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Sunirmal Chaudhuri Vs. Registrar of Joint Stock Companies & Firms, 2008, 37 CLC (HCD)
....ts as otherwise already specified in the MOA. 7. In light of the above, this Application is allowed and the proposed alteration/addition to the Objects Clause as detailed in the Special Resolution dated 9.8.2007 (Annexitre-'B') as referred to hereinbefore is hereby confirmed. 8. Let the new Su......ers of the Company having decided to modify the existing Sub-Clause No.1 of the MOA (Annexure-'A') held an Extraordinary General Meeting ("EGM") ' on 9.8.2007 (Annexure-'B'). The EGM was so held upon notice issued on 20.7.2007(Annexure-G1 of the SupplementaryAffidavit). The Petitioner upon stating t...... - For the Respondent. Company Matter No.179 of 2007. Judgment Syed Refaat Ahmed J.- This is an Application under Section 12 read with Section 13 of the Companies Act, 1994 ("the Act") for a confirmation of the alteration of the Objects Clause of the Memorandum of Association ("MOA") ..Category: Company Law | Date: 12 Feb, 2008 | Hits: 123
Sefina Ferdousi @ Shimla and another Vs. Jaohar Kabir and others, 2008, 37 CLC (HCD)
....Md. Abu Tariq J.- By this application under section 115 of the Code of Civil Procedure whereupon a Rule was issued calling upon the opposite party No.1 to show cause as to why the judgment and decree dated 14.05.2005 passed by the learned Additional District Judge in Paribarik Appeal No.32 of 2005 r......party. Subsequently, he tried his best on several occasions to bring her back but the petitioner refused all the times. While the position was such the opposite party on 19.10.2001 received a divorce notice from the petitioner and accordingly he personally appeared before the Arbitration Council. Th......h will be of paramount consideration. A mother who is married to a stranger losses her preferential right of custody over a minor child but that will not totally exclude her from being considered fit for guardianship if she is otherwise held on a consideration of all circumstances in a particular ca..Category: Women and Children | Date: 3 Feb, 2008 | Hits: 142
Ilias (Md.) Vs. Md. Zahed Chowdhury (Paban), 2008, 37 CLC (HCD)
....or Opposite Party Nos. 1, 3-8. Civil Revision No. 706 of 2000. Judgment MA Wahhab Miah J.- This Rule was issued calling upon opposite parties No. 1-8 to show cause as to why the orders dated 28-7-1998, 2-8-1998. 7- 10-1998, 11-1-1999, 28-2-1999, 3-5-1999, 16-6-1999, 26-7-1999, 22-9-19......he Court order in filing the documents as relied upon by the plaintiffs in the plaint. There will be no order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 76. ......………………..Petitioner Vs. Md. Zahed Chowdhury (Paban)......................Opposite Parties Judgment January 28, 2008. Result: The Rule is made absolute. Before a Court of law no party should receive any special treatment, and if such kind of treatment i..Category: Procedural Law | Date: 28 Jan, 2008 | Hits: 210
Nabab Khan Vs. Commissioner of Taxes, 2008, 37 CLC (HCD)
....arker, Assistant Attorney General — For the Respondent. Reference Application No. 261 of 2002. Judgment Md. Abdur Rashid J. - The above reference was presented against an order dated 19-9-2002 passed by the Taxes Appellate Tribunal in ITA No. 4319 of 2001-2002 in respect of a......cks, etc. He won 22-11-98 submitted his income tax return for the assessment year 1998-99 in question claiming a loss of Taka 10, 24,920. The case was fixed for hearing on several dates pursuant to notice under section 79 and 83(2) of the Income Tax Ordinance, 1984, in short, the Ordinance, but ......…… Respondent Judgment January 22, 2008. Result: The reference is dispose of. Lawyers Involved: MA Noor - Amicus Curiae. Majedul Islam Patwari, Advocate - for the Applicant. Zakaria Sarker, Assistant Attorney General — For the Respondent. R..Category: Fiscal/Taxation Law | Date: 22 Jan, 2008 | Hits: 13
Sultana Hashem Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
....titioner is the wife of the detenu. The detenu namely M. A. Hashem was arrested by the law enforcing agency on 28.05.2007 and was shown arrest in connection with Gulshan P.S G.D. being No.2090 dated 29.05.2007. While the detenu was in custody he was served with an order of detention issued......haka now detained in Dhaka Central Jail, be set at liberty at once, if not wanted in connection with any other case or cases. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 668. ......been deprived of his right to submit any effective representation against his detention and explain his position.………………………………..(14 & 16) Cautions should be taken before an order of detention is made The Special Powers Act of 1974 being a special law provi..Category: Criminal Law | Date: 21 Jan, 2008 | Hits: 10
