Judgment search - Chancery Law Chronicles

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Rear Admiral M. Nurul Islam, NCC, PSC (Retd.) Vs. State, 2013, 42 CLC (HCD)

....rson, any valuable thing without consideration or for a consideration which he knows to be inadequate, from any person whom he knows to have been, or to be likely to be concerned in any proceeding or business transacted or about to be transacted by him, or having any connection with the official fun......: Siddiqur Rahman Miah J KM Kamrul Kader J Rear Admiral M. Nurul Islam, NCC, PSC (Retd.)…………Accused petitioner (In Criminal Misc No.2334 of 2004) Commodore Harunur Rashid (Retd.)…………………….Accused p......are hereby vacated. Send down the lower court’s record with a copy of the judgment and order at once. Siddiqur Rahman Miah J. - I agree. Ed. This Case is also Reported in: ......are hereby vacated. Send down the lower court’s record with a copy of the judgment and order at once. Siddiqur Rahman Miah J. - I agree. Ed. This Case is also Reported in: ..

Category: Anti-Corruption Laws | Date: 24 Feb, 2013 | Hits: 82

Mohammad Elias Vs. Commissioner of Customs, Chittagong and others, 2013, 42 CLC (HCD)

....ompliance of the interim order, the petitioner reportedly released the goods on provisional assessment. Facts necessary for disposal of the Rule, in brief, are that the petitioner in course of his business opened letters of credit being Nos.175004010014 dated 14.02.2004 and 175004010018 dated 03....... Case Referred to- Abul Khair Condensed Milk and Beverage Ltd. Vs. Commissioner of Customs and others, 60 DLR 450. Lawyers Involved Ramzan Ali Sikder with Abdullah Mahmud Hassan, Advocates-For the petitioner. Ishrat Jahan, Assistant Attorney General-For respondent No.1. Writ Petition......final assessment within a period of four months from receipt of this order. Communicate the judgment to respondents No.1-4. Shamim Hasnain J. - I agree. Ed. This Case is also Reported in: ......final assessment within a period of four months from receipt of this order. Communicate the judgment to respondents No.1-4. Shamim Hasnain J. - I agree. Ed. This Case is also Reported in: ..

Category: Fiscal/Taxation Law | Date: 28 Jan, 2013 | Hits: 59

Mohidul Islam (Ripon)(Md.) Vs. State and another, 2013, 42 CLC (HCD)

....case in accordance with law. Send a copy of the judgment and order to the concerned Special Judge immediately. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 108. ...... another……………………………Opposite Parties Judgment January 17, 2013. Result: The Rule is discharged. Opportunity to prove the allegation by adducing evidence- There is scope for the accused-petitione......case in accordance with law. Send a copy of the judgment and order to the concerned Special Judge immediately. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 108. ......case in accordance with law. Send a copy of the judgment and order to the concerned Special Judge immediately. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 108. ..

Category: Anti-Corruption Laws, Criminal Law | Date: 17 Jan, 2013 | Hits: 3

Giasuddin-al-Mamun Vs. State and another, 2013, 42 CLC (HCD)

.... Nirman Construction, with assurance that an work order would be awarded to her for construction of an 80(eighty) MW capacity power station in Tongi BSCIC Industrial Area through his close friend and business partner Tarique Rahman and being induced by such assurance Begum Khadija Islam on 1-8-2003 ......DLR 64714 BLD (AD), 196 = 46 DLR (AD) 174, Kalepada Shaha Vs. State, 37 DLR (AD) 135;Delowar Ali Khan Vs. Sajadul Hague, 38 DLR (AD) 52; Nil Ratan Sarker Vs. Lakshmi Narayan Ram, AIR 1965 (SC); Directorate of Enforcement Vs. Dipok Mahajon, (1994), 3(SCC) 440; State (Union of India) Vs. Ram Saran,(20......of initiation, investigation and trial of the case. Mr. Ahmed further submits that the Ordinance No. VII of 2007 and Ordinance No. VIII of 2007 by which the Money Laundering Protirodh Ain, 2002 was incorporated in scheduled of the Anti-Corruption Commission Act, 2004 and Criminal Law Amendment Act, ......warranted in law and disapproved by the Appellate Division. Accordingly, the application is rejected summarily. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 50. ..

