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Abdur Rashid Chowdhury Vs. CA Hamid and Co. Ltd. and others, 2005, 34 CLC (HCD)
....he register of members of the company. Respondent No.2, Registrar, is directed to rectify the share register of the company, accordingly. Ed. This Case is also Reported in: 57 DLR (2005) 148. ......mpany CA Hamid and Company Limited was incorporated on 20‑6‑69 under the previous Companies Act, 1913. Under article 47 of the articles of association, the petitioner and respondent No.3, who are full brothers, were permanent directors of the company. 18. It appears from the registry of notic....... As only director Abdul Hamid Chowdhury, respondent No.3, was present, there was no quorum of the meeting and the meeting could not be held and no business could be considered in accordance with the agenda. 21. Then, by notice dated 3‑8‑99 and 5‑10‑99 said respondent No.3 called meeting..Category: Company Law | Date: | Hits: 232
SMA Matin Sarker Vs. Bangladesh Jute Mills Association and another, 2004, 33 CLC (HCD)
....judgment be sent to the Secretary, Ministry of Law, for his perusal and necessary action and the Secretary, Law Reforms Commission, Dhaka. Ed. This Case is also Reported in: 57 DLR (2005) 128. ......d filed an affidavit‑in‑opposition contending that the respondent is an Association and registered as a non-profitable Association. It has been formed mainly for philanthropic purposes and having full knowledge about it the petitioner ought not to have filed the present application for winding u...... 259=39 DLR (AD) 201; Fardous Chowdhury Vs. Bangladesh and others, 3 BLC (AD) 213; Ibrahimi Vs. West Bourne Galleries Ltd. and others 1973 Appeal Cases, House of Lords 360; Mazharul Hoque Vs. Bulk Management (Bangladesh) Ltd. and others, 1996 BLD 575= 48 DLR 453; Nizamul Huque Vs. Singa-Bangla Garme..Category: Employment/Service Law | Date: | Hits: 144
....already been deducted earlier, on account of pension.
In the result, this Rule Nisi is made absolute but without any order as to costs.
Ed.
This Case is also Reported in: 57 DLR (2005) 113.
......n receivable by them in each month but since the petitioner No.4 withdrew the total amount of his pension benefits, he was not entitled to receive any monthly pension, as such, he used to receive the full amount of his salary without any deduction on account of his pension.
3. In such circumstan......the members of the Judicial Service within the meaning of Article 152 of the Constitution and, as such, all the petitioners are the former public servants and had gone into retirement on reaching the age of superannuation. After such retirement, all the petitioners have been granted pension accordin..
Category: Employment/Service Law | Date: | Hits: 99
Al-Imran Ali and others Vs. Sudangshu Kumar Banik and others, 2004, 33 CLC (HCD)
....2001 is hereby set aside. Since it is a long pending suit the trial Court is directed to dispose of the same as expeditiously as possible. Ed. This Case is also Reported in: 57 DLR (2005) 106....... the Order VIII of the Code every allegation of fact in the plaint and the plaintiffs' case shall be taken to be admitted by defendant No.30. Plaintiffs' witnesses were examined and cross-examined in full on 14-12‑1985. Thereafter on 17‑6‑2001 defendant No.30 filed a petition for substitutio......e has to file a petition stating reason why he failed to say these things in the original written statement and what excuse there is for allowing him to file an additional written statement at that stage. Then, the other side has to be given an opportunity to oppose the petition and to contend why s..Category: Property Law | Date: | Hits: 50
Lalit Kumar Roy and 2 others Vs. Krishnapada Biswas & others, 2002, 31 CLC (HCD)
....held. Order of status quo as granted at the time of issue of the Rule on 16-8-99 is recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 57 DLR (2005) 80. ......by way of inheritance. Her rights to the estate are absolute but only subject to certain restrictions on her right to alienation, and subject to devolving of the estate upon the next heir of the last full owner upon her death. The restrictions of her power of alienation are however inseparable from ......was obtained by the plaintiffs upon making a revision application under section 115 of the Code of Civil Procedure against judgment and decree dated 8‑7‑99 passed by Additional District Judge at Bagerhat in Title Appeal No.275 of 1995 reversing those dated 22‑8-95 of the Subordinate Judge, C..Category: Property Law | Date: | Hits: 64
.... hence, of no legal effect. The Appellate Tribunal is hereby directed to dispose of the appeals in accordance with law as early as possible.
