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....‑operative society;
or
(d) any other co‑operative society, or liquidator of such society".
6. From the plain reading of the aforesaid section it does appear that the dispute touching the business or affairs of a Co‑operative Society or of the liquidator of a society is referable to th......ed..............................................Opposite Party
Judgment
July 6, 2000.
Result:
The Rule is discharged.
Cases Referred to-
Secretary of State represented by the Collector of South Acrot Vs. Mask & Co., 44 CWN 709 (Privy Council); Rafiqul Alam (Md.) Vs. Mustafa Kam......o substance in this Rule. The Rule is accordingly, discharged without any order as to costs.
Stay granted by this Court stands vacated.
Ed.
This Case is also Reported in: 55 DLR (2003) 409.
......o substance in this Rule. The Rule is accordingly, discharged without any order as to costs.
Stay granted by this Court stands vacated.
Ed.
This Case is also Reported in: 55 DLR (2003) 409.
..
Category: Procedural Law | Date: | Hits: 124
Global Access Ltd. Vs. Bangladesh and others, 2003, 32 CLC (HCD)
.... decision taken by the Board of Directors of the Security Printing Corporation (Bangladesh) Limited. In a case reported in 46 DLR 552 it was held that the Government while doing commercial or trading business through a company, does not function as a department or organ of the government in its admi......d. Cases Referred to- AIR 1996 SC 11 Tata Callular Vs. Union of India; Ekushey Television Ltd. and others Vs. Dr. Chowdhury Mahmood Hasan and others, 2002 BLD (AD) 163=54 DLR (AD) 130; Hyundai Corporation Vs. Simiking busam, 54 DLR (AD) 88. Lawyers Involved: Tawfique Nawaz with Muhammad ......ent Nos. 3‑5. Writ Petition No. 7370 of 2002. Judgment Salma Masud Chowdhury J.- This Rule Nisi was issued calling upon the respondents to show cause as to why the contract to supply and incorporate a Convert-Overt Featured Foil with Applicator Machine for the Cigarette Stamp and Band sig......ty. So, we do not find anything which can be considered as mala fide. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 433...Category: Others | Date: | Hits: 174
Sekandar Spinning Mills Ltd. Vs. Commissioner, Customs Excise and VAT and others, 2011, 40 CLC (HCD)
....ter of the petitioner company. 2. Briefly the facts of the case are that, the petitioner is a private limited company incorporated under the Companies Act, 1913. The petitioner is engaged in the business of producing cotton of different counts and part of them are exported and the remaining a...... and others………………Respondent Judgment February 9, 2011. Result: The Rule is made absolute. Lawyers Involved: Tanim Hussain Shawon with Abdullah Mahmood Hasan, Advocate - For the Petitioner. SM Moniruzzaman, Assistant Attorney-General - For the Respondent. Writ Peti......be directed to re-adjust the said amount of Taka 10,90,585 in the VAT Register of the petitioner company. 2. Briefly the facts of the case are that, the petitioner is a private limited company incorporated under the Companies Act, 1913. The petitioner is engaged in the business of producing cot......ect. The respondent is hereby directed to re-adjust the amount of Taka 10,90,585 in the VAT Register of the petitioner company at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 272...Category: Fiscal/Taxation Law | Date: | Hits: 196
State Vs. Abul Khair & 2 others, 1992, 21 CLC (HCD)
.... while appellant Mainuddin was posted as Havilder in the same unit at Comilla Cantonment. The other appellant, Mosharraf Hossain, though earlier served in the same unit of the Army was then running a business at Dhaka. According to the prosecution case, on that fateful morning all of them came toget......32 of 1988 are dismissed. Death Reference No.1 of 1985 is accepted. Cases Referred to- Tukaram Ganpat Pandare Vs. State of Maharashtra, AIR 1974 SC 514; Barendra Kumar Ghosh Vs. King Emperor, AIR 1925 PC 1. Lawyers Involved: Ahmed Ali, Advocate, for the appellants (In both th......Reference No. 1 of 1985 accepted as per judgments delivered by my learned brothers, Md. Abdur Rouf and Syed Fazle Ahmed, JJ. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 284. ......Reference No. 1 of 1985 accepted as per judgments delivered by my learned brothers, Md. Abdur Rouf and Syed Fazle Ahmed, JJ. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 284. ..Category: Criminal Law | Date: | Hits: 116
