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Managing Director Dhaka WASA Vs. Superior Builders and Engineers Ltd., 1999, 28 CLC (AD)

....t the High Court Division acted in excess of jurisdiction. The cost has been rightly given. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 56. ......r tank and 150 KVA generator for Dhaka WASA. The acceptance of the respondent bid was communicated by Memo. dated 24-11-97. The respondent deposited Taka 6,78,000.00 as security money upon furnishing Bank guarantee. The respondent also executed the contract. But all on a sudden respondent No.9 by Me......t the High Court Division acted in excess of jurisdiction. The cost has been rightly given. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 56. ..

Category: Contract Law | Date: 5 Jan, 1999 | Hits: 249

Imtiazur Rahman Farooqui (Md.) (MI Farooqui) Vs. Bureau of Anti-Corruption and Others, 1998, 27 CLC (HCD)

....pondent No.3 showed the petitioner an anonymous letter alleging, inter alia, that the petitioner had smuggled moneys out of the country. The said letter mentioned the sale of holding No.77. Motijheel Commercial Area Dhaka (where the petitioner’s chamber is situated) and Holding No. CES(F)-10, ......a Chowdhury J. - By this Rule Nisi the respondents were called upon to show cause as to why the impugned order dated 12-9-94 (Annexure-B) and the purported proceedings contained in File No.3/Dar/92 (Bank) should not be declared to have been made without any lawful authority and to be of no legal ef......out lawful authority and to be of no legal effect. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 421. ..

Category: Anti-Corruption Laws | Date: 15 Nov, 1998 | Hits: 181

Bangladesh Moktijoddah Kalyan Trust rep. by MD Vs. Kamal Trading Agency & others. 1997, 26 CLC (AD)

....0.00. The price being agreed upon at the request of the appellant, respondent No. 2 sent a letter ( Ext. 8) on 3-6-86 along with a bank draft bearing No. H 080118 for Taka 1,33,500.00 drawn on United Commercial Bank Ltd., Elephant Road, Dhaka. The agreed price being just, proper and adequate the app......h on fact and law, leave was granted to consider the said contention. Plaintiff’s case, briefly, is that, the schedule property comprising land and building being holding Nos. 9 and 10 Old Bank Road, and 13 of B Das Road, Narayanganj comprising 61.75 Kathas of land originally belonged to ......deza Vs. Hajera Khatun, 37 DLR (AD) 212; Tamizul Haque Vs. Shamsul Haque 45 DLR (AD) 34; Bishu Pada Halder Vs. Chandi Prashed & Co, AIR 1919 Allahabad 7; Hindusthan Co-operative Insurance Society Ltd. Vs. Shayarn Sunder and others, AIR 1952 Calcutta 619. Lawyers Involved: Amirul Isla..

Category: Contract Law | Date: 6 Nov, 1997 | Hits: 292

Zahed Hossain Mia Vs. Deputy Commissioner, 1997, 26 CLC (AD)

....a consideration by the acquiring authority we are not inclined to interfere with the impugned judgment. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 15. ......r section 3 of the Ordinance was served in the locality of the land in question. According to the petitioner, he had set up a dairy and poultry farm on his land after taking loan from Arab Bangladesh Bank and further the said land is situated in the commercial area of Chittagong and not suitable for......a consideration by the acquiring authority we are not inclined to interfere with the impugned judgment. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 15. ..

Category: Property Law | Date: 25 May, 1997 | Hits: 92

Bangladesh Air Service (Pvt) Ltd. Vs. British Airways PLC., 1997, 26 CLC (AD)

....w Dictionary, 2nd Edn., quotes Mahesh Chandra vs. Tara Chand Modi, AIR 1958 All 374, to say, “The words “in accordance” mean in conformity or ‘as provided for”. So does Mitra in Legal and Commercial Dictionary, 4th Edn. In Words and Phrases, West Publishing Co., Permanent Edn. Vol. 20A......ted from the on this question of public policy but those are unnecessary for the primary point in issue in the appeal. Ed. This case is also reported in: 49 DLR (AD) (1997) 187. ......……………............Respondent Judgment May 8, 1997. Result: The appeal is not allowed.  Cases Referred to- MA Chowdhury Vs. Mitsui OSK Lines Ltd. 22 DLR (SC) 334; Rabindra N. Maitra Vs. Life Insurance Corporation of India, AIR 1964 (Cal) 1..

