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James Finaly Pic. Chittagong Vs. Government of Bangladesh and others, 2008, 37 CLC (AD)

....the submissions of the learned Advocate for the appellant. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 79. ......ed 31-7-1985 for Taka 1,01,239.15 (Annexure-D series) together with statement showing details of crane charges realized from the appellant through their revolving deposit account No.DA-75 with Janata Bank, Port Branch, Chittagong covering feeder voyage 60 to 62 and, as such, total amount due from th......the submissions of the learned Advocate for the appellant. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 79. ..

Category: Civil Law | Date: 17 Dec, 2008 | Hits: 7

MM Ali Ispahani Vs. MM Ispahani Ltd., 2008, 37 CLC (HCD)

....Mirza Mahmood Ispahani, resident of Flat No.4 Mansion, Ispahani Colony Maghbazar, P.S. Ramna, Dhaka and others….................... Petitioners. Vs. MM Ispahani Ltd., 14-15 Motijheel Commercial Area, P.S. Motijheel, Dhaka and others………………&he......ombay Life Assurance Co. Ltd. AIR 1953 (SC), 385; Ebrahimi Vs. Westbourne Galleries Ltd. [1973] AC 360, [1972] 2 All ER 492, M/s. Nibro Limited Vs. National Insurance Co. Ltd. AIR 1991 Delhi; United Bank of India Vs. Naresh Kumar and others, AIR 1997 (SC), 3; Freeman Vs. Buckhurst Park Properties, ......Ispahani, son of Late Mirza Mahmood Ispahani, resident of Flat No.4 Mansion, Ispahani Colony Maghbazar, P.S. Ramna, Dhaka and others….................... Petitioners. Vs. MM Ispahani Ltd., 14-15 Motijheel Commercial Area, P.S. Motijheel, Dhaka and others………&hell..

Category: Company Law | Date: 4 Dec, 2008 | Hits: 505

Mosammat Setara Begum Vs. Al-Arafah Islami Bank Ltd. and others, 2008, 37 CLC (HCD)

....w. Office is directed to communicate the order at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 480. ...... High Court Division (Special Original Jurisdiction) Present: Zinat Ara J Syed Md. Ziaul Karim J Mosammat Setara Begum..........Petitioner Vs. Al-Arafah Islami Bank Ltd. and others.............Respondents Judgment November 11, 2008. Result: ......h Court Division (Special Original Jurisdiction) Present: Zinat Ara J Syed Md. Ziaul Karim J Mosammat Setara Begum..........Petitioner Vs. Al-Arafah Islami Bank Ltd. and others.............Respondents Judgment November 11, 2008. Result: The..

Category: Civil Law | Date: 11 Nov, 2008 | Hits: 4

Akramuzzaman (Md.) alias Babu Vs. Artha Rin Adalat No. 1 Rajbari and others, 2008, 37 CLC (HCD)

....cate the order at once with a copy of judgment for information and necessary action to all respondents. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 638; 15 MLR (HCD) (2010) 1. ....... 45 of 2004, should not be declared to have been made without lawful authority and is of no legal effect. 2. Short facts leading to this Rule are that on 29-4-2004, the respondent No. 2, Sonali Bank, Rajbari Branch (briefly as bank) as plaintiff instituted Artha Rin Suit No. 45 of 2004 in the ......cate the order at once with a copy of judgment for information and necessary action to all respondents. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 638; 15 MLR (HCD) (2010) 1. ..

Category: Civil Law | Date: 5 Nov, 2008 | Hits: 168

United Edible Oils Ltd. Vs. London Steam Ship Owners' Mutual Insurance Association Ltd. and other(s), 2008, 37 CLC (HCD)

....endants in general, and the defendant Nos. 1 and 2 in particular, submit their Written Statements positively by 4-1-2009. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 244. ......s Judgment October 26, 2008. Result: The Applications are dismissed. Cases Referred to- "The Fanti" and " The Padre Island', [1990] 2 Lloyd's Law Report, 191; Imperial Bank Vs. London and St Katherine Docks Company, [1877] 5 Ch. D 195, 200; MM Ispahani Ltd. Vs. Sonal...... (Admiralty Jurisdiction) Present: Syed Refaat Ahmed J United Edible Oils Ltd…………………plaintiff Vs. London Steam Ship Owners' Mutual Insurance Association Ltd. and other(s) …………Defendants Judgment October 26, 2008. Result: The ..

