Search Options
Judgment Advanced Search
Displaying 341-360 of 1747 results.
Jalil Brothers and ors. Vs. Humayun Majid and ors., 2004, 33 CLC (AD)
....rship was dissolved on 30‑6‑70 mutually by a deed of dissolution of partnership and accounts were settled amicably according to which Enam Elahi and Brothers was converted into a sole proprietory business and its properties including the property situated at 21, Motijheel Commercial Area and all......ut any order as to costs. Ed. ...... sole heir; commercial establishments were housed in the three‑storied building as ejectable monthly tenants; since before independence of Bangladesh Jalil Brothers Engineering Limited, a company incorporated in former West Pakistan, was housed in two blocks in a portion of the ground floor of the......e matter in its proper perspective and we find no illegality or irregularity in the decision of the High Court Division. Accordingly, the appeal is dismissed without any order as to costs. Ed. ..Category: Tenancy Law | Date: 18 Feb, 2004 | Hits: 133
Wali Ahmed Bhuiyan Vs. Dr. Jahangir Hossain Bhuiyan, 2004, 33 CLC (AD)
....case of bonafide requirement of the premises in suit. The learned Counsel further submits that plaintiff requires the premises in suit to provide his unemployed son with an employment upon starting a business and, as such, the High Court Division and the trial Court were in error in dismissing the s...... February 11, 2004. The Premises Rent Control Act, 1991 (III of 1991), Section 10 The contention of bonafide requirement of the premises for use of the owner should have to be substantiated by disinterested and reliable witness. ......h Court Division of the kind calling for interference by this Division, the petition lacks merit. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......h Court Division of the kind calling for interference by this Division, the petition lacks merit. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ..Category: Civil Law | Date: 11 Feb, 2004 | Hits: 209
Mirpur Mazar Co-Operative Market Society Ltd. Vs. Capital Tower (Pvt) Ltd & Ors., 2006, 35 CLC (AD)
....t plan of the area and that there was no Master Plan of the area. 6. It is the case of the defendant No. 6 that it got itself incorporated in 1992, that amongst the objects, one is to carry on business of clinic and hospital, that the Company applied to the authority seeking......Petitioner vs Capital Tower (Pvt) Ltd & Ors...Respondents Judgment January 18th, 2004 Lawyers Involved: Dr Kamal Hossain, Senior Advocate, instructed by Md Nawab Ali, Advocate-on-Record—For the Petitioner. Khondke......lso the case of the defendant Nos. 1-5 that there is only a layout plan of the area and that there was no Master Plan of the area. 6. It is the case of the defendant No. 6 that it got itself incorporated in 1992, that amongst the objects, one is to carry on business of clinic and hospit......spondent No. 6 is riot the lone 'institutional plot' but prior to making allotment to the respondent No. 6 there have been allotments of 'institutional plot’ to different persons or bodies and there has also been allotment of 'institutional plot subsequent to the allotment to t..Category: Property Law | Date: 18 Jan, 2004 | Hits: 86
Abdul Bashir alias Bashu Vs. State, 2004, 33 CLC (AD)
....dge, Mymensingh, to take steps in accordance with law in the light of the judgment passed by the said Court on May 3 1, 1998 in Sessions Case No. 63 of 1996. Ed. This Case is also Reported in: ......ry 18, 2004. Result: The petition is dismissed. The Code of Criminal Procedure, 1898 (V of 1898), Section 374 The Penal Code, 1860 (XLV of 1860), Section 302 Delay cannot be a ground for commutation of the sentence of death awarded to the prisoner and altered to the sentence of impri......dge, Mymensingh, to take steps in accordance with law in the light of the judgment passed by the said Court on May 3 1, 1998 in Sessions Case No. 63 of 1996. Ed. This Case is also Reported in: ......nesses including the official witness PW 9, the Medical Officer who held post mortem examination of the dead body of Hazrat Ali and Julekha Khatun, PWs 10 and 12, the constables who escorted the dead bodies to the morgue, PW 14, the Medical Officer, who administered treatment to PW 5 who was grievou..Category: Criminal Law | Date: 18 Jan, 2004 | Hits: 98
....t No. 3. The High Court Division has also observed that, since the writ petitioner charges interest at the rate of 16% to 18% from its loanees, as such, the petitioner being engaged in profit earning business is an 'industry' as defined in section 2(XIV) of the IRO. The High Court Division has furth......strial Relations Ordinance, 1969 (XXIII of 1969), Section 8(1)
In the matter of registration of the Trade Union as per provision of section 8(1) of the IRO, the question of giving registration or refusing registration is the exclusive jurisdiction of the Registrar of Trade Unions and in the p......ioner as an industry.
