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Grameen Solutions Ltd. Vs. Registrar, Joint Stock Com¬panies and Firms, 2012, 41 CLC (HCD)
.... and I find that the following views were taken in that case, namely "(i) The question of reduction of share capital is treated as matter of domestic concern, i.e. it is the decision of the majority which prevails. (ii) If majority by special resolution decides to reduce share capital......share capital. 2. Facts leading to filing of this application, in brief, are that in order to increase its capital base, the Company issued 1,98,000 (one lac ninety eight thousand) ordinary shares to one Mr. Zabir Husain (ZH) on 25-11-2010 and 1,98,000 (One lac ninety eight thousand) ordin..Category: Company Law, Corporate Law | Date: 15 Oct, 2012 | Hits: 11
Abdul Wadud (Md.) Vs. Heaven Homes Private Ltd and others, 2012, 41 CLC (HCD)
.... frustrated. The sprit of section 233 is to be considered to ensure corporate governments as well and to require fairness in managing the affairs of the company by the Board of Directors or majority share-holders. However, on the facts of this case, I find 54 DLR 28 is liable to be disting......tion, in short, are that the petitioner is the Managing Director of the Respondent No. 1 Company namely The Heaven Homes Private Limited, certificate of incorporation No.C-71163 (3670)/08, having 500 shares of Taka 1000 each. The petitioner is holding 20% shares in the company, incorporated on 8-5-2..Category: Company Law | Date: 14 Oct, 2012 | Hits: 5
Lal Mia and another Vs. Secretary, Ministry of Land and others, 2012, 41 CLC (HCD)
....udge, Narayanganj. Accordingly, the Rule is disposed of with the above observations and directions. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 68. ......es of land for the family of Mrs. Jahanara Abedin and 2.97 acres of land for Md. Basiruddin and his heirs. When this was the position of the suit land, both the groups of people sold their respective shares to the petitioners. Md. Shahabuddin, Md. Moslem Miah and Md. Saidur Rahma, who are the heirs ..Category: Property Law | Date: 8 Oct, 2012 | Hits: 8
Motaher Hossen Vs. Bangladesh Commerce Bank Limited and others, 2012, 41 CLC (HCD)
....nt of the bodies to complete the process of IPO is hereby deleted, in consequence. Cost will be borne by the company. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 393. ......g (AGM) of the Respondent No.1 (herein after referred as 'the Bank'). 2. Facts, in short, for the disposal of the matter are that one Md. Abdul Mia, a shareholder of the Bank holding 112 shares, filed Title Suit No.189 of 2011 in the Court of 7th Assistant Judge, Dhaka, Title Suit No.18..Category: Company Law | Date: 2 Oct, 2012 | Hits: 14
Orascom Telecom Bangladesh Ltd Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....tion service, tariff, charge rage, radio communications, spectrum managements, issuance of spectrum assignment license etc. However, in the year of 2010, the aforesaid BT Act, 2001 has undergone major changes through the amendments vide Act 41 of 2010 as published in Bangladesh Gazette dated 01......no legal effect; 2. Brief facts, necessary for the disposal of this Rule, are as follows:— The petitioner Orascom Telecom Bangladesh Limited is a private company limited by shares and incorporated under the laws of Bangladesh. The petitioner company is a digital cellular m..Category: Fiscal/Taxation Law, Information Technology Law | Date: 14 Aug, 2012 | Hits: 19
Golam Rahman Vs. Registrar of Joint Stock Companies and Firms and others, 2012, 41 CLC (HCD)
.... Let a copy of the judgment and order be sent to the Registrar of Joint Stock Companies & Firms. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 477. ...... Section 43(3) In accordance with the provisions of sub-section 3 of section 43 of the Companies Act, 1994 the court has power to ascertain the title of the parties in respect of their disputed shares…........ (9) Lawyers Involved: Aklitar Imam, Advocate—For the Petition..Category: Company Law | Date: 6 Aug, 2012 | Hits: 8
Shahjahan Khalifa and others Vs. State, 2012, 41 CLC (AD)
