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Bengal Water Ways Ltd & Another
....3), Section 162. Winding up of Private Company It is well settled principle that a private limited company can, if circumstances so permit, be would up on the principles of dissolution of a partnership firm……………….(30) Exclusion of director or ......estment Corporation (PICIC). The creditor Shilpa Rin Sangstha filed an application for winding up the company, as it become unable to pay the debt but it was ultimately compromised on an assurance of payment of monthly instalments, which were however not fully paid. In the circumstances, respondent ......equivalent to Tk. 2,40,65,816/40 at the conversion rate prevailing on 31-12-80 and that respondent No. 2 might be allowed to enforce the securities as provided in Law and realise its dues against the loan given to the appellant company. 19. Leave was granted to the appellants to examine the que..Category: Corporate Law | Date: 8 Jul, 1981 | Hits: 0
Nazera Begum Vs. Motahar Ali Miah being dead, his heirs, Faruk Mia & others, 1981, 10 CLC (HDC)
....vocate Vs. Registrar, High Court East Pakistan, reported in 19 D.L.R. (SC) 483 it was held that "Meaning must be given to every word in a statute reading its provision as a whole in a fair and impartial manner in the ordinary and general sense". In A. G. Maline Vs. the State, 19 D.L.R. 381......Ļā§ āĻĢā§āĻ°ā§ āĻāĻŦāĻ˛āĻž āĻĻāĻ˛āĻŋāĻ˛ āĻ°ā§āĻāĻŋāĻˇā§āĻā§āĻ°āĻŋ āĻāĻ°āĻŋā§āĻž āĻĻāĻŋāĻŦ”āĨ¤.........(4) In the instant case the general expression with regard to the time for payment of consideration for the reconveyance, within 4 (four) years, 'appears to be in conflict......ourts below are hereby affirmed. As no one appears on behalf of the respondent, there will be no order as to costs. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 49 ..Category: Contract Law | Date: 30 Jun, 1981 | Hits: 2
Pubali Bank Vs. Bangladesh Agricultural Development Corporation and another, 1981, 10 CLC (HCD)
....e between the purchaser and the supplier whether in respect of the performance of the contract or otherwise. On an allegation made by the purchaser that there has been a failure of performance on the part of the supplier, the bank is bound unconditionally to pay the amount on demand. The only condit......refusing to comply contending that the contract failed due to circumstances beyond the seller's control--Whether bank liable to encash the guarantee. The bank has agreed to make an unconditional payment on demand without any further question and without reference to the contractor. The words &q...... the case parties are made to bear their own casts in this appeal. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 104, 2 BLD (HCD) (1982) 17. ..Category: Banking Law | Date: 30 Jun, 1981 | Hits: 2
....t No. 7) were also directed to file affidavits explaining the facts and circumstances leading to the escape of the detained trawler. In obedience to the court's order affidavits were filed by the parties concerned.
4. We propose to take up the affidavits one by one for consideration. The af......er.
Communicate the order to the Court concerned expeditiously.
Abdul Matin Khan Chowdhury J.—I agree
Ed.
This Case is also Reported in: 34 DLR (HCD) (1982) 23
......er.
Communicate the order to the Court concerned expeditiously.
Abdul Matin Khan Chowdhury J.—I agree
Ed.
This Case is also Reported in: 34 DLR (HCD) (1982) 23
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Category: Fiscal/Taxation Law, Procedural Law | Date: 17 Jun, 1981 | Hits: 2
Registrar, University of Dacca Vs. Dr. Sajjad Hossain And University of Dacca, 1981, 10 CLC (AD)
....d conjunctively so that conduct or activity which was not in exercise of power or in discharge of duty of a government servant falls outside the purview of Art. 5(b)— Art. 5(b) is in three parts, the first part deals with collaboration, the second part deals with the of ideology of Pakist......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 ......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 ..Category: Administrative Law | Date: 30 Apr, 1981 | Hits: 67
M/S Subarna Trading Co. Ltd Vs. M/S Overseas Traders, 1981, 10 CLC (HCD)
....306 Of 1979 affirming those dated 30.7.79 passed by the learned Subordinate, Judge, 3rd Court Dacca, in Misc. Case No.273 of 1978 arising but of Title Suit No. 140 of that Court. 2. The opposite party as plaintiff filed the suit against the petitioner for ejectment. The petitioner filed written......unt has been already set in Court pursuant to a previous order of this Court which may be withdrawn by the plaintiff. 5. The result, therefore, is that this rule is made absolute on condition of payment of Tk. 400/- to plaintiff opposite party which the plaintiff opposite party will be at liber......pt of order of this Court. The hearing of the suit must be fixed after intimation of the arrival of the records to the parties. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 142. ..Category: Civil Law, Procedural Law | Date: 10 Mar, 1981 | Hits: 1
Dacca Municipal Corporation Vs. Sonali Bank and Ors., 1981, 10 CLC (AD)