Category: Admiralty Law or Maritime Law | Date: 26 Oct, 2008 | Hits: 17

AKM Kamruzzaman Khan Vs. Registrar, Joint Stock Companies and Firms Dhaka and 6 others, 2008, 37 CLC (HCD)

....to him under the provision of section 193 of the Companies Act, 1994. However, there shall be no order as to cost. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 226. ......193 of the Companies Act, 1994................................(13) Case Referred to- Md. Idris Vs. East Pakistan Timber Merchants Group, 20 DLR (SC) 335; Abdul Muhith Vs. Social Investment Bank Limited, 54 DLR 306; 19 DLR 735; 20 DLR (SC) 335; 28 DLR (SC) 102; 44 DLR 452; AIR 1936 Allaha......gistered in Bangladesh on 8-4-1985 with the Joint Stock Companies under the Company Act 1913. This company has purchased a denationalized and privatized industry namely, Kuliarchar Ground Nut Mills Ltd. at a price of Taka 1,24,00,000 under an agreement dated 18-6-2007 executed by and between the..

Category: Company Law | Date: 12 Aug, 2008 | Hits: 18

S.M. Mohiuddin Hossain Vs. Jalalabad Co-Operative Housing Society Limited and others, 2008, 37 CLC (HCD)

.... time of issuance of the rule is hereby vacated. The lower courts record be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 135. ......om the time of his predecessor Jafar Ahmed for public use. The defendants have no right title and interest and also possession in any man­ner in the suit land. The plaintiff took loan from Agrani Bank, Agrabad Hotel Branch by mortgaging the "Ka" Schedule land. The de­fendants have ...... time of issuance of the rule is hereby vacated. The lower courts record be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 135. ..

Category: Civil Law, Property Law | Date: 5 Aug, 2008 | Hits: 4

Reckitt Benckiser (Bangladesh) Ltd. Vs. Oram Limited, Sale Centre, 2008, 37 CLC (HCD)

....er (Bangladesh) Ltd. is exercised by Reckitt Benckiser P.L.C. U.K. So, it can be safely held (sic) that the Arbitration between Oram Ltd, and Reckitt Benckiser (Bang­ladesh) Ltd. is International Commercial Arbitration because arbitration relates to a dispute out of a legal relationship between ...... of the either of the parties. The office is directed to send a copy of this judgment to the court below immedi­ately. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 238. ......p. is similar to that of U.K. principle the U.K. entity ap­points majority of the board of directors as senior employees. The central man­agement and control of Reckitt Benckiser (Bangladesh) Ltd. is exercised by Reckitt Benckiser P.L.C. U.K. So, it can be safely held (sic) that the Arbitrat..

Category: Alternative Dispute Resolution | Date: 13 Jul, 2008 | Hits: 18

Abdul Hannan Vs. State, 2008, 37 CLC (HCD)

....h any other case. Send down the lower Court's records along with a copy of judgment expeditiously. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 713, 29 BLD (HCD) (2009) 189. ......h any other case. Send down the lower Court's records along with a copy of judgment expeditiously. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 713, 29 BLD (HCD) (2009) 189. ......h any other case. Send down the lower Court's records along with a copy of judgment expeditiously. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 713, 29 BLD (HCD) (2009) 189. ..

Category: Evidence Law | Date: 29 Jun, 2008 | Hits: 175

Ahmed Hossain (Md.) and others Vs. Nasima Khatun and another, 2008, 37 CLC (HCD)

..... Accordingly, the accused appellants are discharged from the charge. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 828. ......sima Khatun and another……………………….....Respondents Judgment June 18, 2008. Result: The appeal is allowed. Cases Referred to- Managing Director, Rupali Bank Vs. Tafazal Hossain, 44 DLR (AD) 260; Wolverhampton New Waterworks Co. Vs. Hawkesford, 6 CBN 6........ Accordingly, the accused appellants are discharged from the charge. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 828. ..

