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Safi Uddin Vs. District Judge, Dhaka & others, 2012, 41 CLC (AD)
....the defendant, American Express Bank Ltd, (it was not made a party in the writ petition as already stated hereinbefore) is a Banker within the meaning of section 3(b) of the Act, 1881 transacting the business of accepting deposit of money from the public payable on demand and withdrawal by order; ac...... Vs. District Judge, Dhaka & others.......Respondents Judgment July 8, 2012. Result: The petition is dismissed. Lawyers Involved: Safi Uddin, in person -For the Petitioner. Syed Shaheed Hossain, Advocate, instructed by Md. Zahirul Islam, Advocate-on...... the impugned judgment and order calling for interference by this Division. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 183. ...... the impugned judgment and order calling for interference by this Division. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 183. ..Category: Civil Law | Date: 8 Jul, 2012 | Hits: 108
Ancient Traders Limited and others Vs. Chittagong Port Atuthority, 2012, 41 CLC (HCD)
....ling a supplementary affidavit the petitioners further contended, inter-alia, that the nature of operation of Stevedoring/Shore Handling Contractor in the Chittagong Port is as follows: The business of loading and discharging cargo/container in Chittagong Port (which is now known as “b......in: ......of the leader operator and worked as associated members of Berth No. 8, 7, 9 and 05 respectively as such, they should be debarred from challenging the introduction of the impugned system finally incorporated in the said SRO. He further submits that the impugned notification has been made by the ......and hence, have legal effect. In the result, the Rule is discharged. There will be no order as to costs. Abdur Rob J. - I agree. Ed. This Case is also Reported in: ..Category: Others | Date: 21 Jun, 2012 | Hits: 20
Abul Kashem Vs. Major General Mahmudul Hasan (Rtd.) and others, 2012, 41 CLC (AD)
.... Civil Procedure. In the light of the above, no interference is called for. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 160. ...... the above, no interference is called for. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 160. ...... Civil Procedure. In the light of the above, no interference is called for. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 160. ...... Civil Procedure. In the light of the above, no interference is called for. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 160. ..Category: Election Law | Date: 5 Jun, 2012 | Hits: 217
Grameen Telecom Vs. Commissioner of Taxes, 2012, 41 CLC (HCD)
....sment year 1998-1999). 2. The assessee-applicant is a private company by guarantee incorporated under section 28 of the Companies Act, 1994. The assessee-applicant has been carrying on business of selling imported Nokia cellular handsets to the Grameen Phone Limited, another company. ......ke step under section 161(2) of the Income Tax Ordinance, 1984. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 241 ......by the Taxes Appellate Tribunal, Division Bcnch-3, Dhaka in Income Tax Appeal No.6389 of 2000-2001 (Assessment year 1998-1999). 2. The assessee-applicant is a private company by guarantee incorporated under section 28 of the Companies Act, 1994. The assessee-applicant has been carryin......istrar, Supreme Court of Bangladesh is directed to take step under section 161(2) of the Income Tax Ordinance, 1984. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 241 ..Category: Fiscal/Taxation Law | Date: 3 Jun, 2012 | Hits: 4
Mehedi Hasan @ Modern (Md.) and others Vs. State, 2012, 41 CLC (AD)
....clared her dead. In the meantime, the local people arrested the appellants while they were fleeing away and handed them over to the police. At the time of occurrence, the P.W. was engaged in his business establishment, Hasan Traders near Bara mosque at Gaibandha town. On being informed by maid,......;…………………………….............Respondent Judgment June 3, 2012. Result: The appeal is allowed in part by majority decision. Death Reference No.44 of 2002 heard analogously with Criminal Appeal No.29......000 each in default to suffer rigorous imprisonment for 3(three) months more. The Jail Petition is disposed of accordingly. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 111. ......000 each in default to suffer rigorous imprisonment for 3(three) months more. The Jail Petition is disposed of accordingly. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 111. ..Category: Criminal Law, Women and Children | Date: 3 Jun, 2012 | Hits: 30
Bangla Phone Limited Vs. Huawei Tech Investment Ltd. and another, 2012, 41 CLC (HCD)
....f by this judgment. 2. The petitioner is Bangla Phone Limited is a Bangladeshi company while the respondent Huawei Tech Investment Limited is a company incorporated in Hong Kong and engaged in the business of development, production and marketing of electronics and communication equipments. The p...... the petitioner may be finally adjudicated by the SIAC Arbitration. However, there shall be no order as to costs. This Case is also Reported in: ...... by the respondent No.2 and now disposed off by this judgment. 2. The petitioner is Bangla Phone Limited is a Bangladeshi company while the respondent Huawei Tech Investment Limited is a company incorporated in Hong Kong and engaged in the business of development, production and marketing of elec......the service rendered by the respondent company to the petitioner may be finally adjudicated by the SIAC Arbitration. However, there shall be no order as to costs. This Case is also Reported in: ..Category: Arbitration Law | Date: 3 Jun, 2012 | Hits: 61
.... No.৪র্থ/এ(১২)৩২০/মূসক/পিএইচপি/গ্লাস/০৩/৮৪২৪-২৬ dated 3-9-2005. Accepting the said approved price the petitioner continued its business sincerely.
