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Energy Prima Ltd Vs. People's Republic of Bangladesh and others, 2012, 41 CLC (HCD)
....ixty one thousand six hundred and sixty seven cents eighty two). 4. The brief facts necessary for disposal of these writ petitions are as follows: 5. The petitioner is doing the business of generating and selling of electricity on rental basis or under IPP, BOO & EOT b.....................Respondents Judgment July 29, 2012. Result: Both the Rules are discharged. Cases Referred to- State of UP Vs. Bridge & Roof Co. (India) Ltd. Reported in AIR 1996 SC 3515 at 3520; Kanaiyalal Lalchand Sachdey Vs. State of Maharrashtra, 2 SCC 782;......pt of purchase electric power and energy on rental basis was not in existence. Next, he submits that the rental basis power stations is established for a particular period and the exemption from corporate income tax for a period of 15 years is given for independent Power Project (IPP) only, whi......anted earlier by this Court is hereby vacated accordingly. There is no order as to costs. Communicate this judgment at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 67 ..Category: Business or Commercial Law, Constitutional Law | Date: 29 Jul, 2012 | Hits: 6
M/s. Sadharan Bima Corporation Vs. United Fish Exports Limited and others, 2012, 41 CLC (AD)
....t that there is no merit in these Civil Petitions for leave to appeal and in the circumstances both the civil petitions are dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 563. ......te Division (Civil) Present: Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J M/s. Sadharan Bima Corporation.........................Petitioner (In both the cases) Vs. United Fish Exports ......e judgment and decree of the trial court. 6. The case of the plaintiff of Money Suit No.19 of 1993 (the present respondent No.1), in short, was that the plaintiff was a private limited company incorporated on 31st December, 1987 and had been carrying on fish processing and exporting busines......The accident of leakage of ammonia in the insured factory took place on 22.05.1992. Admittedly, immediate after this accident the plaintiff informed the insurance company and also all other concerned bodies including the lending bank, police etc. about that accident and filed its claim of insurance ..Category: Business or Commercial Law | Date: 26 Feb, 2012 | Hits: 616
Professor Mahbub Ahmed and others Vs. Securities and Exchange Commission, 2011, 40 CLC (HCD)
.... induce any persons by deceiving him to or omit to do anything which he would not do or omit if he were not so deceived; or (e) do any act or practice or engage in a course of business, of omit to do any act which operates or would operate as a fraud, deceit or manipulation u......al Revisional Jurisdiction) Present: Enayetur Rahim J Sheikh Md. Zakir Hossain J Professor Mahbub Ahmed and others.......Petitioners Vs. Securities and Exchange Commission............. All the Rules are discharged. Securities and Exchange Ordinance (XVII of 1969); Section 24 Where the person guilty of an offence referred to sub-section (1) is a company or other body corporate, even Director, Manager or other Officer responsible for the conduct of its affairs shall,...... preferably within 6(six) months from the date of the receipt of this judgment. Communicate the Judgment and order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 87. ..Category: Business or Commercial Law, Criminal Law | Date: 23 Nov, 2011 | Hits: 9
Tae Hung Packaging (BD) Limited and others Vs. Bangladesh and others, 2011, 40 CLC (HCD)
.... the complaint do not disclose an offence. In that case a complaint was made on the allegation that the accused borrowed from time to time from the complainant some money for the purpose of their business. One accused issued two cheques for repayment which were dishonoured. The complainant a...... appeals and the leave petition are dismissed. Cases Referred to- ACC Vs. Dr HBM Iqbal, 15 BLC (AD) 45; Haryana Vs. Bhajan Lai, AIR 1992 SC 604; Dhaka Ware House Ltd Vs. Assistant Collector, 11 BLD (AD) 227; Mujibur Rahman Vs. Bangladesh, 44 DLR (AD) 111; Bangladesh Vs. Iqbal Hasan Mah......n Bangladesh, came here with a substantial sum of money and injected the same in the company, limited by shares. The Company is engaged in the business of garments packaging products. It was incorporated in Bangladesh on 1-1-1996 pursuant to a joint venture agreement dated 14-9-1996, execute......nd my learned brother, Md. Abdul Wahhab Miah J. I agree with the judgment of my learned brother, Md. Abdul Wahhab Miah J. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 144. ..Category: Business or Commercial Law | Date: 20 Jul, 2011 | Hits: 39
....he suit was not interest, but compensation in the form of interest. Interest was not awarded by way of damages but the prevailing rate of bank interest was taken into consideration for measuring business loss and damages of the plaintiff and court is not prevented from adopting this method for ......adesh Shilpa Rin Sangstha Order (PO 128 of 1972); Article 33(1)(d)
The High Court Division concurred with the decision of the trial court excepting that the awarding of interest of Taka 33 lakh for the period prior to the institution of the suit was not interest, but compensation in the form of......GLADESH SHILPA RIN SANGSTHA
(BSRS)
Agrani Bank Building Motijheel C/A, Dhaka.
