Search Options
Judgment Advanced Search
Displaying 3141-3160 of 3806 results.
Esquire Electronics Ltd. Vs. Bangladesh, 2007, 36 CLC (AD)
....iscontinued by notification under section 25A of the Customs Act, inasmuch as section 25(7) is unconstitutional as being hit by excessive delegation and manifesting unfettered, unlimited delegated power. 7. It is now a settled principle of law that whatever may be the position on the date......Chowdhury J Esquire Electronics Ltd......................Petitioner Vs. Bangladesh represented by the Secretary, Ministry of Finance, Internal Resources Division (Customs) and ors.............................Respondents Judgment November 30, 2005 ......and order dated 3rd December, 2003 passed by the High Court Division in Writ Petition No. 2580 of 1996 discharging the Rule. 2. The Writ Petition No. 2580 of 1996 arose out of a Rule issued calling upon the respondent to show cause as to why the impugned order dated 3rd of July, 1996 shou......r Rahman on the other." 9. On the above, we find no substance in the submission of the learned Advocate-on-Record for the petitioner. The petition is dismissed. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 126
Sayeda Shajada Hossain & another Vs. Wega Fashion Sweater (Pvt) Ltd & ors., 2007, 36 CLC (AD)
....se such land for similar other public purposes. 8. Therefore, in our view, this is not a good ground for review of our judgment. All the review petitions are dismissed. Ed. ......ppeals. 2. Short facts are, that in Writ Petition No. 6140 of 2000 the writ petitioners alleged that they being the joint owners of 17 decimals of land out of 1.25 acres of land appertaining to CS Plot No. 177 of CS Khatian No. 49, SA Plot No.286/310 of SA Khatian No. 165 (Sabek) and 137(......res of land appertaining to CS Plot No. 177 of CS Khatian No. 49, SA Plot No.286/310 of SA Khatian No. 165 (Sabek) and 137(hal) of Mouza Begunbari, PS Tejgaon, Dhaka are in possession thereof physically on payment of rent and taxes, etc. but they were dispossessed therefrom illegally by 'Mastans......e said writ petition to change the plot on false plea and motivated the Government officials to get allotment of land from the writ petitioner's aforesaid personal property and accordingly, in the meeting held on 13-12-1995 and 14-12-1995 respondent No. 3 of the above mentioned writ petitio..Category: Property Law | Date: | Hits: 37
Bangladesh Bank Vs. Sk. Abul Hossain and others, 2007, 36 CLC (AD)
....ve been the Directors for six consecutive years or more will cease to be the Directors of a banking company in the next annual general meeting; on the same date Bangladesh Bank, in exercise of its powers under section 45(1) of the Bank Companies Act, 1991, issued another circular being BRPD Circ......ner. Razaul Hasan, Advocate, instructed by Zahirul Islam, Advocate-on-Record—For Respondent No. 2. Not represented—Respondent Nos. 1, 3-4. Civil Petition for Leave to Appeal No. 1332 of 2004. (From the judgment and order dated 9th August, 2004 passed by th...... section 15 (Ka Ka) provided that no person shall be a Director of a banking company for more than six consecutive years in two terms, except the chief executive officer by whatever name he may be called and sub-section (2) thereof provides that notwithstanding the provisions of sub-section (1),......any or their reelection except the provisions of section 91(2) which provides that not less than one-third of the whole number of directors of a public company shall retire by rotation in a general meeting; the Bank Company Act 1991 also did not contain any such restriction with regard to the ten..Category: Business or Commercial Law | Date: | Hits: 99
Iftekhar Hasan (Md) @ Al Mamun and others Vs. State, 2007, 36 CLC (AD)
....ences under the Penal Code shall be tried in accordance with the provisions of the Code of Criminal Procedure. Under Article 101 of the Constitution the High Court Division shall have jurisdiction, powers and functions as are or may be conferred on it by the Constitution or any other law. The urge......n, Advocate with him) instructed by Sufia Khatun, Advocate-on-Record—For the Petitioner (In Criminal Petition No. 444 of 2006 & Jail Petition Nos. 6 of 2006. Abdur Rezaque Khan, Additional Attorney-General (Helaluddin Mollah, Md. Faisal Ali Khan and Fahima Nasrin, Deputy Attorneys-General w......n Howlader (P.W 14), a peon, in the said vehicle and that after taking them he proceeded to pick up another Judge namely, Mr Abdul Awal and stopped the vehicle at the gate of Mr Awal and while he was calling Mr Awal he heard a huge monstrous sound and coming out from the house of Mr Awal he found th......mzad @ Khaled Saifullah (the petitioners in Jail Petition Nos.7 of 2006, 8 of 2006, 9 of 2006, 10 of 2006 and Civil Petition No.444 of 2006 respectively).Thereafter some other persons also came and a meeting took place. The witness narrating the meeting deposed "Bangla………..” 27. The witne..Category: Criminal Law | Date: | Hits: 213
