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Bangladesh Bank and ors. Vs. Zafar Ahmed Chowdhury and another, 2004, 33 CLC (AD)

.... 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: ...... 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)

....f admitted his guilt, that in one year the respondent remained absent unauthorisedly for  113 days and this indicates the attitude of the respondent and, as such, for proper management of the banking affairs respondent had been rightly and correctly dismissed by the appellant No. 1.  ......ellate Division (Civil) Present: Md. Ruhul Amin J M M Ruhul Amin J Md. Tafazzul Islam J  Agrani Bank, represented by the Chairman, Board of Directors, and others .....Appellants Vs. Khandaker Badrudduza ......................Respondent&...... 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)

.... 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. ......is also Reported in: 57 DLR (AD) (2005) 31. ...... 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

Chittagong City Corporation, represented by its Mayor and 3 others Vs. Md. Afzal Hossain and others, 2004, 33 CLC (HCD)

....erson who for the purpose of fulfilling a contract with the owner of any commercial establishment or industrial establishment employs workers, a unit of a joint-stock company, an insurance company, a banking company or a bank, a broker's office or stock exchange, a club, a hotel or a restaurant ......t High Court Division (Special Original Jurisdiction) Present: ABM Khairul Haque J Md. Miftahuddin Choudhury J Chittagong City Corpora­tion, represented by its Mayor and 3 others............Petitioners Vs. Md. Afzal Hossain and others ........................... 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)

....tainable and are therefore, liable to be dismissed. In the result, the applications are dismissed without any order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 337. ...... Edruc Limited ..........................................Respondent Judgment March 3, 2004. Result: The applications are dismissed. Cases Referred to- Amin Scales Ltd. and another Vs. Md. Yakub, 1987 BLD (AD) 259 = 39 DLR (AD) 201; Haridas Vs. Baroda Kishore, 27 Cal 3......tainable and are therefore, liable to be dismissed. In the result, the applications are dismissed without any order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 337. ..

Category: Company Law | Date: 3 Mar, 2004 | Hits: 8

State Vs. Moslemuddin (Md), 2004, 33 CLC (AD)

....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. ......itional Attorney ­General, instructed by AM., Md Wahidullah Advocate‑on Record‑For the Appellant. Not represented‑The Respondent. Criminal Appeal Nos. 27 of 1997. (From the Judgment and order dated 28 June 1995 passed by the High Court Division in Criminal Appeal No. 2013 of 1992).......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

Director General, BWDB and others Vs. BJ Geo Textile Ltd and another, 2003, 32 CLC (AD)

.... Division in Writ Petition No. 1900 of 2003 making the Rule absolute are hereby set aside and the Rule is accordingly, discharged without any order as to costs. Ed. This Case is also Reported in:......n:...... Division in Writ Petition No. 1900 of 2003 making the Rule absolute are hereby set aside and the Rule is accordingly, discharged without any order as to costs. Ed. This Case is also Reported in:..

Category: Others | Date: 10 Dec, 2003 | Hits: 261

Kadamtala Purba Basaboo Uchcha Bidalaya & ors. V. Hasna H. Sarker @ Hasna Heba Sarker & others, 2003, 32 CLC (AD)

....r interference with the impugned judgment of the High Court Division and consequently, this appeal is dismissed with costs of a Senior counsel in all stages. Ed. This Case is also Reported in: ...... Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Syed JR Mudassir Husain J Kadamtala Purba Basaboo Uchcha Bidalaya and others the same..............Appellants Vs. Hasna Hena Sarker @ Hasna Heba Sarker & or......r interference with the impugned judgment of the High Court Division and consequently, this appeal is dismissed with costs of a Senior counsel in all stages. Ed. This Case is also Reported in: ..