4. In the meantime the price of the raw material being reduced to a conside....... Vs. Chairman National Board of Revenue, 60 DLR 287 and Commissioner of Customs, Excise and VAT Vs. Customs Excise and VAT Appellate Tribunal, 8 BLC 329.
Lawyers Involved:
MA Hannan—For the Petitioner.
Israt Jahan Assistant Attorney-General—For the Respondents.
Writ ...... from the date of receipt of a certified copy of this judgment and order.
Communicate this judgment and order at once.
Ed.
This Case is also Reported in: 65 DLR (HCD) (2013) 478
...... from the date of receipt of a certified copy of this judgment and order.
Communicate this judgment and order at once.
Ed.
This Case is also Reported in: 65 DLR (HCD) (2013) 478
..
Category: Fiscal/Taxation Law | Date: 30 May, 2012 | Hits: 3
Government of Bangladesh and others Vs. Nurul Amin and anothers, 2012, 41 CLC (AD)
.... ten thousand only) to the detenue in Writ Petition No.3489 of 1999 to be paid by the Writ Respondent No. 2 are hereby set aside. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 352 ......which may include the, power to award compensation in appropriate cases. The power of the High Court Division under Article 102 is very wide and is not fettered by any legal constaints in the enforcement of the fundamental rights inasmuch as the High Court Division powers to issue such directio...... ten thousand only) to the detenue in Writ Petition No.3489 of 1999 to be paid by the Writ Respondent No. 2 are hereby set aside. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 352 ......hat may be appropriate in a given case for the enforcement of fundamental rights and further under Article 226 for any other purpose which will include the enforcement of public duties by public bodies. Under Article 32(1) of the Indian Constitution right to move the Supreme Court for enforceme..Category: Constitutional Law | Date: 29 May, 2012 | Hits: 5
Aqua Culture Farms Limited Vs. Registrar of Joint Stock Companies and Firms, 2012, 41 CLC (HCD)
....oan which may be availed by the company. 3. The learned Advocate Mr. A.K.M. Fazlul Hoque, further submits that in order to make the company vibrant the Board of Director resolved to adopt new business venture. Moreover to get finance from the loan giving agency the company is required to m...... petitioner accordingly. Ed. This Case is also Reported in: ......he office is directed to inform the learned Advocate of the petitioner accordingly. Ed. This Case is also Reported in: ......he office is directed to inform the learned Advocate of the petitioner accordingly. Ed. This Case is also Reported in: ..Category: Company Law | Date: 28 May, 2012 | Hits: 32
Advocate Murshedur Rahman Chowdhury Vs. Bangadesh and others, 2012, 41 CLC (HCD)
....an application which does not call for issuance of rule and do reject the application summarily. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 63 & 69 ......(Bern Bari) 26 DLR (AD) 44; Dr. Mohiuddin Farooque Vs. Bangladesh, Ministry of Irrigation, 49 DLR (AD) 1. Lawyers Involved: TH Khan, AKM Fakrul Islam and Md. Mostafa Kamal, Advocates—For the Petitioner. Mahbubey Alam, Attorney-General Md. Motahar Hossain (Saju), DAG with Samaren......an application which does not call for issuance of rule and do reject the application summarily. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 63 & 69 ......igation is Dr. Mohiuddin Faroque’s case [49 DLR (AD), which expanded the then existed restricted view of locus standi. Even after such expansion, our Appellate Division cautioned about the busy-bodies of this Court who might come up with frivolous applications under the garb of public interest..Category: Constitutional Law, International Crimes Tribunal Law | Date: 13 May, 2012 | Hits: 6
Md. Shahidul Islam Vs. State and another, 2012, 41 CLC (HCD)
.... where a Division Bench of the High Court Division held: that "when there is no inducement or entrustment in respect of the money which on face of the allegation in the F.I.R. is loan taken for the business purpose, the failure to repay the loan money or refusal thereto, does not constitute offe...... In quashing a criminal proceeding, the court is to consider only the prima facie case against the accused. Any case which is false, collusive and concocted and brought out of enmity in order to materialize the revenge against the accused petitioner cannot be entertained…………......e, cognizable Court No.1 Pabna is hereby quashed. Send a copy of this judgment to the concerned Court immediately. Ed. This Case is also Reported in: 20 BLT (HCD) (2012) 545. ......e, cognizable Court No.1 Pabna is hereby quashed. Send a copy of this judgment to the concerned Court immediately. Ed. This Case is also Reported in: 20 BLT (HCD) (2012) 545. ..Category: Criminal Law | Date: 13 May, 2012 | Hits: 6
....
