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Mir Amir Ali Vs. State, 1991, 20 CLC (HCD)
....et us turn to section 409 which reads as follows: "Whoever, being in any manner entrusted with property, or with any dominion over property in his capacity of a public servant or in the way of his business as a banker, merchant, factor, broker, attorney or agent, commits criminal breach of trust ......firuddin Vs. State, 1981 BLD 150; State Vs. Azizur Rahman and another, 1937 CrLJ 225 (Karachi). Lawyers Involved: M Nurullah with AKM Safiullah, Shah Miron Alam and Bazlul Kabir, Advocates ‑ For the Petitioner. SB Barua, Advocate ‑ For the State. Criminal Revision No. 792 of 1990. ......uashed. It is hereby directed that the accused petitioner be discharged from his bail bond. The Rule is accordingly made absolute. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 250. ......uashed. It is hereby directed that the accused petitioner be discharged from his bail bond. The Rule is accordingly made absolute. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 250. ..Category: Criminal Law | Date: | Hits: 104
Mustafizur Rahman Vs. State and others, 1992, 21 CLC (HCD)
.... of Incorporation. iii) After raising the capital and complying with other conditions as may be imposed by the Controller of Capital Issues, the Company will obtain Certificate for Commencement of business from the Registrar of Joint Stock Companies under the Companies Act, 1913. 3. You are, t...... to- Nadir Ali, 1960 CrLJ 188; Shaikh Shahidul Islam Vs, State, 44 DLR (AD) 192; Nisar Ahmed Vs. The State, 23 DLR (SC) 41. Lawyers Involved: Moudud Ahmed with Md. Azizul Huq, Advocates ‑ For the Petitioner. Dr. Rafiqur Rahman with Serajur Rahman, Advocates ‑ For the Opposite‑Party......mmerce and Investment Company Limited a 'no objection' certificate to the establishment of the said investment company in the private sector was issued stating that the following provisions must be incorporated in the Articles of Association and the procedure laid down in the said letter shall be fo......the petition for bail of the petitioner and we find no reason to grant the prayer for bail. In the result, the Rule is discharged. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 227. ..Category: Criminal Law | Date: | Hits: 125
Abu Hossain and others Vs. Registrar of Trade Union and others, 1992, 21 CLC (HCD)
....rily for the purpose of regulating the relations between workmen and employers or workmen and workmen and employers and employees or for imposing restrictive conditions of the conduct of any trade or business and includes a federation of two or more trade unions. The union must be composed of worker......ll India Bank Employees Association Vs. The National Industrial Tribunal (Bank Disputes) Bombay, AIR 1962 (SC) page 171. Lawyers Involved: Khan Saifur Rahman with AKM Zahirul Huq, Advocates ‑For the Petitioners. Giasuddin Ahmed, Advocate ‑ For the Respondents. Writ Petition No.1903 ......ntaining in Memo No.RTU (195) 91 406 dated 25.5.91 passed by the Registrar of Trade Union, Government of Bangladesh refusing registration of the Union as per section 23A of the Ordinance LI of 1977 incorporated by Ordinance XV of 1987. 2. The petitioners in this case are 12 in number. They are w......lict with the equality clause of the Constitution, we find no substance in this application. In the result the rule is discharged. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 192. ..Category: Labour and Industrial Law | Date: | Hits: 204
Philips Electrical Company Ltd. Vs. Commissioner of Taxes (South) Zone, Dhaka, 1992, 21 CLC (HCD)
....essed to tax for the assessment year 1971‑72 under section 23(4) of the Income Tax Act, 1922 although a nil return was filed on 23rd May, 1977 by Philips Bangladesh Limited. The assessee carried on business in manufacturing and sales of electric bulb, radio sets and television for the previous yea......against the Revenue. Parties are to bear their respective costs although. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 190. ...... consider the arguments on tax on the successor. Moreover, the question of succession does not attract the present case as the tax has not been assessed on the Philips Bangladesh Limited, a company incorporated in Bangladesh on July 1, 1973, rather it has been taxed on the assessee‑M/s. Philips El...... answer the questions referred to us in the negative and against the Revenue. Parties are to bear their respective costs although. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 190. ..Category: Fiscal/Taxation Law | Date: | Hits: 109