Abdul Kabir Vs. State, 1998, 27 CLC (HCD)
.... to check the “persistent tendency to amass property by dishonest means on the part of public servants and other persons.” Corrupt and dishonest means may be adopted by a private person such as a businessman to amass property. It is common knowledge that some persons connected with business reso......4 BLT (AD) 58; Mostafizur Rahman Vs. Bangladesh, 49 DLR 599; Santosh Bhusan Das Vs. State, 4 BLT (AD) 58. Lawyers Involved: Not Represented- the Petitioner. Munsurul Hoque Chowdhury Deputy Attorney-General with Mushfiqur Rahman, Assistant Attorney-General - For the State. Criminal Revisio......ic servants for possessing property disproportionate to their known sources of income including person abetting with their such offences, it cannot be said that sections 4 and 5 in the new Act were incorporated again to try and punish only the public servants and other persons connected or concerned......sh the proceedings of that case. In the result, the Rule is discharged. Communicate the order to the Magistrate concerned at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 306. ..Category: Criminal Law | Date: | Hits: 109
MJL Bangladesh Ltd. Vs. Commissioner, Customs Excise and VAT and others, 2010, 39 CLC (HCD)
....ted to the VAT payee including its name. In elaborating his argument the learned Senior counsel submits that the respondents unreasonably refused to accept the petitioner's altered name for which the business of the petitioner is being seriously hampered due to duel name of the company and therefore......ent given in Annexure-'Z' of the supplementary affidavit dated 25-7-2010 forthwith. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 257. ......by the VAT authority in its entirety as per statement given in Annexure-'Z' of the supplementary affidavit dated 25-7-2010 forthwith. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 257. ......by the VAT authority in its entirety as per statement given in Annexure-'Z' of the supplementary affidavit dated 25-7-2010 forthwith. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 257. ..Category: Fiscal/Taxation Law | Date: | Hits: 269
Hamida Begum Chowdhury Vs. Ahamad Hossain Khan and others, 1997, 26 CLC (HCD)
....ppellant agreed to execute a second agreement of sale and refunded Taka 1,20,000.00 to the plaintiff-respondent from the earnest money she received. This does not happen in normal and usual course of business. It cannot be believed that the defendant-appellant while agreeing to execute the second sa......91 is dismissed. Cases Referred to- 6 BLD (AD) 231; 1984 BCR (AD) 127; 2 CLC (Voiwne-2) 1983 Karachi page 1085. Lawyers Involved: Bhabesh Chandra Ghosh, with Md. Nazrul Islam Advocates - For the Appellant. Mahmudul Islam, with Shirin Ahmed Choudhury, Advocates - For the Respondents. ......e Appeal is allowed and the impugned judgment and decree dated 28-9-95 passed in Title Suit No.201 of 1991 is dismissed without cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 276. ......e Appeal is allowed and the impugned judgment and decree dated 28-9-95 passed in Title Suit No.201 of 1991 is dismissed without cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 276. ..Category: Civil Law | Date: | Hits: 148
.... by a notification No. Sec. 28/65/EPS/125 dated 6-10-1965 and the same was taken over by the then East Pakistan Small Industries Corporation, Dhaka and they are authorised to carry on the Glass Works business by notification dated 8-10-1965 and lastly, the said Glass Works were made over to the Bang......998.
Result:
The Rule is made absolute.
Case Referred to-
Shuk Deb & another Vs. Province of East Pakistan, 22 DLR 245.
Lawyers Involved:
MI Faruque with Salimullah, Advocate - For the Petitioners.
AFM Shahid, Deputy Attorney-General - For Respondent Nos. 1-3.
AF Hasan A......stered without any lawful authority and is of no legal effect so far it relates to the property of deed of Endowment dated 25-9-1903.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 273.
