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Bengal Water Ways Ltd & Another
....lip;…………..Respondent Judgment July 8, 1981 Result: Appeal dismissed Companies Act (VII of 1913), Section 162. Winding up of Private Company It is well settled principle that a private limited company can, if circumstances so permit...... elected as an Additional Director and through Zohura Khatun, Zahiruddin Ahmed got a suit filed, being Title Suit No. 255 of 1973 in the 6th Court of Munsif, Dacca, seeking declaration that she was a lawful owner of 2200 shares and that she was duly elected a Director of the Company. 8. Zahirud..Category: Corporate Law | Date: 8 Jul, 1981 | Hits: 0
....wed the trawler in question to escaped from his lawful custody and for not informing the court till then about the escape of the trawler. Messrs. Zenith Shipping, the local agent of the appellant-company and the Collector of Customs (respondent No. 7) were also directed to file affidavits explaining......ons for their prayer for withdrawal at that belated stage. This court upon a consideration of the application filed by the plaintiff respondent alleging the escape of the trawler in question from the lawful custody of the respondent Nos. 6 and 7, directed the General Manager, Fish Harbour to show ca..
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)
....ellip;..(32) These three clauses cover three kinds of conduct on the part of the officer concerned. First is that in the exercise of his power or, in discharge of his official duties, if he does any act which assists, aids or supports against liberation struggle or creation o f Bangladesh where......ad Hossain was not in exercise of power or in the discharge of his duty. In this view of the matter, the recommendation of the Screening Board for dismissal was declared to have been made without any lawful authority and of no legal effect. The High Court Division noticed: “It was no doub..Category: Administrative Law | Date: 30 Apr, 1981 | Hits: 67
Dacca Municipal Corporation Vs. Sonali Bank and Ors., 1981, 10 CLC (AD)
....the lighting rate and conservancy could be made. The High Court Division repelled the contention by holding that the two taxes, namely, the Urban Immovable tax and the Building tax should not in any case exceed 17%. Reliance was placed on the previous judgment of the Dacca High Court in Writ Pe......he Municipality could ask for writ under the Constitutional jurisdiction disobeying such direction and requiring the Court for declaration that the direction of the Government was passed without lawful authority and is of no legal effect. 21. In the case of American Life Insurance Co..Category: Administrative Law, Fiscal/Taxation Law | Date: 10 Mar, 1981 | Hits: 111
Bangladesh Steamer Agents Association Vs. Bangladesh, 1982, 11 CLC (AD)
....d a licence from the Government under Section 3 of the Trade Organisations Ordinance, 1951 (Ordinance No.XLV of 1961) as a non-profit making concern. One of the objects of the appellant company, as contained in clause 3(36) of its memorandum of association is imparting of instruction and t......quo; 3. In Writ Petition No. 869 of 1979 this Order was challenged by the appellant contending, inter alia, that the Order was passed with malafide intention to debar the appellant from pursuing lawful trade and offended the principles of natural justice. 4. Respondent asserted that the ap..Category: Business or Commercial Law | Date: 10 Feb, 1981 | Hits: 113
Chairman, National Board of Revenue & Others Vs. Md. Jahurul Hoque, 1981, 10 CLC (AD)
....ake the appointment letter was issued. In the absence of selection by the Board the appointment was invalid. Between the interview and the date when he got the appointment letter there is hardly anything to show that he was selected by the Selection Board. An ingenious attempt was made by argui...... unauthorisedly. 4. The High Court Division made the Rule absolute and the impugned order dated 28. 12. 77 terminating the services of the respondent was declared to have been passed without any lawful authority and of no legal effect. Leave was granted to consider the question whether the..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)
....provisions of the Urban Immovable Property Tax Rules, 1957 and also whether the said Rules could be applied retrospectively, once the assessment had already been done. 3. The respondent is a company incorporated in Bangladesh, under the Companies Act, 1913, and in May, 1965 it took over the bus......mpetent to file the Writ Petition. 12. The High Court Division after hearing the parties made the Rule absolute and the impugned notice was declared to have been passed illegally and without any lawful authority. The High Court Division, however, held drat me Oil Storage Tanks form part of me &..Category: Fiscal/Taxation Law | Date: 22 Jan, 1981 | Hits: 0
Chairman, D.I.T. & Another Vs. Chairman, 2nd Laour Courts & Another, 1981, 10 CLC (AD)
