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Bangladesh Vs. Md. Alauddin alias Alauddin Sarker others, 1986, 15 CLC (AD)
....rder of the High Court Division is set aside and that of the Subordinate Judge and the trial court is restored. No order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 81. ......h was "a non-statutory company registered under the Companies Act". The employees of this plant do not hold any civil posts under the government. It was contended on behalf of the appellant that 100% shares of the company were owned by the President of India and his two secretaries and no private in..Category: Employment/Service Law | Date: | Hits: 124
Ellal Textile Mills Ltd. & others Vs. Md. Abdul Awal & others, 1984, 13 CLC (AD)
.... that two separate petitions, if so advised, be filed and heard analogously by the same court. There will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 26. ......nagement of the company and no dividend was paid to the heirs of late M. A. Jalil nor has given them any notice of the meeting of the company or of the Board of Directors. It is alleged that the 1700 shares have been allotted to other share-holders without offering them to the heirs of late M. A. Ja..Category: Company Law | Date: | Hits: 195
Jabed Ali Sarker Vs. Dr. Sultan Ahmed and another, 1975, 4 CLC (AD)
....question of fact and since this has been decided by the Courts below, we find no substance in the contention of the learned Counsel. This appeal is accordingly dismissed with cost. ......any incorporated under the Companies Act on an application filed by Respondent No. 1 under section 33 of the said Act. 2. The case of Respondent No. 1 is that on 18-9-69 he had purchased 520 shares of the Respondent company (Respondent No.2) from Kamala Kanta Chakraborty who executed an i..Category: Business or Commercial Law | Date: | Hits: 113
Bangladesh Enemy Property Management Board and ors. Vs. Md. Abdul Majid, 1975, 4 CLC (AD)
....view of what have been stated above, the appeal is allowed and the judgment and order passed by the learned Judges of the High Court Division are set aside. There will be no order as to costs. Ed. ......eath of Suresh Chandra Sen Gupta, his wife Karnala Sen Gupta who contributed Taka 23.000, were the first directors. Upon the death of Suresh Chandra Sen gupta, his wife Kamala Sen gupta inherited his shares and became a director. Both Ram Lal Bhattacharjee and Jibananda Bhattacharjee left Barisal fo..Category: Property Law | Date: | Hits: 125
Sanjib Kumar Bose and another Vs. Syed Shamsuddin Ahmed and another, 1981, 10 CLC (AD)
....g the minor plaintiffs' shares. But as there was no legal necessity for transfer of the property the plaintiffs, it is contended, are not bound by the deed of lease. Plaintiff No. 1 attained majority in 1956 and within a year after, which is in 1957, filed the suit both on his behalf and ......istered sale deed dated February 26, 1941. Sachindia died after about a year, in 1942, leaving the plaintiffs, his two minor sons and defendant No. 1 Rama Bose, his widow, who inherited it in equal shares under the Dayabhag School of the Hindu law. Interest of defendant No 1 was however limited..Category: Property Law | Date: | Hits: 54
Bangladesh Freedom Fighters Welfare Trust Vs. Burhanuddin Chowdhury, 1981, 10 CLC (AD)
....pellant, a statutory body, is amenable to be impugned in the writ Jurisdiction of the High Court Division. The appeal, therefore, is dismissed without any orders as to costs. Ed. ......and servant and accordingly writ jurisdiction could not be invoked to impugn the order of termination. 6. It is admitted that the respondent is an employee of a private limited company whose shares vested in the Government and under the provisions of Article 5 of P.O, 16 the s..Category: Employment/Service Law | Date: | Hits: 112
A.S.A. Nur Vs. Registrar of Joint Stock Companies, Dacca, 1981, 10 CLC (AD)
