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Sunirmal Chaudhuri Vs. Registrar of Joint Stock Companies & Firms, 2008, 37 CLC (HCD)
.... register the amendment copy of the Memorandum of Association of the Company within 90 (Ninety) days of the drawing up of this Order. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 432. ......Nutrition and Chemical Manufacturers as otherwise specified in the existing Sub-Clause No.1 of the MOA (Annexure-'A') deemed it prudent to expand its activities into new areas of business both with a view to attain its main objectives and purposes by new and improved means as well as to carry on its..Category: Company Law | Date: 12 Feb, 2008 | Hits: 123
Sefina Ferdousi @ Shimla and another Vs. Jaohar Kabir and others, 2008, 37 CLC (HCD)
....wer Court's Record to the Courts below at once. Communicate the judgment to the Courts below immediately. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 434; 61 DLR (HCD) (2009) 86. ......ers right to visit the child seems to me to be a fair and reasonable order. However, the parties are at liberty to go for any arrangement extending that time of visit on mutual arrangement. 28. In view of the discussion made hereinabove, this Court is of this considered view that this Rule got no..Category: Women and Children | Date: 3 Feb, 2008 | Hits: 142
Abdul Latif (Md.) Vs. Mohammad Ali, 2008, 37 CLC (HCD)
....rts below stand maintained. Send down the lower Court records and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 804. ......not essential. In such a case, expressions of general agreement with those of the trial Court are generally considered sufficient. It is not the duty of the appellate Court when it agrees with the view of the trial Court on the evidence either to restate the effect of the evidence or to reiterat..Category: Property Law | Date: 28 Jan, 2008 | Hits: 31
Ilias (Md.) Vs. Md. Zahed Chowdhury (Paban), 2008, 37 CLC (HCD)
....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. ......the interest of the defendants and thus to dispense even-handed justice to the parties to the suit and so we find rationale in the exception taken by Mr. Farooqui as noted hereinbefore. We are of the view that the order dated 30-6-1998 passed by the learned Subordinate Judge was self-executor and it..Category: Procedural Law | Date: 28 Jan, 2008 | Hits: 210
Nabab Khan Vs. Commissioner of Taxes, 2008, 37 CLC (HCD)
....00 under section 83(2) of the Ordinance. Upon such findings, he set aside the assessment for being barred by limitation. The Taxes Appellate Tribunal also by its order dated 27- 3-2001 upheld such erroneous order. 17. For the reasons aforesaid, the earlier decision of the Appellate Tribunal......erence with our answer to the question in the affirmative for the Revenue Department and against the assesses. No cost. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 397. ..Category: Fiscal/Taxation Law | Date: 22 Jan, 2008 | Hits: 13
Sultana Hashem Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
....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. ...... of the Special Powers Act, 1974 reads thus; 3. Power to make orders detaining or removing certain persons: (1) The Government may, if satisfied with respect to any person that with a view to preventing him from doing any prejudicial act it is necessary so to do, make an order- ..Category: Criminal Law | Date: 21 Jan, 2008 | Hits: 10
Mostafa alias Masta Vs. State, 2008, 37 CLC (HCD)
....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. ......he circumstances of the acts and their result for the purpose of gauging natural probabilities. When all the averments and natural course of human conduct and probability of the case lead to hold a view that the prosecution is not telling the truth, the benefit of doubt must be given to the accuse..Category: Women and Children | Date: 16 Jan, 2008 | Hits: 27
Md. Amin-Ullah, Advocate and another Vs. Bangladesh and others, 2008, 37 CLC (HCD)
.... rule is discharged without any order as to cost. The order of injunction granted at the time of issuance of the rule stands vacated. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 264. ......ion, it appears to us that in the Writ petition the petitioners made sole grievance against the respondent No.3, Chairman, Rajuk to implement the Government decisions as we have noticed above. So, in view of the above quoted uniform decisions of our Apex Court we are led to hold that the contention ..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)
....ted. Artha Rin Adalat No.3, Dhaka is directed to dispose of the suit expeditiously. Communicate the Judgment at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 513. ...... and circumstances of that case and the present one are quite distinguishable. Therefore, the said decisions are not applicable to the instant Rule and the Rule is liable to be discharged. 7. In view of the above submissions forwarded by the learned Advocates for the contending parties, the moo..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)
....llate Court and also the trial Court without applying their judicial mind and without proper assessment of the evidence on record and also the legal point involved in this case came to a wrong and erroneous finding in dismissing the suit of the plaintiff. Next, the learned Counsel submits that t......the suit property in the census report of the vested property and the plaintiffs led some evidence in support of their interest in the suit property the appellate Court decreed the suit on correct view of law. 11. The lower appellate Court as well as the trial Court committed serious error ..Category: Property Law | Date: 7 Jan, 2008 | Hits: 9
Durga Prasad Singh Hazari Vs. Commissioner of Taxes, 2007, 36 CLC (HCD)