Chairman, Mongla Port Authority Vs. Kazi Brothers and others, 2007, 36 CLC (AD)
....rding calculations made by the trial Court in respect of the claims of the parties for passing decree in part. So, there is no need of discussing those. The appeal is dismissed with costs. Ed. ......wherein it was mentioned that the estimated costs for the above constructions of the above Groups A, B, C and D will be Taka 51,37,007, Taka 53,11,307, Taka 53,06,932 and Taka 51,64,436 respectively, total being Taka 1,83,28,474, and construction works were to be completed by 270 days. Similarly, fo......s to be completed by 450 days and that of the underground reservoir and the pump house were to be completed by 360 days; in the schedules attached to the tender forms of the above works it was specifically mentioned that the port authority would supply the boulders, cement, MS rod and all other nece......the Port Authority under the instruction of the respondent No.1 claiming Taka 41,60,000 as compensation and also claiming refund of Taka 20,00,000 which was deposited as security but they, instead of meeting the above claims, illegally cancelled the contract on 22-5-1989 and hence the suit. 3. Th..Category: Civil Law | Date: | Hits: 109
NBR, Government of Bangladesh and anr Vs. M/S. Bata Shoe Company (BD) Ltd., 1990, 19 CLC (AD)
.... Excise & Salt Act (I of 1944) Section 12(A)(1) The basis of the exemption from payment of excise duty is the manufacture of footwears without the aid of any machinery or equipment operated by power, steam or gas. The exemption cannot be denied by giving a strained meaning to the term "manufa...... from payment of excise duty is the manufacture of footwears without the aid of any machinery or equipment operated by power, steam or gas. The exemption cannot be denied by giving a strained meaning to the term "manufacture" and directing the respondent to pay the excise duty on footwears not mecha......ment operated by power, steam or gas. The exemption cannot be denied by giving a strained meaning to the term "manufacture" and directing the respondent to pay the excise duty on footwears not mechanically produced and purchased by the respondent for its trading purpose only because they were sold u......st Secretary (Excise-2), National Board of Revenue. In the result, the appeal is dismissed, but there will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 195. ..Category: Fiscal/Taxation Law | Date: | Hits: 114
Nurul Huq Khan Vs. GM, Sonali Bank, Head Office, Dhaka, Bangladesh and others, 1989, 18 CLC (AD)
....as deprived of procedural protection which was available to him at the initiation of the proceeding. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 179. ...... Respondents Judgment May 2, 1989. Result: The petition is dismissed. The Sonali Bank (Staff) Service Rules 40 & 42 Disciplinary proceeding The decision of the Board of Directors to remove the petitioner from service amounts to giving approval to the entire- proceeding from......as deprived of procedural protection which was available to him at the initiation of the proceeding. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 179. ...... that as it may, the fact remains that admittedly the report of the Enquiry Officer along with the explanation and answer given by the plaintiff was forwarded to the head office and placed before the meeting of the Central Board of Directors by the Managing Director. It is not denied that the Boar..Category: Employment/Service Law | Date: | Hits: 98
Collector of Customs, Custom House, Chittagong and others Vs. A. Hannan, 1990, 19 CLC (AD)
....e to the businessmen, namely, the custom and sales tax could only be leviable on imported sugar in excess of 50% customs duty and 10% sales tax. This concessional rate is announced in exercise of powers conferred by section 19 of the Customs Act and section 4(1) of the Sales Tax Ordinance. ......s also Reported in: 42 DLR (AD) (1990) 167. ......oms Act was not tenable. Rule was accordingly made absolute and leave was granted as aforesaid for considering the points of law involved under the Customs Act. 7. To follow the matter chronologically few dates are important. Mr. Rafique-ul-Huq cited the dates in the following manner: "3.10....... the matter the opinion is that the appeal must be dismissed. In the result, this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 167. ..Category: Fiscal/Taxation Law | Date: | Hits: 153
