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Micro Industries Development Assistance Society (MIDAS) Vs. Commissioner of Taxes, 2001, 30 CLC (HCD)

....s Bank;” 11. The expression “charitable purpose” as used in clauses (i) and (ii) includes relief of the poor, education, medical relief and the advancement of any other object of general public utility. 12. Mr. Mustafa Adil, the learned Advocate has contested that since the socie......mulated in both the reference applications are answered in the negative and in favour of the assessee. There will be no order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 168...

Category: Fiscal/Taxation Law | Date: | Hits: 65

Wahidul Haque Vs. Bangladesh and others, 2002, 31 CLC (HCD)

....suing further release order after adjudication of the matter by a competent court of law and thus has been ignoring and flouting the verdict of the court causing not only great sufferings to litigant public, but also lowering the majesty and dignity of the courts in the minds of ordinary citizens of......bservation made in the body of this judgment. Send copies of this judgment to respondent Nos. 1-5 for proper guidance and necessary action. Ed. This Case is also Reported in: 54 DLR (2002)165...

Category: Property Law | Date: | Hits: 38

Barrister Ziaur Rahman Khan Vs. Government of Bangladesh and others, 1999, 28 CLC (HCD)

.... Vs. Sirajul Islam reported in 4 DLR (AD) 36 wherein it is held that circulars do not have any statutory force nor are they published in the official gazette for general information to the members of public so as to saddle them with knowledge. At best they may be guideline for the use of the officer......l call such meetings to meet the contingencies and the meetings thus called will take decisions as per clause (4) of Annexure ‘C’. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 164. ..

Category: Administrative Law | Date: | Hits: 462

Ahsan Karim Jinnah Vs. Meghna Insurance Company Limited & others, 1999, 28 CLC (HCD)

....1994 for rectification of the register of members of the respondent No.1, Meghna Insurance Company Limited (hereinafter called “the Company”). 2. The Company was incorporated on 18-3-1996 as a public limited company with an authorised capital of Taka 20,00,00,000.00 (taka twenty crore) divide......spondent No.8 to proforma respondent No.11 and not to use them for transfer of the said shares of the petitioner in favour of respondent Nos.2-7 particularly when the said dispute was in fact settled peacefully. This apart, the petitioner vehemently denies to have received any consideration money fo..

Category: Company Law | Date: | Hits: 203

Abdur Rahman Vs. State, represented by Deputy Commissioner, 2006, 35 CLC (HCD)

....defines the offence of forgery in the following language; Penal Code: "Section 463: Whoever makes any false document or part of a document, with intent to cause damage or injury, to the public or to any person, or to support any claim or title, or to cause any person to part with prope......nding before the Metropolitan Magistrate, Chittagong, is hereby quashed. Let a copy of the judgment be sent down at once. Ed. This Case is also Reported in: 59 DLR (2007) 683. ..

Category: Criminal Law | Date: | Hits: 43

State Vs. Al Hasib Bin Jamal alias Hasib and five others, 2007, 36 CLC (HCD)

....e incident. The officer-in-charge of the police station attended in the 'Qulkhwani' and 'chhelum' of the deceased. He further stated that he was a Manager of Sonali Bank. The park was established for public recreation. The accused persons took 4/5 minutes to go outside the gate after first fire. He ......absconding accused Ali Hasib Bin Jamal @ Hasib, Almas and Anif Mahmud alias Aurango @ Anga. Send down the lower Court's records at once. Ed. This Case is also Reported in: 59 DLR (2007) 653. ..

Category: Criminal Law | Date: | Hits: 40

AKM Iftekhar Ahmed and another Vs. State, 2007, 36 CLC (HCD)

....nd "Advocates are officers of the Court; they are not entitled to a protection greater than the protection available to Judges. Professional privilege is conceded to an Advocate only on the ground of public policy, so that they may pursue their client's cause without any fear of penalty" and "Advoca......de Court. If this position be continued, I am afraid a day will come when practically, there will be no legal system in Bangladesh. Ed. This Case is also Reported in: 59 DLR (2007) 646. ..

Category: Criminal Law | Date: | Hits: 97

Ali Ashraf Mia Vs. Chairman, First Court of Settle­ment and others, 2006, 35 CLC (HCD)

....interference by this Court. Accordingly, both the aforesaid Rules are discharged. There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 640. ......interference by this Court. Accordingly, both the aforesaid Rules are discharged. There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 640. ..

Category: Property Law | Date: | Hits: 39

Commissioner of Taxes Vs. Prime Bank Ltd., 2007, 36 CLC (HCD)

....enditure. While sub-section (7) of section 32 however, exempts tax from capital gain, where capital gain arises from the transfer of capital asset being Government securities and stocks and shares of public companies listed with a stock exchange in Bangladesh. No such deduction on account of notiona......peal to Appellate Division under section 162 of the Ordinance is rejected since we do not think that this is a fit case for appeal. Ed. This Case is also Reported in: 59 DLR (2007) 629. ..

Category: Fiscal/Taxation Law | Date: | Hits: 82

Angels Corporation (Pvt.) Ltd. and another Vs. Bangladesh and others, 2007, 36 CLC (HCD)

....ng inconsistent with the recognised principle of juridical power which also fails to secure economic and social justice as contemplated in Articles 8(2) and 20 of the Cons­titution of the People's Republic of Bangladesh shall also not be declared void and/or pass such other or further order or orde......sult, Rules in Writ Petition Nos. 6579 of 2004 and 6057 of 2005 are discharged with­out any order as to costs.Stay granted earlier stands vacated.Ed.This Case is also Reported in: 59 DLR (2007) 601. ..

