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Ahmad Ullah Vs. Md. Younus and Ors, 2016, 45 CLC (HCD)
..... To pay the dues, the accused, on 28-7-2009, gave a cheque for Taka 3, 00,000 drawn on Southeast Bank, Agrabad Branch, Chittagong, against account No. CD 1110-001-5616, maintained in the name of his business concern. The complainant deposited the said cheque in his account No. 1210-000-0217 (MSD), ......ellip;……Respondent Judgment February 29, 2016 Result: The Rule is discharged Questions of Facts to be decided by the Trial Court— Questions raised before this court by way of filing this application under section 561A are mainly questions o......e of issuance of the Rule shall stand vacated. Let a copy of the judgment be sent to the court concerned. Ed. This Case is also Reported in: 68 DLR (HCD) (2015) 228 ......e of issuance of the Rule shall stand vacated. Let a copy of the judgment be sent to the court concerned. Ed. This Case is also Reported in: 68 DLR (HCD) (2015) 228 ..Category: Banking Law | Date: 29 Feb, 2016 | Hits: 23
.... or further order or orders passed as to this Court may seem fit and proper.
2. The case of the petitioner, in short, is as follows:
The petitioner is a limited company engaged in the business of running CNG Filling Station and thereby providing service to CNG-run vehicles. However, ......
Judgment
February 1, 2016
Result:
The Rule is disposed of.
Lawyers Involved:
Rokanuddin Mahmud, Mohammed Faridul Islam and Shamsun-nahar, Advocates—For the Petitioner.
Murad Reza, Reja-E-Rabbi Khandaker, Meherunnesa and Md. ......2014 for resolution of the dispute between the petitioner-company and the respondent No.1 through arbitration.
Ed.
This Case is also Reported in: 68 DLR (HCD) (2016) 165
......2014 for resolution of the dispute between the petitioner-company and the respondent No.1 through arbitration.
Ed.
This Case is also Reported in: 68 DLR (HCD) (2016) 165
..
Category: Administrative Law, Constitutional Law | Date: 1 Feb, 2016 | Hits: 3
....out lawful authority and are of no legal effect.
Background Facts:
2. Short facts, relevant for the disposal of the Rule, are that the petitioner, being a limited company, is engaged in the business of manufacturing 100% export oriented high-quality packaging products such as paper cartons......
Principle of Natural Justice—
Since no punishment could be imposed without adhering to the principle of audi alteram partem, the principle of natural justice requiring the concerned authority to issue show cause notice and to accord hearing should be read therein even though there was ......6615010629
12-7-2015
C 1159394
7-11-2015
Ed.
This Case is also Reported in: 68 DLR (HCD) (2016) 197
......6615010629
12-7-2015
C 1159394
7-11-2015
Ed.
This Case is also Reported in: 68 DLR (HCD) (2016) 197
..
Category: Fiscal/Taxation Law | Date: 27 Jan, 2016 | Hits: 0
Ali Ahsan Muhammad Mujahid Vs. The Government of Bangladesh, 2015, 44 CLC (HCD)
....has been affirmed by the Appellate judgment. We do not find any illegality in our Appellate judgment. Hence, the review petition is dismissed. Ed. This case is also Reported in: ...... J Ali Ahsan Muhammad Mujahid…………………………Appellant Vs. The Government of Bangladesh represented by the Chief Prosecutor, International Crimes Tribunal, Dhaka, Bangladesh………………......has been affirmed by the Appellate judgment. We do not find any illegality in our Appellate judgment. Hence, the review petition is dismissed. Ed. This case is also Reported in: ......ary 5, 1972 published a news describing the brutality with the following words: “Al-Badr victims’ Bodies of 4 DU teachers identified. By A Staff Correspondent Four of seven bodies recovered by the police on Tuesday were identified as those of Dacca University teachers Dr. ..Category: International Crimes Tribunal Law | Date: 18 Nov, 2015 | Hits: 111
City Vegetable Oil Mills Ltd Vs. Commissioner, Customs, Excise & Vat and Others, 2015, 44 CLC (HCD)
.... lawful authority and is of no legal effect. Back ground facts in Writ Petition No. 3203 of 2004 4. The petitioner, in this writ petition, is a private limited company and is engaged in the business of producing Edible Oil in the industry located at North Rupshi, Rupgonj, Narayangonj, havi......………..Respondent Judgment August 30, 2015 Result: The Rules are made absolute. Whether the concerned officer can issue direction on the delinquent person for adjustment of current account register or whether the officer can himself do such direct readjust......hout any prejudice to the petitioners to take recourse to relevant provisions of law. Communicate this. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 114 ......hout any prejudice to the petitioners to take recourse to relevant provisions of law. Communicate this. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 114 ..Category: Fiscal/Taxation Law | Date: 30 Aug, 2015 | Hits: 5
Turfatur Ain Chowdhury Vs. Artha Rin Adalat Dhaka and Others, 2015, 44 CLC (HCD)
....alilur Rahman Chowdhury, Roslin Hasan Chowdhury (respondent No. 5) and Talat Jabin Chowdhury (respondent No. 6), who had fully paid off the value of their total shares. During 1992-1999, in course of business, the Company took a loan from the Bangladesh Krishi Bank (hereinafter referred to as "......le is discharged. Code of Procedure, 1908; Order I, rule 10(2) Constitution of Bangladesh, 1972; Article 102 Rule 10(2) The Court may at any stage of the proceedings, either upon or without any application of either party, and on such terms as may appear to the Court to be just,......o was the founding Managing Director of the M/s. Chowdhury Freezing Company Limited (hereinafter referred to as "the Company" or "respondent No. 4"), a limited liability Company incorporated on 27-1-1970 as a private Limited Company under the Companies Act, 1913. There were three....... Office is directed to send a copy of this judgment to Artha Rin Adalat No.1, Dhaka (respondent No. 1) at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 81 ..Category: Constitutional Law, Procedural Law | Date: 25 Aug, 2015 | Hits: 4
