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Oriental Bank Ltd. Vs. Federal Insurance Company Ltd., 2010, 39 CLC (HCD)

....Supreme Court High Court Division (Special Original Jurisdiction) Present: Syed Refaat Ahmed J The Oriental Bank Ltd., Principal Office represented by the Branch Manager 17 Motijheel Commercial Area, Dhaka, Head Office T.K. Bhaban (14th –16 Floor) Karwan Bazar, Dhaka,…………â......o order as to costs. Ed. This Case is also Reported in: ......er as to costs. Ed. This Case is also Reported in: ..

Category: Company Law | Date: | Hits: 203

Trade Channel Vs. Collector of Customs, Customs House Chitta­gong and others, 1990, 19 CLC (HCD)

....ts. Writ Petition No.41 of 1990. Judgment Fazle Hussain Mohammad Habibur Rahman J.-The petitioner M/s Trade Channel, a Proprietary Firm, represented by its proprietor Ali Ahmed of 92 Agrabad Commercial Area,PS Double Moorings, Chittagong prays for issuance of a Rule Nisi calling upon respon......mits that the petitioner having brought his cargo of rerolling scrap iron and meltable scrap iron on the basis of letters of credit dated 12.2.90, 11.10.89 and 4.2.90 opened through United Commercial Bank Ltd., Kadamtali Branch, Chitiagong and American Express Bank Ltd., Dhaka the petitioner acquire......that the petitioner having brought his cargo of rerolling scrap iron and meltable scrap iron on the basis of letters of credit dated 12.2.90, 11.10.89 and 4.2.90 opened through United Commercial Bank Ltd., Kadamtali Branch, Chitiagong and American Express Bank Ltd., Dhaka the petitioner acquired ves..

Category: Fiscal/Taxation Law | Date: | Hits: 131

Hussain Mohammad Ershad Vs. State, 1992, 21 CLC (HCD)

....of the High Court. We, having considered the matter find no substance in this application which is accordingly summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 116. ...... and the money amounting to Tk. 2.00 crores in cash were scatteredly found in those 25 trunks boxes under the clothes. These were folded therein and each of those bundles were tagged with a seal of a Bank and the names of the Banks were in those Bank seals and the seals were of the Bangladesh Bank, ......of the High Court. We, having considered the matter find no substance in this application which is accordingly summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 116. ..

Category: Criminal Law | Date: | Hits: 125

Muhammadullah and others Vs. Makbul Ahmed and State, 1991, 20 CLC (HCD)

....s and two others stating that the accused persons are the directors of M/s. Nahar Shipping Lines Ltd., a Public Ltd. Company with registered Head Office at Red Cross Chamber, 3rd floor, 87, Motijheel Commercial Area, Dhaka and the total share capital of that company is 124,00,000/=. The value of eac......ugned proceeding of the Petition Case No.345 A‑1/89 pending in the Court of Chief Metropolitan Magistrate, Dhaka is hereby quashed. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 107. ...... Ebadul Hoque J Muhammadullah and others………….Petitioners Vs. Makbul Ahmed and State………….Opposite Parties Judgment May 13, 1991. Cases Referred To- Asiatic Oxygen Ltd. AIR 1972 Cal 50; Harish Chandra Vs. Kavindra Narain Sina and others, AIR 1936 All (FB) 830. ..

Category: Criminal Law | Date: | Hits: 89

Abdus (Md) Subhan alias Md Abdus Subahan and another Vs. Abdul Maleque and others, 1991, 20 CLC (HCD)

.... Judgment Abdul Hasib J.- This Rule was issued calling upon the opposite parties to show cause why the judgment and decree dated 24.2.88 and 28.3.88 respectively, passed by Subordinate Judge and Commercial Court No.1, Dhaka, allowing the appeal in Title Appeal No.247 of 1985 and dismissing the ...... of the records from this Court. Send the LC records at once. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 94....... of the records from this Court. Send the LC records at once. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 94...