Abdul Jalil Vs. Bangladesh Steel & Engineering Corporation, 1989, 18 CLC (HCD)
....ise of its Revisional Jurisdiction is called for in the present case. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 474.......sent: Fazle Hussain Mohammad Habibur Rahman J Mohammad Ismailuddin Sarker J Abdul Jalil............................................Petitioner Vs. Bangladesh Steel & Engineering Corporation having its office at "Steel House" Kawran Bazar, Police Station Tejgaon, Dhaka and others......an employee of the Government, relationship between them will be one of master and servant and further relying on the decision reported in 19 DLR 307 held that the plaintiff being an employee under a corporate body cannot sue against dismissal with a prayer for a declaration that his dismissal order......ise of its Revisional Jurisdiction is called for in the present case. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 474...Category: Employment/Service Law | Date: | Hits: 108
Rupali Bank Vs. Haji Ahmed Sabur & another, 1990, 19 CLC (HCD)
....plaintiff‑respondent No. 1's claim in part for recovery of Tk. 1,59,265.00 with interest at the rate of 15% per annum from 27. 1.80 till realization. 2. The plaintiff who claimed himself to be a businessman filed the aforesaid Money Suit No. 6 of 1984 on 2.2.84 for recovery of the sum of Tk. 2,...................................Appellant Vs. Haji Ahmed Sabur & another.............Respondents. Judgment August 14, 1990. Lawyers Involved: Mir Mohammad Nasiruddin, Advocate ‑ For the Appellant. Mozammel Hossain with Moqbul Ahmed Advocates ‑For the Respondents. Appeal ......from the date of filing the suit on 2.2.84 till realization with cost and the cross‑objection of the plaintiff‑respondent is dismissed. Ed. This Case is also Reported in: 43 DLR (1991) 464. ......from the date of filing the suit on 2.2.84 till realization with cost and the cross‑objection of the plaintiff‑respondent is dismissed. Ed. This Case is also Reported in: 43 DLR (1991) 464. ..Category: Civil Law | Date: | Hits: 83
Progati Industries Ltd. Vs. Shahida Khatun and others, 1991, 20 CLC (HCD)
....al by lease deed execute a on 25.1.56 and registered on 22.3.56; that after getting possession therein the plaintiff, as proprietor of Dhaka Wood Works constructed a workshop there and carried on his business; that subsequently the plaintiff, his son Abdul Kader and wife Shahida Khatun formed and in......ina Bandhu, 14 DLR 663; Mst. Ghulam Sakhina Vs. Omar Bakh and another, 16 DLR SC 389 41. Lawyers Involved: Syed Ishtiaque Ahmed, Mohammadullah, Giasuddin Ahmed and Mohd. Ismail Gazi, Advocates For the Appellant. Dr. Rafiqur Rahman, Ruhul Amin and Sirajur Rahman, Advocates- For the Responden......in the plaintiff, as proprietor of Dhaka Wood Works constructed a workshop there and carried on his business; that subsequently the plaintiff, his son Abdul Kader and wife Shahida Khatun formed and incorporated in September, 1959 a private limited company under the name of M/s. Dacca Wood Works Ltd;......st Court of Subordinate Judge, Dhaka is dismissed. Let a copy of this judgment be forwarded to the Secretary, Ministry of Law and Justice. Ed. This Case is also Reported in: 43 DLR (1991) 429...Category: Property Law | Date: | Hits: 69
Motiul Hoque Vs. Dhaka Improvement Trust (RAJUK) & another, 1990, 19 CLC (HCD)
....worn by plaintiff on 13.3.72 shows that the plaintiff was residing at 13/12 Babar Road, Mohammadpur and the affidavit Ext. 10(B) contains averment that the plaintiff had been carrying on his contract business under the name and style M/S. Northern Construction with its head office at 13/12 Babar Roa....../s. ATJ Industries Ltd. and others, 29 DLR (SC) 181; Dooni Lal Seal and another Vs. Sint. Giniya Devi Rateria and others, AIR 1970 (Cal) 452. Lawyers Involved: MI Farooque with Saleemullah ‑ For the Appellant. Zia‑Ur‑Rahman Khan ‑For the Respondent. Appeal from Appellate Decree N......the result, the appeal is dismissed Without any order as to costs and the judgment and decree passed by the trial Court is hereby affirmed. Ed. This Case is also Reported in: 43 DLR (1991) 407. ......the result, the appeal is dismissed Without any order as to costs and the judgment and decree passed by the trial Court is hereby affirmed. Ed. This Case is also Reported in: 43 DLR (1991) 407. ..Category: Property Law | Date: | Hits: 87
