Search Options
Judgment Advanced Search
Displaying 2901-2920 of 7133 results.
M/s. Anath Bandhu Guha Vs. Sudhanpsu Sekar Dey alias Halder and others, 1979, 8 CLC (AD)
....f the matter we do not find any substance in this contention as well. Therefore, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 312.......Judge decided on all the points in favour of respondent No.1 excepting on the question that the transfer was not permissible under Article 35 of the Articles of Association of the Company, because, according to him, a child does not include adopted son. On this finding alone, the application was......shu Sekhar Dey alias Sudhangshu Sekhar Halder for rectification of the Share Register of the appellant Company M/s. Anath Bandhu Guha and Sons Ltd. and for entering his name in the Register, claiming to be the adopted son of respondent No.2 Tarani Prashad Dey holding two shares, and a Member Direc......rt Division keeping in view the language of Article 35 of the Articles of Association which reads as under: “Any share may at any time be transferred by a member to any child other issue, son-in-law, daughter-in-law, father, mother, brother, sister, nephew, niece, wife or husband of such member..Category: Company Law | Date: | Hits: 164
Nuvista Pharma Limited Vs. National Board of Revenue and others, 2010, 39 CLC (HCD)
....e the petitioner company as we found from the supplementary affidavit is willing to pay and settle with the respondents all its dues which we have already discussed, we are of the view that ends of justice would be met if the respondents are directed to register the new name of the company MJL B......opposition filed by the respondent and submitted that the petitioner company admitted the demand and furnished unconditional bank guarantee for changing of the name and ownership of the company and accordingly name and ownership of the company was changed by the VAT authority as per Rule 12 of V......d. Ashfaqul Islam J SM Emdadul Hoque J Nuvista Pharma Limited................................Petitioner Vs. National Board of Revenue and others...........Respondents Judgment October 27, 2010. Result: The Rule is discharged. Case Referred to- Uttara Bank Vs. Macnei......ertaking from the petitioner as security against their direct formal demand of Taka 2,75,42,815.02 for approving the name change of the petitioner should not be declared to have been made without any lawful authority and is of no legal effect and also as to why they should not be directed to relea..Category: Fiscal/Taxation Law | Date: | Hits: 181
Christian Service Society (CSS) Vs. First Labour Court, Chittagong and others, 2008, 37 CLC (HCD)
....itted illegality in deciding the case beyond its jurisdiction. Accordingly, the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 125. ......itted illegality in deciding the case beyond its jurisdiction. Accordingly, the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 125. .......................Petitioner Vs. First Labour Court, Chittagong and others................Respondents Judgment January 6, 2008. Result: The Rule is made absolute. Cases Referred to- 57 DLR 741; 28 DLR 473; 12 MLR 401; 7 BLC (AD) 119; 49 DLR (AD) 177; 49 DLR (AD) 161; 32 DLR ......h cost. 4. Mr. Mahmudul Huq, the learned Advocate appearing on behalf of the petitioner submits that the petitioner is a voluntary organization which is non profit one and registered under special law and, as such, cannot come within the definition of establishment/industry as described in the ..Category: Labour and Industrial Law | Date: | Hits: 201
Golam Mowla Vs. Abdul Hashem, 2009, 38 CLC (HCD)
....te Court has not reversed this specific findings of the trial Court which is the main crux of the case and, thereby has committed error of law which is an error in the decision occasioning failure of justice. The learned Advocate then drew my attention to the schedule of the plaint and also evidence......idly supported the judgment of the Appellate Court and submitted that the Appellate Court having regard to the provisions of Order XLI, rule 31 has clearly reversed the finding of the trial Court and accordingly; recorded findings and having been satisfied upon discussion of the materials on record ......omtazuddin Ahmed J Golam Mowla............Petitioner Vs. Abdul Hashem.................Opposite Party Judgment August 2, 2009. Result: The Rule is made absolute. Cases Referred to- Ranju Roy Vs. Jibesh Ranjan Roy, 14 MLR (AD) 18; Anwar Hossain Vs. Abdul Hossain Mollah, 44 D......dings of the Appellate Court and pointed out that the Appellate Court has not reversed this specific findings of the trial Court which is the main crux of the case and, thereby has committed error of law which is an error in the decision occasioning failure of justice. The learned Advocate then drew..Category: Property Law | Date: | Hits: 88
