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Gooryonly (BD) Textile Ltd. Vs. Chartkar Information Holding Ltd. and ors., 2002, 31 CLC (AD)
.... consistent decision of this Court is that the has no jurisdiction to pass an order of attachment before judgment against the proceeds of the letter of credit payable to a supplier by a commercial bank for any alleged dispute between the buyer and the seller, which principle have been followed i......nters into a contract with the negotiating bank to make payment under the letter of credit on receipt of the document contemplated in the letter of credit and in the event of any discrepancy in the documents the negotiating bank has no authority whatsoever to receive the payment. Thus the Bank u..Category: Civil Law | Date: | Hits: 115
State Vs. Monu Miah and others, 2001, 30 CLC (AD)
....could not trace her out. They went to the local Chairman who advised them to make further search. Informants younger brother Noor Mohammad found the dead body on 29-5- 1993 at 6-30 AM on the southern bank of the pond in between the homestead of Hossain Ahmed Munshi and Monu Miah and raised hue and c......ral also could not point out any illegality or infirmity therein for our interference. Thus the petition is, accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 60. ..Category: Criminal Law | Date: | Hits: 59
BRAC and others Vs. Professor Mozaffar Ahmed and others, 2002, 31 CLC (AD)
.... out under section 20 of the Societies Registration Act but nowhere under the terms of registration BRAC is permitted to undertake the activities of sponsoring, owning, controlling, or operating a banking company or, operating a banking company or, for that, matter an airline, shipping company, ......declared is called the instrument of trust. This section also provides meaning of word registered. Under this law registered means registered under the law for the registration of documents for the time being in force. This means that if it is a registered trust then this must b..Category: Constitutional Law | Date: | Hits: 199
Akbar Hossain (Md) Vs. MD, Agrani Bank and others, 2002, 31 CLC (AD)
.... In view of the above, the petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 21. ...... In view of the above, the petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 21. ..Category: Employment/Service Law | Date: | Hits: 83
S. M. Iqbal Hossain Vs. Managing Director, I F I C Bank Ltd., 2006, 35 CLC (AD)
....etitioner himself issued the disputed pay order for Tk. 1,00,000.00 against deposit of Tk. 100.00 only, the petitioner cannot escape the liability of at least of the Rules, Regulations, etc. of the bank constituting misconduct warranting removal from service.……..(21, 22 and 27) ......that the High Court Division took a correct view in the matter and as such the impugned judgment does not call for our interference. The petition is, therefore, dismissed. Ed. ..Category: Employment/Service Law | Date: | Hits: 78
M/S. Noor Crokaries and another Vs. Islami Bank Bangladesh Ltd. and others, 2006, 35 CLC (AD)
....ourt Division has rightly passed the impugned order and no interference is called for. In the aforesaid, premises, we find no merit in this petition and accordingly, it is dismissed. Ed. ......oner No.2 was that the defendant-petitioner No.2 never opened any account with the plaintiff-Bank and did not submit any photo to the said Bank and also did not put his signature on any papers and documents. The further case of said defendant was that the trade licence produced by the plaintiff-..Category: Banking Law | Date: | Hits: 120
Md. Anarul Islam and others Vs. State and another, 2006, 35 CLC (AD)
....he company may proceed against the accused-appellants for the allegations in the petition of complaint in the appropriate forum and in accordance with law. Ed. This Case is also Reported in: ......he company may proceed against the accused-appellants for the allegations in the petition of complaint in the appropriate forum and in accordance with law. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 50
A. R. A. Jute Mills Limited Vs. Janata Bank and others, 2006, 35 CLC (AD)
....Janata Bank instituted the aforesaid suit against the petitioner stating, inter alia, that the petitioner availed c.c. hypothecation’ and c.c. pledge' loan facilities/limits of the plaintiff bank in 1982-83 on execution of charge documents and 'Letter of Guarantee' and also executed&......inst the petitioner stating, inter alia, that the petitioner availed c.c. hypothecation’ and c.c. pledge' loan facilities/limits of the plaintiff bank in 1982-83 on execution of charge documents and 'Letter of Guarantee' and also executed mortgage deeds, relating to immova..Category: Banking Law | Date: | Hits: 121
Md. Ashaduzzaman Vs. Bangladesh, 2006, 35 CLC (AD)
....r filed the Writ Petition challenging the holding of office of Chairman, Jhalakati Pourashava by Respondent No.4 on the grounds, inter alia, that at the time of filing of nomination paper he was a bank loan defaulter and as such he was disqualified to file nomination paper and to get elected as ......pal amount he borrowed from the Bank. In the above facts and circumstances of the case, we find no merit in the leave petition. Accordingly, the petition is dismissed. Ed. ..Category: Election Law | Date: | Hits: 120
Md. Saifur Rahman Emam Vs. Government of Bangladesh, 2006, 35 CLC (AD)
....likapur Union Parishad, District-Patuakhali scheduled to be held on 05.04.2006. The nomination paper of the writ petitioner was declared invalid by the Returning Officer on the ground that he is a bank loan defaulter, as per papers submitted before the Returning Officer by the Manager, Rupali Ba......ering the facts and circumstances of the case, we do not find any cogent reason to interfere with the judgment of the High Court Division. 8. Accordingly the petition is dismissed. Ed. ..Category: Election Law | Date: | Hits: 119
