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Mohammad Reazaul Karim and others Vs. A. B. M. Khalequzzaman and others, 2010, 39 CLC (AD)
....r Respondent Nos. 18 (In Civil Appeal No.321 of 2008). Not represented- Respondent No.19-21 (In Civil Appeal No.321 of 2008). Civil Appeal Nos. 319-321 of 2008. (From the judgment and order dated 11.09.2008 passed by the High Court Division in Company Matter No. 1 of 2008 heard analogous w......s would appear in the share register book or depository as on the date of 25.09.2005 will be entitled to dividend and vote in the AGMs. 4. Thereafter, in the daily Jugantor dated 13.09.2005 public notices for the 20th, 21st and 22nd AGMs were published. But in the said public notices the record d......lam. All the appeals are directed against the judgment and order dated 11.09.2008 passed by the High Court Division in Company Matter No. 1 of 2008 declaring the fixation of record date on 25.09.2005 for holding 20th, 21st and 22nd AGMs of United Commercial Bank Ltd. as illegal and directing United ..Category: Company Law | Date: | Hits: 191
Mobasher Hossain (Md) and others Vs. Saidur Rahman (Pvt) Ltd. and others, 2002, 31 CLC (HCD)
....unction and compensation with a prayer for temporary injunction to restrain the defendant from taking over the possession of the aforesaid vessel, namely, MV. Hemayetuddin and this Court by its order dated 2nd April, 2002, issued a notice upon the defendant to show cause as to why an order of tempor......prayer for temporary injunction to restrain the defendant from taking over the possession of the aforesaid vessel, namely, MV. Hemayetuddin and this Court by its order dated 2nd April, 2002, issued a notice upon the defendant to show cause as to why an order of temporary injunction should not be pas......Rahman, Advocate‑ For the Petitioner. Khan Saifur Rahman, Senior Advocate‑ For Respondent No. 1. Admiralty Suit No. 12 of 2001. Judgment A B M Khairul Haque J.- This is an application for an order of mandatory injunction, praying for recovery of possession of the vessel MV. Hemayetud..Category: Admiralty Law or Maritime Law | Date: | Hits: 188
Bhola Vs. State, 2001, 30 CLC (HCD)
....y-General‑ For the State. Criminal Appeal No. 673 of 1997. Judgment Md. Shamsul Huda J.- This appeal is directed at the instance of accused appellant Bhola against the judgment and order dated 29‑10‑1991 passed by the learned Sessions Judge, Sherpur in Sessions Case No. 40 of 1990 c......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....... 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 for 5(fi..Category: Criminal Law | Date: | Hits: 41
Moyezuddin Sikder and ors. Vs. State, represented by the DC, Khulna, 2007, 36 CLC (HCD)
....tion 498 of the Code of Criminal Procedure with a prayer for anticipatory, bail was placed before this Court in connection with GR Case No.8 of 2007 arising out of Dighalia Police Station Case No.8 dated 31-1-2007, under section 25 of the Special Powers Act, 1974 now pending in the Court of Magist......t is absent in Rule 19Gha of the amended provision of the said Rules and the submission made with reference to the provisions of sub-rule 2 of Rule 19 Ka appears to us of substance. 33.We have noticed that the non-obstante expression available in Rule 19Gha does not include section 561A of th...... Criminal Miscellaneous Case No. 3875 of 2007. Judgment Nozrul Islam Chowdhury J.- On 29-3-2007 this application under section 498 of the Code of Criminal Procedure with a prayer for anticipatory, bail was placed before this Court in connection with GR Case No.8 of 2007 arising ..Category: Criminal Law | Date: | Hits: 50
Abdul Malek (Md) Vs. Bangladesh and others, 2006, 35 CLC (HCD)
.... Writ Petition No. 1558 of 1997. Judgment Zinat Ara J.- In this Rule, the petitioner calls in question the legality of the order bearing Memo No. JFCI/BIPINON-27/FMC (Sherpur) 146 dated 13-21997 passed by the General Manager (Commercial) on behalf of the Managing Director, Jamu......-1997 to respondent No. 2 BCIC and the company for taking punitive action against the petitioner. On receiving that letter, the impugned order was passed by the company without issuing any show cause notice to the petitioner and thereby violating the established principle of natural justice. Hence t......1997 passed by the General Manager (Commercial) on behalf of the Managing Director, Jamuna Fertiliser Company Limited, Jamalpur (Annexure-D) cancelling dealership agreement of the petitioner with forfeiture of the security money. 2. Facts relevant for disposal of this Rule, in brief, are ..Category: Civil Law | Date: | Hits: 74
Mohammad Ullah (Driver) Vs. State, 2007, 36 CLC (HCD)