.... for direction on the Dacca Municipal Corporation to comply with the provisions of the Model Tax Schedule, under section 35 of the Municipal Administration Ordinance, 1960. It is admitted by both the parties that the Government had directed by notification that the levy of Municipal Tax an......lected. Section 10 was omitted by East Pakistan Ordinance No. XXIV of 1961. Section 12 was originally enacted as follows: "72. (1). If any municipality makes default in the collection or payment to the Provincial Government of any sum due In respect of the Urban Immovable Property Tax, ......r of the High Court Division is set aside and Writ Petition No. 135 of 1980 is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 470 ..Category: Administrative Law, Fiscal/Taxation Law | Date: 10 Mar, 1981 | Hits: 111
Chairman, National Board of Revenue & Others Vs. Md. Jahurul Hoque, 1981, 10 CLC (AD)
....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. ......ervice was terminated. Incidentally, in the appointment letter it was stipulated that service may be terminated without assigning any reason by giving notice for a period of not less than 14 days, or payment in lieu thereof. 6. The High Court Division took the view that once he was appointed th......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. ..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)
.... the respondent was asked to submit return for the omitted portion of the holding,-with dimension, date of construction and measurement of capacity. The respondent accordingly submitted the requisite particulars and subsequently being asked for, respondent furnished more particulars. Thereafter Taxa......ion of the holding and the same escaped assessment The respondent then received the impugned Notice being process No. 2823 dated 18.5.73, issued by the Assessing Officer, Narayanganj Range, demanding payment of Tk. 80,165/- as Urban Immovable Property Tax for the years 1957-58 to 1971-73. Respondent......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 ..Category: Fiscal/Taxation Law | Date: 22 Jan, 1981 | Hits: 0
Abul Hashem @ Abul Hasem Talukder Vs. Administrator of Waqfs & others, 1981, 10 CLC (HCD)
....em @ Abul Hasem talukder……………….Petitioner Vs. Administrator of Waqfs & others…………………..Opposite parties Judgment January 13, 1981. Result: The Rule is made absolute. Lawye......ree to move the learned Munsif in O.C. Suit No. 5/77 to proceed with the disposal of the temporary injunction matter and the suit. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 63 ......ree to move the learned Munsif in O.C. Suit No. 5/77 to proceed with the disposal of the temporary injunction matter and the suit. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 63 ..Category: Trust/Waqf Law | Date: 13 Jan, 1981 | Hits: 1
Goutam Ranjan Sen & others Vs. Bangladesh & others, 1981, 10 CLC (AD)
....tiff cannot get any relief, but then since she title has become eclipsed and not extinguished the suit cannot be dismissed either. In this view of the matter, the contention of Mr. Chowdhury succeeds partially. 4. In the result the appeal is allowed in part, in that, the decision of the High Co......sts. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 126 ......sts. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 126 ..Category: Property Law | Date: 8 Jan, 1981 | Hits: 2
Dr. Nurul Islam Vs. Bangladesh & Others, 1980, 9 CLC (AD)
....he appellant mentioned that those doctors voluntarily retired because they obtained lucrative jobs in foreign countries. 12. The learned Judges of the High Court Division, after hearing the parties, discharged the Rule on July 29, 1980. It was held, inter alia, that (i) the Act had apparen......all not be entitled to any pension or other retirement benefits, except his subscriptions to any provident fund and the interest thereon, till the determination of such proceedings, and the payment to him of any pension or other retirement benefits shall be subject to the finding......ts. The decision of the High Court Division is set aside and the impugned order declared to be of no lawful authority. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 140 ..Category: Administrative Law, Employment/Service Law | Date: 9 Dec, 1980 | Hits: 6
Shamuj Ali & Others Vs. Kamalar-Ma Bibi & Others, 1980, 9 CLC (AD)
.... 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 wil...... would have occupied but for such decree or such part thereof as has been varied or reversed; and for this purpose, the Court may make any orders, including orders for the refund of costs and for the payment of interest, damages compensation and mesne profits, which are properly consequential o......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 ..Category: Civil Law, Procedural Law | Date: 26 Nov, 1980 | Hits: 2
Sudhangshu Kumar Chowdhury & Another Vs. Md. Ali Hossain & Others, 1980, 9 CLC (AD)