Category: Civil Law | Date: 8 Dec, 2003 | Hits: 209

Smart Apparels (Pvt.) Ltd. Vs. Hanvit Bank Kuni Bong Branch and ors., 2005, 34 CLC (AD)

....he Sonali Bank is under a legal obligation to pay of the respondents.    6. It is now the settled principle of law that no Court can pass any restraining order on any issuing bank from making payment under letter of credits (33 DLR (AD) 298 and 54 DLR (AD) 70).  ...... Fazlul 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. ......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

General Manager, Bangladesh Bank Vs. Saiyed Shahidul Haque and others, 2003, 32 CLC (HCD)

....se we direct that parties shall bear their respective costs of litigation. Lower Court's Record be sent down as early as possible. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 161. ......vil) Present: AK Badrul Huq J Md. Abu Tariq J General Manager, Bangladesh Bank, Dhaka Office, Motijheel Commercial Area, Dhaka………………..Appellant Vs. Saiyed Shahidul Haque and others…………………Respondents Judgment August 23, 2003. Result: The appeal......se we direct that parties shall bear their respective costs of litigation. Lower Court's Record be sent down as early as possible. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 161. ..

Category: Property Law | Date: 23 Aug, 2003 | Hits: 35

DU rep. by its VC Vs. Associated Engineering & Drillers, 2004, 33 CLC (AD)

....y cheque. That the trial Court made the award a Rule of the Court on 8‑3‑1998 which was contested by the appellant‑Dhaka University by depositing the awarded amount in the form of bank guarantee and the matter got its finality on 30‑6‑1999 when the leave petition was......; .......Appellant                        Vs. Associated Engineering and Drillers ...............Respondent Judgment August 20, 2003. The Code of......sts. The respondents are entitled to realise an amount of Taka 30,35,312 for which the execution case can proceed if the appellant fails to deposit the amount within 15 days from the date. Ed. ..

Category: Civil Law | Date: 20 Aug, 2003 | Hits: 291

Debendra Kumar Saha & another Vs. Uttara Bank Ltd, 2003, 32 CLC (HCD)

.... Limited. After liberation of Bangladesh, the defendant did not pay rents regularly and paid rent up to 1384 BS. Thereafter, they stopped payment of rent and become habitual defaulters. The plaintiff bank requires the suit premises bonafide for opening a new branch at the said premises and the build......ed of agreement, the Court cannot but finds the defendants are tenants at will terminable by notice of 15 days. The principle of terminating tenancy rests primarily on two conditions-one is defaulter and another is bonafide requirement. Existence of any one of these two conditions is suffice to ejec......no substance in both these Rules. In the result, both the Rules are discharged. No cost, Send down the lower Court records. Ed. This Case is also Reported in: 57 DLR (2005) 253. ..

Category: Tenancy Law | Date: 12 Aug, 2003 | Hits: 3

Amir Ali (Md.) Vs. Joint District Judge and Artha Rin Adalat Fourth Court, Dhaka and another, 2003, 32 CLC (HCD)

....y to issue necessary order for auction sale and/or civil warrant of arrest etc after compliance of the provisions of law. Ed. This Case is also Reported in: 57 DLR (2005) 245.   ...... Present: Md. Tofazzul Islam J AFM Abdur Rahman J Amir Ali (Md.).........……………………Petitioner Vs. Joint District Judge and Artha Rin Adalat Fourth Court, Dhaka and another………………......y to issue necessary order for auction sale and/or civil warrant of arrest etc after compliance of the provisions of law. Ed. This Case is also Reported in: 57 DLR (2005) 245.   ..

Category: Civil Law | Date: 11 Aug, 2003 | Hits: 21

Bangladesh Vs. Md. Matiur Rahman and another, 2006, 35 CLC (AD)

....on on acceptance of the customs duty and other levies to be assessed by the Customs Authority is stayed till disposal of the writ petition.  There is no order as to costs.   Ed. ......rt Appellate Division (Civil)  Present: Md. Ruhul Amin J Abu Sayyed Ahammed J Md. Hamidul Haque J  Government of Bangladesh, represented by the Secretary, internal Resources Division and others………Appellants Vs. Md. Matiur Rahman and another……&hel......on on acceptance of the customs duty and other levies to be assessed by the Customs Authority is stayed till disposal of the writ petition.  There is no order as to costs.   Ed. ..