Tufail K. Haider Vs. Extra Assistant Commissioner of Taxes and Others, 2015, 44 CLC (HCD)
....ompleted under Self Assessment Scheme. Signing Money: 7. Now, coming to the next point, namely the issue of 'signing money'. It has now become prevailing practice in the real estate business in Bangladesh that an owner, while entering into a Joint Venture Agreement with the properl......llip;Respondent Judgment August 24, 2015 Result: The Rule is made absolute Income Tax Ordinance (XXXVI of 1984) Section 120 and 121A Whether Tax Authorities have exercised Jurisdiction beyond its Power —under section 120 read with&nb......sed without lawful authority and are of no legal effect. Accordingly, and the same are struck down. Communicate this. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 105 ......sed without lawful authority and are of no legal effect. Accordingly, and the same are struck down. Communicate this. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 105 ..Category: Fiscal/Taxation Law | Date: 24 Aug, 2015 | Hits: 2
....pedient to depose before a court or tribunal, it is his decision as to whether as a sitting Judge he should depose on oath before a tribunal maintaining his dignity and status. It is none of the business of the Chief Justice to permit a sitting Judge to accord permission to depose in a tribunal......
Surendra Kumar Sinha CJ
Nazmun Ara Sultana J
Syed Mahmud Hossain J
Hasan Foez Siddique J
Salauddin Qader Chowdhury.........................Appellant
Vs.
Chief Prosecutor, International Crimes Tribunal, Dhaka, Bangladesh........Respondent
Judgment
July 29, 2......onviction and sentences in respect of charge Nos. 2, 3, 4, 5, 6, 8, 17 and 18 are hereby maintained.
Ed.
This Case is also Reported in: 67 DLR (AD) (2015) 295
......Hearing the gun shots, they took shelter in the nearby bush and waited there for an hour. At that time his father told him to see what had happened and thereafter, they returned home and saw the dead-bodies of four persons lying on the courtyard and two injured persons- the injured persons were Jaya..
Category: International Crimes Tribunal Law | Date: 29 Jul, 2015 | Hits: 38
Abdul Monayem Lili Vs. Judge, Artha Rin Adalat & others, 2015, 44 CLC (HCD)
....e background leading to the Rule, in short is that the petitioner and four others created a limited company for exporting and importing their readymade garments namely Finix Sweater and started their business, thereafter, to run the business they took loan and opened back to back L/C with respondent......……….Petitioner Vs. Judge, Artha Rin Adalat & others..............Respondents Judgment May 25, 2015. Result: The Rule is discharged. Timing for Inviting Tender for Auction— Section 33(1) has allowed 15 days time for inviting tende......rder of stay granted earlier by this Court is hereby recalled and vacated. Communicate this order at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 358 ......rder of stay granted earlier by this Court is hereby recalled and vacated. Communicate this order at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 358 ..Category: Banking Law | Date: 25 May, 2015 | Hits: 0
Orascom Telecom Bangladesh Limited Vs. Kalipada Mridha and others, 2015, 44 CLC (AD)
....isrespect to the national anthem. Each of the petitioners herein should have refrained from commercial use of national anthem. In an open market economy, each of the leave-petitioners can promote its business but it can do so without offending any existing law of the country. Even China where f......ction, Preservation and Maintenance the sanctity of The National Anthem— The national anthem is the nation's cherished property. We protect the national anthem because it is an important song of national unity. Bangladeshis regard the national anthem with an almost mystical rever......d as expeditiously as possible. Accordingly, both the leave-petitions are disposed of with the above direction. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 292. ......d as expeditiously as possible. Accordingly, both the leave-petitions are disposed of with the above direction. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 292. ..Category: Constitutional Law | Date: 11 May, 2015 | Hits: 5
Rukunuddin Mollah (Md.) and others Vs. Artha Rin Adalat 2nd Court and others, 2015, 44 CLC (HCD)
....e Rule is hereby recalled and stand vacated. Communicate a copy of this Judgment and Order to the Court concerned at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 287. ...... others.....................Respondents Judgment April 27, 2015. Result: The Rule is discharged. The Auction Purchaser Acquired a Legal Right as Auction Purchaser for Valuable Consideration— Once the auction is complete no relief is available against su......e Rule is hereby recalled and stand vacated. Communicate a copy of this Judgment and Order to the Court concerned at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 287. ......e Rule is hereby recalled and stand vacated. Communicate a copy of this Judgment and Order to the Court concerned at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 287. ..Category: Banking Law, Others | Date: 27 Apr, 2015 | Hits: 10
....osed of.