Ed.
This Case is also Reported in: 57 DLR (2005) 74.
......ppointment. And article 4(12) requires the performance bond to be of Taka two crore. Article 12 of the Order also empowers the Customs Authority to encash any such bank guarantee either in part or in full and even forfeit them on ground of negligence or misconduct causing loss in revenue or injury t......d, the facts of Writ Petition No.4454 of 2002 could be stated. The petitioner, Intertek Testing Services (BD) Ltd. is a company duly incorporated in Bangladesh under the Companies Act, 1994. It is engaged in the inspection and survey of export and import cargoes. The company was appointed one of the..
Category: Fiscal/Taxation Law | Date: | Hits: 122
Abdur Razzaque (Md) Vs. State, 2003, 32 CLC (HCD)
....ly, accused-appellant Abdur Razzaque is sentenced thereunder to suffer RI for ten (10) years. Send down the lower Court records at once. Ed. This Case is also Reported in: 56 DLR (2004) 510. ......the learned Assistant Attorney General appearing for the State, on the other hand, submits that in the facts and circumstances of the case and the evidence on record, the learned Special Tribunal was fully justified in convicting and sentencing the accused appellant on a charge of rape of a minor ......) Ain, 1995 and sentencing him thereunder to suffer imprisonment for life. 2. Broad facts relevant for the purpose of the case are that, on the night following on 3‑10‑97 victim Mazeda Khatun, aged about 16 years and studying in Class Six in the local school, was sleeping along with her minor..Category: Criminal Law | Date: | Hits: 94
Md. Abdul Bari and others Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
.... The Rule, therefore, fails. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 27; 30 BLD (HCD) (2010) 465. ......ade only by following a proper procedure for selection and in cases concerned, in consultation with the Public Service Commission. Therefore, the theory of legitimate expectation cannot be successfully advanced by temporary, contractual or casual employees. It cannot also be held that the Stat...... Dr. AK Jain Vs. Union of India, 1987 (Supp) SCC 497; Talekhai Progressive Fishermen Co-operative Society Limited Vs. Bangladesh, 1981 BLD (AD) 103; Hazerullah Vs. Assistant Commissioner, Board of Management of Abandoned Property, 55 DLR (AD) 15; Yunus Mia Vs. Secretary, Ministry of Public Works &am..Category: Employment/Service Law | Date: | Hits: 145
Sheikh Hasina Wazed @ Sheikh Hasina Vs. State and another, 2010, 39 CLC (HCD)
....giving able assistance to this Court in the matter of disposing the rule in an effective manner. Send down the Lower Court records. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 40. ......rs to trial, it must be satisfied that allegations contained in the report, if proved, would constitute an offence and establish that accused was offender. This act of taking cognizance being un-doubtfully a judicial act of the Court operating to the prejudice of the alleged offender, the Court is r......t and to earn money for themselves have created an opportunity for the NIKO Resources a foreign company. On this allegation one MM Shabbir Hassan, Deputy Director, Anti-Corruption Commission was engaged to hold inquiry by the Anti-Corruption Commission and on inquiry he came to know that due to na..Category: Criminal Law | Date: | Hits: 126
Dr. Mohiuddin Farooque and another Vs. Bangladesh, 1997, 26 CLC (HCD)
....ance with the directions made above. Having regard to the facts and circumstances of the cases, there will be no order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 84. ......rofessions and properties. The ‘FAP-20’ have been undertaken violating the laws of the land including the National Environment Policy, 1992. Scope of the so-called land acquisition matters, if lawfully applied, only relate to a small number of people and lands i.e. 210 hector compared to the tot......, 1997. Result: The Rules are made absolute-in-part. Cases Referred to- United States of America Vs. Iska W Carmack, 329 US 230-248 (91 Law Edition) of United States Supreme Court Report page 209; Dr. Mohiuddin Farooque Vs. Bangladesh and others, 1995 49 DLR (AD) 1 = 1997 BLD (AD) 1; Olg..Category: Environmental Law | Date: | Hits: 1051
Nur Mohammad Fakir Vs. Bangladesh, 1997, 26 CLC (HCD)
