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Bengal Water Ways Ltd & Another
....rds I concur with the judgment delivered by my learned brother Masud J. and dismiss the appeal with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 435 ......…..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, be would up on the princip......uch it was not fraudulently and surreptitiously replaced as alleged by respondent No. 1, who had knowledge of the same all through; (ii) that the difference of opinion between the directors could not amount to a state of deadlock in the affairs of the company and the deadlock in holding the meeting ..Category: Corporate Law | Date: 8 Jul, 1981 | Hits: 0
Nazera Begum Vs. Motahar Ali Miah being dead, his heirs, Faruk Mia & others, 1981, 10 CLC (HDC)
....ourts below are hereby affirmed. As no one appears on behalf of the respondent, there will be no order as to costs. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 49 ......ent to which the court very reluctantly has recourse, and never until it has exhausted every other means in its power to reconcile apparent inconsistencies, and the rule is subordinate to the general principle that the intention must be ascertained from the entire contents of the deed.” 8......ourts below are hereby affirmed. As no one appears on behalf of the respondent, there will be no order as to costs. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 49 ..Category: Contract Law | Date: 30 Jun, 1981 | Hits: 2
Pubali Bank Vs. Bangladesh Agricultural Development Corporation and another, 1981, 10 CLC (HCD)
.... the case parties are made to bear their own casts in this appeal. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 104, 2 BLD (HCD) (1982) 17. ...... the case parties are made to bear their own casts in this appeal. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 104, 2 BLD (HCD) (1982) 17. ......l Development Corporation and another………Respondents Judgment June 30, 1981 Result: The Appeal is dismissed. Bank is unconditionally bound to make pay the amount on demand Bank guaranteeing satifactory performance of contract by seller. Seller defaul..Category: Banking Law | Date: 30 Jun, 1981 | Hits: 2
Sasanka Sekhar Bose @ Mona Bose Vs. Government of Bangladesh, 1981, 10 CLC (HCD)
....expeditiously as practicable. Send down the records at once. Ed. Abdul Matin Khan Chowdhury J. — I agree. This Case is also Reported in: 34 DLR (HCD) (1982) 32 ......expeditiously as practicable. Send down the records at once. Ed. Abdul Matin Khan Chowdhury J. — I agree. This Case is also Reported in: 34 DLR (HCD) (1982) 32 ...... warrant shall be deemed to be a decree, and the Collector to be the decree-holder, within the meaning of the Code of Civil Procedure, 1908, and the nearest Civil Court by which any decree for a like amount could be executed shall, for the purpose of the said Code, be deemed to be the Court which pa..Category: Procedural Law | Date: 5 May, 1981 | Hits: 2
Registrar, University of Dacca Vs. Dr. Sajjad Hossain And University of Dacca, 1981, 10 CLC (AD)
....sts. Order of the Court In view of the decision of the majority, me appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 348 ......y, evidencing or manifesting, opposition or hostility, other than by way of constructive and meaningful discussion, to the declared objectives, policies, programmes and decisions of the Government or principles underlying them or tendency to undermine the implementation of such policies, and anti-so......ss words, Rather the statute has been drafted in clear language to cover those persons who are still "exhibiting" faith in Pakistan ideology or "manifesting" ardour or zeal "amounting" to collaboration etc……..(51) It is only mental make up of certain..Category: Administrative Law | Date: 30 Apr, 1981 | Hits: 67
M/S Subarna Trading Co. Ltd Vs. M/S Overseas Traders, 1981, 10 CLC (HCD)
....pt of order of this Court. The hearing of the suit must be fixed after intimation of the arrival of the records to the parties. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 142. ...... case back to this court for corning to a decision after hearing both the parties in view of the fact that the order passed by the learned Single Judge of the High Court Division was violative of the principles of natural justice. 4. Mr. Nurul Huq, the learned Advocate, appeared on behalf of th...... of the Senior Advocate has gone against him. It is therefore, ordered that the orders of the Courts below are set aside on condition of the defendant petitioner's paying to the opposite party an amount of Tk. 400/- irrespective of the result of the suit. As noted earlier the said amount has bee..Category: Civil Law, Procedural Law | Date: 10 Mar, 1981 | Hits: 1
Dacca Municipal Corporation Vs. Sonali Bank and Ors., 1981, 10 CLC (AD)
....r of the High Court Division is set aside and Writ Petition No. 135 of 1980 is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 470 ......eficiaries subject to a maximum levy of seven percent of the annual value of the buildings and lands." Rule 16 likewise provides for water-works or supply of water according to the principle as laid down in regard to conservancy and lighting rates subject to a maximum levy of......e of buildings and lands subject to the rules made in this behalf, the tax maybe levied at a rate not exceeding twelve end half per cent of the annual value of buildings and Lads: and the amount less than a rupee may be round off to a rupee: Provided that wh..Category: Administrative Law, Fiscal/Taxation Law | Date: 10 Mar, 1981 | Hits: 111