In view of the discussions made hereinabove we find no substance in the petition.
Accordingly, the petition is dismissed.
Ed.
This Case is also Reported in:
......ioner as an industry.
In view of the discussions made hereinabove we find no substance in the petition.
Accordingly, the petition is dismissed.
Ed.
This Case is also Reported in:
..
Category: Employment/Service Law | Date: 17 Jan, 2004 | Hits: 120
Securities and Exchange Commission, represented by its Chairman Vs. Runa N Alam, 2004, 33 CLC (AD)
....ell‑settled principles, such section should be constructed strictly. The words “responsible for the conduct of its affairs" mean that the person should be in overall control of the day‑to day business of the company, namely in the present cast the business of brokerage of the company. The re......t: The appeal is allowed. The Code of Criminal Procedure, 1898 (V of 1898), Section 265C Section 265C of the Code of Criminal Procedure enjoins a duty upon the Court, to consider the record of the case and the documents submitted therewith and upon hearing the submissions of the accuse......which may extend to five years, or with fine which may extend to five lakh taka or with both. (2) Where the person guilty of an offence referred to in sub‑section (1) is a company or other body corporate, every director, manager or other officer responsible for the conduct of its affairs shall......cordingly, set aside. The learned Additional Sessions Judge shall proceed against the accused in accordance with law. The appeal is accordingly allowed. Ed. This Case is also Reported in: ..Category: Business or Commercial Law | Date: 5 Jan, 2004 | Hits: 340
Md. Rahimuddin Mia (Bharasa) Vs. The Registrar of Trade Marks and another, 2003, 32 CLC (HCD)
....or of Taj Biri Factory in village-Sarai, Haragach, Police Station-Kaunia, District-Rangpur. The said rule arises out of the following facts and circumstances: 3. The petitioner is engaged in the business of manufacturing Biri since 1960 by setting up and establishing ‘Taj Biri Factory'......of label, get up and design. There will be no order as to costs. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 233. ......ion noted there of Noblit - Sparks Industries application (1950) 68 RFC 168. 18. On a scrutiny of the scheme of the Act and the provisions of the Act it appears that the Parliament consciously incorporated the provisions of sections 15 and 46 to serve different purposes. It must be remembered t......class 34 dated 5.5.94 together with its existing features of label, get up and design. There will be no order as to costs. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 233. ..Category: Intellectual Property Law | Date: 15 Dec, 2003 | Hits: 18
A & E Products Group LP and others Vs. Md. Mohiuddin Ahmed and others, 2003, 32 CLC (AD)
....scated items are in custody of the law enforcing agencies. That if the defendants Nos. 1 and 2 are, allowed to continue the counterfeiting and piracy, the same will cost the plaintiff No. 3 a loss of business amounting to Taka 20 crore per year. In order to protect the brand name of the plaintiff No......bly a complaint could be made under the Trade Marks Act to protect the trade mark of the petitioner but that not having been registered petitioner has no legal right to protect the trade mark sought for by way of an order of injunction in the court of law. ......................(7) Lawyer...... ad interim order of injunction on an off- date without hearing the plaintiff petitioners. 2. The plaintiffs filed the suit stating, inter alia that the plaintiff-petitioner No.1 is a corporation incorporated in Delaware, USA, and is the largest manufacturer, seller and marketing the top quality h......respondents. In that view of the above, we do not find any substance in the submissions of the learned Counsel for the petitioners. The petition is dismissed. Ed.This Case is also Reported in:..Category: Intellectual Property Law | Date: 14 Dec, 2003 | Hits: 264
