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Punjab Ali Pramanik and others Vs. Mohd. Mokarram Hossain, 1976, 5 CLC (AD)
....ty of Company is being mismanaged or is even fraudulently disposed of is entitled to come to Court in the manner the petitioner has done. It is easy to see that if such a cause were permitted, the business of the Company can be brought to a complete standstill, when differences of opinion exi......sh, 17 C.W.N. 80 ; Dhirendra Nath Vs. Kamini Kumar, ILR 51 Cal. 495—18CW.N. 899— AIR 1924 Bal. 786; Hiralal Saha Vs. Akshary Kumar Saha, 37 CWN 766 -AIR 1933 Cal. 815; Sachi Gopinath Vs. Kukrai Prorab Chandra Saha, 38 C.W.N, 172; Baidya Natn Vs Hemanta, 40 CWN 750; Bulanda Bashini Vs. Pran Gob...... as to the competence of share-holder to invoke the jurisdiction of the Court for relief in respect of the property belonging to the Company in the following manner at page 53 of the report: "An incorporated Company can come up before this Court for enforcement of the fundamental rights and so ......er to set aside the sale. The result, therefore, is that this appeal is dismissed. There shall, however, be no order as to costs. Ed. This Case is also Reported in: 29 DLR (SC) (1977) 185. ..Category: Property Law | Date: | Hits: 118
Bangladesh and another Vs. M/S. A. T. J. Industries Ltd. and others, 1977, 6 CLC (AD)
....nt on July 23, 1976, handed over the possession of movable and immovable properties of the company to its Managing Director, Sajjad Hossain. The Company started functioning and was carrying on its business, but the petitioner and its officers suddenly on August 18, 1976 sealed the factory o......p;Petitioners. Vs. M/S. A. T. J. Industries Ltd. and others................. Respondents Judgment April 12, 1977. Lawyers Involved: K. A. Bakr Attorney-General, A. Wadud Bhuiyan, Assistant Attorney-General, instructed by M.R. Khan, Advocate on R......show its lawful authority to dispossess forcibly the company from the property upon an alleged plea of cancellation of the lease. For these reasons this petition is dismissed. Ed. ......show its lawful authority to dispossess forcibly the company from the property upon an alleged plea of cancellation of the lease. For these reasons this petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 57
Nurun Nabi Mondal and others Vs. Joynal Abedin Khondkar & ors, 1977, 6 CLC (AD)
....nbsp; ......nbsp; Nurun Nabi Mondal and others………………………..Appellants Vs. Joynal Abedin Khondkar & ors ………………………Respondents Judgm......ears to have been the main concern of the early exponents of law and the law of primogeniture seems to have held sway in the early stages. Subsequently ancestral property was regarded as a sort of corporate property of the agnatic descendants of the ancestor and propinquity of blood was gen......nbsp; ..Category: Property Law | Date: | Hits: 59
M/s Amin Jute Mills Ltd. Vs. Bangladesh and others, 1977, 6 CLC (AD)
....sp; D.C. Bhattacharya J.- These four appeals by special leave are at the instance of four Limited Companies operating certain factories in connection with their jute manufacturing business at Sholashahar within P.S. Panchalaish, District Chittagong and directed against a judgme......facturing Co. Ltd. Vs. Province of East Pakistan in P.L.D. 1966 Dacca 117; Jennings Vs. Kelly 1940 A.C. 206 same case (1939) All. E.R. 464; Vacher and Sons Ltd. Vs. London Society of Compositors 1913 A.C 107; Powell Vs. The Kempton Park Race Course Company Limited (1899) A.C. 143 at page 1......e of the enactment of the Basic Democracies Order. We, therefore, do not find any substance in all these appeals which are dismissed, but there shall be no order as to costs. Ed. ......s and came to be known as Union Councils. In municipal areas, these institutions came to be known as Town Committees or Union Committees but they did not replace the already existing Municipal bodies, which now co-existed with the said basic democratic committees after the said Order had co..Category: Fiscal/Taxation Law | Date: | Hits: 244
Bangladesh Small Industries Corporation, Dacca Vs. Mahbub Hossain Chowdhury, 1976, 5 CLC (AD)
....followed the rule that their employees should not have the status of civil servants. This is an outcome of the conception that the corporations should, as far as possible, approximate to the ideas of business management and not to be tied too closely to the civil service. But there seems no present ......urt Appellate Division (Civil) Present: Syed AB Mahmud Husain CJ Ahsanuddin Choudhury J Kemaluddin Hossain J Debesh Chandra Bhattacharya J Bangladesh Small Industries Corporation, Dacca..............Appellant Vs. Mahbub Hossain Chowdhury............................e wholly by the incorporating statute itself A public corporation may function as a Government department or its agent or both or may be totally independent of either having its own independent corporate personality. 13. We therefore find that a public corporation is a hybrid organism s......on of a business enterprise. Thus departmental form of running commercial enterprise is, therefore, regarded as unsuitable. It has become necessary to use the technique of establishing autonomous bodies to run a business on behalf of the Government so as to give it commercial freedom. The syst..Category: Employment/Service Law | Date: | Hits: 170