Category: Business or Commercial Law | Date: 26 Jul, 2003 | Hits: 128

Bangladesh Vs. Rehana Kamal and ors., 2004, 33 CLC (AD)

....d any merit in the submissions of the learned Counsel for the appellant. The appeal is, accordingly, dismissed without any order as to costs. Ed. This Case is also Reported in: ...... Court Appellate Division (Civil) Present: KM Hasan CJ Md. Fazlul Karim J Md. Hamidul Haque J Bangladesh .....................Appellant Vs. Rehana Kamal and others................ Respondents Judgment July 8, 2003. Result: The appea......d any merit in the submissions of the learned Counsel for the appellant. The appeal is, accordingly, dismissed without any order as to costs. Ed. This Case is also Reported in: ..

Category: Immigration and Citizenship Law | Date: 8 Jul, 2003 | Hits: 279

United Commercial Bank Ltd. Vs. Jahangir Alam Khan & ors., 2004, 33 CLC (AD)

....ile the general public are in Group 'C' holding the rest 45% shares in UCBL. The petitioner is a shareholder and director of UCBL. According to Article 60 of the Articles of Association of the said banking company, an Annual General Meeting of the company is to be held every calendar year and th......rim J Syed JR Mudassir Husain J AS Ahammed J     United Commercial Bank Ltd ………….Petitioner Vs. Jahangir Alam Khan and others ………….Respondents   Judgment April 22......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

Amir Hossain Vs. MA Malek & others, 2004, 33 CLC (AD)

.... in nature and there is little scope for taking defence, In this particular case, the convict respondents have admitted about the loan issuance of cheques by him and dishonour of those cheques by the bank. lie has further admitted that a notice under section 138(i)(b) has been given by the complaina......D) 146. ...... is no bar for the complaint case to proceed side by side with winding up proceeding. In view of the above, the appeal is allowed. Ed. This Case is also Reported in: 56 DLR (AD) 146. ..

Category: Criminal Law | Date: 15 Apr, 2003 | Hits: 88

Giasuddin Ahmed Vs. Green Delta Insurance Co. Ltd. & anr., 2004, 33 CLC (AD)

....re Taka 3.05 crore and Taka 2.69 crore respectively.  5. The respondent No. 2 had pledged the said 22,000 shares to IFIC Bank Ltd. Motijheel Branch, Dhaka, as part of the security for a bank guarantee provided by IFIC Bank Ltd for Taka 25 lac favouring Biman Bangladesh Airlines. Respo...... Present: Md. Ruhul Amin J KM Hasan J Giasuddin Ahmed....Appellant          Vs. Green Delta Insurance Company Ltd. and another .....................Respondents   Judgment May 28, 2003. T......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)

....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. ......pellate Division (Civil) Present: Mainur Reza Chowdhury CJ Md. Fazlul Karim J Syed JR Mudassir Husain J AS Ahammed J  Nahar Shipping Lines Ltd. and another .............Petitioners         &nbs......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

Aloke Nath Dey Vs. Govt. of BD. rep. by the DC, 2004, 33 CLC (AD)

....he Succession Act, 1925 (XXXIX of 1925), Section 372  The Transfer of Property Act, 1882 (IV of 1882), Sections 3 & 130  Debt: Ornaments lying in custody of the bank are a debt due to the owner of the same for the purpose of granting succession certificate by ......vs. Alagamal Achi, AIR 1961 Mad 438 at p 442; Commissioner of Wealth‑tax, Gujarat, Ahmedabad vs. Raipur Manufacturing Co. Ltd. (1963) 4 Guj LR 741 at page 751‑52; Mt Shyarn SUndari Devi and others vs. Sarti Devi and others AIR 1962 Patna 220; State Bank of India vs. Netai Ch Porel AIR......the challenges, we do not find any illegality or infirmity in the impugned judgment for our interference.  The appeal is dismissed without any order as to costs.  Ed. ..

Category: Property Law | Date: 11 Mar, 2003 | Hits: 436