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Nasim (Md.) and another Vs. State, 2005, 34 CLC (HCD)
....bit of section 418 of the Penal Code or section 5(2) of Act 11, 1947. Mr. Huq further submits that in the meeting of the Evaluation Committee dated 30‑3‑99 it was clearly stated that as the World Bank did not response to give financial assistance for payment of the fees of the, consultant, the M......the Rules are discharged. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 57 DLR (2005) 546. ..Category: Criminal Law | Date: 4 Jan, 2005 | Hits: 1
Fokrul Alam Chowdhury Vs. State & another, 2004, 33 CLC (HCD)
....s also liable to a criminal charge and necessary elements of such offence are found present………(9) Cases Referred to- State Vs. Md. Iqbal Hossain, 48 DLR (AD) 100; IFIC Bank Ltd Vs. Abdul Quayum and another, 1999 BLD (AD) 234=4 BLC (AD) 255; GM Towab, Air Vice-Marshal ...... connection with the Rule stands vacated. Send a copy of the judgment to the Senior Special Judge, Cox's Bazar, immediately. Ed. This Case is also Reported in: 57 DLR (2005) 727. ..Category: Banking Law, Criminal Law | Date: 12 Dec, 2004 | Hits: 1
Regent Ken International Ltd Vs. Amanat Shah Ship Breaking Industries Ltd, 2004, 33 CLC (HCD)
....urt within 10 days, failing which this order of restoration shall stand vacated. There will be no order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 234. ......as soon as the consignment had been dealt with, Moreover, he points out, the so-called agent filed Admiralty Suit No.16 of 2000 against the owner of the vessel (the instant petitioner) claiming their dues. He submits that in such circumstances the agency agreement with Viking Associates Ltd. would c..Category: Admiralty Law or Maritime Law | Date: 30 Nov, 2004 | Hits: 6
Hasina Begum Vs. Deputy Commissioner, Dhaka and others, 2004, 33 CLC (HCD)
....s. 21. P.W.2 Mrs. Helena Akhter, aged about 61 years, elder sister of the plaintiff, proved oral gift of the suit property to the plaintiff on 2‑1‑85. She retired as senior officer of Uttara Bank. She said that at the time of oral gift, she was present along with P.W.3 Moniruddin Ahmed, you......d auction sale is also declared without jurisdiction, illegal and void; and accordingly, quashed. Send down the records at once. Ed. This Case is also Reported in: 57 DLR (2005) 257. ..Category: Others | Date: 15 Aug, 2004 | Hits: 3
State Vs. Md. Arab Ali, Ex-Manager, Rupali Bank and others, 2005, 34 CLC (AD)
....Ruhul Amin J MM Ruhul Amin J Md. Tofazzul Islam J State ………………..Appellant Vs. Md. Arab Ali, Ex‑Manager, Rupali Bank and others..........Respondents Judgment August 10, 2004. ......rt Division was in error in quashing the proceeding of the Special Case No. 12 of 1985 of the Court of Divisional Special Judge, Dhaka. Accordingly, the appeal is allowed. Ed. ..Category: Criminal Law | Date: 10 Aug, 2004 | Hits: 84
....s Case is also Reported in: 57 DLR (2005) 643.
......t Appeal No.47 of 1992 is dismissed.
Section 34, the Evidence Act, (I of 1872) 1872
Section 2(8), the Bankers Books Evidence Act, 1891 (Act No. XVIII of 1891)
Suit for recovery of bank dues
The entries in the books of account regularly kept by the bank in the course of business a..