Category: Contract Law | Date: 8 May, 1997 | Hits: 267

Suraiya Rahman Vs. Skill Development for Underprivileged Women represented by its Project Director and others, 1996, 25 CLC (HCD)

....the petitioner and registration of copyright in favour of the respondent No.1 in respect of the remaining 19 designs is upheld. Ed. This case is also Reported in: 49 DLR (HD) (1997) 222. ......r of Pensions and National Insurance, (1968) 2 QBD 497 (at p 515); Market Investigation Ltd. Vs. Minister of Social Security, (1969) 2 QBD 173; Montreal Vs. Montreal Locomotive Works Ltd., 1 DLR 161; Bank Voor Handel on Scheepvaart NV Slatford (1953)=QBD 248; United States of America Vs. Silk, (1946......llip;…………...Respondents Judgment December 9, 1996. Result: The Rule is made absolute in part. Cases Referred to- Short Vs. J and W. Henderson Ltd., (1946) 39 BW CC 62; Park Vs. Wilson and Clyde Coal Co Ltd., (1928) Sess. Cas 121(at p133); Rea..

Category: Intellectual Property Law | Date: 9 Dec, 1996 | Hits: 218

Eastern Chemical Industries Limited Vs. Government of Bangladesh and others, 1995, 24 CLC (HCD)

....tice. The petition does not merit issuance of a Rule. In the result, this application is rejected summarily without any order as to costs. Ed. This Case is also Reported in: 48 DLR (1996) 84. ......9. 8% and Sp Gr was 0.7805. It was again inspected on 9.8.90 by Atlantic Surveyors in presence of both Customs Officers, Rangunia Circle, Chittagong and the godown keeper of the said branch of Agrani Bank and the petitioner and the quantity was found 978.16 MT Methanol and not 983.011 MT and Sp Gr 0......tice. The petition does not merit issuance of a Rule. In the result, this application is rejected summarily without any order as to costs. Ed. This Case is also Reported in: 48 DLR (1996) 84. ..

Category: Fiscal/Taxation Law | Date: 29 Aug, 1995 | Hits: 131

Khorshed Alam Vs. Azizur Rahman & another, 1995, 24 CLC (HCD)

....are discharged and orders of stay stand vacated. Communicate the orders to the Court below to proceed with the cases in accordance with law. Ed. This Case is also Reported in: 48 DLR (1996) 36. ......accounts. 5. In complainant case No.768a1/1984 which gave rise to Special case No.61 of 1986 complainant opposite party alleged that the accused persons opened letters of credit through the Agrani Bank between November, 1982 to May 1983 for importing raw materials worth Taka 51,00,000.000 and aft......are discharged and orders of stay stand vacated. Communicate the orders to the Court below to proceed with the cases in accordance with law. Ed. This Case is also Reported in: 48 DLR (1996) 36. ..

Category: Criminal Law | Date: 13 Aug, 1995 | Hits: 99

Maulana MA Mannan and 2 Others Vs. State, 1994, 23 CLC (HCD)

....shan PS Case No.23 (9) 88 against the petitioners are hereby quashed. Send a copy of the order to the Court below at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 218. ...... Information Report further alleged that the three petitioners and co‑accused Abidur Rahman in collusion with one another prepared fake master roll showing the distribution of wheat and that Janata Bank, Faridganj Branch, issued a Demand Draft bearing No.782470/03 dated 2.2.88 for taka two lac in ......shan PS Case No.23 (9) 88 against the petitioners are hereby quashed. Send a copy of the order to the Court below at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 218. ..

