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Md. Riaz Uddin Khan, Advocate and another Vs. Mahmudur Rahman and others, 2010, 39 CLC (AD)

....D.C. Saxena case, (1996) 5 SCC 216, Bathina Ramkrishna Reddy V. State of Madras, AIR 1952 SC 149, Arundhati Roy, (2002) 3 SCC 343, P.N. Duda V. P Shiv Shankar, (1988) 3 SCC 167, Baradakanta Mishra V. Registrar of Orissa High Court, (1974) 1 SCC 374, Tarit Kanti Biswas, AIR 1918 Cal 988 (SB), Devi Pr...... petition is allowed in part. The short order quoted above forms part of this judgment. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 29, 19 BLT (AD) (2011) 54, 16 MLR (AD) (2011) 161. ...... petition is allowed in part. The short order quoted above forms part of this judgment. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 29, 19 BLT (AD) (2011) 54, 16 MLR (AD) (2011) 161. ...... petition is allowed in part. The short order quoted above forms part of this judgment. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 29, 19 BLT (AD) (2011) 54, 16 MLR (AD) (2011) 161. ..

Category: Criminal Law | Date: | Hits: 163

Serajul Hoque Vs. Commissioner of Taxes, Intelligence and Investigation Zone Dhaka, 1999, 28 CLC (HCD)

....ion raised in this reference is answered in the negative and in favour of the assessee applicant. There will be no order as to cost. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 338.......Taka 2, 80,000.00 as income although there was an increase in wealth of Taka 2, 48,926.00. 2. Being aggrieved by the said assessment order, the assessee preferred an appeal to the Senior Appellate Joint Commissioner of Taxes Range-A, East Zone, Dhaka which was registered as ITA No.138/89-90 IC-3.......ion raised in this reference is answered in the negative and in favour of the assessee applicant. There will be no order as to cost. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 338.......ion raised in this reference is answered in the negative and in favour of the assessee applicant. There will be no order as to cost. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 338...

Category: Fiscal/Taxation Law | Date: | Hits: 81

Shawn Apparels Ltd. Vs. Commissioner of Customs and others, 1998, 27 CLC (HCD)

....ecretary of Finance (IRD), 2) Secretary, Ministry of Commerce, 3) Chairman, the National Board of Revenue for necessary action. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 316. ......pparent from the paragraph Nos. 6-8 of the note sheets of the relevant file that the correct legal position was brought to the notice of the respondent No.1, but when the matter was placed before the Joint Commissioner of Customs the petitioner company filed an application for summary adjudication u......ecretary of Finance (IRD), 2) Secretary, Ministry of Commerce, 3) Chairman, the National Board of Revenue for necessary action. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 316. ......fect and why the respondents should not be directed to release the goods in favour of the petitioner for In-Bond Ware Housing. 2. The petitioner is a private limited Company incorporated under the Companies Act and is engaged in the business of making of Ready-made Garments for export and its fac..

Category: Fiscal/Taxation Law | Date: | Hits: 83

Shahabuddin Ahmed Vs. Abdur Rab Molla & others, 1999, 28 CLC (HCD)

....1992, is set aside. In the result, the Rule is made absolute but without any order as to costs. Send down the records forthwith. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 305. ......1992, is set aside. In the result, the Rule is made absolute but without any order as to costs. Send down the records forthwith. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 305. ......1992, is set aside. In the result, the Rule is made absolute but without any order as to costs. Send down the records forthwith. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 305. ......1992, is set aside. In the result, the Rule is made absolute but without any order as to costs. Send down the records forthwith. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 305. ..

Category: Trust/Waqf Law | Date: | Hits: 189

Ibrahim Cotton Mills Ltd. and others Vs. Chittagong Chamber of Commerce and Industry and others, 1999, 28 CLC (HCD)

....ys all the privileges of limited companies and is subject to all obligations under the Companies Act except those of writing the word ‘Limited’ or the obligation of sending list of members to the Registrar. 26. He submits the Companies Act is a complete code, containing obligations, rights an......eges of a limited Company and is subject to all obligations under the Companies Act except those of writing the word ‘Limited’ or the obligation of sending the list of members to the Registrar of Joint Stock Companies. I am of the view that in the case of a Trade Organisation, provisions of the ......f a limited Company and is subject to all obligations under the Companies Act except those of writing the word ‘Limited’ or the obligation of sending the list of members to the Registrar of Joint Stock Companies. I am of the view that in the case of a Trade Organisation, provisions of the Compan....... 99 of 1998. Judgment Kazi AT Manowaruddin J. - Two Directors and one member of the Chittagong Chamber of Commerce and Industry as petitioners have filed an application under section 43 of the Companies Act, 1994 against the Chittagong Chamber of Commerce and Industry and 200 others as respon..

