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.... 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
......R, 333; Middland Silicone Ltd. Vs. Sermons Ltd. (1959) 2 AER. 22; Shiv Dayal Kapoor Vs. Union of India, AIR 1963 (Punj) 538; Salomon Vs. Salomon & Co. (1895-99) AER, 33; EBM Co. Ltd. Vs. Dominion Bank, AIR 1952 (Bom), 337; Punjab All's case 29 DLR (SC) 185.
Lawyers Involved:
Rokonu......ction)
Present:
Md. Mozammel Haque J
Md. Abdul Karim J
Trang Ice and Cold Storage Company Limited............................Appellant
Vs.
Amin Fish Farm and Industries Ltd. and others...........................Respondent
Judgment
July 14, 1993.
Result:
..
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
......d the decision of the Railway Administration to transfer 12 acres of land in favour of the Parishad on payment of Taka 3155,000.00 per acre, the total amount being Taka 4,20,000.00 to be paid through Bank Drafts, Accordingly, the Plaintiff Unnayan Parishad deposited the entire amount of Taka 4,20,00......within the mischief of any other provision of section 23 of the Contract Act.
17. Mr. Shaheed Alam, learned Advocate for the Respondent, has referred to the case of Pabna Electric Supply Company Ltd. Vs. Kaliprashad reported in 12 DLR 128. In that case the appeal arose for the purpose of determ..
Category: Contract Law, Property Law | Date: 16 Feb, 1993 | Hits: 2
A R Shams ud Doha Vs. Bangladesh and others, 1992, 21 CLC (HCD)
.... years grace period. Phasc‑II Dialogue Tower project on the petitioner's family land of 18.76 kathas at 64, Air Port Road to be built jointly with Lucky Gold star of South Korea and Phase III‑Commercial printing with a total share cost of Taka 7.6 crore. In all Al‑Baraka Bank Bangladesh Lt......c interest must effect directly the interest of a considerable section of the people in the locality or substantial amount of the cross section of the groups of people. The interest of a private Bank is not such a public interest or any interest in which the interest of a public is directly con...... petitioner that the reasons mentioned are absolutely false, baseless, motivated and the allegation that the petitioner with a view to avoid repayment of the loan allegedly taken from Al. Baraka Bank Ltd. was intending to leave the country for ever, is essentially baseless. The petitioner has no rea..Category: Administrative Law, Constitutional Law | Date: 4 Aug, 1992 | Hits: 3
Salim Hasan Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)
....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. ......ector of Baitul Aman Housing Co‑operative Society at Dhaka. He is also a director of Bangladesh Commerce and Investment Ltd. the operation of which has been suspended by the order of the Bangladesh Bank with effect from 28.4.92 for alleged illegality committed by the same Investment Corporation in......g citizen of Bangladesh. He is an educated, responsible member of the society engaged in the industrial and commercial activities. He is the chairman and director of the Sun Flower Textile Industries Ltd. of Maktarpur Munshiganj and the proprietor of M/s Trade Aid, Motijheel C/A Dhaka, a firm of Imp..Category: Banking Law | Date: 16 Jul, 1992 | Hits: 187
Serajul Islam Thakur Vs. Government of Bangla¬desh and another, 1992, 21 CLC (HCD)
....2 of the Constitution before this Court. In the result, the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 318 ......2 of the Constitution before this Court. In the result, the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 318 ......2 of the Constitution before this Court. In the result, the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 318 ..Category: Administrative Law | Date: 27 May, 1992 | Hits: 1
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 ......dy deposited will be confiscated to the Government and Mohal will be put on auction again but the petitioner was delayed by few days but deposited the balance Taka 58,000.00 on 6.5.91 into Bangladesh Bank, Sylhet Branch by chalan, Annexure‑U. Thereafter, the petitioner executed a bilateral lease d......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