Abdur Rahman Vs. Md. Abdul Awal and others, 2009, 38 CLC (HCD)
....d order passed by the learned Additional Metropolitan Sessions Judge in rejecting the Criminal Revision affirming those passed by the trial Court is bad in law and should be quashed to secure ends of justice. 11. Mr. Anisul Haque, the learned Advocate appearing with Mr. Ramjan Ali Shikder and Mr.......rst party) in possession of the case land and that the petitioner (second party) was trying to dispossess him from the case land and that also there was actual apprehension of breach of the peace and accordingly submitted the report on 23-5-1997. The Chief Metropolitan Magistrate considering the enq......ar Hossain J Abdur Rahman ............Petitioner Vs. Md. Abdul Awal and others........Opposite Parties Judgment December 3, 2009. Result: The Rule is discharged. Case Referred to- 20 DLR 367. Lawyers Involved: Abu Bakar Siddique, Advocate - For the Petitioner. Ani......sed the opposite party No. 1 (first party) from the case land. The opposite party No. 1 on 16-6-1997 filed an application under section 145(4) of the Code informing dispossession sought protection of law. It was further contended that on 26-11-1997 Sarbat Banu and 23 others as plaintiffs instituted ..Category: Criminal Law | Date: | Hits: 122
Commissioner of Income Tax and others Vs. M/S. Allynagar Tea Co. Ltd. and other, 1977, 6 CLC (AD)
....le Taxation between Pakistan and the United Kingdom. The result is that all these appeals are dismissed with no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 119.......ance of Double Taxation between United Kingdom and Pakistan and do therefore require consideration by this Court. 6. Mr. Mozammel Huq Bhuiyan, learned Counsel for the Revenue, has submitted that according to the proviso to Article VI (1) of the Agreement for Avoidance of Double Taxation a forei......e in each of the said income tax assessment cases is a Sterling Company having its registered office in United Kingdom in which public are substantially interested within the meaning of explanation 1 to sub-section (1) of section 23A (1) of the Income Tax Act, 1922. The first three of the assessme......tely by the appellant the Commissioner of Income Tax, under section 66(2) of the Income Tax Act in the income tax assessment cases of the assessee respondents on the ground that no questions of law arose out of the orders of the Income Tax Appellate Tribunal in the said four assessment cases. ..Category: Fiscal/Taxation Law | Date: | Hits: 143
Mosharraf Hossaian and another Vs. State, 1977, 6 CLC (AD)
....e Code of Criminal Procedure in the Court of a competent Magistrate who will proceed in accordance with law. Steps be taken accordingly. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 112.......ation for quashment whereupon the appellants obtained special leave to appeal. Hence this appeal. 3. Mr. Ahmad Sobhan, the learned Counsel for the appellants submitted that the alleged offence according to the prosecution was committed on 5-2-1974, whereas the Act came into force on 9-2-197......n and another……………...Appellants Vs. The State...........................................Respondents Judgment May 25, 1977. Result: The appeal is allowed. Cases Referred to- Kabir Ahmed Vs. State, (1974) 26 DLR 44; Alam & ors. Vs. State, (1967) 19 DLR (SC) 242; C......r the Act it would be in violation of Article 35 of the Constitution which provides that no person can be subjected to a penalty greater than or different from that which might be inflicted under the law in force at the time of the commission of the alleged offence. So it was urged that the proceedi..Category: Criminal Law | Date: | Hits: 76
.... file concise statement within 6(six) weeks and 1(one) week thereafter the respondent shall file concise statement to make the appeal ready.
Ed.
This Case is also Reported in: 9 ADC (2012) 381....... file concise statement within 6(six) weeks and 1(one) week thereafter the respondent shall file concise statement to make the appeal ready.
Ed.
This Case is also Reported in: 9 ADC (2012) 381.......Omar Khayum and others....................Respondents (In Civil Petition No.1798 of 2010)
Order
August 9, 2011.
Result:
Leave is granted.
Lawyers Involved:
Rajik-Al-Jalil, Deputy Attorney General instructed by B. Hossain, Advocate-on-Record—For the Petitioners (In all the cases)......3.08.2009 passed by the High Court Division in Writ Petition Nos.8289 of 2008, 9585 of 2008, 92 of 2009 and 1224 of 2009.)
Order
Nazmun Ara Sultana J.- Since similar facts and same questions of law are involved in all these four Civil Petitions for Leave to Appeal these have been heard togethe..
