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....instituted the aforesaid Money Suit on the allegation that defendant No.1 being a businessman dealing in whole‑sale agency business maintained a current account being No. C/A 396 with the plaintiff bank. On 12.4.68 defendant No.1 produced a railway receipt commonly known as RR being No. 946167 dat......dul Amin Choudhury J
Mahfuzur Rahman J
Government of Bangladesh, represented by the Chairman, Bangladesh Railway Board.............................Appellant
Vs.
Commerce Bank Ltd. and Others...............Respondents
Judgment
January 13, 1994.
Result:
The appe......judgment and decree passed by the trial Court is hereby affirmed.
Send down the LR Records at once.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 254
..
Category: Contract Law | Date: 13 Jan, 1994 | Hits: 3
Captain I Z A S A Chowdhury Vs. "MV Stern" and others, 1993, 22 CLC (HCD)
....as not maintainable for want of cause of action against the defendants. However, the defendants sought for release of the vessel 'MV Stern' from arrest and custody of the marshal on accepting bank guarantee for Taka 4, 24,112.00. The Admiralty Court on hearing both the learned Counsels of pl......eme Court High Court Division (Admiralty Jurisdiction) Present: AM Mahmudur Rahman J Captain I Z A S A Chowdhury..................Plaintiff Vs. "MV Stern" and others............................Defendants Judgment September 9, 1993. Result: ......nce of this case, I direct the parties to take necessary step for djsposal of the suit as expeditiously as possible. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 172 ..Category: Admiralty Law or Maritime Law | Date: 9 Sep, 1993 | Hits: 3
....ee passed by the learned District Judge are hereby affirmed.
Send down the LC records immediately to the trial Court.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 90.
......d in: 46 DLR (HCD) (1994) 90.
......ee passed by the learned District Judge are hereby affirmed.
Send down the LC records immediately to the trial Court.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 90.
..
Category: Property Law | Date: 7 Sep, 1993 | Hits: 2
Bengal Water Ways Ltd. Vs. Inland Water Transport Authority & others, 1993, 22 CLC (HCD)
....o be given to the opposite party; Provided that, except in the case of sale of goods for default in payment, at the stipulated time, of a debt in respect of which the goods were pledged with any bank, the Court may, where it appears that the object of granting injunction would be defeated by th...... (Civil Revisional Jurisdiction) Present: Muhammad Ansar Ali J Bengal Water Ways Ltd………………………Petitioner Vs. Inland Water Transport Authority & others……………Respondents J......id application for temporary injunction. Let this order be communicated to the Court below at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 179 ..Category: Corporate Law | Date: 25 Jul, 1993 | Hits: 2
A Quyyum and another Vs. Uttara Bank Limited and Others, 1993, 22 CLC (HCD)
....200 and the case of R.H. Kapur, Partner of Messrs Wright and Co. Vs. Tranyanacore National and Quilon Bank Ltd. reported in A.I.R. 1945 (Madras) 467, that when a person opens a Current Account with a bank and pays money into it. the bank is a debtor to the customer; if the bank allows the customer t......DLR (HCD) (1994) 156 ......t aside and the suit is dismissed. In the facts and circumstances of the case, however, we make no Order as to cost. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 156 ..Category: Limitation Law | Date: 25 Jul, 1993 | Hits: 3
.... learned Subordinate Judge are hereby set aside and the suit is dismissed.
Send down the LC records immediately.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 39
......ed in: 46 DLR (HCD) (1994) 39
...... learned Subordinate Judge are hereby set aside and the suit is dismissed.
Send down the LC records immediately.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 39
..
Category: Contract Law | Date: 14 Jul, 1993 | Hits: 9
....d executed and registered through Court at his cost.
Send down the case record at once.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 268
...... (1994) 268
......d executed and registered through Court at his cost.
Send down the case record at once.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 268
..
