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Md. Alimuzzaman Khan Vs. Mohammad Golam Kibria, 2006, 35 CLC (AD)

....aterials on record arrived at a correct decision. We find no cogent reason to interfere with the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. ......aterials on record arrived at a correct decision. We find no cogent reason to interfere with the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. ......rms and conditions. The plaintiff accepted the offer and joined his service on 16.03.1988. The plaintiff also challenged that before his appointment an audit was held in the office of the Defendant Company and the auditor found some corrupt and irregular activities and submitted a report and the ..

Category: Employment/Service Law | Date: | Hits: 82

Farida Akhter and others Vs. Bangladesh, 2005, 34 CLC (AD)

....ng the cause of democracy through a process which could not be termed as undemocratic. In the result, the petitions are dismissed. Ed. This Case is also Reported in: 11 MLR (AD) (2006) 237. ......ases Referred to- Dr Ahmed Hossain vs Bangladesh and others 44 DLR (AD) 109; Smt. Indira Gandhi vs Raj Narayan AIR 1975 SC 2275; Jibendra Kishora vs Province of East Pakistan, 9 DLR (SC) 21; Jalan Trading Company vs Mill Mazdoar Sabha AIR 1967 SC 69; Sheikh Abdus Sattar vs Returning Officer and o......erred to- Dr Ahmed Hossain vs Bangladesh and others 44 DLR (AD) 109; Smt. Indira Gandhi vs Raj Narayan AIR 1975 SC 2275; Jibendra Kishora vs Province of East Pakistan, 9 DLR (SC) 21; Jalan Trading Company vs Mill Mazdoar Sabha AIR 1967 SC 69; Sheikh Abdus Sattar vs Returning Officer and others 41..

Category: Constitutional Law | Date: | Hits: 221

Capt. (Retd.) B. Akram Ahmed Khan Vs. BD Oil, Gas & Mineral Resources Corpn. & or, 2006, 35 CLC (AD)

....is accordingly, allowed without any order as to costs, the connected Civil Petition No. 400 of 2003 is dismissed. Ed. This Case is also Reported in:  28 BLD (AD) 2008, 126. ......is accordingly, allowed without any order as to costs, the connected Civil Petition No. 400 of 2003 is dismissed. Ed. This Case is also Reported in:  28 BLD (AD) 2008, 126. ...... the petitioner was placed under the Ministry of Petroleum and Mineral Resource on 3-3-1980 for appointment on deputation as Manager of respondent No.2 i.e. Titas Gas Transmission and Distribution Company Limited. The Ministry of Petroleum and Mineral Resources was renamed as Ministry of Energy ..

Category: Employment/Service Law | Date: | Hits: 109

Paper Converting & Packaging Ltd. Vs. Govt. of the People’s Repub of BD and ors, 2006, 35 CLC (AD)

.... been accrued to the plaintiff-petitioner in respect of the same for any declaration or any permanent injunction as sought for in the instant suit. The petition is dismissed. Ed. ...... been accrued to the plaintiff-petitioner in respect of the same for any declaration or any permanent injunction as sought for in the instant suit. The petition is dismissed. Ed. ......he petitioner is a private limited company registered with the Registrar, Joint Stock Companies, Bangladesh on 8-9-1976. The defendant No. 5 promoted the petitioner as the Managing Director of the Company. The defendant No. 4, Messrs Marium Ltd, is a private limited company registered in early 1..

Category: Procedural Law | Date: | Hits: 93

Anwar Hossain Chowdhury Vs. Bangladesh, 1989, 18 CLC (AD)

....Petition No. 3 of 1989 is disposed of in terms of this Order. 6. There will be no order as to costs. Ed. This Case is also Reported in: (1989) BLD (Special Issue) 1, 41 DLR (AD) (1989) 165. ......Petition No. 3 of 1989 is disposed of in terms of this Order. 6. There will be no order as to costs. Ed. This Case is also Reported in: (1989) BLD (Special Issue) 1, 41 DLR (AD) (1989) 165. ......e Constitution. 18. The learned Counsel pointed out that even under the Martial Law dispensation the Admiralty ju­risdiction and the original jurisdiction of the High Court Division in respect of Company Matters were kept with the permanent Bench at Dhaka. Later when in January, 1985 a very limi..

Category: Constitutional Law | Date: | Hits: 1934

Abdul Mannan Bhuiyan & Others Vs. Monirul Huq and others, 1989, 18 CLC (AD)

....rt Division was correct in taking the view. In the result, the appeal is dismissed. No costs C.P. No. 310 of 1989 is also dismissed. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 116 ......rt Division was correct in taking the view. In the result, the appeal is dismissed. No costs C.P. No. 310 of 1989 is also dismissed. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 116 ......rt Division was correct in taking the view. In the result, the appeal is dismissed. No costs C.P. No. 310 of 1989 is also dismissed. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 116 ..