.... Criminal Revision No. 555 of 2006. Judgment Sharifuddin Chaklader J.- This Rule at the instance of the convict appellant-petitioner who is in jail is against the judgment and order dated 15-3-2006 passed by the learned Sessions Judge, Munshiganj outright rejecting the memorandum......ppears from the rule petition and also from the application for condonation of delay that the petitioner was unaware about the case and he was at his locality and was ploughing his land. Although notices were published in two newspapers i.e. in 'daily Sangram' and 'daily Azad' but he being a poo...... rejecting the memorandum of appeal of Criminal Appeal No. 86 of 2005 on the ground of limitation. The appeal is barred by 5187 days. 2. Mr. Rajat Kanti Chakraborty, learned Advocate appearing for the petitioner, submits that the accused petitioner did not know about the proceeding of the c..Category: Criminal Law | Date: | Hits: 36
Mozam and others Vs. State, 2006, 35 CLC (HCD)
....nt SM Ziaul Karim J.- This appeal, at the instance of convict-appellants namely (1) Mozam, (2) 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, Jes......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.......nvicting the appellants under section 4(c)/9 of the Cruelty to Women (Deterrent Punishment) Ordinance, 1983 (hereinafter referred as Ordinance 1983) and sentencing each of them to suffer imprisonment for life and also to pay a fine of Taka 5,000 in default to suffer rigorous imprisonment for 6(six) ..Category: Criminal Law | Date: | Hits: 82
....Sathika Hossain, Assistant Attorney-General—For the Respondents.
Writ Petition No. 2390 of 2005.
Judgment
Md. Abdur Rashid J.- The above Rule Nisi was obtained against an Order dated 23-4-2001 passed (Annexure D) by respondent No. 5 Deputy Commissioner, Customs, Excise and VAT......asion of tax.
2. The facts on which the Rule was obtained, in short, are that the petitioner was a private limited company, which started commercial production since 12-11-2000.
3. By a notice dated 12-12-2006 said respondent No. 6 asked, upon initiation of an irregular Case, the petit...... Nisi was obtained against an Order dated 23-4-2001 passed (Annexure D) by respondent No. 5 Deputy Commissioner, Customs, Excise and VAT imposing fine of Taka 43,84,398.56 upon the petitioner company for evasion of tax.
2. The facts on which the Rule was obtained, in short, are that the petit..
Category: Fiscal/Taxation Law | Date: | Hits: 63
Surajmal Ram Prasad Vs. Commissioner of Taxes, 2007, 36 CLC (HCD)
....te Additional Commissioner of Taxes upon hearing the appeal allowed the same in part and reduced disallowances from profit and loss account and 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......21587. 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. Pursuant to notice under sections 83(1) and 79 of the Income Tax Ordinance, in short, the Ordinance, an author......hid J.- The facts upon which the above references 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..Category: Fiscal/Taxation Law | Date: | Hits: 63
Puspak Kumar Roy and another Vs. Eldrin Khan and others, 2005, 34 CLC (HCD)
....dique with Munshi Md. Ali, Advocates—For the Opposite Parties. Civil Revision No. 990 of 2004. Judgment Shahidul Islam J.- This Rule is directed against the judgment and decree dated 24-3-2004 passed by the learned Joint District Judge, 3rd Court, Khulna in Title Appeal No. 45......f 1989 before the said Rin Salishi Board for getting declaration that the kabala deeds to be declared as within the meaning of Article 6 of the said Ordinance. The Rin Salishi Board after serving due notice upon the plaintiffs allowed those two cases by the order dated 3-12-1990 and handed over poss......003 dismissing the appeal and affirming those dated 30-1-2003 passed by the learned Assistant Judge, Dakope, Khulna, in Title Suit No. 87 of 2000 decreeing the suit. 2. Short facts necessary for disposal of the Rule are, that admittedly the suit property belonged to Chandi Charan Roy who di..Category: Property Law | Date: | Hits: 34
....e as to why the provisions in the Police Officers (Special Provisions) Ordinance as in (Annexure-'L') should not be declared to be ultra vires the Constitution and why the impugned order of discharge dated 14-2-2004 as in Annexure-F and all subsequent actions taken should not be declared to have b......Commissioner of Police KMP Khulna alleging that the petitioner committed some immoral activities with one Akhi Islam Ruma. As per provisions of law, the petitioner was supplied copies of show cause notice, charge and suspension letter in due time and the petitioner also replied to those letters in......e without lawful authority and to be of no legal effect and why the respondents should not be directed to allow the petitioner to continue in service with all benefits.