....e Tribunal though found that under Mitakshara school of Hindu law, son becomes equal owner of the property by birth with his father unlike Dayabhaga or Muslim law but ultimately held, of course, most erroneously that the Ordinance shall override the Hindu law particularly Mitakshara Hindu law, which......, he submitted his income tax return for the assessment year 1997-98 claiming income of taka 98,380.00 on basis of self-assessment. 4. In all the cases, the Deputy Commissioner of Taxes was of the view that the assessee was the head of an undivided Hindu family and that he submitted separate inco..Category: Fiscal/Taxation Law | Date: 12 Dec, 2007 | Hits: 5
Abu Safa (Md.) Vs. Abdul Momen Chowdhury, 2007, 36 CLC (AD)
....ppeal was filed by using fabricated and non-genuine papers and for non-compliance of the court's order dated November 28, 2007. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 17. ......e-on-Record and other materials attached thereto. The statements made in the affidavit and the papers attached thereto have no relevantly to the context of this court's order dated 28-11-2007. In view of the nature and kind of statements made in the affidavit and papers attached to the affida..Category: Procedural Law | Date: 11 Dec, 2007 | Hits: 7
Fairdeal Marine Services, Fujairah, U.A.E Vs. M.V. PELEAS K and others, 2007, 36 CLC (HCD)
....mentioned and specified in Schedule 'A' to the application is hereby necessarily recalled and vacated. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 17. ...... 1999 is within the jurisdiction vested in the Admiralty Court under Section 5 of the Admiralty Court Act, 1861 or not. 9. On a clear reading of Section 5 of the Act of 1861 this Court is of the view that the judgment passed in decreeing the said Admiralty Suit against the defendants ex parte c..Category: Admiralty Law or Maritime Law | Date: 6 Dec, 2007 | Hits: 19
AKM Reazul Islam and others Vs. State, 2007, 36 CLC (HCD)
....o.1, Lalpur, Natore to the satisfaction of the learned Chief Judicial Magistrate, Natore. Communicate this order at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 111. ......s. 16. Since the matters involve an important question as regards granting of bail by this Court under the Rules, 2007, we invited Mr. MA Malek, learned Senior Advocate, as Amicus Curiae for his views. The learned Amicus Curiae submits that the Emergency Rules is against the spirit of the funda..Category: Anti-Corruption Laws | Date: 3 Dec, 2007 | Hits: 139
Mainul Alam Vs. Anjera Begum, 2007, 36 CLC (HCD)
....ited and until and unless it comes within the four corners of the ingredients specified in Order XLVII, rule 1 of the Code of Civil Procedure, no judgment can be reviewed to correct any mistake or erroneous decision by taking the power of the appellate Court…………….(4) Lawyers Inv......in Ahmed J Mainul Alam..........................Petitioner Vs. Anjera Begum............................Opposite Party Judgment November 27, 2007. Result: The review petition is allowed. The Code of Civil Procedure, 1898 (Act No. V of 1898) Ord..Category: Procedural Law | Date: 27 Nov, 2007 | Hits: 2
....78,40,997.85 by crediting the sum to the Current Account of the petitioner.
Send down the lower court's record at once.
Ed.
This Case is also Reported in: 28 BLD (HCD) (2008) 18.
...... taka 122.916 million. The company was duly registered with the VAT authority.
4. The company decided to expand the existing capacity its furnace from 22 square meters to 24 square meters with a view to increase the melting capacity of the furnace from 45 metric tons to 64 metric tons per 24 ho..
Category: Fiscal/Taxation Law | Date: 26 Nov, 2007 | Hits: 9
Mrs. Zakia Doha Vs. Rajdhani Unnayan Kartipakha, 2007, 36 CLC (HCD)
....hout any order as to costs. 40. Let the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 254. ......ab the property by creating and ante-dating some forged documents. Besides, the alleged gift of the case property in favour of the petitioner by her elder sister Mrs. Atia Siddiqui is illegal in view of the provisions of Clause 23 of the deed of lease. The Government has been possessing th..Category: Abandoned Properties Law | Date: 15 Nov, 2007 | Hits: 6
Fazlu Alias Fazla Vs. State, 2007, 36 CLC (HCD)
....et at liberty forthwith if not wanted in connection with any other case. Sent down the lower court's record at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 659. ...... the same examination was done on 22-8-1998 after 15 days of the alleged occurrence on 23-7-1998. On careful consideration of the above statements of the P.Ws. with contradictions we are of the view that the prosecution hopelessly failed to prove its case beyond reasonable doubt. The appeal ..Category: Women and Children | Date: 5 Nov, 2007 | Hits: 14
Md. Farid Hossain Vs. State, 2007, 36 CLC (HCD)
....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. ......se keeping the accused appellant in custody. 6. In the case of Manjurul Hoque @ Monju Vs. The State, reported in 14 BLD 604, their lordships have given the following observation: "In view of the amended provision of Section 339C by the Act No.42 of 1992, when the trial of a case c..Category: Criminal Law | Date: 26 Sep, 2007 | Hits: 7
Muktijoddha Bahumukhi Samabaya Samity Vs. Bangladesh and others, 2007, 36 CLC (HCD)
.... জারীকৃত রুলটি খরচা ব্যতিরেকে এ্যাবসলিউট করা হইল। Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 418. ......respondents are not allotting the same. He adds that the activities of the respondents in not allotting the shop as per Rule and notification are without lawful authority. He lastly submits that in view of the provisions laid down in the Rule 4(1)(kha) of the উপ-আইনমালা-২০০..Category: Civil Law | Date: 20 Sep, 2007 | Hits: 43
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