Director General, BWDB and others Vs. BJ Geo Textile Ltd and another, 2003, 32 CLC (AD)
.... Division in Writ Petition No. 1900 of 2003 making the Rule absolute are hereby set aside and the Rule is accordingly, discharged without any order as to costs. Ed. This Case is also Reported in:......s also Reported in:......tract simply because a statute confers an enabling power to a public functionary to enter into a contract and a contract becomes a statutory contract when a statute stipulates terms which should be incorporated in the contract. It was held in that case that writ jurisdiction can be invoked in case o......d in 54 DLR (AD) 88, where a bid was found non responsive, but later found responsive, the Appellate Division held that transparency in the decision making as well as in the functioning of the public bodies is desired and it is most important when the financial interest of the State is involved and ..Category: Others | Date: 10 Dec, 2003 | Hits: 261
Smart Apparels (Pvt.) Ltd. Vs. Hanvit Bank Kuni Bong Branch and ors., 2005, 34 CLC (AD)
....ces, we direct the trial Court to dispose of the temporary injunction matter within 4 weeks from the date of receipt of this order. The petition is dismissed. Ed. ......lul Karim J Md. Hamidul Haque J Md. Tafazzul Islam J Smart Apparels (Pvt.) Ltd….. ................Petitioner Vs. Hanvit Bank Kuni Bong Branch and ors………..Respondents Judgment November 2, 2003. Th......ces, we direct the trial Court to dispose of the temporary injunction matter within 4 weeks from the date of receipt of this order. The petition is dismissed. Ed. ......ces, we direct the trial Court to dispose of the temporary injunction matter within 4 weeks from the date of receipt of this order. The petition is dismissed. Ed. ..Category: Business or Commercial Law | Date: 2 Nov, 2003 | Hits: 783
Capital Tower Ltd. Vs. Mirpur Mazar Co operative Market Society Ltd. & ors, 2004, 33 CLC (AD)
....he law. There is only layout plan of the area. 7. It is the case of the defendant No. 6, that it got itself incorporated in 1992, that one of the objects of the company is to carry on business of clinic and hospital, that it filed an application to the authority for the lease of the......nbsp; August 18, 2003. Company Matter There is no bar in law for a company which is going to be registered to act in its name or on its behalf prior to registrat......roper nor illegal and the allotment has been made upon due compliance of the law. There is only layout plan of the area. 7. It is the case of the defendant No. 6, that it got itself incorporated in 1992, that one of the objects of the company is to carry on business of clinic and ho......previously numbered as Title Suit No. 92 of 1993 of the 1st Court of Assistant Judge, Dhaka) is set aside and the suit is dismissed. There is no order as to costs. Ed. ..Category: Property Law | Date: 18 Aug, 2003 | Hits: 216
State Vs. Md. Motiur Rahman & anr., 2004, 33 CLC (AD)
....live with Mr. Alam and deceased Alam lived in the 1st floor of 227 Alambagh of New Jurain under Shampur Police Station. The sons of the 1st wife of Mr. Alam had been passing their days by independent business and Mr. Alam appointed 1) Farida, 2) Monowara, 3) Kamola, 4) Sakhina, 5) Rahima as maidR...... Judgment May 12, 2003. The Code of Criminal Procedure, 1898 (V of 1898), Section 561A When the case is at the investigation stage, legality or admissibility of statements of witnesses made under section 161 of the Code or judicial confessi......ns 120(b)/302/380/201/212/114/411/34 of the Penal Code, rejecting the prayer for bail now pending in the Court of learned Chief Metropolitan Magistrate, Dhaka, is hereby set aside. Ed. ......ns 120(b)/302/380/201/212/114/411/34 of the Penal Code, rejecting the prayer for bail now pending in the Court of learned Chief Metropolitan Magistrate, Dhaka, is hereby set aside. Ed. ..Category: Criminal Law | Date: 12 May, 2003 | Hits: 74
Bangladesh Biman Corporation, represented by MD Vs. Rabia Bashri Irene and others, 2003, 32 CLC (AD)