2. The short facts relevant for the purpose of the case are, that the petitioner after obtaining the graduation degree in 1997, ..
Category: Employment/Service Law | Date: | Hits: 67
Anwara Begum Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....ocate—For Respondent No. 1. Petition No. 6137 of 2001. Judgment Tariq-ul-Hakim J.- This Rule Nisi has been issued calling upon the respondents to show cause as to why the impugned decision dated 24-10-2001 (Annexure-F to the Writ Petition) passed by the First Court of Settlement, Banglade......ailed to produce a scrap of paper to show that the Government or its agent has been in. possession of the case house during the relevant time or thereafter. The learned Advocate also, submits that no notice as contemplated under section 7 of the PO 16 of 1972 and sections 4 and 5 of the Ordinance No......agreement dated 29-7-1963 followed by possession and thereby the said Md. Younus Ali became the owner of the house in question. The said Md. Younus Ali while possessing the property had obtained loan for construction of his house with prior permission of the concerned authority and mortgaged the sai..Category: Property Law | Date: | Hits: 40
Abdul Karim and others Vs. Court of Settlement and others, 2007, 36 CLC (HCD)
.... Gazette Extraordinary 'Kha' list published under the Abandoned Buildings (Supplementary Provisions) Ordinance, Ordinance No. LIV of 1985 at page No. 9764 (17), serial No. 42 and judgment and order dated 28-52000 (Annexure-I) passed by the 1st Court of Settlement, Bangladesh, Segunbagicha, Dhaka......o be declared to have been passed without any lawful authority. Mr. Quddus Sheikh lastly submitted that the property has been included in the 'Kha' list of the abandoned buildings without serving any notice for taking or surrendering possession of the same to the respondents. 5. Mr. Karuna Mo......se No. 1/15, Block-D, Razia Sultana Road, Mohammadpur, Dhaka, measuring an area of 144 square yards originally belonged to the then Government of East Pakistan and that the Government leased out the aforesaid property to Syed Md. Yunus by a registered deed of lease being No. 2067 dated 2-2-1960; tha..Category: Property Law | Date: | Hits: 33
Syed Ziaul Hasan and others Vs. Bangladesh and others, 2006, 35 CLC (HCD)
....que, Advocate—For Respondent No. 5. Writ Petition No. 4190 of 2005. Judgment Md. Awlad Ali J.- This Rule was issued calling upon the respondents to show cause as to why the notice dated 13-6-2005 published in the daily Jugantar by the respondent No. 6 (Annexure-Dl) demanding Taka......r Razzaque, Advocate—For Respondent No. 5. Writ Petition No. 4190 of 2005. Judgment Md. Awlad Ali J.- This Rule was issued calling upon the respondents to show cause as to why the notice dated 13-6-2005 published in the daily Jugantar by the respondent No. 6 (Annexure-Dl) demandi...... is of no legal effect and why the respondent No.6 should not be directed to supply subscriber identity module (SIM) Cards of the petitioners at the previous agreed rate. 2. The material facts for the disposal of the Rule are that on 6-5-2005 Tele Talk Bangladesh Limited, a public limited com..Category: Fiscal/Taxation Law | Date: | Hits: 131
Abdul Alim Vs. Biswajit Dey and another, 2007, 36 CLC (HCD)
....005 and it was returned with endorsement "insufficient fund." The complainant issued legal notice on 5-6-2006. The accused petitioner acknowledged the notice by a letter on a pad of his business firm dated 20-6-2005 and disclosed that he is willing to repay the loan for maintaining a good business r......rom his account maintained with Dutch Bangla Bank. The complainant placed the cheque for encashment on 30-5-2005 and it was returned with endorsement "insufficient fund." The complainant issued legal notice on 5-6-2006. The accused petitioner acknowledged the notice by a letter on a pad of his busin......n, Advocate—For the Opposite Parties. Criminal Miscellaneous Case No. 18733 of 2006. Judgment Sharifuddin Chaklader J.- This Rule, at the instance of the accused petitioner, is for quashment of the proceeding of Metro Sessions Case No. 984 of 2006 under section 138 of the Nego..Category: Criminal Law | Date: | Hits: 50
Abul Koyser Vs. Tobarak Ali and others, 2007, 36 CLC (HCD)