Category: Employment/Service Law | Date: | Hits: 133
Md. Hanifuddin and another Vs. Abdul Mannan and others, 2012, 41 CLC (AD)
.... the High Court Division without giving any findings as to that cancellation of the settlement of the suit land has made the rule absolute which has been illegal and has caused serious miscarriage of justice. 16. Mrs. Sufia Khatun, the learned advocate for the respondent Nos.1-4 has made submis......Court in accordance with Rules. The parties are directed to maintain status-quo in respect of the suit land till disposal of the appeals. Ed. This Case is also Reported in: 9 ADC (2012) 372.......tition Nos. 2512 & 2514 of 2009) Respondent Nos.5-8—Not represented (In Civil Petition Nos. 2512 & 2514). Respondents—Not represented (In Civil Petition No. 2513). Civil Petition tor Leave to Appeal Nos.2512-2514 of 2009. (From the judgment and order dated 19.07.2009 passed ......Nos.1 to 4 government was that the defendant No.7 took settlement of the suit land from the government collusively and fraudulently and as such the government subsequently cancelled that settlement lawfully and legally. That the defendant No.7 never possessed the suit land and the plaintiffs also ..Category: Property Law | Date: | Hits: 68
.... judgment and order dated 20.05.2010 passed by the High Court Division in Writ Petition No.6790 of 2005 be stayed till disposal of the appeal.
Ed.
This Case is also Reported in: 9 ADC (2012) 368....... judgment and order dated 20.05.2010 passed by the High Court Division in Writ Petition No.6790 of 2005 be stayed till disposal of the appeal.
Ed.
This Case is also Reported in: 9 ADC (2012) 368.......:
Mainul Hosein, Senior Advocate instructed by A.K.M. Shahidul Huq, Advocate-on-Record—For the petitioners.
Md. Nawab Ali, Advocate-on-Record—For the Respondent.
Civil Petition for Leave to Appeal No.1675 of 2010.
(From the judgment and order dated 20.05.2010 passed by the High Court......2005 making the Rule absolute in part declaring that the impugned order of termination as contained in memo No. AD M/S FC/P-1181/758 dated 29.03.2004 (Annexure-C to the writ petition) to be without lawful authority and of no legal effect.
2. The facts of the case, in brief, are that the writ pe..
Category: Employment/Service Law | Date: | Hits: 180
Bangladesh Bank and another Vs. Sukamal Sinha Choudhury and another, 2011, 40 CLC (AD)
....ted earlier be extended till disposal of the appeal. This interim order shall not effect in any way retirement benefit of the respondent. Ed. This Case is also Reported in: 9 ADC (2012) 218.......ted earlier be extended till disposal of the appeal. This interim order shall not effect in any way retirement benefit of the respondent. Ed. This Case is also Reported in: 9 ADC (2012) 218.......…………....Petitioners Vs. Mr. Sukamal Sinha Choudhury and another………………………..Respondents Order December 12, 2011. Result: Leave is granted. Cases Referred to- Bangladesh Vs. Md. Azizur Rahaman, 1994 (46) DLR (AD) 19; (AIR 1986 (SC) 1830; AIR 1987 (SC) ......ent No.2 Bangladesh Bank contested the rule by filing affidavit-in-opposition. The material case of this respondent was that the impugned circular No.10 of 2005 has been formulated in accordance with law for the betterment and effective functioning of the bank and with a view to modernize the instit..Category: Employment/Service Law | Date: | Hits: 211
Nur Mohammad Bhuiyan and others Vs. Aysha Khatoon and others, 2011, 40 CLC (HCD)
....ry of the period of limitation. 19. In view of the above, the lower appellate Court in passing the impugned judgment committed error of law resulting in an error in decision occasioning failure of justice, and as such the Rule merits consideration. 20. In the result, the Rule is made absolute.......ated 8.11.1986 of the Munsif (now Assistant Judge), First Court, Chandpur in Title Suit No. 51 of 1983 are restored. Send down the lower Courts’ records. Ed. This Case is also Reported in: ......High Court Division (Civil Revisional Jurisdiction) Present: Md. Ruhul Quddus J Nur Mohammad Bhuiyan being dead his heirs Rumana and others ................ Petitioners Vs. Aysha Khatoon and others ................................................................... Opposite Parties......t order dated 9.12.1982 passed by the Circle Officer (Revenue) of Chandpur in Miscellaneous Case No. 54 of 1973 rejecting the same, was illegal. 3. Plaintiff’s case, in brief, is that he was the lawful owner of 45 decimals of land as described in the schedule of plaint. He was forced with neces..Category: Property Law | Date: | Hits: 87
....ithin six months from receipt of the judgment. No further adjournment shall be allowed at the instance of the added-defendants.