UNDERTAKING
Dear Sir,
WHEREAS:
i) You have granted to us She Shipping Lines Ltd a Company incorporated under the Companies Act, 1913 and having our registered office at Previous 17, Siddeswari......rther compensation calculated at the rate of bank interest prevalent at the time of the institution of the suit.
Ed.
This Case is also Reported in: 20 BLC (AD) (2015) 66.
..
Category: Business or Commercial Law, Labour and Industrial Law | Date: 13 Dec, 2010 | Hits: 10
Nuvista Pharma Limited Vs. Chairman, National Board of Revenue & ors, 2010, 39 CLC (AD)
....facts of the case in brief are that Organon (Bangladesh) Limited, a pharmaceutical company was registered for VAT. The majority shareholder of Organon Bangladesh Limited decided to discontinue the business in Bangladesh. As a result the shareholding and controlling interest in the petitioner c......J Md. Muzammel Hossain J Surendra Kumar Sinha J Nuvista Pharma Limited...............................Petitioner Vs. Chairman, National Board of Revenue & ors......Respondents Judgment January 4, 2010. Result: The leave petition is di......for imposition and realization of VAT is required to be followed. Section 15 of the VAT Act provides for registration of VAT. According to section 2(b) any person includes business organization, incorporated body and any association, section 18 of the VAT Act, 1991 provides that if any person ......der. In the premises we do not find any merit in the leave petition. In the result, the leave petition is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 302. ..Category: Business or Commercial Law | Date: 4 Jan, 2010 | Hits: 4
R.K. Jute Mills Ltd. Vs. Government of Bangladesh and others, 2006, 35 CLC (HCD)
....ther or further order or orders as to this Court may seem fit and proper. 2. The relevant facts are that the petitioner company is incorporated under the Companies Act and is engaged in the business of manufacturing jute products and exports of the same. There are 3 godowns within the mill......urt High Court Division (Special Original Jurisdiction) Present: Syed Amirul Islam J Zubayer Rahman Chowdhury J R.K. Jute Mills Ltd., represented by its Managing Director, 28, Dilkusha Commercial Area, Motijheel, Dhaka……………&hell......d without lawful authority and is of no legal effect or such other or further order or orders as to this Court may seem fit and proper. 2. The relevant facts are that the petitioner company is incorporated under the Companies Act and is engaged in the business of manufacturing jute product....... The Rule is discharged without any order as to costs. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 579. ..Category: Business or Commercial Law | Date: 3 Aug, 2006 | Hits: 5
....Bond/96/17407, evidenced by Annexure-E to the Writ Petition, is declared to be without lawful authority and of no legal effect.
Ed.
This Case is also Reported in: 26 BLD (HCD) (2007) 471.
......ellip;…………………………………….Petitioner
Vs.
The Commissioner of Customs, Customs House, Dhaka & ors…………..Respondents
Judgment
May 25, 2006.
Result:
......Bond/96/17407, evidenced by Annexure-E to the Writ Petition, is declared to be without lawful authority and of no legal effect.
Ed.
This Case is also Reported in: 26 BLD (HCD) (2007) 471.
......Bond/96/17407, evidenced by Annexure-E to the Writ Petition, is declared to be without lawful authority and of no legal effect.
Ed.
