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Bengal Water Ways Ltd & Another
....lip;…………..Respondent Judgment July 8, 1981 Result: Appeal dismissed Companies Act (VII of 1913), Section 162. Winding up of Private Company It is well settled principle that a private limited company can, if circumstances so permit......ration that she was a lawful owner of 2200 shares and that she was duly elected a Director of the Company. 8. Zahiruddin Ahmed then proceeded to call a general meeting of the Company but at that stage Rahimuddin Ahmed filed Title Suit No. 259 of 1973, in the same Court of the Munsif, and obtain......rds I concur with the judgment delivered by my learned brother Masud J. and dismiss the appeal with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 435 ..Category: Corporate Law | Date: 8 Jul, 1981 | Hits: 0
Kanak Chandra Das & Others Vs. Basiruddin Khan & Another, 1981, 9 CLC (AD)
....1962), Section 62 Banking Companies Ordinance - Winding up order made— A matter pending before the High Court Division or Appellate Division on appeal cannot be transferred to the Company Judge. Lawyers Involved: M.H. Khandker, Sr. Advocate, with B.K. Das, Advocate, in......irected that the second appeal be disposed of by the High Court Division on merits. The respondent shall pay costs of this appeal. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 421 ......under the provision of section 62 of the Banking Companies Ordinance, 1962 which gives exclusive jurisdiction to the Company Judge in all matters related to or arising, out of an winding-up proceeding. This order has been challenged in this appeal by special leave by the plaintiff of the s..Category: Banking Law, Corporate Law | Date: 25 Jun, 1981 | Hits: 0
....wed the trawler in question to escaped from his lawful custody and for not informing the court till then about the escape of the trawler. Messrs. Zenith Shipping, the local agent of the appellant-company and the Collector of Customs (respondent No. 7) were also directed to file affidavits explaining......nationals and sought permission of the court to withdraw from the appeal. The court directed him to file an application stating full facts with reasons for their prayer for withdrawal at that belated stage. This court upon a consideration of the application filed by the plaintiff respondent alleging...... this Act or any law for the time being in force, and to penalties (including confiscation) which may be incurred in respect of that matter.”
7. The affidavit does not disclose whether any proceeding has been started by the Customs Authorities against the trawler in question or against it..
Category: Fiscal/Taxation Law, Procedural Law | Date: 17 Jun, 1981 | Hits: 2
Sasanka Sekhar Bose @ Mona Bose Vs. Government of Bangladesh, 1981, 10 CLC (HCD)
....Act, whether the trial as held within Pakistan or not, a copy of such sentence, signed and certified by the President of the court or the officer holding the trial, as the case may be, may be sent to any Magistrate in Pakistan, and such Magistrate shall thereupon cause the fine to be recovered in ac......expeditiously as practicable. Send down the records at once. Ed. Abdul Matin Khan Chowdhury J. — I agree. This Case is also Reported in: 34 DLR (HCD) (1982) 32 ......y Court to undergo rigorous imprisonment and to pay fine. The appellant was, however, released under the General Order of Amnesty promulgated by the Government of Bangladesh on 18.1.1972. The instant proceeding was started for realisation of the sentence of fine imposed upon the appellant. The appel..Category: Procedural Law | Date: 5 May, 1981 | Hits: 2
Registrar, University of Dacca Vs. Dr. Sajjad Hossain And University of Dacca, 1981, 10 CLC (AD)
....ellip;..(32) These three clauses cover three kinds of conduct on the part of the officer concerned. First is that in the exercise of his power or, in discharge of his official duties, if he does any act which assists, aids or supports against liberation struggle or creation o f Bangladesh where......sts. Order of the Court In view of the decision of the majority, me appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 348 ......the second charge that be issued statement in London Times the finding of the Board is as follows: “The Board has obtained a certified copy of the same from Special Tribunal where criminal proceedings are pending against the accused teacher under the Collaborators Order (President Order N..Category: Administrative Law | Date: 30 Apr, 1981 | Hits: 67
Tripura Modern Bank ltd. Vs. Shuva Karan Rajgharia, 1981, 10 CLC (HCD)
