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Mohammad Reazaul Karim and others Vs. A. B. M. Khalequzzaman and others, 2010, 39 CLC (AD)
....nt No. 18 Company and the appellants in C.A. No. 321 of 2008 used to hold 40 shares and 670 shares respectively in the respondent No.18 Company. After the record date, i.e. 25.09.2005, the appellants sold their shares relying on the representations of the respondent No.18 company and a Memo dated 18...... held as under:- "The Company Court has ample power to give ancillary directives in the matter of holding AGMs under Section 85(3) Companies Act; the court may order a meeting of the company to be called, held and conducted in such manner as it thinks fit and give such ancillary directions as it ...... sheet for years for which accounts have been audited and approved. 27. He lastly submitted that the respondents lacked locus standi to ask for a direction to prepare balance sheets and profit and loss accounts afresh and change the Record Date since they were not members of the Company at those ..Category: Company Law | Date: | Hits: 191
Moulana Fariduddin Ahmed and another Vs. Md. Kolimullah and others, 2001, 30 CLC (HCD)
....le Suit No. 58 of 1990 which was re‑numbered as 38 of 1992. Said Moulana Fariduddin Ahmed instituted this suit for declaration of title in said 92 decimals of land, confirmation of possession and also for recovery of possession in respect of 3 decimals of land out of said 92 decimals and also pray...... the question of possession and dispossession only as made out by the petitioner Fariduddin Ahmed in the light of the observation as made hereinabove. The order of stay granted earlier is hereby re‑called and vacated. Send down the records at once. Ed. This Case is also Reported in: 55 DLR......of the observation as made hereinabove. The order of stay granted earlier is hereby re‑called and vacated. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (2003) 49...Category: Property Law | Date: | Hits: 27
Bhola Vs. State, 2001, 30 CLC (HCD)
....1 passed by the learned Sessions Judge, Sherpur in Sessions Case No. 40 of 1990 convicting the appellant and others under sections 302/34 of the Penal Code and sentencing them to suffer rigorous imprisonment for 30 years and to pay the fine of Taka 10,000, in default to suffer rigorous imprisonment ......er father was killed on Monday in the month of Poush. The dead body of her father was found in the field of Gota. On the date of occurrence in the evening accused Shamsuddin, Jabbar, Bhola and Sobhan called and took away her father saying that they would clear up the accounts and execute sale deed. ......s order dated 29‑10‑91 is upheld with the above modification and the appeal is dismissed. Send down the lower court's record immediately. Ed. This Case is also Reported in: 55 DLR (2003) 36...Category: Criminal Law | Date: | Hits: 41
Hotel Agrabad Ltd. Vs. Chairman, Labour Court and others, 1999, 28 CLC (HCD)
....pugned judgment found that there is no controversy between the parties over the use of electrical energy and machineries for making the rooms centrally air-conditioned. The learned Labour Court also found that the swimming pool and other amenities available in the hotel are also dependent on the......ion of law and facts are involved in these Rules they were heard together and are being disposed of by this Judgment. 2. In these Rules the petitioner Company "Hotel Agrabad Ltd." (hereinafter called the petitioner Company) has called in question the judgment and order dated 31-12-91 pass......ies that -the petitioner company runs their hotel business along with bakery and restaurant within the same premises at Agrabad Commercial Area within the port city of Chittagong and their profit and loss accounts is also maintained in the name of the Company. So, it is the Company who owns the en..Category: Labour and Industrial Law | Date: | Hits: 121
Moyezuddin Sikder and ors. Vs. State, represented by the DC, Khulna, 2007, 36 CLC (HCD)