Syed Ali Mandal alias Md. Syed Ali and 4 others Vs. State, 1992, 21 CLC (HCD)
....k. This witness then submitted his enquiry report marked Ext.29. This P.W.2 was thoroughly cross‑examined by the defence and during cross‑examination he admitted that he was directed by the Chief Commercial Manager to hold the enquiry. He further admitted that no one from the Jamuna Oil Company ......of the same and discharged from their respective bail bonds. Let the lower Court records be sent down at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 149. ......r two years with a fine of Taka 5,912.00 each, in default to suffer SI for two months more. 2. The prosecution case, in short, is that the Sub‑Divisional Depot Superintendent of Jamuna Oil Co. Ltd. Daulatpur on 2.12.1975 booked 11000 gallons of superior kerosene oil in BR BTO Wagon No. 40058 ..Category: Criminal Law | Date: 20 May, 1992 | Hits: 2
Bengal Metro Engineering Co. and others Vs. Agrani Bank, 1992, 21 CLC (HCD)
....f the Code of Civil Procedure at the instance of the defendant‑petitioners and is directed against two orders, one dated 17.4.90 and the other dated 12.5.90 passed by the learned Subordinate Judge, Commercial Court No. 1, Dhaka in Title Suit No, 280 of 1989 in respect of an application for permiss......on) Present: Muhammad Ansar Ali J Md. Abdul Karim J Bengal Metro Engineering Co. and others………….Petitioner Vs. Agrani Bank.......................opposite Party Judgment May 5, 1992 Result: The Rule ......Party Judgment May 5, 1992 Result: The Rule is made absolute. Cases Referred to- Md. Obaidul Akbar Vs. East Pakistan Provincial (now Bangladesh) Co‑operative Bank Ltd. 27, DLR 523; Haridas Mondra Vs. National and Grindlays Bank Ltd. reported in AIR 1963 Cal. 132...Category: Contract Law | Date: 5 May, 1992 | Hits: 2
....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
......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
......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.
Result:
The..
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.
......assed by CO (Rev), Kotwali, Sylhet and he was continuing to be in possession thereof as exclusive owner of the land on payment of rents to the Government and Taxes to the Municipality. He also raised Bank Loan for his business by mortgaging the property within the knowledge of the Additional Deputy ......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
.... 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
......dustries on 10. 12.90 granted Right of Refusal (ROR) to the import of the said 43092 single phase meters under IDA Credit in view of the letter dated 31.10.90 of the local representative of the World Bank to the Vice President without consulting the local manufacturers. But in the memorandum dated 1...... 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
....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.
......DLR (HCD) (1994) 143.
......ce per month and that his service will be terminated without any notice or assigning any reason and that he would have whole time engagement as the Godown Keeper in the godown of Orient Textile Mills Ltd. Mirerbagh, Dhaka. It is further stipulated in the appointment letter that applicant would be ap..
Category: Employment/Service Law | Date: 12 Jan, 1992 | Hits: 6
....Rule Nisi was issued on 7th July, 1991 asking the respondent Nos. 1‑6 to show cause why the impugned publication made by the respondent No.1, Bangladesh Bank, represented by its Governor, Motijheel Commercial Area, Dhaka made in the Bangladesh Observer dated 20th May, 1991 as continued in the said......rt Division
(Special Original Jurisdiction)
Present:
Fazle Hussain Mohammad Habibur Rahman J
KM Hasan J
Paul and Co., Narayanganj.......................Petitioner
Vs.
