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Arch Limited and others Vs. Zillur Rahman Chowdhury and others, 2006, 35 CLC (AD)
....the materials on record arrived at a correct decision and there is no cogent reason to interfere with the same. Both the leave petitions are dismissed. Ed. This Case is also Reported in: ...... Mr. Zillur Rahman Chowdhury, 2. Mr. Md. Mojibur Rahman, 3. Mr. Shafiur Rahman and 4. Mr. Shamsul Hoque with 5000 shares out of 20,000.shares. 5. In order to enjoy loan facilities from the Agrani Bank, which sanctioned a project loan of Tk. 4, 61, 66, 0007- on 1st July, 1994 on condition that th...... ......the materials on record arrived at a correct decision and there is no cogent reason to interfere with the same. Both the leave petitions are dismissed. Ed. This Case is also Reported in: ..Category: Business or Commercial Law | Date: | Hits: 109
Messrs Al-Haj Oil Mills Ltd. Vs. Wilmer Trading (Pvt.) Ltd. & Ors., 2006, 35 CLC (AD)
....ended with as prayed for. Status-quo granted earlier be further extended till disposal of the appeal. The appeal is fixed on 6th November 2006 in the list at the top. Ed. ......endant No.2 and that the plaintiff with a view to import 3000 metric tons of Crude Palm Oline opened a letter of credit on 4 May 2003 initially for 25 metric tons of Crude Palm Olin through Janata Bank, Lal Dighi Corporate Branch, Chittagong and that the plaintiff thereafter amended the said let......ended with as prayed for. Status-quo granted earlier be further extended till disposal of the appeal. The appeal is fixed on 6th November 2006 in the list at the top. Ed. ......ended with as prayed for. Status-quo granted earlier be further extended till disposal of the appeal. The appeal is fixed on 6th November 2006 in the list at the top. Ed. ..Category: Business or Commercial Law | Date: | Hits: 121
Bangladesh Bank Vs. Sk. Abul Hossain and others, 2007, 36 CLC (AD)
.... correct principle of law as applicable in the present case, arrived at a correct decision and there is no cogent reason to interfere with the same. The petition is dismissed. Ed. ......same. The petition is dismissed. Ed. ...... Present: Md Ruhul Amin J Md Tafazzul Islam J Bangladesh Bank……………………………....Petitioner Vs. Sk. Abul Hossain and others .................Respondents Judgment May 2, ...... correct principle of law as applicable in the present case, arrived at a correct decision and there is no cogent reason to interfere with the same. The petition is dismissed. Ed. ..Category: Business or Commercial Law | Date: | Hits: 99
Bangladesh Agricultural Development Corporation Vs. Artha Rin Adalat and ors., 2006, 35 CLC (AD)
....n the judgment and decree dated 7-11-1999 passed by the learned Subordinate Judge, Artha Rin Adalat No.2, Dhaka in Money Suit No. 109 of 1998. 4. The facts, in brief, are that the respondent No. 2 Pubali Bank Limited, Motijheel Branch, Dhaka instituted Money Suit No. 109 of 1998 against the ......r filing appeal against the judgment and decree of the Artha Rin Adalat, without availing the aforesaid remedy, writ petitions cannot be maintained. Cases Referred to- Zahirul Islam vs National Bank Ltd. and others, 46 DLR (AD) 191; Gazi M Towfie vs. Agrani Bank and others, 54 DLR (AD) 6. L......Appellate Division (Civil) Present: Syed JR Mudassir Husain CJ MM Ruhul Amin J A Kabir Chowdhury J Bangladesh Agricultural Development Corporation (BADC)..............Petitioner Vs. Artha Rin Adalat and others ...............Respondents Judgment June 29, 2006. Resu......f 2004 has been filed at the instance of the writ petitioner-Bangladesh Agricultural Development Corporation (BADC) 49-51. Krishi Bhaban, Dilkusha Commercial Area, Motijheel, Dhaka represented by the Chairman against the judgment and order dated 20-3-2004 passed by a Division Bench of the High Court..Category: Business or Commercial Law | Date: | Hits: 135