Category: Property Law | Date: | Hits: 72

MM Enterprise Limited Vs. General Certificate Officer, Collectorate Building, Comilla, 1992, 21 CLC (HCD)

....ed 11.12.88 are without lawful authority and are of no legal effect. The Rule is therefore made absolute without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 407.......under Article 102(2)(a)(ii) of the Constitution of the People's Republic of Bangladesh was issued upon the respondent General Certificate Officer, Collectorate Building, Comilla and Bangladesh Krishi Bank, Monoharpur Branch, Comilla calling upon them to show cause why the Certificate filed in Certif......n, Mr. Khandker has cited the decision on the case of Miah Mohammad Latif Vs. Province of West Pakistan, through the Deputy Commissioner, Khairpur and another reported in 22 DLR (SC) 98, Hannaco Lab. Ltd. Vs. General Certificate Officer and Bangladesh Shilpa Bank reported in 42 DLR 159. Chittagong E..

Category: Civil Law | Date: | Hits: 99

Tarique Rahman Vs. Government of Bangladesh, 2011, 40 CLC (AD)

....e Civil Petition which does not merit our consideration. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 185, 16 MLR (AD) (2011) 457. ...... to 31.05.2007; that the accused persons in collusion with each other having earned directly by illegal means an amount of Tk. 20,41,25,843/-deposited the same secretly in the Account No.158052, City Bank, Singapore and thereby committed the offence concealing the same; that the accused No.1 maintai......thers, 21 BLD (AD) 126; Ershad Ali Sikder (Md.) Vs. State, 56 DLR (AD) 87; Zenith Packages Limited Vs. Member Labour Appellate Tribunal Dhaka and others, 52 DLR (AD) 160; M/s. Thungabhadra Industries Ltd. Vs. The Government of Andra Pradesh, AIR 1964 S.C.1372; Ekushey Television Ltd. and another Vs...

Category: Civil Law | Date: | Hits: 238

AKM Mohinus Saleh & others Vs. State, 1992, 21 CLC (HCD)

....na was stayed. 2. The facts of the case stated, in short, are as follows: On 23.8.1978 at about 16.35 hours, one S. Jamal Hossain, General Manager (Admn.), Bangladesh Krishi Bank, 84, Motijheel Commercial Area, Dhaka lodged a written complaint with the Sub‑Divisional Magistrate (M), Magura s......ase No.1569 of 1991 (Dhaka). Judgment Habibur Rahman Khan J.- On an application under section 561A of the Code of Criminal Procedure filed by AKM Mohinus Saleh, the then Manager, Jessore Krishi Bank and thereafter a Senior Officer, Bangladesh Krishi Bank, Comilla and 2 others, a Rule was issue......stafa Anwar, the principal accused (now deceased) was reinstated in the said company with higher salary. Even the Investigating Officer after his retirement worked in the M/S, Prantil Engineering Co. Ltd. which is the sister organisation of Asadul Haque & Co. Limited, till his death as its Manag..

Category: Criminal Law | Date: | Hits: 80

Ansar Ali Khan Vs. Chief Election Commissioner and others, 1992, 21 CLC (HCD)

....r nomination as Chairman or member to contest the said election. On the ground stated above the application is summarily rejected. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 379. ......tion Commission to be on 7th December, 1991. Admittedly the petitioner was a defaulter in respect of payment of arrears of loan amounting to Taka 10,540.00 to the Mirzapur Branch of Bangladesh Krishi Bank till 7.12.91 and the petitioner paid the said amount i.e. Taka 10,540.00 to his loan Account No......r nomination as Chairman or member to contest the said election. On the ground stated above the application is summarily rejected. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 379. ..

Category: Election Law | Date: | Hits: 128

Fazlul Karim Vs. Agrani Bank, 1991, 20 CLC (HCD)

.... Decree No. 9 of 1986. Judgment Md. Ismailuddin Sarker J.- This appeal by the plaintiff‑appellant is against the judgment and decree dated 24.11.85 passed by the learned Subordinate Judge and Commercial Court No.1 Dhaka in Tide Suit No.43 of 1984 dismissing the suit. 2. The plaintiff‑ap......Court High Court Division (Civil Appellate Jurisdiction) Present: Mohammad Ismailuddin Sarker J Mohammad Badruzzaman J Fazlul Karim………………….Appellant Vs. Agrani Bank, represented by the Chairman, Board of Directors, Agrani Bank and ors…………………….R......he Agrani Bank was illegal, void and inoperative and that he remained in service in that post at the date of institution of the suit. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 375. ..