....ge and the Division Bench are set aside. The case is remitted back to the Company Judge for disposal of the matter in accordance with law. There will be no order as to costs. Ed. ......n of Jamuna Oil Company had to be amended so that the powers and function of Petro-Bangla-viz-a-viz the company would be taken over and exercised by the Bangladesh Petroleum Corporation. Two shares held by Dr. Habibur Rahman and S.A. Azim were transferred to Bangladesh Petroleum Corporatio..Category: Business or Commercial Law | Date: | Hits: 107
Dr. Nurul Islam Vs. Bangladesh, 1980, 9 CLC (AD)
....and power conferred upon the Government amounted to uncontrolled discretion amounting to discrimination. It was also equivalent to the power of compulsorily retiring a government servant which is a major penalty under the Government Servants (Discipline and Appeal) Rules, 1976, and as such an orde......osts. The decision of the High Court Division is set aside and the impugned order declared to be of no lawful authority. Ed. This Case is also Reported in: 33 DLR (AD) 201, 1981 BLD (AD) 140. ..Category: Employment/Service Law | Date: | Hits: 180
Musharraf Hossain Chy Vs. GM, Titas Gas Transmission & Dist. Co. Ltd. & ors., 1981, 10 CLC (AD)
....." Article 25 is as follows:- "No share shall be transferred from any member of the Burmah Group to any person other than a member of the Burmah Group unless such transfer is approved by the majority of Directors." On the basis of its present Articles of Association the Board of Dire......arging its status from a limited company to a public enterprise. In 1968 its entire share held by the EPIDC was transferred to the President of Pakistan. After the emergence of Bangladesh, all of its shares became abandoned and veiled in the Government of Bangladesh under the provisions of President..Category: Employment/Service Law | Date: | Hits: 104
Abdus Samad & ors Vs. Md. Sohrab Ali and others, 1981, 10 CLC (AD)
....ge cannot be sustained, therefore, the appeal is allowed with costs and the Judgment of the High Court set aside. Judgment and order of the lower Appellate Court are restored. Ed. ......23, 1966. The appellant contested the case by filing two lets of written objection contending, inter alia, that the case is not maintainable on account of defect of parties, as many of the co-shares by inheritance in the case holding have not been impleaded. They further contended that they..Category: Property Law | Date: | Hits: 73
Bangladesh Vs. Md. Matiur Rahman, 1982, 11 CLC (AD)
.... In this background the question was whether misconduct had really been proved. The Inquiry Officer recommended minor penalty namely, censure but the Government decided to impose a major penalty. Opinion of the Public Service Commission was obtained. It expressed the opinion tha......ourt Division is set aside and the Writ Petition is dismissed with the modification that; the punishment is altered to compulsory retirement. No order as to costs. Ed. ..Category: Employment/Service Law | Date: | Hits: 87
Rajan Miah Vs. Abdur Rashid and another, 1982, 11 CLC (AD)
.... of the trial court judgment by the appellate Court below was justified and the plaintiff is not entitled to any relief. In the result, therefore, this appeal is dismissed with cost. Ed. ......uit land and dispossessed him. 4. The defence case was that the suit land belonged to Syed Abdul Karim and on his death it devolved on his two sons Syed Abdulla and Syed Abdul Hakim in equal shares. Syed Abdul Hakim gifted his 8 annas interest to his wife Bibhan Bibi. Abdulla died childles..Category: Property Law | Date: | Hits: 47
Rokeya Khatun Vs. Alijan @ Alijan Bepari and ors., 1982, 11 CLC (AD)
....he modification that the suit is decreed in part in favour of the appellant to the extent of the 1/3 rd share in the suit property. Respondent No. 1 is to pay cost of the appeal. Ed. ......back to the ownership of Meher Afzan Bibi. But she being dead it reverts back to her heirs, namely, respondent No. 2 Mahtabuddin and the appellant Rokeya Khatoon according to their respective shares. Mahtabuddin cannot get the benefit of the result of the declaration. Transfer of the proper..Category: Property Law | Date: | Hits: 57
....y or national security, or
4. (1) The following are the minor penalties:—
(a) …………….
