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Agrani Bank Vs. Bangladesh Tyres Ltd and others, 1990, 19 CLC (AD)

....learned Company Judge. In the result, therefore, the appeal is allowed without any order as to cost. The impugned judgment is set aside and the order of the learned Company Judge restored. Ed. ......learned Company Judge. In the result, therefore, the appeal is allowed without any order as to cost. The impugned judgment is set aside and the order of the learned Company Judge restored. Ed. ......the result, therefore, the appeal is allowed without any order as to cost. The impugned judgment is set aside and the order of the learned Company Judge restored. Ed. ......or several years and did not file the statutory returns in the office of the Registrar, Joint Stock Company, Bangladesh. It has also been asserted that the Company does not have any other business or source of income to repay its debts and liabilities, Dr. Zahir has not been able to repudiate these ..

Category: Business or Commercial Law | Date: 29 Aug, 1990 | Hits: 122

Mahbubul Alam Chowdhury and others Vs. Chaman Ara Begum and others, 1991, 20 CLC (AD)

....stated, "the proof of the joint business and joint fund of the plaintiff and defendant No. 1 the partnership deed on stamped paper was executed by both and the copy was submitted in the Income‑tax office at Chittagong for the assessment of income tax along with a copy thereof. The defendant N...... all the above reasons we do not find any merit in the appeal which is dismissed without however any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 121 ......do not find any merit in the appeal which is dismissed without however any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 121 ......by agreement amongst themselves what shall be the property of the firm, and what shall be the separate property of one or more of them. If there is no express agreement, attention must be paid to the source whence the property was obtained, the purpose for which it was acquired, and the mode in whic..

Category: Civil Law | Date: 14 Aug, 1990 | Hits: 121

Official Liquidator, East Bengal Commercial Bank Ltd. Vs. Mrs. Jahura Khatun & others, 1990, 19 CLC (HCD)

....herein. It is further stated that the defendant No. 1 has no right, title and interest in the suit property. The Income Tax of the bank‑in‑liquidation fell in arrear and for realisation of income tax, the Income Tax Certificate Case No. 552 of 1954‑55 was started and notice under section 7 of ......suit is dismissed on contest against the defendant No. 2 and 3 and ex parte against the rest. But there shall not be any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 558. ......r as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 558. ......suit is dismissed on contest against the defendant No. 2 and 3 and ex parte against the rest. But there shall not be any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 558. ..

Category: Banking Law | Date: 23 Jul, 1990 | Hits: 158

Abdur Rahman Mondal and others Vs. State, 1990, 19 CLC (AD)

....ess to the occurrence. PW 2 is a labourer. PW 3 is an unemployed person. PW 4 has filed a Criminal Case against appellant No. 2. PW 5 recorded the FIR and PW 6 is the 10 of the case. DW 1 an income‑tax practitioner deposed that the ADC (Revenue), Dhaka handed over possession of the case land to Pu......ellate Court for re‑hearing and disposal on the basis of the existing evidence on record in accordance with law. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 17.   ......ng and disposal on the basis of the existing evidence on record in accordance with law. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 17.   ......ellate Court for re‑hearing and disposal on the basis of the existing evidence on record in accordance with law. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 17.   ..

Category: Criminal Law | Date: 23 Jul, 1990 | Hits: 52

Atiqur Rahman Vs. AKM Fazlul Hoque, 1990, 19 CLC (HCD)

....ing the goods as menthol in the document submitted by him and thereby the petitioner attempt( to violate Import Trade Control Regulations in for and also evade a large amount of customs duty an sales tax and that the petitioner himself signed and sent a letter to the Superintendent of Custom Foreign......ni. In the result, the Rule is discharged and stay granted by this Court earlier is vacated. Sent down the records at once. Ed. This Case is also Reported in: 43 DLR (1991) 49. ......onal Jurisdiction) Present: MS Ali J Habibur Rahman Khan J Atiqur Rahman ........................................................Petitioner Vs. AKM Fazlul Hoque, the State.........................................Opposite‑Parties Judgment June 11, 1990. ......ni. In the result, the Rule is discharged and stay granted by this Court earlier is vacated. Sent down the records at once. Ed. This Case is also Reported in: 43 DLR (1991) 49. ..

