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Narayan Chandra Saha and another Vs. Jatindra Chandra Saha and others, 1999, 28 CLC (HCD)
....ode reads as follows: “1. Unless the appellate Court dismisses the appeal under rule 11, it shall fix a day for hearing of the appeal. 2. Such day shall be fixed with reference to the current business of the Court, the place of the respondent, and the time necessary for the service of the no......others………………..Opposite Parties Judgment October 28, 1999. Lawyers Involved: Promila Biswas with Ms Nahid Sultana, Advocates—the Petitioners. M Shamsul Alam, Advocate—For the Opposite Party Nos. 1-2. Civil Revision No. 2252 of 1998. Judgment Md. Abdur Rashid......anted by this court at the time of issue of the Rule hereby stands vacated. Let the appeal be heard and disposed of as early as possible. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 5.......anted by this court at the time of issue of the Rule hereby stands vacated. Let the appeal be heard and disposed of as early as possible. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 5...Category: Procedural Law | Date: | Hits: 66
Anwar Karim and others Vs. Bangladesh Bank and others, 1999, 28 CLC (HCD)
....in the said report without giving them any opportunity to be heard and thereby violating the principle of natural justice though by such inclusion they were debarred from getting loan for their other business. 3. Learned Advocate for the respondent No.1 after placing the affidavit-in-opposition a............................ Petitioner Vs. Bangladesh Bank and others …………………………..Respondents Judgment June 2, 1999. Case Referred To- Chandpur Jute Suppliers vs. Subordinate Judge 2 BLC 49 (7) Lawyers Involved: Syed Ishtiaque Ahmed with Rokonuddin Mahmud, Sha......lity of respondent No. 5 under the borrower code No.9187 is declared to have been made without lawful authority and of no legal effect. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 1. ......lity of respondent No. 5 under the borrower code No.9187 is declared to have been made without lawful authority and of no legal effect. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 1. ..Category: Banking Law | Date: | Hits: 121
Oram Limited Vs. Commissioner of Customs Excise and VAT Commissionerate, Dhaka, 2000, 29 CLC (HCD)
....ther or further order or orders as to this court may seem fit and proper. 2. In the writ application it has been stated, inter alia, that the petitioner a private Limited Company is engaged in the business of Manufacturing Mosquito Coil under the contracts of manufacture signed between the petiti......ssioner of Customs Excise and VAT Commissionerate, Dhaka………Respondents Judgment December 4, 2000. Result: The Rule is made absolute Lawyers Involved: MR Hasan, Advocate—For the Petitioners. Md. Bazlur Rahman, Deputy Attorney-General with, Mostafa Zaman Islam, Assista...... 10(Ten) working days from the date of declaration of price given on 11-4-1994 and also from the date of declaration of price given on 1-7-1997 was in clear violation of the proviso to Rule 3(3) as incorporated by SRO No.133- Ain/95/150/VAT dated 12-6-1997 and that no declaration being given by the ......28,688.00 for the period from August, 1995 to May, 1997 are declared to have been made without lawful authority and are of no legal effect. Ed. This Case is also Reported in: 53 DLR (2001) 373. ..Category: Fiscal/Taxation Law | Date: | Hits: 91
Md. Abdur Rouf Vs. Judge of Artha Rin Adalat No.1, Dhaka, 2010, 39 CLC (AD)
....um borrowed a sum of Tk.2.00 lac as cash credit (Hypothecation loan) from the plaintiff-respondent No.2 Bank. But the petitioner could not repay the loan due to malpractices of other partners and the business of the petitioner collapsed. The respondent No.2 Bank instituted the aforesaid title suit f...... No.1, Dhaka, Judge Court Compound, P.S. Kotwali, District-Dhaka and others .....................Respondents Judgment March 18, 2010. Lawyers Involved: Nurul Islam Bhuiya, Advocate-on-Record-For the Petitioner. Chowdhury Md. Zahangir, Advocate-on-Record-For Respondent Nos.3-12. No...... Code of Civil Procedure has no manner of application in this case. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 548....... Code of Civil Procedure has no manner of application in this case. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 548...Category: Civil Law | Date: | Hits: 73
