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Hossain Vs. Customs, Excise and VAT Appellate Tribunal and others, 2001, 30 CLC (HCD)
....f the goods as they shipped DOP instead of finishing agent which was contracted to be supplied. On 28-9-2000 the supplier sent a massage to the appellant intimating that due to mistake of the workers some other goods of similar nature, that is DOP, was filled up in the drum instead of finishing agen......racted finishing agent according to the letter of credit or to have the country’s hard-earned foreign currency refunded to the appellant. Ed. This Case is also Reported in: 54 DLR (2002) 193. ......stoms authority ought to accepted the prayer made under section 138 of Customs Act for re-exportation of the goods according to the desire of the supplier in which case nobody could have suffered any loss for, inasmuch as the duty for importing finishing agent has already been paid by the appellant ..Category: Fiscal/Taxation Law | Date: | Hits: 70
Arun Bhowmick & others Vs. Salim Reza & others, 1987, 16 CLC (HCD)
....ury J Arun Bhowmick & others.................Petitioners Vs. Salim Reza & others.................. Opposite Party Judgment November 12, 1987. Result: The Rule is made absolute. Cases Referred to- A.I.R. 1920 (Cal) 467 (ChiranjilIal Ramala Vs. Tulsira Janki Das);......pplication for the issue of a commission for the examination of a witness on the ground of illness is inadmissible in evidence being the worst form of hearsay evidence. The doctor himself should be called in evidence." 15. Relaying on these decisions the learned Advocate for the opposite party ......rder dated 13.9.84 passed by the learned Munsif is hereby restored. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 199. ..Category: Procedural Law | Date: | Hits: 95
Harun-or-Rashid Talukder Vs. District Manager, Pubali Bank, Jamalpur, 1988, 17 CLC (HCD)
....h Bar Council. Thereafter the Bangladesh Bar Council proceeded against the appellant by instituting Case No. 4 of 1983 before the Tribunal No. II. Issues were framed on 11.2.84. The appellant was also permitted to amend certain portions of his reply dated 25.8.83. 3. In the inquiry before the s......who has deposed a word about the talk that the appellant allegedly had with P.W. 2 Sk. Nowsher Ali and defendant Kafiluddin. There is no corroborative evidence regarding the exact terms of the so-called tripartite agreement. D.W. 2 Mahfuzul Hoq Talukder, admittedly a cousin of the appellant and ......achment without permission from the Court then the whole transaction is void. The attached properly is liable to sale notwithstanding the unauthorised purchase. Therefore, the bank has sustained no loss and has incurred no disability at all by the appellant's purchase of the suit property. It's re..Category: Others | Date: | Hits: 72
Asgar Ali & others Vs. Additional Deputy Commissioner, Khulna & others, 1987, 16 CLC (HCD)
.... title and obtained a compromise decree through the Court on 14.7.64. Thereafter his name was mutated in the Record of right and he paid rent to the Government. He had a shop in the suit premises and some portion is in possession of the monthly rentals and defendant No.4 to 10 and 13 are his tenants......ps had occasion also to refer to the decision in Halima Khatoon's case reported in 30 DLR (AD) at page 207 and their Lordships observed :- (11) "We do not feel that any further discussion is called for on the point excepting making some clarification on the decision made in Halima Khatoon...... remand for trial in the light of the observation made herein before. There will be no order as to costs. Send down the records at once. Ed. This Case is also Reported in: 40 DLR (1988) 157. ..Category: Property Law | Date: | Hits: 36
Banesa Bibi Vs. The Senior Vice-President and others, 2009, 38 CLC (AD)
.... Artha Rin Adalat Ain, 2003. The bank put the said property in auction inviting bid through publication of notice in the Daily National newspapers in September, 2004 and the property has been auction sold against Tk. 17,10,000/- and in due course the required sale deed was executed and registered on......Dhaka. 8. In the facts and circumstances, we do not find any merit in the leave petition and hold that the impugned judgment and order has been passed in accordance with law and no interference is called for. The petition is accordingly dismissed. This Case is also Reported in: 63 DLR (AD)......dalat Ain, 2003 and proviso thereof, which provided that in case of an auction sale held illegally or with irregularity, the sale cannot be challenged. However, owner may sue the bank concern for any loss, if suffered because of such illegal or irregular auction sale. The Provision of section 12(8) ..Category: Civil Law | Date: | Hits: 81