Category: Company Law | Date: | Hits: 198

Khurshid Alam Vs. Securities and Exchange Commission and others, 1999, 28 CLC (HCD)

....he result, the Rule is discharged with cost of Taka 10,000.00 (ten thousand) to be paid by the petitioner to the contesting respondent No. 1. Ed. This Case is also Reported in: 51 DLR (1999) 534.......he result, the Rule is discharged with cost of Taka 10,000.00 (ten thousand) to be paid by the petitioner to the contesting respondent No. 1. Ed. This Case is also Reported in: 51 DLR (1999) 534.......sh his bank account statement by the Enquiry Committee constituted under section 21 of the said Ordinance and under the provision of section 6(I) of the said Ordinance petitioner as a member of Dhaka Stock Exchange Ltd. is bound to maintain accounts and other documents of all shares transactions and......he result, the Rule is discharged with cost of Taka 10,000.00 (ten thousand) to be paid by the petitioner to the contesting respondent No. 1. Ed. This Case is also Reported in: 51 DLR (1999) 534...

Category: Banking Law | Date: | Hits: 196

Matiur Rahman (Md.) Vs. Dhaka Stock Exchange Ltd. and another, 1999, 28 CLC (HCD)

....f the right of possession of Room 212 of the Dhaka Stock Exchange Building. The application is thus allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 530.......f the right of possession of Room 212 of the Dhaka Stock Exchange Building. The application is thus allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 530.......in: 51 DLR (1999) 530....... — For the Petitioner. Rabindra Ghosh, Advocate — For Respondent No. 1. Company Matter No. 85 of 1998. Judgment Kazi AT Manowaruddin J.- This is an application under section 43 of the Companies Act, 1994. 2. The petitioner Md. Matiur Rahman claims to have purchased one share of th..

Category: Company Law | Date: | Hits: 194

Sherin Akther and another Vs. Md. Ismail, 1999, 28 CLC (HCD)

.... to the Chairman as per provision of section 7 of the said Ordinance of 1961 but he has sworn an affidavit before the Magistrate pronouncing divorce and a copy of which was also served upon the Nikah Registrar under section 6 of the said Act of 1974. In that case notice of divorce was not served to ......t Judge-in-Charge and Family Court Sadar, Chandpur in Family Court Case No.4 of 1991 are hereby set aside. The suit is accordingly dismissed. Ed. This Case is also Reported in: 51 DLR (1999) 512.......t Judge-in-Charge and Family Court Sadar, Chandpur in Family Court Case No.4 of 1991 are hereby set aside. The suit is accordingly dismissed. Ed. This Case is also Reported in: 51 DLR (1999) 512.......t Judge-in-Charge and Family Court Sadar, Chandpur in Family Court Case No.4 of 1991 are hereby set aside. The suit is accordingly dismissed. Ed. This Case is also Reported in: 51 DLR (1999) 512...

Category: Family Law | Date: | Hits: 180

Rustom Ali and others Vs. Hasen Ali and others, 2011, 40 CLC (AD)

.... the High Court Division in First Appeal No. 249 of 1997.) Order We have heard the learned Counsel of both the parties at length and perused the enquiry report dated 15.01.2011 submitted by the Registrar as directed earlier on 15.12.2010. 2. It appears from the report that the application f......ely, after keeping Photostat copies of all those documents in the office, duly attested by the Registrar. Ed. This Order is also Reported in: 16 BLC (AD) (2011) 34 & 19 BLT (AD) (2011) 53. ......ely, after keeping Photostat copies of all those documents in the office, duly attested by the Registrar. Ed. This Order is also Reported in: 16 BLC (AD) (2011) 34 & 19 BLT (AD) (2011) 53. ......ely, after keeping Photostat copies of all those documents in the office, duly attested by the Registrar. Ed. This Order is also Reported in: 16 BLC (AD) (2011) 34 & 19 BLT (AD) (2011) 53. ..