(b) ……………
The following are the major penalties:—
(c) ………………
(d).……………… ......persona! hearing has, in any way, prejudiced the respondent.
For the reasons stated above, the appeal is allowed but without any order as to costs.
Ed.
This Case is also Reported in:
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Category: Employment/Service Law | Date: | Hits: 109
Khondker Moshtaque Ahmed Vs. Bangladesh, 1982, 11 CLC (AD)
.... Chairman. This was changed in such a way as to enable constitution of each Court with an officer of the Army as Chairman and another Army officer as member thereof, which together would constitute majority in the Court. (b) There was provisions for an appeal to the Government in cases where t......w Court and the order of Government on review are set aside, The orders of conviction passed on the appellant ate hereby quashed. Ed. This Case is also Reported in: 34 DLR (AD) (1982) 222. ..Category: Criminal Law | Date: | Hits: 287
Bangladesh Vs. Hon'ble Judge, Prize Court, HCD, Supreme Court Building, Dacca, 1982, 11 CLC (AD)
....xpenditure for which no previous sanction exists in the budget; (iii) levy of taxes, duties, cesses of fees; (iv) floatation of loan; (v) re-appropriation between major heads within budget grants; (vi) alteration in the method of complication of accou......e learned Attorney-General are found unacceptable, not because it lack reasons but such reason has no support in law. The appeal is dismissed. No order as to costs. Ed. ..Category: Others | Date: | Hits: 116
Bangladesh & others Vs. A. K. M. Zahangir Hossain, 1981, 10 CLC (AD)
....gical conclusion will be that in dismissing an officer, the authority can act on its own discretion without following any procedure. This part of the argument does not convince me at all. 22. The major controversy has centred round the word 'authority' in the absence of 'tribunal' being used in ...... Mills Limited vs. Shyam Sunder Jhunjhunwala AIR 1961 SC 1669 the question for consideration Was whether the order of the Central Government in an appeal from refusal of registration of transfer of shares under the Companies Act, 1956 could be made the subject matter of appeal before the Supreme C..Category: Constitutional Law | Date: | Hits: 188
Bangladesh Vs. Winifred Rubi & ors., 1982, 11 CLC (AD)
.... 7. In the result, therefore, this appeal is allowed. And the Judgement of the High Court Division are set aside and the writ petition is dismissed. There will be no order as to cost. Ed. ......etitioners by filing the Writ Petition. The requisitioned remises belong to these respondents and after series of litigations the respondents Nos. 1 and 4 took physical possession of their allotted shares. Then Mrs. Willes one of the co-sharers had started a Kindergarten School in a portion of th..Category: Property Law | Date: | Hits: 65
Jamil Huq and 11 others Vs. Bangladesh and others, 1981, 10 CLC (AD)
....Courts set up under the Army Act, 1952, in the Writ Jurisdiction of the High Court Division under Article 102(5) of the Constitution. 2. It is to be observed that this Division has already in the majority view in the case of Bangladesh Vs. Md. Abdur Rob, 33 DLR (AD) 143 and in the case of Bangla......lication under Article 104 of the Constitution is rejected. The verbal prayer for stay of the execution of the sentences made by Mr. MH Khandker is refused. Ed. This Case is also Reported in: ..Category: Constitutional Law | Date: | Hits: 327
Commissioner of Income Tax, Dacca Vs. Adamjee Sons Ltd., 1982, 11 CLC (AD)
....d not separately under section 7(1) of the Wealth Tax Act. There is nothing to interfere. In the result, therefore, this appeal is dismissed without any order as to cost. Ed. ...... 8(9). 2. Leave was granted to consider whether the High Court Division was correct in taking the view that the Wealth Tax Officer is required to take into account the face value of the shares as held by the assessee and they must be valid under section 7(1) of the Wealth Tax Act. ..Category: Fiscal/Taxation Law | Date: | Hits: 73
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