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Bangladesh Jute Corporation Vs. AB Jute Ltd, 2004, 33 CLC (HCD)
.... Awards dated 2‑5‑95 and 24‑6‑96 are accordingly set aside. Send down the records. Ed. This Case is also Reported in: 57 DLR (2005) 663. ......tration. 35. Now we take up issue No.‘d’. The impugned orders read that learned Subordinate Judge heard the arguments of the learned Advocates, perused the application and objection, documents and award. He found that the tribunal gave its award on proof of each and every claim as m..Category: Arbitration Law | Date: 18 Aug, 2004 | Hits: 8
.... dispose of the application of the petitioner for manufacturing tent at Chittagong EPZ within 2(two) months of receipt of this order.
Ed.
This Case is also Reported in: 57 DLR (2005) 631.
......for. It has been further alleged by the respondent No.4 that on 2‑4‑2002 one of the officials of the petitioner company was caught red-handed by the respondent No.1 removing confidential business documents of another industrial enterprise namely, HKD (Hi-Tech) Limited from BEPZA office at Chitta..
Category: Business or Commercial Law | Date: 17 Aug, 2004 | Hits: 2
Ashraful Alam Vs. Md. Moniruddin and ors, 2004, 33 CLC (HCD)
....gment and decree are hereby set aside. The suit is dismissed. Send down the records at once. Ed. This Case is also Reported in: 57 DLR (2005) 260. ......possession? and (e) what relief the plaintiffs were entitled to? 8. In support of their respective cases, both plaintiffs and defendant No.12 examined three witnesses each. Papers and documents produced by the plaintiffs were marked as Exhibits 1 to 5 series while those of the defend..Category: Property Law | Date: 17 Aug, 2004 | Hits: 2
Hasina Begum Vs. Deputy Commissioner, Dhaka and others, 2004, 33 CLC (HCD)
....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. ......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
Jane Alam (Md.) Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....nce to the aforesaid Trawler of the petitioner. In accordance with law within 60 (sixty) days from the date of receipt of this order. Ed. This Case is also Reported in: 57 DLR (2005) 305. ...... The learned Assistant Attorney-General however, finds it difficult to oppose this contention. 10. After careful scrutiny and examination of the statements contained in the writ petition and the documents annexed thereto, the contentions advanced by the learned Advocate for the petitioner appea..Category: Admiralty Law or Maritime Law | Date: 10 Aug, 2004 | Hits: 4
State Vs. Md. Arab Ali, Ex-Manager, Rupali Bank and others, 2005, 34 CLC (AD)
....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. ......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
.... First 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 busin......entation is one of the most important parts of the lending operation of a bank.
In case of need the realisation of bank dues depends to a large extent upon the precision and completeness of the documents obtained from the customers; each bank should have a set of printed forms of its own which..
Category: Banking Law, Corporate Law | Date: 1 Aug, 2004 | Hits: 4
Dewan Abul Abbas Vs. Muna Haque and other, 2004, 33 CLC (HCD)
....ellant. If no deposit is made within that period the appeal stands dismissed. Let the lower Courts records be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 310. ......ellant. If no deposit is made within that period the appeal stands dismissed. Let the lower Courts records be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 310. ..Category: Civil Law | Date: 28 Jul, 2004 | Hits: 6
....e Rule is discharged.