.... appears that an application under section 47 of the Code of Civil Procedure was filed by the respondent before the executing Court challenging the legality of a decree passed by the learned Company Judge of the then High Court under section 63(3) of the Banking Companies Ordinance, 1962 (herei......nce with law. The appeal is accordingly allowed without any order as to costs. Communicate the order expeditiously. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 96 ...... Judgment Abdur Rahman Chowdhury J.- This appeal arises out of an order passed by the Subordinate judge allowing an application under section 47 of the Code of Civil Procedure in an execution proceeding. 2. We have heard the learned Counsel for the appellant and perused the impugned ord..Category: Banking Law | Date: 18 Feb, 1981 | Hits: 2
Chairman, National Board of Revenue & Others Vs. Md. Jahurul Hoque, 1981, 10 CLC (AD)
....ake the appointment letter was issued. In the absence of selection by the Board the appointment was invalid. Between the interview and the date when he got the appointment letter there is hardly anything to show that he was selected by the Selection Board. An ingenious attempt was made by argui......without any order as to costs. The order of the High Court Division is set aside and the writ is recalled. Ed. This Case is also Reported in: 1 BLD (AD) (1981)139. ......gal effect. Leave was granted to consider the question whether the appointment letter issued inadvertently had created any right in favour of the respondent so as to call for a disciplinery proceeding in accordance with rules. 5. Facts are not in dispute. The respondent was asked to a..Category: Administrative Law, Employment/Service Law | Date: 26 Jan, 1981 | Hits: 1
Assessing Officer, Narayanganj Range, & Others Vs. Burmah Eastern Limited, 1981, 9 CLC (AD)
....provisions of the Urban Immovable Property Tax Rules, 1957 and also whether the said Rules could be applied retrospectively, once the assessment had already been done. 3. The respondent is a company incorporated in Bangladesh, under the Companies Act, 1913, and in May, 1965 it took over the bus......eld that the Writ Petition was maintainable. For the aforesaid reasons this appeal is dismissed but without cost. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 450 ......aid by the respondent. 9. It was also contended that the appellant rightly reassessed and levied tax under Rule 10 of the said Rules, which empower the appellant to do so and that the assessment proceeding for the years 1957-58 to 1962-63 were re-opened under Rule 10(1) of the Urban Immovable P..Category: Fiscal/Taxation Law | Date: 22 Jan, 1981 | Hits: 0
Chairman, D.I.T. & Another Vs. Chairman, 2nd Laour Courts & Another, 1981, 10 CLC (AD)
....er, when the DIT attracts the definition of an 'industry' as given in Section 2 (XIII) of the I.R.O., the application under Section 34 of that Ordinance for enforcement of any right guaranteed under 'any Law' to a person who is a worker under the industrial Relati......our Court are set aside, and the petition before the Labour Court dismissed. There will be no Order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 462 ...... meanting of Employment of Labour (Standing Orders) Act, 1965 - Such employees connot enforce the provision of s. 18 of that Act relating to subsistence allowance pending inquiry into misconduct in a proceeding u/s 34 of Industrial Relations Ordinance, 1969--Terms and conditions of such employees ar..Category: Administrative Law, Labour and Industrial Law | Date: 12 Jan, 1981 | Hits: 0
Dr. Nurul Islam Vs. Bangladesh & Others, 1980, 9 CLC (AD)
.... appellant completed 25 years of service on 10.4.1977. Due to scarcity of doctors restriction has-been imposed on government doctors in seeking employment outside the country. For the same reason as many as 34 doctors who have completed 25 years of service have not been retired. To show the malice i......he pleasure doctrine is limited by the guarantee to the government servant as provided under Article 135 of the Constitution. 72. Mr. Ishtfaq Ahmed, Counsel for the appellant, intervened at this stage and referred to two cases decided by the Indian Supreme Court. 73. The first of the two c....... The impugned notification appears to have been issued in order to circumvent that judgment. It is, therefore, mala fide as having been issued for achieving some collateral purposes. 24. Before proceeding further I consider it necessary to refer to the provision of both the Constitution and a ..Category: Administrative Law, Employment/Service Law | Date: 9 Dec, 1980 | Hits: 6