......stered without any lawful authority and is of no legal effect so far it relates to the property of deed of Endowment dated 25-9-1903.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 273.
..
Category: Property Law | Date: | Hits: 85
Monjurur Rahman (Md.) Vs. Dr. Naimur Rahman, 1998, 27 CLC (HCD)
.... there was an oral agreement between the two brothers that residential house would be constructed in the land of the schedule ‘B’ out of the joint fund of the two brothers coming from their joint business, namely, two tea gardens named Rema Tea Company and Sahabajpur Tea Company and a Jute Mills...... Vs. Dr. Naimur Rahman………………………Respondent Judgment February 12, 1998. Result: The appeal is dismissed. Lawyers Involved: Khandakar Mahabubuddin Ahmed with SR Khorshnabish, M Hasan, Advocates - For the Appellant. Habibul Islam Bhuiyan with SM Rezaul Karim, A......t, the appeal is dismissed. The Judgment and decree passed by the Court below is upheld. Parties are directed to bear their own cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 266. ......t, the appeal is dismissed. The Judgment and decree passed by the Court below is upheld. Parties are directed to bear their own cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 266. ..Category: Property Law | Date: | Hits: 109
Solaiman (Md.) Vs. State and another, 2010, 39 CLC (HCD)
....he above CR case in the Court of Chief Metropolitan Magistrate, Chittagong on 30-4-2007 stating, inter alia, that on 8-10-2006 the petitioner-accused Md. Solaiman took Taka 12,00,000 from her for his business purpose on the condition that he would return the money within a month. After expiry of tha...... to- Nizam Uddin Mahmood Vs. Abdul Hamid, 60 DLR (AD) 195; Sattya Narayan Podder Vs. State, 53 DLR 403; Abdur Rahman Vs. Muklis Ali, 31 DLR (AD) 118. Lawyers Involved: ZBM Hasan, Advocate - For the Petitioner. AKM Foez, HS Deb Barman and Khan Md. Peer-e-Azam Akmal, Advocates - For the Op......ection with the Rule stands vacated. Send a copy of this Judgment and order to the Court below for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 385.......ection with the Rule stands vacated. Send a copy of this Judgment and order to the Court below for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 385...Category: Criminal Law | Date: | Hits: 75
Abdul Malek Vs. District Co-operative Officer, Cox’s Bazar and others, 1997, 26 CLC (HCD)
....s the lessor of various projects including the Shrimp Cultivation Project outside the WAPDA embankment of Block No.2 at Koinkhali in the district of Cox’s Bazar; that the said Samity carries on its business activities, inter alia, by leasing out shrimp cultivation project on yearly basis. On 14-1-......ourt Division (Special Original Jurisdiction) Present: Md. Ruhul Amin J Zakir Ahmed J Abdul Malek………………Petitioner Vs. District Co-operative Officer, Cox’s Bazar and ors…………………Respondents Judgment April 9, 1997. Result: The Rule is made abs......en made without lawful authority and is of no legal effect. In the facts and circumstances of the case there no order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 426. ......en made without lawful authority and is of no legal effect. In the facts and circumstances of the case there no order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 426. ..Category: Civil Law | Date: | Hits: 128
Mahboob Uddin Ahmed Vs. Bangladesh Election Commissioner, and others, 1998, 27 CLC (HCD)
....pondent No.1 Bangladesh Election Commission at once addressing it to the Chief Election Commissioner, Bangladesh Election Commission. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 417. ....... State of Bihar and others, AIR 1995 (SC) 161; Anower Hossain’s case, 41 DLR (AD) 165. Lawyers Involved: AF Hasan Ariff with Zakir Hossain Munshi, Syed Golam Masud and ZA Mamun, Advocates - For the Petitioner. Rafiq-Ul Huq, AR Yousuf, M Nurullah and Mahmudul Islam—Amicus curiae. Wri......pondent No.1 Bangladesh Election Commission at once addressing it to the Chief Election Commissioner, Bangladesh Election Commission. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 417. ......o the Election Commission. It is true that the Tribunal, as the machinery for adjudication of the election disputes, has been set out by the Election Commission, yet the Tribunals are not subordinate bodies to the Election Commission. Their jurisdiction is drawn from Article 125(b) of the Constituti..Category: Election Law | Date: | Hits: 162
....or employees formed primarily for the purpose of regulating the relations between workmen and employers or workmen and employees, or for imposing restrictive conditions on the conduct of any trade or business and includes a federation of two or more trade unions: (The emphasis added)
According t......s to costs.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 265.