Faruque Ahmed J. - I agree.
Ed.
This Case is also Reported in:
......ithin six months from receipt of the judgment. No further adjournment shall be allowed at the instance of the added-defendants.
Faruque Ahmed J. - I agree.
Ed.
This Case is also Reported in:
......
Md. Mubarak Hossain, Advocate - for opposite party No.17.
Civil Revision No. 3922 of 2010.
Judgment
Md. Ruhul Quddus J. - This Rule, at the instance of third party-petitioners, was issued to examine the legality of order dated 22.9.2010 passed by the Joint District Judge, First Court, Ba...... were necessary parties in the present suit for partition and flatly rejected their application only on the ground that the suit was fixed for delivery of judgment.
6. It is a settled principle of law that a party may be added at any stage of a suit or proceedings even at appellate or revisional ..
Category: Procedural Law | Date: | Hits: 77
Shahidullah Shaik and others Vs. Atahar Shaik and others, 2011, 40 CLC (HCD)
.... considered the evidence, elaborately discussed each and every aspect of the case and dismissed the appeal. He did not commit any error of law resulting in an error in decision occasioning failure of justice. I do not find any substance in the Rule. In the result, the Rule is discharged. The orde...... the Rule. In the result, the Rule is discharged. The order of stay granted at the time of issuance of Rule is vacated. Communicate a copy of the judgment. Ed. This Case is also Reported in: ......f Senior Assistant Judge, Moksedpur, Gopalgonj for partition of their ejamali land as described in the schedule of the plaint. The defendants (herein petitioner Nos. 1-3) had appeared in the suit and took time for filling written statement. As they failed to submit any written statement and take any......eason to be aggrieved by the same. The learned District Judge considered the evidence, elaborately discussed each and every aspect of the case and dismissed the appeal. He did not commit any error of law resulting in an error in decision occasioning failure of justice. I do not find any substance..Category: Procedural Law | Date: | Hits: 74
Sree Binoy Krisna Saha and others Vs. Sree Reboti Mohon Saha and others, 2011, 40 CLC (HCD)
....aracter of the suit land and adjudicated the same against the plaintiffs. Mr. Nurul Islam, learned Advocate concludes with a prayer for remand of the appeal to the appellate Court to meet the ends of justice. It appears from the record, that a copy of the Rule has been served upon the opposite pa......rty to call for any document, recall or re-examine the witnesses and take additional evidence, if it is so required. Send down the lower Courts’ records. Ed. This Case is also Reported in: ......- for the petitioners. Not represented- the Opposite parties. Civil Revision No. 924 of 2004. Judgment Md. Ruhul Quddus J. - This Rule at the instance of defendant-respondents was issued to examine the legality of judgment and decree dated 21.1.2004 (decree signed on 27.1.2004) passed b......ers submits that the appellate Court being the last Court of fact did not independently asses the evidence and arrive at its own findings in passing the impugned judgment, and thus committed error of law. He further submits that the appellate Court without reversing the findings of trial Court reman..Category: Property Law | Date: | Hits: 66
National Board of Revenue and others Vs. Mustafizur Rahman, 2003, 22 CLC (AD)
.... judgment with reference to the relevant provisions of the concerned SRO. In view of the above matter, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: ......ondent felt the necessity to import the duplex board from South Korea to use them in the inner and master carton in order to increase more export of Shrimps to the satisfaction of the foreign buyers, accordingly applied on 16.2.1995 to the writ respondent No.1, the Member, National Board of Revenue,......s. Mustafizur Rahman…………………………………………..Respondent Judgment January 21, 2003. Result: The appeal is allowed. Lawyers Involved: A. F. Hassan Ariff, Attorney General (Borhanuddin, Deputy Attorney General with him), instructed by Md. Sajjadul Huq, Advo......ment and order of the High Court Division making the rule absolute declaring that the impugned Memo No.2(14) Customs-8/90/307 dated 8.2.1996 vide Annexure-C of the Writ Petition has been made without lawful authority and the same is of no legal effect and directing the appellants to accord permissio..Category: Fiscal/Taxation Law | Date: | Hits: 140
Government of Bangladesh and others Vs. Md. Salim Reza, 2003, 22 CLC (AD)
....d signing his attendance register and his service cannot be under any circumstances be taken away without due process of law as such the impugned order as contained in Annexure-G is devoid of natural justice also. The learned Counsel further submitted that while issuing the impugned order no proceed......he care and contract of the Ministry of Health and Family Planning, Government of Bangladesh the appellant nos.1 to 6 decided to recruit man power of the upgrade hospital for opening the Hospital and accordingly created 142 gazetted and non-gazetted post for running the hospital. That the order was ...... Vs. Md. Salim Reza……………………..…………………………………………Respondent Judgment January 29, 2003. Result: The appeal is dismissed. Cases Referred to- Dipti Prakash Banerjee Vs. Satyendra Nath Bose National Centre for Basic Sciences, (1999) 3 S...... such cancellation no notice of show cause is required. He also submitted that the impugned order having been passed in respect of the terms and conditions of service the High Court Division erred in law in not holding that the writ petition was not maintainable. 5. Mr. A.J. Mohammad Ali, the le..Category: Employment/Service Law | Date: | Hits: 155
....he suit land in favour of appellants through court.