Md. Habibur Rahman Vs. M/S. Uttara Bank Ltd., 2005, 34 CLC (AD)
....our discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) 59. ......e Artha Rin Adalat case and the proceedings of the Execution case initiated in the light of the decree of the Artha Rin Adalat case are illegal, collusive and not binding upon the plaintiff, that the documents on the basis whereof decree in the Artha Rin Adalat case obtained were collusive, forged,..Category: Civil Law | Date: | Hits: 130
Com. of In. Tax, Dacca Zone, Dacca Vs. M/S. Badridas Full-chand, Saidpur, Rangpur, 1981, 10 CLC (AD)
....eal is allowed. The judgment of the High Court Division is hereby set aside and the answer of the question under section 66 (1) must be in the negative. There will be no order as to costs. Ed. ......ces under sections 22(4) and 23(2) of the Income-tax Act but there was no compliance with these notices. 11. Section 22(4) provides for notice to produce account books and other documents which will be required by the Income-tax Officer. Notice under section 23(2) can be serve..Category: Fiscal/Taxation Law | Date: | Hits: 76
Siddique Ahmed Chowdhury & others Vs. Gani Ahmed and others, 1979, 8 CLC (AD)
.... Proksih Mara, 67 I.A, 377—45 C, W.N. 159. It was a suit where the question involved was whether the mortgage deed executed by the pardanashin woman, Nirod Bashini Mitra in favour of the plaintiff- bank was binding on her. The pardanashin lady was defendant 1, and so the dispute in the suit was di...... so the disposition of property made by her in favour of her grandsons, defendants 1 and 2 in order to be valid, required to be proved by the grandsons that the lady made intelligent execution of the documents, and that in so doing she got independent and disinterested advice. The trial Court held..Category: Property Law | Date: | Hits: 53
Bangladesh Vs. Hail Abdul Gani Biswas and others, 1980, 9 CLC (AD)
....ion of the High Court Division set aside and remitted back to the High Court Division for disposal. There will be no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 233 ......as 15 years. The effect is that no usufructuary mortgage of the raiyati holding when even created can ensure for a longer period than 15 years and they will be statutorily redeemed. Registration of documents creating a complete usufructuary mortgage for exceeding 15 years or usufructuary mortgage ..Category: Property Law | Date: | Hits: 85
Director of Taxation & Excise, Govt of East Pak. (now BD) Vs. Mehdi Ali Khan Panni, 1980, 9 CLC (AD)
....y order as to costs. ORDER OF THE COURT According to the majority view the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 138 ......y order as to costs. ORDER OF THE COURT According to the majority view the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 138 ..Category: Trust/Waqf Law | Date: | Hits: 239
State, People's Republic of Bangladesh and others Vs. Haji Joynal Abedin, 1980, 9 CLC (AD)
....the decision of the majority the appeal is allowed. The judgment and order of the High Court Division dated May 4, 1978 are set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 110. ......so as amicus curiae while supporting the arguments advanced by Mr. Serajul Huq and Mr. Ishtiaq Ahmed submitted that the historical backgrounds should be kept in mind while construing constitutional documents. He pointed out that while placing the whole of Bangladesh under Martial Law by the Procla..Category: Criminal Law | Date: | Hits: 294
A. Z. Rafique Ahmed Vs. BD Council of Scientific and Industrial Research & ors, 1980, 9 CLC (AD)
....he Council with the prior approval of the Government; and (e) receipt from other sources allowed by the Government. (2) All money in the fund of the Council shall be deposited in such bank or banks as may, from time to time be approved by the Governing Body, and no money shall be wi......ion is set aside and it is declared that the order of dismissal of the appellant is without any lawful authority and of no legal effect. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 83 ..Category: Employment/Service Law | Date: | Hits: 130
Abul Khair Miah being dead his heirs: Abul Kashem and ors Vs. Bangladesh & ors, 1980, 9 CLC (AD)
....vision is set aside and the impugned order of the Enemy Property authority is declared to be illegal and without any lawful authority. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 29 ......vision is set aside and the impugned order of the Enemy Property authority is declared to be illegal and without any lawful authority. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 29 ..Category: Property Law | Date: | Hits: 58
Haji Nurul Alam @ Haji N A Sawdagar Vs. Al-Haj Abdus S Sawdagar Wakf Estate & anr, 1993, 22 CLC (AD)
....he 1st Court of Assistant Judge, Chittagong, is directed to be dispoed of as early as possible, not later than the 30h November, 1992. Ed. This Case is also reported in: 45 DLR (AD) (1993) 168. ......er the land in dispute. The learned Single Judge also directed the trial Court to appoint a Pleader Commissioner immediately in order to measure the two plots of land and demarcate their areas as per documents by a competent surveyor and upon receipt of the report of the Pleader Commissioner, the tr..Category: Property Law | Date: | Hits: 66
Al-HaJ Mirjahan Vs. Golden Biscuit Co., 1993, 22 CLC (AD)
.... order of the High Court Division allowing the tenant's application for making deposit of rent. 5. Both the petitions are dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 166 ...... order of the High Court Division allowing the tenant's application for making deposit of rent. 5. Both the petitions are dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 166 ..Category: Tenancy Law | Date: | Hits: 71