Azimul Kabir (Md) Vs. Government of Bangladesh and others, 2001, 30 CLC (HCD)
....Article 102(2)(b)(i) of the Constitution of the People’s Republic of Bangladesh a Rule Nisi was issued calling upon the respondent to show cause why, the detenu Amin Rasul Shagor alias Tokai Sagor, son of Abu Bakar Siddique of village Bauria, PS Shandip, District Chittagong at present 412/A, Ashko......officials to take proper and adequate care and caution to ascertain that there are materials justifying the passing of an order of detention. Ed. This Case is also Reported in: 54 DLR (2002) 189....... is involved in transferring of thousands of dollars to foreign countries. The officers of the Airport are afraid of the detenu and are helpless to deal with the detenu and as a result huge financial loss is sustained by the Government. Besides that, the detenu is responsible for the instability of ..Category: Criminal Law | Date: | Hits: 45
State Vs. Kabel Molla and others, 2002, 31 CLC (HCD)
....sdiction) Present: Md. Abdul Matin J Md. Marzi-ul Huq J State……......................................Appellants Vs. Kabel Molla and ors………………………...Condemned Prisoners Judgment July 27, 2002. Cases Referred To- Pandurang, Tukia and Bhillia Vs. State......kder, the elder brother of the informant Md. Somez Sikder went to Elashin Ghat to buy fish fry and while he was taking tea in the tea-stall of Habibullah at about 8-45 AM the condemned prisoner Chanu called and took Shamsu Sikder towards the east of the ghat and when they reached the land of Megha b......f this judgment be forwarded to the learned Additional. Sessions Judge, First Court, Tangail for taking necessary action according to law. Ed. This Case is also Reported in: 55 DLR (2003) 108. ..Category: Criminal Law | Date: | Hits: 36
....s Development Assistance Society (MIDAS)………. Applicant
Vs.
Commissioner of Taxes.................Respondent
Judgment
April 4, 2001.
Cases Referred To-
All India Spinners’ Association vs Commissioner of Income Tax, Bombay, ITR, Vol. XII 482; Commissioner of Income Tax vs Ra......t.
Application Nos. 8 & 9 of 1997
Judgment
Md. Awlad Ali J.- These two reference applications at the instance of the Micro Industries Development Assistance Society (MIDAS), (hereinafter called the Society) being Reference Application No. 8/97 and Reference Application No. 9/97 arise ou......ncome is earned that is again invested for the purpose for which the society has been established and the criterion to determine whether members of the society is earning any profit and incurring any loss and the same is distributed amongst members of the society, clause 6 of the memorandum of assoc..
Category: Fiscal/Taxation Law | Date: | Hits: 65
Sew Bishar Prasad Vs. Collector of Customs, Chittagong and others, 2001, 30 CLC (HCD)
....ty Attorney-General—For the Respondents. Writ Petition No.1013 of 1995. Judgment Abu Sayeed Ahammed J.- This Rule Nisi has been issued at the instance of the petitioner Sew Bihari Parsed, sole proprietor of Messers Bangladesh Traders, having his business office at Sena Kallyan Bhaban, Ro......legal effect. The Customs authority, therefore, is directed to affix the value of the goods in question under section 25(1) of the Customs Act according to the normal value of the goods which is also called market value as incorporated in the bill of entry and the invoice. The Commissioner of Cus......ase the bank guarantees furnished by the petitioner in terms of the Rule within 15 days from the date of receipt of this order. No costs. Ed. This Case is also Reported in: 54 DLR (2002) 173. ..Category: Fiscal/Taxation Law | Date: | Hits: 83
....urt
High Court Division
(Civil Revisional Jurisdiction)
Present:
Md. Fazlul Haque J
NK Chakravartty J
Rajdhani Unnayan Kartripakkha (RAJUK)...... Petitioner
Vs.
MN Alam and Associates Ltd. and another………..Opposite parties
Judgment
November 18, 2001.