Faustina Pereira Vs. State, 2001, 30 CLC (HCD)
....rs of the remaining 822 fore prisoners and also to report within seven days as what steps have been taken by this time for the release. Ed. This Case is also Reported in: 53 DLR (2001) (HCD) 414.......………….Petitioner Vs. State……………………………………Opposite Parties. Judgement May 22, 2001. Lawyers Involved: Nizamul Haque with Faustina Pereira Advocates- for the Petitioner. M Faruque, Assistant Attorney General with Md. Fazlul Haque Choudhury, Assista......rs of the remaining 822 fore prisoners and also to report within seven days as what steps have been taken by this time for the release. Ed. This Case is also Reported in: 53 DLR (2001) (HCD) 414....... Further, we also think that it is the duty of the Government to ensure their safely and security after their release and for the purpose, the Government may consider making contact with Human Rights bodies or any International body such as International Red Cross Society or United Nations Commissio..Category: Constitutional Law | Date: | Hits: 123
Abdul Rouf (Md.) alias Nayan Vs. State and another, 1999, 28 CLC (HCD)
....ok cognizance against the accused persons under sections 406 and 420 of the Penal Code. Accused No.1 then moved this court and obtained this Rule 3. Main ground taken is that the transaction was a business transaction and, as such, no offence was committed under section 406 or 420 of the Penal Co......Rouf (Md.) alias Nayan………………….. Petitioner Vs. State and another……. Opposite Parties Judgment July 15, 1999. Lawyers Involved: Syed Ziaul Karim, Advocate — For the Petitioner. Md. Mustafa, Assistant Attorney-General — For the Opposite Parties. Crimi...... Rule is made absolute. Proceedings of CR Case No. 301 of 1990 pending in the court of Chief Metropolitan Magistrate, Chittagong are quashed. Ed. This Case is also Reported in: 53 DLR (2001) 283....... Rule is made absolute. Proceedings of CR Case No. 301 of 1990 pending in the court of Chief Metropolitan Magistrate, Chittagong are quashed. Ed. This Case is also Reported in: 53 DLR (2001) 283...Category: Criminal Law | Date: | Hits: 39
Shahjahan (Md) Vs. State, 2000, 29 CLC (HCD)
....taken that the charge- sheet was submitted without proper investigation but the defence did not cross-examine PW 9 and thereby it is admitted that the charge-sheet was submitted in a normal course of business and the charge-sheet is genuine. 18. On a careful scrutiny of the disputed confessio......………Appellant Vs. State……………………….. Respondent Judgment April 9, 2000. Cases Referred To- AIR 1946 Cal. 156 Dhanapati Dey Vs. Emperor; State Vs. Lalu Miah 39 DLR (AD) 117; State Vs. Lalu Miah 1987 ILD (AD) 212; Hazrat Ali Vs. State......months. Send down the original case record at once with a copy of the Judgment for perusal and necessary action accordingly. Ed. This Case is also Reported in: 53 DLR (2001) 268. ......months. Send down the original case record at once with a copy of the Judgment for perusal and necessary action accordingly. Ed. This Case is also Reported in: 53 DLR (2001) 268. ..Category: Criminal Law | Date: | Hits: 38
Fazlur Rahman & 38 others Vs. Government of Bangladesh and others, 1999, 28 CLC (HCD)
.... do something which otherwise he would not ha legal power to do, which is a special privilege rather than a right common to all and is often required as a condition precedent to the right to carry on business or to hold certain classes of property within the jurisdiction and, as such, they do not ac......March 22, 1999. Cases Referred To- Kazi Md Amirul Islam Vs. Secretary, Ministry of Law, Justice and Parliamentary Affairs Bangladesh and others 16 BLD (AD)110 ; Mostafa Kamal Moulvi Mohammad Khorshed Vs. Secretary Ministry of Law, Justice and Parliamentary Affairs, 50 DLR (AD) 82. Lawyers ......dent No.1 to grant permanent licence for the said area. But the respondents are withholding granting of the said licence to the petitioner. The petitioner put an application for amendment sought to incorporate Nandi Para Union as well in the prayer portion. 32. In Writ Petition No.3592 of 1998 Ru......e Rules are discharged without any order as to costs. The order of stay granted by this court earlier the above Rules, are hereby vacated. Ed. This Case is also Reported in: 53 DLR (2001) 237...Category: Constitutional Law | Date: | Hits: 109