Category: Criminal Law | Date: 17 Jan, 2013 | Hits: 11

Mir Sharafat Ali Vs. Govemment of Bangladesh and others, 2013

....s case (1958) 2 L Ed 1204. Douglas J., in a concurring judgment pin pointed the importance of that right thus:— "Freedom of movement, at home and abroad, is important for job and business opportunities-for cultural, political and social activities- for all the commingling which ......p; Anr 45 LEd 186; Leonard B Boundin Vs. John Foster Dulles, 136; Herbert Aptheker Vs. Secretary of State, 12 L Ed 992. Lawyers Involved: AM Mahbub Uddin with Nazmul Huda, Advocates— For the Petitioner. Amatul Karim, Assistant Attorney-General Swarup. Kanti Dep A A. G&mdash......hin 2 (two) weeks time from the receipt of the copy this judgment. The office is directed to communicate the order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 201 ......hin 2 (two) weeks time from the receipt of the copy this judgment. The office is directed to communicate the order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 201 ..

Category: Constitutional Law | Date: 10 Jan, 2013 | Hits: 2

Abul Khair Chandu Vs. State and another, 2013, 42 CLC (HCD)

....t facts necessary for disposal of the rule are that on 14-6-2005, an Officer of Islami Bank Ltd., Saidpur Branch lodged a petition of complaint alleging that the accused-petitioner, being a business man of dry fish, was a composite limited holder of the Islami Bank, Saidpur Branch. The inf......de absolute. Cases Referred to- Aminur Rahman (Md) Vs.State 8 BLC 518; Khondaker Mahtabuddin Ahmed Vs.State, 49 DLR (AD). Lawyers Involved: Md. Hasan Arif, with Farid Ahmed—For the Petitioner Dr. AKM All with M Khaled Ahmed—For the Respondents Amir-ul Islam ...... all necessary. 17. Send a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 230 ...... all necessary. 17. Send a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 230 ..

Category: Banking Law, Criminal Law | Date: 7 Jan, 2013 | Hits: 2

Bayer Crop Science LimitedVs. The Commissioner of Taxes, 2013, 42 CLC (HCD)

....ibunal was justified in disallowing the expenses under the head utility charge, publicity expenses, carriage, stationary, and Bad Debt, when the said amounts have been expended for the purpose of the business of the Assesse-applicant and hence it is entitled to get a deduction under the provision of......rted in: ...... The connected Rule being No.30 (Ref:) /2011 is disposed of accordingly. However, there shall be no order as to cost. FRM Nazmul Ahasan J. -I agree. Ed. This Case is also Reported in: ...... The connected Rule being No.30 (Ref:) /2011 is disposed of accordingly. However, there shall be no order as to cost. FRM Nazmul Ahasan J. -I agree. Ed. This Case is also Reported in: ..

Category: Fiscal/Taxation Law | Date: 3 Jan, 2013 | Hits: 85

TLRA Holding Ltd Vs. Customs, Excise and VAT Appellate Tribunal & others, 2012, 41 CLC (HCD)

.... dated 30-10-2001 should not be declared to have been passed without lawful authority and is of no legal effect. 2. The background leading to the Rule, in short, is that the petitioner is a businessman who is engaged in manufacturing of different wash brand scouring powder, Jet brand deter......bunal & others.............Respondents Judgment December 10, 2012. Result: The Rule is discharged. Section 26 of the VAT Act contemplates a situation and made provisions for combating the same. Of course the provision should be followed meticulously in its true spirit an......Court is hereby recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 94. ......Court is hereby recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 94. ..