Abdul Mohit and others Vs. Social Investment Bank Ltd & ors., 2008, 37 CLC (AD)
....terference with the impugned order. These appeals are accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 82. ................Appellants (In Civil Appeal No. 93 of 2002). Major (Retd) Dr. Rezaul Haque & ors.................Appellants (In Civil Appeal No. 94 of 2002). Vs. Social Investment Bank Ltd & ors........................Respondents (In both the appeals). Judgment ......s ....................................Appellants (In Civil Appeal No. 93 of 2002). Major (Retd) Dr. Rezaul Haque & ors.................Appellants (In Civil Appeal No. 94 of 2002). Vs. Social Investment Bank Ltd & ors........................Respondents (In both the app......ny notice to the appellants. The appellants, however, managed to obtain copies of the said notices (Annexures-H and I). Despite the Court's order of stay, the Bank at the initiative of its present Chairman illegally called 64th Board Meeting on 8.7.2001 (Annexure-J) and in that meeting a resolut..Category: Business or Commercial Law | Date: | Hits: 147
Amin Scales Limited and another Vs. Md. Yakub, 1987, 16 CLC (AD)
....her proceeding to meet the ends of justice. We do not find any ground to interfere with either of these two orders. The appeals are dismissed without however any order as to costs. Ed. ...... and B) as referred to above, were signed by the managing director on behalf of the company. In their plaint they explained that under an unofficial arrangement with the Manager of the Sonali Bank, Malibagh Branch, in which both the company and the respondent-petitioner had Accounts, tempor......ed J M. H. Rahman J A.T. M. Afzal J. Amin Scales Limited and another……………………..Appellants (In both the appeals) Vs. Md. Yakub………………………&hellip......her proceeding to meet the ends of justice. We do not find any ground to interfere with either of these two orders. The appeals are dismissed without however any order as to costs. Ed. ..Category: Business or Commercial Law | Date: | Hits: 76
Dira Dockyard & Engineers Ltd. & ors Vs.Bangladesh Shilpa Rin Sangstha & ors, 1987, 16 CLC (AD)
....in Article 33 of the Order. For the reasons stated above, we are of the view that the appeal must fail. It is accordingly dismissed but there will, however, be no order as to costs. Ed. ......ilpa Rin Sangstha & others…………Respondent Judgment July 14, 1986. Cases Referred To- Ocean Industries Ltd. Vs. Industrial Development Bank. (1966) 18 DLR (SC) 354; PLD 1966 SC 1938. Lawyers Involved: Syed Ishtiaq Ahmed......J Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Present: Dira Dockyard and Engineers Ltd. and others.... Appellants Vs. Bangladesh Shilpa Rin Sangstha & others…………Respondent ......in Article 33 of the Order. For the reasons stated above, we are of the view that the appeal must fail. It is accordingly dismissed but there will, however, be no order as to costs. Ed. ..Category: Business or Commercial Law | Date: | Hits: 100
Jabed Ali Sarker Vs. Dr. Sultan Ahmed and another, 1975, 4 CLC (AD)
....question of fact and since this has been decided by the Courts below, we find no substance in the contention of the learned Counsel. This appeal is accordingly dismissed with cost. ...... said transferor delivered the share Certified at the time of execution of the deed of transfer to the respondent No. 1 by giving a letter of authority m favour of his younger brother to the State Bank of Pakistan. 3. The appellant claimed to have purchased the said 520 shares in responde......v respondent No. 1 we find consideration as to whether the burden of proof on the charge of forgery have been duly discharged. 12. It has been held in the case of Abdul Majid and others Vs. Khaiil Ahmed, reported in P.L.D. 1955 F.C. 38 that "the High Court has no jurisdiction to......question of fact and since this has been decided by the Courts below, we find no substance in the contention of the learned Counsel. This appeal is accordingly dismissed with cost. ..Category: Business or Commercial Law | Date: | Hits: 113
