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Shafquat Haider & others Vs. M. Al-Amin and another, 1987, 16 CLC (AD)
.... appellant No. 1, Shafquat Haider, Managing Director and his wife, Mrs. Haider, another Director, hold the remaining 50% shares of the company. In the application for winding-up they alleged a complete dead-lock that arose in the company's business due to serious difference of opinion and m......s order, however, does not restrain respondent No.1 from discharging his duties as Chairman of the company. The winding-up matter should be disposed of expeditiously. No order as to costs. Ed. ..Category: Intellectual Property Law | Date: | Hits: 239
Sharping Matshajibi Samabaya Samity Ltd. Vs. Bangladesh & others, 1986, 15 CLC (AD)
....ossession in September, 1982. 3. As per stipulation that the appellant should show some development work in April, 1984, the District Fishery authorities reported that the appellant satisfactorily completed the stipulated development work of the fishery. 4. In the meantime it was detected that......romulgated and by section 3 the Government was empowered to declare any fishery belonging to or under the management and control of the provincial government to be khas managed fishery. Section 4 bars unauthorised fishing in khas managed fishery. Thus legislative attempt seems to regulate fisher..Category: Property Law | Date: | Hits: 87
Comm Taxes, Dhaka (East Zone) Vs. M/S. Macneil & Kilburn Ltd., Adamjee Ct, Dhaka, 1987, 16 CLC (AD)
....n of the agency the assessee has lost its revenue earning source and ''it has destroyed the structure of agency business with P.R.S now Bangladesh River Steamer Ltd. By the termination there was a complete stoppage of bushiest so far as the agency of Bangladesh River Steamers Ltd. was ...... In the result, therefore, this appeal is allowed. The judgment and order of the High Court Division is set aside and that of the Tribunal is restored. There will be no order as to costs Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 84
Dira Dockyard & Engineers Ltd. & ors Vs.Bangladesh Shilpa Rin Sangstha & ors, 1987, 16 CLC (AD)
....awn by Bangladesh Shilpa Rin Sangstha (BSRS) and as per drawings approved by N. K. ARTICLE: 2 Price of one number steel body, (self propelled) cargo coaster of capacity 600 DWT complete as per specifications and approved plan/design is Tk. 47, 87,500/- (Taka forty seven......in Article 33 of the Order. For the reasons stated above, we are of the view that the appeal must fail. It is accordingly dismissed but there will, however, be no order as to costs. Ed. ..Category: Business or Commercial Law | Date: | Hits: 100
Hazera Begum and others Vs. Roushan Ara Begum and others, 1987, 16 CLC (AD)
....Jobeda alone paid rent to his father Yunus Bepari and denied the suggestion that they granted rent receipts to Jobeda and Hedayet jointly. Analysts of the evidence do not make out a case of complete ouster so as to justify the claim of adverse possession. As noticed the parties are inter-......the plaintiffs and the heirs of Alfazuddin Ahmed are the defendants. The trial court came to the conclusion that the plaintiffs had failed to prove their case and the suit was hopelessly time barred, and as such the plaintiffs are not entitled to get any decree. Further Hedayet and his heir..Category: Property Law | Date: | Hits: 50
Muslimuddin & others Vs. The State, 1986, 15 CLC (AD)
....ion has been made that at the instance of Abdul Hye who was present at the time of recording the statement of P.W.1 Majeda Khatun by the Investigating Officer, P.W. 7 had come. As P W. 7 could not complete the, investigation P.W. 8 Md. Mujibur Rahman completed it. P.W. 9 is the constable who took......e knowing fully well that other persons such as appellants Muslem, Juma, Meghu and Kanu were in possession. Khursheda lived in Dhaka with her husband Shamsul Alam, but she engaged deceased Idris to barga cultivate this land which was being cultivated by accused Muslem for several years, as state..Category: Criminal Law | Date: | Hits: 56
Abdul Mannaf Khan and others Vs. Bangladesh & another, 1984, 13 CLC (AD)
....ent and the Subordinate Judge has found that the evidence does not establish that is existed and that the hat was in existence in 1793, the case of Rakhal Das Addy vs. Durga Sundari Dasi would be a complete answer to the plaintiff's claim. In this part of India, there appears to be no such thing......umber of villages of Nagarpur police station, Tangail and Chowhali police station of Pabna District. The dispute in the suit related to the conflicting claims of two hats, namely, Salimabad hat and Tebaria hat to sit on two particular days in a week. The plaintiff as well as the defendant claimed th..Category: Property Law | Date: | Hits: 202
