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Dr. Naimur Rahman and another Vs. Shahbazpur Tea Co. Ltd and another, 1991, 20 CLC (AD)
....‑affidavits filed by the parties for winding up was not a bonafide one and the same was made for collateral purpose. It is not be permissible in law to re‑open the matter on the basis of the statements and grounds as contained in the winding‑up applications as the applications are strictl......976, that no balance-sheet and/or profit and loss account have at all been prepared and audited, that no Statement of Accounts was furnished to the share holders, that respondent No.2 was running the affairs of the companies by‑passing the Board of Directors in the name of an illegally constituted..Category: Business or Commercial Law | Date: 19 Jun, 1990 | Hits: 124
Sher Ali Amir Ali Virjee Vs. Eastern Industries (Bangladesh) Ltd. and others, 1990, 19 CLC (HCD)
....ertificates have been issued in his favour. The petitioner sent another reminder on 3.7.86 to the Managing Director of the company but without any result. The petitioner also informed about the above state of affairs of the company to the Registrar of Joint Stock Companies and also other shareholder......es have been issued in his favour. The petitioner sent another reminder on 3.7.86 to the Managing Director of the company but without any result. The petitioner also informed about the above state of affairs of the company to the Registrar of Joint Stock Companies and also other shareholders of the ..Category: Company Law | Date: 17 Jun, 1990 | Hits: 184
Shahabullah (Md) Vs. The State, 1990, 19 CLC (AD)
....cts of the case it was, however, held "that the attack upon the reliability of the Magistrate seems unwarranted" and "the expression trained evidence" can hardly be applied to the statement of Mr. Minhas, the Magistrate. 6. Bribery is an ancient crime. Kautilya in his Arthas......o interfere in the matter. The appeal is dismissed. Let the appellant surrender to his bail bond and serve out his sentence. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 1. ..Category: Anti-Corruption Laws | Date: 13 Jun, 1990 | Hits: 119
Atiqur Rahman Vs. AKM Fazlul Hoque, 1990, 19 CLC (HCD)
....No. 299a of 1981 under section 156 (1) 14 of the Customs Act, 1969 pending in the court of the Chief Metropolitan Magistrate, Dhaka. 2. The facts relevant for disposal of the Rule may briefly be stated as follows: 3. Mr. Fakir Ashraf, Assistant Collector, Customs and Excise, Dhaka arrested......ni. In the result, the Rule is discharged and stay granted by this Court earlier is vacated. Sent down the records at once. Ed. This Case is also Reported in: 43 DLR (1991) 49. ..Category: Fiscal/Taxation Law | Date: 11 Jun, 1990 | Hits: 80
Tamizul Haque and another Vs. Shamsul Haque and others, 1990, 19 CLC (AD)
....vidence that its maker had transferred his shares, but later on, he was requesting his brother to re-transfer those transferred shares to him in view of the condition of his health. An admission is a statement, oral or documentary, suggesting an inference as to any fact in issue, or a relevant fact.......ion'. Finding to this effect of the courts below is perfectly correct. All these appeals are therefore dismissed with costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 34. ..Category: Business or Commercial Law | Date: 31 May, 1990 | Hits: 296
....ondent No.10, the elected Chairman, by filing an application for vacating the order of stay and also by filing an affidavit‑in‑opposition controverted the material allegations in the petition and stated that polling in all the 87 centres were held and concluded peacefully and the votes were coun......poll.
In the result, the Rule is discharged and the order of stay granted on 6.5.90 is vacated. There will be no order for costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 29.