Bangladesh Bank Vs. Debendra Nath Dutta, 1981, 10 CLC (AD)
....view of the above, the appeal is allowed, the decision of the Appellate Beach is set aside and that of the company Judge restored. However, there will be no order as to costs. Ed. ......late Division (Civil) Present: Kemaluddin Hossain CJ Fazle Munim J Badrul Haider Chowdhury J Shahabuddin Ahmed J Bangladesh Bank .................................Appellant Vs. Debendra Nath Dutta …&hel......aluddin Hossain CJ Fazle Munim J Badrul Haider Chowdhury J Shahabuddin Ahmed J Bangladesh Bank .................................Appellant Vs. Debendra Nath Dutta ……………………...........view of the above, the appeal is allowed, the decision of the Appellate Beach is set aside and that of the company Judge restored. However, there will be no order as to costs. Ed. ..Category: Business or Commercial Law | Date: | Hits: 101
A.S.A. Nur Vs. Registrar of Joint Stock Companies, Dacca, 1981, 10 CLC (AD)
....ge and the Division Bench are set aside. The case is remitted back to the Company Judge for disposal of the matter in accordance with law. There will be no order as to costs. Ed. ......ge and the Division Bench are set aside. The case is remitted back to the Company Judge for disposal of the matter in accordance with law. There will be no order as to costs. Ed. ......ip;…………………………………………………………..Appellant. Vs. Registrar of Joint Stock Companies, Dacca………………......egistrar of Joint Stock Companies of Bangladesh. (d) As required by the Companies Act for the formation of a Private Limited Company, there were two subscribers Dr. Habibur Rahman, Chairman, Petro Bangla and Mr. S A. Azim, Director, Petro Bangla to the Memorandum and Articles of..Category: Business or Commercial Law | Date: | Hits: 107
Bengal Water Ways Ltd. and other Vs. Rahimuddin Ahmed and others, 1982, 11 CLC (AD)
....private limited Company more or less as a partnership. With these words I concur with the judgment delivered by my learned brother Masud, J. and dismiss the appeal with costs. Ed. ......private limited Company more or less as a partnership. With these words I concur with the judgment delivered by my learned brother Masud, J. and dismiss the appeal with costs. Ed. ...... Present: Kemaluddin Hossain C.J Chowdhury A. T. M Masud J A.F.M. Abdur Rahman Chowdhury J Bengal Water Ways Ltd. and other.................Appellants Vs. Rahimuddin Ahmed and others…………………&helli...... right to vote. The said three brothers held equal number of 'A3 class shares i.e. 2200 shares whereas their mother Mrs. Zohura Khatun held 6400 ‘B’ class shares. Alauddin Ahmed was the Chairman, Rahimuddin Ahmed was the Managing Director and Zahiruddin Ahmed was the Operating Directo..Category: Business or Commercial Law | Date: | Hits: 110
Popular Biscuit Ltd Vs. Biximco Bremer Export Contor Brand, Repprecht Gmbh & ors, 2006, 35 CLC (AD)
.... Court Division in staying the suit can not be sustained. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 743. ...... Court Division in staying the suit can not be sustained. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 743. ......ivil) Present: Md. Ruhul Amin J M.M. Ruhul Amin J Md. Tafazzul Islam J Popular Biscuit Limited...........................................Appellant Vs. Biximco Bremer Export Contor Brand, Repprecht Gmbh and others.................. Respon...... Court Division in staying the suit can not be sustained. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 743. ..Category: Business or Commercial Law | Date: | Hits: 94
Bangladesh Agricultural Development Corporation Vs. Kibria and Associates Ltd., 1994, 23 CLC (AD)