Farid Karim Vs. State, 1992, 21 CLC (HCD)
.... in his presence and he put his signature in the same. He identified the bangles marked as Ext. 1. In cross‑examination the witnesses stated that Farid had five other brothers and they had separate business. He married a few days back in his locality. He said that Farid was handcuffed while he saw...........Respondent Judgment February 19, 1992. Cases Referred To- Hasen Ali and another Vs. State, 38 DLR 235; Manjil Fakir Vs. The State, 17 DLR 64; Alhappa Coundan and others Vs. The Emperor, AIR 1937 Madras 618; 39 DLR (AD) 117; Naib Ali and others Vs. The State, 21 DLR 122; Pakala Nara......order of rejection of the Reference be also communicated to the Superintendent, Rajshahi Central Jail for information and compliance. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 171. ......order of rejection of the Reference be also communicated to the Superintendent, Rajshahi Central Jail for information and compliance. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 171. ..Category: Criminal Law | Date: | Hits: 84
Giasuddin Ahmed and others vs. Bangladesh and others, 2010, 39 CLC (HCD)
.... initial share capital of respondent No.6 on incorporation was Tk. 1,800.00 comprising 18 shares taken by nine individually. On 30.06.2008, respondent No.6 was issued a certificate of commencement of business. The object of respondent No. 6 was, amongst others to acquire all undertaking of BTTB. ......Vs. Bangladesh and others………………………Respondents Judgment October 11, 2010. Cases Referred To- 48 DLR (AD) 20; 49 DLR 257. Lawyers Involved: Rokanuddin Ahmed, Senior Advocate with Mustafizur Rahman, Advocate-For the Petitioner. Md. Reza-E-Murshed Kamal, Advoca......puted to service under a public company in Bangladesh, unless they have given their consent and the Government has given its sanction to such deputation. 13. On 24.06.2008, respondent No. 6 was incorporated as a public company limited by shares, have an authorized share capital of Tk. 15,000 cro......malgamation or unification of services. Further, it is stated that Section 4 of the Services Reorganization and Conditions Act. 1975 empowers the Government to reorganize the services of the Republic bodies and nationalized enterprises and as such, Section 5A of impugned Ordinance is not inconsisten..Category: Constitutional Law | Date: | Hits: 145
Arshad Ali Vs. Momtaz Ali and another, 1991, 20 CLC (HCD)
....n whom service can be made, the serving officer shall affix a copy of the summons on the outer door or some other conspicuous part of the house in which the defendant ordinarily resides or carries on business or personally works for gain, and shall then return the original to the Court from which it......nsar Ali J Arshad Ali……………………Petitioner Vs. Momtaz Ali and another................. Opposite Party Judgment December 9, 1991. Cases Referred To- Ganeshmal Vs. Kesorain Cotton Mills Ltd., 55 CWN page 349 (355) Lawyers Involved: SR Karmaker, Advocate ‑ For...... to costs. The order of stay is vacated. Let the suit be proceeded with expeditiously. Communicate this order to the court concerned. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 164. ...... to costs. The order of stay is vacated. Let the suit be proceeded with expeditiously. Communicate this order to the court concerned. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 164. ..Category: Procedural Law | Date: | Hits: 94
Silver Estate Ltd. Vs. Abdul Hakim Mia and others, 1991, 20 CLC (HCD)
....nying the material allegations and alleging inter alia that the defendant Nos. 2 and 4 are full brothers; that the defendant No. 4 used to reside at the village home and the defendant No. 2 started a business at 31, Bangshi Bazar, Dhaka for selling brass etc; that with the income of that business de......57; Madduria Chelly Vs. Babu Saheb, 52 IC 971; AIR 26 Mad 597; AIR 1961 Raj 196 and AIR 1973 SC 2457; Govinda Vs. Apathsahaya, AIR 1915 Mad 305; Nowab Meah Vs. Ezazuddin Ahmed, 13 DLR 554; Administrator of Wakfs Vs. Mst. Sahere Khatun, 28 DLR 238; Pitchayya Vs. Venkataramayya, AIR 1943 Mad 497; Jagg......the defendants over the title of the suit property. In that view of the matter cross‑objection filed by the respondent No. 1 is rejected. Ed. This Case is also Reported in: 43 DLR (1991) 360. ......the defendants over the title of the suit property. In that view of the matter cross‑objection filed by the respondent No. 1 is rejected. Ed. This Case is also Reported in: 43 DLR (1991) 360. ..Category: Civil Law | Date: | Hits: 92