A.K.M. Muklesur Rahman Vs. Govt. of Bangladesh, 1977, 6 CLC (AD)
....he case on 21.8.1976, the special leave petition was filed on 1.9.1976. 7. In the aforesaid circumstances, the learned Deputy Attorney-General submitted that according to rules of business sufficient time was needed to process the filing of the leave petition, so the delay for ......titioner Judgment December 7, 1976. Lawyers Involved: Sultan Hussain Khan, Deputy Attorney General instructed by Abu Backkar, Advocate-on-Record —For the Petitioner. Miah ...... forthwith. We cannot, therefore, agree that the reasons shown by the petition for condonation of delay are at all satisfactory. The petition is, accordingly, dismissed. Ed. ...... forthwith. We cannot, therefore, agree that the reasons shown by the petition for condonation of delay are at all satisfactory. The petition is, accordingly, dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 69
Abul Layes Vs. Mst. Anwara Khatun & legal representatives: Abu Sayed Ahmed & ors, 1977, 6 CLC (AD)
....ion 75A was found to be inapplicable. Mr. Malek in that view of the matter strenuously argued that after having admitted the title and interest of the appellant in the suit premises the tenant had no business to deposit the rent with the Rent Controller. Moreover, it has been pointed out by the lear......n & legal representatives: Abu Sayed Ahmed and others. ………..Respondents Judgment August 18, 1976 Lawyers Involved: Abdul Malek, Advocate instructed by S. M. Huq, Advocate-on-Record—For the Appellant. Md. Yeasin, Advocate, instructed by Md. A. Aziz, Advocate-on-Record—Fo......ises. In the result, the appeal is allowed with costs althrough. The judgement of the High Court is hereby set-aside and those of the Trial Court and the first appellate Court are restored. Ed. ......ises. In the result, the appeal is allowed with costs althrough. The judgement of the High Court is hereby set-aside and those of the Trial Court and the first appellate Court are restored. Ed. ..Category: Tenancy Law | Date: | Hits: 76
Abdul Mannan Miah Vs. Solaiman Miah (Md), 2001, 30 CLC (AD)
....rietary right relating to the Trade Mark “ghori” for washing soap and for permanent injunction against the defendant. It has been alleged in plaint that the plaintiff was engaged in the business of manufacturing, processing, selling and marketing of various types of soaps and out of t...... Whatever the High Court Division has observed will have no binding affect on the trial Court while disposing of the suit on merit as these were made while disposing of the interlocutory matter……(6) Lawyers Involved: M Hafizullah, Se......erlocutory matter. With this observation this petition is disposed of. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 104. ......erlocutory matter. With this observation this petition is disposed of. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 104. ..Category: Intellectual Property Law | Date: | Hits: 224
Mozibur Rahman Moznu (Md) Vs. Abdul Halim and others, 2001, 30 CLC (AD)
....ent and order of the Court Division is set aside and the writ is recalled. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 93. ...... The Constitution of Bangladesh, 1972, Article 102 The Union Parishad (Election) Rules, 1983, Rules 39(4) Where the contesting candidates or their agents are not present the presiding officer is not debarred from counting of votes and p......ent and order of the Court Division is set aside and the writ is recalled. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 93. ......nder Rule 70 because: (a) the real and larger issue of complication of free and fair election with rigorous promptitude for timely emergence and functioning of elective bodies must take precedence over settlement of private disputes. (b) al..Category: Election Law | Date: | Hits: 124
Zaher Ahmed Vs. Manik Sardar, 2001, 30 CLC (AD)
....2 of 1988 for eviction of the defendant from a shop room stating that he was owner of the premises and he let out the same to the respondent and he required that said shop room for extension of his business by his two sons and that he served a notice under section 106 of the Transfer of Property...... April 24, 2000. The Premises Rent Control Ordinance, 1963 (XX of 1963), Section 18(1) Under the Ordinance for getting a decree of eviction the landlord is to decide which premises out of many is required by...... suit. In the result the appeal is allowed with cost. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 63. ...... suit. In the result the appeal is allowed with cost. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 63. ..Category: Property Law | Date: | Hits: 69