Rokeya Begum Vs. Shafiqur Rahman & State, 1981, 10 CLC (HCD)
...., below is directed to proceed with the cases in accordance with law. In the result the Rules are made, absolute. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 82 ......-General of or the Superintendent of Police must be treated as an act of the Government itself because such subordinate officer only acts on behalf of the Government. The learned Advocate invokes the principle embodied in the maxim qui facit per alium facit per se. This very principle was canvassed ......, below is directed to proceed with the cases in accordance with law. In the result the Rules are made, absolute. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 82 ..Category: Criminal Law | Date: 4 Mar, 1981 | Hits: 1
Assessing Officer, Narayanganj Range, & Others Vs. Burmah Eastern Limited, 1981, 9 CLC (AD)
....eld that the Writ Petition was maintainable. For the aforesaid reasons this appeal is dismissed but without cost. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 450 ......ve effect cannot be given, unless such effect is given to it in me Statute itself, either expressly or by necessary implication. 16. In Maxwell's Interpretation of Statute, 11th Edition, the principle has been stated as follows: “Every Statute, it has been said, which takes away ......eld that the Writ Petition was maintainable. For the aforesaid reasons this appeal is dismissed but without cost. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 450 ..Category: Fiscal/Taxation Law | Date: 22 Jan, 1981 | Hits: 0
Dr. Nurul Islam Vs. Bangladesh & Others, 1980, 9 CLC (AD)
....ts. The decision of the High Court Division is set aside and the impugned order declared to be of no lawful authority. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 140 ......onal, if the case in which the question is raised can be properly disposed of in some other way. I, therefore, refrain from striking down the section as unconstitutional in adherence to the principles set out herein. Fazle Munim J. - This appeal arises from the judgment and order of a......rit Petition No. 571 of 1979 was passed. It. was, therefore, claimed that the impugned notification issued on June 5, 1980 was issued for achieving collateral purposes and the order contained therein amounted to compulsory retirement. 8. Besides stating these facts, the appellant also mentioned..Category: Administrative Law, Employment/Service Law | Date: 9 Dec, 1980 | Hits: 6
Shamuj Ali & Others Vs. Kamalar-Ma Bibi & Others, 1980, 9 CLC (AD)
....preferred from the decree of reversal of the first appellate Court. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 131 ......which provides that for an application for execution of a decree the period of limitation of three years begins "where there has been an appeal, from the date of the firtal decree." On that principle, the application for restitution was found to have been filed within the period of limitat......preferred from the decree of reversal of the first appellate Court. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 131 ..Category: Civil Law, Procedural Law | Date: 26 Nov, 1980 | Hits: 2
Sudhangshu Kumar Chowdhury & Another Vs. Md. Ali Hossain & Others, 1980, 9 CLC (AD)
....e Judge was justified in decreeing the suit. The appeal is therefore dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 128;46 DLR (AD) (1994) 151 ......e Judge was justified in decreeing the suit. The appeal is therefore dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 128;46 DLR (AD) (1994) 151 ....... The finding of S. C. Court is substance has established that respondents succeeded in proving the relationship of landlord and tenant. But the S. C. Court proceeded to examine the paramount title of the respondents and held that the decree for specific performance was fraudulently o..Category: Civil Law, Procedural Law | Date: 26 Nov, 1980 | Hits: 1
Md. Hazrat Ali Vs. Chairman, Bagladesh Chemical Industries Corporation & another, 1980, 9 CLC (HCD)
....ies Division of the Government of Bangladesh and the Chairman of Bangladesh Chemical Industries Corporation urgently. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 86. ......orporation. 4. So far as the proceeding taken by the authority of the Corporation in dismissing the petitioner from service is concerned, there has not been any non-compliance of any rule or any principle of natural justice as such since the petitioner was given full opportunity to defend himse......he lawful authority of the Bangladesh Chemical Industries Corporation being statutory Corporation to dismiss the present petitioner from his service on account of certain financial irregularities not amounting to constitute any offence under any penal law of the State. In this connection it may be m..Category: Constitutional Law, Corporate Law | Date: 21 Nov, 1980 | Hits: 2
....e 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 (AD) (1981) 75
......e 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 (AD) (1981) 75
......ed by negotiation with the lessors. The lessee chose to take recourse to the extraordinary power of the government to requisition the property. We are constrained to take the view that there was some amount of high-handedness in making the order of requisition, and the order of requisition is a..