Companies Act (XVIII of 1994); Section 81
Procedure to Enable a Company To Holding on its Business—
Section 81 is a procedural section enabling a company to carry on its business as has to be conducted to the fullest extent possible at a general meeting unless faced wit......his Application shall be borne out of the funds of the Company.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 326
......-General Meeting ("AGM") of United Power and Distribution Company Limited ("the Company") for the year 2013.
2. The Company, as represented by the Petitioner, was initially incorporated as a private limited company under the name of Malancha Holdings Limited on 15-1-2007. Th......upon the holding of such AGM.
The cost of this Application shall be borne out of the funds of the Company.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 326
..
Category: Company Law | Date: 15 Apr, 2015 | Hits: 7
Lutfor Rahman Mollah (Md.) and another Vs. M Safiul-Alam, 2015, 44 CLC (HCD)
....from 1* June 2001. After expiry of 1st agreement, the 2 agreement executed for a period of 3 (three) years, that is, up to 31 July, 2010. The plaintiffs used to run Thai Chinese Restaurant business in the rented premises on payment of bills and taxes to the Government. The defendant oppos...... This Case is also Reported in: 67 DLR (HCD) (2015) 317. ......ourt stands vacated. Let a copy of this judgment be communicated to the Courts concerned at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 317. ......ourt stands vacated. Let a copy of this judgment be communicated to the Courts concerned at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 317. ..Category: Civil Law, Procedural Law | Date: 13 Apr, 2015 | Hits: 10
Muhammad Kamaruzzaman Vs. The Government of Bangladesh, 2015, 44 CLC (AD)
...., quite candidly submitted that he is aware of the limitations that a review petition faces. Resultantly, the instant review petition is dismissed. Ed. This Case is also Reported in: ...... The Government of Bangladesh represented by the Chief Prosecutor, International Crimes Tribunal, Dhaka…………………&hel......, quite candidly submitted that he is aware of the limitations that a review petition faces. Resultantly, the instant review petition is dismissed. Ed. This Case is also Reported in: ......1 did not become as politically motivated merely because he did not know the petitioner, s it could not be correct that the petitioner had brought the dead bodies of the massacred people back to Sherpur, as P.Ws. 10-13 all deposed that the bodies were left..Category: Criminal Law, International Crimes Tribunal Law | Date: 5 Apr, 2015 | Hits: 60
....d Warehouse License being No.259/Cus-PBW/2500 dated 22-2-2005 issued by the respondent No.1 in favour of the petitioner has been enjoying bonded warehouse facilities. The petitioner, in course of its business, imported raw materials for building sea going ships/vessels and exportation thereof t......ip;….Respondents
Judgment
April 2, 2015
Result:
The Rules are discharged.
Customs Act (IV of 1969); Sections 98, 98(1) (2A) and 111
The Demand of Customs Authority —Removal of the Goods under Section 98
The appropriate customs authority may demand......similar and so, to avoid unnecessary repetition, the facts of the cases are narrated as under:—
The petitioner—M/s Ananda Shipyard & Slipways is a company limited by shares and incorporated in Bangladesh, The petitioner has trade license, bond license, import and export license ......shy;cate the matters in accordance with law.
No cost.
Communicate the judgment to respondent No. 1 at once.
Ed.
This Case is also Reported in: 68 DLR (HCD) (2016) 98
..