Cases Re......ection 14(2) of the Arbitration Act, and submitted that the plaintiff did not at all comply with the provision of law and did not file any document whatsoever and accordingly, the original record was called for and received by this Court and scrutinised thoroughly by both sides.
12. Admittedly, t...... and order of the trial Court are affirmed. We direct that the parties will bear their own costs.
Send down the LCR, if any, immediately.
Ed.
This Case is also Reported in: 54 DLR (2002) 161...
Category: Alternative Dispute Resolution | Date: | Hits: 196
Barrister Ziaur Rahman Khan Vs. Government of Bangladesh and others, 1999, 28 CLC (HCD)
....petitioner has been elected as Member of Parliament from the Bangladesh Nationalist Party (BNP) from Dhamrai constituency on three successive occasions. As a Member of Parliament, the petitioner is also the adviser of the Thana Sammonnoy (co-ordination) committee which holds meetings once every mont......they are not binding upon the respondent No.4, and, the latter is not bound to consult the local member of Parliament in convening meetings of Thana Parishad co ordination committee, other than those called for disaster management. Then again, Annexures A and C speak only of member of Parliament whi......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)
....y with an authorised capital of Taka 20,00,00,000.00 (taka twenty crore) divided into 20,00,000 (twenty lac) ordinary shares of Taka 100.00 (taka one hundred) each, The Company has 17 (seventeen) sponsor share-holders. The petitioner is the representative director of one of the said sponsor-sharehol......Joynul Abedin J .- This is an application under section 43 of the Companies Act,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 compa...... by rectifying its register of members. In view of the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 160. ..Category: Company Law | Date: | Hits: 203
Nazim Habibuzzaman Vs. World Bank & others, 2001, 30 CLC (HCD)
....r the suit, the suit was not maintainable. 4. We have gone through the plaint of this suit. It appears that it is a suit for damages and compensation filed on behalf of the plaintiff but how he personally suffered damages and what are those damages is not mentioned any where in the four corners o......long plaint. In a suit for damages, the plaintiff is required to give specific instance of damages suffered by him, in details and the exact loss caused to him for which the defendant is liable to be called upon to answer his demand. Paragraph Nos. 26 and 27 of the plaint are as follows: “26. T...... not mentioned any where in the four corners of the fairly long plaint. In a suit for damages, the plaintiff is required to give specific instance of damages suffered by him, in details and the exact loss caused to him for which the defendant is liable to be called upon to answer his demand. Paragra..Category: Others | Date: | Hits: 79
State Vs. Al Hasib Bin Jamal alias Hasib and five others, 2007, 36 CLC (HCD)
....e Defence Lawyer)—For Absconding-Convicts (sentenced to deaths). Md. Khurshid Alam Khan with Fazlur Rahman Khan Farid, Waliur Rahman and Mohammad Majibur Rahman, Advocates—For the Condemned-Prisoner Abu Tahar @ Taha, Appellant in Criminal Appeal No. 154 of 2004. Habibul Islam Bhuiyan with ......er time of disclosing to him what he had heard and saw in Bhuiyan Mansion. He did never say to the investigating officer the same. On 26-8-2000 when he was going to bring blood, the Officer-in-charge called him, but at that time he was in no mental position to talk with him. He went out for collecti......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)
....ায়ারুল ইসলাম আদালত বদলি। পঃতাঃ ২-৮-০৬ ইং 6. It appears from the cause title of the Rule petition that the accused persons were described written by hand and not typed as "present in Court". From the prayer portion of ...... these decisions held that a fugitive from justice has no protection of law. All these factum led us to the conclusion that the petitioners were fugitive at the time of obtaining Rule. This is called a fraud practiced upon the Court. Had this fact been known to the Rule issuing Court, then th......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
Commissioner of Taxes Vs. Prime Bank Ltd., 2007, 36 CLC (HCD)
