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.... Tk. 2,17,000.00 being part payment of the arrear rents. But the said cheque was dishonoured when it was placed on 8.9.87 for encashment. Thereafter the petitioner issued a legal notice by registered post on 4.11.91 through the learned Advocate requesting the respondent to pay the arrear rent from N...... or in holding the statutory meetings;
(iii) if the company does not commence its business within a year from its incorporation, or suspends its business for a whole year;
(iv) if the number of members is reduced, in the case of a private company, below two or, in the case of any other company......ain a stay order from the Appellate Court. The prayer is allowed and this judgment will come into operation just after two weeks from date.
Ed.
This Case is also Reported in: 43 DLR (1991) 603.
......ain a stay order from the Appellate Court. The prayer is allowed and this judgment will come into operation just after two weeks from date.
Ed.
This Case is also Reported in: 43 DLR (1991) 603.
..
Category: Company Law | Date: | Hits: 190
Yakub (Md.) Ali Howlader Vs. Abdur Rab Munshi, 1990, 19 CLC (HCD)
....Tribunal Case No. 1 of 1990. 2. Facts leading to this in short are that the petitioner Md. Yakub Ali Howlader along with opposite party No. 1 namely Abdur Rab Munshi contested as candidate for the post of Chairman, Shariatpur Upazila Parishad in Shariatpur district held on 14th March, 1990. The p......accordance with law and be decided at an earlier date. Communicate this order at once. The stay al granted earlier is hereby vacated. Ed. This Case is also Reported in: 43 DLR (1991) 587. ......accordance with law and be decided at an earlier date. Communicate this order at once. The stay al granted earlier is hereby vacated. Ed. This Case is also Reported in: 43 DLR (1991) 587. ......cts leading to this in short are that the petitioner Md. Yakub Ali Howlader along with opposite party No. 1 namely Abdur Rab Munshi contested as candidate for the post of Chairman, Shariatpur Upazila Parishad in Shariatpur district held on 14th March, 1990. The petitioner and the opposite party No. ..Category: Election Law | Date: | Hits: 156
Khelu Mia and others Vs. State, 1990, 19 CLC (HCD)
....460/302 of the Penal Code. 4. The police then visited the place of occurrence, made the inquest report on the dead body of the victim and sent the same to the Government Hospital at Netrokona for post‑mortem examination and report and also seized the alamats. On receipt of the post‑mortem re......of course, PW 1 Abdul Gani had previous enmity with the accused‑appellants over land and other matters and for that he has falsely implicated them in this case including accused Abdul Hye who was a member of the Union Parishad. The learned Additional Sessions Judge in consideration of the evidence......1 Abdul Gani had previous enmity with the accused‑appellants over land and other matters and for that he has falsely implicated them in this case including accused Abdul Hye who was a member of the Union Parishad. The learned Additional Sessions Judge in consideration of the evidence on record fou......l Gani had previous enmity with the accused‑appellants over land and other matters and for that he has falsely implicated them in this case including accused Abdul Hye who was a member of the Union Parishad. The learned Additional Sessions Judge in consideration of the evidence on record found the..Category: Criminal Law | Date: | Hits: 82
Amir Ali & others Vs. State, 1990, 19 CLC (HCD)
....sult, the appeal is allowed and the order of appellants shall be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 43 DLR (1991) 564. ......was prohibited. PW 2 also said that the truck was taken to the Siddhirganj Police Station and the goods were unloaded and a seizure list was prepared. In cross‑examination he said that he did not remember the name of truck driver and the number of drums. He stated that a seizure list was made. The......85 no FIR was filed and goods were seized by PW 1 and the seized goods were taken away by PW 1. He also stated that in the truck there was also palm oil. 12. PW 9 Habibullah is a Chairman of local Union Parishad. He stated that he found a truck in the Police Station. He further stated that he fou......FIR was filed and goods were seized by PW 1 and the seized goods were taken away by PW 1. He also stated that in the truck there was also palm oil. 12. PW 9 Habibullah is a Chairman of local Union Parishad. He stated that he found a truck in the Police Station. He further stated that he found 301..Category: Fiscal/Taxation Law | Date: | Hits: 101
