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Abdul Alim Vs. Biswajit Dey and another, 2007, 36 CLC (HCD)
....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 ...... Vs. Biswajit Dey and another……………………………….Opposite Parties Judgment March 11, 2007. Lawyers involved: Abdul Barek Chowdhury, Advocate—For the Petitioner. Mohammad Hossain, Advocate—For the Opposite Parties. Criminal Mis......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 . ......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 . ..Category: Criminal Law | Date: | Hits: 50
Khalilur Rahman Vs. State, 2007, 36 CLC (HCD)
....lilur Rahman. We find no merit in these appeals. These appeals are dismissed. Send down the lower court records at once. Ed. This Case is also Reported in: 59 DLR (2007) 227 . ......ul Islam vs. State, 1983 BLD 162, Md. Azad Sheik @ Azad SK vs. State 1988 BLD 505 = 41 DLR 62 and Zaheda Bewa vs. State 37 DLR 66. Lawyers involved: Md. Anisur Rahman Hatem, Advocate—For the Appellant (In Criminal Appeal No. 1752 of 1997). Saifuddin Md. Aminur Rahim, Deputy At......lilur Rahman. We find no merit in these appeals. These appeals are dismissed. Send down the lower court records at once. Ed. This Case is also Reported in: 59 DLR (2007) 227 . ......hey found the victims with bleeding injuries lying on the ground. 4. On the basis of the FIR lodged with the local police station, the Fulpur police registered a case, held inquest on the dead bodies, sent the dead bodies to the morgue. In course of investigation, the investigating officer ar..Category: Criminal Law | Date: | Hits: 38
Shahella Chowdhury Vs. National Board of Revenue and others, 2007, 36 CLC (HCD)
....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...... and others…………..Respondents Judgment March 28, 2007. Case Referred To- Raghuvanshi Mills Ltd vs. CIT; 1952 22 ITR 484 (SC). Lawyers involved: Mosharraf Hossain, Advocate—For the Petitioner. Md. Rezaul Islam, Assistant Attorney-General—For the Respondents. Writ Pe......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. ......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. ..Category: Fiscal/Taxation Law | Date: | Hits: 69
Dhaka City Corporation and others Vs. Shamsur Rahman and others, 2007, 36 CLC (HCD)
....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...... This Case is also Reported in: 59 DLR (2007) 207. ......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. ......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. ..Category: Property Law | Date: | Hits: 32
Md. Ali Haider & Ors. Vs. State and others, 1987, 16 CLC (HCD)
.... the charge. They shall be set at liberty forthwith if not wanted in connection with any other case. Amin-ur-Rahman Khan J. – I agree Ed. This Case is also Reported in: 40 DLR (1988) 97. ......aj alias Shepi..................Appellant Vs. The State...................Respondent(Criminal Appeal No.113 of 1985) Judgment November 25, 1987. Case Referred to- Zamir Hussain and ors. vs. The Crown, PLD 1949 Lahore page 170. Lawyers Involved: Serajul Huq with Abdul Malek -...... the charge. They shall be set at liberty forthwith if not wanted in connection with any other case. Amin-ur-Rahman Khan J. – I agree Ed. This Case is also Reported in: 40 DLR (1988) 97. ......olded and hand tied by cloth and they were compelled to board the jeep and taken to unknown destination. 4. Upon this F.I.R. Police took up the investigation of the case and recovered the dead bodies of the aforesaid 5 persons from a well of village Khagan 21/2 months after the alleged occurr..Category: Criminal Law | Date: | Hits: 30
Janata Bank Vs. M/S Ahmedia Garments, 1987, 16 CLC (HCD)
....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,...... Judgment July 8, 1987. Cases Referred to- 33 DLR (AD) 298, AIR 1970 (S.C.) 891, AIR 1981 (S.C.) 1426, AIR 1986 ( S.C.) 1924, AIR 1983 (Cal), 106, AIR 1986 (Cal) 356, (1958) 1 All England Report 262, (1975) 1 All England Report 107, (1978) 1 All E.R.976, (1982) 2 All England Report 720); AI......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.......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...Category: Business or Commercial Law | Date: | Hits: 209
....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......abib Oil Mills (BD) Ltd....…………….Opposite Party
Judgment
July 30, 2001.