Mostafa alias Masta Vs. State, 2008, 37 CLC (HCD)
....inal Appeal No.1198 of 2002. Judgment Siddiqur Rahman Miah J.- This Criminal Appeal under section 28 of the Nari-o-Shishu Nirjatan Daman Ain, 2000 is directed against the judgment and order dated 15-4-2002 passed by the learned Judge, Nari-o-Shishu Nirjatan Daman Bishesh Adalat, Dinajpur......stafa alias Masta be set at liberty forthwith if not wanted in connection with any other case. Send down the LCR at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 894. ......Dinajpur in Nari-o-Shishu Nirjatan Case No.356 of 2000 convicting the appellant under section 9(1) of the Nari-o-Shishu Nirjatan Daman Ain, 2000 sentencing him thereunder to suffer imprisonment for life and also to pay a fine of Taka 500 in default to suffer rigorous imprisonment for a period ..Category: Women and Children | Date: 16 Jan, 2008 | Hits: 27
Md. Amin-Ullah, Advocate and another Vs. Bangladesh and others, 2008, 37 CLC (HCD)
.... J.- In this Rule Nisi the respondents have been called upon to show cause as to why the respondents should not be directed to implement the decision as contained in memorandum No.Sha-8/Faj-65/93-191 dated 29.06.1994 (Annexure-E) and as to why the respondents should not be directed to demarcate the ...... representation the concerned Ministry directed to constitute a 3(three) members committee for spot enquiry and to submit a report in the matter and accordingly the 3 (three) members committee issued notice on 05.01.94 to the concerning people of Badda area including the petitioner No.1 and thereaft......rks relating to 'C Block at Mouza Badda, Map Sheet No.2 under L.A. Case No.138/1 961-62. On the basis of said representation the concerned Ministry directed to constitute a 3(three) members committee for spot enquiry and to submit a report in the matter and accordingly the 3 (three) members committe..Category: Property Law | Date: 9 Jan, 2008 | Hits: 20
Humayun Hossain Khan Vs. Government of the People's Republic of Bangladesh, 2008, 37 CLC (HCD)
....t No. 5. Writ Petition No. 6107 of 2004. Judgment Zinat Ara J.- In this writ petition under Article 102 of the Constitution, the petitioner has challenged the legality of Order No. 29 dated 4-10-2004 (Annexure-G) passed by the learned Judge of the Artha Rin Adalat No.3, Dhaka in Arth...... the re-scheduled instilments to avail himself of the exemption of interest. Then he was requested to pay the instilments due by letters dated 12-6-2000, 27- 8-2000 and 28-9-2000. Thereafter, a legal notice was served on him for payment. Final notice was also served upon the petitioner charging a to......lenged the legality of Order No. 29 dated 4-10-2004 (Annexure-G) passed by the learned Judge of the Artha Rin Adalat No.3, Dhaka in Artha Rin Suit No.32 of 2004 rejecting the prayer of the petitioner for disposal of the aforesaid suit by applying the provisions of section 47 of the Artha Rin Adalat ..Category: Banking Law, Civil Law | Date: 8 Jan, 2008 | Hits: 9
Gopal Chandra Das and others Vs. Nikunja Behari Sukra Das and others, 2008, 37 CLC (HCD)
....Parties. Civil Revision No. 1701 of 1995. Judgment Syed AKM Dabirush-Shan J. - This Rule was issued calling upon the opposite parties to show cause as to why the judgment and decree dated 7-9-94 and 19-9-94 respectively passed by the learned Additional District Judge, Narayanganj,......o stand in the eye of law and in this connection both the courts relied upon a decision reported in 30 DLR (SC) 41 wherein it has been clearly stated that the private document cannot be taken into notice and consideration and marked as exhibit without any formal proof unless the requirement of s......passed by the Munsif, Bandar Upazila, Narayanganj, in Title Suit No. 38 of 1985 dismissing the suit should not be set aside. 2. The petitioners as plaintiff filed the Title Suit No. 34 of 1985 for declaration of title in the suit land stating, inter alia, that one Govinda Chandra Chakraborty..Category: Property Law | Date: 7 Jan, 2008 | Hits: 9
Durga Prasad Singh Hazari Vs. Commissioner of Taxes, 2007, 36 CLC (HCD)