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Category: Election Law | Date: 24 May, 1990 | Hits: 101
Bakul Howlader @ Shamsul Alam Vs. The State, 1990, 19 CLC (AD)
....of the High Court Division did not exercise their judicial discretion properly in cancelling the bail of the appellant when there is no allegation of tempering with the evidence against him. Moreover state has not produced any new material to justify cancellation of bail of the appellant..........(7......bail of the appellant. Hence, the appeal is allowed and the bail granted to the appellant by the Upazila Magistrate is confirmed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 14. ..Category: Criminal Law | Date: 20 May, 1990 | Hits: 100
Fazal & others Vs. State, 1990, 19 CLC (HCD)
....Zaman & others Vs. Matiar Rahman 20 DLR page 434 & Abdus Sattar Howlader Vs. The State & Vs. Kashem Ali 15 DLR 30 cited....................... (4) It is a mandate of the Code to take statement of the accused in accordance with the provisions of law. It imposes a duty on the court to......he accused petitioners be acquitted of the charge levelled against them. The accused petitioners be discharged from their bail bonds. Ed. This Case is also Reported in: 43 DLR (1991) 40. ..Category: Criminal Law | Date: 14 May, 1990 | Hits: 66
Aga Kohinoor Alam Vs. State and another, 1990, 19 CLC (HCD)
.... said to be without any basis nor the said proceeding can be held to be liable to be quashed. The Rule is accordingly discharged. Ed. This Case is also Reported in: 43 DLR (1991) 95. ...... said to be without any basis nor the said proceeding can be held to be liable to be quashed. The Rule is accordingly discharged. Ed. This Case is also Reported in: 43 DLR (1991) 95. ..Category: Criminal Law | Date: 13 May, 1990 | Hits: 73
Ayesha Khatun (Musammat) Vs. Musammat Jahanara Begum & others, 1990, 19 CLC (AD)
.... per provision of section 96 of the State Acquisition and Tenancy Act. In the result, the appeal is dismissed. No costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 9. ...... per provision of section 96 of the State Acquisition and Tenancy Act. In the result, the appeal is dismissed. No costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 9. ..Category: Property Law | Date: 11 Apr, 1990 | Hits: 47
MA Razzaque Vs. Bangladesh Election Commission, 1990, 19 CLC (HCD)
....ected on 18.2.90 the nomination paper of the petitioner on the ground that the petitioner is a wholesale dealer of fertilizer appointed by the Bangladesh Agricultural Development Corporation (as stated in the complaint petition Annexure B by one Md. Shafiqul Huq). Respondent No.3 as appell......for being, a Chairman of Parishad if‑ (f) he is a party to a contract for work to be done for, or goods to be supplied to, the Parishad concerned or has otherwise any pecuniary interest in its affairs, or is a dealer in essential commodities appointed by the Government." 4. Mr. SS H..Category: Election Law | Date: 5 Apr, 1990 | Hits: 110
M/s. Rising Sun Traders Ltd. Vs. Chittagong Port Authority and another, 1990, 19 CLC (HCD)
....Suit No.5 of 1987 setting aside the Arbitration Award dated 14.12.1986 filed by the Proforma Respondent No.2 Arbitrator as Petitioner. 2. The facts giving rise to this Appeal may be shortly stated as follows: M/s. Rising Sun Traders Limited was appointed by respondent No. 1, Chittagon...... the impugned Judgment of the learned Subordinate Judge is set aside and the award dated 14.12.1986 is made the Rule of the Court. Ed. This Case is also Reported in: 43 DLR (1991) 1. ..Category: Alternative Dispute Resolution | Date: 28 Mar, 1990 | Hits: 176
Sheikh Salimuddin Vs. Ataur Rahman and others, 1990, 19 CLC (HCD)
....Court of Munsif, Dhaka claiming Tk. 2,000/ from the present plaintiff as, compensation for barga crops for two years. The plaintiff appeared in that suit and 16.5.73 was fixed for filing written statement. Thereafter there was talk for compromise and in that suit defendant No.1 admitted to have......e are set aside and the suit is accordingly dismissed. In the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 18. ..Category: Property Law | Date: 15 Mar, 1990 | Hits: 66