Mojibul Haque (Md) Vs. Ataur Rahman and others, 2000, 29 CLC (HCD)
.... office premises so they are not entitled to any order of temporary injunction. It has further been contended that the dispute that arose between the plaintiffs and the defendants are relating to the business or affairs of the co-operative society and such dispute shall be referred to the Registrar ......Ali J Mojibul Haque (Md)………………….Petitioner Vs. Ataur Rahman and others……………Opposite Parties Judgment November 7, 2000. Cases Referred To- AIR 1959 (Mysore) 75 & 47 DLR 261. Lawyers Involved: AF Hassan Arif Advocate—For the Petitioner. ...... of the suit independently. The Rule is accordingly discharged without any order as to costs. The stay order granted by this Court stands. Ed. This Case is also Reported in: 53 DLR (2001) 229....... of the suit independently. The Rule is accordingly discharged without any order as to costs. The stay order granted by this Court stands. Ed. This Case is also Reported in: 53 DLR (2001) 229...Category: Administrative Law | Date: | Hits: 146
....ty Corporation granted lease of the entire land to the members of their two Samities on receipt of proper salami. Erecting shops and getting connections of various utility services to them, and doing business therefrom, the members of the Samity have since then been in possession of the said land, T......shem, 47 DLR (AD) 6; National Bank of India Vs. Yakub Ali, 7 DLR 606; Md. Ashid Ali Vs. Province of East Pakistan, 22 DLR 694.
Lawyers Involved:
Mahbubey Alam with Md. Shah Alam, Advocates—For the Petitioner
Khondakar Mahbubuddjn Ahmed with Subrata Chowdhury, BA Rashid, Promila Biswas, ......im order of injunction in mandatory form dated 29-11-2000 is hereby set aside. No order as to cost.
Communicate this order to the Court.
Ed.
This Case is also Reported in: 53 DLR (2001) 220.
......im order of injunction in mandatory form dated 29-11-2000 is hereby set aside. No order as to cost.
Communicate this order to the Court.
Ed.
This Case is also Reported in: 53 DLR (2001) 220.
..
Category: Civil Law | Date: | Hits: 84
Titas Gas (T & D) Co. Ltd. Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)
.... of an assessee maintaining his accounts on mercantile system a liability accrued, though to be discharged at a future date, would be a proper deduction while working out the profits and gains of his business regard being had to the accepted principles of commercial practice and accountancy. It is n......t and we refrain from answering the other questions. There will be no order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 209. ......the affirmative and against the assessee applicant and we refrain from answering the other questions. There will be no order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 209. ......the affirmative and against the assessee applicant and we refrain from answering the other questions. There will be no order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 209. ..Category: Fiscal/Taxation Law | Date: | Hits: 82
Motaleb Hossain (Md) Vs. State and another, 2000, 29 CLC (HCD)
.... petitioner under those sections was not legal. In this connection, with reference to the petition of complaint he has invited our attention to the fact that the transaction between the parties was a business transaction 3. Mr. Shahidul Islam, learned Advocate who appeared on behalf of the compla......; Latifa Akter Vs. State, 19 BLD (AD) 20, 51 DLR (AD) 159; 46 DLR (AD) 180; Md. Asaduzzaman Vs. Md. Salamatullah, 19 BLD 461; 46 DLR (AD) 180. Lawyers Involved: Khurshid Alam Khan, Advocate—For the Petitioner. Shahidul Islam, Advocate—For the Complainant Opposite Party. Md. Mustafa,...... Magistrate ‘Ka’ Zone, Sirajganj is quashed. The accused petitioner is discharged from his bail bonds. Communicate the order at once. Ed. This Case is also Reported in: 53 DLR (2001) 198. ...... Magistrate ‘Ka’ Zone, Sirajganj is quashed. The accused petitioner is discharged from his bail bonds. Communicate the order at once. Ed. This Case is also Reported in: 53 DLR (2001) 198. ..Category: Criminal Law | Date: | Hits: 42
