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Abdur Rahim Afroze Vs. B. C. Aga and Co. Ltd. and others, 1977, 6 CLC (AD)
....rst Court, Chittagong in other suit No. 17 of 1958 in terms of an award. 2. The circumstances leading to the aforesaid suit are as follows B. C. Aga & Co. (hereinafter called the respondent) while carrying on business under the name and style L. D. Seymore & Co. (Pak) Ltd. was requested by the ap......therefore, jurisdiction to enter upon arbitration on his appointment and the award made by him was not void. In the result the appeal is dismissed without, however, any order as to costs. Ed. ..Category: Business or Commercial Law | Date: | Hits: 86
Mohiuddin Khan and others Vs. Pakistan River Steamer Ltd. and others, 1977, 6 CLC (AD)
....cial leave is against a judgment of a Bench of the Dacca High Court, setting aside an order of the Labour Court, on an application made by Respondent No. 1, and incorporated Company engaged in carrying passengers and cargoes by steamers, under Article 98 of the then Constitution of Paki......eral provision and as such valid and lawful. The result, therefore, is that this appeal is dismissed, but in the circumstances of the case there shall be no order as to costs. Ed. ..Category: Labour and Industrial Law | Date: | Hits: 138
Bangladesh Small Industries Corporation, Dacca Vs. Mahbub Hossain Chowdhury, 1976, 5 CLC (AD)
....9-72 he was entrusted with certain duties, namely, (1) Supervision of the work of the Field Inspector for verification of applications of weavers; (2) Supervision in respect of distribution of ration cards by the Y. D. Cs and checking up of the statements and returns thereto to apprise J. D. Y. (P &......rticipation in the management and control of the Corporation. If we turn to the function and object of the Corporation, we observe that principal aim is to help promote small industries by giving loan, advice and sometimes starting project and then selling it to prospective investors. The purp..Category: Employment/Service Law | Date: | Hits: 170
Syed Abdur Rahim Vs. Secretary, Ministry of Works, Government of Bangladesh & ors, 2001, 30 CLC (AD)
....he said Main Road No. 1 was a large strip of vacant land and in front of those commercial plots and part of the vacant strip of land in front of those commercial plots which had been earmarked for car parking. There was another strip of vacant land to the south of said commercial plots and to th......llegality in the judgment and orders passed by the High Court Division. The petitions are therefore dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 106. ..Category: Constitutional Law | Date: | Hits: 138
Syed Al Nesar Ahmed, MD, United Food Complex Ltd. Vs. Nafisa Choudhury and others, 2001, 30 CLC (AD)
.... interference. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 83. ...... 3. The minority share holder holds 28,860 shares out of 1,47,816 shares issued by the respondent company namely, United Food Complex Ltd. The respondent No. 1 company was granted loan by Bangladesh Shilpa Rin Sangstha (BSRS), Investment Corporation of Bangladesh (ICB) and 5 oth..Category: Business or Commercial Law | Date: | Hits: 95
Abu Taher Vs. Abdur Razzak and others, 1995, 24 CLC (AD)
....any illegality in upholding the judgment and order of the Election Appellate Tribunal. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 160 ......12.91. His nomination paper was accepted on the date of scrutiny on 8.12.91 in spite of an objection filed by the contestant respondent No.1 on the ground that the petitioner defaulted in repaying loan taken by him from the Bangladesh Krishi Bank, Konkapati Bazar Branch. The election was held on..Category: Others | Date: | Hits: 101
Sadharan Bima Corporation Vs. Sanjib Kumar Das & another, 1995, 24 CLC (AD)
....nterpretation given by the High Court Division, we dismiss the appeal for the reasons above without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 97 ......umar Das is a manufacturer and seller of homeopathic medicines under the name and style of SB Memco Laboratory at his village Kulkurmal, Police Station Rangunia, District Chittagong. He obtained a loan from pro‑forma defendant No. 2 Janata Bank, Laldighi East, Chittagong on an equitable mo..Category: Business or Commercial Law | Date: | Hits: 114