Category: Fiscal/Taxation Law | Date: 10 Dec, 2012 | Hits: 6

Muzibul Haque (Md.) Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....ore seventy thousand) payment of instalment started from 13-11-2007. Due to natural disaster AILA and exportation restriction imposed upon all the products there occurred a huge loss in his business which the petitioner informed repeatedly to the respondent No.2, Bank. Thereafter, the......and Government has been inducted in the petition only to attract Article 102 of the Constitution as a method of cunning device. Section 12 of Ain, 2003 maintains as a pre-contention to sale the mortgage property and realized the outstanding dues, if any, before filing a suit against a defa......s Division at the time of issuance of the Rule is hereby recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 138 ......s Division at the time of issuance of the Rule is hereby recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 138 ..

Category: Banking Law | Date: 6 Dec, 2012 | Hits: 3

Amanullah (Md.) and other Vs. Abdul Aziz and others, 2012, 41 CLC (HCD)

.... With the above observations and directions this Rule is disposed of. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 485. ......nal Jurisdiction) Present: Md. Ashfaqul Islam J Md. Badruzzaman J Amanullah (Md.) and other ..................Petitioners Vs. Abdul Aziz and others...............Contemnors Judgment December 5, 2012. Result: The Rule is disposed of. Encadremen...... With the above observations and directions this Rule is disposed of. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 485. ......ticle 136, provisions has been made in the Services (Re-Organization and Conditions) Act, 1975 (Act XXXII of 1975) which empowered the government to re-organize services of the Republic and of public bodies and nationalized enterprises and hence BCS Re-Organization Order, 1980 was constituted under ..

Category: Constitutional Law, Contempt of Court Law | Date: 5 Dec, 2012 | Hits: 4

Esrarul Huq Chowdhury Vs. Md. Amir Hossain, Advocate and another, 2012, 41 CLC (AD)

....presentation, or mislead the Court or obfuscate the case in any manner. What is imperative to be borne in mind is that the legal profession cannot be considered like any other profession, or trade or business. It' is a noble profession, which is intended to serve the cause of "justice".....................Appellant Vs. Md. Amir Hossain, Advocate and another…......Respondents Judgment November 28, 2012. Result: The appeal is allowed. Words and Phrases Review By preferring a review, an erroneous decision can not be re-heard ...... 5 (five) years is set aside and that passed by the Tribunal in the complaint case is restored. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 313,66 DLR (AD) (2014) 1. ...... 5 (five) years is set aside and that passed by the Tribunal in the complaint case is restored. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 313,66 DLR (AD) (2014) 1. ..

Category: Others | Date: 28 Nov, 2012 | Hits: 23

Giasuddin-al-MamunVs.State and another, 2012, 41 CLC (HCD)

....Nirman Construction, with assurance that an work order would be awarded to her for construction of an 80(eighty) M W capacity power station in Tongi BSCIC Industrial Area through his close friend and business partner Tarique Rahman and being induced by such assurance Begum Khadija Islam on 1-8-2003 ......rani Bank, 14 BLD (AD) 196 = 46 DLR (AD) 174; Kalepada Shaha Vs. State, 37 DLR (AD) 135; Delowar AM Khan Vs. Sajadul Haque, 38 DLR (AD) 52; Nil Ratan Sarker Vs. Lakshmi Narayan Ram. AIR 1965 (SC); Enforcement Vs. Dipok Mahajon, 3 (SCC) 440 and State Vs. Ram Saran, 12 SCC 578. Lawyers Involved: ......of initiation, investigation and trial of the case. Mr. Ahmed further submits that the Ordinance No. VII of 2007 and Ordinance No. VIII of 2007 by which the Money Laundering Protirodh Ain, 2002 was incorporated in scheduled of the Anti-Corruption Commission Act, 2004 and Criminal Law Amendment Act, ......ceeding is unwarranted in law and disapproved by the Appellate Division. Accordingly, the application is rejected summarily. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 41 ..

