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Ellal Textile Mills Ltd. & others Vs. Md. Abdul Awal & others, 1984, 13 CLC (AD)
....a party to the application to have his name entered in or omitted from the register, whether the question arises between members or alleged members, or between members or alleged members on the one hand and the company on the other hand; and generally may decide any question necessary or expedie...... the Company Judge framed preliminary issues and decided in favour of taking up both the matters together on the ground that separate petition “will be both time consuming and expensive". Be it noted that the petition for winding up is still pending before the Company Judge as noticed above...Category: Company Law | Date: | Hits: 195
Birendra Chandra Saha Vs. Sashi Mohan Saha and others, 1975, 4 CLC (AD)
....order as to costs. Ed. ......racity of the witness." The decision of the Full Bench of the Lahore High Court in the case of Firm Malik Das Raj Vs. Firm Peary Lal, reported in A.IJR. 1946 (Lahore) 65, was taken note of both by M. Monir in his book and the learned Judges of the Supreme Court of India in the ca..Category: Property Law | Date: | Hits: 37
Jabed Ali Sarker Vs. Dr. Sultan Ahmed and another, 1975, 4 CLC (AD)
....d from the Rajshahi Collectorate shows the last number to be 3656 of September, 1969). The appellant obtained the share certificate fraudulently and collusively and the Bank malafide and illegally handed over the share certificate to the respondent No. 1. The Board of Directors, of respondent No......question of fact and since this has been decided by the Courts below, we find no substance in the contention of the learned Counsel. This appeal is accordingly dismissed with cost. ..Category: Business or Commercial Law | Date: | Hits: 113
Governor, Bangladesh Bank & others Vs. Shamsul Huda Khan and another, 1975, 4 CLC (AD)
.... right and the respondents can have no grievance arising from the Circular and the preparation of joint seniority list thereunder. 5. Mr. Moinul Huq appearing for the respondents, on the other hand, invited our attentions to the Regulations especially Regulations No. 1, 9 and 14 and the provi...... inter alia, that the seniority of the Coin/Note Examiners and Typists who have already been transferred to the general side as clerks Grade-II should count from the date of their appointment as coin/note examiners and typists as the case may be for the purpose of promotion to the cadre of clerks Gr..Category: Employment/Service Law | Date: | Hits: 87
Badal Rani Misra alias Badal Rani Goswami and others Vs. Bangladesh and others, 1975, 4 CLC (AD)
....cate-General or Collector has been given to a suit by three persons as plaintiffs the suit cannot validly be instituted by two only. The suit as instituted must conform to the consent. On the other hand if the three persons join as plaintiffs and two of them die pending suit, the suit does not b......d. The case of Gordon, Dadds & co. supports the contention of the learned Attorney-General. There is accordingly no merit in this appeal which is dismissed but without any order as to cost. Ed. ..Category: Property Law | Date: | Hits: 48
Osman Gani Mondal Vs. Mainuddin Ahmed and others, 1974, 3 CLC (AD)
....t of the Constitution, i.e. on or before the 15th day of March, 1972; and that this petition is incompetent, having been lodged after that date. 8. Learned Counsel for the petitioner, on the other hand, submitted that paragraph 7 of the Fourth Schedule of the Constitution was a remedial enactment......ule of construction that where statutory restrictions are couched in negative terms they are almost invariably held to be mandatory: See Sutherland, 3rd edition, Volume 3, p. 96, section 5814 which notes that "there is but one way to obey the command 'thou shall not,' and that is to refrai..Category: Constitutional Law | Date: | Hits: 148
Bangladesh Enemy Property Management Board and ors. Vs. Md. Abdul Majid, 1975, 4 CLC (AD)