Abdus Satter (Md) Vs. Bangladesh and others, 1996, 25 CLC (AD)
....ave been passed without lawful authority and of no legal effect. The appeal is allowed without costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 64, 48 DLR (AD) (1996) 180 ......rict Dhaka as per sanctioned plan of the former Dhaka Improvement Trust dated 22-5-80 (renewed 7-6-83) on obtaining house building advance from his employer Bangladesh Shilpa Bank and on obtaining loan from the House Building Finance Corporation, as also from his personal savings and borrowing f..Category: Business or Commercial Law | Date: | Hits: 136
Sadharan Bima Corporation Vs. Bengal Liner Ltd. and another, 1996, 25 CLC (AD)
....ndesirable response from her helm. Finally, she was refloated using two tugs and her engine and was re-anchored at S-4. The accident caused damage to the rudder and rudder stock and as she had full cargo on board the hull was badly damaged. She went out of commission altogether. There was no pla......the need for owners to comply with the requirements of any mortgagees of their vessels who invariably insist on the protection of insurance policies for not less than the amount of the outstanding loan. The artificiality of insured value in hull policies and need for certainty of interpre..Category: Business or Commercial Law | Date: | Hits: 151
Moqbul Ahmed and another Vs. Ahmed Impex (Pvt.) Ltd. and ors, 1996, 25 CLC (AD)
.... of the learned Single Company Judge, if so advised. The appeal is therefore allowed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 82 ......el Ahmed obtained signatures of the appellants upon some blank forms, stamp papers and other papers and also received the appellants’ original share certificates on the representation that a loan for the company was to be secured from a bank against was the said papers. He gave an undertak..Category: Business or Commercial Law | Date: | Hits: 118
Moti Mia Vs. Ayesha Khatun and another, 1996, 25 CLC (AD)
....tinction was made between withdrawal of a criminal case and compromise and settlement of all differences between the parties as noticed in the case of AIR 1965 (SC) 166. 15. Thus on a careful consideration of the law on the subject and the materials on record we hold that the kabala......obliterate the real difference between the motive for the agreement and the consideration for it. In that case, certain goods belonging to the appellants were pledged with the bank as security for loan and the same were kept in a godown. The appellant in collusion with the bank people removed th..Category: Property Law | Date: | Hits: 72
W B Industrial Corporation Ltd. and others Vs. Deen Mohammad Rana and another, 1996, 25 CLC (AD)
....d for sale of the Leather Board of Industry. The tenders were not opened on that d fixed, 13 June 1990. The plaintiffs did not know when they were opened and in whose presence. Thereafter the Bank carried on negotiation with various parties including the plaintiffs. As a result of discussion bet......e Bangladesh Shilpa Bank respondent No. 2 to Mr. Deen Mohammad Rana Respondent No. 1 is illegal, malafide and without jurisdiction and void. 2. The plaint case is, that plaintiff No. 1 took loan from the Bangladesh Shilpa Bank for a sum of Taka 1,22,58,702 during the period from December ..Category: Business or Commercial Law | Date: | Hits: 107
Bangladesh Vs. Md. Suruzzamal and others, 1996, 25 CLC (AD)
.... evidence in the case properly, keeping in view the definition of “abandoned property” as in President’s Order No. 16 of 1972, which resulted in an erroneous decision causing a miscarriage of justice. Further contention on which leave has been granted is that there is clear evid......o. 145A. Road No. 2 Dhanmondi Residential Area, Police Station—Lalbagh, District— Dhaka standing on 1 bigha of land or there-about, originally belonged to one Dr. S M Shamim, who took a loan from Rupali Bank (the then Muslim Commercial Bank) on 26.6.70 and on his failure to repay the ..Category: Property Law | Date: | Hits: 61
Aminul Islam Vs. State, 1972, 1 CLC (HCD)