Category: Criminal Law | Date: | Hits: 70

Sobha Rani Biswas Vs. State and others, 1999, 28 CLC (HCD)

....der, the admitted owner of the case land by Registered Deed No.4007 dated 6-4-81 transferred the case land to Nripendra Nath Biswas and the said deed was registered on the same day at Harinakundu Sub-Registrar Office, Jhenaidah where the case land situate. Further defence case is that fraudulently s......itted the accused of the charges levelled against them. In the result, the Rule is discharged. Let the LC Records be sent down once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 293.......itted the accused of the charges levelled against them. In the result, the Rule is discharged. Let the LC Records be sent down once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 293.......itted the accused of the charges levelled against them. In the result, the Rule is discharged. Let the LC Records be sent down once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 293...

Category: Criminal Law | Date: | Hits: 51

Haripada Saha Vs. Md. Shamsuddin Quraishi and others, 1997, 26 CLC (HCD)

....llegality in the impugned order. In the result, the Rule is discharged without any order as to costs. Send down the LC Records at once; Ed. This Case is also Reported in: 54 DLR (2002) 606.......llegality in the impugned order. In the result, the Rule is discharged without any order as to costs. Send down the LC Records at once; Ed. This Case is also Reported in: 54 DLR (2002) 606.......llegality in the impugned order. In the result, the Rule is discharged without any order as to costs. Send down the LC Records at once; Ed. This Case is also Reported in: 54 DLR (2002) 606.......llegality in the impugned order. In the result, the Rule is discharged without any order as to costs. Send down the LC Records at once; Ed. This Case is also Reported in: 54 DLR (2002) 606...

Category: Administrative Law | Date: | Hits: 210

Md. Ayub Ali and others Vs. Isa Mandal and others, 2010, 39 CLC (AD)

....e above, we find no sub­stance in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 1006.......ed the 18th day of May, 2009 passed by the High Court Division in Civil Revision No. 3802 of 2005 making the Rule absolute reversing the judgment and order dated 16.05.2005 passed by the 2nd Court of Joint District Judge, Sirajganj in Miscellaneous Appeal No.14 of 2000 allowing prayer for pre­-empt......e above, we find no sub­stance in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 1006.......e above, we find no sub­stance in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 1006...

Category: Property Law | Date: | Hits: 39

Abdul Jalil Molla and others Vs. Mahtab Uddin Biswas, 2009, 38 CLC (AD)

....ted by the Appellate Court as secondary evidence. 9. The High Court Division found that the defendant in Title Suit No. 301 of 1976, called for the concerned volume from the office of the District Registrar, Kushtia. Accordingly, one clerk from the said office brought the concerned volume in Cour......oresaid suit, praying for decree for declaration of his title in the suit land. 4. Both the above Title Suit No.301 of 1976 and the Title Suit No. 11 of 1995 were heard simultaneously. The learned Joint District Judge dismissed the Title Suit No.301 of 1976 and decreed the Title Suit No.11 of 199......ngs of the High Court Division. Under such circumstances, these petitions merit no consideration and accordingly, those are dismissed. Ed. This Case is also Reported in: VII ADC (2010) 1004. ......ngs of the High Court Division. Under such circumstances, these petitions merit no consideration and accordingly, those are dismissed. Ed. This Case is also Reported in: VII ADC (2010) 1004. ..

Category: Property Law | Date: | Hits: 46

M/S. Hamida Oil Mills, Proprietor Bhaiya Oil Mills Ltd. Vs. Agrani Bank Ltd. and others, 2010, 39 CLC (AD)

.... the above, we find no sub­stance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 995.......money suit No.13 of 2003 in the 1st Commercial Court, Chitagong claiming TK. 16,57,23, 3000.00 as compensation against the bank. The said money suit was subse­quently transferred to the Court of 3rd Joint District Judge, Chittagong and was re-numbered as 83 of 2003. The Bank also instituted Mortgag...... the above, we find no sub­stance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 995....... the above, we find no sub­stance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 995...

Category: Banking Law | Date: | Hits: 191

M/s. Bangladesh Catfish Limited and others Vs. Sunny Fish Agency and Trading and others, 2010, 39 CLC (AD)

....o withhold the payment of the decreetal amount. We find no merit in the contention of Mr. Mahmud. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 991.......the judgment and decree dated 9th June, 2008 of a Division Bench of the High Court Division in First Appeal No.95 of 2006 affirming with modification of those dated 16th November, 2005 of the learned Joint District Judge, 1st Court, Khulna in Money Suit No.16 of 2004. 2. Respondent No.1 Sunny Fis......o withhold the payment of the decreetal amount. We find no merit in the contention of Mr. Mahmud. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 991.......o withhold the payment of the decreetal amount. We find no merit in the contention of Mr. Mahmud. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 991...