This Case is also Reported in: 26 BLD (HCD) (2007) 471.
..
Category: Business or Commercial Law, Civil Law | Date: 25 May, 2006 | Hits: 5
....nce
of his undertaking the agent must act in accordance with the authority which
has been given to him. In the absence of express authority he must act in
accordance with the general nature of the business, i.e. within his implied
authority or he must act in accordance within his usual or custom......y 9, 2006.
Result:
The Rule is
discharged.
Obligations
of an agent
An agency relationship
will arise from an agreement particularly from a contract, the express or implied
terms of which govern the rights and liabilities of the parties. In the absence
of an...... amendments have been made in the law and new Rules and Regulations have
been framed thereunder. Section 2A(2) of the Ordinance, 1969 as amended by Act
15 of 1993 provides that no company whether incorporated in Bangladesh or not,
shall, except with the consent of the commission-
(a) make......
In the result, the
Rule is discharged.
Communicate the
judgment and order immediately to the parties concerned.
Ed.
This Case
is also Reported in: 28 BLD (HCD) (2008) 57.
..
Category: Business or Commercial Law | Date: 9 May, 2006 | Hits: 6
.... applied for. It has been further alleged by the respondent No.4 that on 2‑4‑2002 one of the officials of the petitioner company was caught red-handed by the respondent No.1 removing confidential business documents of another industrial enterprise namely, HKD (Hi-Tech) Limited from BEPZA office ......
This Case is also Reported in: 57 DLR (2005) 631.
......g tent permission in favour of the petitioner should not be declared to have been passed without any lawful authority and is of no legal effect.
2. The petitioner, a 100% foreign-owned Company incorporated in Bangladesh under the Companies Act, 1994 and a subsidiary of North Pole Limited, Hong ...... dispose of the application of the petitioner for manufacturing tent at Chittagong EPZ within 2(two) months of receipt of this order.
Ed.
This Case is also Reported in: 57 DLR (2005) 631.
..
Category: Business or Commercial Law | Date: 17 Aug, 2004 | Hits: 2
Securities and Exchange Commission, represented by its Chairman Vs. Runa N Alam, 2004, 33 CLC (AD)
....ell‑settled principles, such section should be constructed strictly. The words “responsible for the conduct of its affairs" mean that the person should be in overall control of the day‑to day business of the company, namely in the present cast the business of brokerage of the company. The re......t: The appeal is allowed. The Code of Criminal Procedure, 1898 (V of 1898), Section 265C Section 265C of the Code of Criminal Procedure enjoins a duty upon the Court, to consider the record of the case and the documents submitted therewith and upon hearing the submissions of the accuse......which may extend to five years, or with fine which may extend to five lakh taka or with both. (2) Where the person guilty of an offence referred to in sub‑section (1) is a company or other body corporate, every director, manager or other officer responsible for the conduct of its affairs shall......cordingly, set aside. The learned Additional Sessions Judge shall proceed against the accused in accordance with law. The appeal is accordingly allowed. Ed. This Case is also Reported in: ..Category: Business or Commercial Law | Date: 5 Jan, 2004 | Hits: 340
Smart Apparels (Pvt.) Ltd. Vs. Hanvit Bank Kuni Bong Branch and ors., 2005, 34 CLC (AD)
....ces, we direct the trial Court to dispose of the temporary injunction matter within 4 weeks from the date of receipt of this order. The petition is dismissed. Ed. ......lul Karim J Md. Hamidul Haque J Md. Tafazzul Islam J Smart Apparels (Pvt.) Ltd….. ................Petitioner Vs. Hanvit Bank Kuni Bong Branch and ors………..Respondents Judgment November 2, 2003. Th......ces, we direct the trial Court to dispose of the temporary injunction matter within 4 weeks from the date of receipt of this order. The petition is dismissed. Ed. ......ces, we direct the trial Court to dispose of the temporary injunction matter within 4 weeks from the date of receipt of this order. The petition is dismissed. Ed. ..Category: Business or Commercial Law | Date: 2 Nov, 2003 | Hits: 783
United Commercial Bank Ltd. Vs. Jahangir Alam Khan & ors., 2004, 33 CLC (AD)