....on all the three Rules are discharged without any order as to cost. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 71. ......evant and acceptable. The learned Advocate has referred to paragraph 63 of the aforesaid decision, the relevant portion of which is as follows: “Subordinate legislation has, if validly made, the full force and effect of a statute and this is so whether or not the statute under which it is made ......tion, District Joypurhat. The respondent No.1 is the authority to appoint Nikah Registrar and/or to grant permanent licence of the Nikah Registrar as per the provision of section 4 of the Muslim Marriage and Divorce (Registration) Act, 1974. It has been stated that on the occurrence of a vacancy in ..Category: Civil Law | Date: | Hits: 90
State Vs. Md. Jamaluddin, 1997, 26 CLC (HCD)
....ld and he is sentenced to suffer imprisonment for life and also to pay fine of Taka 1000.00 in default to suffer RI for one year more. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 67. ......ld and he is sentenced to suffer imprisonment for life and also to pay fine of Taka 1000.00 in default to suffer RI for one year more. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 67. ......njury show injury of all muscles blood vessel, trachea, aesophagus V column, spinal cord, etc. with presence of ante mortem clotted blood antemortem. In his opinion, death was due to shock and hemorrhage as result of abovementioned injury which was ante mortem. Circumstantial evidence will prove whe..Category: Criminal Law | Date: | Hits: 72
Jahanara Hasan and another Vs. Md. Nazrul Islam & another, 1997, 26 CLC (HCD)
....ned order. In the result, the Rule is discharged. There will be no order as to costs. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 65. ......an is the petitioner before this Court. She instituted SCC Case No.92 of 1990 for ejectment of defendant Nos. 1 and 2 (tenant opposite parties) i.e. Md. Nazrul Islam and Md. Sirajul Islam, two of her full brothers, from the suit premises, in the Court of Senior Assistant Judge, 3rd Court and SCC Dha......his is a simple communication of defendant No.1 to his sister i.e. plaintiff as to his inability to run the business himself. The defendant No.1 is deriving no pecuniary benefit from the change of management of the business and the most important aspect is that had it been a case of sub-letting, as ..Category: Property Law | Date: | Hits: 64
Hakim Ullah Vs. Mutaleb and others, 1996, 25 CLC (HCD)
....cord and the appeal be heard on merit in accordance with law as if it were presented within time. There will be no order as to costs. Ed. This case is also Reported in: 49 DLR (HD) (1997) 118.......f parties as the pre‑emptor did not make 16 persons as parties as specifically named in paragraph 8 of the written objection in the case who are co-sharers of the said holding. The pre‑emptor had full knowledge about the transfer and he has offered to purchase the case land but he refused to pur......on in the case who are co-sharers of the said holding. The pre‑emptor had full knowledge about the transfer and he has offered to purchase the case land but he refused to purchase the same for shortage of money and as such, the petitioner purchased the case land. 7. By the judgment and order da..Category: Procedural Law | Date: | Hits: 70
M R Sikder Vs. Bangladesh Water Development Board, 1996, 25 CLC (HCD)
....s application. The Rule is accordingly discharged without any order as to costs. The order of stay passed earlier is hereby vacated. Ed. This case is also Reported in: 49 DLR (HD) (1997)113. ...... 2. The short fact leading to this Rule is that the Present petitioner had a contract with the opposite Party in respect of embankment work at Patenga, Chittagong. While the said work was going in full swing a devastating cyclone occurred on 20-4-91 causing serious damage to the project and loss ......r had a contract with the opposite Party in respect of embankment work at Patenga, Chittagong. While the said work was going in full swing a devastating cyclone occurred on 20-4-91 causing serious damage to the project and loss to the petitioner which adversely affected the continuation of the contr..Category: Alternative Dispute Resolution | Date: | Hits: 245
Faiz Ahmed Chowdhury Vs. Arif Ahmed, 1994, 23 CLC (HCD)