Category: Fiscal/Taxation Law | Date: 2 Apr, 2015 | Hits: 0
Asek Elahi Vs. Jalal Ahmedand others, 2012, 41 CLC (AD)
....de of Civil Procedure. 28. In Rama Devi Vs. Dilip Singh. (2008) 7 SCC 105 referred by Mr. Bhuiyan, Rama Devi executed a deed on 15th May, 1974 in respect of some land as she needed money for her business. It was recited that in case of an amount of 13,000 plus interest at the rate of 24% was re.......................Respondents Judgment March 14, 2012. Result: The appeal is dismissed. Sections 95 and 95A are special laws promulgated for the protection of poor tenants, maliks or raiyats from the clutches of the moneyed men or ex-land......t be deemed to be a mortgage unless the condition referred to in the clause is embodied in the document which effects or purports to effect the sale. But it does not follow that if the condition is incorporated in the deed effecting or purporting to effect a sale a mortgage transaction must of neces......nha, J and Md. Abdul Wahhab Miah, J I agree with the reasoning and findings given by my learned brother, Md. Abdul Wahhab Miah, J. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 5. ..Category: Property Law | Date: 14 Mar, 2015 | Hits: 45
Aminul Karim (Md.) Vs. Government of Bangladesh and others, 2015, 44 CLC (HCD)
....r of stay granted earlier by this i Court is hereby recalled and vacated. Communicate this order at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 354 ......wdhury Vs. State 11 BLC 116;Dr. Md. Shahjahan, Advocate Vs. The Election Commission, 63 DLR 543; Khondaker Mahtabuddin Ahmed Vs. State 49 DLR (AD) 132. Lawyers Involved: None appears—For the Petitioner. SM Kafil Uddin, Advocate—For the Respondent No. 3-Bank. Wh......r of stay granted earlier by this i Court is hereby recalled and vacated. Communicate this order at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 354 ......r of stay granted earlier by this i Court is hereby recalled and vacated. Communicate this order at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 354 ..Category: Banking Law, Procedural Law | Date: 9 Mar, 2015 | Hits: 0
....o. 8 cancelling the gun licence of the petitioner is declared to be without lawful authority and of no legal effect.
Ed.
This Case is also Reported in: 20 BLC (HCD) (2015) 279
......D) (2015) 279
......f procedural due process as it exists in the American jurisdiction. Following the English decisions, the Courts of this subcontinent have held that the principle of natural justice should be deemed incorporated in every statute unless it is excluded expressly or by necessary implication by any statu......s of subjects, and having the duty to act judicially'. The expression 'having the duty to act judicially' was used in England to limit the application of the rules to decision-making bodies similar in nature to a court of law. Lord Reid, however, freed these rules from the bondage i..
Category: Constitutional Law | Date: 2 Mar, 2015 | Hits: 23
.... in class-3 filed by Raj Kumar Agarwala, an Indian national, on the basis of the alleged deed of assignment dated 30-12-2003, as on that date, the trade mark 'Dulhan' was not used in the same business registered earlier.
6. In support of his submission, Mr. Amir-ul-Islam referred to cla......igns and Trade Marks and
another................Respondents
Judgment
February 9, 2015
Result:
The petition is disposed of.
Question of law of substantial importance
Question raised before this Court was not raised either before the Assistant Registrar ......tions made hereinbefore. We make it very clear that the Registrar himself shall hear and dispose of the matter.
Ed.
This Case is also Reported in: 20 BLC (AD) (2015) 213.
......tions made hereinbefore. We make it very clear that the Registrar himself shall hear and dispose of the matter.
Ed.
This Case is also Reported in: 20 BLC (AD) (2015) 213.
..
Category: Intellectual Property Law | Date: 9 Feb, 2015 | Hits: 20
.... to assessment year 2010-2011
Fact of the cases:
3. An accumulated reading of these Income Tax Reference Applications reveals that the Assessee-applicant Getco Trading Limited is engaged in business of indenting and importation of machineries from abroad and derived its income from the com...... Court
High Court Division
(Special Original Jurisdiction)
Present:
AFM Abdur Rahman J
Md. Emdadul Haque Azad J
Getco Trading Limited, Represented by its Managing Director Mr. K.M. Khaled, 26, Shyamoli, Mirpur Road, Dhaka, Bangladesh…………&hel......of the account, save and accept the statutory disallowances.
However, there shall be no order as to cost.
Md. Emdadul Haque Azad, J: I agree.
Ed.
This Case is also Reported in:
......of the account, save and accept the statutory disallowances.
However, there shall be no order as to cost.
Md. Emdadul Haque Azad, J: I agree.
Ed.
This Case is also Reported in:
..
Category: Fiscal/Taxation Law | Date: 12 Jan, 2015 | Hits: 1
96559713971992239704969997029568966095679604960996078925970189769659899191689670