....er, when the DIT attracts the definition of an 'industry' as given in Section 2 (XIII) of the I.R.O., the application under Section 34 of that Ordinance for enforcement of any right guaranteed under 'any Law' to a person who is a worker under the industrial Relati......on is taken by the Second Parties within 60 days the First Party is entitled to get full salary. That the Second Parties have kept the First Party under suspension most illegally and without any lawful authority.” 7. He further prayed for a direction on the second party to pay subsis..Category: Administrative Law, Labour and Industrial Law | Date: 12 Jan, 1981 | Hits: 0
Dr. Nurul Islam Vs. Bangladesh & Others, 1980, 9 CLC (AD)
.... appellant completed 25 years of service on 10.4.1977. Due to scarcity of doctors restriction has-been imposed on government doctors in seeking employment outside the country. For the same reason as many as 34 doctors who have completed 25 years of service have not been retired. To show the malice i......t Petition 489 of 1980 Judgment K. Hossain CJ.- Though I agree with the conclusion reached by the Court, that the appeal be allowed and the Impugned order declared to have been made without lawful authority, and agree with the reasons given by my learned Brother Munim, J. in his well reaso..Category: Administrative Law, Employment/Service Law | Date: 9 Dec, 1980 | Hits: 6
Md. Hazrat Ali Vs. Chairman, Bagladesh Chemical Industries Corporation & another, 1980, 9 CLC (HCD)
....ted to him by letter dated 16th February, 1978 by the Acting Chief of Personnel of the Corporation. 2. The petitioner was an office Assistant in Aziz Match Factory, being set-up by a private company incorporated long-before the independence of Bangladesh in 1960. During the war of lib......nditions of their services under such Corporation, the legal effect of such continuous gross omission on the part of the authority of the Government must be considered in deciding as to the lawful authority of the Bangladesh Chemical Industries Corporation being statutory Corporation to di..Category: Constitutional Law, Corporate Law | Date: 21 Nov, 1980 | Hits: 2
....rs of the building, that is, the ground floor and the first floor would be let out at a monthly rental of Tk. 7,000/- and the second floor would be kept for their own use. The lessors did not receive any response from the lessee in the matter of renewal of the lease of the house. They served a legal......annot therefore be sustained. In the result, the appeal is allowed. The order of the High Court Division is set aside 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 (..
Category: Civil Law, Property Law | Date: 6 Nov, 1980 | Hits: 2
Mrs. Winifred Rubie & others Vs. Bangladesh & others, 1980, 9 CLC (HCD)
.... that so called principal of the school who is alleged to be the Secretary thereof gets a salary of Tk. 5000/- per month which by itself is highly disproportionate to the salary generally received by any one in a recognised non-Government private secondary school. This school evidently caters to the......o suffers from mala fide action of the authorities and functionaries of the Government as such. In such circumstances the impugned requisition must be declared to have been made illegally without any lawful authority having no legal effect. Accordingly, this rule is made absolute. The..Category: Public Interest Litigation | Date: 11 Sep, 1980 | Hits: 7
Nurunnessa & others Vs. Babar Ali Bepari & Others, 1980, 9 CLC (AD)
....peal is allowed. Power of attorney is not a document which requires to be compulsorily registered under the law If such power of attorney empowers a person to execute a deed of sale or any kind of transfer or sale of immovable property that power of attorney requires registration unde...... done by notaries within Bangladesh are recognised for all or any limited purposes in that country or place, the Government may by notification in the Official Gazette, declare that the notarial acts lawfully done by notaries within such country or place shall be recognised within Bangladesh fo..Category: Civil Law, Procedural Law | Date: 27 Aug, 1980 | Hits: 3
Messrs Ahmed & Sons Vs. Messrs Eastern Technique & others, 1980, 9 CLC (HCD)
....is suit. In order to attach the property before judgment u/s 38 rule 5 C.P.C. there must be some material facts and specific allegations against the defdt No.1 that he is going to dispose of whole or any part of his properties to frustrate the execution of decree that may be passed which are very mu......w of the matter, the Rule is discharged without any order as to costs. 14. We would like to direct the learned Subordinate Judge dispose of this suit as expeditiously as possible after providing lawful opportunities to the contending parties. Send down the records at once. 15. Mr. Mozammel..Category: Civil Law, Corporate Law | Date: 6 Aug, 1980 | Hits: 1
...., 1979.
