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Motiur Rahman Vs. May Industries Ltd, 1984, 13 CLC (HCD)
.... against the respondent-company. Certified for one counsel with one junior. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 41. ......tive Nos.81 to 100 and included in one Share Certificate being No.005. The Instrument of transfer, after due execution on 18.6.76 was deposited with the Company with the Share Certificate No.005 for registration. Although the transfer was duly accorded by the Board of Directors in its meeting h......tion is dismissed. Cases Referred to- Re Fildes Bross. Ltd., (1970) 1 All E.R. 923; Re: Yenidje Tobacco Co. Ltd., (1916) 2 Ch. 426; Loch Vs. John Blackwood Ltd., 1924 AcC. 783; In Re: Davis and Colett Ltd., (1935) 1 Ch. 693; Ladli Prasad Jaiswal Vs. The Karnal Distillery Co. Ltd., 17 DLR (...... against the respondent-company. Certified for one counsel with one junior. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 41. ..Category: Company Law | Date: 26 Apr, 1984 | Hits: 6
Priyatosh Talukder Vs. Asstt. Custodian of Enemy Property, 1984, 13 CLC (HCD)
.... are discharged. There will be no order as to costs. Syed Mohammad Ali J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 153 ......suit in 1964. At the time of filing Execution Case Nos.4 of 1967 the addresses of judgment debtor Nos.1 to 4 have also been shown to be in India. Mr. A.K.M. Shafiqur Rahman, the learned Advocate for the decree-holder appellant also frankly concedes that the judgment debtors No.1 to 4 are Indian...... 1984. Result: The appeal is allowed in part. The Rules are discharged. Cases Referred to- National Bank of Pakistan Vs. Kushtia Sugar Cane Mills, 29 DLR 32;Goutam Ranjan Sen and others Vs. Bangladesh and others, 1981 BLD (A.D.) 126 Lawyers Involved: A. K. M. Shafi......Hindu Woman's Right to Property Act. 1937 (Act XVIII of 1937) the widow judgment debtor No.5 is an heir of late Umesh Chandra Chowdhury. The said Act XVIII of 1937 does not apply to agricultural land. As the suit property is an agricultural land in P.S. Hathazari, the widow judgment de..Category: Property Law | Date: 4 Mar, 1984 | Hits: 4
Nazir Ahmed & others Vs. The State, 1984, 13 CLC (HCD)
....ed in accordance with Law. Send down the records at once. Syed Mohammad Ali J.- I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 169; 5 BLD (1985) 80. ...... President's Order No. 16 of 1973 Art. 2. Under Article 2 of P.O. 16/73, there is nothing to show that the offence in question was committed by the accused in connection with the struggle for national liberation. The mere fact that the Government have stated that the accused are freedom ......ent have stated that the accused are freedom fighters does not ipso facto give any indemnity for committing any offence against innocent citizens. P.O. 16/73 has no manner of application in the facts and circumstances of the present case. Cases Referred To- Syed Matiur Rahman Vs. The state......ed in accordance with Law. Send down the records at once. Syed Mohammad Ali J.- I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 169; 5 BLD (1985) 80. ..Category: Criminal Law | Date: 3 Jan, 1984 | Hits: 2
Shamsul Huda & others Vs. Alauddin & Taiwa Tex¬tile Mills Ltd, 1983, 12 CLC (HCD)
....ting held on or before 31.12.1983 shall be deemed to have been duly held 19th annual general meeting of the company. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 309 ......n—For the Respondent Nos. 4 & 5. Matter No. 34 of 1983. Judgment Mustafa Kamal J.— On 14.9.1983 the 4 petitioners filed an application u/s 38 of the Companies Act 1913 for rectification of the share register of Alauddin and Taiwa Textile Mills Limited a private limite..................Respondent Judgment November 24, 1983. Result: The prayer accepted Rectification of the Share Register Cases Referred To- Fry, Chase National Executors and Trustees Corporation Ltd. Vs. Fry and others (1946) 2 All E.R. 106; Transatlantic Life Assurance......ting held on or before 31.12.1983 shall be deemed to have been duly held 19th annual general meeting of the company. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 309 ..Category: Company Law | Date: 24 Nov, 1983 | Hits: 4