Hosne Ara Begum Vs. Alhaj Md. Rezaul Karim and others, 1990, 19 CLC (HCD)
....e Court of appeal under section 17 of the said Ordinance, 1985, but nevertheless remaining a Court subordinate to the High Court Division. Ed. This Case is also Reported in: 43 DLR (1991) 543. ......e Court of appeal under section 17 of the said Ordinance, 1985, but nevertheless remaining a Court subordinate to the High Court Division. Ed. This Case is also Reported in: 43 DLR (1991) 543. ...... provisions of the Code of Civil Procedure and as such can send the case on remand after setting aside the judgment of the Family Court. We have noticed in that decision that under rules 47 and 48 of Union Parishad (Election) Rules, 1983 the Election Tribunal shall try the case in accordance with th......sions of the Code of Civil Procedure and as such can send the case on remand after setting aside the judgment of the Family Court. We have noticed in that decision that under rules 47 and 48 of Union Parishad (Election) Rules, 1983 the Election Tribunal shall try the case in accordance with the proc..Category: Family Law | Date: | Hits: 210
Abul Kashem Vs. Mafiz Mia and others, 1991, 20 CLC (HCD)
....mary School Centres. The impugned order of the learned District Judge is, accordingly, modified. The parties shall bear their own costs. Ed. This Case is also Reported in: 43 DLR (1991) 523. ......mary School Centres. The impugned order of the learned District Judge is, accordingly, modified. The parties shall bear their own costs. Ed. This Case is also Reported in: 43 DLR (1991) 523. ......hose dated 7.6.88 passed by the Election Tribunal and Assistant Judge, Daudkandi Upazila in Election Tribunal Case No. 5 of 1988. 2. The material fact giving rise to this rule are that at the last Union Parishad election held in 1988 the petitioner, opposite party No. 1 and another contested for ......ated 7.6.88 passed by the Election Tribunal and Assistant Judge, Daudkandi Upazila in Election Tribunal Case No. 5 of 1988. 2. The material fact giving rise to this rule are that at the last Union Parishad election held in 1988 the petitioner, opposite party No. 1 and another contested for the of..Category: Election Law | Date: | Hits: 139
Motaleb @ Mutu and others Vs. State, 1990, 19 CLC (HCD)
.... section of the Code which is as follows: "Provided further that where it appears to the Magistrate that the offence complained of is triable exclusively by a Court of session, the Magistrate may postpone the issue of process for compelling the attendance of the person complained against and may...... one accused named Jharu Meah and final report was submitted against the petitioners. After being apprehended accused Jharu Meah made a judicial confession before a Magistrate admitting that he was a member of the Sharbahara party and he killed Shahabuddin. The learned Upazila Magistrate, Raipura on......ideration of materials on record. In the result, the Rule is discharged with the above observation and modification of the impugned order. Ed. This Case is also Reported in: 43 DLR (1991) 519.......ideration of materials on record. In the result, the Rule is discharged with the above observation and modification of the impugned order. Ed. This Case is also Reported in: 43 DLR (1991) 519...Category: Criminal Law | Date: | Hits: 67
State Vs. Md. Ali Kibria @ Shahzijahan and others, 1990, 19 CLC (HCD)
.... (PW 13) by constable No, k‑6103 Mosharaf Hossain and it was identified to be the dead body of Kaoser Ahmed. Victim Kaoser succumbed to the bullet injuries on the spot. Doctor Mojibur Rahman in his post mortem report has stated thus: "1. Entry with contusion collar just above the right lateral ......d prisoner came to that house 7 days before the occurrence took place and thus according to tier own version she (PW 2) got the chance to see condemned prisoner once therefore it is not possible to remember appellant's face and other features of the condemned prisoner and further she did not disclos......side. The condemned prisoner Mohammad Ali Kibria alias Shahjahan is set at liberty forthwith if not wanted in connection With any other case. Ed. This Case is also Reported in: 43 DLR (1991) 512.......side. The condemned prisoner Mohammad Ali Kibria alias Shahjahan is set at liberty forthwith if not wanted in connection With any other case. Ed. This Case is also Reported in: 43 DLR (1991) 512...Category: Criminal Law | Date: | Hits: 93
