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Younusuzzaman (Badal) Vs. State and another, 2013, 42 CLC (HCD)
.... cotton yarn produced by the said company. According to the terms and conditions of the agreement the complainant paid an amount of Tk. 20, 00,000/- (twenty lac) only to the accused petitioner on the date of signing of the said agreement as security money, if the company of the accused-petitioner fa......008 for encashment to the Dutch Bangla bank Ltd. Narayangonj branch and on both occasion the cheque was dishonoured for insufficient fund. Finding no other alternative, the complainant issued a legal notice according to the provisions of the Negotiable Instruments Act through his learned Advocate on...... Judgment July 25, 2013. Result: The Rule is discharged. A company being a juristic person, all its deeds and functions are the result of the acts of Managing Director. Therefore, a Managing Director of the company is responsible for the acts done in the name of the company..Category: Criminal Law | Date: 25 Jul, 2013 | Hits: 140
Chow Wen Chang and others Vs. SF Winsome Fashion Ltd. and others, 2013, 42 CLC (HCD)
....ny; that the respondent No. 1 company was incorporated in the year 2009, vide certificate of registration No. C-74550(2592) /09 with effect from 2-2-2009 under the Companies Act, 1994. As on the date of incorporation the authorized share capital of the respondent No.1 company was Taka 2,00,00,0......that the increase of share capital by issuance of shares and allocation of shares to the respondent Nos. 3 to 5 as well as appointment of the respondent Nos. 4 and 5 as directors, without issuing any notice, without Board Meeting, without any Extra-ordinary General Meeting (EGM) or consent of t...... and was done to secure unlawful gain to petitioner No. 1. Fraud vitiates everything. Besides, in such a case, the corporate veil is to be lifted to find out the real culprits and to undo the misdeed for ends of justice, in order to obviate harassment by dragging the company to multiplicity of proce..Category: Company Law | Date: 24 Jul, 2013 | Hits: 10
....faqul Islam J.- At the instance of the petitioner, Bangladesh Development Bank Limited, this Rule Nisi was issued calling upon the respondent Nos.1 to 4 to show cause as to why the judgment and order dated 25-9-2011 passed by the Judge, Artha Rin Adalat, Jessore in Artha Rin Suit No.83 of 2004 and j......ferring the aforesaid Artha Rin Suit and prayed for waiver of interest. But the proposals, being not acceptable, were not considered by the petitioner-bank. The petitioner Bank published auction notice in the 'Daily Janakantha' on 9-2-2011 and the 'Daily Lokshomaj' on 10-2-2011 ......that the petitioner as plaintiff filed Artha Rin Suit No. 83 of 2004 in the Court of Judge, Artha Rin Adalat, Jessore (hereinafter referred to as Adalat) against the respondent Nos. 2-10 praying for a decree for recovery of outstanding loan of Taka 64.28 lakh. The suit was decreed ex parte on 2..
Category: Banking Law | Date: 24 Jul, 2013 | Hits: 10
Sarwar Hossain Moni (Md.) Vs. State and another, 2013, 42 CLC (AD)
.... Division having affirmed the judgment and order passed by the High Court Division which took the view that though the respective petition of complaint was filed before expiry of thirty days from the date of receipt of the notice issued under clause (b) of the proviso to section 138 was maintainable......ed the judgment and order passed by the High Court Division which took the view that though the respective petition of complaint was filed before expiry of thirty days from the date of receipt of the notice issued under clause (b) of the proviso to section 138 was maintainable in law…..............Judgment July 24, 2013. Result: The petitions are dismissed. It is true that in the judgment sought to be reviewed, there had been no detailed discussions as to the point raised before the High Court Division that the respective petition of complaint having been filed before expi..Category: Criminal Law | Date: 24 Jul, 2013 | Hits: 8
Zahidul Islam (Md.) Vs. Md. Kamal Hossain and another, 2013, 42 CLC (AD)
....t before expiry of thirty days of the receipt of the notice issued under clause (b) of the proviso to section 138 as created in case of filing a petition of complaint after expiry of one month of the date on which the cause of action arises under clause (c) of the proviso to section 138. The moment ......; Result: The Appeal is allowed. There is no absolute bar in filing a petition of complaint before expiry of thirty days of the receipt of the notice issued under clause (b) of the proviso to section 138 as created in case of filing a petition......nbsp; July 23, 2013. Result: The Appeal is allowed. There is no absolute bar in filing a petition of complaint before expiry of thirty days of the receipt of the notice issued under clause (b) of the proviso to se..Category: Others, Procedural Law | Date: 23 Jul, 2013 | Hits: 9
....t Project to Revenue Budget, 2005 Rules clearly entitled an employee transferred from the development project to the revenue set up to enjoy salary, leave, pension and other service benefits from the date of his entry/joining the development project…..(20)
Lawyers Involved:
AKM Fazl......e benefits to the petitioners counting their service period in the development project.
