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Janata Bank Vs. M/S Ahmedia Garments, 1987, 16 CLC (HCD)
....he letter of credit in question and payment to the defendant No.1 M/S. YAMA MOTO & CO. LTD., was made long before the maturity dates i.e. on 31.12.84 and 8.2.85 and the Bank of Tokyo is the bona fide holder of the documents in question and as such they are entitled to be paid by the defendants and t......on of the judgment is stayed for 4 (four) weeks from date. There will however be no order as to costs. Amirul Islam Chowdhury J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 72...Category: Business or Commercial Law | Date: | Hits: 209
ASM Shamsul Islam Rashedi Vs. Satellite Fishing Ltd. and others, 2001, 30 CLC (HCD)
....ea Foods, etc. 3. It has an authorised share capital of Taka 1,00,00,000 (one crore) divided into 10,000 (Ordinary shares of Taka 1,000 each. The company was originally established with seven shareholders one of whom is the petitioner, who holds 1/7th share of the company i.e. to the tune of Taka......his application under section 233 which is deplorable. In view of the above, this application is dismissed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 28. ..Category: Company Law | Date: | Hits: 220
M Mojibul Haque Vs. DG, Bangladesh Bureau of Anti-Corruption & ors., 2001, 30 CLC (HCD)
....l Chanda Dwarkadas Morarka Vs. King, AIR (1948) (PC) 82. In the premises, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 24. ...... to expire and a request made to that effect by the contractor assuring that he would nonetheless continue the work even after the bills were passed. The contractor, however, deposited one of the two cheques being cheque No. 224144 dated 30‑6‑1999 with the petitioner as security. Subsequently, t..Category: Anti-Corruption Laws | Date: | Hits: 138
Saroj Kanta Sarker Vs. Seraj‑ud‑Dowla & ors., 2003, 32 CLC (HCD)
....he appeal is allowed with cost. Impugned judgment and decree are hereby set aside. The suit is dismissed. Send down the LCR at once. Ed. This Case is also Reported in: 56 DLR (2004) 39. ......dant No. 1 would continue enjoying said 5.143 acres of land covered by two contracts and upon receipt of Taka 60,34,533 the remainder of the considerations from pro‑forma defendant No. 4 in cash or cheque would execute and register necessary deeds of sale in favour of the plaintiff and defendant N..Category: Civil Law | Date: | Hits: 78
National Bank Ltd. and others Vs. Habib Bank Ltd. and others, 2002, 31 CLC (HCD)
....ary should accompany with the documents for negotiation. Draft must be marked "drawn under national bank lid credit 7‑9‑86 dt 3‑3‑86" (.) we hereby agree with drawers, endorsers and bona fide holders of draft drawn under and in compliance with the terms of this credit shall be honoured on du...... dismissed. In the circumstances, there shall be no order of costs in any of the appeals. Send down the lower Court records forthwith. Ed. This Case is also Reported in: 56 DLR (2004) 15. ..Category: Business or Commercial Law | Date: | Hits: 202
....ere that modern Government will be unworkable if the State functionaries are not left with certain discretionary power and it is not always possible for the legislature to lay down in advance how the holder of a discretionary power would exercise it in a particular situation. It is to be borne in mi......sion we are of the opinion that the Rule is liable to be discharged. In the result the Rule is discharged. There will he no order as to cost.
Ed.
This Case is also Reported in: 54 DLR (2002) 1.
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Category: Fiscal/Taxation Law | Date: | Hits: 108
AVP, Uttara Bank Ltd. Vs. Shahabuddin Khan and others, 2006, 35 CLC (HCD)
.... cost. Send down the lower Court's records at once with a copy of this judgment for information and taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 166. ......pondent Hari Bandhu Sarker's job was to maintain accounts in the head office whereby he was in the position of a worker and it was only by way of exception that he was made by the authority to sign cheque jointly with the manager. Mere signing of cheques jointly with manager did not take Hari Band..Category: Employment/Service Law | Date: | Hits: 69
....seen by this Court as being bound by elements of continuity and linkage. That linkage, it is submitted further, is well recognised in section 4(2) of the Act itself as entitles a pre-existing licence holder to the issuance of a fresh licence upon fulfilment of certain requirements as to an applica......e observations and direction made above.
Communicate a copy of this judgment to the respondent at once.
There is no order as to costs.
Ed.
This Case is also Reported in: 59 DLR (2007) 131...
Category: Information Technology Law | Date: | Hits: 171
Anhar Ahamed Chowdhury and another Vs. Md. Shamsuzzaman and others, 2006, 35 CLC (HCD)
....eedings of Title Execution Case No. 3 of 2003 granted earlier is recalled and stands vacated. Send down the lower Court's record at once. Ed. This Case is also Reported in: 59 DLR (2007) 66. ......purchase the said apartment at a consideration of Taka 41,22,000 for his sister who lives in New York USA. Subsequently, the plaintiff paid Taka 20,00,000 and 21,22,000 to the defendant No. 1, all in cheques, on 12-3-1997 and 16-5-1997 respectively and the defendant Nos. 1 & 2 acknowledged the..Category: Business or Commercial Law | Date: | Hits: 208
.... and/or such other or further order or orders passed as to this Court may seem fit and proper.
2. Short facts relevant for the purpose of disposal of the Rule are as follows:
The decree holder respondent, namely, Pubali Bank Limited, Sadarghat Branch, Dhaka, being financial institution...... Rin Appeal No. 1 of 2003 should not be declared to have been passed without lawful authority and is of no legal effect and why the respondent No. 1 should not be directed to accept the account payee cheque as security deposit in terms of section 42(1) of the Artha Rin Adalat Ain, 2003 and/or such o..