Category: Women and Children | Date: 18 Jun, 2008 | Hits: 28

City Bank Ltd. Vs. Artha Rin Adalat No.1 Dhaka and others, 2008, 37 CLC (HCD)

....sult, the Rule is discharged with­out any order as to cost. The order of stay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 911. ......also Reported in: 13 BLC (HCD) (2008) 911. ......or a statutory provision is challenged, where the alternative remedy is not efficacious or ade­quate…………………………(22) Cases Referred to- Zahirul Islam Vs. National Bank Ltd., 46 DLR (AD) 191; Gazi M Towfic Vs. Agrani Bank, 54 DLR (AD) 6; BADC Vs. Artha Rin Adalat, 59..

Category: Civil Law | Date: 17 Jun, 2008 | Hits: 7

A.B.M. Khaliquzzaman and others Vs. United Commercial Bank Ltd. and others, 2008, 37 CLC (HCD)

....Sabur, Son of late Al Haj Rahman Ali, House No.25A, Road No.96, Gulshan-2, Dhaka...........................................................Petitioner (In Matter No.05 of 2008) Vs. United Commercial Bank Ltd., 60 Motijheel Commercial Area, Dhaka repre­sented by Mirza Mohammad Rofiqur ......f late Al Haj Rahman Ali, House No.25A, Road No.96, Gulshan-2, Dhaka...........................................................Petitioner (In Matter No.05 of 2008) Vs. United Commercial Bank Ltd., 60 Motijheel Commercial Area, Dhaka repre­sented by Mirza Mohammad Rofiqur Rah­man, Se......te Al Haj Rahman Ali, House No.25A, Road No.96, Gulshan-2, Dhaka...........................................................Petitioner (In Matter No.05 of 2008) Vs. United Commercial Bank Ltd., 60 Motijheel Commercial Area, Dhaka repre­sented by Mirza Mohammad Rofiqur Rah­man, Secreta..

Category: Company Law | Date: 11 Jun, 2008 | Hits: 43

Mst. Phulbanu @ Phul Vs. State, 2008, 37 CLC (HCD)

....w Judicial Magistrate, Bogra, will proceed in accordance with law. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 350. ......le, by a special Court, the informant's case before the Magistrate cannot be stifled by quashing…………………………….(12) Cases Referred to- Managing Director, Rupali Bank Limited and others Vs. Tafazal Hossain and others, 44 DLR (AD) 260; Noor Jahan Begum an anothe......w Judicial Magistrate, Bogra, will proceed in accordance with law. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 350. ..

Category: Procedural Law | Date: 5 Jun, 2008 | Hits: 4

Abul Kalam Azad (Md.) Vs. State and another, 2008, 37 CLC (HCD)

.... Metro Sessions Case No. 152 of 2007 pending in the court of Metropolitan Assistant Sessions Judge, 5th Court, Dhaka is quashed. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 91. ......ved……………………………(12) The Negotiable Instruments Act, 1881 (Act No. XXVI of 1881); section 138 In section 138 of the Act the drawee on receipt of the information from the Bank is bound to issue the notice within a specified period. Cheque has a validity for six months an...... Metro Sessions Case No. 152 of 2007 pending in the court of Metropolitan Assistant Sessions Judge, 5th Court, Dhaka is quashed. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 91. ..

Category: Banking Law | Date: 22 May, 2008 | Hits: 227

Mrs. Shahida Khatun and another Vs. Zafrul Hasan and State, 2008, 37 CLC (HCD)

..... 19. Office is directed to send down the record of the case with a copy of Judgment for information and necessary action. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 463. ......s decided at a consideration of Tk. 13,95,000/- with a total sum of Tk.69,75,000/-. Accordingly on 29-05-2000, a tripartite agreement was signed between the accused No.1, Nitol, Motor Co. and Premier Bank, wherein the Bank stood as guarantor. According to the agreement the accused paid Tk. 26,50,000......s complainant filed C.R. Case No.549 of 2003 in the Court of Magistrate, First Class, Jessore under sections 406, 420 of the Penal Code against the petitioners alleging, inter alia, that Nitol Motors Ltd. a business concern dealing in vehicle of different, models and in between 21-03-2000 to 20-05-2..