Bangladesh Bank, represented by its Governor and others.................Respondents
Judgment
August 27, 1......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)
....ue Chowdhury J.-This First Miscellaneous Appeal by the Coal Controller, Directorate of Coal, Govemment of Bangladesh is directed against an order dated 11.8.90 passed by the Subordinate Judge and 1st Commercial Court, Dhaka in Misc. Case No. 109 of 1990 under section 41(b) read with item 4 of the Se...... be caused to one of the parties in case it is allowed or refused. In the instant case the balance of convenience and inconvenience is in favour of the opposite party foreign supplier and if the Bank guarantee is kept alive by renewal for one year more and it is directed to be so kept, the Coal......oncerned with the impugned order passed by the learned Subordinate Judge and Commercial Court No.1, Dhaka in Miscellaneous Case No. 109 of 1990 instituted before that court by Ventura Industries Ltd. against the Coal Controller and others. From a reading of the plaint of that Miscellaneous case..Category: Arbitration Law | Date: 5 Feb, 1991 | Hits: 5
Mirza Ali Ashraf Vs. State, 1991, 20 CLC (HCD)
.... Order, 1972 and obtained an order of ad‑interim attachment of the property, of the Company mortgaged against the loan under Article 33(3) of the Shilpa Bank Order. The said case was transferred to Commercial Court No. 11, Dhaka and was numbered as Misc. Case No. 53 of 1985. The Bank also initiate......he Government, represented by the Secretary Ministry of Home Affairs, Mr. Md. Feroz, Senior Assistant Secretary, of the said Ministry, Dr. Mahiuddin Khan Alamgir, Managing Director, Bangladesh Shilpa Bank and Mr. M Nurul Haque General Manager, Bangladesh Shilpa Bank to show cause why the order of de......ule was issued after the petitioner was released by the Government from detention. 3. The case of the petitioner Mirza Ali Ashraf is that he was the Managing Director of M/s. Moon Light Silk Mills Ltd. He took a foreign currency loan of DM 12,84,425,26 equivalent, to Taka 15,28,466.00 and a local..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. ...... plaintiffs also issued a similar notice of attornment on 30.7.1987. Defendant No.1 received that notice on 10. 10. 1987. On the defendants' request the plaintiffs gave information about the Bank account numbers of the owners, and sent photo copies of the sale‑deeds to the Corporation. In...... Present: MH Rahman J Mustafa Karnal J Latifur Rahman J Bangladesh Inland Water Transport Corporation and others……..Appellants Vs. Nazma Flour Mills Ltd. & others…………………………&he..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)
.... 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. ......ied to the petitioner or any other Directors and the Registrar of Joint Stock Company. For the business of the company the said Managing Director had taken loan of about Tk. 30,00,000/‑ from Islami Bank respondent No. 15 but cannot repay the aforesaid debt even by installment as agreed upon. The r......al Civil 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: Th..Category: Company Law | Date: 19 Dec, 1990 | Hits: 195
The State Vs. Ashraf Ali alias Ashraf & another, 1990, 19 CLC (AD)
....r life. They are directed to surrender to their bail bonds at once failing which the Deputy Commissioner will get them arrested. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 83. ......r life. They are directed to surrender to their bail bonds at once failing which the Deputy Commissioner will get them arrested. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 83. ......r life. They are directed to surrender to their bail bonds at once failing which the Deputy Commissioner will get them arrested. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 83. ..Category: Criminal Law | Date: 14 Nov, 1990 | Hits: 88
Farida Aziz Vs. Government of Bangladesh, 1990, 19 CLC (HCD)
....ment have been made and/or passed without any lawful authority and are of no legal effect. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 12....... Works and Urban Development, Secretariat Building, Dhaka and another..................Respondents Judgment November 5, 1990. Cases Referred to- M/s. Gannysons Ltd. and another Vs. Sonali Bank and others, 37 DLR (AD) 42; Government of Bangladesh Vs. Mirza Shahab Ispahani 40 DLR (AD) 177.......y the Secretary, Ministry of Works and Urban Development, Secretariat Building, Dhaka and another..................Respondents Judgment November 5, 1990. Cases Referred to- M/s. Gannysons Ltd. and another Vs. Sonali Bank and others, 37 DLR (AD) 42; Government of Bangladesh Vs. Mirza Shah..Category: Property Law | Date: 5 Nov, 1990 | Hits: 95
Agrani Bank Vs. Bangladesh Tyres Ltd and others, 1990, 19 CLC (AD)
....any Judge on 1.11.1982 being Matter No. 29 of 1982 for winding up of the respondent No.1 Company alleging, inter alia, that it is Private Limited Company having its registered office at 82, Motijheel Commercial Area and factory at Fatullah, Dhaka and that the Company carries on the business of manuf...... order of the learned Company Judge restored. Ed. ...... Cases Referred to- The Punjab Flying Club Limited AIR (1933) Lah, 301; Halsbury's Laws of England Vol. V. Page 397; Haven Cold Mining Co. (1982) 20 Ch. D 151 & Re, Taldua Rubber Co. Ltd. (1946) 2 All ER 763. Lawyers Involved: M Nurullah, Senior Advocate, instructed by Sha..Category: Business or Commercial Law | Date: 29 Aug, 1990 | Hits: 122
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