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Bangladesh Moktijoddah Kalyan Trust rep. by MD Vs. Kamal Trading Agency & others. 1997, 26 CLC (AD)
....d, and 13 of B Das Road, Narayanganj comprising 61.75 Kathas of land originally belonged to Hardeo Glass, Aluminium, Enamel and Silicate Works Ltd. Respondent No.2 as proprietor of respondent No. 1 a business/commercial enterprise, took lease of the said premises on 14-6-1971 and set up a Salt Refin...... ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Bangladesh Moktijoddah Kalyan Trust represented by the Managing Director…………………Appellant Vs. Kamal Trading Agency and others……………...........erest at the rate of 6% from 5-6-86 till realisation; failing which it will be executed as a money decree in the usual course. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 171. ......erest at the rate of 6% from 5-6-86 till realisation; failing which it will be executed as a money decree in the usual course. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 171. ..Category: Contract Law | Date: 6 Nov, 1997 | Hits: 292
....LJ and of the judges of the Supreme Court suggest that the fundamental test to be applied is this: "Is the person who has engaged himself to perform these services performing them as a person in business on his own account?" If the answer to that question is "yes," then the contr......
Kazi Ebadul Hoque J
Amirul Kabir Chowdhury J
Suraiya Rahman………………….………Petitioner
Vs.
Skill Development for Underprivileged Women represented by its Project Director and ors…………......en defined in the definition section 2 of the Ordinance. Under the definition section 3 of the General Clause Act "person shall include a Company or association or body of individuals, whether incorporated or not." In the application submitted to the Registrar respondent No.1 stated that i......the petitioner and registration of copyright in favour of the respondent No.1 in respect of the remaining 19 designs is upheld.
Ed.
This case is also Reported in: 49 DLR (HD) (1997) 222.
..
Category: Intellectual Property Law | Date: 9 Dec, 1996 | Hits: 218
Khorshed Alam Vs. Azizur Rahman & another, 1995, 24 CLC (HCD)
....are discharged and orders of stay stand vacated. Communicate the orders to the Court below to proceed with the cases in accordance with law. Ed. This Case is also Reported in: 48 DLR (1996) 36. ...... accordance with law. Ed. This Case is also Reported in: 48 DLR (1996) 36. ......blic servant as defined in section 21 of the Penal Code, and includes a Chairman, Director, Trustee, Member, Commissioner, officer or other employee of any local authority, statutory corporation body corporate or of any other body or organisation constituted or established under any law." From an......limited term of years, and of acting as a unit or single individual in matters relating to the common purpose of the association within the scope and of the powers and authorities conferred upon such bodies by law.” 14. From the above it is clear that a “body corporate" is an artificial perso..Category: Criminal Law | Date: 13 Aug, 1995 | Hits: 99
Ramisunnessa Bibi and another Vs. Soleman Molla and others, 1994, 23 CLC (HCD)
....ers preferred a Miscellaneous appeal against the said order of injunction and the said appeal was dismissed. It was further contended that the suit property along with other lands belonged to a joint business firm known as Laxmi Bhandar. About 40/50 years back the said original defendant was inducte......ties Judgment September 5, 1994. Case Referred To- Hajee Abdus Sattar Vs. Mahiuddin and others, 6 BCR (AD) 71. Lawyers Involved: MA Rahim with Shamsul Huq and Ismail Gazi, Advocate-For the Petitioners. Mihir Kanti Majumder with Nehid Yesmin, Advocates-For the Opposite Parties. ......tion. Accordingly, the Rule is made absolute and the impugned judgment and decree are set aside. However, there will be no order as to costs. Ed. This Case is also Reported in: 48 DLR (1996) 31. ......tion. Accordingly, the Rule is made absolute and the impugned judgment and decree are set aside. However, there will be no order as to costs. Ed. This Case is also Reported in: 48 DLR (1996) 31. ..Category: Tenancy Law | Date: 5 Sep, 1994 | Hits: 182
MA Malik Vs. State, 1994, 23 CLC (HCD)
.... common relation she again came to the petition’s house at Dhaka and it was decided that the dispute would be finally settled after his return from London where he was to go in connection with some business. He returned from London on 31.8.92 and in the meantime she had left for her father’s hou......, 1994. Cases Referred To- Md. Zakir Hossain Khan and others Vs. the State, 18 DLR 67; 42 DLR (AD) 223. Lawyers Involved: Kazi Shahadat Hossain with Md. Amirul Islam Mondal, Advocates ‑For the Petitioner. Amirul Kabir Chowdhury Deputy Attorney‑General with Syed Abu Kowser, Advocat......al, the operation of this order remains stayed for a week and the prosecution must see that in the mean time the petitioner is not arrested. Ed. This Case is also Referred to: 48 DLR (1996) 18. ......al, the operation of this order remains stayed for a week and the prosecution must see that in the mean time the petitioner is not arrested. Ed. This Case is also Referred to: 48 DLR (1996) 18. ..Category: Women and Children | Date: 28 Aug, 1994 | Hits: 97