Farzana Huq Vs. Bangladesh, 1990, 19 CLC (HCD)
....t Narsingdi now detained in Dhaka Central Jail be set at liberty forthwith and to report compliance of the order to this Court within a week. Ed. This Case is also Reported in: 43 DLR (1991) 501.......t Narsingdi now detained in Dhaka Central Jail be set at liberty forthwith and to report compliance of the order to this Court within a week. Ed. This Case is also Reported in: 43 DLR (1991) 501.......and others.....Respondents. Judgment April 3, 1990. Cases Referred to- Golam Hossain alias Gama Vs. Commissioner of Police, Calcutta and others, AIR 1974 (SC) 1336; Ship Ratan Makin; Vs. Union of India, AIR 1986 (SC) 610; Mrs. Sajeda Parvin Banu Vs. Government of Bangladesh and others, ......t Narsingdi now detained in Dhaka Central Jail be set at liberty forthwith and to report compliance of the order to this Court within a week. Ed. This Case is also Reported in: 43 DLR (1991) 501...Category: Constitutional Law | Date: | Hits: 287
Investment Corporation of Bangladesh Vs. Bata Shoe Company (Bangladesh) Ltd., 1990, 19 CLC (HCD)
....further directed to issue and deliver the necessary share certificates in favour of the petitioner corporation without any further delay. Ed. This Case is also Reported in: 43 DLR (1991) 487. ......mmon seal, with power, subject to the provisions of this Ordinance, to acquire, hold and dispose of any property and shall, by the said name, sue and be sued. Section 21(12) provides that it can be a member of the Stock Exchange in Bangladesh and undertake all the functions of a member. Section 21(1......further directed to issue and deliver the necessary share certificates in favour of the petitioner corporation without any further delay. Ed. This Case is also Reported in: 43 DLR (1991) 487. ......further directed to issue and deliver the necessary share certificates in favour of the petitioner corporation without any further delay. Ed. This Case is also Reported in: 43 DLR (1991) 487. ..Category: Company Law | Date: | Hits: 208
Gulshan Ara Begum Vs. Moazzem Hossain Chowdhury and others, 1990, 19 CLC (HCD)
....r has written names of two persons showing them as witnesses for service of summons. But the alleged two witnesses did not put their signatures on the summons. No summons were issued under registered post. From the above it appears that the fixing of ex parte hearing date on 29.1.87 by an order date......h law as expeditiously as possible after giving due notices to the parties concerned Let the lower Court's records be sent down at once. Ed. This Case is also Reported in: 43 DLR (1991) 481. ......h law as expeditiously as possible after giving due notices to the parties concerned Let the lower Court's records be sent down at once. Ed. This Case is also Reported in: 43 DLR (1991) 481. ......h law as expeditiously as possible after giving due notices to the parties concerned Let the lower Court's records be sent down at once. Ed. This Case is also Reported in: 43 DLR (1991) 481. ..Category: Procedural Law | Date: | Hits: 68
Government of Bangladesh and others Vs. Abul Hashem Khan, 2009, 38 CLC (AD)
....িতেছে।“ 15. Pursuant to the said recommendation, the Ministry of Establishment issued notification dated 23.01.1994 reinstating the appellant, Abul Hashem Khan, to his previous post but without pay for the period of his absence, which would be treated as leave without pay. On ...... is set aside. The case is, thus, dismissed. In the result, this appeal is, accordingly, allowed without any other as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 271. ...... is set aside. The case is, thus, dismissed. In the result, this appeal is, accordingly, allowed without any other as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 271. ...... is set aside. The case is, thus, dismissed. In the result, this appeal is, accordingly, allowed without any other as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 271. ..Category: Administrative Law | Date: | Hits: 160
Mustafizur Rahman Vs. State and others, 1992, 21 CLC (HCD)
