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Agrani Bank. Vs. Ansarul Hoque and ors, 2006, 35 CLC (AD)
....s that though the above Rule was issued on 20-11-2000, the petitioner received the notice only on 9-12-2000 just before winter vacation and forwarded the same to the Legal Adviser of the appellant bank who on 14-1-2000 i.e. immediately after re-opening appeared but found that the Rule has alread...... Division cannot be sustained. Accordingly, the appeal is allowed without any order as to costs and the judgment and order passed by the High Court Division is set aside. Ed. ..Category: Banking Law | Date: | Hits: 101
Agrani Bank and other Vs. Essential Garments Ltd. and others, 2006, 35 CLC (AD)
....o. 60 of 2000. 2. The writ petition was filed stating, inter alia, that the petitioners are involved in manufacturing and export of readymade garments and enjoying loan, overdraft and banking facilities from the appellant Bank, that they have filed Title Suit No. 10 of 1998 seeking ......petition. 23. In the background of our discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed without any order as to cost. Ed. ..Category: Banking Law | Date: | Hits: 121
Abdul Mannan Vs. Tayeb Ali and others, 2006, 35 CLC (AD)
....ontract for sale between him and the defendant, that PWs 3 and 4 have corroborated PW 1 as regard the writing of the kabala and execution thereof, that fact of writing of the kabala in front of the bank has been proved, that from the evidence of the PWs 1 and 2 it is seen that the kabala was pre......rit. 16. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. ..Category: Property Law | Date: | Hits: 66
Abdul Kader Vs. Secretary, Election Commission and others, 2006, 35 CLC (AD)
....itted that the respondent Nos. 2 and 3 illegally rejected the nomination paper of the petitioner as the petitioner ceased to be a defaulter on the date when down payment was accepted and the bank had assured time for six months more to repay his loan. The learned Advocate further submitted......f their duties." 8. In view of the above, we do not find any substance in the submissions of the learned Advocate for the petitioner. The petition is dismissed Ed. ..Category: Election Law | Date: | Hits: 106
Sec., Min. of Food, Government of BD & ors Vs. Md. Sirajuddin Ahmed & ors, 2006, 35 CLC (AD)
....aka 3,000 in favour of the plaintiff-respondent No. 1 within two months from the date of receipt of this order by the trial Court, in default, this appeal shall stand dismissed. Ed. ......ment but the added defendant-appellant preferred appeal before the District Judge and did not take advantage of the opportunity available to him for submitting the case of the appellant and produce documents in support of the claim at least as additional evidence under Order XLI, rule 27 of the C..Category: Property Law | Date: | Hits: 66
Government of Bangladesh Vs. Amora Holding Inc. Panama and other, 2006, 35 CLC (AD)
.... not sustainable in law and the same is accordingly, set aside and accordingly, the Rule is recalled. In the result, the appeal is allowed without any order as to costs. Ed. ......sed on them for smuggling. The Captain and the crew members replied to the show cause notice denying all the allegations stating that as per instructions of the owner they loaded cargoes with valid documents for different ports and sailed for Colombo via Chittagong. The Collector of Customs aft..Category: Business or Commercial Law | Date: | Hits: 96
Abdur Rashid Mollah Vs. Bangladesh, 2003, 32 CLC (AD)
....r the appellant in the case of Bangladesh vs. Amena Khatun reported in 55 DLR (AD) 55. The appeal is accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: ......he writ petition before the High Court Division which discharged the Rule upon finding, inter alia, that the appellant had filed only the photocopy of the lease deed of Abdul Hafiz and no other basic documents. The certified copy of the original deed was obtained on 22-8-78. He also did not file the..Category: Property Law | Date: | Hits: 108
Nagendra Chandra Sarkar Vs. Aftabuddin and others, 1992, 21 CLC (AD)
....ble. In the circumstances, we do not think it proper to interfere with the order of acquittal. The appeal is therefore dismissed. Send down the record of the trial Court immediately. Ed. ...... Left Thumb Impressions (LTI's) of the purported executants; he also obtained three other registered Sale‑deeds containing admitted and standard LTI's of these executants and forwarded these documents to the CID, Dhaka for examination and report by the Fingerprint and Handwriting Experts. ..Category: Criminal Law | Date: | Hits: 68
Sonali Bank Vs. United Commercial Bank Ltd. and others, 1992, 21 CLC (AD)
....debtor No. 2 had taken loan from the UCBL earlier and he deposited his share certificates afterwards with an authority to sell the same in order to make part adjustment of his loan, the respondent bank rightly exercised banker's lien as provided in section 171 of the Contract Act. No argument ha......s which were lying with respondent No. 1 against the outstanding liabilities of the judgment‑debtor No. 2 were sold and the share certificates were delivered to the purchasers. Ed. ..Category: Business or Commercial Law | Date: | Hits: 124
Mohammad Eunus and Brothers (Pvt) Ltd. Vs. Registrar, University of Chittagong ,1992, 21 CLC (AD)