Category: Anti-Corruption Laws | Date: 22 Nov, 1994 | Hits: 187

MA Malik Vs. State, 1994, 23 CLC (HCD)

....al, the operation of this order remains stayed for a week and the prosecution must see that in the mean time the petitioner is not arrested. Ed. This Case is also Referred to: 48 DLR (1996) 18. ......al, the operation of this order remains stayed for a week and the prosecution must see that in the mean time the petitioner is not arrested. Ed. This Case is also Referred to: 48 DLR (1996) 18. ......al, the operation of this order remains stayed for a week and the prosecution must see that in the mean time the petitioner is not arrested. Ed. This Case is also Referred to: 48 DLR (1996) 18. ..

Category: Women and Children | Date: 28 Aug, 1994 | Hits: 97

Sonali Bank Vs. Ali Tannery Ltd. and others, 1994, 23 CLC (HCD)

....aintiff is allowed and the counter claim is rejected. In view of the facts and circumstances of the case there will be no order as to cost. Ed. This Case is also Reported in: 48 DLR (1996) 57. ...... This Case is also Reported in: 48 DLR (1996) 57. ......t Division (Civil Revisional Jurisdiction) Present: Mohammad Gholam Rabbani J Syed Amirul Islam J Sonali Bank...........................................Petitioner Vs. Ali Tannery Ltd. and others……...........Opposite Parties Judgment July 25, 1994. Cases Referred to-..

Category: Banking Law | Date: 25 Jul, 1994 | Hits: 191

Shaban Ali Mia and Shukur Ali Khandaker Vs. State and Md. Harmuz Ali Mollah, 1994, 23 CLC (HCD)

....rder. The rule is accordingly discharged. The stay order granted by this Court is hereby vacated. Send down the LC records at once. Ed. This Case is also Reported in: 48 DLR (1996) 55. ......FIR with Kasiani Police Station, District, Gopalganj to the effect that the petitioner Nos.1 and 2 in connivance with each other misappropriated Taka 12,674.00 by withdrawing the said amount from the Bank by forging the signatures of four teachers of Parulia High School. The said amount was shown as......rder. The rule is accordingly discharged. The stay order granted by this Court is hereby vacated. Send down the LC records at once. Ed. This Case is also Reported in: 48 DLR (1996) 55. ..

Category: Criminal Law | Date: 9 Jun, 1994 | Hits: 80

Shankar Chandra Das and others Vs. Kalachand Das, 1994, 23 CLC (HCD)

....ent. 2. This Rule at the instance of the plaintiff-­appellant petitioners was directed against the judgment and decree dated 16.4.94 and 22.4.92 respectively passed by the Subordinate Judge, Commercial Court, Barisal in Title Appeal No. 115 of 1990 affirming the judgment and decree dated 26......ceby this court. In view of the above, both the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 419     ......ceby this court. In view of the above, both the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 419     ..

Category: Property Law | Date: 17 May, 1994 | Hits: 3

Sultan Alam @ SA Badal Vs. Rupali Bank, 1994, 23 CLC (HCD)

....gment Syed Amirul Islam J.— This matter arises Out of the following facts: The opposite party Rupali Bank instituted Title Suit No.12 of 1988 in the Court of the Subordinate Judge and Commercial Court No. 3, Khulna, for realisation of loan advanced to the defendant­ petitioner an......t Division (Civil Revisional Jurisdiction) Present: Mohammad Gholam Rabbani J Syed Amirul Islam J Sultan Alam @ SA Badal.......................Petitioner Vs. Rupali Bank..................................Opposite Party Judgment April 24, 1994. Result:......issioner of Income Tax Vs. Vadilal Lallu Bhat, A.I.R. 1973 (SC) 1016; Pubali Bank Vs. Chairman, First Labour Court, Dhaka and Another 44 D.L.R. (A.D.) 40; Agrani Bank Vs. Sultana Jute Mills Ltd.; Md. Zahirul Islam Vs. National Bank Ltd. & others, 1994 (II) BLT SC (AD) 23 Lawy..