Category: Fiscal/Taxation Law | Date: 11 Jun, 1990 | Hits: 80

Mohammad Meah Vs. Pubali Bank & others, 1988, 17 CLC (AD)

....he bailor as well as against the bailee. 20. In Albemarle Supply Company, Limited Vs. Hind and Company (1928)1 K.B. 307) the ques­tion was whether the repairer Hind Co., could claim lien on the taxis belonging to Albemarle Co., which were let out on hire to one Botfield. It was contended that ...... Order of the Court. By a majority decision the appeal is dismissed without order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 14.   ...... By a majority decision the appeal is dismissed without order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 14.   ...... Order of the Court. By a majority decision the appeal is dismissed without order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 14.   ..

Category: Contract Law | Date: 1 Sep, 1988 | Hits: 252

Jalaluddin Ahmed Chowdhury Vs. State, 1988, 17 CLC (HCD)

....he Chairman and that he did not misappropriate any amount. 4. Prosecution examined 5 witnesses. P.W.1 Kazi Nazrul Islam, the Chairman of the Rangamati Pourashava, stated that the appellant was a tax collec­tor of the Pourashava from 19.9.77 to October, 1982 and Shanti Mohan Chakma submitted an......der of conviction and sentence passed by the Additional Di­visional Special Judge is right. In the result, I dismiss the appeal. Ed. This Case is also Reported in: 41 DLR (1989) 87. ......sional Special Judge is right. In the result, I dismiss the appeal. Ed. This Case is also Reported in: 41 DLR (1989) 87. ......der of conviction and sentence passed by the Additional Di­visional Special Judge is right. In the result, I dismiss the appeal. Ed. This Case is also Reported in: 41 DLR (1989) 87. ..

Category: Criminal Law | Date: 23 Mar, 1988 | Hits: 32

Sarping Matshajibi Samabaya Samiti Ltd. Vs. Bangladesh and others, 1986, 15 CLC (HCD)

....eration of this judg­ment and order be stayed for a period of two months from today. Sultan Hossain Khan J.- I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 78. ......eration of this judg­ment and order be stayed for a period of two months from today. Sultan Hossain Khan J.- I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 78. ...... Reported in: 39 DLR (HCD) (1987) 78. ......approval a paragraph from the judgment of the Indian Supreme Court in a case reported in AIR 1973 (SC) 205 where the Supreme Court held thus: "We are unable to hold that merely because the source of the right as the respondent claims was initially in a contract, for obtaining relief again..

Category: Tenancy Law | Date: 23 Apr, 1986 | Hits: 247

Ruhul Amin Vs. The State, 1986, 15 CLC (HCD)

....cord be sent down with a copy of this order at once. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 166.       ......cord be sent down with a copy of this order at once. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 166.       ......l Revisional Jurisdiction) Present: Fazle Hussain Moham­mad Habibur Rahman J Md. Abdul Jalil J Ruhul Amin........................................Petitioner Vs. The State..........................................Opposite party Judgment March 19, 1986. ......cord be sent down with a copy of this order at once. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 166.       ..

Category: Criminal Law, Procedural Law | Date: 19 Mar, 1986 | Hits: 3

Abul Hashem (Bulbul) Vs. Mobarak Uddin Mahmud, 1986, 15 CLC (HCD)

....below are affirmed. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 145.                   ......e entire 15 votes to the other candidates. On top of it, the recounted ballot papers revealed that 293 votes cast in favour of the opposite party No.1 contained double sealing. The Tribunal therefore deducted 397 votes and 293 votes from 3270 votes obtained by the opposite party No.1 in total and fo...... Result: The Rule is discharged. Cases Referred to- Imam Hossain Bepari Vs. Election Tribunal, 31 DLR 381; Mohammad Hashem Vs. Safdar, ILR 14 (Lahore) 473; Bij Mohan Singh Vs. Priya Brata Narayan Singh and others, AIR 1965 (SC) 282. Lawyers Involved: M.A. Karim—For th......below are affirmed. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 145.                   ..