There will be no order as to costs.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 157
......shy;ice period in the development project and/or pass such other or further order or outers as to this Court may seem fit and proper.
2. At the time of hearing at the outset the learned Advocate for the petitioners submits that he does not wish to press the Rule regarding the seniority of the p..
Category: Administrative Law, Employment/Service Law | Date: 8 Jul, 2013 | Hits: 3
Ayurvedia Pharmacy (Dhaka) Ltd. Vs. Meher Banu Bibi and others, 2013, 42 CLC (AD)
....the despondent. Civil Petition for Leave to Appeal No.1430 of 2009. Judgment Mohammad Anwarul Hague J.- This petition for leave to appeal is directed against the judgment and order dated 25"h of March, 2009 passed by Division Bench of the High Court Division in Civil Revision No.......all, allow the court to entertain any plaint unless a registered agreement is annexed with the plaint and the balance amount is paid. The learned counsel for the respondent has also brought to our notice about the provision of section 17A and 17B of the Registration Act where all pending unregis......e, Advocate instructed by Mohd. Nawab Ali Advocate-on-record- For the Petitioner. Fida M. Kamal, Advocate Instructed by Shamsul Alam, Advocate-on-record-For the despondent. Civil Petition for Leave to Appeal No.1430 of 2009. Judgment Mohammad Anwarul Hague J.- This petition ..Category: Civil Law | Date: 7 Jul, 2013 | Hits: 13
Wadud Mollah (Md.) Vs. Md. Nayem and Another, 2013, 42 CLC (AD)
....Record—For Respondent No.2. Md. Naivab Ali, Advocate-on-Record—For Respondent No.2. Civil Appeal No. 202 of 2003 with CP No. 1568 of 2007. (From the judgment and order dated the 18th day of October, 20011 passed by the High Court Division in Civil Revision No.2571 of ...... that he has married the victim, who is admittedly a minor girl. The statements made in the petition sufficiently indicate that the accused has abducted a minor girl for immoral purposes. It fails to notice that a minor cannot enter into a marital tie. 5. The medical evidence supports the alle&......al justice. The High Court Division cannot dictate its subordinate courts regulating the purported orders to be passed by it after the appearance of accused. The learned Judges have left nothing for the Tribunal of the Magistrate to decide on the question of bail. The learned Judges have practi..Category: Criminal Law | Date: 17 Jun, 2013 | Hits: 3
Moulana Development Co. Limited Vs. National Board of Revenue and others, 2013, 42 CLC (HCD)
....ing the petitioner to submit the statement regarding the deduction of Advance Income Tax (AIT) from the bill of the supplier of the rod, cement, sand and stone, whereupon the petitioner, in his reply dated 12.7.2012, made the discloser as required. But on 15.7.2012 the respondent No. 3 issued anothe......s such the petitioner has got no tax liability due for the previous assessment years and all the assessment for these years became past and closed transaction. The assessee-writ-petitioner received a notice being নথিনং-305-200-4939/12-13/2008 তারিখ 04.7.2012 informing the petitio...... an income tax assessee, holding of TIN. No. 305-200-4939, under the Companies Circle-1, Taxes Zone-1, Chittagong. The assessee-writ-petitioner company submitted its self assessment income tax return for the assessment year 2011-2012 under the provision of section 82BB/82C/53FF of the Income Tax Ord..Category: Fiscal/Taxation Law | Date: 12 Jun, 2013 | Hits: 86
Golam Rasul Belal Vs. Habibullah Shakir and another, 2013, 42 CLC (AD)
....re cases so that it can't scuttle or burry a prosecution case on flimsy and unfounded reasons. when the complainant stated that he had served a legal notice within 15 days from the date of the receipt of information of the return of the cheque, non-discloser of the date of service................Appellant Vs. Habibullah Shakir and another.............Respondents Judgment June 11, 2013. Result: The appeal is allowed. Questions of Facts Whether notice was duly served or not upon the accused-respondent at its correct address or upon its authori......bject of issuing notice indicating the factum of dishonor of the cheque is to give an opportunity to the drawer to make the payment within the stipulated period, so that it will not be necessary for the payee to proceed against the drawer, in any criminal action, even though the bank dis&s..Category: Criminal Law | Date: 11 Jun, 2013 | Hits: 10
Sahab Uddin (Md.) Vs. State and another, 2013, 42 CLC (HCD)