....order as to costs. The stay granted earlier by this court is hereby vacated. Communicate this order to the court concerned at once. Ed. This case is also Reported in: 49 DLR (HD) (1997) 89.......tween the plaintiff and the defendant, that the plaintiff has no right, title or interest in the suit property. The further case of the defendant is that Nibaron Chandra and Harendra Chandra, the two full brothers, were in joint mess and property who jointly took settlement of the suit property from......relief claimed by him in a Court of Small Causes depend upon the proof or disproof of a title to immoveable property or other title which such a court cannot finally determine, the Court may at any stage of the proceedings return the plaint to be presented to a Court having jurisdiction to determine..Category: Property Law | Date: | Hits: 59
Sharifuddin (Md.) Vs. Md. Mofizuddin Sarker and others, 1994, 23 CLC (HCD)
....s. The authority concerned is directed to take expeditious step for holding re-election in view of the term office of the chairman. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 86. ...... a member if‑ (a)………… ………. ………. (b)………… ………. ………. (c)………… ………. ………. (d)………… ………. ………. (e) he holds any full‑time office of profit in the service of the Republic or of the Union Parishad or of any other......nt (Union Parishads) Ordinance, 1983 and was a defaulter in payment of the loan taken from Sonali Bank, Muktagacha Branch. The allegation was enquired into and by memo No.516 dated 8‑12‑91 the Manager of the said branch informed that outstanding dues is there against the name of opposite party N..Category: Election Law | Date: | Hits: 148
Humayuun@ Humayun Bepari Vs. The State, 2011, 40 CLC (HCD)
....ally and mentally. The informant gave Tk. 30,000/- to the accused Humayun considering the welfare of his sister but the accused Humayun is a man of bad character and had illicit relation with another woman which Hanufa Akhter protested and for this accused Humayun assaulted her physically and also t......r more. (2) The convict-appellant is entitled to get the benefit of Sub-Section (1) of Section 35A of the Code of Criminal Procedure. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 307. ......he prosecution case, in brief, is that one Md. Abdul Ali lodged an ejahar with Motlob Police Station, District-Chandpur on 4.4.95 alleging, inter alia, that his sister Hanufa Akhter was given in marriage with accused Humayun about 4 years ago. Accused Humayun, since the marriage, created pressure up..Category: Criminal Law | Date: | Hits: 112
.... stay. This is also a good ground for not granting stay of the suit.
For the foregoing reasons this appeal is dismissed with costs.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 138.
......ract. In the plaint it has been clearly mentioned that the cause of action of the suit arose when the termination agreement on 3-2-76 was entered into, and on 28-4-76 when the plaintiff submitted the full statement of expenditure and all subsequent dates giving rise to other causes of action, sequel......ruction Company Ltd., instituted Money Suit No.142 of 1976 in the 3rd Court of Sub-ordinate Judge, Chittagong against the Appellants and Respondent 2, the People's Republic of Bangladesh, claiming damages of Tk.84 and odd lacs. The plaint case is that Respondent 1 was employed by Appellants in the y..
Category: Alternative Dispute Resolution | Date: | Hits: 161
Abu Taleb Vs. State, 1988, 17 CLC (HCD)
....e set at liberty forthwith, if not wanted in connection with any other case. Let the lower Court records be sent down immediately. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 239.......re are many discrepancies and contradictions shaking the very foundation of the case against the accused appellant. From the confessional statement itself it is found that the maker has not given a full disclosure and free account of the occurrence in order to satisfy the Court that he was reall......accused recorded after keeping a person under police custody for a long time loses its voluntariness, the learned Advocate has relied on case of Safar Ali and others Vs. The State reported in 36 DLR page 185 wherein it has been found: "Prolonged Police custody immediately preceding the making o..Category: Criminal Law | Date: | Hits: 84
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