Category: Others | Date: | Hits: 104

Mofidul Haque (Md) Vs. Bangladesh, 2006, 35 CLC (HCD)

....quite familiar with the said trade mark 'Liberty' and the applicant has acquired a very valuable reputation in respect of the mark Liberty. The applicant has already incurred huge expenditure towards publicity of the said trade mark through various media of publicity and as a result of extensive use......, there is no merit in this appeal. The appeal must fail. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 588. ..

Category: Intellectual Property Law | Date: | Hits: 198

AHM Moazzem Hossain Vs. State, 2006, 35 CLC (HCD)

....per to the effect that British American Tobacco Bangladesh Company and their slogan "Success and Responsibility go together", according to the complainant, is detrimental to the health of the general public as it is against the said Act, 2005, as such, the accuseds, mentioned in the petition of comp......pearing for the petitioner, submits, that the entire proceeding, having been barred under the provision of the Act, 2005 (Act XI of 2005), the petitioner need not move the learned Session Judge. ..

Category: Health Law | Date: | Hits: 251

Aziz Hasan and others Vs. Bangladesh, 2007, 36 CLC (HCD)

.... financial year in which it was issued.” “19. General power to exempt from customs-duties.— If the Government is satisfied, after consultation with the Board, that it is necessary in the public interest to do so, it may, subject to such conditions, limitations or restrictions, if any, a...... not pay in cash the amount of money covered by respective bank guarantees within a period of thirty days of receipt of this order. Ed. This Case is also Reported in: 59 DLR (2007) 563. ..

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

Enamul Haq (Md) Vs. Jatiyo Bishwabiddalay and others, 2007, 36 CLC (HCD)

.... 3. Besides the above educational qualifica­tions, the petitioner completed an 11 years Dawratul Hadith Course from Madrasah Muhammadia Arabia in "Dhaka but it was not in any way a course for public examination under any Board or University. The Dawratul Hadith Course is a religious course i......thority having no legal effect. The petitioner be allowed to join in a permanent post of Lecturer in Arabic. There is no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 556. ..

Category: Employment/Service Law | Date: | Hits: 65

Bura Yunus and others Vs. State, 2007, 36 CLC (HCD)

....ccused. The learned Assistant Judge overlooked this provision of law and unnecessarily wasted Court's valuable time in holding trial of two cases. Similarly, the investigating officer (PW 14) and the public prosecutor failed to point out this defect and wasted their energy twice, which could have be...... the charge under section 399 of the Penal Code. The appellants be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 59 DLR (2007) 549...

Category: Criminal Law | Date: | Hits: 90

Shafique Ullah (Md) Vs. Chairman, Rupali Bank Ltd. and others, 2006, 35 CLC (HCD)

....onviction in criminal case under section 3 of the Public Servant (Dismissal on Conviction) Ordinance, 1985, after acquittal in appeal he could claim reinstate­ment in the service. But he not being a public servant that law is not applicable for him. There is no legal bar in drawing departmental pro......e Appeal No. 621 of 2000 is hereby affirmed. Send down the lower Court's records at once with a copy of this judgment for information. Ed. This Case is also Reported in: 59 DLR (2007) 546...

Category: Criminal Law | Date: | Hits: 29

Mahmudur Rahman and another Vs. Bangladesh Bank and others, 2006, 35 CLC (HCD)

....any which is his স্বার্থ সংশ্লিষ্ট প্রতিষ্ঠান" "A" স্বার্থ সংশ্লিষ্ট প্রতিষ্ঠান" is a public limited company where the alleged defaulter borrower is either a director or has 25% shares t......d to have been made without lawful authority and is of no legal effect There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 540; 13 MLR (HCD) (2008) 353. ..

Category: Banking Law | Date: | Hits: 124

Dr. Md. Golam Hossain Vs. Bangladesh and others, 2007, 36 CLC (HCD)

....…………………………Petitioner Vs. Bangladesh and others……………………………Respondents Judgment May 3, 2007. Cases Referred To- Government of the People's Republic of Bangladesh vs. SM Fariduddin 21 DLR (AD) 155; Dr. Md. Mominul Haq vs. Secretary, Ministry ......s the Rule having no merit fails. In the result, the Rule is discharged without any order as to cost. Communicate the order at once. Ed. This Case is also Reported in: 59 DLR (2007) 533. ..

Category: Employment/Service Law | Date: | Hits: 89

Tahmid Ahmed Vs. Jalaluddin Jaffar Ali Hussain, 1999, 28 CLC (HCD)

....ctor. Matter No.150 of 1997. Judgment Md Joynul Abedin J. - This is an application seeking direction on the petitioner Tahmid Ahmed, a share holder-director of The Bengal Glass Works Ltd, a public limited company (hereinafter called ‘the Company’) to hold Annual General Meetings of the......n accordance with law. The application is, therefore, allowed. Costs of the Objector to be paid out of the assets of the Company. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 141...

Category: Company Law | Date: | Hits: 222

Md. Alamgir Hossain and others Vs. Bangladesh Bank, repre­sented by the Governor and others, 2009, 38 CLC (AD)

....for setting aside the impugned order dated 30.10.2003. 3. Mr. Abdur Rob Chowdhury, learned Counsel, appearing for the petitioners submitted that the petitioners as employees of Bangladesh Bank are public lie servant within the meaning of the Public Servants (Retirement) Act, 1974 and they had rig...... instead of resorting to the shortcut pro­vision of rule 13(ii) of the Regulations, 2003. Accordingly, the petitions are dis­posed of. Ed. This Case is also Reported in: VII ADC (2010) 799. ..

Category: Administrative Law | Date: | Hits: 215