....57 of 2007, Reference Application No.158 of 2007, and Reference Application No.159 of 2007. Judgment Mohammad Abdur Rashid J.- The above references were presented against a common order dated 20.09.2000 passed by the Taxes Appellate Tribunal, Chittagong Bench at Chittagong in dismissin......separate income tax returns in the names of his wife and two sons in the same circle and thereby, he concealed income from the house property. Upon such views, the Deputy Commissioner of Taxes issued notice under section 93 of the Income Tax Ordinance, 1984, in short, the Ordinance against the asses......ainst a common order dated 20.09.2000 passed by the Taxes Appellate Tribunal, Chittagong Bench at Chittagong in dismissing five appeals being ITA No.1948 to 1952 of 1999-2000 in respect of assessment for five assessment years 1993-94 to 1997-98. 2. As the assessee was the same in all the above re..Category: Fiscal/Taxation Law | Date: 12 Dec, 2007 | Hits: 5
Md. Mokter Hossain Khan Vs. State, 2007, 36 CLC (AD)
.... Abdur Rouf, Deputy Attorney General-For the Respondents. Jail Appeal No.01 of 2006. Judgment Md. Joynul Abedin J. - This appeal by leave is directed against the judgment and order dated 05.05.2004 passed by the High Court Division in Death Reference Case No.09 of 2002 referred by...... find good deal of force in the points argued by the learned Advocate for the petitioner. The appeal is accordingly allowed. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 16. ...... never shifted on the condemned-petitioner in the absence of any proof beyond reasonable doubt that he was present in the occurrence house when the occurrence took place. It is all the more difficult for the prosecution to press section 106 into service when the petitioner was also prosecuted for th..Category: Evidence Law | Date: 9 Dec, 2007 | Hits: 10
Fairdeal Marine Services, Fujairah, U.A.E Vs. M.V. PELEAS K and others, 2007, 36 CLC (HCD)
....vour of the Plaintiff and against the Principal Defendants, the Court ordered on the Plaintiffs entitlement to recover the decretal amount by encashment of the Bank Guarantee bearing No.864/CG9900107 dated 24.3.1999 issued by the Standard Chartered Bank, 20 Motijheel, C/A, Dhaka. There has also been......orward to pay the balance decretal amount in spite of the receipt of the Summons of this Court in connection with the Execution Case. The prayer in the application is for the issuance of a show cause notice upon the Opposite Party No.5 as to why it shall not be directed to pay the said balance decre...... For the Opposite Party Nos.1-3. Execution Case No.02 of 2005. Judgment Syed Refaat Ahmed J.- This Execution Case arises out of Admiralty Suit No.37 of 1999 that was filed on 21.3.1999 for recovery of the outstanding payment of a bunker bill for an amount of Tk. 19,70,000.00, includin..Category: Admiralty Law or Maritime Law | Date: 6 Dec, 2007 | Hits: 19
Manzill Murshid and 6 others Vs. Bangladesh and another, 2007, 36 CLC (HCD)
.... in every December order of orders and/or such other or further order or orders that may be passed as this Court may seem fit and proper. The Rule is made returnable within 2(two) weeks from date” ৩। জনাব মনজিল মোরসেদ, এ্যাডভোকে......অত্র রুলটি খরচা ব্যতিরেকে এ্যাবসলিউট করা ইইল। Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 94. ......রদান করিবার আবেদন করিয়া অত্র রীট মোকাদ্দমাটি দায়ের করা হইয়াছে। Human Right and Peace for Bangladesh নামক সংস্থার সভাপতি এ্যাডভোকেট ..Category: Others | Date: 2 Dec, 2007 | Hits: 7
....with Kazi Zinat Huq, Assistant Attorney-General-For the Respondents.
Writ Petition No.2082 of 2002.
Judgment
Mohammad Abdur Rashid J.- The above Rule NISI was obtained against an order dated 15.04.02 passed by respondent No.1, the Customs, Excise and VAT Appellate Tribunal in Nothi No......ner submitted a representation to the Member (VAT) of the National Board of Revenue for adjustment of the aforesaid input VAT. As the petitioner received no reply, it was constrained to serve a legal notice dated 26.04.01 upon said respondent No.2 demanding justice for early disposal of the prayer. ......o have got only fully automated and continuous process glass container and glass bulb shells manufacturing plant specially built to meet the glass bottles requirement of the pharmaceutical industries for life-saving drugs and medicines and other industries using bottles and jars, such as insecticide..