Category: Criminal Law | Date: 27 Nov, 2012 | Hits: 5

Amirul Islam (Md.) Vs. Commissioner of Customs and others, 2012, 41 CLC (HCD)

....ase of the goods in question. 4. The background leading to the Rule, in short, is that the petitioner who is the proprietor of Reliance Trade International has been engaged in the tailoring business of trading. On 20-9-2011 the petitioner opened an irrevocable letter of credit being No.108...... The Rule is made absolute. Cases Referred to- Transcom Cables Ltd Vs.The Commissioner of Customs 2 TLR 571; ASS Enterprise Vs. Bangladesh 17 BLC 86; Russell Vegetable Oil Ltd Vs. Collector of Customs 52 DLR 382; LR Khan Vs. Customs, Excise and VAT Appellate Tribunal, 17 BLC 249;Commiss......e Rule is declared to have been passed without lawful authority and is of no legal effect. Communicate at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 77. ......e Rule is declared to have been passed without lawful authority and is of no legal effect. Communicate at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 77. ..

Category: Fiscal/Taxation Law | Date: 19 Nov, 2012 | Hits: 6

State Vs. Kazi Mahbub-uddin Ahmed, 2012, 41 CLC (AD)

....the prosecution story, the victim and the respondent were leading conjugal life in an apartment at Uttar Bashabo. On the day of occurrence, in the morning the respondent went out of his home for business purposes leaving his wife and domestic help Belal at home and after completing his works......udgment November 14, 2012. Result: The appeal is dismissed. Confession A confession is an admission made at any time by a person charged with a crime, stating or suggesting the inference, that he committed the crime. In criminal cases a confession made by an......in the judgment of the High Court Division which calls for our interference. The appeal is, therefore, dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 210. ......in the judgment of the High Court Division which calls for our interference. The appeal is, therefore, dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 210. ..

Category: Evidence Law | Date: 14 Nov, 2012 | Hits: 21

State Vs. Kazi Mahbubuddin Ahmed, 2012, 41 CLC (AD)

....to the prosecution story, the victim and the respondent were leading conjugal life in an apartment at Uttar Bashabo. On the day of occurrence, in the morning the respondent went out of his home for business purposes leaving his wife and domestic help Belal at home and after completing his works ......mber 14, 2012. Result: The appeal is dismissed. Confession and second confession A confession is an admission made at any time by a person charged with a crime, stating, or suggesting the inference, that he committed the crime. In criminal cases a confession made by an...... illegality in the judgment of the High Court Division which calls for our interference. The appeal is, therefore, dismissed. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 135....... illegality in the judgment of the High Court Division which calls for our interference. The appeal is, therefore, dismissed. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 135...

Category: Criminal Law | Date: 14 Nov, 2012 | Hits: 11

Shamsul Kabir Humayun Reza Vs. Anwarul Hasan and Others, 2012, 41 CLC (AD)

....ld have left no stone unturned to get back his son and brother-in-law and also the possession of the suit plot, but he only made a GD entry and moved the Parliamentary Standing Committee which had no business in the matter "of declaring title and getting possession of a property which can only ...... November 12, 2012. Result: The petitions are dismissed. Cases Referred to- Ali Haider Vs. State, 10 DLR (SC) 193; Allah Ditta Vs. State, 11 DLR (SC) 38; Chainchal Singh Vs. Emperor, AIR 1946 PC 1. Lawyers Involved: Abdul Wadud Bhuiyan, Senior Advocate instructed by Su......etter for the inhabitants of Dhaka City." We find no merits in the petitions. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 37. ......etter for the inhabitants of Dhaka City." We find no merits in the petitions. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 37. ..