....sent Chairman and respondent No. 3 resulting in extremely alarming and strenuous relationship amongst the Directors of the Company which has derogatory effect of undesirable consequences so far the business of banking Company, the court could give such consequential direction while granting an a......angir Alam Khan and others ………….Respondents Judgment April 22, 2003. The Companies Act, 1994 (XVIII 1994), Section 85(2) (3) If for any reason it is impracticable to call, hold and conduct a meeting on the happening of any circu......comment on it. 11. However, in any view of the matter, the impugned order does not suffer from any infirmity for our interference. The petition is dismissed. Ed. ......comment on it. 11. However, in any view of the matter, the impugned order does not suffer from any infirmity for our interference. The petition is dismissed. Ed. ..Category: Business or Commercial Law | Date: 22 Apr, 2003 | Hits: 201
Giasuddin Ahmed Vs. Green Delta Insurance Co. Ltd. & anr., 2004, 33 CLC (AD)
....f such shares. Dr Kamal Hossain submits that the points raised involve a substantial question of public importance relating to transfer of shares in a public company and will have great impact on business and economic activities." 13. Dr Salauddin Ahmed, the learned Advo......and another .....................Respondents Judgment May 28, 2003. The Companies Act, 1913(VII of 1913), section 34 (7) Discretion of the Board of directors of a company under its articles of association to refuse registration of transfer of its shares...... was very high. It appears to us that is the main reason for which the company did not want to register the transfer of share in favour of the appellant. 32. The respondent No. I was incorporated on 14‑12‑1985 and it received the certificate of commencement of business on......s both seen and taken together would not bar the respondents to register the appellant's share. In view of the above the appeal is allowed without any order as to costs. Ed. ..Category: Business or Commercial Law | Date: 24 Mar, 2003 | Hits: 286
Nahar Shipping Lines Ltd. & anr. Vs. Homera Ahmed & ors., 2004, 33 CLC (AD)
....7 the Board of Directors resolved to dismiss Ashraf Ahmed who was petitioner No. 4 before the entire company matter from his position as director. But by that time he had opportunity to observe the business of the company thoroughly and knew how much business it was and should be doing. The exec......; Judgment March 12, 2003. The Companies Act, 1994 (XVIII of 1994), section 233 The object of remedy under this section is to negate the impact of the prejudicial or other relevant misconduct on the part of the majority share holders. It may take any form that i......ual Return of the petitioner company. 3. The facts stated in the petition under section 233 of the Companies Act 1994 was that the Petitioner Company Nahar Shipping Lines Limited was incorporated as a Public Limited Company in July 1979. 5000 fully paid up shares were issued at the t......ourt Division in the company matter, we do not find any reason to grant leave against the said judgment. The petition is therefore, dismissed and the delay is condoned. Ed. ..Category: Business or Commercial Law | Date: 12 Mar, 2003 | Hits: 273
Ahmed Impex (Pvt) Ltd. & others Vs. Moqbul Ahmed & others, 2002, 31 CLC (AD)
....se appellants, the respondents on 16‑11‑1986 verbally agreed to transfer if an undated cheque for Taka 5.00 lac be given to them representing the value of their shares and claim on profits in the business of the company and they promised to return the cheque for the equivalent cash amount when t......: The appeal is dismissed. The Companies Act, 1994 (XVIII of 1994), Section 38 The provision of section 38 of the Companies Act gives the Court a wide discretion to scrutinise any fraud, error or undue influence or misrepresentation in the matter of transfer of any share and grant relief c......wing the appeal under section 38 of the Companies Act. 2. The short facts leading to this appeal are that Ahmed Impex Company (Pvt.) Ltd. which will hereafter be referred to as the company, was incorporated under the Companies Act 1913 as a private company limited by shares, the authorised capit......ge of the High Court Division and accordingly, affirm the impugned judgment and order. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: ..Category: Business or Commercial Law | Date: 5 Nov, 2002 | Hits: 208
Agrani Bank Vs. Bangladesh Tyres Ltd and others, 1990, 19 CLC (AD)