....Commissioner of Taxes against the impugned order dated 19-12-2001 of the Taxes Appellate Tribunal, which set aside the order 10-9-2000 passed by the Inspecting Additional Commissioner of Taxes adding so-called capital loss of Taka 18,15,67,643 to the total income of the respondent assessee and resto......missioner of Taxes against the impugned order dated 19-12-2001 of the Taxes Appellate Tribunal, which set aside the order 10-9-2000 passed by the Inspecting Additional Commissioner of Taxes adding so-called capital loss of Taka 18,15,67,643 to the total income of the respondent assessee and restored......xes against the impugned order dated 19-12-2001 of the Taxes Appellate Tribunal, which set aside the order 10-9-2000 passed by the Inspecting Additional Commissioner of Taxes adding so-called capital loss of Taka 18,15,67,643 to the total income of the respondent assessee and restored that of the De..Category: Fiscal/Taxation Law | Date: | Hits: 82
Integrated Services Ltd. Vs. Commissioner (Current Charges), Customs and others, 2007, 36 CLC (HCD)
....nt Md. Abdur Rashid J.- In the above Rule Nisi, the letter dated 24-10-2004 issued by one Assistant Commissioner, respondent No. 3 (Annexure-R) directing the petitioner to appear before him for personal hearing was challenged. 2. The facts and circumstances, in which the Rule was obtained, in ......agreement dated 15-6-2004 that TRI shall transfer its shares in the Company to the petitioner ISL and thereafter, the petitioner shall transfer 100% shares of the Company to an Egyptian Telecom giant called Orascom Telecom Limited. Said settlement was followed by a supplementary agreement dated 28-8......tained stamps mainly on the apprehension that the detained stamps would be of no use today to the petitioner and the entire amount spent for purchase of the stamps would be wasted together with the loss of time, energy and cost of litigations. 24. As stated hereinabove that on 29-8-2004 th..Category: Business or Commercial Law | Date: | Hits: 178
Sylhet Gas Fields Ltd. Vs. Chairman, 2nd Labour Court and another, 2007, 36 CLC (HCD)
....he learned Advocate has argued that section 34 of the Industrial Relations Ordinance is meant for enforcement of any right guaranteed or secured by or under any law. The learned Advocate has argued also that the punishments which were imposed on the respondent No. 2 were all in conformity with secti......ischarged on contest without any order as to cost. The stay order passed at the time of issuance of the Rule stands vacated. Ed. This Case is also Reported in: 59 DLR (2007) 576. ......uilty of misconduct and was inflicted punishments of (1) reduction of basic wages form Taka 2,700 to 2,340 (11) Stoppage of promotion for 3 years and (111) recovery of Taka 25,948.20 being 25% of the loss of Taka 1,03,937 by the respondent No. 2. Against that order of punishment the respondent No. 2..Category: Labour and Industrial Law | Date: | Hits: 114
Oriental Bank Ltd. Vs. Sitara Siddiq, 2007, 36 CLC (HCD)
....of 2002 was recorded in part. In the meantime, petitioner bank on 6-3-2004 filed Artha Rin Suit No. 34 of 2004 in the Artha Rin Adalat, 4th Court Dhaka, against Messrs Pan Asia Carrier, SA Panama and some other foreign companies of Panama and Singapore including Messrs Pan Asia Lines Ltd. Thereafter......ussain Khan, Md Ziaul Haque, Advocates—For the Opposite Party. Civil Revision No. 4105 of 2005. Judgment Md. Arayesuddin J.- At the time of issuance of the Rule, though the LC records were called for, but the same has not yet been arrived. During hearing of the Rule, it was felt that the ......been examined as PW 1 in part, the trial Court is directed to dispose of the suit within three months from date of receipt of the Judgment. Ed. This Case is also Reported in: 59 DLR (2007) 573. ..Category: Civil Law | Date: | Hits: 82
Aziz Hasan and others Vs. Bangladesh, 2007, 36 CLC (HCD)
.... opening letters of credit on different dates but before 20-10-1998 the date when the subsequent Notification being SRO No. 233 came into force. The bills of entry for clearance of said cement were also submitted on different dates before and after said date of subsequent Notification. 4. Pu......ady stated that the bill of entries were submitted before the proviso came in and therefore, it is not applicable. We have already stated that it is neither increasing or decreasing. It can be called a withdrawal of the exemption. So, it is very much within the jurisdiction of the customs 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
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