Lawyers Involved:
Mainul Hosein, Barrister-at-Law with Manjur Kadir and Md. Shamim ul-Alam, Advocates—For the Petitioner.
Dr. M. Zahir with Md Waliul Islam, Advocates—For the Opposite Party.
Civi......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.
......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.
..
Category: Civil Law | Date: | Hits: 115
Abu Lokman Vs. Commissioner of Customs & others, 2002, 31 CLC (HCD)
....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......ndents Judgment July 8, 2002. Case Referred To- Mustafa Kamal and another Vs. Commissioner of Customs and others 52 DLR (AD) 1. Lawyers Involved: Md. Ramzan Ali Sikder, Advocate‑ For the Petitioner. Md. Ibrahim Khalil, Assistant Attorney‑General- For the Respondents. Wr......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. ......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. ..Category: Fiscal/Taxation Law | Date: | Hits: 56
ASM Shamsul Islam Rashedi Vs. Satellite Fishing Ltd. and others, 2001, 30 CLC (HCD)
....his application under section 233 which is deplorable. In view of the above, this application is dismissed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 28. ......……..Petitioner Vs. Satellite Fishing Ltd. and others ………….Respondents Judgment October 17, 2001. Lawyers Involved: Jashim Uddin Ahmed with Shibbir Ahmed, Advocates—For the Petitioner Dr. AKM Ali, Advocate—For Respondent No. 2. Company Matter No. 9 of 1997. ...... Judgment KM Hasan J.- This is an application under section 233 of the Companies Act, 1994. 2. The facts, stated in the petition, are that the respondent No. 1 is a private limited company incorporated under the Companies Act, 1913 on 12th February, 1992. One of the main object clauses is t......his application under section 233 which is deplorable. In view of the above, this application is dismissed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 28. ..Category: Company Law | Date: | Hits: 220
Humayun Majid Vs. Bangladesh Bureau of Anti-Corruption and ors., 2000, 29 CLC (HCD)
....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...... Court High Court Division (Special Original Jurisdiction) Present: Syed JR Mudassir Hussain J Md. Arayesuddin J Humayun Majid…….Petitioner Vs. Bangladesh Bureau of Anti-Corruption and ors………..Respondents Judgment December 3, 2000. Case Referred To- D......desh. Some of the companies and commercial firms in the case property abandoned their business, left the firms and businesses unattended and one of the such abandoned concerns was a limited company incorporated in the then West Pakistan under the name and style M/S Jaleel Brothers Engineering Ltd, c......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. ..Category: Anti-Corruption Laws | Date: | Hits: 232
....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 .......................Petitioner
Vs.
DG, Department of Environment, Government of Bangladesh and others.........Respondents
Judgment
July 15, 2003.
Cases referred to-
Chairman, Zilla Chora Chalan Damon Samanayo Committee, Mymensingh and another vs. Md. Kabirul Islam Beg and 5 others, ......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.
......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.
..
Category: Environmental Law | Date: | Hits: 226
American Express Bank Limited Vs. Chairman, National Board of Revenue and others, 2001, 30 CLC (HCD)
....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......evenue and others ……………………Respondents Judgment July 31, 2001. Lawyers involved: Dr. M Zahir with Md. Firoz Shah with AHM Mizanur Rahman and Afreen Mohiuddin, Advocates—for the Petitioner Syed Abu Kowser Md. Dabirush-Shun, Deputy Attorney-General—for the Respondent......k4, and k5) shall not be declared to have been made without any lawful authority and of no legal effect. 3. Facts relevant for disposal of the Rule are, that the petitioner a banking institution incorporated in the State of Connecticut, USA having its head office located in New York City, New Y......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. ..Category: Fiscal/Taxation Law | Date: | Hits: 132
....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 ......inister of Agriculture (1968) AC 997; Ram Krisna Dalmia vs. Justice Tandulker, AIR 1958 (SC) 538.
Lawyers Involved
Salauddin Ahmed, with Md. Ramzan Ali Sikder and Faustina Pereira, Advocates—For the Petitioner.
MR Hasan, with Ms Nahid Yasmin, Assistant Attorney-General—For the Responden......f 2000.