....tafizur Rahman, B. Com., joined the then United Bank Limited (now called the Janata Bank) as an officer Grade‑III in the year 1966, continued to serve in the Janata Bank till 25.4.83 and was lastly posted as Manager (Senior Principal Officer) in Grade‑I in Dhaka. He resigned from the service of ......mmercial Area, Dhaka to show cause why petitioner Mustafizur Rahman, Chairman and Managing Director of Bangladesh Commerce and Investment Limited (hereinafter referred to as BCI Limited) as well as a member of the Parliament should not be enlarged on bail in Motijheel PS Case No.12 (8) 92 correspond......stafizur Rahman, with the intention of dishonestly misappropriating the money of BCI Limited gave Tk. 3 lacs in the name of loan in the benami of his accomplice Mozammel Hossain, Chairman of Haramiah Union Parishad, Sandwip on 31.3.91 and having thus got dominion over the said amount of Tk. 3 lacs o......ur Rahman, with the intention of dishonestly misappropriating the money of BCI Limited gave Tk. 3 lacs in the name of loan in the benami of his accomplice Mozammel Hossain, Chairman of Haramiah Union Parishad, Sandwip on 31.3.91 and having thus got dominion over the said amount of Tk. 3 lacs of the ..Category: Criminal Law | Date: | Hits: 125
Bangladesh Vs. Md. Ishaque being dead his heirs Lakhaxmi Bibi and others, 1992, 21 CLC (HCD)
.... into consideration a factor which they had no right to take into account and, accordingly, their decision was a nullity. (Section‑p‑217 letter C 0‑239 DP‑242, letter E, and P‑249 reader I, post. 10. It was observed as follows: "In RV Cotham (22) Kennedy, J. noted the distinction bet......r proceedings of Money Execution case No.24 of 1986 of the 3rd Court of Subordinate judge, Dhaka be stayed till 15th February, 1993. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 223. ......r proceedings of Money Execution case No.24 of 1986 of the 3rd Court of Subordinate judge, Dhaka be stayed till 15th February, 1993. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 223. ......r proceedings of Money Execution case No.24 of 1986 of the 3rd Court of Subordinate judge, Dhaka be stayed till 15th February, 1993. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 223. ..Category: Property Law | Date: | Hits: 76
Abdul Matin Sarker Vs. Election Commission and others, 1993, 22 CLC (HCD)
.... 102 of the Constitution of the People's Republic of Bangladesh and is directed against the alleged illegality of the acceptance of the nomination paper of Abdul Hayat Sarker, respondent No.4 for the post of Chairman of Narsingdi Pourashava election submitted on 5.1.93. The case of the petitioner is......er as prayed for in Court after being certified by the Registrar of this Court by today as the election is due on 30th of this month. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 220. ......er as prayed for in Court after being certified by the Registrar of this Court by today as the election is due on 30th of this month. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 220. ......er as prayed for in Court after being certified by the Registrar of this Court by today as the election is due on 30th of this month. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 220. ..Category: Election Law | Date: | Hits: 126
State Vs. Md. Shah Nowroj and others, 2011, 40 CLC (HCD)
.... passed by the Divisional Special Judge, Khulna in Special Case No. 18 of 2003 is affirmed. Send down the lower Court records. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......ting Registrar of Khulna University wrote a letter to the Director General of the Bureau to enquire whether any irregularities in implementation of the projects were there. In response thereto, a two member committee including him (P.W.2) was formed. During enquiry he found that the respondents took......ur Rahman, Officer-in-charge of Batiaghata food godown deposed as a formal witness in respect of seizure of documents from his office. 14. P.W.10 Jagadish Mondal, a village defense police Of Jalma Union Parishad stated that during investigation, one plain dressed officer showed him two master rol......man, Officer-in-charge of Batiaghata food godown deposed as a formal witness in respect of seizure of documents from his office. 14. P.W.10 Jagadish Mondal, a village defense police Of Jalma Union Parishad stated that during investigation, one plain dressed officer showed him two master rolls and..Category: Criminal Law | Date: | Hits: 97
State Vs. Sheikh Mujibur Rahman and others, 2011, 40 CLC (HCD)