Shamuj Ali & Others Vs. Kamalar-Ma Bibi & Others, 1980, 9 CLC (AD)
.... are quoted below: — Section 144, Civil Procedure Code. "S. 144(1) Where and in so far as a decree is varied or reversed, the Court of first instance shall, on the application of any party entitled to any benefit by way of restitution or otherwise, cause such restitution made as......preferred from the decree of reversal of the first appellate Court. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 131 ......ss his point that the nature and scope of an application for restitution are quite different from those of an application for execution and as such restitution is not a part of an execution proceeding, nor is it in the nature of an execution proceeding. In support of this contention M..Category: Civil Law, Procedural Law | Date: 26 Nov, 1980 | Hits: 2
Bangladesh Vs. Mohammed Ali and 6 others, 1980, 9 CLC (AD)
.... and the appellate power specifically included the power of enhancement of sentence. Even then the appellate power did not include the power of converting acquittal into conviction. In the absence of any specific provision for converting acquittal into conviction, the Government exercised jurisdicti......he High Court Division setting aside the conviction though on a different ground. In the result, the petition is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 104. ......e Chief Martial Law Administrator and not in the Government. The High Court Division found that by Martial Law (23rd Amendment) Regulation, 1976 (Regulation No. XXXIII of 1976) power of review of the proceeding of cases tried by Special Martial Law Courts were transferred from the Government to the ..Category: Criminal Law | Date: 24 Nov, 1980 | Hits: 53
Md. Hazrat Ali Vs. Chairman, Bagladesh Chemical Industries Corporation & another, 1980, 9 CLC (HCD)
....ted to him by letter dated 16th February, 1978 by the Acting Chief of Personnel of the Corporation. 2. The petitioner was an office Assistant in Aziz Match Factory, being set-up by a private company incorporated long-before the independence of Bangladesh in 1960. During the war of lib......April, 1974, the authority granted to the petitioner by the previous Management Board to open the Bank Account was never rescinded or cancelled by the authority of the Corporation subsequently at any stage. In such circumstances it cannot be said to be an action without any authority as such. 1......e petitioner guilty of 4 charges on account of financial irregularities allegedly constituting misconduct according to the authority of the Chemical Industries Corporation. 4. So far as the proceeding taken by the authority of the Corporation in dismissing the petitioner from service is co..Category: Constitutional Law, Corporate Law | Date: 21 Nov, 1980 | Hits: 2
Abdus salam Vs. Musabbir Ali & others, 1980, 9 CLC (HCD)
....cause by the next date, why proceeding for contempt would not be drawn up against them. Then the Jury submitted a report stating that the first party had no land and there was no reason to cause any damage to the first party pn account of throwing of earth by the second party. On the basis of t......Code of Criminal Procedure. As such the reference is accepted. The records be sent down expeditiously. Ed. This Case is also Reported in: 1 BLD (HCD) (1981)60 ......st party had no land and there was no reason to cause any damage to the first party pn account of throwing of earth by the second party. On the basis of this report the learned Magistrate dropped the proceeding on 28-10-76. On 1-11-76 the first party filed an application stating it to be Naraji peti..Category: Criminal Law | Date: 4 Sep, 1980 | Hits: 1
Messrs Ahmed & Sons Vs. Messrs Eastern Technique & others, 1980, 9 CLC (HCD)
....is suit. In order to attach the property before judgment u/s 38 rule 5 C.P.C. there must be some material facts and specific allegations against the defdt No.1 that he is going to dispose of whole or any part of his properties to frustrate the execution of decree that may be passed which are very mu...... rule we hold that the impugned order was not passed under the said provisions, but it was made under rule 5 Order 38 of the Code of Civil Procedure which runs as follows: "(1) Where at any stage of a suit, the Court is satisfied, by an affidavit or otherwise, that the defendant, with inte......before the trial Court for addition of the proposed parties. The application is accordingly rejected. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 67 ..Category: Civil Law, Corporate Law | Date: 6 Aug, 1980 | Hits: 1
Nurul Islam & others Vs. Md. Abdur Rashid, 1980, 9 CLC (HCD)