Anika Ali Vs. Rezwanul Ahsan, 2011, 40 CLC (AD)
....on. This petition is dismissed with the above observations without, however, any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 77, 17 MLR (AD) (2012) 49. ......mmad Ershad Vs. State, 21 BLD (AD) 69; The State Vs. Metropolitan Police Commissioner, 60 DLR 660. Lawyers Involved: Md. Asaduzzaman, Advocate instructed by Syed Mahbubur Rahman, Advocate-on-Record-For the petitioner. A. F. Hasan Arif, Senior advocate (with Rafiqul Islam Miah, Senior advoca......th parents on a regular basis, except if it is contrary to the child’s best interests. 17. With regard to the applicability of provisions of international instruments, which have not been incorporated into our Municipal Law, reference may be made to the judgment of BB Roy Chowdhury J. in H......cle 3 of the CRC, which provides that in all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary consideration. Article 12 of the CRC prov..Category: Family Law | Date: | Hits: 327
Bangladesh Vs. Md. Abdul Alim and others, 2010, 39 CLC (AD)
.... and the respondents within 2(two) weeks thereafter to make the appeals ready. The appeals are fixed for hearing on 22nd February, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 185.......) Md. Nurul Islam and others-Respondents. (In Civil Petition No.1304 of 2010.) Mohammad Shahinul Islam Chowdhury and others-Respondents (In Civil Petition No.1305 of 2010.) Mahbubey Alam, Attorney General, instructed by Mrs. Sufia Khatun, Advocate-on-Record- For the Petitioners (In all the ...... and the respondents within 2(two) weeks thereafter to make the appeals ready. The appeals are fixed for hearing on 22nd February, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 185....... and the respondents within 2(two) weeks thereafter to make the appeals ready. The appeals are fixed for hearing on 22nd February, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 185...Category: Administrative Law | Date: | Hits: 188
Amina Khatun & others Vs. M/s. Quickways Agency, 1990, 19 CLC (HCD)
....site party and the owner of the cargo who, were necessary parties had not been impleaded in this case, Manu Mia was a casual labour or the daily wages basis and the accident did not take place in the business area of the opposite party. 4. The Commissioner after considering the evidence and mater......espondent. Judgment August 6, 1990. Case Referred to- Aftab Flur and Allied Industries Ltd. Vs. Mst. Nasim Akhtar, 16 DLR (WP) 199. Lawyers Involved: Sk. Zulfiqur Bulbul Chowdhury for Farmanullah Khan, Advocates ‑ For the Appellants. Not represented-the Opposite Party. App......e first proviso to section 30 of the Act. There is no substance in this appeal. The appeal is summarily dismissed. No order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 325. ......e first proviso to section 30 of the Act. There is no substance in this appeal. The appeal is summarily dismissed. No order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 325. ..Category: Labour and Industrial Law | Date: | Hits: 98
Haque and Company Limited Vs. M/s. Western Soap Factory and others, 1990, 19 CLC (HCD)
.... a trader has registered a mark for an entire class, and many years after registration, it is proved that he has never used the mark. in connection with a particular article in that class, though his business included the sale of that article under other trade‑marks, the register may be rectified,......aque and Company Limited having its registered Office at 85/A, New Eskaton Road, Dhaka‑2 ..................................................................Petitioner Vs. M/s. Western Soap Factory and others .............Respondents. Judgment April 4, 1990. Cases Referred to- Chi......in favour of the respondent No. 1 is set aside and the Trade Mark Registry be rectified accordingly. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 304. ......in favour of the respondent No. 1 is set aside and the Trade Mark Registry be rectified accordingly. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 304. ..Category: Intellectual Property Law | Date: | Hits: 219
.... by the defendant in court for making a reference to the Arbitrator on the allegations, inter alia, that the plaintiff is a limited company incorporated under the Companies Act 1913, which carries on business of manufacturing and selling of cotton textile goods, that the plaintiff company along with...... is also Reported in: 43 DLR (1991) 286.