Category: Election Law | Date: | Hits: 128

Sheikh Abdus Sabur Vs. Returning Officer, District Education Officer-in-Charge, Gopalganj & others, 1988, 17 CLC (AD)

....the learned Attorney-General for making available all the books cited by the parties in this case. For the reasons, the appeal fails. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 30 ......e State of Punjab, AIR 1963, SC 22; The State of Bombay Vs. F. N. Balsara, AIR 1951, SC 318, S. 39, the Bombay Prohibition Act, 1949; Ram Krishna Dalmia vs. Justice Tendolkar, AIR 1958, SC 538; Jalan Trading Company vs. Mill Mazdoor Sabha, AIR 1967, SC 691; Anant Mills Vs. State of Gujrat, AIR 1975,......of Punjab, AIR 1963, SC 22; The State of Bombay Vs. F. N. Balsara, AIR 1951, SC 318, S. 39, the Bombay Prohibition Act, 1949; Ram Krishna Dalmia vs. Justice Tendolkar, AIR 1958, SC 538; Jalan Trading Company vs. Mill Mazdoor Sabha, AIR 1967, SC 691; Anant Mills Vs. State of Gujrat, AIR 1975, SC 134;..

Category: Election Law | Date: | Hits: 212

Haroon Moten Vs. Mahaluxmi Bank Ltd. & others, 1989, 18 CLC (AD)

....s of the same transaction by fraud and collusion will fall together being void ab initio. In the result, the appeal is dismissed with costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 8......s of the same transaction by fraud and collusion will fall together being void ab initio. In the result, the appeal is dismissed with costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 8................Respondents Judgment June 25, 1980. The Banking Companies Ordinance, 1962 (LVII of 1962), section 73 Legislative intent behind this special enactment appears to enable a Banking Company in liquidation to file a suit or making an application to protect its interests by overcomin..

Category: Banking Law | Date: | Hits: 103

Md. Naimuddin Sarder Vs. Md. Abdul Kalam, 1989, 18 CLC (AD)

.... with cost. The impugned judgment and decree of the High Court Division are set aside and those of the first ap­pellate Court restored. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 3. ...... with cost. The impugned judgment and decree of the High Court Division are set aside and those of the first ap­pellate Court restored. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 3. ......nt borgaders. Defendant No. 1 ap­pellant took borga settlement from the plaintiff and possessed the same on delivering plaintiffs share of the produce. The plaintiff being an employee of the Steamer Company very often remained away from his residence. Defendant No.1 refused to deliver plaintiffs sh..

Category: Property Law | Date: | Hits: 46

M/s. M. M. Ispahani Vs. Sonali Bank and others, 1983, 12 CLC (AD)

.... Directors of the Company by October, 1976." 8. So far as the rate of interest up to the date of filing the suit was concerned, the High Court Division relying on the case of Maridas Ramhordas vs. Mercantile Bank of India Limited, 447 ILR Bom 474 held that the rate of interest which was charged b...... the interest on this amount will be charged, at the rate of 12% from today till realisation. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 1. ......he plaint show that on November 29, 1974 plaintiff-respondent No. 1, Sonali Bank, (which I will call "The Bank") instituted the suit against the appellant, M. M. Ispahani Ltd. (which I will call "The Company"), and respondent Nos. 2-6 for recovery of the debt along with accrued interest amounting to..

Category: Civil Law | Date: | Hits: 110

Md. Motahar Hossain Khan Vs. Bangladesh Jute Mills Corporation, 1984, 13 CLC (AD)

....ad recorded such a finding. In this view of the matter the appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 282. ......ad recorded such a finding. In this view of the matter the appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 282. ......re lies the error with the ap­pellate Court below. The learned Single Judge noticed that the rulings in Mosharraf Hossain Chowdhury Vs. General Manager, Titas Gas Transmission and Distribution Company are not attracted in the facts and circumstances of the instant case rightly. The rule in t..

Category: Employment/Service Law | Date: | Hits: 92

Commissioner of the Income Tax Vs. Abdul Aziz, 1984, 13 CLC (AD)

....e result therefore this appeal is allowed. The judgment and order of the High Court Division is set aside. No costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 269. ......e result therefore this appeal is allowed. The judgment and order of the High Court Division is set aside. No costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 269. ...... The Income Tax Act, 1922 (XI of 1922) Section 15(1) (2) (3) (4) Sub-section (3) of section 15 gives exemption from tax. Bonus shares are "deemed to be income accruing to the Company during that year." If the bonus share is the income of the company, how an assesee cou..

Category: Fiscal/Taxation Law | Date: | Hits: 131

Radha Krishna Jogani (Agarwalla) Vs. Dwarka Das Agarawalla & others, 1983, 12 CLC (AD)

....upon taking such fresh evidence as may be neces­sary dispose of the suit on the amended plaint. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 253. ......upon taking such fresh evidence as may be neces­sary dispose of the suit on the amended plaint. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 253. ......long with its struc­tures and business. Averments made in the plaint are as follows: (a) The appellant with proforma-respondents 3 and 4 started a firm at Chuadanga in the name of Mahabir Cinema Company, each having one-third share, mainly to deal in showing of films and cinematograph; (b) ..