3. The appellant who was an officer of the Bangladesh Minerals, Oil and Gas Corporation (hereinafter called the Corporation) was posted in the Titas Gas Transmission and Distribution Company Ltd. (hereinafter called the Enterprise). His order of appointment as the Administrative Manager...... the Constitution in appropriate case.
36. The appeal is allowed. The order of the High Court Division is set aside and the impugned order passed by the respondent No.1 is declared to be without lawful authority. There will be no order as to costs.
37. Civil Appeal No. 65 of 1980 arises ou..
Category: Constitutional Law, Corporate Law | Date: 12 Jun, 1980 | Hits: 7
Kh. Ehteshamuddin Ahmed @ Iqbal Vs. Bangladesh & Others, 1980, 9 CLC (AD)
....lamation of 29-11-76 and repealing all Martial Law Regulations and Martial Law Order. (2) The extent of protection given under the Fifth Amendment to orders made acts and things done or taken by any person or authority in exercise of the powers derived or purported to have been derived from suc......urt No. II, Dacca convicting the petitioner under section 302 of the Penal Code and sentencing him to death and the order dated 29-1-1978 confirming the sentence of death have been taken without lawful authority, and are of no legal effect; and for an order directing the respondents No. 2 and 3..Category: Constitutional Law | Date: 27 Mar, 1980 | Hits: 3
Bangladesh Vs. Haji Abdul Gani Biswas & others, 1980, 9 CLC (AD)
....as substituted for the former sub-section (4) by President's Order No. 24 of 1973. After all these amendments sections 95 and 95A as stand today are as follows: "95. (1) Notwithstanding anything contained in any other law for the time being in force, a raiyat shall not enter into any f......or restoration of possession of the said land. This petition was allowed on 30-3-73 and thereafter the respondent No. 1 filed the Writ petition urging, inter alia, that the said order is without lawful authority inasmuch as section 95 A of the aforesaid Act does not cover the case of the p..Category: Civil Law, Property Law | Date: 19 Mar, 1980 | Hits: 5
Lt. Col. (retd) M.A. Mannan & others Vs. Bangladesh, 1980, 9 CLC (HCD)
....odies, Corporations and other Government and semi-Government statutory organisations numbering in all 44, the notice in question asked the persons concerned to stop payment to the petitioners of any out-statanding bills and to hold up earnest money, security deposit, etc. on account of an alleg......tractor without prior notice was held to be violative of the general principles of the rules of natural justice and on that account declared such order of black-listing was made without any lawful authority having no legal effect as such. A recent decision of a Division Bench of the S..Category: Constitutional Law, Corporate Law | Date: 5 Mar, 1980 | Hits: 2
James Finlay & Co. Ltd Vs. Chaiman Second Labour Court, 1980, 9 CLC (AD)
....Writ Petitions No. 863 and 864 of 1974 on January 7, 1977. In Civil Appeals No. 46 and 47 of 1978, Ally Akbar, who is an employee of James Finlay & Co. Ltd. (hereinafter called "the Company”, is the appellant. The company which is the appellant in Civil Appeals No. 26 and 27 of 1......r finding that the requirements of the aforesaid sections were fulfilled, the High Court held -that the Labour Court acted illegally. Its order was, therefore, declared to have been made without lawful authority and as being of no legal effect. The employee obtained special leave from this Cour..Category: Labour and Industrial Law | Date: 7 Jan, 1980 | Hits: 3
Mohammad Faizulla Vs. Govt. of Bangladesh, 1979, 8 CLC (HCD)
....ns in so far as they relate to the promotion of respondeqt Nos. 3 and 4 (in Writ Petition 527/79) and respondent Nos. 3 to 7 (in Writ Petition 528/79) should not be declared to have been made without any lawful authority and of no legal effect and why the respondent Nos. 1 and 2 of the petitions sho......n so far as they relate to the promotion of respondeqt Nos. 3 and 4 (in Writ Petition 527/79) and respondent Nos. 3 to 7 (in Writ Petition 528/79) should not be declared to have been made without any lawful authority and of no legal effect and why the respondent Nos. 1 and 2 of the petitions should ..Category: Administrative Law, Employment/Service Law | Date: 10 Sep, 1979 | Hits: 1
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