......eason to quash the judgment and order impeached in this writ petition.
The result is: we discharge the Rule. No order as to costs.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 265.
......eason to quash the judgment and order impeached in this writ petition.
The result is: we discharge the Rule. No order as to costs.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 265.
..
Category: Labour and Industrial Law | Date: | Hits: 171
Rehana Ahmed and others Vs. Nahar Shipping Lines Limited, 1990, 19 CLC (HCD)
....ares as far as possible the ratio of 70:30 was maintained. The newly issued shares were also mortgaged with BSRS and JCB. 7. After the purchase of two coastal vessels in 1980 the company went into business. it is alleged that respondent No.2 with the active help of his family members started look......n (Original Civil Jurisdiction) Present: Mozammel Hoque J Rehana Ahmed and others................Petitioners Vs. Nahar Shipping Lines Limited, Red Cross, Chamber Building (4th floor) 87, Motijheel Commercial Area, Dhaka and others ..............Respondent Judgment July 17,......rs and the ratio in the paid up share capital should always remain as 70% for‑respondent No.2 and or his family members and 30% to Md. Ashraf Ahmed and or his family members. The said company was incorporated with 5,000 paid up shares of Tk. 10000 each and the said shares were issued in the follow......pplication is dismissed, but without any order as to costs. The restrictive orders and undertaking passed and given are hereby vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 256...Category: Company Law | Date: | Hits: 233
Humayun Hossain Khan Vs. Bangladesh & others, 2011, 40 CLC (HCD)
....not be said that the principle of equity has been violated in the instant case buy the Artha Rin Adalat in passing the impugned Order. The plaintiff-bank, as it appears while carrying out its banking business advanced loan to the appellant which he failed to repay giving cause of action to it to fil...... Vs. Bangladesh & others………………………………….Respondent Judgment October 20, 2011. Result: This appeal is dismissed. Lawyers Involved: M Amir-ul Islam, Senior Advocate instructed by Md. Aftab Hossain, Advocate-on-Record—For the Appellant. Mamunur Rash......iscretion given to it by section 47 of the Ain, 2003. With the above observations this appeal is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 88, 18 MLR (AD) (2013) 5. ......iscretion given to it by section 47 of the Ain, 2003. With the above observations this appeal is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 88, 18 MLR (AD) (2013) 5. ..Category: Civil Law | Date: | Hits: 138
Naimuddin Molla and others Vs. Ibrahim Molla and others, 2008, 37 CLC (HCD)
....evidence, inasmuch as, the appellate Court did not consider that the alleged executants of the Bainapatra, the defendant No.1 Naimuddin Mollah, was an admittedly landless person, having no reasonable business to keep a stamp paper with him for 16 years. The opinion of the appellate Court is nothing ......Vs. Al-haj Arian Ali, 47 DLR (AD) 48; Biplob Chandra Das Vs. Biren Chandra Das, 52 DLR 586; Ali Mondol Vs. Jamjini Kanta Dey, 1987 BLD (AD) 156. Lawyers Involved: Md. Jahangir Alam, Advocate - For the Petitioners. Shisir Kanti Majumder, Advocate - For the Opposite Parties. Civil Revision...... However, there shall be no order as to costs. Let a copy of the Judgment along with LCR be sent down to the Courts below at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 369. ...... However, there shall be no order as to costs. Let a copy of the Judgment along with LCR be sent down to the Courts below at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 369. ..Category: Procedural Law | Date: | Hits: 120
Mahamudur Rahman Vs. Md. Matiur Rahman, 2006, 35 CLC (HCD)