Sadaruddin Ahmed Chisty Vs. Government of Bangladesh and others, 1994, 23 CLC (HCD)
....8.12.93, so far it relates to the aforesaid two books, is set aside. As regards other six books; the order of 8.12.93 is hereby sustained. Ed. This Case is also Reported in: 48 DLR (1996) 39. ......68 of 1994) Judgment August 16, 1994. Cases Referred to- Md. Khair Ahmed Vs. Bangladesh 40 DLR 359; Bangladesh Anjuman-e-Ahmedia Vs. Secretary, Ministry of Home Affairs, 1993 BLD 45; The Working Muslim Mission and Literary Trust, Lahore and the Civil and Military Gazette, Limited, Lahore......uddin Abnul Arabi were termed as “Qafir”. They were highly learned and religious intellectual persons and respected by the Muslims. That might be the theory of the Wahabis, but it should not be incorporated in a book and purchased in a country like Bangladesh where 85% people are Muslim. At Page......8.12.93, so far it relates to the aforesaid two books, is set aside. As regards other six books; the order of 8.12.93 is hereby sustained. Ed. This Case is also Reported in: 48 DLR (1996) 39. ..Category: Others | Date: 16 Aug, 1994 | Hits: 134
Samarendra Nath Roy Chowdhury Vs. Abdul Jabbar and others, 1994, 23 CLC (HCD)
.... the money on behalf of the defendant. In 1994 BLT (AD) 4, defendants in a suit for their eviction from the suit premises stated in the written statement that the defendant No.1 as tenant started his business in the suit premises and paid rent to the original owner, but at a very late stage sought t......ade absolute. Cases Referred to- 54 CWN 445; AIR 1964 Cal 439; 13 DLR 871; 1994 BLT (AD) 4; AIR 1922 PC 249; AIR 1964 (Cal) 57. Lawyers Involved: Abdus Salam Khan, Advocate—For the Petitioner GH Afrin with Syed AB Mahmudul Hoque, Advocates—For the Opposite Partie......onversion or amendment on the basis of the same cause of action should be allowed. (ii) due to change of the parties. In AIR 1964 (Cal) 57, a suit was filed against a Club which was neither an incorporated body nor a registered society and as such suit was not maintainable. Plaintiff then sough......ts within two months from the date of receipt of this order by the trial Court, in default the application shall stand rejected. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 273 ..Category: Civil Law, Procedural Law | Date: 11 Apr, 1994 | Hits: 1
....elief was claimed against him. The case of the petitioner also is that it is an international lease finance Company comprising of five international organisations and two local ones and they carry on business of lease finance of machineries rented by industrial concerns under standard lease agreemen......arties
Judgment
February 24, 1994.
Result:
The Rule is made absolute.
Cases Referred to-
22 DLR 130 (Province of East Pakistan Vs. His Highness Maharaja Kirti Bikram Kishore Deve Barman Manikya Bahadur; 29 DLR 81 (Ibrahim Sk. and others Vs. Janab Sk. alias Janab Ali Sk....... provision of section 152 of the Code of Civil Procedure as it is not a clerical or arithmetical mistake or mistake on omission. He argued that the trial Court consciously by its own hand incorporated the last portion of the sentence, that is, the foreclosure of the plaint 'Ka' sch...... certified copy of the decree before the executing court after its correction.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 199
..
Category: Civil Law, Property Law | Date: 24 Feb, 1994 | Hits: 1
....f 5% percent and dismissed the suit against the rest defendants without costs.
2. The respondent being plaintiff instituted the aforesaid Money Suit on the allegation that defendant No.1 being a businessman dealing in whole‑sale agency business maintained a current account being No. C/A 396 w...... to it by a party is similar to the liability of a bailee. The Railway carries goods delivered to it by a party under a contract and is bound to take such care of the goods as is required of a man of ordinary prudence.
It can limit its liability only by entering into special contract with the p......judgment and decree passed by the trial Court is hereby affirmed.
Send down the LR Records at once.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 254
......judgment and decree passed by the trial Court is hereby affirmed.
Send down the LR Records at once.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 254
..