Commissioner of Taxes, Dhaka (West) Zone, Dhaka Vs. Shahabuddin Ahmed, 1989, 18 CLC (AD)
....Notification (S.R.O.440/L/76 dated 18.12.76) having been issued without any legal authority must be treated to be of no legal effect in view of the facts that section 60 of the Income Tax Act, 1922 empowers the Government to grant exemption with or without modification. 6. The High Court Divi......r words, whether salary income of a Judge of the Supreme Court of Bangladesh exempted from income tax under Article 10 of P.O. 21 of 1973 could be included for the purpose of taxation while computing total income of an assessee judge. Held: Section 60 of the Income Tax Act cannot control the Preside......by section 60 of the Income Tax Act, 1922 and this notification purports to lay down a guide-line in the matter of computation of total income. A court will not decide a point which does not strictly call for adjudication in the facts and circumstances of the case. Hence, it will not be necessary to......ed and the decisions of the courts below are affirmed though not necessary on the same reasonings. There is no order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 162. ..Category: Fiscal/Taxation Law | Date: | Hits: 111
Government of Bangladesh & ors. Vs. Md. Hasan Shahid & ors., 2006, 35 CLC (AD)
.... petitions and obtained rule. 12. In Civil petition for leave to appeal No. 990 of 2005 the respondents stated in the writ petition that they were appointed by the Department of Bureau of Manpower, Employment Training, in short, BMET in 1st phase of a development project in the year 1988 a...... A. T. M. Abdul Matin Sarker & ors.................Respondents (In C. P. Nos. 990 & 58 of 2005) Judgement March 23, 2006. Lawyers Involved: A.J. Mohammad Ali, Attorney General, (Mushfiqur Rahman, Deputy Attorney General with him), instructed by Ahsan Ullah Pat...... the same project in 1995 and that the project pro-forma of the project assured the employees of the project that on completion of the project the officers and staff of the project would be automatically transferred to revenue budget and will be regularized and the ministry of establishment made ......Finance decided to transfer the post to revenue budget surrendering same number of vacant post and although such post was abolished by the ministry of manpower yet the sachib committee in the meeting held on 17.03.2003 did not find any reason to transfer those posts to the revenue budget an..Category: Employment/Service Law | Date: | Hits: 56
Md. Sarwar Vs. Bangladesh, 2005, 34 CLC (AD)
....ority only. The learned Advocate for the writ petitioners also could not assert that the petitioners have been given on the basis of seniority only. The Administrative Tribunal has jurisdiction and power to give any consequential relief as to seniority and promotion. In the instant case the writ......adud Bhuiyan, Senior Advocate, instructed by Nurul Islam Bhuiyan, Advocate-on- Record-For Respondent No. 53 Not represented-Respondent Nos. 1-52 & 54-74 Civil Petition for leave to Appeal Nos. 52 of 2005. (From the Judgment and order dated 14.12.2004 passed by the High ......stitution." 8. On going through the judgment of the High Court Division we are of the opinion that the High Court Division took a correct view and as such the impugned judgment does not call for any interference. The leave petition is, therefore, dismissed. Ed. ...... the opinion that the High Court Division took a correct view and as such the impugned judgment does not call for any interference. The leave petition is, therefore, dismissed. Ed. ..Category: Employment/Service Law | Date: | Hits: 80
Rafiqul Majid Pintu alias Pintu Vs. State, 2004, 33 CLC (AD)
....d directions given by the High Court Division do not call for interference by this court. There is no substance in the petition. The criminal petition is therefore, dismissed. Ed. ......yers Involved: Abdus Sobhan, Senior Advocate, instructed by Syed Mahbubur Rahman, Advocate-on-Record- For the Petitioner Not represented-Respondent Criminal Petition for leave to Appeal No. 93 of 2004 (From the Judgment and Order dated 23. 08. 2004 passed by the High ......not find any fault with the judgment and order passed by the High Court Division. 7. We are also of the view that the observations and directions given by the High Court Division do not call for interference by this court. There is no substance in the petition. The criminal pet......d directions given by the High Court Division do not call for interference by this court. There is no substance in the petition. The criminal petition is therefore, dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 52