Abdul Wahab Biswas Vs. Abdul Matin Miah & others, 1999, 28 CLC (HCD)
.... (2) provides that: "12. (1) unless the Appellate Court dismisses the appeal under rule 11, it shall fix a day for hearing the appeal. (2) Such day shall be fixed with reference to the current business of the Court, the place of residence of the respondent, and the time necessary for the serv...... Abdul Wahab Biswas………….Petitioner Vs. Abdul Matin Miah & others……………Opposite Parties Judgment May 26, 1999. Lawyers Involved: Md. Shamsul Huda, Advocate—For the Petitioner. Not represented—the Opposite Parties. Civil Revision No. 4532 of 1997. ....... The learned District Judge should be careful henceforth in passing orders so that it may not be repeated. Communicate the order at once. Ed. This Case is also Reported in: 53 DLR (2001) 196........ The learned District Judge should be careful henceforth in passing orders so that it may not be repeated. Communicate the order at once. Ed. This Case is also Reported in: 53 DLR (2001) 196...Category: Procedural Law | Date: | Hits: 81
Prime Finance and Investment Limited Vs. Delwar H. Khan and others, 2009, 38 CLC (AD)
.... holding 40,22,000 (forty lac twenty two thousand) shares i.e. 66% of the total shareholding in the Company. The Company was incorporated in the year 2000 with the objects, inter alia, of carrying on business as owner, proprietor and service provider in software development, telecommunications and...........Petitioner Vs. Delwar H. Khan and others……........Respondents Judgment August 18, 2009. Result: The petition is dismissed. Lawyers Involved: Khan Saifur Rahman, Senior Advocate instructed by Mrs. Sufia Khatun, Advocate-on-Record-For the Petitioner. Not represent......a shareholder and director of the respondent No.1 company ("the Company") holding 40,22,000 (forty lac twenty two thousand) shares i.e. 66% of the total shareholding in the Company. The Company was incorporated in the year 2000 with the objects, inter alia, of carrying on business as owner, propriet......he above, we find no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 459. ..Category: Company Law | Date: | Hits: 197
Tafazzal Hossain Vs. Bangladesh, 2009, 38 CLC (AD)
....reparation of paper book is dispensed with as prayed for. The order of stay granted earlier shall continue till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 451. ...... Rural Development and Co-operatives, Bangladesh Sachibalaya, P.S.-Ramna, Dhaka-1000 and others…............Respondents Order October 11, 2009. Lawyers Involved: Rokonuddin Mahmud, Senior Advocate instructed by Sufia Khatun, Advocate-on-Record-For the Petitioner. A. S. Moniruzzaman......reparation of paper book is dispensed with as prayed for. The order of stay granted earlier shall continue till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 451. ......ticle 59 of the Constitution as inserted by the 12th Amendment is quoted as below: - "59. Local Government.- (1) Local Government in every administrative unit of the Republic shall be entrusted to bodies composed of persons elected in accordance with law. (2) Everybody such as is referred t..Category: Election Law | Date: | Hits: 92
Anti-Corruption Commission Vs. Nargis Begum & others, 2009, 38 CLC (AD)
.... the cases, in short, are that in Writ Petition No. 10744 of 2007 the petitioners are the wife and three children of the former Minister Tariqul Islam. It is stated that the petitioners are doing business and paying income tax on the basis of separate files, namely TIN: 417-105-3949/C-II/Jessore......ase is also Reported in: 62 DLR (AD) (2010) 279. ......e find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 279. ......e find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 279. ..Category: Anti-Corruption Laws | Date: | Hits: 168
Dr. Mohiuddin Farooque Vs. Bangladesh and others, 2001, 30 CLC (HCD)