....iation of laws and facts do not call for interference. Accordingly, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 95. ......, is that there was a ditch behind the informant's house on the western side of the accused Shahjahan. The ditch was in ejmali and suitable for fishery. There was no demarcation of the respective shares of the ditch between the informant and accused Shahjahan. The informant put some branches of ..Category: Criminal Law | Date: 6 Aug, 2012 | Hits: 7
Shahjahan Khalifa and others Vs. State, 2012, 41 CLC (AD)
....ade on proper appreciation of laws and facts do not call for interference. Accordingly, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: ......is that there was a ditch behind the informant’s house on the western side of the accused Shahjahan. The ditch was in ejmali and suitable for fishery. There was no demarcation of the respective shares of the ditch between the informant and accused Shahjahan. The informant put some branches of ..Category: Criminal Law | Date: 6 Aug, 2012 | Hits: 113
Yasin Rahman @ J Rahman Yasin @ Titu Vs. State, 2012, 41 CLC (AD)
....ahman Yasin @ Titu........Appellant Vs. State......................................................Respondent Judgment August 1, 2012. Result: The appeal is dismissed by majority decision. Cases Referred to- Judicial Committee of the Privy Council in Mirza Akb......ith the judgment of Surendra Kumar Sinha, J. Order of the Court This appeal is, however, dismissed by majority decision. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 8. ..Category: Criminal Law | Date: 1 Aug, 2012 | Hits: 36
MA Gafur Vs. Registrar of Joint Stock Companies and Firms & ors, 2012, 41 CLC (HCD)
...., 16 The jurisdiction being regulatory and preventive in nature under section 233 of the Act is to be exercised to protect interest of the minority shareholders from being prejudiced by the majority shareholders as well as to prevent mismanagement as regards the affairs of the com­...... in the petition that the Company has been incorporated on 11-5-1997, vide certificate of incorporation dated 11-5-1997, under the Companies Act with 4 subscribers, subscribing for total 2000 numbers shares of Taka 100 each. These 4 subscribers each has subscribed for 5,000 shares equally. Article 1..Category: Company Law | Date: 31 Jul, 2012 | Hits: 16
Faizur Rahman (Md.) and another Vs. Mokarram Hossain and others, 2012, 41 CLC (HCD)
....s dismissed without any order as to cost. Send down the lower court records. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 46. ......ssion and from Charulata Paul, Kaniz Fatema by registered deed No.4113 in 1950 purchased the said land and got possession. Direndra Chandra Sing and other 3 sons of raja Shibkrishna Sing also got 4/7 shares and for title and recovery of possession against Charulata Paul, Sarnalata Paul and others as..Category: Property Law | Date: 25 Jul, 2012 | Hits: 10
Kazim Uddin (Md.) Vs. Government of Bangladesh, 2012, 41 CLC (AD)
....he findings and decision of the inquiry officer and issued a provisional order of dismissal of the petitioner from service. Ultimately, respondent No.4 issued the order dated 01-10-2000 imposing major penalty by dismissing the petitioner from service. Being aggrieved by the order of dismissal t......ade before, we do not find any substance in this petition. Accordingly the civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 121. ..Category: Administrative Law | Date: 11 Jun, 2012 | Hits: 390
Abul Kashem Vs. Major General Mahmudul Hasan (Rtd.) and others, 2012, 41 CLC (AD)
....st votes as the returned candidate in that constituency in place of the petitioner whereas the question does not relate to voting dispute. The petitioner being duly elected representing the vast majority of people of that constituency by securing more than 74,000 votes than the candidate securi......d, a public limited company, took some loan from the Sonali Bank, Corporate Branch, Bango Bandhu Avenue, Dhaka. He is the Managing Director of the said Company and also the guarantor of the loan. The shares held by him in that Company is less than 25% of the share capital. So, he is not a loan defau..Category: Election Law | Date: 5 Jun, 2012 | Hits: 217
Grameen Telecom Vs. Commissioner of Taxes, 2012, 41 CLC (HCD)