Category: Procedural Law | Date: 18 May, 2008 | Hits: 41

Zakir Hossain and another Vs. Md. Yousuf Kabir and others, 2008, 37 CLC (HCD)

....anent injunction which was decreed on 28.03.84 on contest. Against the said decree the defendants filed Title Appeal No.196 of 1984 before the District Judge, Dhaka. The learned Subordinate Judge and Commercial Court No.2, Dhaka who heard the appeal al­lowed the same by judgment and decree dated......s con­firmed. There will be no order as to costs. Send down the lower court's record immediately. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 347.   ......s con­firmed. There will be no order as to costs. Send down the lower court's record immediately. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 347.   ..

Category: Property Law | Date: 13 May, 2008 | Hits: 5

Shrimp and Fish Processing Plant Ltd. Vs. National Bank Limited and others, 2008, 37 CLC (HCD)

....he order of stay granted earlier by this Court stands vacated. Communicate the order to the Adalat concerned at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 503. ......risdiction) Present: Zinat Ara J Sheikh Abdul Awal J Shrimp and Fish Processing Plant Ltd……………………………....................Petitioner Vs. National Bank Limited and others…………………………………....................Respondent J......0 read with section 151 of the CPC should not be declared to have been made without lawful authority and is of no legal effect. 2. The fact in brief is that the respondent No.2, National Bank Ltd. as plaintiff insti­tuted Money Suit No.14 of 2002 in the 1st Ar­tha Rin Adalat, Chittagong a..

Category: Procedural Law | Date: 4 May, 2008 | Hits: 9

Jewel Cotton Spinning and Weaving Mills Ltd. Vs. Bangladesh & others, 2008, 37 CLC (HCD)

....d with cost. The trial Court is directed to dispose of the suit preferably within three months from the date of receipt of the order. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 572. ......f 2004 rejecting the application of the petitioner filed under section 17(1) (2) of the Artha Rin Adalat Ain, 2003 and also exempting the plaintiff in filing the documents. 3. The respondent No.4, Bank filed Other Class Suit No.59 of 1989. Subsequently, renumbered as 40 of 2004 now pending before......: 13 BLC (HCD) (2008) 572. ..

Category: Civil Law | Date: 24 Apr, 2008 | Hits: 62

M. Shafuqul Alam and others Vs. Qazi Rafiq Ahmed and others, 2006, 35 CLC (HCD)

.... defendant-petitioner Nos. 1-4 as the responsible officer have been serving in the main branch of The City Bank Ltd. Dhaka and the defendant-petitioner No.5 is the bank itself situated at 10 Dilkusha Commercial Area, Dhaka-1000. She further submits that the plaintiff-opposite party is also an inhabi......ling written statements denying all the material allegations contending, inter alia, that the plaintiff-petitioner at the time of continuing in service as a head of the savings department of the City Bank Limited, Bandar Bazar Branch, Sylhet misappropriated the bank money and thereupon he has been d......itioners submits that the cause of action of the suit arises in Dhaka and admittedly the defendant-petitioner Nos. 1-4 as the responsible officer have been serving in the main branch of The City Bank Ltd. Dhaka and the defendant-petitioner No.5 is the bank itself situated at 10 Dilkusha Commercial A..

Category: Procedural Law | Date: 12 Apr, 2008 | Hits: 40

Abul Hasnat Nurul Kabir Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)

.... not find any substance in this Rule.  Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 275.   ......t of Tk. 6,00,000/-. The petitioner made request to the company that together with the previously bounced cheque dated 8.5.2005 showing an amount of Tk.3,54,260/- be also presented again to the Prime Bank Limited's Uttara Branch, Dhaka against the accused petitioner's current account No.1101...... not find any substance in this Rule.  Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 275.   ..

Category: Criminal Law, Procedural Law | Date: 12 Mar, 2008 | Hits: 5