Category: Civil Law | Date: | Hits: 90
Giasuddin Ahmed Vs. Green Delta Insurance Company Limited and another, 1995, 24 CLC (HCD)
.... Act for rectification of the share register of respondent No.1 Company namely, Green Delta Insurance Company Limited. 2. The case of the petitioner is as follows: 3. The petitioner is a share holder in Green Delta Insurance Company Limited hereinafter referred to as the Company. The petition......ation of share register of the respondent-company under section 38 of the Companies Act 1938 is reject without any order as to costs. Ed. This Case is also Reported in: 55 DLR (HCD) (2000) 41. ..Category: Company Law | Date: | Hits: 181
Shamsul Alam and others Vs. A.F.R. Hassan and others, 1985, 14 CLC (HCD)
....is liable to be quashed. Accordingly, the rules are made absolute and the impugned proceeding is quashed. Abdul Bari Sarker J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 46.......m by the BSRS and purchased old engines at a much lower price and thus mis-appropriated the balance sum of money. It may be further stated that the last instalment for Tk. 28.00 lacs was paid through cheque dated 3.12.80 to purchase new engines through WEs but the accused Nos. 5 and 6 fraudulently w..Category: Criminal Law | Date: | Hits: 67
Bangladesh Shipping Corporation Vs. Rafique Ahmed, 1987, 16 CLC (HCD)
....ed by Mr. M. I. Hafiz, Subordinate Judge-in-Charge of Second Court of Subordinate Judge, Chittagong in Money Execution Case No. 3 of 1986. 2. Facts of the case are as follows:- Plaintiff decree-holder respondent Rafique Ahmed, Proprietor M/S. Karnafully Shipping and Trading Corporation, 91 Agr......s made above as expeditiously as possible preferably within two month from the date of receipt of this order. Qazi Shafiuddin J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 36...Category: Admiralty Law or Maritime Law | Date: | Hits: 212
Abdul Khalek Khan Vs. Government of Bangladesh, 1986, 15 CLC (HCD)
.... procedure for registration of the importer and also for suspension and cancellation of such registration. The said licence without show cause notice which certainly affected the right of the licence-holder adversely and he was deprived of the opportunity to show cause against the action. In that ca......Additional District Judge dismissing the suit is maintained. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 21...Category: Property Law | Date: | Hits: 36
Arab Bangladesh Bank Ltd. Vs. Ziauddin and others, 1998, 27 CLC (HCD)
.... Uddin Ahmed with his own money made a fixed deposit with the appellant bank with a stipulation that he or his wife defendant No.1 would operate the account and in case of death of one of the account-holders the survivor shall operate the same. The plaintiff’s further case is that after the death ......d by the trial Court while disposing of the suit on merit. The connected Memorandum of Cross Objection is accordingly disposed of. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 36. ..Category: Banking Law | Date: | Hits: 122
Satya Narayan Poddar Vs. State, 2001, 30 CLC (HCD)
....charged. Stay granted earlier is vacated and he learned Magistrate is directed to dispose of the case expeditiously in accordance with law. Ed. This Case is also Reported in: 53 DLR (2001) 403. ......t be quashed. 2. In this Rule only question raised is whether filing of a petition of complaint before the cause of action arose can be a ground for quashing the proceeding. In the instant case, a cheque was issued by the accused petitioner in favour of the complainant opposite party. The cheque ..Category: Criminal Law | Date: | Hits: 35
State Vs. Chief Editor, Manabjamin and others, 2002, 31 CLC (HCD)_Part Two
....eans of private communication. What is proved against the contemner is a grave misconduct which under no circumstances can be condoned or palliated, particularly when the contemner himself was the holder of the highest post in the Republic. As the allegations have been substantiated the guilty p......ffice is directed to send a copy of this judgment to the Secretary, Law Commission, Dhaka, for perusal and necessary action. Ed. This Case is also Reported in: 57 DLR (2005) 359. Part One ..Category: Criminal Law | Date: | Hits: 130
Md. Mansur Rahman Vs. Abdul Mannan Sardar and others, 2009, 38 CLC (AD)
.... in Money Execution Case No.142 of 2000 allowing the application filed under Section 57 of the Artha Rin Adalat Ain, 2003 and thereby setting aside the auction sale dated 18.08.2005. 2. The decree holder Agrani Bank filed Artha Rin Case No.49 of 1997 in the Court of Artha Rin Adalat, Bogra, for r......ly. In the facts and circumstances of the case, we do not find any merit in the application. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 623...Category: Civil Law | Date: | Hits: 79
Abdur Rashid alias Abdur Rasheed Vs. Judge, Artha Rin Adalat No.1, Chittagong, 2009, 38 CLC (AD)
....laintiff bank is entitled to get Tk.7,34,435/- from the defendant Nos.1 and 2 who shall pay the half of the amount and the defendant No.3 shall pay the another half to the plaintiff. 5. The decree holder-bank, that is, the writ respondent No. 2, put the decree for execution. 6. The responden....... We find that the High Court Division committed no illegality in discharging the Rule. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 611...Category: Civil Law | Date: | Hits: 77
Alekjan Bewa and others Vs. Arefa Bewa and others, 2009, 38 CLC (AD)
....y co-sharer prays for allotment of saham out of the ejmali land on payment of proper Court fee, the Court can allow such prayer out of the ejmali property without disturbing the share of the decree holder. In this case, the learned single Judge of the High Court Division allowed the prayer of the ......the above, we find no merit in the contention of the learned counsel for the petitioners. The petition is therefore, summarily dismissed. Ed. This Case is also Reported in: VII ADC (2010) 593...Category: Property Law | Date: | Hits: 23
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