....espondents Judgment June 11, 2013. Result: The petition is dismissed. The Negotiable Instruments Act, 1881 (XXVI of 1881); sections 123A & 138 (1) The legislative mandate as used in clause (a) of sub-section (2) of section 123 A of the Act, 1881 that when a cheque i......deposited on 3-11-2008 with Dutch Bangla Bank Ltd., Jublee Road Branch, the bank of the payee, for collection, but all the cheques were returned due to insufficiency of fund. Thereafter, a legal notice was issued by the payee upon the accused on 30-11-2008 claiming the amount due under the afor......Petitioner. B. Hossain, Advocate-on-Record—For Respondent No.1. ASM Abdul Mobin, Advocate instated by Mrs. Sufia Khatun, Advocate-on-Record-For Respondent No.2. Criminal Petition for Leave to Appeal No.395 of 2010. (From the judgment and order dated the 30th day of May, 201..Category: Civil Law | Date: 11 Jun, 2013 | Hits: 14
Grameen Telecom Vs. Commissioner of Taxes, 2013, 42 CLC (HCD)
....trenuously argued that the DCT concern was liable under section 178 of the Income Tax Ordinance 1984 to serve the order of re-assessment upon principal officer of the Assessee-applicant company as mandated by law, but no such copy of the order was served upon the Assessee-applicant nor on its princi......nies Circle-07, Taxes Zone-03, Dhaka, and holding TIN. No. 070-200-5842/Coy-07, Dhaka. The Assessee-applicant company filed its income tax return for the assessment year 1999-2000 and pursuant to the notice under section 83(1) and 79 of the Income Tax Ordinance, 1984 conducted hearing through its au...... Judgment AFM Abdur Rahman J. - In this Income Tax Reference Application, the Assessee-applicant challenged the order of the Taxes Appellate Tribunal refusing to allow the admission of appeal before the Commissioner of Taxes (Appeal). 2. It has been stated in the instant Income Tax Referenc..Category: Fiscal/Taxation Law | Date: 5 Jun, 2013 | Hits: 86
A.B.M. Liton Vs. Bangladesh & Others, 2013, 42 CLC (HCD)
....vocate-For the Respondent No.3 Writ Petition No.12766 of 2012 Judgment Sheikh Hassan Arif J.- The Rule was issued calling upon the respondent to show cause as to why the impugned Order dated 1-8-2012 passed by the Artha Rin Adalat No-3, Dhaka (respondent No. 4) in Artha Jari Case No. ......ppearance, the suit was decreed ex-parte by the judgment and decree dated 5-11-2012. Respondent No. 3 Bank then filed Artha Jari Case No. 86 of 2012 for execution of the said decree. After service of notice of execution case through newspapers, the decree holder-Bank filed an application before the ...... Result: The Rule is made absolute. Refusal of Bail not Sustained-- Since the Adalat as well as the Bank proceeded against the body of all the defendants including the petitioner before proceeding against their properties, and since the Bank and the Adalat proceeded against the pe..Category: Banking Law | Date: 3 Jun, 2013 | Hits: 5
Bimol Rosario Vs. Barbara Rosario and others, 2013, 42 CLC (HCD)
....te Party No.1. Civil Revision No. 1033 of 2011. Judgment Sheikh Abdul Awal J. - This Rule was issued calling upon the opposite party No.1to show cause as to why the judgment and decree dated 23-8-2010 passed by the learned Joint District Judge, 1st Court, Gazipur in Title Appeal No.34......nsideration in this case whether both the Court s below were justified in cancelling the deed of Heba (Exhibit A) upon disbelieving expert's opinion (Exhibit B series). 13. As I have already noticed that the opposite party No.1as plaintiff filed Title Suit No. 100 of 2009 in the Court of As......rd Court, Gazipur in Title Suit No. 100 of 2009 should not be set-aside. 2. Material facts of the case, in brief, are that the opposite party No.1, Barbara Rosario as plaintiff brought the aforesaid Title Suit No. 100 of 2009 in the Court of Assistant Judge, 3rd Court , Gazipur for c..Category: Civil Law, Evidence Law | Date: 22 May, 2013 | Hits: 3
Nazrul Islam (Md.) & others Vs. Mahfuzur Rahman and others, 2013, 42 CLC (HCD)
....er Section 115(1) of the Code of Civil Procedure (in short, the CPC) filed by the defendant-petitioners was issued calling upon the opposite party Nos.1-12 to show cause as to why judgment and decree dated 22-2-2004 passed by the Additional District Judge, 3rd Court, Bogra in Other Class Appeal No. ......anyway. 20. Moreso, from the commissioner report of that partition suit, exhibit 1(a) goes to show that in page No. 4, the advocate commissioner at the time of allotment of the land in the field noticed the ownership of Ator Ali along with the Fazlar Rahman and Keramotullah into the partiable t......s. Mahfuzur Rahman and others.................Plaintiff-Opposite Parties Judgment May 21, 2013. Result: The Rule Is Made Absolute. Eviction of Defendants- In a suit for eviction of the defendants from a particular land it is always important for the plaintiffs to d..Category: Property Law | Date: 21 May, 2013 | Hits: 6
