutual insurance association in accordance with paragraph 8 of..

Category: Fiscal/Taxation Law | Date: | Hits: 69

Dhaka City Corporation and others Vs. Shamsur Rahman and others, 2007, 36 CLC (HCD)

....ring with peaceful possession of the plaintiff in the suit land, in any way, as prayed for. Send down the records, at once. Ed. This Case is also Reported in: 59 DLR (2007) 207. ......he land of CS plot No. 118 by the DIT in the aforesaid case of 0.6281 acres remained unused. The members of defendant No. 4, 'Samity' raised on their own cost 62 shops on said unused land and started business of old iron. When the plaintiff claimed to be owner of the suit land, defendant No. 4 and i..

Category: Property Law | Date: | Hits: 32

Janata Bank Vs. M/S Ahmedia Garments, 1987, 16 CLC (HCD)

....on of the judgment is stayed for 4 (four) weeks from date. There will however be no order as to costs. Amirul Islam Chowdhury J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 72.......Ltd. a company situated with its head office at Japan and pioneer in­dustrial, authorised agent of M/S. YAMA MOTO for damages arid compensation on the ground that the plaintiff while carrying on the business of man­ufacturing various types of ready made garments for export and also for local sale,..

Category: Business or Commercial Law | Date: | Hits: 209

Titas Gas Transmission and Distribution Company Ltd. Vs. Habib Oil Mills (BD) Ltd., 2001, 30 CLC (HCD)

....eceipt of the copy of this judgment. In the result, the Rule is disposed of with the aforesaid observation without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 35. ......t Bench after hearing the parties gave direction to the Gas Company to issue gas bills as per meter reading from August, 1997 with further direction not to disconnect the gas line or interfere in the business in any way whatsoever till disposal of the Rule. But ultimately, the Rule was disposed of w..

Category: Civil Law | Date: | Hits: 115

Abu Lokman Vs. Commissioner of Customs & others, 2002, 31 CLC (HCD)

....aid sub section. Therefore, we do not find any substance in this Rule. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 34. ......he goods imported under L/C No. 1761296122 dated 30‑10-­96 on the basis of the invoice value. 2. The facts, in short, are that the petitioner is the proprietor of IM Corporation and carrying on business of import, inter alia, of Steel GI Pipe. The petitioner opened a Letter of Credit bearing N..

Category: Fiscal/Taxation Law | Date: | Hits: 56

Paul Reinhurt Limited and another Vs. Prime Textiles Spinning Mills Ltd. and others, 2001, 30 CLC (HCD)

.... apply in the instant arbitration and accordingly, set aside the order of stay. In Pratabmull Rameshwar vs KG Sethia Ltd., AIR 1960 Calcutta 702, a suit was instituted for declaration that certain jute contracts (four in number) and the Arbitration agreements contained therein are void and unenfo......Plaint of the suit having been rejected, no separate order needs to be passed on the application of defendant No. 3 for striking out its name. Ed. This Case is also Reported in: 54 DLR (2002) 17...

Category: Civil Law | Date: | Hits: 101

Humayun Majid Vs. Bangladesh Bureau of Anti-Corruption and ors., 2000, 29 CLC (HCD)

....t, the Rule is made absolute with cost of Taka 5,000 against the respondent No. 6 and no order as to cost is made against other respondents. Ed. This Case is also Reported in: 54 DLR (2002) 12. ......x being partners of the said firm constructed thereon a 3(three) storied building with partial semi-pucca construction. 3. The aforesaid-partners, on mutual consent, dissolved the said partnership business on 30th June 1970 and in terms of the deed of dissolution of partnership, the partnership f..

Category: Anti-Corruption Laws | Date: | Hits: 232

Abu Jafar Md. Nurul Islam Vs. DG, Department of Environ­ment, Government of Bangladesh and others, 2003, 32 CLC (HCD)

....6‑11‑2002 vide Annexure E to the writ petition is hereby declared to have been issued without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 56 DLR (2004) 1. ......ory as there are other factories, saw mills in the thickly Populated areas but no action was taken against those factories, by the impugned order the petitioner's fundamental right of carrying on his business as guaranteed by Article 40 of the Constitution of the People's Republic of Bangladesh has ..

Category: Environmental Law | Date: | Hits: 226

American Express Bank Limited Vs. Chairman, National Board of Revenue and others, 2001, 30 CLC (HCD)

....2-93 to 1997-98 are without lawful authority and 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: 54 DLR (2002)7. ......perates branches in different countries of the world including branches in Bangladesh through banking licence obtained on 29th June, 1965 under the Banking Companies Ordinance 1962 to conduct banking business in Dhaka with a foreign-exchange licence dated 5th September, 1972 under the Foreign Exchan..

Category: Fiscal/Taxation Law | Date: | Hits: 132

SA Coconut Mills Ltd. Vs. Government of the People’s Republic of Bangladesh and Others, 2001, 30 CLC (HCD)

....sion we are of the opinion that the Rule is liable to be discharged. In the result the Rule is discharged. There will he no order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 1. ......Article 40 says- ‘Subject to any restrictions imposed by law, every citizen possessing such qualification, if any, as may be prescribed by law in relation to his profession, occupation, trade or business shall have the right to enter upon any lawful profession or occupation, and to conduct any ..