Category: Contract Law, Property Law | Date: 16 Feb, 1993 | Hits: 2
A R Shams ud Doha Vs. Bangladesh and others, 1992, 21 CLC (HCD)
....entoried at about Taka 12.2.crore were hypothecated to Al‑Baraka Bank Bangladesh Ltd. as security for its investment. The securities thus, furnished by the petitioner for the investment of the said bank totaled at Taka. 20.2 crore which is far in excess, of the said Bank's investment and the p......nwarul Hoque Choudhury J KM Hasan J A R Shams‑ud‑Doha………………………………Petitioner Vs. Bangladesh and others……………………………&h......order. In the facts and circumstance of the case there is no order as to cost. Communicate this order at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 405. ..Category: Administrative Law, Constitutional Law | Date: 4 Aug, 1992 | Hits: 3
Salim Hasan Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)
....on order is mala fide one for a collateral purpose and in elaborating this point the learned Advocate submits that when there is a specific criminal case pending against the detention for the alleged banking activities without being permitted to do so by the State Bank which is made punishable under......n (Special Original Jurisdiction) Present: Anwarul Haque Chowdhury J KM Hasan J Salim Hasan…………....................Petitioner Vs. Government of Bangladesh and others……………Respondents Judgment July 16, 1992. Cases Referred to- ......ka Central Jail be set at liberty at once if not wanted in connection with any other case. Communicate this order at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 318. ..Category: Banking Law | Date: 16 Jul, 1992 | Hits: 187
Ataur Rahman Vs. Bangladesh & others, 1992, 21 CLC (HCD)
....y and of law (1892) 2 QB 147. We find no substance in this application which is summarily rejected. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 307 ...... When a waiver arises— A waiver would arise when one party by his conduct leads another to believe that the strict rights arising under the contract will not be insisted upon by the other and if the second party acted on it, the first party would not be allowed to insist on that right wh......y and of law (1892) 2 QB 147. We find no substance in this application which is summarily rejected. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 307 ..Category: Administrative Law | Date: 25 May, 1992 | Hits: 2
Bengal Metro Engineering Co. and others Vs. Agrani Bank, 1992, 21 CLC (HCD)
....98.7 and in default for selling out the mortgaged property being House No. 38 at Road No. 7 of the Dhanmondi Residential Area within the Dhaka City. Plaintiffs case is, inter alia, that the plaintiff bank granted the defendant petitioners a loan of money against importing fifty turbine pumps amounti...... ......it is almost ready for hearing, if that be so, let the suit be disposed of as expeditiously as possible. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 168 ..Category: Contract Law | Date: 5 May, 1992 | Hits: 2
.... all other payments are to be included in the said terms is correct.
(III) Whether in the facts and circumstances of the case the Taxes Appellate Tribunal is justified in holding that the entire bank interest payable by the assessee is allowable expenditure within the meaning of section 10(2) (......
Present:
AM Mahmudur Rahman J
Syed J R Mudassir Hussain J
Commissioner of Taxes, Dhaka (South) Zone, Dhaka...........................Petitioner
Vs.
Titas Gas Transmission and Distribution Co. Ltd. Dhaka.......................Respondent
Judgment
April 23, 1992.
......h facts and can see how the question has been dealt with by the Tribunal raised before it either by the assessee or the Revenue.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 332
..
Category: Fiscal/Taxation Law | Date: 23 Apr, 1992 | Hits: 8
....l effect and further declare that the impugned notice Annexure G is also without any lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 59.
......a Chowdhury J
Aftabuddin Ahmed.......................................Petitioner
Vs.
Government of Bangladesh, represented by the Secretary, Ministry of Commerce, Special, Property Cell and others................................Respondents
Judgment
April 22, 1992
Result:......l effect and further declare that the impugned notice Annexure G is also without any lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 59.
..
Category: Property Law | Date: 22 Apr, 1992 | Hits: 4
....foreign suppliers as the local manufacturers are to pay in addition to the import duty and sale tax, other charges such as transportation, clearing, forwarding, insurance and port charge, import fee, bank interest, etc. Thus local manufacturers are at 30% disadvantageous position than the foreign bi......ellip;……………………Petitioner
[In Writ Petition No. 2342 of 1991]
Vs.
Bangladesh represented by the Secretary, Ministry of Industries and
others…………………….Respondents [In all ...... the three petitions fail and the Rule discharged without any order as to costs. Order of status quo stands vacated.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 221
..
Category: Constitutional Law | Date: 4 Mar, 1992 | Hits: 3
....ch and by virtue of his continuous service he has become permanent worker with the entitlement to all the facilities available to a permanent worker of the Bank and, in fact, he has been given by the bank leave facilities, incentive bonus, festival bonus, and house rent and conveyance allowance whic......