....l to its commercial interest and viability in a competitive market and, as such, a new recruitment policy having been adopted keeping in mind the commercial interest of Biman in a competitive airline business as a result of which there was discontinuation of the recruitment on the earlier terms and ......D) (2003) 132. ......sion. In the afore state of the matter we find no substance in these petitions. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 132. ......sion. In the afore state of the matter we find no substance in these petitions. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 132. ..Category: Employment/Service Law | Date: 30 Apr, 2003 | Hits: 164
United Commercial Bank Ltd. Vs. Jahangir Alam Khan & ors., 2004, 33 CLC (AD)
....sent Chairman and respondent No. 3 resulting in extremely alarming and strenuous relationship amongst the Directors of the Company which has derogatory effect of undesirable consequences so far the business of banking Company, the court could give such consequential direction while granting an a......angir Alam Khan and others ………….Respondents Judgment April 22, 2003. The Companies Act, 1994 (XVIII 1994), Section 85(2) (3) If for any reason it is impracticable to call, hold and conduct a meeting on the happening of any circu......comment on it. 11. However, in any view of the matter, the impugned order does not suffer from any infirmity for our interference. The petition is dismissed. Ed. ......comment on it. 11. However, in any view of the matter, the impugned order does not suffer from any infirmity for our interference. The petition is dismissed. Ed. ..Category: Business or Commercial Law | Date: 22 Apr, 2003 | Hits: 201
Amir Hossain Vs. MA Malek & others, 2004, 33 CLC (AD)
....or 1 year and reducing the sentence of fine from Taka 1,80,00,000 to 90,00,000. 2. The prosecution case is that, the complainant petitioner and convict respondents are partners and run the business in the name of Homeland Footwear Ltd. The complainant petitioner gave Taka 1,00,00,000 to t......t as the convict-respondent admitted the loan, issuance of cheques by him and those cheques being dishonoured. The Code of Criminal Procedure, 1898 (V of 1898) Section 561A There is no bar for the complaint case to proceed side by side with winding up proceeding about the same subject matt...... is no bar for the complaint case to proceed side by side with winding up proceeding. In view of the above, the appeal is allowed. Ed. This Case is also Reported in: 56 DLR (AD) 146. ...... is no bar for the complaint case to proceed side by side with winding up proceeding. In view of the above, the appeal is allowed. Ed. This Case is also Reported in: 56 DLR (AD) 146. ..Category: Criminal Law | Date: 15 Apr, 2003 | Hits: 88
Giasuddin Ahmed Vs. Green Delta Insurance Co. Ltd. & anr., 2004, 33 CLC (AD)
....f such shares. Dr Kamal Hossain submits that the points raised involve a substantial question of public importance relating to transfer of shares in a public company and will have great impact on business and economic activities." 13. Dr Salauddin Ahmed, the learned Advo......and another .....................Respondents Judgment May 28, 2003. The Companies Act, 1913(VII of 1913), section 34 (7) Discretion of the Board of directors of a company under its articles of association to refuse registration of transfer of its shares...... was very high. It appears to us that is the main reason for which the company did not want to register the transfer of share in favour of the appellant. 32. The respondent No. I was incorporated on 14‑12‑1985 and it received the certificate of commencement of business on......s both seen and taken together would not bar the respondents to register the appellant's share. In view of the above the appeal is allowed without any order as to costs. Ed. ..Category: Business or Commercial Law | Date: 24 Mar, 2003 | Hits: 286
Nahar Shipping Lines Ltd. & anr. Vs. Homera Ahmed & ors., 2004, 33 CLC (AD)