Category: Fiscal/Taxation Law | Date: | Hits: 108

Delwar Hossain Sowdagar Vs. State, represented by the Deputy Commissioner, 2002, 31 CLC (HCD)

....tive claims in the civil Court. In that view of the matter the impugned proceedings are quashed. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 55 DLR (2003) 5. ......and 420 of the Penal Code because the initial intention to cheat the Penal Code because the initial intention to cheat is totally absent in the instant case inasmuch as the parties have long standing business transactions and after the initial discord between the parties over the balance amount of m..

Category: Civil Law | Date: | Hits: 83

Sonali Bank and another Vs. Md. Harun, 1999, 28 CLC (HCD)

.... 43,000.00 are hereby affirmed with interest at the rate of 8% per annum till realisation. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 75.......also received another sum of Taka 3.00 lac as cash credit which was subsequently raised to Taka 4.00 lac. But instead of using these amounts in the project the plaintiff diverted this amount to other business resulting in the stoppage of the Oil Mill, He failed to repay the 1St instalment or any ins..

Category: Civil Law | Date: | Hits: 72

Shah Dairy Products Limited Vs. Commissioner, Customs, Excise and VAT Chittagong and others, 1999, 28 CLC (HCD)

.... the above facts and circumstances we find no merit in this Rule. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 72.......mposed by ambiguous words used in a statute. In the case of Cape Brandy Syndicate Vs. Inland Revenue Commissioner reported in (1921)11 KB 64 it has been held that a person who had no pre-war trade or business could not be imposed tax under the Finance Act 1915. In that case it was observed: “In a ..

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

AMC Bennett and others Vs. Bangladesh and others, 2006, 35 CLC (HCD)

....petition seems to be frivolous and without any substance. Accordingly, the Rule is discharged with cost of Taka 15,000 (fifteen thousand). Ed. This Case is also Reported in: 59 DLR (2007) 178....... Petition No. 6928 of 2001. Judgment Md. Awlad Ali J.- This Rule Nisi was issued calling upon the respondents to show cause as to why they should not be directed to refrain from transacting any business on the provisional list Annexure D, pending disposal of the applications of the petitioners..

Category: Property Law | Date: | Hits: 34

Continental Traders Vs. Bangladesh Textile Mills Corporation and others, 2006, 35 CLC (HCD)

....ore, dismissed. 23. The respective parties are directed to bear their respective costs. Send down the LC Records at once. Ed. This Case is also Reported in: 59 DLR (2007) 151. ......t of Galveston, USA under Bill of Lading No. 4 dated 9-3-1976 for carriage to and delivery at the Chittagong Port through "MV Maria N" owned and controlled by defendant No. 1, who carries on shipping business at Chittagong through their agent defendant No. 3. The consignment was insured with the def..

Category: Civil Law | Date: | Hits: 87

Mirzaboo Steels Ltd. Vs. Government of Bangladesh and others, 2006, 35 CLC (HCD)

....scharged. In the result, the Rule is discharged without any order as to costs. The stay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 59 DLR (2007) 141. ......of the President. But unfortunately, we are unable to accept this conten­tion since the provision of Article 55(6) stands for rule making power of the President for the allocation and transaction of business of the Government which is available in the very preface of the Rules of Business in the fo..

Category: Civil Law | Date: | Hits: 133

Monir Hossain Vs. Artha Rin Adalat No.4, Dhaka & others, 2010, 39 CLC (AD)

....rit petition is not legally maintainable. We, therefore, find no reason to interfere with the same. The petition is accordingly dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 236. ......ector and the respondent Nos. 5 and 6 are the Directors. The father of the petitioner as the guarantor mortgaged the suit property described in the schedule to the plaint. In order to expand the said business the respondent No. 5 (defendant No. 3) on 22nd September, 1998 filed an application to the ..

Category: Civil Law | Date: | Hits: 78

Md. Monzurul Islam Vs. National Board of Revenue and others, 2009, 38 CLC (AD)

.... Yellow Book value was valid, the High Court Division did not commit any error in discharging the Rule. The petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 211. ......00 so far declaring Yellow Book Values as the basis for valuation of the used/ reconditions vehicles. 2. The petitioner filed the above writ petition on the averments that he, in the course of his business, imported used vehicles under H.S. Code No.8704.10.10.00 and after arrival of the goods at ..

Category: Fiscal/Taxation Law | Date: | Hits: 64

MGH Infocomm Ltd. Vs. Bangladesh, represented by Secretary, Ministry of Information, 2006, 35 CLC (HCD)

....e observations and direction made above. Communicate a copy of this judgment to the respondent at once. There is no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 131....... may seem fit and proper. 2. The petitioner is a private limited company incorporated under the Companies Act, 1994 to operate as a distributor of foreign channels. It is in the course of that business that the petitioner entered into a Distribution Agreement on 1-7-2004 with Asian Broadcasti..

Category: Information Technology Law | Date: | Hits: 171