.... considered. But in the present case interest was set aside by my learned brother by giving good reasons on the fact of this case. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 296. ......the arbitration proceedings and announced his award on 20.5.89. It was an exhaustive proceeding in which statement of claim and written objection were filed, witnesses were examined and a plethora of documents were submitted by both sides. 17. The Arbitrator of the 87th meeting of P & D C..Category: Alternative Dispute Resolution | Date: | Hits: 202
Qazi Karnal Vs. Rajdhani Unnayan Kartripakha and another, 1992, 21 CLC (AD)
....bsolute and it is hereby directed that the name of the appellant be mutated in place of the original lessee Md. Abdul Matin, in the relevant registers and papers of the respondents. Ed. ......bsolute and it is hereby directed that the name of the appellant be mutated in place of the original lessee Md. Abdul Matin, in the relevant registers and papers of the respondents. Ed. ..Category: Property Law | Date: | Hits: 110
Bashir Ahmed Vs. Bangladesh Jute Mills Corporation and others, 1992, 21 CLC (AD
....the appellant reasonable opportunity to defend himself. There is no scope whatever for court's interference with the authority's finding. The appeal is therefore dismissed. No cost. Ed. ......nager, Delwar Hossain. The enquiry was held in presence of the appellant and about a dozen officers and employees connected with jute purchase matters. The Committee examined all connected papers, documents and registers at different places including Kamarkhali Ferryghat and submitted its report..Category: Employment/Service Law | Date: | Hits: 67
Managing Director, Rupali Bank Limited and others Vs. Tafazal Hossain and others, 1992, 21 CLC (AD)
....er court or tribunal shall exercise jurisdiction on such matters. The civil Court's jurisdiction thus stands totally ousted. 6. Respondent, though a person in the service of the appellants' bank, did not, nor could he have, come to the Administrative Tribunal seeking redress against his t......matter the decree passed in the suit is void. The result, therefore, is that this appeal is allowed, the impugned decree is set aside and the suit is dismissed. No order as to cost. Ed. ..Category: Administrative Law | Date: | Hits: 130
Sonali Bank and others Vs. Gazi Abdur Rashid and others, 1992, 21 CLC (AD)
....not allowed but we allow interest on the decretal sum of Tk. 15,39,300.00 @ 7.1/2% per annum from the date of the institution of the suit upto the date of decree of this Court. Ed. ......ed from India on 6.9.77 at Chalna. By letter dated 10.9.77, Ext. E, the plaintiff requested defendant No. 2, the Deputy General Manager of Sonali Bank's Local office at Dhaka, to send the shipping documents to the Bank's Khulna Branch for clearance with the following detailed instructions: ..Category: Business or Commercial Law | Date: | Hits: 99
Habibur Rahman Vs. Sree Jogiswar Roy Chowdhury Chand and others, 1992, 21 CLC (AD)
....is outside of the net. For the above reasons we find no ment in the appeal. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 247. ......is outside of the net. For the above reasons we find no ment in the appeal. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 247. ..Category: Property Law | Date: | Hits: 82
Guiness Peat (Trading) Limited Vs. Md. Fazlur Rahman, 1992, 21 CLC (AD)
....thin the jurisdiction of the court where the plaint was filed. We find no good ground to interfere with the concurrent order of the courts below. The appeal is dismissed with costs. Ed. ......Hungarian origin as per specifications. After accepting the offer the plaintiff opened on 12th March, 1982 a Letter of Credit with Rupali Bank, Dilkusha Branch, Dhaka. The defendant by submitting documents against the Letter of Credit received the money from the corresponding Bank, Sonali Bank,..Category: Business or Commercial Law | Date: | Hits: 124
Narayan Chandra Rajak Das Vs. Md. Amjad Ali Miah and others, 1992, 21 CLC (AD)
....appellate Court's judgment was not a proper judgment of reversal. For all the above reasons, we do not find any merit in this appeal. Hence the appeal is dismissed with costs. Ed. ......others, namely Dulal Chandra Karmaker, Sankar Lal Karmaker and Kala Chand Karmaker are tenants under the plaintiffs in respect of the said land. The defendant-appellant has created some fraudulent documents of pattan in respect of the portion occupied by him and has obtained a compromise decree ..Category: Property Law | Date: | Hits: 67
Ishaque Khan (Md) and another Vs. Trading Corporation of Bangladesh, 1992, 21 CLC (AD)
....rospective effect, but it will be effective from the date it was passed, namely 4.5.1987. Subject to this observation, the appeal is dismissed without, however, any order as to cost. Ed. ......d that the "authority" was bound to accept the report of the Enquiry Officer; but he has argued that if the authority disagrees with the report of enquiry he must have fresh material and documents which should be placed before the accused employee if he is sought to be punished. ..Category: Employment/Service Law | Date: | Hits: 68
Category: Property Law | Date: | Hits: 68
Rafiqul Islam (Md) Vs. Mir Abdul Ali, 1991, 20 CLC (AD)
.... record, the result of the judgment under review need not be disturbed. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 44 DLR (AD) 176. ......ng to defendant’s bainapatra, was wrong. However, the Courts below discarded the plaintiff’s sale-deed on other ground. Section 47 of the Registration Act is attracted only when the two competing documents are otherwise at par and stand on the same footing. The plaintiff’s document will fail s..Category: Property Law | Date: | Hits: 73