Abdur Rabban (Md) Vs. Aminul Hoque Sowdagar and another, 1990, 19 CLC (AD)
....southern portion) and recovery of possession of Schedule B lands (northern portion). Pro-forma defendant No.2 is the father of the plaintiff. He supported the plaintiff's case by filing a written statement. Defendant No. 1 contested the suit by filing a separate written statement. 3. The pl...... For the reasons stated above we do not find any merit in the appeal. The appeal is dismissed but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 19. ..Category: Tenancy Law | Date: 15 Mar, 1990 | Hits: 123
Ataur Rahman & others Vs. State, 1990, 19 CLC (HCD)
.... fine of Tk. 5,000/‑ in default, to suffer rigorous imprisonment for one year. He further ordered that half of fine if realised be given to victim Kalachand. 2. Prosecution case may briefly be stated thus:‑ On 10‑6.84 at about evening time (6‑45 to 7 PM) victim Rafiq Gazi was retur......ected to surrender to his bail bond and to serve out the sentence. Appeal No.10 of 1985 is dismissed and order of acquittal is upheld. Ed. This Case is also Reported in: 43 DLR (1991) 87. ..Category: Criminal Law | Date: 14 Mar, 1990 | Hits: 65
Zakir Hossain and others Vs. The State and other, 1990, 19 CLC (AD)
....binding upon them. In that case the plaintiffs, as required under the law, filed in court along with their plaint the copies of their kabalas. Respondent No. 2 appeared in that suit and filed written statement alleging that the kabalas of the plaintiffs were 4. Leave was granted for considerin......tan Magistrate, Dhaka is stayed till the disposal of Title Suit No.159 of 1987 of the First Court of Subordinate Judge, Dhaka. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 118. ..Category: Anti-Corruption Laws | Date: 12 Mar, 1990 | Hits: 114
Azima Begum Vs. Yusuf Khan (Md) and others, 1990, 19 CLC (AD)
....The Code of Criminal Procedure, 1898 (V of 1898), Section 439 Whether High Court Division correctly exercise its discretion in not granting an order of ad-interim stay The appellant clearly stated before the High Court Division while obtaining the Rule that she had given birth to a female ......and the parties will be at liberty to take such steps as advised for hearing of the Rule. The appeal is, therefore, allowed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 53. ..Category: Criminal Law | Date: 14 Feb, 1990 | Hits: 58
Anisuzzaman Vs. State, 1990, 19 CLC (HCD)
....nder section 16 of said Act to which they pleaded not guilty and prayed for trial. The other two accused were absconding. 5. P.W.1 Abdur Rahman, the informant, supported the prosecution case. He stated that on (14) 30.4.81 he received an information from P.W.2 Luffor Rahman, President of the Ba......roject authority. In the result, I allow the appeal with the aforesaid observation. The appellant is released from his bail bond. Ed. This Case is also Reported in: 43 DLR (1991) 35. ..Category: Criminal Law | Date: 4 Feb, 1990 | Hits: 86
Monindra Kumar Malaker Vs. State, 1989, 18 CLC (HCD)
.... appeal under section 30 of the Special Powers Act, let us now examine the evidence of the prosecution witnesses. 9. P.W.1 is the informant himself. In his evidence he has reiterated what he stated in the First Information Report. He further stated that in the next morning the mother-in-l......ce by us. In the result, this appeal is dismissed and the judgment of acquittal passed by the Special Tribunal is hereby affirmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 349. ..Category: Women and Children | Date: 16 Aug, 1989 | Hits: 153
Manindra Kumar Malakar Vs. Secretary, Ministry of Home Affairs & others, 1989, 18 CLC (HCD)
............... (11) In this case the petitioner has totally failed to prove by adducing any independent and reliable evidence that his daughter (detenu) was minor at the relevant time excepting his statement…………………..(15) In a habeas corpus case......e copy of this order be communicated to the Deputy Commissioner, Gazipur and the Jailor, Gazipur District Jail at once for compliance. Ed. This Case is also Reported in: 43 DLR (1991) 71. ..Category: Women and Children | Date: 14 Aug, 1989 | Hits: 104
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