Category: Banking Law | Date: 24 Apr, 1994 | Hits: 1

Government of Bangladesh, represented by the Chairman, Bangladesh Railway Board Vs. Commerce Bank Ltd. and Ors, 1994, 23 CLC (HCD)

....ry reply about the goods. The plaintiff also made enquiry about the matter to defendant No.3 but he also could not give any information. Then the plaintiff by letter dated 11.7.68 requested the Chief Commercial Manager (Claims) of defendant No. 2 to enquire about the matter and arrange delivery of t...... Mahmudul 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: ......Mahmudul 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..

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)

....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   ......laintiff M Hafizullah with SK Siddque, Advocates—For the Defendant No. 3. Admiralty Suit No. 18 of 1993. Judgment AM Mahmudur Rahman J.-This application is for encashment of Bank Guarantee No. PG/BDT/49/93 dated July 17, 1993 furnished on behalf of the defendant 3 for 4,34,......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

Bimal Chandra Choudhury, being dead his heirs: Sarit Kumar Chowdhury and another Vs. Subramanya Krishna Choudhury, being dead his heirs: Satyendra Krishna Cho-wdhury and others, 1993, 22 CLC (HCD)

....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. ...... of Sudhir (Nirmal). D.W.2 stated that by affidavit dated 15.5.71 one Trinayani became Muslim. During that period many people became Muslim by swearing affidavit. D.W.3 is an employee of former Habib Bank Ltd. Sadarghat Branch Dhaka. On 5.8.71 Trinayani opened Bank account No.3931 there and she was ......udhir (Nirmal). D.W.2 stated that by affidavit dated 15.5.71 one Trinayani became Muslim. During that period many people became Muslim by swearing affidavit. D.W.3 is an employee of former Habib Bank Ltd. Sadarghat Branch Dhaka. On 5.8.71 Trinayani opened Bank account No.3931 there and she was ident..

Category: Property Law | Date: 7 Sep, 1993 | Hits: 2

Haider Ali Fakir Vs. Government of Bangladesh others, 1993, 22 CLC (HCD)

....with or engaged in military operations against the People's Republic of Bangladesh; (ii) any property taken over under the Bangladesh (Taking over of Control and Management of Industrial and Commercial Concerns) Order, 1972 (Acting President's Order No. 1 of 1972), but does not include-......eed its jurisdiction in passing the impugned decision. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 53. ......eed its jurisdiction in passing the impugned decision. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 53. ..

Category: Abandoned Properties Law, Property Law | Date: 25 Aug, 1993 | Hits: 11

Bengal Water Ways Ltd. Vs. Inland Water Transport Authority & others, 1993, 22 CLC (HCD)

....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     ......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     ...... July 25, 1993. Result: Both the parties are directed to maintain status quo till disposal of the application for temporary injunction. Cases Referred to- Secretary, Dacca Club Ltd. Vs. Mustafa Jamal; AIR 1964 (Assam) 81 namely United Club, Nowgong Vs. Nowgong Football Associa..

Category: Corporate Law | Date: 25 Jul, 1993 | Hits: 2

A Quyyum and another Vs. Uttara Bank Limited and Others, 1993, 22 CLC (HCD)

....l Decree No. 66 of 1987. Judgment Mohammad Ismailuddin Sarker J. - This appeal by the Defendants is against the Judgment and Decree dated 18.3.87 passed by the learned Subordinate Judge and Commercial Court No. 1, Dhaka, in Money Suit No. 657 of 1984, decreeing the suit. 2. The Plaint...... Present: Mohammad Ismailuddin Sarker J Kazi Ebadul Hoque J A Quyyum and another……………………....Petitioners Vs. Uttara Bank Limited and Others……….....Respondents Judgment July 25, 1993. .......R. 27 (Madras) 528 (Full Bench); A.I.R. 1935 (Bombay) 213 Reliance Bank Limited Vs. Profulla Kumar Banerjee, 5 D.L.R. 89, P.L.D. 1953 (Dhaka) 220;  PLR 1952 (Dhaka) 342; Tea Financing Syndicate Ltd. Vs. Chandra Kamal Bez Barua, reported in A.I.R. 1931 (Calcutta) 359-34; C.W.N. 1175, 52 C.L.J 3..

Category: Limitation Law | Date: 25 Jul, 1993 | Hits: 3