Category: Banking Law, Corporate Law | Date: 1 Aug, 2004 | Hits: 4
Dewan Abul Abbas Vs. Muna Haque and other, 2004, 33 CLC (HCD)
.... willingness to purchase the same. After her mother's return negotiation held with the defendant-appellant. Price was fixed at Taka 69,00,000. She deposed that on 17‑3‑1992 through the Islami Bank Taka 7,00,000 was paid by cheque. Subsequently on 4-4‑1992 through Uttara Bank Taka 10,00,000......for two months. In his last written statement he again narrated of the promise of paying Taka 13,00,000 to him after the execution of the bainapatra and the failure of the plaintiffs to perform their dues as per the oral agreement made between the parties. 4. The trial Court after the learned A..Category: Civil Law | Date: 28 Jul, 2004 | Hits: 6
....(P) Ltd. Vs. Shah Ramanial Ritesh Kumar & others, Company Cases (India) Vol. 76 pages 315; Messrs Syed Rasool and Sons Vs. Messrs Aildas and Co, 1992 CrLJ 4048; Dada Silk Mill Vs. Indian Overseas Bank, Company Cases Vol. 182 page 46.
Lawyers Involved:
Khan Saifur Rahman with Md. Shakir......ion the Rule is discharged.
Sent down the Lower Court Records along with a copy of this judgment to the concerned court at once.
Ed.
This Case is also Reported in: 57 DLR (2005) 603.
..
Category: Banking Law, Criminal Law | Date: 19 Jul, 2004 | Hits: 3
M. A. Mazid and another Vs. The Chairman, Chittagong Port Authority and others, 2006, 35 CLC (AD)
....was detected that the petitioner furnished forged bank guarantees and as such the petitioners, in effect, violated the order of the Court. Thus the rule is liable to be discharged. 4. The City Bank ltd. impleaded itself as a respondent in the rule and filed an application with an information ......ivision in connection with Admiralty Suit No. 28 of 1996. The sale was confirmed on 22-06-1997. The Chittagong Port Authority (CPA), respondent No. 1, sent letter on 13-07-1997 and 14-07-1997 showing dues against the said vessel claimed by the CPA, Karnaphuli Fertilizer Co. Ltd (KAFCO) and Chittagon..Category: Fiscal/Taxation Law | Date: 18 Jul, 2004 | Hits: 109
Nurul Haque and others Vs. Abdus Salam Chowdhury and ors. 2005, 34 CLC (AD)
.... policy of defendant No. 1 for Taka 15,000 and the declaration made by him at the end of 1959 before the Martial Law Authority regarding an amount of Taka 30,000-35,000 lying with Muslim Commercial Bank and Lloyd's Bank, Dhaka. All these matters the trial Court considered to arrive at the conclu......ment of the High Court Division is not at all a proper Judgment of reversal. Accordingly, the same is liable to be interfered with. The appeal is thus allowed with cost. Ed. ..Category: Civil Law | Date: 13 Jul, 2004 | Hits: 196
Oriental Bank Ltd. Vs. Rina Alam and another, 2004, 33 CLC (AD)
....so Reported in: 57 DLR (AD) (2005) 51. ......nsel for the petitioner to interfere with the impugned judgment of the High Court Division. This petition is accordingly dismissed. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 51. ..Category: Civil Law | Date: 5 Jul, 2004 | Hits: 171
.... Nos. 1 and 2 severally and/or jointly, for a declaration that the enforcement on March 11, 1999 of the Performance Guarantee No. GTEDAK 970012 dated 6‑4‑1997 issued by the Hong Kong and Shanghai Banking Corporation Limited, Dhaka Main Office, Sonargaon Road, Dhaka by the defendant No. 1 was ill...... work so done the said defendant terminated the contract on May 10, 1999, that the plaintiff lodged formal claim by sending a notice on 30th May, 1999 demanding payment of outstanding bills and other dues under section 2.0 Article 30 of the contract signed between the plaintiff and the defendant No...
Category: Civil Law | Date: 21 Jun, 2004 | Hits: 321
Abdul Gaffar Chowdhury Vs. Joint District Judge and Artha Rin Adalat & others, 2004, 33 CLC (HCD)
....aterial allegations the respondent bank has stated that despite repeated written and verbal reminders the petitioner did not come forward to adjust its liabilities in LTR facility to the respondent Bank. The respondent bank served a legal notice upon the petitioner through its lawyer on 13‑2‑2......lities in LTR facility to the respondent Bank. The respondent bank served a legal notice upon the petitioner through its lawyer on 13‑2‑2000 and requested the petitioner to adjust his outstanding dues with up to date interest. After receiving the notice although the petitioner promised to pay hi..Category: Banking Law | Date: 14 Jun, 2004 | Hits: 310
....mited and others…………………………………………Petitioners
Vs.