Category: Civil Law | Date: | Hits: 96

Shahadat Hossain (Md.) Vs. Base Textile Ltd., 2000, 29 CLC (HCD)

....application is thus allowed in part. The order restraining the respondent No. 2 from operating the bank accounts of the Company is vacated. Ed. This Case is also Reported in: 54 DLR (2002) 583. ......application is thus allowed in part. The order restraining the respondent No. 2 from operating the bank accounts of the Company is vacated. Ed. This Case is also Reported in: 54 DLR (2002) 583. ......application is thus allowed in part. The order restraining the respondent No. 2 from operating the bank accounts of the Company is vacated. Ed. This Case is also Reported in: 54 DLR (2002) 583. ......e petitioner to the Company by virtue of the amendments. It is also argued that the respondent No. 2 has already ceased to be the Managing Director of the Company long ago under section 110(2) of the Companies Act of 1994, as no one can be appointed Managing Director for a term exceeding 5 years. Th..

Category: Company Law | Date: | Hits: 247

Hamidul Huque, Managing Director, United Commercial Bank Ltd. and another Vs. Akhtaruzzaman Chowdhury, 2005, 34 CLC (AD)

.... above, we find no cogent reason to interfere with the impugned order of the High Court Division. In the result, the appeal is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 971....... above, we find no cogent reason to interfere with the impugned order of the High Court Division. In the result, the appeal is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 971....... above, we find no cogent reason to interfere with the impugned order of the High Court Division. In the result, the appeal is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 971.......irector and the Secretary respectively of the said Bank. It appears that on 18.01.2000 one Jahangir Alam Khan, a shareholder and a Director of the Bank filed an application under section 81(2) of the Companies Act, 1994 for holding of Annual General Meeting (hereinafter called "the AGM") for the yea..

Category: Criminal Law | Date: | Hits: 60

Government of People's Republic of Bangladesh Vs. Mohammad Alamgir Hossain and others, 2009, 38 CLC (AD)

....eals and affirming the judgment and decree of the trial Court. We find no substance in these peti­tions which are accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 968.......t the office of Thana Agricultural Officer, Bogra and the land has been rightly recorded in the Khatiji Khatian in the name of Agricultural Extension Office. 5. The suit was decreed by the learned Joint District Judge, Court No.1, Bogra by the judgment and decree passed on 30.10.2003. 6. Being......eals and affirming the judgment and decree of the trial Court. We find no substance in these peti­tions which are accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 968.......eals and affirming the judgment and decree of the trial Court. We find no substance in these peti­tions which are accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 968...

Category: Property Law | Date: | Hits: 44

Idris Mir Malat Vs. Nitya Gopal Paul and others, 2010, 39 CLC (AD)

....een no failure of justice calling for interference by this Court. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 966. ...... is directed against the judgment and order dated 23.02.2009 passed by the High Court Division in First Miscellaneous Appeal No. 395 of 2008 affirming the order dated 06.11.2008 passed by the learned Joint District Judge, Sariatpur in Title Suit No.21 of 2008. 2. The facts, in short, are that the......een no failure of justice calling for interference by this Court. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 966. ......een no failure of justice calling for interference by this Court. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 966. ..

Category: Property Law | Date: | Hits: 44

Alizan Shaikh Vs. Moniruddin, 2010, 39 CLC (AD)

....decree­ing the suit and hence no interference in the impugned judgment and order is called for. The petition is accordingly dis­missed. Ed. This Case is also Reported in: VII ADC (2010) 960....... making the Rule absolute issued in Civil Revision No.885 of 2004 by the High Court Division setting aside the judgment and decree dated 11.10.2003 passed in Title Appeal No.91 of 1991 by the learned Joint District Judge, 2nd Court, Kushtia, dismissing the appeal and thereby affirming the judgment a......decree­ing the suit and hence no interference in the impugned judgment and order is called for. The petition is accordingly dis­missed. Ed. This Case is also Reported in: VII ADC (2010) 960.......decree­ing the suit and hence no interference in the impugned judgment and order is called for. The petition is accordingly dis­missed. Ed. This Case is also Reported in: VII ADC (2010) 960...

Category: Property Law | Date: | Hits: 51