Debabarta Chatterjee Vs. Md. Munsur Ali & others, 1983, 12 CLC (HCD)
....k to him for hearing the appeal on merit. Anwarul Hoque Chowdhury J. — I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 136; 4 BLD (1984) (HCD) 107 ......Result: The Rule is made absolute. Limitation Act (IX of 1908); Section 5 & 14. Condonation of delay in filing appeal – Whether time spent by filing a case in the wrong forum due to mistaken advice is to be condoned--That mistaken advice given by a counsel and for that......; 14. Condonation of delay in filing appeal – Whether time spent by filing a case in the wrong forum due to mistaken advice is to be condoned--That mistaken advice given by a counsel and for that matter even by a senior counsel may constitute sufficient cause for condoning deley if ......k to him for hearing the appeal on merit. Anwarul Hoque Chowdhury J. — I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 136; 4 BLD (1984) (HCD) 107 ..Category: Limitation Law, Property Law | Date: 3 Oct, 1983 | Hits: 6
Anil Kumar Sarker & others Vs. Sree Sree Kalimata Bigraha, 1983, 12 CLC (HCD)
.... above we do not find any substance in this appeal. This appeal is therefore, dismissed with costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 47 ......ue, Subordinate Judge. Manikganj of Zilla Dhaka dated the 30th day of January, 1982 passed in title suit No.52 of 1981. Judgment M. H. Rahman J. — This appeal has arisen out of a suit for declaration that the suit property comprising 10 acre of land of plot No.140 appertaining to S.A......e Kalimata Bigraha.................Respondent Judgment April 14, 1983. Result: This appeal is dismissed. Cases Referred To- Province of East Pakistan Vs. Kshiti Dhar Roy and 3 others 16 D.L.R. (S.C.) 457; Sm. Panna Banarjee and others Vs. Kali Kikkor Gunguli AIR 19...... above we do not find any substance in this appeal. This appeal is therefore, dismissed with costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 47 ..Category: Property Law | Date: 4 Apr, 1983 | Hits: 4
.... reviewed. Let a notice be issued upon the parties to show cause within two weeks as to why our judgment should not be reviewed.
Ed.
This Case is also reported in: 35 DLR (AD) (1983) 203.
....... - I have gone through the judgments written by Badrul Haider Chowdhury and Shahabuddin Ahmed JJ. and I concur with the decision of Shahabuddin Ahmed J.
Badrul Haider Chowdhury J. - It is my misfortune that I could not persuade myself to the view expressed in the judgment of my learned brother......te Division
(Criminal)
Present:
FKMA Munim CJ
Badrul Haider Chowdhury J
Shahabuddin Ahmed J
Chowdhury ATM Masud J
Syed Md. Mohsen Ali J
Mahbubur Rahman Sikder and others................................Petitioners
Vs.
Mujibur Rahman Sikder alias M. R...... reviewed. Let a notice be issued upon the parties to show cause within two weeks as to why our judgment should not be reviewed.
Ed.
This Case is also reported in: 35 DLR (AD) (1983) 203.
..
Category: Contempt of Court Law, Criminal Law | Date: 1 Feb, 1983 | Hits: 132
....Advocates of the parties and by Mr. Rafiq-ul Huq who appeared as amicus Curiae.
Ed.
This Case is also Reported in: 34 DLR (HCD) (1982) 345; 3 BLD (HCD) (1983)149
......ot entitled to a relief ex-debito Justitiae and the Court has discretion to refuse remedy if the matter is not a simple one…..(12)
Rectification of share register
Petitioners prayed for rectification of the share register maintained by the respondent No. 1 by declaring the same as ......D) (1982) 345; 3 BLD (HCD) (1983)149
......Advocates of the parties and by Mr. Rafiq-ul Huq who appeared as amicus Curiae.