Md. Abdur Rahman Sikder Vs. Nur Mohammad Khan and others, 2005, 34 CLC (AD)
....ngs under section 145 of the Code of Criminal Procedure. The submissions of Mr. Md. Majibur Rahman do not merit any consideration. Accordingly, the petition is dismissed. Ed. ...... Advocate-on-Record.—For the Petitione.r Syed Mahbubur Rahman, Advocate-on-Record-For Respondent No. 1. Not Represented-Respondent Nos. 2-35. Criminal Petition for leave to Appeal No. 51 of 2005 (From the judgment and order 10.1.2005 passed by the High Court Div......ending before the appellate court the order of the Magistrate is unwarranted and that being so the order of the learned Sessions Judge setting aside the order passed by the Magistrate does not call for any interference. 6. Mr. Md. Majibur Rahman, learned Advocate for the petitioner su......ngs under section 145 of the Code of Criminal Procedure. The submissions of Mr. Md. Majibur Rahman do not merit any consideration. Accordingly, the petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 70
Fazlul Kader Chowdhury Vs. Cyma Zarrar and another, 2006, 35 CLC (AD)
....was started against the first party respondent and others. It is averred that second party petitioner sold the property to one Akram Hossain execution a bainanama in his favour and also granting a power of attorney and that aforesaid Akram Hossain before getting delivery of possession of the pro...... the Petitioner. Ozair Farooq, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-Respondent No. 1. Not represented-Respondent No. 2. Criminal Petition for leave to Appeal No. 65 of 2004 (From the Judgment and Order dated 20. 10. 2003 passed by the High ......Leave is granted to consider the same. Preparation of paper book is dispensed with as prayed for. The petitioner is directed to make the appeal ready for expeditious hearing. Ed. ......Leave is granted to consider the same. Preparation of paper book is dispensed with as prayed for. The petitioner is directed to make the appeal ready for expeditious hearing. Ed. ..Category: Procedural Law | Date: | Hits: 154
Monzur Murshed Vs. Humayun Majid, 1995, 24 CLC (AD)
....e facts and it apparently made a mistake of fact in coming to the conclusion that the appellant was a defaulter. The appeal is therefore allowed without any order as to costs. Ed. ......00/- per month. He is a defaulter in the payment of monthly rent from November, 1981 and inspite of repeated requests and demands made by the plaintiff and his agents the appellant did not pay rent to him ever since. On the contrary the appellant filed House Rent Case No. 110 of 1982 before the ......e facts and it apparently made a mistake of fact in coming to the conclusion that the appellant was a defaulter. The appeal is therefore allowed without any order as to costs. Ed. ......e facts and it apparently made a mistake of fact in coming to the conclusion that the appellant was a defaulter. The appeal is therefore allowed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 33
Md. Aslam Khan Vs. Haji Abdur Rahim and others, 2006, 35 CLC (AD)
.... up the lacuna (7 BLT(AD)7). In the background of the discussions made hereinbefore we do not find any merit in the appeal. Accordingly the same is dismissed with costs. Ed. ...... Md. Tafazzul Islam J Md. Aslam Khan .................Appellant Vs Haji Abdur Rahim and others .........Respondents Judgment June 18, 2006. Cases Referred to- Sree Chitta Ranjan Chakroborty being dead has heirs Ashish Chakroborty and others Vs. Md......he duty of the plaintiff or in other words onus was on the plaintiff to establish that the kabaka in question is forged, fabricated and fraudulent, that the plaintiff did not take any step for calling the Thumb Impression Register from the office of the sub-Registrar and for examination of ...... up the lacuna (7 BLT(AD)7). In the background of the discussions made hereinbefore we do not find any merit in the appeal. Accordingly the same is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 35
BRDB and others Vs. Md. Idris Ali Akond and others, 1998, 27 CLC (AD)