M/s Hajee Mohammad Ali & Sons Vs. Burma Eastern Ltd. & others, 1986, 15 CLC (AD)
....operty Order, 1972 (P.O. 16 of 1972) Taking over and handing over of possession of the petrol pump station was done without authorization of law and prior notice to the Appellant firm. This act is complete disregard of the express terms of the agreement between the Appellant and Respondent and su...... Tk. 1, 80,330/- 12. Respondent No. 1 Burmah Eastern Ltd. contested the suit. In the written statement filed it was stated that the suit as framed was not maintainable and was barred under section 42 of the Specific Relief Act. Plaintiff-appellant's allegations are false and ..Category: Business or Commercial Law | Date: | Hits: 118
Ellal Textile Mills Ltd. & others Vs. Md. Abdul Awal & others, 1984, 13 CLC (AD)
....of the share-holders who died on 1.10.73. His uncle Md. Yusufuddin Mia who was also share-holder in the company died on 17.11.73. The respondent alleged that since then the petitioner No. 2 has taken complete control of the management of the company and no dividend was paid to the heirs of late M. A......e-holders they cannot attend any meeting of the company as, such the question of issuing notice of the meeting of the Company and or Board of Directors did not arise, (e) lastly, the application is barred by limitation, acquiescence and estoppel. 5. The company Judge then considered that the pr..Category: Company Law | Date: | Hits: 195
Mamudul Haque Chowdhury Vs. The District Judge, Chittagong & others, 1985, 14 CLC (AD)
....andidates namely, those who had participated in the election which have been maintained by the Tribunal. As in the instant case, election in Ward No. 3 shall be held as a matter of course in order to complete the process of election started on 28-12-83. In such an election a candidate, who already p......unal when it passed an order on 9th May 1984 directing the holding a fresh election in ward No.3. If respondent No.3 wants to exercise his right of appeal against this ex parte order it would be time barred under the provisions of section 4. Moreover, according to provisions of section 3 the ex part..Category: Election Law | Date: | Hits: 152
Mst. Esarunnessa Bibi Vs. Md. Amir Hossain, 1985, 14 CLC (AD)
.... the property and if any taxes have been paid that must be adjustable against the arrears of rent to the previous owner. The argument is fallacious. Section 109 of the Transfer of Property Act is the complete answer. 16. Section 109 provides for the rights of the lessor's transferee and it says "....... Judgment and order of the High Court Division are set aside and those of the Appellate Court below are restored. No order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 1. ..Category: Property Law | Date: | Hits: 59
Governor, Bangladesh Bank & others Vs. Shamsul Huda Khan and another, 1975, 4 CLC (AD)
.... done against the plaintiff. The Supreme Court of India came to the conclusion that there was no breach of any Rule in regard to the plaintiff and that since the High Court, having been vested with complete control over the Subordinate Courts under Article 235 of the Indian Constitution, had sol......rightly declared by the High Court Division to be without jurisdiction and of no legal effect. The appeals are dismissed, but without any order as to cost. Ed. This Case is also Reported in: ..Category: Employment/Service Law | Date: | Hits: 87
Osman Gani Mondal Vs. Mainuddin Ahmed and others, 1974, 3 CLC (AD)
....uction is possible; See in this connection the observation of Wynes in his "Legislative, Executive and Judicial Powers in Australia", Fourth Edition, page 28. This observation, with which we are in complete agreement is based on Cooley pp. 154-155, Black's "Interpretation", pp. 21-22 Halsbury’s ......d by the learned Additional Attorney-General thus succeeds. This petition which was lodged on the 14th day of May, 1973 is dismissed. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 61. ..Category: Constitutional Law | Date: | Hits: 148
Saokat Ali and others Vs. Shamsun Bibi and others, 1975, 4 CLC (AD)