Ed.
This Case is also Reported in: 34 DLR (HCD) (1982) 345; 3 BLD (HCD) (1983)149
..
Category: Company Law | Date: 28 May, 1982 | Hits: 3
Narendralal Chowdhury & others Vs. Bimal Kanti Chowdhury & others, 1982, 11 CLC (HCD)
.... regard to the facts and circumstances of the case we direct the parties to bear their own costs of this appeal. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 40. ......of 1966. Judgment Ranadhir Sen J. — This appeal at the instance of defendants 16, 18 and 19 is directed against the judgment and decree of the leaned Subordinate Judge in a suit for recovery of khas possession upon declaration that the suit properties were trust properties alon......ip;…..Respondents Judgment May 4, 1982. Result: The appeal succeeds in part. Cases Referred to- Seth Jaasumal Vs. The Central Govt. Rehabilitation Department and others, 13 DLR (SC) 111; Ram Ran Vijay Prasad Singh Vs. Province of Bhar, AIR 1942 Patna 435; Th......d in A.I.R. 1942 Patna 435 for the proposition that the essential characteristic of trust must be expressed with reasonable certainty. This case arose out of a reference under the Bihar Agricultural Income Tax Act. The Maharaja Sir Radha Prasad Singh made a declaration to spend certain sum..Category: Civil Law, Property Law | Date: 4 May, 1982 | Hits: 1
....ordered that the suit be decreed for a sum of Tk. 10, 27,502/- only against defendant Nos. 1 and 2 and 3 with costs.
Ed.
This Case is also Reported in: 34 DLR (HCD) (1982) 356
......red as the Court of Admiralty. This Court exercises the same jurisdiction as the High Court of England exercised in 1890 under the Admiralty Court Act of 1861. The instant suit arising out of a claim for non-delivery of the cargo that was to be carried by the ship Nedlloyd Leuve is amenable to the j......llip;…………. Appellants
Vs.
Messrs. Nedlloyd Lunen B.V., Rotterdam owners of Nedlloyd Lines Bremen, represented by Agents M/s. M.M. Ispahani Limited, Ispahani Building and two others………....Respondent
Judgment
April 12, 1982
Re......ordered that the suit be decreed for a sum of Tk. 10, 27,502/- only against defendant Nos. 1 and 2 and 3 with costs.
Ed.
This Case is also Reported in: 34 DLR (HCD) (1982) 356
..
Category: Admiralty Law or Maritime Law, Corporate Law | Date: 12 Apr, 1982 | Hits: 5
Ragib Ali Vs. Bangladesh and ors, 1982, 11 CLC (HCD)
....e with costs to be paid as directed above. AT.M. Afzal J.—I agree. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 185. ...... Constitution of Bangladesh (1972), Art. 31 As a citizen of the country the petitioner was entitled to due protection of law. When he could legitimately expect due protection from the Government for maintaining his rightful possession, he was instead illegally dispossessed by the Government off......ivision (Special Original Jurisdiction) Present: Abdur Rahman Chowdhery J A.T. M. Afzal J Ragib Ali.......................................Petitioner Vs. Bangladesh and ors……………….........Respondents Judgment Janua......e with costs to be paid as directed above. AT.M. Afzal J.—I agree. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 185. ..Category: Administrative Law | Date: 26 Jan, 1982 | Hits: 1
Zainal Abedin & Another Vs. Government of Bangladesh & Others, 1981, 10 CLC (HCD)