.... statement it appears that the said transaction was made under an agreement and the narration of fact in the first information report indicates also breach of terms of the agreement had crept up from business transaction. It also appears from the first information report that considerable amount, th...............Opposite Parties Judgment January 25, 2006. Result: The Rule is made absolute. Cases Referred to- Dewan Obaidur Rahman Vs. State, 1999 BLD (AD) 128 = 4 BLC (AD) 167; Solicitor, Government of Bangladesh Vs. AT Mridha, 26 DLR (SC) 17; Sultan Ahmed Vs. State, 37 DLR 185; Maqs...... absolute. The proceeding of GR Case No.3735 of 2002 pending in the Court of learned Chief Metropolitan Magistrate, Dhaka is quashed. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 367. ...... absolute. The proceeding of GR Case No.3735 of 2002 pending in the Court of learned Chief Metropolitan Magistrate, Dhaka is quashed. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 367. ..Category: Criminal Law | Date: | Hits: 87
Anwar Hossain Khan Vs. Speaker of Bangladesh Sangsad Bhavan and others, 1994, 23 CLC (HCD)
....n of the Court and g) that direction to refund the emoluments, salary, allowance and other benefits they have received, taken or obtained cannot be issued as the same are within the transaction of business which are internal proceeding of the Parliament. 13. That the petition is not maintainab......oasett, 12 QBD 273; Fazlul Kader Chowdhury Vs. Abdul Huq, PLD 1963 (SC) 486. Lawyers Involved: Asrarul Hossain with Mohammad Ali, Abu Bakar Siddique and Md. Humayun Kabir Bulbul, Advocates ‑ For the Petitioner. KS Nabi with SS Halder, Zakir Ahmed and Ahmed Ali, Advocates ‑ For the Respo......taker Government which is not supported by the major parties and, as such, could not become a part of the 12th Amendment of the Constitution. It is emphatically asserted that this provision must be incorporated into the Constitution so that this issue can be resolved once and for all. It is stated t...... absentee members of the parliament without leave of the Parliament is recoverable by appropriate authority upon the processes of law. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 42. ..Category: Constitutional Law | Date: | Hits: 344
State Vs. Mohammad Salim, 2010, 39 CLC (HCD)
....time after he came out and fell down on the ground and they found Asha lying on the floor with cut throat. 13. In cross-examination he stated that he knew accused Salim who used to deal in grocery business. He further said he did not know whether the accused used to stay in the house of the victi.......Petitioner Vs. Mohammad Salim ……………………Condemned Prisoner Judgment January 18, 2010. Result: The Death Reference is accepted. Cases Referred to- Vasant Laxman More Vs. State of Maharashtra, AIR 1974 (SC) 1697; Sheikh Ayub Vs. State of Maharashtra, AIR 1998 (SC......005 is accordingly disposed of. Let the lower Court's records along with a copy of this judgment be transmitted to the trial Court. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 99. ......005 is accordingly disposed of. Let the lower Court's records along with a copy of this judgment be transmitted to the trial Court. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 99. ..Category: Criminal Law | Date: | Hits: 118
One Bank Ltd. Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
.... Rule Nisi, in brief, are: The petitioner is a public limited company by shares and registered under the Companies Act, 1994. The petitioner-company was granted the certificate for commencement of business by the Registrar of Joint Stock Companies and also granted the licence for commencing banki......pondents Judgment May 28, 2009. Result: The Rule is discharged. Cases Referred to- Ghulam Zamin Vs. AB Khondkar, 16 DLR 486. Lawyers Involved: Syed Mahmudul Ahsan, Advocate - For the Petitioner. Mahmudul Islam with Probir Neogi, Advocates - For the Respondent No. 3. Moi......pondence has been accepted to be correct and lawful by the petitioner and, as such, it cannot escape legal consequences to follow for their non-compliance of SEC's instructions in time. The prayer, incorporated in the Writ Petition, at least in respect of the notice for showing cause is totally misc...... granted at the time of issuance of the Rule and extended subsequently is hereby recalled and vacated. There is no order as to costs. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 91...Category: Business or Commercial Law | Date: | Hits: 237
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