....bdus Salam who received payment from both the funds was not examined by the prosecution as he was reported to be ill. PW I was a motor driver of Jessore Collectorate and in 1964; he used to drive the car which was used by the appellant. He filed a petition, Ext I, to the S.D.O. on 18.8.64 stating th......s not at all been proved and he is entitled to be acquitted. The appeal is allowed. The conviction and sentence passed against the appellant are set aside and he is acquitted of the charge. Ed. ..Category: Anti-Corruption Laws | Date: | Hits: 83
Rakhal Chandra Das and ors Vs. Benecha Khatun and others, 1972, 1 CLC (AD)
....awyer and it is found to be the correct view on the question of law, the failure of production or non-production of the lawyer who gave the advice is of no consequence and definitely no ground for discarding the statement of the plaintiff on that ground. This finding of the learned Subordinate Judge......lpur, Plot No. 311 with the area of 66 acres. Kula Kamini as owner of this plot mortgaged the suit land to defendant No. 1 Abdul Gam Sarkar and the predecessor defendants 2-13. The mortgage was for a loan of Rs. 200.00 and delivery of possession was given to the mortgagee and that subsequently Kula ..Category: Property Law | Date: | Hits: 82
Bangladesh Shilpa Rin Sangstha Vs. Rahman Textile Mills Ltd and others, 1999, 28 CLC (AD)
....rt Division was correct in interpreting Order VII, rule 11 Code of Civil Procedure and that the impugned judgment does not warrant any interference from this Court in the interest of justice. We have carefully considered his submission but have been unable to persuade ourselves that these are cases ......ivision. It reads- “14A. That the plaintiff all the time disputed the claim of defendant No. 1 but they willfully did not disclose the actual fact that BTMC has already paid them full amount of loan/dues on account of Rahman Textile Mills Limited. So the auction sale dated 3-3-93 subsequent ac..Category: Property Law | Date: | Hits: 77
SM Anwar Hossain Vs. Md. Shafiul Alam (Chand) and another, 1999, 28 CLC (AD)
....ion for quashing summarily under a misconception. For the reasons this appeal is allowed and the impugned proceeding is quashed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 218. ...... Respondent No. 1 as complainant filed a petition of complaint on 18 April, 1996 alleging, inter alia, that the accused appellant, a Contractor of the Water Development Board at Rangpur, used to take loan from the complainant, that in connection with one of his works, the appellant requested the com..Category: Business or Commercial Law | Date: | Hits: 145
Azizul Hoque (Md) Vs. State, 1999, 28 CLC (AD)
....bmission that the accused-petitioner’s role was that of a bona fide act performed without mens rea. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 216. ......licity in the matter and he has been wrongly implicated. 10. It has been proved that the accused- petitioner obtained from Nurun Nahar Begum Taka 3,093.00 towards satisfaction of the agricultural loan taken by her husband. The accused-petitioner did not deposit the said money. In the view of the..Category: Anti-Corruption Laws | Date: | Hits: 73
Bangladesh Shilpa Rin Sangstha Vs. Azir Uddin Chowdhury, 1998, 27 CLC (AD)
....t all relevant considerations in such a matter. Consequently, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 96, 18 BLD (AD) 144.......and encourage and broaden the base of investment in Bangladesh. 3. The respondent is the Managing Director of Al-Helal Rice Mills Limited, which is financed by BSRS. BSRS sanctioned and disbursed loan in favour of the Rice Mills under different terms and conditions of loan agreement. Under the t..Category: Business or Commercial Law | Date: | Hits: 124
Chairman, Board of Investment and others Vs. Bay Trawling Limited and others, 1999, 28 CLC (AD)
.... interfere with the Judgment and order of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 79. ...... 115 The question of promissory estoppel may not arise in this case but in view of the fact that the project was approved earlier and under that approval respondent no. 1 acted after taking loans from the Government financial institutions and other banks, it now appears that the Governmen..Category: Business or Commercial Law | Date: | Hits: 91
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