.... transmitted to the appellate Division of this Court alongwith the certificate for leave to appeal. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 77, 1 BLD (HCD) (1981) 493 ......of a memorandum No. ED/SP-11(M)-9/78-47(500) dated 18th March, 1978 issued by the Secretary Establishment Division of the Cabinet Secretariat of the Government of Bangladesh providing a comprehensive formula for grating benefits to the employees who participated in the war of liberation; the aforesa......nts Judgment December 14, 1981 Result: The Rule is discharged. Cases Referred To- Haji Ghulam Zamin Vs. A.B. Khondker, PLD 1965 Dac 156; Municipal Corporation of Toronto and Attorney General of Ontario, (1896) A.C. 88 & 348; Dr. Nurul Islam Vs. Bangladesh. 1981 BLD ...... transmitted to the appellate Division of this Court alongwith the certificate for leave to appeal. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 77, 1 BLD (HCD) (1981) 493 ..Category: Administrative Law | Date: 14 Dec, 1981 | Hits: 1
Syed Abdul Aziz Vs.Bangladesh Agricultural Development Corporation and others, 1981, 10 CLC (HCD)
.... observation this rule is discharged. 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: 3 BLD (HCD) (1983) 54. ...... under Article 102 of the constitution is not entitled to take a different view or reverse the finding of the enquiry committee on appreciation or review of the materials afresh as placed before the enquiry officer. The petitioner though in his explanation named certain persons to be ......ud Chowdhury J Sultan Hossain Khan CJ Syed Abdul Aziz……………………Petitioner Vs. Bangladesh Agricultural Development Corporation and others……Respondents Judgment November 18, 1981. Result: ......ion) Present: Abdul Wadud Chowdhury J Sultan Hossain Khan CJ Syed Abdul Aziz……………………Petitioner Vs. Bangladesh Agricultural Development Corporation and others……Respondents Judgment Nove..Category: Administrative Law, Constitutional Law | Date: 18 Nov, 1981 | Hits: 2
Jamil Huq (Ex-Captain) Vs. Bangladesh & Others, 1981, 10 CLC (AD)
....tion is rejected. The varbal prayer for stay of the execution of the sentences made by Mr. M.H. Khandker is refused. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 488 ...... lawful authority and when a person is serving out an order of sentence passed by a Court or tribunal, the jurisdictional validity of that order could be looked at. When such a question is agitated before the Court, the Court is first to see the provisions of the law as well as the provisions of the......Vs. Bangladesh & Others………………………….Respondent And Mrs. Mamata Ahmed on Behalf of Capt. A. Z. Ghyasuddin Ahmed and Ors……..Appellants Vs. Bangladesh & Others……&hell......tion is rejected. The varbal prayer for stay of the execution of the sentences made by Mr. M.H. Khandker is refused. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 488 ..Category: Constitutional Law, Criminal Law | Date: 22 Sep, 1981 | Hits: 2
Md. Ismail & others Vs. Govt. of Bangladesh and others, 1981, 10 CLC (HCD)
....he operation of the impugned order of requisition is stayed till 21st October, 1981 from date. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 4, 1 BLD (HCD) (1981) 407 ......al J Md. Ismail & others…………………………Petitioners Vs. Bangladesh, represented by the Secretary Ministry of Land Re-forms and Land Administration, Govt. of Bangladesh and others...........Respondents and Md......afa Kamal J Md. Ismail & others…………………………Petitioners Vs. Bangladesh, represented by the Secretary Ministry of Land Re-forms and Land Administration, Govt. of Bangladesh and others...........Respondents and ...... been made available to us for our perusal. The objects of the Society have been stated to be to promote the interest of the anglers and all persons associated with its activity and interested in agricultural operation and improved method of cultivation and in bona fide need of housing accommodation..Category: Property Law | Date: 19 Aug, 1981 | Hits: 2
....1.7.80 was done without lawful authority.
The Rule is accordingly made absolute without any order as to costs.
Ed.