....05. Judgment Md. Abdur Rashid J.- Vendor (seller) obtained the Rule upon making a revision application under section 115(1) of the Code of Civil Procedure against the judgment and order dated 28-2-05 passed by the District Judge at Sunamgonj in Miscellaneous Appeal No. 12 of 2000, whic...... transferred said land on behalf of said vendor to opposite party Nos. 2 to 4 herein at a consideration of Taka one lac only by a kabala dated 7-10-95 and registered on 21-10-95 without any statutory notice to the preemptor. Said opposite party Nos. 2 to 4 are strangers to the holding. The preemptor...... judgment and order dated 28-2-05 passed by the District Judge at Sunamgonj in Miscellaneous Appeal No. 12 of 2000, which reversed those dated 29-2-2000 of the trial Court and allowed the application for preemption. 2. Opposite Party No. 1 on or about 13-2-96 made an application under secti..Category: Property Law | Date: | Hits: 28
Khalilur Rahman Vs. State, 2007, 36 CLC (HCD)
....t is neither true nor voluntary. The defence case of Ayub Ali is that he has got long standing enmity with the informant and the other witnesses, and that he is known to the informant from before the date of occurrence and therefore, his identification by the informant is meaningless. 7. We h....... Mrs. Tahmina Begum (PW 13) stated that on 24-9-85 she recorded the statement of Hazrat Ali (PW 2) under section 164, Cr.P.C. In cross-examination, she stated that in note sheet dated 307-87, she noticed that accused Khalilur Rahman filed an application for retracting the confession. 15. ...... Jail Appeal No. 926 of 1996 Judgment SK Sinha J.- These appeals arise from a judgment of the Additional Sessions Judge, 2nd Court, Mymensingh in Session Case No. 139 of 1987 and therefore, these appeals are disposed of by this judgment. 2. Appellants Khalilur Rahman and Ayub ..Category: Criminal Law | Date: | Hits: 38
Moezuddin (Md) Vs. State, 2007, 36 CLC (HCD)
....e was transferred to the First Court of Additional Sessions Judge, Pabna for trial. 4. The learned Additional Sessions Judge fixed 2-1-2003 for framing charge against the accused persons, on which date, the learned Public Prosecutor filed an application under section 494 of the Code of Criminal P......al from the prosecution of the said principal accused. The only reason assigned was that the case was a politically motivated one. On perusal of the first information report and the police report, we noticed that the accused opposite party No.1 was instrumental for the death of Tofizuddin, inasmuch ......Kamal, Attorney-General with Saifuddin Md. Aminur Rahim, Deputy Attorney-General— For the State. Criminal Revision No. 231 of 2003. Judgment SK Sinha J.- This Rule at the instance of the informant Md. Moezuddin Kha is against an order of the Additional Sessions Judge, 1st Court, Pabna in ..Category: Criminal Law | Date: | Hits: 43
Shaherunnessa Vs. Shamsunnahar, 2007, 36 CLC (HCD)
....endant Shaherunnessa and Mohiuddin obtained the above Rules upon making separate revision application under section 115(1) of the Code of Civil Procedure against judgments and decrees of affirmance dated 11-8-03 passed by Additional District Judge, Court No. 3 at Chittagong in Other Appeal No. 543......nsultation was fixed at Taka 3,000 per month from June, 1998. 6. But in spite of repeated demands the defendant did not pay any rent either to her or to said Feroz Alam. Then, the plaintiff sent a notice under section 106 of the Transfer of Property Act terminating the tenancy with the end of Jun......ed 11-8-03 passed by Additional District Judge, Court No. 3 at Chittagong in Other Appeal No. 543 of 2002, and No. 535 of 2002 respectively, which confirmed the judgment and decree of the trial Court for khas possession of the suit premises after eviction of the defendants. 2. Opposite party as p..Category: Property Law | Date: | Hits: 35
Dhaka City Corporation and others Vs. Shamsur Rahman and others, 2007, 36 CLC (HCD)
....y defendant Nos. 1 to 3 on behalf of the Dhaka City Corporation, in short, the DCC, upon making a revision application under section 115 of the Code of Civil Procedure against the judgment and decree dated 24-5-05 passed by Additional District Judge and Bankruptcy Court at Dhaka in Title Appeal No. ...... with him due to ignorance and started paying rents thinking the plaintiff was the real owner of the land. On 25-4-02, the DCC demanded ownership of the suit shops. When the matter was brought to the notice of the plaintiff, he could not do anything. Then, people of DCC on 82-02 came to the land a......sed by Additional District Judge and Bankruptcy Court at Dhaka in Title Appeal No. 393 of 2004, which reversed the judgment and decree dated 6-1104 of the trial Court and decreed the suit as prayed for. 2. Later Rule was obtained by defendant No. 4 upon similar revision application against ..Category: Property Law | Date: | Hits: 32
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