....the learned Deputy Attorney-General having touched the very jurisdiction of this Court in exercising its power under the aforesaid provisions of the Criminal Procedure Code, we thought it proper to resolve the question first before proceeding with the case any further and in doing so we also felt it......of 1959) whereby jurisdiction of all Courts including the Supreme Court was ousted, it was held as under: "If a statute provides that an order made by an authority acting under it shall not be called in question in any Court; all that is necessary to oust the jurisdiction of the courts is tha......n with a non-obstante expression. Accordingly, the question raised at the Bar is hereby resolved with the observations as above. Ed. This Case is also Reported in: 59 DLR (2007) 287. ..Category: Criminal Law | Date: | Hits: 50
Mozam and others Vs. State, 2006, 35 CLC (HCD)
....) Mazid (3) Jamshed, (4) Alek, (5) Akam and (6) Khorshed is directed against the judgment and order dated 168-1998 passed by the learned Judge of the Nari-o-Shishu Nirjatan Damon Bishesh Adalat, Jessore in Special Tribunal Case No. 379 of 1995 convicting the appellants under section 4(c)/9 of the ......the night following 22-9-1994 at 1-30/2-00 AM at her father's dwelling hut. At that time she was sleeping at eastern side room. The accused entered into hut by cutting fence and pulled her. While she called her mother an accused pressed her mouth. She could not recognise who pressed her mouth. The a......offence. Send down the lower Court's records at once with a copy of this judgment for information and for taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 276...Category: Criminal Law | Date: | Hits: 82
Surajmal Ram Prasad Vs. Commissioner of Taxes, 2007, 36 CLC (HCD)
....d estimated receipts out of several accounts by his order dated 31-12-2000. Against the order, the Deputy Commissioner of Taxes presented an appeal before the Taxes Appellate Tribunal. The assessee also presented an appeal against certain findings of the Appellate Additional Commissioner of Taxes be......ith our answer in the negative against the Revenue Department and in favor of the applicant. Parties are directed to bear their own cost. Ed. This Case is also Reported in: 59 DLR (2007) 268.......nces were presented, in short, are that the applicant (same in both references) was an assessee having TIN: 4581021587. He submitted his income tax return for the assessment year 199798 showing net loss of Taka 46,450 Then, he submitted a revised return showing net loss of Taka 1,27,822. 2...Category: Fiscal/Taxation Law | Date: | Hits: 63
Moezuddin (Md) Vs. State, 2007, 36 CLC (HCD)
....nha J Md. Abdul Hafiz J Moezuddin (Md)…………………..Petitioner Vs. State………………………..Opposite Party Judgment March 5, 2007. Result: The Rule is made absolute. Cases Referred To- Devendra Kumar vs. Yar Bakld Choudhury, AIR 1939 Cal 220 (FB); King...... 14. In Devendra Kumar vs. Yar Bakld Choudhury, AIR 1939 Cal 220 (FB), the accused were charged under sections 193,467, 477, 109 and 120A of the Penal Code. In the midst of the trial the Government called for the record from the Court and returned after about six months. Then the government pleade...... Sessions Judge, 1st Court, Pabna according consent to withdraw from the prosecution of the accused-opposite party No. 1 is set aside. Ed. This Case is also Reported in: 59 DLR (2007) 122. ..Category: Criminal Law | Date: | Hits: 43
Shahella Chowdhury Vs. National Board of Revenue and others, 2007, 36 CLC (HCD)
....mposed thereon was equally without jurisdiction, the Commissioner of Taxes fell in serious error of law in not setting aside such unauthorised orders of the Deputy Commissioner of Taxes. 10. He also submitted that a penalty could be imposed under section 128 of the Ordinance only for concealment......ssioner of Taxes therefore acted beyond his jurisdiction to work out the money used and invested out of a bank loan in the renovation of house as an increase of assets and ultimately, in assessing so-called increase as "income from other sources" under sub-section (1) of section 19 read with section......efines, 'income' includes "(a) any income, profit or gains, from whatever source derived, chargeable to tax under any provision of this Ordinance under any head specified in section 20; (b) any loss of such income, profit or gains; (c) the profits and gains of any business of insurance carr..Category: Fiscal/Taxation Law | Date: | Hits: 69
Md. Ali Haider & Ors. Vs. State and others, 1987, 16 CLC (HCD)