Additional District Judge and Bankruptcy Court, Chittagong and another……………Respondents
Jud...... filed on behalf of the respondent-bank on 24‑3‑2000 (Annexure-D) contending, inter alia, that in spite of issuance of notice under section 9(1) (Jha) of the Act asking them repay the outstanding dues within the period of 90 days but without any response and since the dues of Taka 7, 23, 89,000 ..
Category: Banking Law, Corporate Law | Date: 10 May, 2004 | Hits: 9
Bangladesh Bank and ors. Vs. Zafar Ahmed Chowdhury and another, 2004, 33 CLC (AD)
.... Case is also Reported in: ...... above of the High Court Division not being sustainable in law is hereby set aside. Accordingly, this petition is disposed of with the above observations. Ed. This Case is also Reported in: ..Category: Constitutional Law | Date: 24 Apr, 2004 | Hits: 175
Agrani Bank, rep. by the Chairman, BoD, & ors. Vs. Khandaker Badrudduza, 2004, 33 CLC (AD)
.... ...... 14. 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 costs. Ed. ..Category: Administrative Law | Date: 6 Apr, 2004 | Hits: 130
Ananda Builders Ltd. Vs. Bangladesh Inland Water Transport Authority and others, 2004, 33 CLC (AD)
....t Division has failed to appreciate the fact that the committee appointed by the Ministry of Shipping recommended the application of price escalation made by the petitioner and accordingly, the World Bank was Willing to disburse the money but the respondents Unlawfully declined to claim the money fr...... Court Division do not call for any interference. In the result the appeal is dismissed without any order as to costs. Ed This Case is also Reported in: 57 DLR (AD) (2005) 31. ..Category: Constitutional Law | Date: 6 Apr, 2004 | Hits: 215
....ed with industrial activity or incidentally connected therewith."
18. We are of the view that if the predominant activities of a Corporation is commercial in nature as in the case of Sonali Bank (35 DLR 151) its employees who are not in a managerial capacity, are workers but it was not so ......
In the result, the Rule is made absolute with the above observations and directions.
There is no order as to costs.
Ed.
This Case is also Reported in: 57 DLR (2005) 741.
..
Category: Corporate Law, Employment/Service Law | Date: 14 Mar, 2004 | Hits: 4
Ataur Rahman (Md.) another Vs. Edruc Limited, 2004, 33 CLC (HCD)
....an Chettiar, 1968 SC 1047 at 1049; Sahadeo Sukul and others Vs. Seikh Shawkat Hossain, 12 CWN 145 at 146; Re Welsh Brick Industries Ltd., 1946 2 All England Law Reports, page 197; Ram Lal Vs. Central Bank of India, AIR 1961 Punj. 340 at 344, 349; Varjivandas Vs. Maganlal, AIR 1937 Born. 382; (1895) ...... ex-employees of the respondent company M/s Edruc Limited. The crux of the allegations as leveled in both applications against the respondent company is that the arrear salaries, allowances and other dues of the petitioners could not be paid by it on termination of service/retirement of service. The..Category: Company Law | Date: 3 Mar, 2004 | Hits: 8
State Vs. Moslemuddin (Md), 2004, 33 CLC (AD)
.... no safe custody in his Tahsil Kachari the respondent Tahsildar, after keeping the money in the safe custody of Jamurki Tahsil Kachari, went home and subsequently he deposited the money in the Sonali Bank after his arrest. The trial Court, after hearing, convicted the respondent and passed sentence ......tence is illegal". In view of above position we fined no reason to interfere with the judgment and order passed by the High Court Division and accordingly the appeal is dismissed. Ed. ..Category: Anti-Corruption Laws | Date: 19 Jan, 2004 | Hits: 96
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