Category: Fiscal/Taxation Law | Date: 26 Nov, 2007 | Hits: 9
Mrs. Zakia Doha Vs. Rajdhani Unnayan Kartipakha, 2007, 36 CLC (HCD)
....d Writ Petition No.5721 of 1997. Judgment Moyeenul Islam Chowdhury J.-In Writ Petition No.2603 of 2000, a Rule Nisi was issued upon the respondents as to why the impugned judgment and order dated 25.11.19.96 (Annexure-J) passed by the 1st Court of Settlement, Segun Bagicha, Dhaka (responde......eclared to have been passed without lawful authority and to be of no legal effect. 2. In Writ Petition No.1042 of 2001, a Rule Nisi was issued upon the respondents as to why the impugned auction notice dated 16.03.2001 (Annexure-K) published by the respondent No.1 RAJUK so far it relates to the......spondents as to why the impugned judgment and order dated 25.11.19.96 (Annexure-J) passed by the 1st Court of Settlement, Segun Bagicha, Dhaka (respondent No.1) rejecting the prayer of the petitioner for release of the property situated at NER-14, Road No.84, Gulshan, Dhaka from the 'Ka' lis..Category: Abandoned Properties Law | Date: 15 Nov, 2007 | Hits: 6
Md. Farid Hossain Vs. State, 2007, 36 CLC (HCD)
....Respondent. Criminal Appeal No.3038 of 2006. Judgment Khondker Musa Khaled J.-This Criminal Appeal under section 30 of the Special Powers Act, 1974, is directed against the order dated 29.6.2006 passed by the learned Judge of the Metropolitan Special Tribunal no.7, Dhaka in Met......s the privilege of bail at any stage of the trial. Send a copy of the judgment to the Court below at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 209. ......ment September 26, 2007. Result: The appeal is allowed. The Code of Criminal Procedure, 1898 (Act No. V of 1898); section 339C (4) There is specified period i.e. 360 days, for concluding trial of a criminal case under section 339C (4) of the Code of Criminal Procedure...Category: Criminal Law | Date: 26 Sep, 2007 | Hits: 7
....he writ petition. On 15.11.07 the application was ordered for hearing on 17.11.05 and the above Rule was issued as aforesaid. Ultimately, the application was ordered to be kept with the file by order dated 27.11.05.
6. Then, said respondent No.1 on 07.05.07 submitted an affidavit-in-opposition to......ent. It was again retreated that before the goods could be assessed to duty the petitioner moved this Division and first, obtained the release order and then, the Rule.
7. It also annexed a demand notice dated 16.11.05 for aforesaid taka 6,42,62,862.42 under section 32 of the Customs Act, 1969 an......2005.
Judgment
Mohammad Abdur Rashid J.- In the above Rule Nisi legality of three CRF certificates issued on 20.10.05 in respect of the imported sugar was challenged and a direction was sought for assessment of said goods on the basis of invoice value as normal/ transaction value.
2. The p..
Category: Fiscal/Taxation Law | Date: 17 Sep, 2007 | Hits: 66
Salima Akter Niluma Banu Vs. Shahin Shakhider and others, 2007, 36 CLC (HCD)
....hy;cate- For the Opposite Parties. Civil Revision No.2152 of 2005. Judgment Syed Md. Ziaul Karim J.- This Rule, calls in question, the legality and propriety of the judgment and decree dated 27-04-2005 passed by the learned District Judge, Joypurhat, in O.C. Appeal No.1 of 2005 affirm......6(six) months from the date of receipt of this judgment and order. Send down the records of this case at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 140. ......his Rule, are that on 01-07-2004 the petitioner as plaintiff instituted Other Class Suit no.58 of 2004 in the Court of Senior Assistant Judge, Joypurhat, impleading the opposite parties as defendants for permanent injunction, restraining the defendant Nos.1-3 from giving allotment to defendant ..Category: Civil Law | Date: 12 Sep, 2007 | Hits: 3
M. A. Jaher and others Vs. Sonali Bank and others, 2007, 36 CLC (HCD)
.... the Petitioners. Asad Hossain Chowdhury, Advocate - For the respondent No.1-2. Writ Petition No.6067 of 2004. Judgment Md. Abu Tariq J.- This rule has arisen out of order No.49 dated 16.6.2004 issuing warrant of arrest against the writ petitioners passed by the Artha Rin Adal......r before the Artha Rin Adalat concerned within 30 days from the date of receipt of the copy of this judgment by that Adalat. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 64. ......f order No.49 dated 16.6.2004 issuing warrant of arrest against the writ petitioners passed by the Artha Rin Adalat No.1, Bhola in Artha Rin Execution Case No.6 of 2001. 2. The facts relevant for disposal of this rule, in short, are that the respondent No.1, Sonali Bank, Bhola Branch filed ..Category: Civil Law | Date: 11 Sep, 2007 | Hits: 6
Nazir Hossain (Md.) Vs. Zubaed Md. Adel and others, 2007, 36 CLC (HCD)
.... Judgment Sharifuddin Chaklader J.- This Rule, at the instance of the informant, under section 439 of the Code of Criminal Procedure, directing against the judgment and order of acquittal dated 31-7-2003 passed by the learned Metropolitan Additional Sessions Judge, 1st Court, Dhaka acqu......7-2003. In the result, this Rule is discharged. Communicate this order at once. Send down the lower Court records. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 849. ......te Parties. Syed Haider Ali, Deputy Attorney-General - For the State. Criminal Revision No.1333 of 2003. Judgment Sharifuddin Chaklader J.- This Rule, at the instance of the informant, under section 439 of the Code of Criminal Procedure, directing against the judgment and or..Category: Criminal Law | Date: 5 Sep, 2007 | Hits: 8
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