State Vs. Faisal Alam Ansari, 2001, 30 CLC (AD)
....al College Hospital and found the dead body of his brother. In the first information report it was further stated that the deceased Humayun Kabir returned to Bangladesh on 13-11-1999 and he had no business or enmity with anybody in Bangladesh but the deceased earlier informed his brother that h......mmitted a substantive offence of murder his liberty can be curtailed under section 497 of the Code of Criminal Procedure. As such violation of fundamental right cannot arise since “save in accordance with law” as mentioned in Article 32 of the Constitution not only refers to criminal ......ntly, the appeal is allowed and the impugned judgment and order set aside. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 43. ......ntly, the appeal is allowed and the impugned judgment and order set aside. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 43. ..Category: Criminal Law | Date: | Hits: 68
Secretary, Ministry of Establishment Vs. A M Nurunnabi, 2001, 30 CLC (AD)
....n reply to this, the petitioner while filing the written objection did not raise any issue as to the fact that the respondent was working somewhere or he was engaged gainfully in some profession or business for which he is not entitled to the arrear pay and allowances. There is nothing on record ...... Judgment February 27, 2001. The Bangladesh Service Rules, Part I, Rule 72(b) The review forum having found the respondent honourably acquitted, the Tribunals below rightly held that the r......s condoned but there being no merit in the petition the same is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 41. ......s condoned but there being no merit in the petition the same is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 41. ..Category: Administrative Law | Date: | Hits: 117
Superintending Engineer and others Vs. Kazi Asaduzzaman and others, 1995, 24 CLC (AD)
....otice was sent to his permanent recorded address kept in the department. He did not reply to the charges. The ground of his illness was false. He was hale and hearty at that time. He was doing the business of contract in the name of his firm "M/s KM Islam" during the period of absence.......p; Vs. Kazi Asaduzzaman and others............. Respondents Lawyers Involved: Shamsul Haque Siddique, Advocate‑on‑Record- For the Appellants. Mvi. Md. Wahidullah, Advocate‑on‑Record- For the Respon......sons the impugned judgment and order of the High Court Division cannot be sustained. The appeal is allowed without costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 152 ......sons the impugned judgment and order of the High Court Division cannot be sustained. The appeal is allowed without costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 152 ..Category: Property Law | Date: | Hits: 124
Abu Taleb Vs. Government of Bangladesh, 1995, 24 CLC (AD)
....by the appellant. In that view of the matter we do not find any ground for interference. The appeal is dismissed without costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 138......istrict Medical Officer, Baripada, AIR 1992 (SC) 1020; Union of India Vs. ME Reddy, AIR 1980 (SC) 563; Union of India Vs. JN Sinha, AIR 1971 (SC) 40. Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate, instructed by Mr. Serajuddin Ahmed, Advocate‑on-Record‑For the Appellant. Abd......Civil Aviation Department on the 15th March, 1960 and it is his case that by dint of merit he was gradually promoted to the post of Director, Civil Aviation Authority. In 1985 the Government formed a corporate body, namely, Civil Aviation Authority of Bangladesh, by abolishing the Department of Civi......by the appellant. In that view of the matter we do not find any ground for interference. The appeal is dismissed without costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 138..Category: Administrative Law | Date: | Hits: 175
Special Reference No. 1 of 1995, 24 CLC (AD)
....sdiction. But here a legal question has been raised as to the title of a person to remain a member of the Parliament and nobody has said that this matter has been a part of the "formal transaction of business" of the parliament at the moment in order that it can be called an "internal proceeding" of......e same thing, i.e. absent as provided in Article 67(1)(b) and would result in vacation of seat in the parliament if other conditions are present, namely, being absent without leave of the parliament for ninety consecutive sittings days. In computing ninety consecutive sitting days the period between......Act, it is not for the Court to insist on the inexpediency of the advisory jurisdiction. Even Zafrulla Khan J. ultimately said in that case: "Nevertheless, in 1935 Parliament thought it wise to incorporate section 213 in the Constitution Act. We must take it therefore that in the opinion of Parl...... Mohammad Ismailuddin Sarker J. - I am in complete agreement with the learned Chief Justice and I have nothing more to add. Ed. This Reference is also Reported in: 47 DLR (AD) (1995) 111. ..Category: Constitutional Law | Date: | Hits: 248