....t bona fide purchasers for value without notice. The alleged transfers by the defendant No. 1 in favour of the added defendant Nos. 3-5 are hit by the doctrine of lis pendens and as such without any effect and not binding on the plaintiff. The alleged promissory notes dated 15-8-72 and 30-9-72 ......anged the nature and character of the suit, As such the impugned order of the learned Subordinate Judge is liable to be set aside. Order 6 rule 17 CPC reads as follows "The Court may at any stage of the proceedings allow either party to alter or amend his pleadings in such manner and ......reads as follows; (1) Save as aforesaid, an appeal from a decree or order of a Subordinate Judge shall lie. (a) to the District Judge where the value of the original suit in which or in any proceeding arising out of which the decree or order was made did not exceed taka twenty thousand and..Category: Civil Law, Procedural Law | Date: 6 Aug, 1980 | Hits: 1
Nemai Kumar Vs. Ramesh Chandra Dutta and others, 1994, 23 CLC (AD)
....herefore held against the plaintiff and dismissed the suit. 5. On appeal, the Court of appeal below found that there was no documentary evidence to prove that the father of Rajani and Nishi left any property, which was possessed by the brothers jointly, nor was there anything to show that Rajan......urt of appeal below are set aside and that of the trial Court restored. There will be no order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 111;1 BLD (AD) (1981) 189 ......urt of appeal below are set aside and that of the trial Court restored. There will be no order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 111;1 BLD (AD) (1981) 189 ..Category: Property Law | Date: 30 Jun, 1980 | Hits: 51
...., 1979.
3. The appellant who was an officer of the Bangladesh Minerals, Oil and Gas Corporation (hereinafter called the Corporation) was posted in the Titas Gas Transmission and Distribution Company Ltd. (hereinafter called the Enterprise). His order of appointment as the Administrative Manager......der Article 4 of the Bangladesh Industrial Enterprises (Nationalisation) Order, 1972 (PO. No. 27 of 1972)"
57. Since the pattern of economic development in this country is in a nascent stage, some time will be required to develop in full the shape of things to come. Judging from vario......all shares and proprietary and other interests, as,have not already vested in the Government by or under any law for the time being in force, shall by virtue of this Article and with any further proceeding or formality, stand vested in, and allotted to, the Government free of any trust, mortgag..
Category: Constitutional Law, Corporate Law | Date: 12 Jun, 1980 | Hits: 7
Manager Zeal Bangla Sugar Mills. Ltd Vs. Chairman, First Labour Court and another, 1980, 9 CLC (HCD)
.... Labour Court arrogated to itself the power of appellate authority against Enquiry officer when it found the delinquent not guilty. Unless violation of the procedure laid down in section 18(1) or any unfairness or bad faith or mala fide is found in the proceeding before the enquiry officer Labou......of the petitioner against respondent No. 2, this rule is made absolute. There will be no order as to costs. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 1, 2 BLD (HCD) (1982) 57 ......ate authority against Enquiry officer when it found the delinquent not guilty. Unless violation of the procedure laid down in section 18(1) or any unfairness or bad faith or mala fide is found in the proceeding before the enquiry officer Labour court cannot reverse his finding. Reinstatement in..Category: Labour and Industrial Law | Date: 12 Jun, 1980 | Hits: 2
Md. Wasiq Khan Vs. Md. Sabiq Khan & others, 1980, 9 CLC (HCD)
....r is nullified, more so when in allocating sahams he has not gone beyond the order portion of the judgment. The pleader commissioner's report cannot be set aside on the ground that he lacked any jurisdictional basis. His jurisdiction under the circumstances is unaffected by the formal ...... submission of Mr. M H. Khondker F.M.A. No. 318 of 1979 is dismissed for non-prosecution without any order as to costs. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 46. ......notice upon the parties or their respective lawyers after the Pleader Commissioner submits his report. But if considerable time has elapsed between the last occasion when the Court had dealt with the proceedings and the submission of the report, it is only fit and proper, and, indeed there is a prac..Category: Property Law | Date: 28 Apr, 1980 | Hits: 3
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