Judgment
AKM Shafiuddin J.- This Rule has arisen out of an application under Article 102 of our Constitution. The petitioner, SA Coconut Oil Mills Ltd., is a private limited company, incorporated under the Companies Act. It is registered with the Chief Controller of Import and Export,......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.
..
Category: Fiscal/Taxation Law | Date: | Hits: 108
Delwar Hossain Sowdagar Vs. State, represented by the Deputy Commissioner, 2002, 31 CLC (HCD)
....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......002. Case Referred To- Syed Ali Mir and another Vs. Syed Omar Ali and another, 1990 BLD (AD) 168. Lawyers Involved: Abdul Matin Khasru with M Faruque and Pankaj Kumar Kundu, Advocates‑For the Petitioner. Mahbubey Alam with Moqbul Ahmed, Advocates‑ For Opposite Party No. 2 Sye......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. ......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. ..Category: Civil Law | Date: | Hits: 83
....val of the petitioner is illegal and without any lawful authority.
The Rule is accordingly disposed of without any order as to costs.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 81.......costs.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 81.......val of the petitioner is illegal and without any lawful authority.
The Rule is accordingly disposed of without any order as to costs.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 81.......sked for explanation of his conduct before that conclusion is reached.”
The maxim audi alteram partem which means no man shall be condemned unheard, applies to judicial as well as administrative bodies, specially where the proceedings taken may affect the person or property or other right of th..
Category: Employment/Service Law | Date: | Hits: 108
Sonali Bank and another Vs. Md. Harun, 1999, 28 CLC (HCD)
....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...... and another………………………Appellants Vs. Md. Harun……………………Respondent Judgment May 17, 1999. Case Referred To- Md. Osman Gani Vs. Mst Kulsum Bibi and ors., 37 DLR (AD) 63. Lawyers Involved: Mohammad Ali, Advocate—For the Appellants. Abdul ...... 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....... 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...Category: Civil Law | Date: | Hits: 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 ......-
Cape Brandy Syndicate Vs. Inland Revenue Commissioner (1921)11 KB 64; Russell Vs. Scott (1948) AC 422 (6 & 7).
Lawyers Involved:
Rokonuddin Mahmud with Mobina Asif Rahman, Advocates—For the Petitioner.
Quazi Rezaul Hoque, Advocate—For Respondent No.1.
Writ Petition No. 2069 ...... 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....... 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...
Category: Fiscal/Taxation Law | Date: | Hits: 93
Bangladesh Vs. Md. Moazzem Hossain Bhuiyan and Others, 2009, 38 CLC (AD)
....sident of the 2nd Ad-hoc Governing Body. Thus we do not find any merit in the leave petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: 30 BLD (AD) (2010) 65. ......ka…………….Petitioner Vs. Md. Moazzem Hossain Bhuiyan and Others……………………The Respondents Judgment December 17, 2009. Lawyers Involved: MK Rahman, Additional Attorney General, instructed by Mrs. Sufia Khatun, Advocate-on-Record-For the Petitioner. Rafique-Ul......sident of the 2nd Ad-hoc Governing Body. Thus we do not find any merit in the leave petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: 30 BLD (AD) (2010) 65. ......sident of the 2nd Ad-hoc Governing Body. Thus we do not find any merit in the leave petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: 30 BLD (AD) (2010) 65. ..Category: Civil Law | Date: | Hits: 81
AMC Bennett and others Vs. Bangladesh and others, 2006, 35 CLC (HCD)
.... 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...... Case Referred To- Hasina Begum and others vs. Chairman RAJUK & others 57 DLR 237. Lawyers involved: Khan Saifur Rahman with MM Zulfikhar Ali Hyder and Md. Shakir Hossain, Advocates—For the Petitioners. Shah Khashruzzaman with Reshma Sultana, Advocates—For Respondent No. 3. ......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 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...Category: Property Law | Date: | Hits: 34
Continental Traders Vs. Bangladesh Textile Mills Corporation and others, 2006, 35 CLC (HCD)
....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......llate Jurisdiction) Present: Mir Hashmat Ali J Md. Fazlur Rahman J Continental Traders………………..Defendant-Appellant Vs. Bangladesh Textile Mills Corporation and others……………..Respondents Judgment November 9, 2006. Ca......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. ......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. ..Category: Civil Law | Date: | Hits: 87
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