d) Staff salary at the rate of Taka 1, 60,000 from 3-4-2007 till the date of award.
e) Time costing at the rate of 1, 00,000 from 3-4-2007 till the date of award.
f) For the loss of future business- Taka 10, 00, 00,000.
g) For the loss goodwill Taka 5, 00, 00,000.
h) Cost of men......CD) (2013) 194.
...... as to costs.
Send down the LCRs along with a copy of the judgment to the Court below immediately.
Ed.
This Case is also Reported in: 18 BLC (HCD) (2013) 194.
...... as to costs.
Send down the LCRs along with a copy of the judgment to the Court below immediately.
Ed.
This Case is also Reported in: 18 BLC (HCD) (2013) 194.
..
Category: Arbitration Law | Date: 10 May, 2012 | Hits: 16
Dr. Moos Bin Shamsher Vs. Ayub Ali and others, 2012, 41 CLC (HCD)
.... Zaher Ahmed Vs. Manik Sardar, 53 DLR (AD) 63 wherein it is held that "The landlord is under legal obligation to prove that he needs the premises for bona fide requirement. Expansion of existing business run in a shop room adjacent to the room let out constitutes bona fide requirement." In......llant Vs. Ayub Ali and others..........................Plaintiff-Respondents Judgment May 7, 2012. Result: The appeal is dismissed. Whether Tenant Can Restrain Landlord Permanently from Evicting by Challenging the Title- It is settled principle of law that ten...... 2009 is accordingly discharged. Send down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 99. ...... 2009 is accordingly discharged. Send down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 99. ..Category: Contract Law, Tenancy Law | Date: 7 May, 2012 | Hits: 7
Professor Muhammad Yunus and another Vs. Bangladesh, 2012, 41 CLC (AD)
....ve observations. The parties would bear their respective costs. Ed. This Case is also Reported in: VIII ADC (2011) 834, 17 MLR (AD) (2012) 121, 64 DLR (AD) (2012) 152 ...... Khairul Haquc CJ Md. Muzammel Hossain J Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Professor Muhammad Yunus..................Petitioner (In Civil Petition No.640 of 2011) Rahima Begum a......ve observations. The parties would bear their respective costs. Ed. This Case is also Reported in: VIII ADC (2011) 834, 17 MLR (AD) (2012) 121, 64 DLR (AD) (2012) 152 ......; (salary), and would also be provided with pension, gratuity along with other benefits as per prevailing rules. Pension benefits are given to the employees of the Government and other statutory bodies including a bank. Clause 2(P) defines ’কর্মী’ (worker/employee) me..Category: Banking Law | Date: 5 May, 2012 | Hits: 220
Rajuk Karmachari Bahumukhi Samabaya Samity and another Vs. M/s Al-Razib Traders, 2012, 41 CLC, (HCD)
....as Arbitration Miscellaneous Case No.477 of 2010. The case of the 1st Party before the learned District Judge is that; a. That the 1st party is a bonafide contractor doing construction business and the second party is the registered Cooperative Society of the Rajuk Employees......ellip;……..............Opposite-Party Judgment May 3, 2012. Result: The Rule is discharged. District Judge not amenable to the High Court Division No appeal or revision lies against an order passed by the District Judge in an arbitration case as per provisi......ontractor/Developer and agreement was executed in that behalf and a power of attorney was executed in favour of the 1st party. Subsequently by amending the agreement the arbitration clause was incorporated. d. Thereafter, a new committee of the second party was elected and in the Extra-Ord......py of this judgment. Send a copy of this judgment to the Court of the learned District Judge as expeditiously as possible. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 285. ..Category: Arbitration Law | Date: 3 May, 2012 | Hits: 18
Sarwar Kamal Vs. State, 2012, 31 CLC (HCD)
....stry of Home Affairs and Secretary Ministry of Law Justice and Parliamentary Affairs for their appraisal and future guidance. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 329. ......inal Bench of the High Court Division in deciding Constitutional matters The Court cannot fold its hand in despair and declare 'judicial hands off'. So long as the question arises whether an authority under the Constitution has acted with the limit of its power or exceeded it or the power has b......stry of Home Affairs and Secretary Ministry of Law Justice and Parliamentary Affairs for their appraisal and future guidance. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 329. ......stry of Home Affairs and Secretary Ministry of Law Justice and Parliamentary Affairs for their appraisal and future guidance. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 329. ..Category: Criminal Law | Date: 25 Apr, 2012 | Hits: 98