....ree as the power to grant interest after passing of the decree vests exclusively in the court under section 29 of the Act. Ed. This case is also reported in: 46 DLR (AD) (1994) 97 ......f Orissa Vs. Lalchand Kapani, AIR 1993, (SC) 2464 and State of Orissa Vs. BN Agarwalla, AIR 1993, (SC) 2521; Md. Eunus Vs. University of Chittagong, 44 DLR (AD) 296; Kamaphuli Works Ltd. Vs. Sonali Bank 46 DLR (AD) 55; KM Shafi Ltd. Vs. Government of Bangladesh, (1983) BLD (AD) Page 109; Chamsey ......Afzal J Mustafa Kamal J Latifur Rahman J. Bangladesh Agricultural Development Corporation (BADC), represented by its Secretary ....... Appellant (In both the appeals) Vs. Kibria and Associates Ltd. represented by its Managing Director Syed Golam Kibria ...........e respondents submitted three more Bills Nos. 2, 3 and 4 claiming thereunder their dues for some Non‑Tender items of work, which they had admittedly done by verbal instructions of the BADC' s Chairman. The claim under these four Bills was Taka 24,51,570.00 and upon this amount they claimed ..Category: Business or Commercial Law | Date: | Hits: 98
Sonali Bank Vs. Karnaphuli Works Ltd., 1993, 22 CLC (AD)
....ation as per the existing bank rate when the sum due to the plaintiff was ascertainable by the Court after hearing the parties. Ed. This case is also reported in: 46 DLR (AD) (1994) 55. ...... DLR (AD) (1994) 55. ...... Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Sonali Bank...............Defendant-Appellant Vs. Karnaphuli Works Ltd................. Plaintiff-Respondent Judgment November 29, 199......ation as per the existing bank rate when the sum due to the plaintiff was ascertainable by the Court after hearing the parties. Ed. This case is also reported in: 46 DLR (AD) (1994) 55. ..Category: Business or Commercial Law | Date: | Hits: 128
Kader Textiles (Pvt) Ltd. and another Vs. Md. Lehajuddin Miah, and others, 2006, 35 CLC (AD)
....ection 233 of the Company law and thus in passing the impugned judgment and order. Therefore, we do not find merits in this leave petition. Accordingly, this leave petition is dismissed. Ed. ......rsonal guarantee in favour of the bank and the respondent No. 4 and his wife mortgaged their properties to secure repayment of the loan taken by the respondent company. In the meantime, the Agrani Bank filed Title Suit No. 8 of 1992 in the Court of the Subordinate Judge and Artha Rin Court No. 1......Civil) Present: M Reza Chowdhury CJ Syed JR Mudassir Husain J Abu Sayeed Ahammed J Kader Textiles (Pvt) Ltd. and another................Petitioners Vs. Md. Lehajuddin Miah, and others.......................Respondents Judgment ......clamour for profit, made on behalf of the substituted petitioners and the respondent No. 4 for the last 20 (twenty) years or so, it will be proper that a board meeting shall be called under the Chairmanship of a neutral person who will hold the board meeting with all 3 (three) directors, the..Category: Business or Commercial Law | Date: | Hits: 86
Government of Bangladesh Vs. Amora Holding Inc. Panama and other, 2006, 35 CLC (AD)
.... not sustainable in law and the same is accordingly, set aside and accordingly, the Rule is recalled. In the result, the appeal is allowed without any order as to costs. Ed. ......arim J.- This appeal by leave arose out of impugned judgment and order of the High Court Division dated 10-6-1998 making the rule absolute in Writ petition 1515 of 1998 and directing return of the Bank guarantee furnished by the writ-petitioner and the sale proceed of the confiscated vessel and ......ry J Government of Bangladesh represented by the Secretary (IRD) and Chairman, NBR, Ministry of Finance, Internal Resources Division and anr.........................Appellants Vs. Amora Holding Inc. Panama and other............................Respondents Judg......ivil) Present: Syed JR Mudassir Husain CJ Md. Fazlul Karim J Amirul Kabir Chowdhury J Government of Bangladesh represented by the Secretary (IRD) and Chairman, NBR, Ministry of Finance, Internal Resources Division and anr.........................App..Category: Business or Commercial Law | Date: | Hits: 96