Category: Employment/Service Law | Date: | Hits: 71

Bangladesh Krishi Bank Vs. M/s. Dadajee Ice Plant and Cold storage Ltd. and others, 2010, 39 CLC (HCD)

....efendant company in terms of the agreement deposited 10% of L/C margin with Bangladesh Krishi Bank, Labonchora Branch and also opened L/C on 18.6.1985 in the Principal Office of Janata Bank, Dilkusha Commercial Area and thereafter, the plaintiff-Bank as per terms and conditions of the agreements tim......sain J.- I agree. This Case is also Reported in: ...... Present: Sheikh Abdul Awal M. Moazzam Husain Bangladesh Krishi Bank……........................................................Appellant Vs. M/s. Dadajee Ice Plant and Cold storage Ltd. and others……….........Respondents Judgment May 10, 2010. Lawyers Involved: M...

Category: Civil Law | Date: | Hits: 217

Md. Abdul Halim Vs. Dr. Mohammad Tareque and others, 2011, 40 CLC (HCD)

....er as to cost. The contemnor-respondent Nos.1 to 4 are exonerated from the charge brought against them. Communicate at once. M. Moazzam Husain J. - I agree. This Case is also Reported in: ......h did not empower him to function in the capacity of a banker. In that memorandum, it was mentioned that the institution would render social service to the public at large in terms of section 5(a) of Bank Companies Act, 1991. The petitioner and others made fixed deposit of crores of Taka with the re......er as to cost. The contemnor-respondent Nos.1 to 4 are exonerated from the charge brought against them. Communicate at once. M. Moazzam Husain J. - I agree. This Case is also Reported in: ..

Category: Employment/Service Law | Date: | Hits: 115

Law Dev (Bangladesh) Vs. Bangladesh and another, 2011, 40 CLC (HCD)

....on as the case involves a substantial question of law as to the interpretation of the Constitution. The certificate as prayed for is granted. Ed. This Case is also Reported in: 63 DLR (2011) 626.......; (c) fees and charges deposited under this Act; and (d) money received from any other source. (2) The amount of the Fund shall be main­tained in the name of the Commission in any Scheduled Bank determined by the Commission, and procedure for withdrawal of money from the Bank is to be spec......on as the case involves a substantial question of law as to the interpretation of the Constitution. The certificate as prayed for is granted. Ed. This Case is also Reported in: 63 DLR (2011) 626...

Category: Employment/Service Law | Date: | Hits: 92

AR Bhuiyan and Company Vs. Commissioner of Taxes, Dhaka (South) Zone, Dhaka, 1992, 21 CLC (HCD)

....xes under Income‑Tax Act. For the aforesaid discussion, we answer the question No.1 in the affirmative and against the assessee. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 347. ...... It showed net loss at Tk. 1,29,463.00 as per profit and loss account. The assessee showed gross income from house property at Tk. 2,57,990.00 and claimed deduction of TK. 1,37,500 paid to the Sonali Bank in liquidation of its debt. The assessing officer allowed claim as admissible deduction in comp...... Bhuiyan and Company....................Applicant Vs. Commissioner of Taxes, Dhaka (South) Zone, Dhaka...................Respondent Judgment March 18, 1992. Cases Referred To- Hylam Ltd., 87 ITR 310 (AP); Praga Tools Ltd. Vs. CIT 123 ITR (AP). Lawyers Involved: Fakir Abdul M..

Category: Fiscal/Taxation Law | Date: | Hits: 90

Dr. Syed Mahbubur Rahman Vs. Bangladesh University of Engineering and Techno­logy, 1991, 20 CLC (HCD)

....ind no illegality whatsoever in impugned orders and on the grounds stated above, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 333. ......uter Science and Engineering on 30th June, 1991 (Annexure D) and the petitioner on receipt of the said cheque amounting to Tk. 64.94 deposited the same in his account of the BUET Branch of the Sonali Bank on 6.7.91 (Annexure E). Some of the teachers of Respondent No.1 BUET somehow felt aggrieved by ......ind no illegality whatsoever in impugned orders and on the grounds stated above, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 333. ..

