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ABM Quabil Ahmed Vs. Bangladesh, 1991, 20 CLC (AD)
....nce of the petitioner that impelled him to file this petition. We find no substance in this petition and it is, accordingly, dismissed. Stay granted by this Court earlier is vacated. Ed. ...... delivering this dissenting judgment in Court sitting with my learned brother in presence of the learned Advocates of both the parties." 5. In ordinary course of Court's business a dissenting judgment is delivered immediately after the main judgment. It is desirable th..Category: Procedural Law | Date: | Hits: 128
Karachi Stock Exchange Vs. Kurban Ali M. Merchant and others, 1973, 2 CLC (AD)
.... the present case, created by rule 3(iv) of Forward Contracts Rules of the Exchange, viz. that it amounts to a 'floating security'. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 82. ......ication was made for an order to restrain the defendant from realizing a sum of Rs. 15,000 held in deposit on her account by the Karachi Stock Exchange Limited. The deposit was described as a forward business deposit. The application was resisted, but on the 7th February 1961, a learned Single Judge..Category: Business or Commercial Law | Date: | Hits: 74
M/s. A. K. Khan Plywood Co., Chittagong Vs. Commission of Income Tax, East Pakis, 1973, 2 CLC (AD)
....urt is set aside. I would, however, leave the parties to bear their own costs. H. Rahman CJ.—I agree. M. R. Khan J.—I agree. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 65. ......e Tax Act, 1922, second proviso to section 10(2)(vii) The transaction between a firm composed of two partners and a limited company of which the said two partners are only shareholders, was not a business transaction entered into with the object of earning a profit. By forming a private limited ..Category: Fiscal/Taxation Law | Date: | Hits: 82
Sri Monmotha Nath Kuri Vs. Mvi Mohammad Mokhlesur Rahman and others, 1973, 2 CLC (AD)
.... raise the same in the execution proceedings. As the question of law raised is one of first impression we make no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 49. ......ground that she being without any children was no longer in need thereof. The plaintiff No. 1 also claimed that he had suffered pecuniary loss as a result of his failure to pay due attention to his business of ''Lucky Store" due to his grief over the loss of his only child. 3. The deceased gir..Category: Others | Date: | Hits: 124
Chaudhury Muhammad Khan Vs. Sanaullah and others, 1973, 2 CLC (AD)
....the order dated 31st July, 1970, of the High Court granting bail to the respondent No. 1. He shall surrender to his bail bond forthwith. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 45 ......cross-examination of Mohammad Khan, complainant, could not be completed. On 27-9-1969 the case was adjourned without any proceedings as one of the defence counsels wanted to attend to some personal business. On 9-12-1969 Sanaullah, son of Allah Ditta, accused, did not appear as he was to appeal in..Category: Criminal Law | Date: | Hits: 96
Major Syed Walayat Shah Vs. Muzaffar Khan, 1973, 2 CLC (AD)
....ourt. The appeal is accordingly, dismissed but having regard to the facts and circumstances of the case we make no order as to costs; Ed. This Case is also Reported in: 25 DLR (SC) (1973) 5. ......bsp; be a displaced person for the purposes of the Act if at the time when Partition of British India took place in August 1947 he had to leave the place where he was at that time doing business and he would have continued to do business if he had not to leave it beca..Category: Property Law | Date: | Hits: 61
M/S. Bulbul Electric Market and others Vs. Rupali Bank Ltd. and another, 2006, 35 CLC (AD)
....dings and decisions arrived at by the High Court Division and as such the impugned judgment does not call for our interference. 8. This petition is therefore dismissed. Ed. ......dings and decisions arrived at by the High Court Division and as such the impugned judgment does not call for our interference. 8. This petition is therefore dismissed. Ed. ..Category: Banking Law | Date: | Hits: 112
Bangladesh Biman Corporation & others Vs. Md. Yousuf Haroon & others, 2002, 31 CLC (AD)
....d without any order as to cost. Order of the Court By a majority decision the appeals are allowed without any order as to cost. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 161. ......rs and functions may be exercised or performed by the Managing Director. Under section 8 of the Ordinance subject to the Rules and Regulations general direction and superintendence of the affairs and business of the Corporation shall vest in the Board of Directors. In the writ petitions respective p..Category: Employment/Service Law | Date: | Hits: 186
Hyundai Corporation Vs. Sumikin Bussan Corporation & others, 2001, 30 CLC (AD)
....he High Court Division. In aforestated view of the matter this petition is dismissed with the observations made hereinbefore. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 88. ......irection is made to the Chittagong Port Authority that would amount to stepping into by the Court in the domain of the decision making authority and interference in the matter of running the domestic business of the Chittagong Port Authority. This submission of the learned Counsel entering caveat fo..Category: Others | Date: | Hits: 130
BRAC and others Vs. Professor Mozaffar Ahmed and others, 2002, 31 CLC (AD)
....se appeals. Accordingly, the same are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 36. ......n of the Executive Council of BRAC with the effect that BRAC Bank Limited is, in reality, composed of BRAC itself. If BRAC, a registered society, is allowed to own, control, manage and operate, the business of banking in violation of the terms and conditions and laws of incorporation there will b..Category: Constitutional Law | Date: | Hits: 199