Category: Contract Law | Date: 13 Jan, 1994 | Hits: 3
South Asia Shipping Ltd Vs. MV Tony Best and others, 1993, 22 CLC (HCD)
....esisted by the plaintiff. 2. The short facts necessary for disposal of this application are: The plaintiff is the owner of the lighterage vessel "MV Queen of Heart" and carries on business of shipping in carrying of cargo through river routes and sea ports on rental basis. Defend......isdiction) Present: AM Mahmudur Rahman J South Asia Shipping Ltd…………………………Plaintiff Vs. MV Tony Best and orthes………………………Defendants Judgme......t and this Court has jurisdiction to entertain the plaint. The suit will proceed in accordance with law. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 226 ......t and this Court has jurisdiction to entertain the plaint. The suit will proceed in accordance with law. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 226 ..Category: Admiralty Law or Maritime Law | Date: 25 Aug, 1993 | Hits: 4
Bengal Water Ways Ltd. Vs. Inland Water Transport Authority & others, 1993, 22 CLC (HCD)
.... Short facts giving rise to this Miscellaneous Appeal are as follows: The plaintiff-appellant is a private limited company incorporated under the Companies Act, 1913 and has been carrying on the business of river transport services in this country. The defendant No.1 Bangladesh Inland Water Tra......nal Jurisdiction) Present: Muhammad Ansar Ali J Bengal Water Ways Ltd………………………Petitioner Vs. Inland Water Transport Authority & others……………Respondents Judgment Jul......datory injunction arising out of Title Appeal No. 51, of 1990. 2. Short facts giving rise to this Miscellaneous Appeal are as follows: The plaintiff-appellant is a private limited company incorporated under the Companies Act, 1913 and has been carrying on the business of river transport se......id application for temporary injunction. Let this order be communicated to the Court below at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 179 ..Category: Corporate Law | Date: 25 Jul, 1993 | Hits: 2
A Quyyum and another Vs. Uttara Bank Limited and Others, 1993, 22 CLC (HCD)
.... and mother of Appellant No. 2, opened current account No. 586 with the then Eastern Banking Corporation; that the said Halima Khatoon approached the Bank for Over Draft facilities for running of her business and, in consideration of the said approach, an Over Draft limit of Tk. 50,750.00 was sancti......a Bank Limited and Others……….....Respondents Judgment July 25, 1993. Result: The appeal is allowed. Cases Referred to- Percy F. Fisher Vs. Ardeshir Hormasji Gazdar and another, A.I.R. 1935 (Bombay) 213; Mahalinga Nadar Vs. Vanapathi Subbien , I.L.R.......t aside and the suit is dismissed. In the facts and circumstances of the case, however, we make no Order as to cost. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 156 ......t aside and the suit is dismissed. In the facts and circumstances of the case, however, we make no Order as to cost. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 156 ..Category: Limitation Law | Date: 25 Jul, 1993 | Hits: 3
Nurunnahar Khatun Vs. State, 1993, 22 CLC (HCD)
.... 28 DLR 123 wherein it has been held, "A horoscope is not like a birth register which is maintained, under some provisions of law, at any office, such as the Municipality or like entries of business." 36. It is always possible to procure a horoscope subsequently for the purpose o......rs, 28 DLR 123; Manindra Kumar Malakar Vs. Secretary of Home Affairs and others, 43 DLR 71 para 10. Lawyers Involved: Amirul Islam with MA Quddus Miah and Most. Shireen Akhter, Advocates‑For petitioner in Criminal Revision No. 1336 of 1992 and petitioner in Criminal Misc, No. 536 of 1992...... prayer of Mr. SS Halder, the learned Advocate for the parents, the prayer for the advance order is withheld for 1 (one) month. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 112. ...... prayer of Mr. SS Halder, the learned Advocate for the parents, the prayer for the advance order is withheld for 1 (one) month. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 112. ..Category: Criminal Law | Date: 14 Jul, 1993 | Hits: 3
....ntiff claimed to invest in forming the joint venture company. The joint venture company was named as M/s. JV Amin Fishing Industries Limited which was duly incorporated. So, schedule-1 is for loss of business and schedule-2 was the expenses incurred by the plaintiff for formation of the company. But......LR (HCD) (1994) 39
......entered into on 29th day of January, 1979 in between the plaintiff and defendant No.1 which is called joint venture agreement with the stipulation that they would form a joint venture company to be incorporated in Bangladesh with 51% shares to be assigned to the plaintiff and 49% shares shall be ass...... learned Subordinate Judge are hereby set aside and the suit is dismissed.
Send down the LC records immediately.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 39
..