....er, the assessee filed 2nd Appeal before the Taxes Appellate Tribunal, Division Bench-3, Dhaka (the Tribunal, in brief) stating that the Commissioner of Appeal was not legally justified in confirming major disallowances of the DCT and allowing a partial relief from some minor heads; that additi......istrar, Supreme Court of Bangladesh is directed to take step under section 161(2) of the Income Tax Ordinance, 1984. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 241 ..Category: Fiscal/Taxation Law | Date: 3 Jun, 2012 | Hits: 4
Mehedi Hasan @ Modern (Md.) and others Vs. State, 2012, 41 CLC (AD)
....lip;…………………………….............Respondent Judgment June 3, 2012. Result: The appeal is allowed in part by majority decision. Death Reference No.44 of 2002 heard analogously with Criminal Appeal No......000 each in default to suffer rigorous imprisonment for 3(three) months more. The Jail Petition is disposed of accordingly. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 111. ..Category: Criminal Law, Women and Children | Date: 3 Jun, 2012 | Hits: 30
Hedayetullah and others Vs. Foyjun Nessa Begum and others, 2012, 41 CLC (AD)
....cordingly the appeal is allowed without any order as to costs and the impugned judgment is set-aside and the suit is dismissed as a whole. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 139. ......his son, Ali Mia and daughter Joynab Banu as his heirs. Ali Mia died leaving behind his son, Sultan Ahmed and Fazlul Haque who became owners of the suit land. Sultan Ahmed and Fazlul Haque sold their shares, that is, 6.64 acre s of land to defendÂant No.1 by two registered deeds of sale dated 3-12-..Category: Property Law | Date: 30 May, 2012 | Hits: 33
Md. Mintu Chowdhury Vs. Khurshid Nayeem and others, 2012, 41 CLC (AD)
....n the impugned judgment and order and consequently, no merit in the leave petition. Accordingly, the leave petition is dismissed. This Case is also Reported in: 18 MLR (AD) (2013) 46. ......vered possession thereof to them. Jinnatun Nessa died leaving behind son Kashem Ali and daughter-Joynab Bibi and they, by two kabalas dated 25.07.1958 and 09.08.1958 respectively, transferred their shares to Syed Ahmed, Moqbul Ahmed and Khurshid Jahan (the predecessors' of the writ petitioners), ..Category: Property Law | Date: 29 May, 2012 | Hits: 12
Abdun Noor and others Vs. Aziruddin and others, 2012, 41 CLC (AD)
....he appeal is allowed in part and the suit is decreed in respect of 1.11 acres of land in SS plot No. 3433 out of the suit land. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 127. ......d 60 decimals to Makbul Ali, son of defendant No. 3 (Mustakim Ali) by a registered deed of sale. In the aforesaid manner defendant Nos.1 to 4 and Mukbul Ali have been possessing their respective shares of the suit property. Defendants Nos.1 to 4 got their names recorded in record of right in re..Category: Property Law | Date: 8 May, 2012 | Hits: 112
Professor Muhammad Yunus and another Vs. Bangladesh, 2012, 41 CLC (AD)
....ra Hossain, learned counsel appearing for the petitioners in Civil Petition No.644 of 2011 took us to the various provisions of the Ordinance and submitted: a) the petitioners-who constitute the majority of the Board of Directors being borrowers and share holders of Grameen Bank have their righ...... Bank; c) the petitioners as Directors of the Bank filed the writ petition to protect their statutory right under the Grameen Bank Ordinance, it being not a public institution, the majority shares held by private citizens have the right to prevent usurpation of their statutory right with r..Category: Banking Law | Date: 5 May, 2012 | Hits: 220
Govt. of Bangladesh and others Vs. Md. Nurul Alam, 2012, 41 CLC (AD)
....AdminiÂstrative Tribunal No.3, Dhaka against the order dated 09.05.1999 passed by the Secretary, Ministry of Home Affairs, rejecting his appeal filed against the order dated 29.09.1998 imposing a major penalty upon him by degrading him to the time scale, i e. below his salary scale (তাহà¦......ng afresh and to dispose of the same on merit in the light of the observations made and the findings given hereinbefore. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 97. ..Category: Administrative Law | Date: 29 Apr, 2012 | Hits: 12