Category: Election Law, Evidence Law | Date: 12 Feb, 1986 | Hits: 4

Alhaj Mamtaj Meah Vs. The State, 1986, 15 CLC (HCD)

....of the case in accordance with law as expeditiously as possible. Md. Abdul Jalil, J.—I agree Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 152.     ......of the case in accordance with law as expeditiously as possible. Md. Abdul Jalil, J.—I agree Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 152.     ......sent: Fazle Hussain Moham­mad Habibur Rahman J Md. Abdul Jalil J Alhaj Mamtaj Meah…………….……...........Petitioner Vs. The State.........................................Opposite party Judgment January 30, 1986. ......of the case in accordance with law as expeditiously as possible. Md. Abdul Jalil, J.—I agree Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 152.     ..

Category: Criminal Law, Procedural Law | Date: 30 Jan, 1986 | Hits: 1

Latfur Rahman and others Vs. Golam Ahmad Shah and others, 1986, 15 CLC (AD)

....aid by way of advance within 3 months. In default, the contract stands and the decree will be enforced. No order as to costs. Ed. This Case is also Reported in: 39 DLR (AD) (1987) 242. ......aid by way of advance within 3 months. In default, the contract stands and the decree will be enforced. No order as to costs. Ed. This Case is also Reported in: 39 DLR (AD) (1987) 242. ......in 3 months. In default, the contract stands and the decree will be enforced. No order as to costs. Ed. This Case is also Reported in: 39 DLR (AD) (1987) 242. ......actor and since they needed money for the marriage purpose, the house was given security for loan and that is their only residential house. Her children are still at school and she has  no other source of in-come. "এই বাড়ি থেকে আমাদের চলে যেতে হ..

Category: Contract Law | Date: 27 Jan, 1986 | Hits: 212

Sakya Pada Barua & others Vs. The State and others, 1986, 15 CLC (HCD)

....urul Mostafa and Nurul Amin are discharged from their bail bonds. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 86.     ......urul Mostafa and Nurul Amin are discharged from their bail bonds. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 86.     ......visional Jurisdiction) Present: Fazle Hussain Moham­mad Habibur Rahman J Md. Abdul Jalil J Sakya Pada Barua & others.........................Petitioner Vs. The State and others .................................Opposite Party Judgment January 12, 1986. ......urul Mostafa and Nurul Amin are discharged from their bail bonds. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 86.     ..

Category: Criminal Law | Date: 12 Jan, 1986 | Hits: 1

Muktad Hossain Majumder Vs. Abul Bashar Majumder & others, 1986, 15 CLC (HCD)

....he result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 41.           ......he result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 41.           ...... This Case is also Reported in: 38 DLR (HCD) (1986) 41.           ...... It is a Civil Court. Therefore, any appellate matter that is placed within the jurisdiction of the Dis­trict Judge as a principal Civil Court of origi­nal civil jurisdiction, whatever be the source of trial, will be governed by the Code of Civil Procedure. 10. In entertaining an applic..

Category: Administrative Law, Election Law | Date: 7 Jan, 1986 | Hits: 2

H.N. Fabrics Ltd. Vs. Mallick Textile Indus­tries and others, 1985, 14 CLC (AD)

....istration of the deed of sale on 30.6.1979 and on receipt of the balance consideration money by which time the defen­dants would obtain requisite permission from the authority and necessary income tax cleara­nce certificate at their own costs. The plaintiff however, could not pay the principal ...... contract which could be enforced by specific performance. In the result this petition is dismissed. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 126.   ......d by specific performance. In the result this petition is dismissed. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 126.   ...... contract which could be enforced by specific performance. In the result this petition is dismissed. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 126.   ..