According to section 138 of the Act (XXIV of 1881), a cheque drawn by a person for payment of any amount of money to any other persons out of his account is returned by the bank unpaid, either for insufficiency of amount to honour the cheque or it exceeds the amount arrang......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)
....eiving claim, the purchaser of the vessel filed the present writ petition and obtained the rule nisi, and the Court also directed the respondents to deliver the vessel to the petitioner on furnishing bank guarantee against the dues claimed. On receipt of bank guarantees, the Chittagong Port Authorit......issued by the Bank as per bank records and no sanction or confirmation of such bank guarantee was given from the Head Office of the City Bank. Those bank guarantee numbers correspond to security documents issued for others and do not tally with the petitioner's bank guarantees and &nbs..Category: Fiscal/Taxation Law | Date: 18 Jul, 2004 | Hits: 109
Zamini Bala Das Vs. Abdul Aziz and others, 2004, 33 CLC (HCD)
....f the trial Court restored. The suit is decreed as prayed for. Send down the record at once. Ed. This Case is also Reported in: 57 DLR (2005) 774. ......ndant to restore possession in the decree. 40. We have already found that sale deed Nos.965 and 966 dated 30‑1‑70 were forged and created since the plaintiff did not execute and register the documents. The documents are therefore, void ab initio. When a document is void ab initio that need ..Category: Property Law | Date: 17 Jul, 2004 | Hits: 4
Nurul Haque and others Vs. Abdus Salam Chowdhury and ors. 2005, 34 CLC (AD)
....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. ......iff was his benamder with respect thereto and the further submission that the High Court Division ought to have discussed the elaborate evidence relating to the topic Of custody of the basic documents but has not applied its Judicial mind in this regard, and the further submission that the..Category: Civil Law | Date: 13 Jul, 2004 | Hits: 196
Oriental Bank Ltd. Vs. Rina Alam and another, 2004, 33 CLC (AD)
.... Dhaka in Title Suit No. 197 of 2001 decreeing the suit. 2. The respondent No.1 as the plaintiff filed Title Suit No. 208 of 1997 renumbered as Title Suit No. 197 of 2001 against the petitioner bank for a declaration that the plaintiff had no liability to the petitioner bank for any loan amo......an amount, the so-called Memorandum of Deposit of Title Deed dated 17‑3-1988 was forged, concocted and illegal, the plaintiff is entitled to get back the title deed along with other supporting documents lying with the bank and a decree of Taka 75,00,000 as compensation against the petitioner..Category: Civil Law | Date: 5 Jul, 2004 | Hits: 171
....ot find any reason to interfere with the judgment and order of the High Court Division.
Accordingly, the petition is dismissed.
Ed.
This Case is also Reported in:56 DLR (AD) 166.
......were determined not to allow him to proceed with his case before the Arbitral Tribunal, that the Solicitor of the defendant No. 1 expressed the view that the papers filed by the plaintiff were forged documents, that though Solicitor of the defendant No. 1 confirmed in writing that they would have 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)
.... petitioner and his two guarantors for realisation of Taka 42,96,879 as on 30th April, 2001. The petitioner in course of his business at one time fell short of cash flow and applied to the respondent bank by a letter dated 23‑2‑95 to sanction revolving LTR (Loan Against Trust Receipt) for an amo......in a bid to release some goods covered by the letter of credit opened by the petitioner in the respondent bank. The respondent bank failed to sanction the said sum although the L/C was secured by the documents of title of the imported goods and there was also full security for the proposed revolving..Category: Banking Law | Date: 14 Jun, 2004 | Hits: 310
....spondents
Judgment
May 10, 2004.
Result:
The Rule is discharged.
The Bankruptcy Act 1997 (Act X of 1997) is a special law, was enacted in order to make provisions relating to bankruptcy.
Section 28 empowers the court to dismiss the plaint even before taking of evidence......he Bankruptcy Court is directed to dispose of the bankruptcy case expeditiously.
The order of stay granted earlier by this Court
Ed.
This Case is also Reported in: 57 DLR (2005) 716.
..
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)
.... 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: ...... 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. ...... 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. ......s are made applicable to procurement of goods and work for the subjects as provided in the agreement This rights and obligations of the borrower and the providers of goods are governed by the bidding documents and by the contracts signed by the borrowers with the providers of goods and works and not..Category: Constitutional Law | Date: 6 Apr, 2004 | Hits: 215
Nurul Huq (Md) @ MN Huq Vs. Nirmal Chandra Dutta & anr., 2004, 33 CLC (AD)
....ave been executed by the respondent and to decide the appeal iii accordance with law. The plaintiff of the suit shall bear the costs of the examination by the Handwriting Expert. Ed. ......are forged while the appellant asserted the same to be genuine. In view of the contentious submissions of the parties, we are of the view that it was the duty of the courts below to send the impugned documents to Handwriting Expert for opinion. Such opinion being not taken by either of the Courts be..Category: Property Law | Date: 5 Apr, 2004 | Hits: 103
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