Moon Construction Company Limited Vs. Government of Bangladesh & others, 2013, 42 CLC (HCD)
....ey/security deposit to the petitioner deducted from the bill of the works of package Nos. W-092N-CMMU and W-093N-CMMU pursuant to the work order Nos. MOHFW/CMMU/HNPSP/NC/Ctg, Khulna/Tender-09/2005/52 dated 26-6-2006 and MOHFW/CMMU/HNPSP/NC/ctg.Khulna/Tender-596/2005/53 dated 26-6-2006 respectively i......itioner is a company, involved with construction work including roads, buildings, structures and other development works in the country. The petitioner participated in a bid tender against the tender notice published by the respondents for completion of the construction work of Institute of Health T......re- A person may be destructively treated not only by action, but also by inaction and inaction may contravene the Article, when it is arbitrary and unreasonable. In the instant case, the aforesaid expectation and/or prepared admitted bill of the petitioner cannot be termed or being based..Category: Constitutional Law | Date: 16 May, 2013 | Hits: 4
ABSCO Limited Vs. Artha Rin Adalat No.2, Dhaka & another, 2013, 42 CLC (HCD)
....law as shall need to be addressed in these Rules Nisi. 2. In Writ Petition No. 9435 of 2012 the Rule Nisi was issued calling upon the respondents to show cause as to why the Order Nos. 22 and 23 dated 22-3-2012 and ex-parte judgment and decree dated 22-3-2012 (decree signed on 25-3-2012) passed......0-6-2009. Thereafter the petitioner again by a letter dated 30-12-2009 requested the respondent No.2 for rescheduling the lease facility but the respondent No.2 ignoring the request served legal notice on 19-7-2009 upon the petitioner demanding payment of the outstanding dues as mentioned ...... May 15, 2013. Result: Both the rules are discharged. Artha Rin Adalat Ain (VIII of 2003); Sections 10(1) and 19(2) Section 10 of the Ain, 2003 does not provide any provisions for filing applications against the ex-parte judgments and decree of the Adalat similar to the provi..Category: Corporate Law, Others | Date: 15 May, 2013 | Hits: 8
..... Zahirul Islam Advocate-on-Record—For the Petitioner.
None Represented—For the Respondents.
Civil Petition for Leave to Appeal No.186 of 2011.
(From the judgment and order dated 6-1-2011 passed by the High Court Division in Writ Petition No. 10044 of 2010).
Judgment
......made on proper appreciation of law and facts do not call for interference.
Accordingly, the leave petition is dismissed.
Ed.
This Case is also Reported in: 19 BLC (AD) (2013) 1.
......yers Involved:
Md. Khurshid Alam Khan, Advocate, instructed by Md. Zahirul Islam Advocate-on-Record—For the Petitioner.
None Represented—For the Respondents.
Civil Petition for Leave to Appeal No.186 of 2011.
(From the judgment and order dated 6-1-2011 passed by the H..
Category: Election Law | Date: 7 May, 2013 | Hits: 6
....l. In situations e.g.
dismissal of services, the High Court Division cannot allow the prayer of the
plaintiff by directly asking the authority to give fresh appointment to the plaintiff
from the date of dismissal.............................(13)
Lawyers
Involved:
Sufia
Khatun, Ad......cordingly disposed
of.
The matter is remanded to the High court
Division for a fresh hearing.
Ed.
This Case is also Reported in: 65 DLR (AD) (2013)
300; 18 MLR (AD) (2013)153. ......alse papers
against the plaintiff?
The suit cannot be finally
adjudicated without taking evidence. If so is done, it will be treated as ultra
vires. A case cannot be finally adjudicated before trial. In situations e.g.
dismissal of services, the High Court Division cannot allow the pray..
Category: Procedural Law | Date: 6 May, 2013 | Hits: 15
Moklesuddin Ahmed and another Vs. Rezia Khatun and others, 2013, 42 CLC (HCD)
....e defendant respondents. Against which the plaintiffs as appellants preferred First Appeal being First Appeal No.684 of 2001 before this Division and the same was pending upto 28-1-2013. On that date at the instruction of his client Mr PC Guha, the learned Advocate apprised the Court that he ha...... number. The office is directed to do the needful accordingly. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 209. ......: PC Guha, Advocate—For the Appellant-Petitioners. First Appeal No.684 of 2001. Judgment Md. Nuruzzaman J.- This application has been filed by the appellant petitioners for re-admission of the instant appeal, which was dismissed for non-prosecution on 28-1-2013. 2..Category: Constitutional Law | Date: 5 May, 2013 | Hits: 4
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