This Case is also Reported in: 34 DLR (HCD) (1982) 34
...... it could be said that the passport which Towab was holding at the time of his arrival at Tejgaon Airport is not a valid passport. It is not alleged by the respondent that the passport in question is forged or fake. The only contention of the respondent is that Towab obtained the passport in questio...... by the respondent that the passport in question is forged or fake. The only contention of the respondent is that Towab obtained the passport in question on suppression of material facts in "a clandestine manner" without declaring or surrendering the passports issued earlier to him. On the......1.7.80 was done without lawful authority.
The Rule is accordingly made absolute without any order as to costs.
Ed.
This Case is also Reported in: 34 DLR (HCD) (1982) 34
..
Category: Constitutional Law, Procedural Law | Date: 23 Jul, 1981 | Hits: 1
Bengal Water Ways Ltd & Another
....rds I concur with the judgment delivered by my learned brother Masud J. and dismiss the appeal with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 435 ......so permit, be would up on the principles of dissolution of a partnership firm……………….(30) Exclusion of director or deadlock in the management are grounds for dissolution of a company on equitable principles. There cannot be any precise definition or......ormula of the principle of 'just or equitable' clause— Whether or not there are equitable considerations for the application of the Principle must necessarily depend upon the facts and circumstances of each case and the judicial discretion of the court. The allegation made by resp......rds I concur with the judgment delivered by my learned brother Masud J. and dismiss the appeal with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 435 ..Category: Corporate Law | Date: 8 Jul, 1981 | Hits: 0
Sasanka Sekhar Bose @ Mona Bose Vs. Government of Bangladesh, 1981, 10 CLC (HCD)
....expeditiously as practicable. Send down the records at once. Ed. Abdul Matin Khan Chowdhury J. — I agree. This Case is also Reported in: 34 DLR (HCD) (1982) 32 ......e Summary Military Court in respect of the sentence of fine in accordance with the procedure laid down under the Code of Criminal Procedure……(5) Lawyers Involved: M. A. Rashid for B. B. Roy Chowdhury—For the Appellant. Mazzem Hossain, Deputy Attorney General—......s dismissed Code of Criminal Procedure (V of 1898); Section 386 Army Act (XXXIX of 1952); Section 142 Sentence of Fine Imposed by Summary Military Court - Whether Such Fine is a Decree and Can be Executed through Civil Court— In relation to the provision of Army Act which h......expeditiously as practicable. Send down the records at once. Ed. Abdul Matin Khan Chowdhury J. — I agree. This Case is also Reported in: 34 DLR (HCD) (1982) 32 ..Category: Procedural Law | Date: 5 May, 1981 | Hits: 2
Registrar, University of Dacca Vs. Dr. Sajjad Hossain And University of Dacca, 1981, 10 CLC (AD)
....sts. Order of the Court In view of the decision of the majority, me appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 348 ......nts inimical to the liberation struggle or creation of Bangladesh. Three definite concepts have been introduced in clause (b). It will be absurd that while collaboration will be offensive if it is performed in the exercise of powers or in the discharge, of duties but conduct or activities exhibiting......of a government servant falls outside the purview of Art. 5(b)— Art. 5(b) is in three parts, the first part deals with collaboration, the second part deals with the of ideology of Pakistan and the third part deals with the support of the elements inimical to the liberation struggle or cre......sts. Order of the Court In view of the decision of the majority, me appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 348 ..Category: Administrative Law | Date: 30 Apr, 1981 | Hits: 67
Goutam Ranjan Sen & others Vs. Bangladesh & others, 1981, 10 CLC (AD)
....sts. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 126 ...... K. Hossain CJ. - The question involved in this appeal is whether the learned Judges of the High Court Division were correct in dismissing the suit brought by the predecessor of the appellants for the grant of Letters of Administration on the ground that the property in question being an enem......………………………Respondents Judgment January 8, 1981 Result: The appeal is allowed. Case Referred to- M/s. Dulichand Omraolal Vs. Bangladesh 1981 BLD (AD) 1. Lawyers Involved: MS Dilichand Omraolal......sts. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 126 ..Category: Property Law | Date: 8 Jan, 1981 | Hits: 2
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