Category: Employment/Service Law | Date: | Hits: 155

Government of Bangla­desh and others Vs. Excellent Corporation, 2010, 39 CLC (AD)

.... without any order as to cost. The Judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 148, 16 MLR (AD) (2011) 433, 8 LG (AD) (2011) 190. ......ent LC was opened as to the C&F price payable in foreign currency amounting to US $ 28,71,750/-and in due course the contract was successfully completed and the coins were delivered to Bangladesh Bank and the payment in terms of the LC was duly received by FNMT. Thereafter, the writ-petitioner a...... without any order as to cost. The Judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 148, 16 MLR (AD) (2011) 433, 8 LG (AD) (2011) 190. ..

Category: Business or Commercial Law | Date: | Hits: 267

Mohiuddin Ahmed and others Vs. Lutfur Rahman and another, 1990, 19 CLC (HCD)

....the petitioner shall transfer and hand over all their movable and immovable properties which they were entitled to the Paper Converting and Packaging Ltd., Karim Chamber (Ground Floor), 99, Motijheel Commercial Area, Dhaka, M/s Monospool Paper Products Ltd., Corn Flour Mills Ltd. and the properties ......No.1 located at No.109, Hrishikesh Das Road, Dhaka including the machinery and components of the printing press named Jatiya Mudran owned by the petitioner No.1 released from the mortgage of Pubali Bank Ltd. (b) The petitioners will transfer all their shares in Paper Converting and Packaging Lt......€¦â€¦â€¦â€¦Respondents. Judgment May 31, 1990. Cases Referred to- Sirish Chandra Das Vs. Sri Sri Chhatteswari Debi Bigraha, 38 DLR (AD) 283; AR Shaw Vs. The Diamond Rock Boring Company Ltd., 1877 QB Division (Vol. 11) 463; United Planters and Traders Ltd. Vs. Md. Mosharraf Hossain Kha..

Category: Company Law | Date: | Hits: 159

Amin Mia (Md.) Vs. Nazir Ahmed and another, 2008, 37 CLC (AD)

....on correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 136, 19 BLT (AD) (2011)137. ......his wife the informant agreed to help the business of the accused and accordingly the informant gave cheques of Tk. 38,00,000 to the accused on different dates and those cheques are related to Sonali Bank, Mohammadpur Branch. The accused Md. Nazir Ahmed accepted the cheques by signing the coun­terf......on correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 136, 19 BLT (AD) (2011)137. ..

Category: Criminal Law | Date: | Hits: 89

Nurul Islam & others Vs. Noor Mohammad, 1991, 20 CLC (HCD)

....der as to costs. The Court below is directed to dispose of the suits in accordance with law in the light of the observation made above. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 29......................... petitioner Vs. Noor Mohammad……………………Opposite Party Judgment February 6, 1991. Case Referred to- M/s Ayat Ali Bhuiyan and Company Ltd. Vs. Janata Bank, 40 DLR 56. Lawyers Involved: Abdus Salam Khan, Advocate‑For the Petitioner. Aftab H......& others ..................... petitioner Vs. Noor Mohammad……………………Opposite Party Judgment February 6, 1991. Case Referred to- M/s Ayat Ali Bhuiyan and Company Ltd. Vs. Janata Bank, 40 DLR 56. Lawyers Involved: Abdus Salam Khan, Advocate‑For the Petiti..

Category: Procedural Law | Date: | Hits: 51

Bangladesh Mukti Judda Kallyan Trust Vs. Nurul Hossain and others, 1990, 19 CLC (HCD)

....ompliance to the Court of Subordinate Judge concerned within 16 days of the receipt of this order. Communicate this order at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 22. ......ompliance to the Court of Subordinate Judge concerned within 16 days of the receipt of this order. Communicate this order at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 22. ......e purchase of the schedule property in the suit, he being the highest tenderer, is accepted and he was further advised to deposit tender amount by bank draft in favour of the Jute Trading Corporation Ltd. within 15 days. The plaintiff submitted a demand draft being No.811570 dated 28.5.81 addressing..

Category: Property Law | Date: | Hits: 389