Category: Evidence Law, Property Law | Date: 12 Nov, 2012 | Hits: 37

Ali Haider Chowdhury Vs. State and another, 2012, 41 CLC (HCD)

.... such other or further order or orders as to this Court may seem fit and proper. 2. Facts relevant to disposal of the Rule may be, briefly, stated as follows: 3. The accused-petitioner is a businessman who was elected Secretary-General of Bangladesh Association of International Recruiting ......ip;………...Opposite Party Judgment November 8, 2012. Result: The Rule is discharged. Under latest Propositions of Law, an Accused cannot remain on Anticipatory Bail for an Unlimited Period- It is now well settled that after submission of the police re......applicant's earlier auction bid was illegally rejected by the RAJUK, whether his wife had any personal involvement in the alleged transaction or the subsequent transfer to the JPL was a mere corporate venture of the company itself, whether MM Rahmatullah merely followed the orders of the pr...... law. Let a copy of this judgment be transmitted to the concerned Court below at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 116. ..

Category: Anti-Corruption Laws, Procedural Law | Date: 8 Nov, 2012 | Hits: 7

Ibrahim (Md.) Vs. Government of the Peoples Republic of Bangladesh & others, 2012, 41 CLC (HCD)

.... of lading issued by a forwarding agent which is neither the owner nor the charterer of the vessel. For this purpose it cannot matter whether the bill is issued in its own name or under an assumed or business name which conceals it’s identity. 28. In view of the above, it is abundantly cl......ers.......Respondents Judgment October 16, 2012. Result: The Rule is discharged. Lawyers Involved: AF Hasan Ariff, Advocate with Md. Bahadur Shah, Advocate—For the Petitioner. Imranul Kabir, Advocate with Farzana Ahmed, Advocate—For the Responden......findings, we do not find any excellence in this Rule. In the result, the Rule is discharged. There is no order as to cost. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 415. ......findings, we do not find any excellence in this Rule. In the result, the Rule is discharged. There is no order as to cost. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 415. ..

Category: Admiralty Law or Maritime Law | Date: 16 Oct, 2012 | Hits: 9

Grameen Solutions Ltd. Vs. Registrar, Joint Stock Com¬panies and Firms, 2012, 41 CLC (HCD)

....wo share holders namely Mr. Zabir Husain and Mr. Sarfaraz Ali have decided to withdraw their shares from the company. Besides, the learned Advocate further submits that considering the volume of business of the company as well as the capital adequacy to smoothly run the company the board o......not absolve the company of its liability, if any, with anybody. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 186 ...... after its name dispensed with. But this order shall not absolve the company of its liability, if any, with anybody. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 186 ...... after its name dispensed with. But this order shall not absolve the company of its liability, if any, with anybody. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 186 ..

Category: Company Law, Corporate Law | Date: 15 Oct, 2012 | Hits: 11

Government of Bangladesh and others Vs. Mrs. Mohsina Rahman alias Joya, 2012, 41 CLC (AD)

.... Ali Bhuiyan of Village Binnapaid, Police Station Monorhardi, District Dacca at present residing at 258, New Circular Road, Magbazar under Police Station Tejgaon, Dacca by faith Muslim, by profession businessman hereinafter termed as the Vendor (which expression unless excluded by or repugnant to th......��……Petitioners Vs. Mrs. Mohsina Rahman alias Joya …………………..Opposite Party Judgment October 15, 2012. Result: Rule is discharged. Cases referred to- Abdul Noor (Md.) alias Gunnu Mia and another Vs. Makhan Mia alias Md. Laisuzzaman and others 60 DLR (AD) (20......ecord with a copy of this judgment and order to the court concerned and another copy of the judgment and order to the Deputy Commissioner, Dhaka immediately. Ed. This Case is also Reported in: ......ecord with a copy of this judgment and order to the court concerned and another copy of the judgment and order to the Deputy Commissioner, Dhaka immediately. Ed. This Case is also Reported in: ..

Category: Property Law | Date: 15 Oct, 2012 | Hits: 191

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