....fication for making an order of remand as prayed for which will be a ceremony too idle to be permitted. In the result, the appeal is allowed without any order as to cost. Ed. ......n for consideration is whether the learned Judge of the High Court Division at all acted judicially in setting aside the appellate judgment and decree in favour of the defendants upon relying on a totally extraneous matter unrelated to the contending issues between the parties. After hear&s......pment Officer, Savar Upazila Central Co-operative Association upon averments, inter alia, that he was appointed as Thana Project Officer under the Bangladesh Palli Unnayan Sangstha (BPUS) otherwise called Integrated Rural Development Board (IRDB) now Bangladesh Rural Development Board (BRDB) in ......nize whether the authority concerned has followed their own rules and regulations while taking action against its employee. The learned Assistant Judge then referred to the resolution of the Board meeting held on 29 December, 1983 Ext. 8 and found thereon that the plaintiff ought to be regulated..Category: Employment/Service Law | Date: | Hits: 73
Nur Hussain and other Vs. Jamuna Bank Ltd and others, 2005, 34 CLC (AD)
...., Dhaka, Bangladesh. That respondent No.2 as the promoter, Chief Organizer and Chairman of the then proposed Jamuna Bank Limited, respondent No.1 in order to organize the Bank delegated wide range of power and authority to respondent No.3, namely, Mr. Arifur Rahman through a letter of authority date......on No. 20 of 2004). Not represented-.Respondent Nos.3-5 (In Civil Petition No. 163 of 2004). Not represented-Respondent Nos.3-6(In Civil Petition No. 06 of 2004). Civil Petition for leave to Appeal Nos.20, 163 & 06 of 2004 (From the judgment and order dated 18th and 20th August 2...... any monitory transaction with any body in connection with the share capital and the alleged letter of authority dated 06.06.2000 was not a legal document, having legal value. In any case the said so-called letter of authority never authorized any body to make financial transaction with anybody. T......d for her husband and never demanded any share or directorship of the respondent No.1 at the time of her subscribing in the Memorandum and Articles of Association and at the time of her attending the meeting of the Board of Directors. It may further be stated that the certificate of incorporation ..Category: Banking Law | Date: | Hits: 185
Wega Fashion Sweater (PVT.) Ltd. Vs. Syed Sajeda Hossain & others, 2006, 35 CLC (AD)
....No. 5350 of 2000. All the three appeals, viz C.A. Nos. 62-64 of 2004 are allowed without any order as to costs. Ed. This Case is also Reported in: 26 BLD (AD) (2006) 187; III ADC (2006) 763. ......………………Respondent (Civil Appeal No. 62 of 2004) Wega Fashion Sweater (Pvt.) Ltd. represented by its M.D. Md. Nurul Huda……………………………………Appellant Vs. Director Adjutand of Ansar & V.D.P. having its office at Tikatuly & others ………………......nd appertaining to C.S. Plot No.177 of C.S. Khatian No.49 S.A. Plot No. 286/310 under S. A. Khatian No.165(Sabek) and 137(hal) of Mouza Begunbari, P.S. Tejgaon, Dhaka are in possession thereof physically on payment of rent and taxes but they were dispossessed therefrom illegally by 'Mastans' on ......the said writ petition to change the plot on false plea and motivated the Government officials to get allotment of land from the writ petitioner's aforesaid personal property and accordingly in the meeting held on 13.12.1995 and 14.12.1995 respondent No.3 of the above mentioned writ petition dec..Category: Property Law | Date: | Hits: 91
Sekander Ali Howlader and others Vs. State, 1997, 26 CLC (AD)
.... said amount was shown distributed amongst farmer members falsely and fraudulently creating some papers and thereby the accused persons conjointly dishonestly and misusing their respective official power misappropriated the said amount. 5. It is not necessary to consider any other matter ...... Dr. Kamal Hossain, Senior Advocate, (both the appeals)(Mohammad Ziauddin Ahmed, Advocate, with him), instructed by Md. Nawab Ali, Advocate-on-Record-For the Appellants B. Hossain, Deputy Attorney General (both the appeals), instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For ...... their sentence is reduced to the period already undergone by each of them. The sentence of fine will remain. The accused-appellants may be released from their respective bail bonds. Ed. ...... their sentence is reduced to the period already undergone by each of them. The sentence of fine will remain. The accused-appellants may be released from their respective bail bonds. Ed. ..Category: Criminal Law | Date: | Hits: 44
22032200219621932191218821812176217521692167216521612160215421512150214521442143