Category: Property Law | Date: | Hits: 99

Md. Mahmudul Haque @ Muhammadul Haque Vs. Md. Shamsul Alam, 1984, 13 CLC (AD)

....nsideration. In the result therefore this appeal is allowed. The order of the Courts below are set aside. No costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 179. ......nsideration. In the result therefore this appeal is allowed. The order of the Courts below are set aside. No costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 179. ...... Sales Depot. On charge of short supply and unauthorised deli­very of goods to one M/s Ally Bross of Rangpur the respondent was found guilty for misconduct. Acting under the instruction of the Company the appellant informed the respondent that he had been found guilty of misconduct in connec..

Category: Labour and Industrial Law | Date: | Hits: 115

Messers United Shipping Corpora­tion Limited Vs. W. H. Bennett and ors., 1984, 13 CLC (AD)

....;Baling, Narayanganj, (1975)27 DLR 170 AD. For the reasons stated above, the appeal is dismissed with costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 163. ......;Baling, Narayanganj, (1975)27 DLR 170 AD. For the reasons stated above, the appeal is dismissed with costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 163. ......ng, (1975) 27 DLR 170 AD; Rai Harendra Nath Chaudhury vs. Rai Sourindra Nath Chaudhury, 46 CWN 882 at p. 885; Mohinder Singn Jaggi vs. Data Ram Jagannath, AIR 1972 SC 1948; Mackinnon Mackenzie and Company Pvt. Ltd. vs. Anil Kumar Sen, AIR 1975 Cal 150; Laxmidas Dayabhai Kabrawala vs. Nanabhai Ch..

Category: Civil Law | Date: | Hits: 95

M/s. Gannysons Ltd. & another Vs. Sonali Bank & others., 1983, 12 CLC (AD)

....8 of 1981 pending in the 3rd Court of Subordinate Judge, Dhaka, be struck down. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 146. ......8 of 1981 pending in the 3rd Court of Subordinate Judge, Dhaka, be struck down. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 146. ......8 of 1981 pending in the 3rd Court of Subordinate Judge, Dhaka, be struck down. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 146. ..

Category: Property Law | Date: | Hits: 47

BD Inland Water Transport Cor­pn Vs. M/s. Seres Shipping Incorporated & ors., 1984, 13 CLC (AD)

.... in Bangladesh. Respondent No. 2 is the agent of respondent No. 1 in Bangladesh and res­pondent No. 3 is the agent of Protective and Indemnity Club. Respondent No. 4, namely, Principal Officer, Mercantile Marine Depart­ment, Chittagong is the Controlling Authority of the plaintiff-appella......on of time. In the circumstances stated above, all the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 82. ......on of time. In the circumstances stated above, all the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 82. ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 204

Abdus Salam Mas­ter alias Salam and another Vs. The State, 1983, 12 CLC (AD)

....find anything to interfere with the order of the High Court Division refusing to quash the proceed­ings. The appeal is dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 58. ......find anything to interfere with the order of the High Court Division refusing to quash the proceed­ings. The appeal is dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 58. ......irst com­plaint was lodged in 1954 on the allegation that the accused persons, among other things, forged an "Agreement' by which Accused No. 1 was appointed Managing Director of a Pri­vate Limited Company, executed a false 'deed of transfer' in respect of certain shares of the Company and also fo..

Category: Criminal Law | Date: | Hits: 79

Bangladesh and others Vs. KM Shafi Ltd., 1991, 20 CLC (AD)

.... based on facts was not made at any time previously. Hence we are not inclined to consider the same. For all the above reasons, all the three appeals are dismissed with costs. Ed. ...... based on facts was not made at any time previously. Hence we are not inclined to consider the same. For all the above reasons, all the three appeals are dismissed with costs. Ed. ...... By Memo No. 1809/4(4) dated 2.8.78 the Government of Bangladesh in the Ministry of Communications, Roads and Highways entered into an agreement with Contractor KM Shafi Limited, a Private Limited Company (respondent in all the three appeals) for providing average 2-1/2 thick compacted premixed ..

Category: Others | Date: | Hits: 88

State Vs. Shafique and others, 1991, 20 CLC (AD)

....neral being one essentially related to the assessment of evidence, it is difficult to interfere with the acquittal order. Hence, both the appeal and the leave petition arc dismissed. Ed. ......neral being one essentially related to the assessment of evidence, it is difficult to interfere with the acquittal order. Hence, both the appeal and the leave petition arc dismissed. Ed. ......neral being one essentially related to the assessment of evidence, it is difficult to interfere with the acquittal order. Hence, both the appeal and the leave petition arc dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 49