....Pak Pharmaceutical Works Limited, (hereinafter referred to as "the firm") which was incorporated in 1954 in the town of Barisal and of which Ram Lai Bhattacharjee, Jibananda Bhattacharjee and Suresh Chandra Sen Gupta, who contributed Taka 23.000/- were the first directors. Upon the death of Suresh C......n announcement by the Government that it had come to an end. Our attention was also invited to the relevant passages in Halsbury's Laws of England, Third Edition, Volume 7 at pages 290 and 191 and to note (b) at page 291 wherefrom it was sought to be made out that the slate of war can only be termin..Category: Property Law | Date: | Hits: 125
Government of Bangladesh Vs. Ahmed Nazir, 1975, 4 CLC (AD)
....ion of the scope of power under Article 102 (2)(b)(i) of the Constitution. He also referred to the American Law on the point. 4. Mr. S.R. Pal appearing for the respondent, on the other hand, invited our attention to the relevant Articles of Halisbury’s Laws of England, s......nsideration before a Full Bench of the Bombay High Court in In re: Prahlad Krishna Kurne reported in 52 Cr. L.J. 1951 page 305 and Chagla, C.J., who delivered the judgment of the Bench having taken note of the report of the Privy Council in the case of C.P. Matten Vs. District Magistrate, Trivan..Category: Criminal Law | Date: | Hits: 85
Adam Ali Sardar and others Vs. The State and another, 1975, 4 CLC (AD)
.... Magistrate also committed an error of law in not releasing the land from attachment in the aforesaid circumstances. Mr. M. R. Khan the learned Advocate-on-Record for respondent No. 2, on the other hand, contended that as the learned Additional District Magistrate in his order dated 25. 3. 68, w...... A. B. Mahmud Husain, J.—I agree. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 37. ..Category: Criminal Law | Date: | Hits: 49
Jamdhar Khan Vs. The State, 1975, 4 CLC (AD)
....of a sum of Rs. 915/- by the petitioner. There is no merit in this petition and the Leave prayed for is refused. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 35. ...... of the First Class or make any arrest therefore without a warrant." 3. There is a proviso to the sub-section which need not be quoted for the present case. It has already been noted that the offence for which the petitioner was prosecuted was the offence of criminal breach o..Category: Criminal Law | Date: | Hits: 44
Lutfun Nahar Begum Vs. The State, 1975, 4 CLC (AD)
.... to the Court of Sessions to stand trial on a charge under section 302/109 of the Penal Code. 2. The appellant Lutfun Nahar Begum along with three persons, namely, Sadhan Kumar Mali, Surid Chandra Das alias Suresh Chandra Das and Nagar Bashi Mali were committed to the Court of Sessions by......reason for doing so. P. W. 20 slated that he was present when the police searched the house of co-accused Nagarbashi and recovered many other articles, including some envelopes containing currency notes, and accused Sadhan told that he got Rs. 1000/-, which was found in one of the envelopes, &qu..Category: Criminal Law | Date: | Hits: 60
Solicitor, Government of Bangladesh Vs. Syed Sanwar Ali and others, 1974, 33 CLC (AD)
....f 1974). Badsha Miah.....................Respondent (In Criminal Appeal No. 8 of 1974). Md. Bazlur Rahman Miah & another……....Respondents (In Criminal Appeal No. 9 of 1974). Gopal Chandra Roy & another ……………………Respondents (In Criminal Appeal No. 10 of 1974). ......cted person upon admission of his appeal is inconsistent with the provision of Article 14 of P. O. 8, it cannot be invoked to grant bail to a person convicted under that P. O. That decision was taken note of by the learned Judges of the High Court Division who, however, took the view that the said..Category: Criminal Law | Date: | Hits: 104
Abdur Rashid Vs. The State, 1975, 4 CLC (AD)
....bsp; Cases Referred to- Khadim Vs. The Crown, P.L.D. 1954 Lahore 69; Abdul Gani Vs. The State, 19, DLR. Dacca 388; The State Vs. Puma Chandra Mondal 22 DLR. Dac. 280. Lawyers involved: Abdur Rashed, Advocate— For......de. The prisoner is found not guilty of the charge under section 302 of the Penal Code against him. He is acquitted of the said charge and is directed to be set at liberty forthwith. Ed. ..Category: Criminal Law | Date: | Hits: 66
Bangladesh Bank Vs. Debendra Nath Dutta, 1981, 10 CLC (AD)