Category: Contract Law | Date: 14 Jul, 1993 | Hits: 9
Moudud Ahmed Vs. Bangladesh Bar Council, Dhaka and others, 1993, 22 CLC (HCD)
....etitioner on political ground and that his appeal was dismissed without lawful authority and that the impugned resolution was politically motivated which had nothing to do with the transaction or the business of the Association and was passed in excess of its jurisdiction and that the impugned order......p; 4(5) The Bar Association is a welfare association of the members. The Purpose and object of the Bar Association as contained in Article 3 of the Constitution of Bangladesh provides for giving facilities to its members for conducting the profession using books and journals and other......le to the petitioner and that the petitioner is entitled to practise in the Supreme Court as an Advocate. Ed. This Case is also Reported in: 46 DLR (HCD)(1994) 71. ......le to the petitioner and that the petitioner is entitled to practise in the Supreme Court as an Advocate. Ed. This Case is also Reported in: 46 DLR (HCD)(1994) 71. ..Category: Administrative Law, Constitutional Law | Date: 21 Apr, 1993 | Hits: 5
Meghna Petroleum Limited Vs. Commissioner of Taxes (West Zone) Dhaka, 1992, 21 CLC (HCD)
....as been formulated by the assessee company. 2. In order to appreciate the question and to answer the same it is necessary to state the facts in short. The assessee, a limited company, carries on business of marketing petroleum products. It is a subsidiary company of Bangladesh Petroleum Corpora......cated. The parties are to bear their respective costs although. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 260 ...... order of stay granted by the court on 29.10.92 is hereby vacated. The parties are to bear their respective costs although. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 260 ...... order of stay granted by the court on 29.10.92 is hereby vacated. The parties are to bear their respective costs although. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 260 ..Category: Fiscal/Taxation Law | Date: 30 Nov, 1992 | Hits: 6
Abul Hossain and others Vs. State, 1992, 21 CLC (HCD)
....ed in connection with any other case. Send down the records to the Court below at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 77. ......lip;………………….Respondents Judgment August 23, 1992. Result: All the appeals are allowed. Manner of recording confession of an accused Sub-section 164 (3) speaks of the manner as to how a confession......ed in connection with any other case. Send down the records to the Court below at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 77. ......s committed by the dacoits in collusion with the said helpers and the driver; that the commission of the dacoity was compiled within 5/6 minutes and the dacoits had lungi, shirt and pant pul on their bodies. The dacoits went towards the south-eastern direction after committing the dacoity, and their..Category: Criminal Law | Date: 23 Aug, 1992 | Hits: 6
A R Shams ud Doha Vs. Bangladesh and others, 1992, 21 CLC (HCD)
....ladesh's only international English Language Weekly. The petitioner who was former Ambassador is now residing in Bangladesh permanently being his place of birth. He often travels out for his business and professional works and also for his medical check up. He is a heart patient with dental...... Judgment August 4, 1992 Result: This rule is made absolute. Powers need to be exercised within the limits of the power and the law— Powers given to an executive authority under the provision of a law need to exercise within the limits of the power and the law, foll......alogue' (ii) a Bengali language weekly 'Sanglap' (iii) an English Language daily, the Dhaka Monitor. The petitioner formed and floated and set up Dialogue Publication Limited, a company incorporated under the laws of the country for the purpose of publication of the aforesaid weeklies an......order. In the facts and circumstance of the case there is no order as to cost. Communicate this order at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 405. ..Category: Administrative Law, Constitutional Law | Date: 4 Aug, 1992 | Hits: 3
Salim Hasan Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)
.... said company being Article 53 which reads that except with the permission of the Bangladesh Bank the company was not competent to accept any deposit and open any account and issue cheque and open LC business of wage earner remittance and the function of the company insofar as it falls within the pu...... Salim Hasan…………....................Petitioner Vs. Government of Bangladesh and others……………Respondents Judgment July 16, 1992. Cases Referred to- Borjahan Vs. State of West Bengal, AIR 1972 (SC) at page 2256; AIR SC 207; AIR 1974 SC 2154; Sk. Shah......sed which include the detenu Mohammad Faruque, son of late Syed Ali Munshi including Mustafizur Rahman and others that BCI is a non‑banking financial institution established in private sector and incorporated on 7.1.86, the said company without obtaining permission from the Controller of Capital I......ka Central Jail be set at liberty at once if not wanted in connection with any other case. Communicate this order at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 318. ..Category: Banking Law | Date: 16 Jul, 1992 | Hits: 187
Ataur Rahman Vs. Bangladesh & others, 1992, 21 CLC (HCD)
....who issued the condition and would have right to remove and waive the very condition and in the instant case by his auction he did alter the condition and therefore the Divisional Commissioner had no business to dishonour or not to approve the lease already executed by the competent authority, namel......ntract will not be insisted upon by the other and if the second party acted on it, the first party would not be allowed to insist on that right when it would be inequitable to do so. Waiver must originate from an agreement— Waiver is an agreement, though can even be expressed b......y and of law (1892) 2 QB 147. We find no substance in this application which is summarily rejected. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 307 ......y and of law (1892) 2 QB 147. We find no substance in this application which is summarily rejected. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 307 ..Category: Administrative Law | Date: 25 May, 1992 | Hits: 2
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