....7 the Board of Directors resolved to dismiss Ashraf Ahmed who was petitioner No. 4 before the entire company matter from his position as director. But by that time he had opportunity to observe the business of the company thoroughly and knew how much business it was and should be doing. The exec......; Judgment March 12, 2003. The Companies Act, 1994 (XVIII of 1994), section 233 The object of remedy under this section is to negate the impact of the prejudicial or other relevant misconduct on the part of the majority share holders. It may take any form that i......ual Return of the petitioner company. 3. The facts stated in the petition under section 233 of the Companies Act 1994 was that the Petitioner Company Nahar Shipping Lines Limited was incorporated as a Public Limited Company in July 1979. 5000 fully paid up shares were issued at the t......ourt Division in the company matter, we do not find any reason to grant leave against the said judgment. The petition is therefore, dismissed and the delay is condoned. Ed. ..Category: Business or Commercial Law | Date: 12 Mar, 2003 | Hits: 273
Aloke Nath Dey Vs. Govt. of BD. rep. by the DC, 2004, 33 CLC (AD)
....llery shop Ms H Dey Jewellers and admittedly, jewellery and ornaments were kept as security 'or loan provided by H Dey Jewellers. The attorney, being the owner of 50% of the jewellery shop and its business, was entitled to claim 50% of the ornaments lying with the Bangladesh Bank as 'debt' of Ha......on 372 The Transfer of Property Act, 1882 (IV of 1882), Sections 3 & 130 Debt: Ornaments lying in custody of the bank are a debt due to the owner of the same for the purpose of granting succession certificate by the District Delegate or District Judge under......the challenges, we do not find any illegality or infirmity in the impugned judgment for our interference. The appeal is dismissed without any order as to costs. Ed. ......the challenges, we do not find any illegality or infirmity in the impugned judgment for our interference. The appeal is dismissed without any order as to costs. Ed. ..Category: Property Law | Date: 11 Mar, 2003 | Hits: 436
Abdur Rashid (Md) Vs. LGRD and Cooperatives, Local Government Division and others, 2003, 32 CLC (AD)
.... Accordingly, the petition is dismissed. Ed. Same Case Cited in: 55 DLR (AD) (2003) 72. ...... The Pourashava Ordinance, 1977 (XXV1 of 1977), Section 13 An elected public representative may be put out of office by the competent authority when such representative makes himself undesirable to perform his functions and duties and hi...... Accordingly, the petition is dismissed. Ed. Same Case Cited in: 55 DLR (AD) (2003) 72. ...... to perform his functions as the elected representative as chairman. Lastly, it has been submitted that in a society which is making all endeavours to practice democracy at all levels through elected bodies and to democratise the society and its institution through the elected representative, the pe..Category: Others | Date: 27 Jan, 2003 | Hits: 89
....ollector of Customs, Excise and VAT, Division‑4, Dhaka for a declaration that the same has been made without any lawful authority and of no legal effect.
3. The petitioner company carries on business in manufacturing of CI sheets from the imported galvanised plain‑ sheet, shortly, GP, and......2
In as much as Writ Jurisdiction is concerned as regards to Value Added Tax Act, 1990, question of fact cannot be ascertained. However, factual aspect of the case can be considered by resorting to appeal provided under this Act.
Lawyers Involved:
TH Khan, Senior Advocate (Rafi......s and/or error apparent on the face of the record this petition do not merit any consideration.
This petition is dismissed.
Ed.
This Case is also Reported in: 57 DLR (AD) (2005) 58
......s and/or error apparent on the face of the record this petition do not merit any consideration.
This petition is dismissed.
Ed.
This Case is also Reported in: 57 DLR (AD) (2005) 58
..
Category: Fiscal/Taxation Law | Date: 26 Jan, 2003 | Hits: 114
1296728116093958710585310310616621312214211511612019465