....3 passed by the Divisional Special Judge, Khulna in Special Case No. 16 of 2003 is affirmed. Send down the lower Court records. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......ting Registrar of Khulna University wrote a letter to the Director General of the Bureau to enquire whether any irregularities in implementation of the projects were there. In response thereto, a two member committee including him (P.W.2) was formed. During enquiry he found that no earth-work was do......village Jalma, they used it as their addresses. He also pointed out a shed where the seasonal workers had resided. 15. P.W.11 Abdur Rashid, District Election Officer proved the voter list of Jalma Union Parishad. In cross-examination he stated that at the time of preparing the list, the people ab......e Jalma, they used it as their addresses. He also pointed out a shed where the seasonal workers had resided. 15. P.W.11 Abdur Rashid, District Election Officer proved the voter list of Jalma Union Parishad. In cross-examination he stated that at the time of preparing the list, the people absent i..Category: Criminal Law | Date: | Hits: 101
State Vs. Sk. Arif Newaz and others, 2011, 40 CLC (HCD)
....ivisional Special Judge, Khulna in Special Tribunal Case No. 13 of 2003 is affirmed. Send down the lower Court records. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......ting Registrar of Khulna University wrote a letter to the Director General of the Bureau to enquire whether any irregularities in implementation of the projects were there. In response thereto, a two member Committee including him (P.W.1) was formed. During enquiry he examined all concerned with the......ross-examination he stated that at the time of preparing the list, the people absent in the area were not enlisted as voters. 17. P.W.11 Bidhan Chandra Roy, an elected Member of Ward No.5 of Jalma Union Parishad stated that in 2000-2001 some projects under Test Relief Program were commenced in Kh......xamination he stated that at the time of preparing the list, the people absent in the area were not enlisted as voters. 17. P.W.11 Bidhan Chandra Roy, an elected Member of Ward No.5 of Jalma Union Parishad stated that in 2000-2001 some projects under Test Relief Program were commenced in Khulna U..Category: Criminal Law | Date: | Hits: 86
Dr. Kazi Mozammel Hoque Vs. State, 1992, 21 CLC (HCD)
.... The question will arise whether taking away from the guardianship of father will constitute an offence under section 363, Penal Code, if the girl is found to be 16 years or above. The section itself postulates and the series of judicial pronouncements have taken the view that there will be no offen......s concerned in the case. In the result, the rule is discharged. Let this order be communicated to the trial Court for information. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 197. ......ictim girl herself gave her age as 18 years 1 month 15 days and accordingly a certificate issued by the Headmaster, Sonagazi Primary School and another certificate issued by the Chairman of the local Union Parishad were produced. Accused persons also challenged the medical certificate issued by the ......girl herself gave her age as 18 years 1 month 15 days and accordingly a certificate issued by the Headmaster, Sonagazi Primary School and another certificate issued by the Chairman of the local Union Parishad were produced. Accused persons also challenged the medical certificate issued by the Board ..Category: Criminal Law | Date: | Hits: 80
Abu Hossain and others Vs. Registrar of Trade Union and others, 1992, 21 CLC (HCD)
....that there is a fight in the association guaranteed by the Constitution to obtain recognition?” 20. The Court further observed thus: Our Constitution makers while making provisions against ex post facto laws in Art. 20(1) and against Art. 18(1) studiously refrained from including a guarantee......titioners that this board has been created for the purpose of supply of electricity in rural area of Bangladesh and the Board is headed by the Chairman appointed by the Government, three whole‑time members to be appointed by the Government, one part‑time member to represent the Bangladesh Power ......Court Division (Special Original Jurisdiction) Present: Anwarul Hoque Choudhury J KM Hasan J Abu Hossain and others............................Petitioners Vs. Registrar of Trade Union and others............................Respondents Judgment November 11, 1992. Cases R......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
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