......ement contained in the insurance policies in suit be filed by the defendant in court for making a reference to the Arbitrator on the allegations, inter alia, that the plaintiff is a limited company incorporated under the Companies Act 1913, which carries on business of manufacturing and selling of c......lt this appeal is allowed and the suit is dismissed. In view of 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) 286.
..
Category: Alternative Dispute Resolution | Date: | Hits: 170
....ed to sell to the purchaser for a total consideration of Tk. 40,50,000/‑ the industrial unit M/s Ferdous Tannery located at Hazaribagh, PS Mohammadpur, District Dhaka having its principal office of business at Hazaribagh, PS Mohammadpur, Dhaka, "together with its existing assets" and liabilities o......Reported in: 43 DLR (1991) 256.
......formance of contract is dismissed.
There will, however, be no order as to costs. Let the lower Court's records be sent down immediately.
Ed.
This Case is also Reported in: 43 DLR (1991) 256.
......formance of contract is dismissed.
There will, however, be no order as to costs. Let the lower Court's records be sent down immediately.
Ed.
This Case is also Reported in: 43 DLR (1991) 256.
..
Category: Property Law | Date: | Hits: 73
Md. Riaz Uddin Khan and another Vs. Mahmudur Rahman and others, 2010, 39 CLC (AD)
....ews reporter of a newspaper published in Corpus christi, Texas. The County court had before it a forcible detainer case, Jackson Vs. Mayes, whereby Jackson sought to regain possession from Mayes of a business building in Corpus Christi which Mayes (who was at the time in the armed services and who......s Vs. The State of Maharashtra, AIR 1971 SC 221; Brahma Prakash Sharma's Case, (AIR 1954 SC 10); C.K. Daphtary V.O.P. Gupta. AIR 1971 SC 1132; Vinay Chandra Mishra, AIR 1995 SC 2348; Bridges Vs. California, 314 U.S. 252 (1941); Pennekamp Vs. State of Florida, 328 US 331-372, pennekamp Vs. Florida, 3......of Tk. 100/-, in default, to suffer simple imprisonment for 1(one) day. They respondent No.2 is let off the charge with the above observations. This Case is also Reported in: 8 LG (AD) (2011) 122. ......of Tk. 100/-, in default, to suffer simple imprisonment for 1(one) day. They respondent No.2 is let off the charge with the above observations. This Case is also Reported in: 8 LG (AD) (2011) 122. ..Category: Criminal Law | Date: | Hits: 124
Shoaib (Md.) Vs. Uttara Bank Ltd. and another, 1990, 19 CLC (HCD)
....Corporation Ltd. After dis‑investment this Uttara Bank was incorporated under the Companies Act, 1913 with the former shareholders as subscribers and a Vendor's Agreement was signed taking over the business of the Uttara Bank. Uttara Bank Ltd. published a prospectus in the Bangladesh Observer on 2......ed, 26 DLR 303; United Manters and Traders Ltd. Vs. Md. Mosharaf Hossain Khan, 34 DLR 345; M/s. Anath Bandhu Guha & Sons Ltd. 7 PLR (Dac) 159. Lawyers Involved: Fida M Kamal, Advocate ‑ For the Petitioner. M Nurullah with M Shafiullah, Advocates- For the Respondents. Matter No. 5 ......reviously Eastern Banking Corporation Ltd.) in respect of 969 shares of the petitioner. 2. It is stated in the application that the respondent No.1 in the name of Eastern Banking Corporation was incorporated as Public Limited Company under the Companies Act in the then East Pakistan with its regi......rtificates and original instruments of transfer of share on furnishing the photo copies of the same duly certified by the learned Advocate. Ed. This Case is also Reported in: 43 DLR (1991) 329. ..Category: Company Law | Date: | Hits: 175
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