Monsur Hossain (Md.) Vs. Rahima Khatun and others, 2012, 41 CLC (HCD)
....o remitted received back) was marked as Exhibit 'Kha'/1. Another agreement dated 27-11-1989 executed by the defendant as well as co-tenant Hamida Khatun transferring the share of later in the business in favour of the defendants was marked as Exhibit "Ka"/1. Chalan showing deposit ......anik Sardar, 6 MLR (AD) 44; Khatoon Vs. Ajijur Nessa 6 BLC (AD) 115; Shambhnath Vs. Alfajuddin 41 DLR (AD) 27. Lawyers Involved: Abdul Wadud Bhuiyan with Syed Mokaddas Ali, Advocates—For the Petitioner. No one appears—For the Opposite-Parties. Civil Revision No.1304 o......ecord by the trial Court failing which the plaintiff would be at liberty to execute the decree as per law. Record be send down. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 207. ......ecord by the trial Court failing which the plaintiff would be at liberty to execute the decree as per law. Record be send down. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 207. ..Category: Property Law | Date: 12 Apr, 2012 | Hits: 6
Commissioner of Customs Vs. Faridul Alam, 2012, 41 CLC (AD)
.... 3. In the writ petition, the averments were made, inter alia, that the petitioner is a partner of a "partnership proprietary firm" in the name and style "M/s Champa Steel Mills” dealing with the business as supplier (Mfg.) and importer of MS Product/Sheet having TIN No. 313303233 and VAT regis...... Faridul Alam..................................Respondent Judgment April 11, 2012. Result: The appeal is allowed. Lawyers Involved: SM Moniruzzman, Deputy Attorney-General, instructed by Md. Zahirul Islam Advocate-on-Record—For the Appellants. Sufia ....... Accordingly, the appeal is allowed. The impugned judgment and order is set-aside. There will be no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 133. ....... Accordingly, the appeal is allowed. The impugned judgment and order is set-aside. There will be no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 133. ..Category: Fiscal/Taxation Law | Date: 11 Apr, 2012 | Hits: 9
Momtaj Ali @ Babul Vs. Md. Shamsul Huda, 2012, 41 CLC (AD)
....six) months more. The concerned Jail Authority is directed to shift the appellant to the convict wards from the death cell. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 122. ......not be used as substantive piece of evidence FIR is the earlier version of the prosecution case and the statements made therein can be looked into with a view to find the prosecution story as a whole as set out in the earlier stage Veracity of the testimony of its maker can very ......six) months more. The concerned Jail Authority is directed to shift the appellant to the convict wards from the death cell. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 122. ...... in the verandah told to kill, the injured persons and they all recognized them in the light of electricity. After the lodging of the FIR the police came, prepared the inquest report of the dead bodies and sent the dead bodies to morgue for post mortem, the dead bodies were buried after Asar pr..Category: Criminal Law | Date: 10 Apr, 2012 | Hits: 2
Government of Bangladesh and others Vs. Jamaluddin and another, 2012, 41 CLC (AD)
....e published on 4-2-2010. In the circumstances all these three Civil Petitions for leave to appeal are dismissed. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 135 ......llip;…………………………… Respondents Judgment April 10, 2012. Result: All the Petitions are dismissed. Opportunity to educational institutions of being heard complying the demand of natural justice. ......e published on 4-2-2010. In the circumstances all these three Civil Petitions for leave to appeal are dismissed. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 135 ......e published on 4-2-2010. In the circumstances all these three Civil Petitions for leave to appeal are dismissed. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 135 ..Category: Constitutional Law | Date: 10 Apr, 2012 | Hits: 13
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