....al, Mahbub @ Matabuddin and Ejal Hoque were tried in absentia and each was sentenced to transportation for life and sentence has been ordered to run from the date of their arrest and other accused persons were acquitted. 2. Prosecution case as set up in the first information report may briefly ......we pass over to consider the evidence of P.W.3 Lai Chand Chowkidar. He is a Chowkidar of Berolia Union. He stated in his evidence that on the date of occurrence Darog Ali since dead and Sepai @ Seraj called him and asked him to guard the captives and then he saw victim Asgar Ali and other 4(four) pe...... the charge. They shall be set at liberty forthwith if not wanted in connection with any other case. Amin-ur-Rahman Khan J. – I agree Ed. This Case is also Reported in: 40 DLR (1988) 97. ..Category: Criminal Law | Date: | Hits: 30
Janata Bank Vs. M/S Ahmedia Garments, 1987, 16 CLC (HCD)
....thorised agent of M/S. YAMA MOTO for damages arid compensation on the ground that the plaintiff while carrying on the business of manufacturing various types of ready made garments for export and also for local sale, in order to modern the said garment industry intended to import machineries from ......order of attachment when admittedly the money attached has already been paid to the beneficiary and now the bills are held by the Bank of Tokyo Ltd. and there having no property left which would be called belonging to the defendant No.1 the said amount cannot be attached. He further submitted th......id machineries arc much lower and according to the plaintiff this non supplying of machineries according to the indent amounts to a breach of the terms of the contract for which they have sustained a loss of U.S.A 3142 equivalent to Tk.1,06,826/- and the defendant company is liable to pay for the ..Category: Business or Commercial Law | Date: | Hits: 209
State Vs. Mizanul Islam alias Dablu & another, 1987, 16 CLC (HCD)
....wyers Involved: Kaiseruddin Ahmed, Deputy Attorney General with Syed Mokoddas Ali, Assistant Attorney General and Md. Latifur Rahman - For the State. Muhammad Abdul Hoque - For the condemned prisoners. Death Reference No.2 of 1985 with Criminal Appeal No. 109 of 1985 and Jail Appeal...... in the crime. Confession means an admission of certain facts which constitute an offence made by a person who is charged with the offence which is subject matter of the statement. A confession to be called as such should be directly on the point admitting facts which leave no doubt that statement m......s hereby set aside and he is set at liberty forth with if not wanted in connection with any other case. D.M. Ansaruddin Ahmed J. -I agree. Ed. This Case is also Reported in: 40 DLR (1988) 58...Category: Criminal Law | Date: | Hits: 61
M/s. Ayat Ali Bhuiyan & Company Ltd. Vs. Janata Bank, 1987, 16 CLC (HCD)
....he present case. He submitted that this Court would interfere under section 115(1) only when there is an error committed by the Court in passing the impugned order leading to failure of justice. He also submitted that from the allegations made in both the plaints it would appear that the suits are f......bservation made above. Therefore, we make Rule absolute in the above terms without any order as to costs. ARM Amirul Islam J.- I agree. Ed. This Case is also Reported in: 40 DLR (1988) 56.......of section 10 has got no manner of application. He further argued that unless the impugned order is not set aside and the Money Suit No.287 of 1986 is not heard the petitioner will suffer irreparable loss. He further submitted that the impugned order should be set aside by this Court in the facts an..Category: Civil Law | Date: | Hits: 88
.... remained the boiler of having 1.5 tons capacity per hour and naturally the gas bill should come down because of standby and disconnection of 3 tons boiler but contrarily, the Gas Company, for the reasons best known to them, started submitting excess payment though the petitioner paid the bills from......al representations were addressed to the Gas Company requesting for correction of the bills and in reply they disclosed through sending a letter on 20-3-1996 to the Oil Mills that there was a meeting called 300th Board Meeting held on 5-12-1993 and in the said meeting the rate of gas charge had been......mpugned order dated 14-11-2000 is not tenable in law inasmuch as it has been passed in gross violation of the terms of the contract and to the great prejudice of the defendant company causing serious loss of revenue to the public exchequer. Subsequently, the learned lower Court failed to consider th..