Chairman, First Labour Court & others…………………………Respondents
Judgment
January 12, 1992.
Result:
The Rule stands discharged.
Lawyers Involved:
Md. Jainul Abedin, Advocate‑For the Petitioners
......als and as such the decision does not call for any interference by this court.
In the result, the Rule stands discharged.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 143.
..
Category: Employment/Service Law | Date: 12 Jan, 1992 | Hits: 6
....e said affidavit‑in‑opposition respondent No.1, Bangladesh Bank has stated that it does not look after the correspondences between the Bank and its clients; but the Bangladesh Bank as the Central bank had asked the schedule Banks like the Agrani Bank to submit a list of its defaulters in respect...... Case is also Reported in: 45 DLR (HCD) (1993) 8.......ed outstanding dues till 30.6.91 as per agreement dated 21.7.91.
Let a copy of this judgment be sent to Respondent Nos. 1, 3, 5 and 6.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 8...
Category: Banking Law | Date: 27 Aug, 1991 | Hits: 180
Coal Controller Vs. Ventura Industries Ltd, 1991, 20 CLC (HCD)
....restrained by an order of injunction restraining the Bank from non‑honouring the promises when the Bank before this court even did not deny the obligation to pay on demand as contracted upon and in banking matters of this nature the court always refrains from prohibiting any bank from honouring a ......Hoque J Coal Controller..........................Appellant Vs. Ventura Industries Ltd…………………Respondent Judgment February 3, 4 and 5, 1991. Result: The Rule is also discharged. An arbitrator exercises a quasi jud...... Court, Dhaka where the application under section 8 is pending. The connected Civil Rule being No. 269 (fm) of 1990 is discharged. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 5 ..Category: Arbitration Law | Date: 5 Feb, 1991 | Hits: 5
Mirza Ali Ashraf Vs. State, 1991, 20 CLC (HCD)
....tension by Annexure 'C' dated 24.2.97 and 23.5.97 respectively to the petition are declared to have been made without any lawful authority. Ed. This Case is also Reported in: 43 DLR (1991) 144. ......dul Jalil J Qazi Shafluddin J Mirza Ali Ashraf..................................Petitioner Vs. The State, represented by the Secretary, Ministry of Home Affairs, Government of Bangladesh and others ..........................Respondents. Judgment February 3, 1991. Cases Referred......tension by Annexure 'C' dated 24.2.97 and 23.5.97 respectively to the petition are declared to have been made without any lawful authority. Ed. This Case is also Reported in: 43 DLR (1991) 144. ..Category: Banking Law | Date: 3 Feb, 1991 | Hits: 184
Bangladesh Inland Water Transport Corpn & ors Vs. Nazma Flour Mills Ltd. & others, 1991, 20 CLC (AD)
....se under section 73 of the Evidence Act. We find no substance in this appeal and it is, accordingly, dismissed. No costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 122. ...... is also Reported in: 43 DLR (AD) (1991) 122. ......se under section 73 of the Evidence Act. We find no substance in this appeal and it is, accordingly, dismissed. No costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 122. ..Category: Procedural Law | Date: 30 Jan, 1991 | Hits: 108
Md. Ismail Siddique Vs. M/s. Crescent Apparels (Private) Ltd. and others, 1990, 19 CLC (HCD)
....and prayed for winding up the company. An affidavit‑in‑opposition has been filed on behalf of the respondent No. 15 on 12.6.90. In this affidavit the respondent No. 15 has prayed for securing the bank's debts before this Court and it remained silent to give reply to the allegations stating t......vil Jurisdiction) Present: Md. Mozammel Hoque J Md. Ismail Siddique.......................................................Petitioner Vs. M/s. Crescent Apparels (Private) Ltd. and others...............Respondents Judgment December 19, 1990. Result: The pra...... The application is thus allowed. Mr. Nayeem prays for stay of operation of this judgment for four weeks. The prayer is allowed. Ed. This Case is also Reported in: 43 DLR (1991) 99. ..Category: Company Law | Date: 19 Dec, 1990 | Hits: 195
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