Category: Contract Law | Date: 15 Jan, 1985 | Hits: 1288

Abu Taher and others Vs. Mst. Razia Begum and another, 1984, 13 CLC (HCD)

....Income Tax Act, 1922 and observed as follows: ''Now one of the purposes of the Act is sec. 42. They re therefore to be "deemed to be" the agent who is char­geable to income tax, are deemed to be the assessee—the assessee being in terms of sec. 2(2) defined as the per......ted. Let a copy of this judgment be sent to the trial Court immediately. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 18.   ...... Razia Begum and another..........................Opposite-Parties Judgment December 4, 1984. Result: The Rule is discharged. Cases Referred to- Md. Mustafa Mondal Vs. State, 35 DLR 362; Nizir Ahmed and others Vs. Yunus and others, 36 DLR 93; Commissioner of Income Tax,......ted. Let a copy of this judgment be sent to the trial Court immediately. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 18.   ..

Category: Criminal Law | Date: 4 Dec, 1984 | Hits: 2

Motiur Rahman Vs. May Industries Ltd, 1984, 13 CLC (HCD)

....annual general meeting held on 28.2.83 signed by the Chair­man of the meeting. It is found that the company has earned a net profit of Tk. 1,63,957.08 during 1977-1982 and that there is an income tax demand of Tk. 1,07,841.00 from 1975-1980. Accordingly the Directors did not declare any dividend...... against the respondent-company. Certified for one counsel with one junior. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 41.         ......otiur Rahman......................................Petitioner Vs. May Industries Ltd.................................Respondent Judgment April 26, 1984. Result: The application is dismissed. Cases Referred to- Re Fildes Bross. Ltd., (1970) 1 All E.R. 923; Re: Y...... 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

M/s. Haque Bro­thers (Carbide) Ltd. Vs. Bangladesh Shilpa Rin Sangstha & others, 1984, 13 CLC (AD)

.... on the aforesaid amount of principal and interest calculating from this day till realization. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 47. ......ci­pal and interest including penal interest shown in the Table it shows the deduction of US dollar 44,376.39 which has been paid bet­ween two dates, namely 1-1-72 and 1-1-76. If this amount is now deducted from the amount claimed by the respondent Sangstha it comes up to US dollar 90,679.36. It m......principal and interest calculating from this day till realization. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 47. ...... on the aforesaid amount of principal and interest calculating from this day till realization. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 47. ..

Category: Procedural Law | Date: 2 Apr, 1984 | Hits: 105

Nezamat Ali Vs. Syed Ahmed Chowdhury and others, 1984, 13 CLC (HCD)

....peal is dismissed in terms of Clause 36 of the Letters Patent without any order as to costs. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 45.       ...... upon the decisions reported in 27 I.A. 69, 37 I.A. 147, 48 I.A. 302 and 50 I.A. 295 a Division Bench of the Calcutta High Court in the case of Sm. Hemanta Kumari Bose Vs. Sree Sree Iswar Chandra Jew deducted certain principles. That suit was for recovery of possession on establishment of title. The......o costs. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 45.       ......peal is dismissed in terms of Clause 36 of the Letters Patent without any order as to costs. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 45.       ..

Category: Limitation Law, Property Law, Trust/Waqf Law | Date: 18 Jan, 1984 | Hits: 1

I.C.I. (Bangladesh) Ltd Vs. M/s. G. K. Brothers, 1983, 12 CLC (HCD)

.... registered through the trial court in accordance with law. Syed Mohammad Ali J. — I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 114     ...... registered through the trial court in accordance with law. Syed Mohammad Ali J. — I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 114     ......al No.9 of 1978. Judgment Mohammed Habibur Rahman J. — This appeal is directed against the Judgment and decree passed on 30.11.77 in Other Suit No. 41 of 1974 by Mr. N. Ahmed, Subordinate Judge, First Court, Chittagong in a suit for specific performance of contract in respect of sale...... registered through the trial court in accordance with law. Syed Mohammad Ali J. — I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 114     ..

Category: Abandoned Properties Law | Date: 13 Dec, 1983 | Hits: 8