Category: Civil Law | Date: | Hits: 115
Ripon Packaging and Accessories Ltd. Vs. Eastern Bank Ltd. and another, 2001, 30 CLC (HCD)
....this Judgment. This Case is also Reported in: 54 DLR (2002) 31. ......aw and both the suits be disposed of as early as possible preferably within 3 (three) months from the date of receipt of the copy of this Judgment. This Case is also Reported in: 54 DLR (2002) 31. ......ing facilities. In the year 1997, the defendant-opposite parties bank arbitrarily discontinued to provide the aforesaid facilities to the petitioner whereby the plaintiff-petitioner suffered a severe loss and damage and that the defendant opposite parties bank are not entitled to claim the loan mone..Category: Civil Law | Date: | Hits: 73
ASM Shamsul Islam Rashedi Vs. Satellite Fishing Ltd. and others, 2001, 30 CLC (HCD)
....ary shares of Taka 1,000 each. The company was originally established with seven shareholders one of whom is the petitioner, who holds 1/7th share of the company i.e. to the tune of Taka 1,50,000 and some others are Mr. MA Hai, Mr. ATM Monir Hossain, Mr. Md. Nasimul Islam and Mr. Md. Aminul Islam wh......sociation a Director has power to call an Annual General Meeting. Usually the Managing Director convenes the meeting and serves notice to other Directors informing about board meetings. A meeting was called to consider the resignation letters tendered voluntarily by the Ex Chairman and Managing Dire......at the company regularly held its Annual General Meetings as per provisions of the Companies Act. The company in its adjourned meeting held on 22-9-95 considered the balance sheets and the profit and loss account of the company up to 30-6-95 and unanimously approved the same. The Annual General Meet..Category: Company Law | Date: | Hits: 220
M. Abul Quashem & ors. Vs. Moulvi Abdur Rab Miah & others, 2002, 31 CLC (HCD)
....r declaration that the decree in question as described in 'Kha' schedule of the plaint was fraudulent and not binding upon them. Thereafter, plaintiffs opposite party Nos. 1 and 2 on 22‑2‑1994 also filed an application under Order XXXIX rule 1 read with section 151 of the Code seeking for tempo......ocates‑ For the Petitioner Not represented‑ the Opposite Parties. Civil Revision No. 1389 of 1996. Judgment Md. Abdur Razzaque J.- By this Rule the opposite party Nos. 1 and 2 were called upon to show cause as to why the impugned order dated 5‑5‑1996, passed by the learned Sen......ceipt of the order in accordance with law. Stay granted earlier is hereby vacated. Communicate the order to the Court concerned at once. Ed. This Case is also Reported in: 55 DLR (2003) 32...Category: Property Law | Date: | Hits: 28
Gazi Tayebur Rahman Vs. Saikh Md. Ali and others, 2002, 31 CLC (HCD)
....eous Case No. 37 of 1993. In the said application it was further prayed to stay operation of the impugned ex parte order of pre‑emption till disposal of the Raid application. That application was also kept in the record and 6‑11‑93 was fixed for filing deficit postage by the pre‑emptee oppos...... Advocate‑ For the Petitioner. Not represented‑ the Opposite Parties. Civil Revisional No. 2699 of 1996. Judgment Md. Abdur Razzaque J.- By this Rule opposite party Nos. 1 and 2 were called upon to show cause as to why the judgment and order dated 21‑4‑96 passed by the learned A......preferably within 3 months from the date of receipt of this order by the lower Court. Communicate the order to the Court concerned at once. Ed. This Case is also Reported in: 55 DLR (2003) 29...Category: Property Law | Date: | Hits: 36
Mirza Anwarul Islam alias Tanu Vs. State, 1999, 28 CLC (HCD)
....ar bill has usurped the character of fine and it is realisable under section 396(1)(a) of the Code of Criminal Procedure. 3. Section 7A of the Telegraph Act, 1885 reads as follows: “If any person does not pay any sum due from him under this Act in respect of any telegraph or message, the sum......not find any merit in this Rule which is liable to be discharged. In the result, the Rule is discharged. The order of stay granted earlier by this Court is hereby vacated and the records which was called for be sent down at once to the concerned Court below. Ed. This Case is also Reported i......anted earlier by this Court is hereby vacated and the records which was called for be sent down at once to the concerned Court below. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 108. ..Category: Criminal Law | Date: | Hits: 37
Firojul Islam (Md) (Firoj) Vs. Zahanara Akter, 1999, 28 CLC (HCD)
....tatement. 3. The suit reached to the peremptory stage 20-4-1999 was fixed for further hearing. Both plaintiff and defendant filed hajira. Defendant presented an application in the court for comparison of his alleged handwriting appearing in a Angikar Patra dated 30-12-95 and a Shikriti Patra date......ional authority under section 115 of the Code of Civil Procedure. The order under challenge appears to be very much methodised by analogy and disciplined by a system. No interference is, therefore called for. Resultantly, this Rule stands discharged both on the question of maintainability and ......efore called for. Resultantly, this Rule stands discharged both on the question of maintainability and also on merit. No costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 107. ..Category: Family Law | Date: | Hits: 185
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