....nsufficient to meet the existing liabilities, it is heavily indebted to various creditors, all its assets being in mortgage or in pledge, and there is no possible chance of a profit being made or its business carried out. Cases Referred to- The Punjab Flying Club Limited AIR (1933) Lah, 30...... 1990. Result: The appeal is allowed. The Companies Act, 1913- Section 162 Clause (vi), 163 read with section 166 Whether the Appellate Court was wrong in setting aside the order of winding up- The learned Judges in considering the appeal against a winding up order to....... D 151; Re, Taldua Rubber Co. Ltd. (1946) 2 ALL ER. 763) The substratum of a company will be deemed to be gone when (a) the subject matter of the Company is gone or (b) the object for which it was incorporated has substantially failed or (c) it is impossible to carry on the business of the Company ......learned Company Judge. In the result, therefore, the appeal is allowed without any order as to cost. The impugned judgment is set aside and the order of the learned Company Judge restored. Ed. ..Category: Business or Commercial Law | Date: 29 Aug, 1990 | Hits: 122
Dr. Naimur Rahman and another Vs. Shahbazpur Tea Co. Ltd and another, 1991, 20 CLC (AD)
....ons were denied by respondent No.2 and he set up a counter‑allegation stating that the appellant No.1 acquired a Tea Garden in his own name and lost all interests in the company’s affairs and business and as such the Board of Directors in pursuance of their power given under clause 17(g) of ......l No. 59 of 1984) Judgment June 19, 1990. Result: The appeals are dismissed. The Companies Act, 1913; Section 162 Whether the learned Company judge fell into serious error of law in staying sine die all further proceedings of winding up petitions without taking oral ev......sis of the statements and grounds as contained in the winding‑up applications as the applications are strictly confined to the grounds expressly taken in these petitions. Even new facts cannot be incorporated by amendment in the existing applications for winding up and on that score as well the re......erve any useful purpose. 12. In the result, these appeals are dismissed with the observation made above. In the facts and circumstances of the case there will be no order as to costs. Ed. ..Category: Business or Commercial Law | Date: 19 Jun, 1990 | Hits: 124
The State Vs. Abdul Awal, 1983, 12 CLC (HCD)
....lip;………. (iii) offices of or under any local authority a trust, a corporation or any other public statutory body, which is not run for profit or gain or in the course of its business does not make any profit or gain". 8. Mr. Asrarul Hossain submits that the office......February 13, 1983. Result: The Appeal is dismissed. Whether the Nationalized Sonali Bank comes under the purview of the Shops and Establishments Act 1965 (Act No.VII of 1965) The words "commercial establishment" have been defined in section 2(d) in The Shops and Establi......ic statutory bodies, as they existed before the liberation of Bangladesh with some variations to suit the changing needs. These public statutory bodies including the nationalised banks came to have a corporate personality and a juristic entity of their own and they can sue and be sued in the ordinar......a reading of P.O. No.26 of 1972, as amended upto date it appears that the mechanism of running the nationalised banks in Bangladesh is no different from that of running several other public statutory bodies before the liberation of Bangladesh. The nationalised banks, in their structure and organisat..Category: Business or Commercial Law | Date: 13 Feb, 1983 | Hits: 1
Bangladesh Steamer Agents Association Vs. Bangladesh, 1982, 11 CLC (AD)
.... 10, 1981 Result: Appeal is dismissed Trade Organization Ordinance (XLV of 196(1); Section 8(1)(b) Whether Government can prohibit a registered trade organisation from carrying on business of weighment, measurement etc. by directing it to delete the relevant clause of its memoran......p; Judgment February 10, 1981 Result: Appeal is dismissed Trade Organization Ordinance (XLV of 196(1); Section 8(1)(b) Whether Government can prohibit a registered trade organisation from carrying on business of weighment, measurement etc. by directing it to delete the ......ns raised by the learned Counsel of the appellant. The appeal is dismissed, but without any Order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 467 ......ns raised by the learned Counsel of the appellant. The appeal is dismissed, but without any Order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 467 ..Category: Business or Commercial Law | Date: 10 Feb, 1981 | Hits: 113
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