Sonali Bank Vs. United Commercial Bank Ltd. and others, 1992, 21 CLC (AD)
....s which were lying with respondent No. 1 against the outstanding liabilities of the judgment‑debtor No. 2 were sold and the share certificates were delivered to the purchasers. Ed. ......asers. Ed. ......nt: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Sonali Bank .........................................................Plaintiff-Appellant Vs. United Commercial Bank Ltd. and others................ Defendant-Respondents Judg......s which were lying with respondent No. 1 against the outstanding liabilities of the judgment‑debtor No. 2 were sold and the share certificates were delivered to the purchasers. Ed. ..Category: Business or Commercial Law | Date: | Hits: 124
Sonali Bank and others Vs. Gazi Abdur Rashid and others, 1992, 21 CLC (AD)
....not allowed but we allow interest on the decretal sum of Tk. 15,39,300.00 @ 7.1/2% per annum from the date of the institution of the suit upto the date of decree of this Court. Ed. ...... Supreme Court Appellate Division (Civil) Present: MH Rahman J Mustafa Kamal J Latifur Rahman J Sonali Bank and others ......................................Appellants Vs. Gazi...... Present: MH Rahman J Mustafa Kamal J Latifur Rahman J Sonali Bank and others ......................................Appellants Vs. Gazi Abdur Rashid and others ............................Respondents ......not allowed but we allow interest on the decretal sum of Tk. 15,39,300.00 @ 7.1/2% per annum from the date of the institution of the suit upto the date of decree of this Court. Ed. ..Category: Business or Commercial Law | Date: | Hits: 99
Guiness Peat (Trading) Limited Vs. Md. Fazlur Rahman, 1992, 21 CLC (AD)
....thin the jurisdiction of the court where the plaint was filed. We find no good ground to interfere with the concurrent order of the courts below. The appeal is dismissed with costs. Ed. ......th March, 1982 to sell 150 metric tons of skimmed milk of Hungarian origin as per specifications. After accepting the offer the plaintiff opened on 12th March, 1982 a Letter of Credit with Rupali Bank, Dilkusha Branch, Dhaka. The defendant by submitting documents against the Letter of Credit re......MH Rahman J ATM Afzal J Mustafa Kamal J and Latifur Rahman J Guiness Peat (Trading) Limited ………………..Appellant Vs. Md. Fazlur Rahman. ................ Respondents Judgment January 29th, 199......thin the jurisdiction of the court where the plaint was filed. We find no good ground to interfere with the concurrent order of the courts below. The appeal is dismissed with costs. Ed. ..Category: Business or Commercial Law | Date: | Hits: 124
Government of Bangladesh Vs. Anis and Co. and others, 1991, 20 CLC (AD)
....peals are dismissed without any order as to costs. Order of the Court By majority decision the appeals are allowed without cost. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 65. ...... for "cash against documents" and M/s Nidera sold the same to M/s MA Baker of Chittagong against irrevocable Letter of Credit in favour of M/s Nidera opened by the said M/s MA Baker through Grindlays Bank, Chittagong. The said Cement was loaded from the Port Umm Qasr, Iraq from 14.7.90 onwards on bo....... ......en by my learned brothers ATM Afzal and Latifur Rahman, JJ. I agree with the decision of brother ATM Afzal J. ATM Afzal J.- These two appeals by leave CA 22/91 by the Collector of Customs and the Chairman, Board of Revenue, and CA 23/91 by the two auction‑purchasers, arise out of the same judg..Category: Business or Commercial Law | Date: | Hits: 130
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