....ained in any other law for the time being in force every order or decision of the High Court shall be final and binding for all purposes as between the banking company on the one hand, and all persons who are parties thereto and all persons claiming through or under them ......view of the above, the appeal is allowed, the decision of the Appellate Beach is set aside and that of the company Judge restored. However, there will be no order as to costs. Ed. ..Category: Business or Commercial Law | Date: | Hits: 101
Dr. Jamshed Bakht Vs. Ameaur Rashid Chowdhury, 1981, 10 CLC (AD)
....r Badrul Haider Chowdhury, J. Order of the Court In view of the decisions of the majority, the appeal is allowed. The judgment of the High Court Division is set aside. Ed. ......ction 499 of the Penal Code. Counsel contended that this exception does not cover statements made in written complaint but statements made orally in open court. 3. It would be useful to take note of the facts of the case. The appellant Dr. Jamshed Bakht was the Chief Medical Officer, Sylh..Category: Criminal Law | Date: | Hits: 77
Md. Abdur Rouf and others Vs. Ahmuda Khatun and others, 1981, 10 CLC (AD)
.........Respondents Judgment July 10, 1978. Lawyers Involved: T.H. Khan, Senior Advocate instructed by S.M. Haq, Advocate-on-Record—For the Appellants. M.H. Khandkar, Senior Advocate (K.M. Hasan, Advocate with him) instructed by Aminul Huq, Advocate-on....... For the reasons stated above, the appeal is allowed with costs and the judgment and order of the High Court Division are set aside and those of the Trial Court are restored. Ed. ..Category: Property Law | Date: | Hits: 47
Md. Matlabur Rahman & ors Vs. Madan Meah Chowdhury, 1981, 10 CLC (AD)
....nd the original founder was the grandfather of the deceased plaintiff. No custom had yet been built up worth the name because the Darbarsharif is not yet over 100 years standing. On the other hand, it appears that after the death of the original founder his son Moulana Abdul Hye became the ......Managing Committee which was alleged to have been found after death of the deceased plaintiff did not include any of the defendants who are the direct decendants of the original founder. Be it noted that the defendants are the step brothers of the original plaintiff. In this view of the mat..Category: Civil Law | Date: | Hits: 91
Commissioner of Taxes & another Vs. M/s. Mullick Brothers, 1981, 10 CLC (AD)
.... has not disputed the correctness of it. The record does not show that Assessee had made out any case that his administrative review was still pending with the National Board of Revenue. On the other hand, at it appears from the Circular No. M.L.R. No. 1 of 1969, no administrative review lay In the ......nsel appearing for the Revenue canvassed that the assessment was an agreed assessment as contemplated by M.L. R. No. 32 of 1969 and the assessee and his lawyer agreed to the assessment and demand note was issued on 29.11.69. He placed the entire order-sheet before this Court at the time of heari..Category: Fiscal/Taxation Law | Date: | Hits: 98
Dr. Nurul Islam Vs. Bangladesh, 1980, 9 CLC (AD)
.... West Steamship vs. Pakistan (1958) 10 D.L.R (SC) 52; Matajoy Dobey vs. H.C. Share AIR 4956 S. C. 44; Padfield vs. Minister of Agriculture, Fisheries and Food All. E.R, 1968, 694; Bombay vs. Saubhagachand M. Doshi AIR 1957 S.C. 892; Krepa Ram Gupta vs. R.K, Talwar AIR 1970 All. 296; A.M. Khan Legher...... the impugned notification purporting to retire the appellant from service in exercise of the power conferred on it by section 9(2) of the Public Servants (Retirement) Act, 1974. It was surprising to note, the learned Counsel submitted, that when, in view of the extreme shortage of doctors, the Gove..Category: Employment/Service Law | Date: | Hits: 180
Musharraf Hossain Chy Vs. GM, Titas Gas Transmission & Dist. Co. Ltd. & ors., 1981, 10 CLC (AD)
....n was mala fide and passed in violation of the principles of natural Justice. 3. Some background is necessary to understand the position inter se of the Enterprise and the Corporation on the one hand and the appellant on the other. Originally, the appellant was employed as Internal Auditor in t......view of the above observations, the appeal is dismissed, the Judgment and order of the High Court Division is upheld. There will be no order as to costs. Ed. This Case is also Reported in: ..Category: Employment/Service Law | Date: | Hits: 104
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