Category: Civil Law, Property Law | Date: 6 Nov, 1980 | Hits: 2
Ramani Marak & Another Vs. Jamini Marak & Others, 1980, 9 CLC (AD)
....taken by them in making an order which calls for no interference. This appeal is, therefore, dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 57 ......he case of Kapti Ram Shil Vs. Sumitra Devi (1) and in the case of Mosharaf Hossain Vs. Bangladesh Jute Industries Corporation (2) the injunction granted by the High Court Division was done of correct principles. 4. So far as the case of Mosharof Hossain is concerned, it is to be observed, that ......taken by them in making an order which calls for no interference. This appeal is, therefore, dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 57 ..Category: Civil Law, Property Law | Date: 5 Nov, 1980 | Hits: 1
Mosammat Nurunnahar Begum & another Vs. Abdul Jabbar Mondal & others, 1980, 9 CLC (HCD)
....ought to be pre-empted. The learned District Judge has discarded these documents, the cheques and the counter-foils, on the ground that it was quite uncommon that consideration of a kabala is paid is installments and that there is no evidence to show that the amounts of the cheques were paid to Isra...... compensation. In the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 56 ......rded these documents, the cheques and the counter-foils, on the ground that it was quite uncommon that consideration of a kabala is paid is installments and that there is no evidence to show that the amounts of the cheques were paid to Israil Hossain, The learned District Judge has not at all consid..Category: Property Law | Date: 26 Aug, 1980 | Hits: 2
Messrs Ahmed & Sons Vs. Messrs Eastern Technique & others, 1980, 9 CLC (HCD)
....before the trial Court for addition of the proposed parties. The application is accordingly rejected. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 67 ......before the trial Court for addition of the proposed parties. The application is accordingly rejected. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 67 ......dure. 2. Plaintiff filed Money Suit No. 23 of 1980 for recovery of certain sum of money and made the following prayer: "for a decree against the defendant No.1 for realisation of money amounting to Tk. 327 02 361/61 (Taka three crore twenty seven lac two thousand and three hundred six..Category: Civil Law, Corporate Law | Date: 6 Aug, 1980 | Hits: 1
Nurul Islam & others Vs. Md. Abdur Rashid, 1980, 9 CLC (HCD)
....ed order calls for no interference by this Court. The rule is accordingly discharged without any order as to cost. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 25. ......ed order calls for no interference by this Court. The rule is accordingly discharged without any order as to cost. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 25. ......y its pecuniary limits, Section 6 reads as follows:- "Save in so far as is otherwise expressly provided, nothing herein contained shall operate to give any Court jurisdiction over suits the amount or value of the subject matter of which exceeds the pecuniary limits (if any) of its ord..Category: Civil Law, Procedural Law | Date: 6 Aug, 1980 | Hits: 1
Commissioner of Income Tax, Chttagong Zone Vs. M/S K. Raman & Co. Ltd, 1980, 9 CLC (HCD)
....ncome Tax Act. The question raised in this application having been answered in the affirmative, this application is rejected. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 55 ......ncome Tax Act. The question raised in this application having been answered in the affirmative, this application is rejected. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 55 ......ammad Husain J. - This is an application at the instance of the Commissioner of taxes, Chittagong Zone under Section 66 of the Income Tax Act for the decision of this Court on the question whether an amount received on account of the termination of a contract for sole distributorship for sale o..Category: Fiscal/Taxation Law | Date: 22 Jul, 1980 | Hits: 2
Benode Behari Saha Vs. Nitya Gopal Saha, 1980, 9 CLC (AD)
....of section 17 of the Provincial Small" Cause Courts Act. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 95 ......of section 17 of the Provincial Small" Cause Courts Act. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 95 ......ellip;…….Respondent Judgment July 15, 1980 Result: The appeal is dismissed. Small Causes Courts Act (IX of 1887), Section 17(1) Proviso Deposit of decretal amount or furnishing of security with the application, not mandatory—Application to set a..Category: Civil Law, Procedural Law | Date: 15 Jul, 1980 | Hits: 1
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