....sion Bench of the High Court of East Pakistan in Ratish Chandra Vs. Kara Krishna Goldar (15 D.L.R. 634) in support of the proposition that if the agreement for reconveyance was a completed contract, then in the absence of anything contained in the agreement indicating a persona......nally. We find no substance in the only contention raised in support of this petition, which is dismissed. Ed. This Case is also Reported in: 17 DLR (AD) (1975) 59. ..Category: Property Law | Date: | Hits: 47
Shamsuddin Ahmed @ Tofa Mia & others Vs. Abdul Latif Bhuiyan, 1981, 10 CLC (AD)
....-performance of the formalities as required under the Mohammedan Law, because, according to the plaintiff's own showing the formalities performed by him were premature as the formalities were completed before registration of the kabala. The learned Munsif dismissed the suit on the finding t...... 2. Facts in short necessary for disposal of the appeal may be stated thus: On September 28, 1962 the plaintiff instituted Title Suit No. 124 of 1962 in the second court of Munsif at Brahmanbaria for pre-emption under the Mohammedan Law against the appellants stating, inter alias, that on..Category: Property Law | Date: | Hits: 45
Md. Abdul Jalil Vs. Durjan Ali alias Siddique Hossain and others, 1981, 10 CLC (AD)
....the absence of such party......Object of sub-section (2) is to have all the co-sharer tenants or all the tenants holding lands contiguous to the land transferred before the Court for proper and complete adjudication in accordance with law. A co-sharer tenant or a tenant holding land contiguo......re-emption. In the result, the appeal is allowed with costs. The Judgment and order of the High Court Division is set aside and that of the lower appellate court is restored. Ed. ..Category: Property Law | Date: | Hits: 43
Dr. Nurul Islam Vs. Bangladesh, 1980, 9 CLC (AD)
....ce was served in exercise of powers conferred by sub-section (2) of section 9 of the Public Servants (Retirement) Act, 1974 (Act No XII of 1974) No reason excepting the statement that the applicant completed 25 years of service appeared in the notice. In his petition under Article 102 of the Const......tion that such wide powers in the hands of the executive may in some case be misused or abused and turned into an engine of oppression has caused considerable anxiety in our mind. Nevertheless, the bare possibility that the powers may be misused or abused cannot per se induce the Court to deny the..Category: Employment/Service Law | Date: | Hits: 180
Khandaker Ehtehshamuddin Ahmed @ Iqbal Vs. Bangladesh and others, 1980, 9 CLC (AD)
....igh Court Division following a decision of the Supreme Court Bangladesh Appellate Division in the case of Halima Khatun vs. Bangladesh, 30 DLR (SC) 207 summarily rejected the writ petition in view of complete ouster of the jurisdiction of the Court by clause (6) (7) of M L.R. 4 of Marital Law Regula...... Special Martial Law Court can be challenged in any Court of law. The writ jurisdiction of the High Court Division as conferred under Article 102 of the Constitution is to be exercised subject to the bar put under the Proclamations and the Martial Law Regulations". 22. Of course, the Martial Law..Category: Constitutional Law | Date: | Hits: 292
Abdus Samad & ors Vs. Md. Sohrab Ali and others, 1981, 10 CLC (AD)
.... the proper constitution of the pre-emption application. Their presence it not only a matter of convenience but of absolute necessity to enable the Court to adjudicate more effectively and completely. Order 1 rule 9 of the Code does not apply when a cause of action arises against a numb......rsons whose names were supplied by the pre-emptee. At that trial only two points were pressed, namely whether the petitioners were the owner of the contiguous lands and whether the application was barred by limitation. On both the points are learned Munsif found, on consideration of the evi..Category: Property Law | Date: | Hits: 73
Mofizur Rahman Khan Vs. Government of Bangladesh, 1982, 11 CLC (AD)
....same grounds as were taken by the other government servant in Writ Petition No. 1038 of 1978 as mentioned above. This respondent pointed out that the order of retirement was passed years after he had completed 25 years of service and he had only 16 months to attain the normal age of superannuation a......ed that Bangladesh Parliament by virtue of Article 65 has plenary or supreme legislative power conferred upon it, and this power is exercisable subject to the Constitution The Constitution puts two bars on the legislative power of the Parliament, one is that Constitution being the supreme law of t..Category: Constitutional Law | Date: | Hits: 188
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