Commissioner of Taxes, Dhaka (South) Zone, Dhaka Vs. Ujala Match Factory, 2002, 31 CLC (AD)
.... The appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 23. ......condition of profit as laid down in section 10(2)(X) should not be deemed to have been amply satisfied. We will thus conclude that bonuses as in the cases of the appellant-company are allowable business expenditure within the meaning of section 10(2) of the Act and they shall be allowed as s..Category: Fiscal/Taxation Law | Date: | Hits: 66
M/S. Noor Crokaries and another Vs. Islami Bank Bangladesh Ltd. and others, 2006, 35 CLC (AD)
....ourt Division has rightly passed the impugned order and no interference is called for. In the aforesaid, premises, we find no merit in this petition and accordingly, it is dismissed. Ed. ......as that the petitioner No. 1 is a trading institution and defendant-petitioner No.2 is the proprietor, the defendant-petitioner Nos. 3 and 4 are the sureties and that petitioner No.2 while starting business opened Current Account No.8144 in the name of petitioner No.1 with Islami Bank Bangladesh..Category: Banking Law | Date: | Hits: 120
Md. Yousuf Ali Vs. Kazi Syed Shamsul Hoque and others, 2006, 35 CLC (AD)
....n cannot be sustained and so the appeal should be allowed. 22. The appeal is, therefore, allowed. In the facts and circumstances we direct the parties to bear their own costs. Ed. ...... vehicles in two more regions lying in different States, the application shall be made to the Regional Transport Authority of the region in which the applicant resides or has his principal place of business." 14. The matter taken to the court Singh, J. observed:- "5...Category: Constitutional Law | Date: | Hits: 178
Md. Anarul Islam and others Vs. State and another, 2006, 35 CLC (AD)
....he company may proceed against the accused-appellants for the allegations in the petition of complaint in the appropriate forum and in accordance with law. Ed. This Case is also Reported in: ......ction 561A The Penal Code (XLV of 1860), Sections 406 & 420. A partner can not be alleged to have misappropriated or cheated when an amount was entrusted to the accused for the partnership business. The Managing Director and Director of the Company not depositing the remittance with the a..Category: Criminal Law | Date: | Hits: 50
A. R. A. Jute Mills Limited Vs. Janata Bank and others, 2006, 35 CLC (AD)
....t the High Court Division correctly decided the matter and as such it does not call for our interference. 24. In view of the discussion made above, the petition is dismissed. Ed. ......t the High Court Division correctly decided the matter and as such it does not call for our interference. 24. In view of the discussion made above, the petition is dismissed. Ed. ..Category: Banking Law | Date: | Hits: 121
Md. Habibur Rahman Vs. M/S. Uttara Bank Ltd., 2005, 34 CLC (AD)
....our discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) 59. ......and belonging to the appellant. 11. The contention of the appellant is that Respondent No.1 Uttara Bank Limited, Head Office at Motijheel Commercial Area, Dhaka is a corporate body and carries on business in different areas outside Dhaka as such suit filed by the appellant in Dhaka was very much..Category: Civil Law | Date: | Hits: 130
Al-haj Mohammad Seraj-ud-Dowla and others Vs. The Secretary, Ministry of works, 2006, 35 CLC (AD)
....ommitted any error or illegality and no case for interference by this Division has been made out, we find no merit in the petition for leave to appeal. Accordingly, it is dismissed. Ed. ......struction plan from the then D.I.T. and completed a One storied building giving foundation of 10(ten) storied building in the said property; that thereafter Abdul Khaleque Bain started partnership business with plaintiff No. 1 in the said building and thus plaintiff No. 1 came into physical poss..Category: Property Law | Date: | Hits: 54
Jamal Soap Factory, Narayanganj Vs. Commissioner of Income Tax, Dacca Zone, Dacca, 1980, 9 CLC (AD)
....ent of M/s Jamal Soap Factory, Narayanganj for the Assessment year 1960-61". 2. The material facts which led to making of the reference are that: The Assessee was assessed of the income of the jute sec-tion for the period of 1365 B.S. and the Income-Tax Officer considered that the correct a......where in respect of a business, profession or vocation newly set up an assessee has exercised the option under sub-clause (c). He shall not in respect of that source or, as the case may be, business, profession or vocation exercise the option given by this sub-clause, so as to vary t..Category: Fiscal/Taxation Law | Date: | Hits: 78
Siddique Ahmed Chowdhury & others Vs. Gani Ahmed and others, 1979, 8 CLC (AD)
....is is a question of fact and hardly arises in this appeal by special leave. For the foregoing reason, we dismiss the appeal with costs. Ed. This Case is also Reported in: 33 DLR (AD) 1. ...... was held by the Privy Council that where a pardanashin lady, lying apart from her relations and natural advisers, makes a deed in favour of a person who has, on some occasions, acted as her man of business, the strongest proof ought to be given by him that the transaction was a real and bona fide..Category: Property Law | Date: | Hits: 53
M.V. Aghia Thalassini and others Vs. Abu Bakr Siddique and others, 1980, 9 CLC (AD)
....uch discretion cannot be exercised. There is the end of the matter. In the result, therefore, this appeal is dismissed with costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 107 ......e Admiralty Suit for a decree for Tk. 54,43,567/00 as damages for delaying the carriage of goods and other causes. 2. Facts in short are Respondent No. 1 is the Proprietor of A.M. Traders to carry business of import and export. Appellant No. 1 is the Panamian Vessel and Appellant No. 2 and 3 are ..Category: Business or Commercial Law | Date: | Hits: 89