The office is directed to send down the lower Court’s record at once.
Md. Rais Uddin J. - I agree.
Ed.
This Case is also Reported in:
......was started in 1974. The background of that battle was that the present plaintiff respondent entered into a contract for sale of the suit land in favour of M/S Imperial commercial Industries Ltd. and accordingly an agreement for sale was executed and registered on 17.08.1970. M/S Imperial commercial......t-Appellants
Vs.
M/S. Imperial Chemical Industries Bangladesh Limited………………Plaintiff-Respondent
Judgment
March 20, 2011.
Result:
The appeal is allowed.
Cases referred to-
19 DLR (SC) 143; 28 DLR (HD) 392.
Lawyers Involved:
Fazlul Karim with Md. Omar Faruk - ......cutable.
vi) What amount is payable by the decree holder towards income tax for getting the kabala deed executed and registered?
vii) Whether the impugned Judgment and decree are sustainable in law?
9. Let us take up issue No. i, ii, iii and iv together for consideration and decision:-
T..
Category: Property Law | Date: | Hits: 113
....t. No further adjournment will be allowed at the instance of the substituted defendants.
Communicate a copy of the judgment.
Faruque Ahmed J. - I agree.
Ed.
This Case is also Reported in:
......n 9.7.2005. Thereafter they filed an additional written statement incorporating the ultimate result of Title Suit No. 33 of 2000 (renumbered as Title Suit No. 258 of 1997) and some other facts, which according to them, were necessary for effective disposal of the suit and also for better pleading. T......titioners
Vs.
Md. Habibur Rahman and others ........................................ Opposite Parties
Judgment
November 30, 2011.
Result:
The Rule is made absolute.
Case referred to-
Abul Kalam Azad and another Vs. Sunhar Ali and others, 46 DLR (AD) 130.
Lawyers Involved:
......her. Therefore, it cannot be said that the substituted defendants by way of additional written statement have introduced a new fact and controversy between the parties. This is a settled principle of law that pleading can be amended at any stage of suit/proceeding, if it is necessary for better plea..
Category: Property Law | Date: | Hits: 67
Sree Nitta Nando Dey and others Vs. Nogendra Krishna Kundu and another, 2011, 40 CLC (HCD)
....nd Court, Munshiganj in Title Appeal No. 119 of 1994 are hereby set aside and those of the trial Court are restored. Send down the lower Courts’ records. Ed. This Case is also Reported in: ......learned Advocate appearing for the petitioners submits that the trial Court has considered the evidence of both the parties and believed the sale agreement to have been executed by defendant No.1 and accordingly decreed the suit, but the appellate Court though found that the trial Court passed its j......vil Revision No. 678 of 1999. Judgment Md. Ruhul Quddus J. - This Rule at the instance of plaintiff-respondents was issued on an application under section 115 (1) of the Code of Civil Procedure to examine the legality of judgment and decree dated 28.9.1998 (decree signed on 5.10.1998) passed b...... believed the sale agreement to have been executed by defendant No.1 and accordingly decreed the suit, but the appellate Court though found that the trial Court passed its judgment in accordance with law and there is no reason to interfere with the same, allowed the appeal and thereby committed erro..Category: Property Law | Date: | Hits: 76
70006998699769966995699469936991698969886986698569846983698269816980697969786977