....enabling them to take necessary steps in this regard immediately. A copy also be forwarded to the Chairman, BELA. Md. Joynul Abedin J.- I agree. This Case is also Reported in: 55 DLR (2003) 69. ......) Present: Md. Joynul Abedin J ABM Khairul Haque J Dr. Mohiuddin Farooque, Secretary General, Bangladesh Environmental Lawyers Association (BELA) being dead Ms. Syeda Rizwana Hasan, Director (Program), representing Bangladesh Environmental Lawyers Association (BELA)…..Petitioner. Vs......ed representatives will have to face the penalty of the law if what the Constitution and follow-up legislation direct them to do are defied or denied wrongfully. The wages of violation is punishment, corporate and personal.”(Para-24). This is the correct exposition of law in a modern welfare So......ution was never even felt in this region. Since early sixties, of necessity, industries of various kinds started to spring up slowly. Although in those days the question of pollution did not cross anybodies mind but certain provision were made in the Factories Act, 1965 (Act No. IV of 1965) rather a..Category: Environmental Law | Date: | Hits: 345
Abul Khair Morselin (Md) Vs. Bangladesh and others, 2000, 29 CLC (HCD)
....hey are not made parties in this writ petition. 14. Since the election of the Chamber group has been already completed, this petitioner being a Member of Chamber group, he has been in the election business with the association group which is disputed in this Case and even if his name is found to ......ase is also Reported in: 53 DLR (2001) 179. ......he Vacation Bench on 10-10-2000 is hereby vacated and the remaining part of the election of the FBCCI shall be held in accordance with law. Ed. This Case is also Reported in: 53 DLR (2001) 179. ......earned Attorney-General appeared on behalf of the Government who is respondent No.1 in the writ petition and he made submissions, inter alia, that the present dispute is purely in between the private bodies and FBCCI is not even a local authority as defined under section 3(28) of the General Clauses..Category: Business or Commercial Law | Date: | Hits: 204
Khaleda Rahman & another Vs. Integrated Services Limited and others, 1999, 28 CLC (HCD)
.... learned Subordinate Judge 1st Court, Dhaka in Title Suit No. 116 of 1999 who by the said order restrained the appellants by an order of ad interim injunction from interfering and disturbing with the business, administration and management of the plaintiff No.1 company and from giving effect to the ......t Division (Civil Appellate Jurisdiction) Present: Mahmudul Amin Choudhury J Md. Abdul Aziz J Khaleda Rahman & another………Appellants Vs. Integrated Services Limited and ors………..Respondents Judgment June 8, 1999. Cases Referred To- Karnafully Paper M...... No. 116 of 1999. The Subordinate Judge, 1st Court, Dhaka is hereby directed to dispose of the injunction matter on merit expeditiously. Ed. This Case is also Reported in: 53 DLR (2001) 161. ...... No. 116 of 1999. The Subordinate Judge, 1st Court, Dhaka is hereby directed to dispose of the injunction matter on merit expeditiously. Ed. This Case is also Reported in: 53 DLR (2001) 161. ..Category: Business or Commercial Law | Date: | Hits: 207
Hussain Mohammad Ershad Vs. State and others, 2000, 29 CLC (AD)
....ad already then received the provisional compensation for their respective acquired land. Accused No.16 had a different story. He claimed himself as an affected person on the ground that he was doing business since 1957 in a tenanted shop room of 15 X 10 cubits when the land was acquired for KCA. Ac......……………Appellant Vs. State and others…………………..Respondents Judgment August 24, 2000. Lawyers Involved: Khandker Mahbub Hossain with Afzal Hossain, Advocates—For the Appellant (In Criminal Appeal No. 1132 of 1993). Nitai Roy Chowdhury, Advocate—For the A......s. 49, 49A, 49B, and 49C within Kawran Bazar Commercial Area including the building/structures thereon known as Janata Tower is maintained. Ed. This Case is also Reported in: 53 DLR (2001) 102. ......s. 49, 49A, 49B, and 49C within Kawran Bazar Commercial Area including the building/structures thereon known as Janata Tower is maintained. Ed. This Case is also Reported in: 53 DLR (2001) 102. ..Category: Property Law | Date: | Hits: 33
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