....odian of Enemy Property and others on the allegations that they have taken settlement of the disputed premises from Shakti Benode on behalf of three brothers and their mother Snehalata, and got an ex-parte decree of permanent injunction. Proforma-defendant 3 was not impleaded in the said suit. The d...... 1966 at the rate of Tk. 17.50 paisa in respect of the suit premises in the Court of House Rent Controller in the name of Custodian, Enemy Property and Shakti Benode and others and thereafter stopped payment of rent to Court also. The plaintiffs served quit notice under section 106 of the Transfer o......e Judge was justified in decreeing the suit. The appeal is therefore dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 128;46 DLR (AD) (1994) 151 ..Category: Civil Law, Procedural Law | Date: 26 Nov, 1980 | Hits: 1
Md. Hazrat Ali Vs. Chairman, Bagladesh Chemical Industries Corporation & another, 1980, 9 CLC (HCD)
....made absolute. An employee of a statutory corporation is a State employee An employee of a corporation set up by a Presidential Order having the force of law is an employee under the State, particularly when the definitions of State and statutory public authority given in Art. 152(1) of th......n 4 charges in the following; (1) The petitioner advanced a loan of Tk. 20,000/00 to M/S. S.A. Shakur and Co. of Natore Road, Rajshahi without authority on 5.3.74. (2) The petitioner made a payment of Tk. 11,500/00 to the President of the Sramik League of Rajshahi Division without authorit......sent case it would appear that the authority of the Chemical Industries Corporation dismissed the petitioner in the present case on 4 charges in the following; (1) The petitioner advanced a loan of Tk. 20,000/00 to M/S. S.A. Shakur and Co. of Natore Road, Rajshahi without authority on 5.3...Category: Constitutional Law, Corporate Law | Date: 21 Nov, 1980 | Hits: 2
....was subject to renewal on the expiry of the lease period of 3 years, that is, 16th September, 1976 only at the option of the lessors. The lease was on the basis of a written agreement executed by the parties about one year before the requisition the lessee by a letter dated May 29, 1979 requested th......a fide and contending inter alia that the house was requisitioned out of necessity for a public purpose, that is, for providing accommodation to a government office, when the lessors pressed for payment at an exhorbitant rate of rent.
5. The High Court Division dismissed the writ petition ......e and the impugned order of requisition is declared to have been issued without any lawful authority. We make no order as to costs.
Ed.
This Case is also Reported in: 1 BLD (AD) (1981) 75
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Category: Civil Law, Property Law | Date: 6 Nov, 1980 | Hits: 2
Mrs. Winifred Rubie & others Vs. Bangladesh & others, 1980, 9 CLC (HCD)
....t an order passed by the Additional Deputy Commissioner, Land Acqusition, Dacca on 19-7-77 requisitioning the premise at 85 Kakrail, Dacca for the acconmodation of Little Flower School. 2. Apart from various allegations of mala fide for causing this requisition, the only important question...... having no legal effect. Accordingly, this rule is made absolute. There will be no order as to costs. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 30. ...... having no legal effect. Accordingly, this rule is made absolute. There will be no order as to costs. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 30. ..Category: Public Interest Litigation | Date: 11 Sep, 1980 | Hits: 7
Nurunnessa & others Vs. Babar Ali Bepari & Others, 1980, 9 CLC (AD)
....n of the then Pakistan in Calcutta is a valid document in Bangladesh which could be acted upon. Facts in short are that the plaintiff Haji Abdul, Karim migrated to the then East Pakistan in the later part of 1957 B.S. The suit lands originally belonged to Bhattacharjees who orally settled the 'K......rney in the manner indicated above and in accordance with law. We, however, make no order as to costs, Ed. This Case is also Reported in: 1 BLD (AD) (1981) 86 ......rney in the manner indicated above and in accordance with law. We, however, make no order as to costs, Ed. This Case is also Reported in: 1 BLD (AD) (1981) 86 ..Category: Civil Law, Procedural Law | Date: 27 Aug, 1980 | Hits: 3
Messrs Ahmed & Sons Vs. Messrs Eastern Technique & others, 1980, 9 CLC (HCD)
....hir Sen J Messrs Ahmed & Sons………………….Petitioner Vs. Messrs Eastern Technique & others…………. Opposite parties Judgment August 6, 1980. Result: The application is rejected. Case ......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 ......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)
....6; Maruti & others Vs. Rang-anath,AlR 1955 Hydl. Lawyers Involved: Raflqul Huq with Md. Aminul Huq, Advocates -For the Petitioners. SR. Pal with S.K. Sinha, Advocates -For opposite party No.1. Civil Revision 1482 of 1979 Judgment Amirul Islam Chowdhury J.— Thi......ed order calls for no interference by this Court. The rule is accordingly discharged without any order as to cost. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 25. ......ed order calls for no interference by this Court. The rule is accordingly discharged without any order as to cost. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 25. ..Category: Civil Law, Procedural Law | Date: 6 Aug, 1980 | Hits: 1
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