Shameen Vs. Government of Bangladesh & others, 1995, 24 CLC (AD)
....79 of 1994, appellant Md. Shameem unsuccessfully challenged the detention of his brother Md. Shaheen under the Special Powers Act, 1974. His case, in brief, is that on 9 June 1994 when his brother, a businessman, was returning home from Kazipara he was arrested and taken into custody by the police o......C 114; Altaf Ahmad Matoo Vs. State and others, 1989 Crl LJ 1270. Lawyers Involved: Mainul Hosein, Advocate (Md. Joynul Abedin Advocate with him), instructed by Md. Aftab Hossain, Advocate on Record ‑For the Petitioner. Not represented ‑‑For the Respondents. Civil Appeal No.97 o......l is allowed, but without any order as to costs. The detenu be released forthwith, if not wanted in connection with any other case. Ed. This case is also reported in: 47 DLR (AD) (1995) 109. ......l is allowed, but without any order as to costs. The detenu be released forthwith, if not wanted in connection with any other case. Ed. This case is also reported in: 47 DLR (AD) (1995) 109. ..Category: Criminal Law | Date: | Hits: 75
Sadharan Bima Corporation Vs. Sanjib Kumar Das & another, 1995, 24 CLC (AD)
.... are words of common form which from long usage and frequent decisions of the Court have received a fixed and more or less conventional meaning, or (3) if by the universal custom of some trade or business an artificial meaning peculiar to that trade or business has been attached to the words i......) (1995) 97 ......nterpretation given by the High Court Division, we dismiss the appeal for the reasons above without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 97 ......nterpretation given by the High Court Division, we dismiss the appeal for the reasons above without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 97 ..Category: Business or Commercial Law | Date: | Hits: 114
Lt. Col. (Retd) Nazimuddin Ahmed Vs. Bangladesh and Others, 1995, 24 CLC (AD)
....Court Division, we uphold the order impugned in the writ petition. The appeal is dismissed without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 87 ......Appellant Vs. Bangladesh and Others...............................Respondents Judgment April 30th, 1995. Lawyers Involved: Rafique‑ul‑Huq, Senior Advocate, instructed by Shamsul Haque Siddique, Advocate‑ on‑Record- For the Ap......Court Division, we uphold the order impugned in the writ petition. The appeal is dismissed without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 87 ......hment Division and the Superior Selection Board was decentralized and the respective Ministries were vested with the power, amongst others, of appointing full‑time Directors of the autonomous bodies. In the instant case respondent No.1 had authority to appoint the appellant as a full‑..Category: Employment/Service Law | Date: | Hits: 117
Bangladesh Vs. Dr. Dhiman Chowdhury and others, 1993, 22 CLC (AD)
.... Accordingly, the appeal is allowed and the impugned judgment of the High Court Division set aside. There will be no order as to cost. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 52 ......l Latif Mirza vs Government of Bangladesh, 31 DLR (AD) 1; State of Bombay vs. Atma Ram, AIR 1951 (SC) 157; East Pakistan vs. Rowshan Bijaya, 18 DLR (SC) 214; Humayun Kabir vs. State, 28 DLR 259; Emperor vs. Shibnath Banerjee, AIR 1943 (FQ 75; Malik Gholam Mani vs. Government of West Pakistan, 19 DLR...... Accordingly, the appeal is allowed and the impugned judgment of the High Court Division set aside. There will be no order as to cost. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 52 ...... Accordingly, the appeal is allowed and the impugned judgment of the High Court Division set aside. There will be no order as to cost. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 52 ..Category: Constitutional Law | Date: | Hits: 185
Quazi Din Mohammad Vs. Al_haj Arzan Ali and another, 1995, 24 CLC (AD)
....on received by the defendant‑appellant was very inadequate and that performance of the contract would involve hardship on the appellant. 2. Plaintiff‑respondent is a Bangladeshi businessman residing in London where he acquired a residential house and usually resides there. At......Shah, 39 DLR (AD) 242 =1986 BLD (AD) 231; Rakhal Dasi vs. Ayesha Khatun, 1985 BLD (AD) 45 and Jogesh vs. Farida, 1983 BLD (AD) 225. Lawyers Involved: Khondakar Mahbubuddin Ahmed, Senior Advocate instructed by Md. Aftab Hossain, Advocate‑on‑Record‑ For the Appella......(b) and 28(a) of the Specific Relief Act. In the result, the appeal is dismissed without, however, any costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 48. ......(b) and 28(a) of the Specific Relief Act. In the result, the appeal is dismissed without, however, any costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 48. ..Category: Property Law | Date: | Hits: 69
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