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H.B.M. Iqbal Vs. Md. Shirajul Islam and others, 2009, 38 CLC (AD)

.... (iii) not to sell any cement or any prop­erty of the respondent No.3 company without following of association, (iv) not to deposit the proceeds of any prod­ucts of the company into the any bank account other than the accounts opened following the provisions of memoran­dum and articl...... (Civil) Present: MM Ruhul Amin CJ Md. Abdul Matin J Md. Abdul Aziz J H.B.M. Iqbal .........................Petitioner Vs. Md. Shirajul Islam and others ....................Respondents Judgment April 12, 2009. Lawyers I......17. We find no illegality in the order calling for interference by this court and accordingly the leave petition is dis­missed. Ed. This Case is also Reported in: VI ADC (2009) 565. ..

Category: Business or Commercial Law | Date: | Hits: 193

City Bank Limited Vs. Judge, Artha Rin Adalat, Barisal and others, 2009, 38 CLC (AD)

....itioner is also not a guarantor against the loans so taken and so the petitioner is not a necessary party in the above suit and further in the above suit it is not an issue as to in favour of which bank the respondent No. 3 mortgaged the land in question as security and if mortgaged when and the ......am J Md. Joynul Abedin J The City Bank Limited…………………..................Petitioner Vs. Judge, Artha Rin Adalat, Barisal and others….......Respondents Judgment January 25, 2009. Lawyers Involv......here is no illegali­ty or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 563. ..

Category: Civil Law | Date: | Hits: 102

Shahadat Hossain Mina and others Vs. Governor, Bangladesh Bank and others, 2008, 37 CLC (AD)

....is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 554, 19 BLT (AD) (2011) 158........ Md.Enamul Hoque Mollah........Petitioner (In Civil Petition No.1089 of 2007) 4. Champak Kumar Biswas….........Petitioner (In Civil Petition No.1090 of 2007) Vs. Governor, Bangladesh Bank and others……....Respondents (In all the cases) Judgment October 22, 2008. Cases Referre......is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 554, 19 BLT (AD) (2011) 158...

Category: Criminal Law | Date: | Hits: 78

Sonali Bank Limited Vs. Md. Abdul Aziz and another, 2009, 38 CLC (AD)

....ssed the materials on record and the impugned judgment and order is in accordance with law. Thus we do not find any substance in the submission of the learned Advocate appearing for the petitioner bank and therefore the application do not merit any consideration. Accordingly the applicati...... Md. Joynul Abedin J Shah Abu Nayeem Mominur Rahman J Sonali Bank Limited represent­ed by its Managing Director & another....Petitioners Vs. Md. Abdul Aziz and another…………………………..............k and therefore the application do not merit any consideration. Accordingly the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 541. ..

Category: Administrative Law | Date: | Hits: 166

Janata Bank Vs. Mr. Fazlul Hoq and another, 2008, 37 CLC (AD)

....erials on record. We find no infirmity in the judgment of the Administrative Appellate Tribunal. The petition is dismissed. This Case is also Reported in: 14 MLR (AD) (2009) 217. ......e Division (Civil) Present: MM Ruhul Amin CJ Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Janata Bank, represented by its Chairman, and another....Petitioners Vs. Mr. Fazlul Hoq and another...................................erials on record. We find no infirmity in the judgment of the Administrative Appellate Tribunal. The petition is dismissed. This Case is also Reported in: 14 MLR (AD) (2009) 217. ..

Category: Administrative Law | Date: | Hits: 175

Bangladesh Krishi Bank Vs. Md. Saidul Haque, 2008, 37 CLC (AD)

....ision and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 298. ......ppellate Division (Civil)ar Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Abdul Matin J Bangladesh Krishi Bank, represented by the Managing Director and others……….Petitioners Vs. Md. Saidul Haque...................Respondent Judgment ......ision and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 298. ..

Category: Administrative Law | Date: | Hits: 189

Commissioner of Customs Vs. Cab Express (BD) Limited and others, 2008, 37 CLC (AD)

....6.3.1999 which was in force at the time of opening of the letters of credit and directed to release the taxicabs within one month from the date of receipt of the order and further directing that the bank guarantee furnished by the respondents are liable to be released and the writ-respondents are a......in CJ Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Abdul Matin J Commissioner of Customs, Customs House, Benapole, Jessore...........Petitioner Vs. Cab Express (BD) Limited and others…..........................Respondents Judgment December 4, 2008. Result: ......mission of the learned Advocate for the petitioners. The petitions are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 294; 64 DLR (AD) (2012) 100; 20 BLT (AD) (2012) 60. ..

Category: Fiscal/Taxation Law | Date: | Hits: 72

M/s. IBTA Bangladesh (Pvt.) Ltd. Vs. Bangladesh, 2007, 36 CLC (AD)

....allenged legality of the judgment and decree (in preliminary form) dated July 19, 2003 passed in Title Suit No. 2 of 2002 by the Artha Rin Adalat-3, Dhaka. The aforesaid title suit was filed by the bank, respondent No.6 in the writ petition, for realization the loan amount with interest. The sui......nt: Md. Ruhul Amin CJ M.M. Ruhul Amin J Md. Hassan Ameen J M/s. IBTA Bangladesh (Pvt.) Ltd. represented by its Managing Director, house No. 25/B, Road No. 9/A, Dhanmondi, Dhaka and another.............Petitioners Vs. Government of the People's Republic of Bangladesh,......, since reasonings assigned in rejecting the writ petition do not suffer from legal infirmity. Accordingly, the petition is dismissed.  Ed. This Case is also Reported in: ..

Category: Civil Law | Date: | Hits: 98

Karuna Enterprise Vs. Joint District Judge, Artha-Rin-Adalat, Narayangonj & Ors., 2007, 36 CLC (AD)

....bsp; 2. The suit was filed for realization of an amount of Tk.43,07,567/- as on April 28,1999 stating, inter alia, that the defendants purchased fertilizer with the money borrowed from the bank and that they failed to take delivery of pledged goods inspite of request and consequent ther......una Enterprise, represented by its Proprietor A. K. M. Kutubuddin Khan……………Petitioner  Vs. Joint District Judge, Artha-Rin-Adalat, Narayangonj and others………Respondents Judgment May 10, 2007. Lawyers In......sion has committed no error of law in its judgment calling for interference by this Division.  Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ..

Category: Civil Law | Date: | Hits: 91

Md. Nasir Uddin Vs. State, 2007, 36 CLC (AD)

....o. 2 drawn on Janata Bank, Nagar Bhaban Corporate Branch, Dhaka being current Account No. 11221, Cheque No. 7450127. The complainant-respondent No.2 pre­sented the said cheque in the aforesaid bank for encashment on 11-09-2005 but the said cheque was dishonoured with a remark "insuffici...... Md. Abdul Matin J Md. Nasir Uddin………………….... Petitioner Vs. The State, repre­sented by the Deputy Commissioner, Dhaka and another .......Respondents Judgment September 27, 2007. Lawyers Involved: ......that the submissions of the learned Advocate for the petitioner have got no merit and accordingly the same is dis­missed. Ed. This Case is also Reported in: VI ADC (2009) 534. ..

Category: Criminal Law | Date: | Hits: 40

M/S Yellow Pages (Pvt.) Ltd. Vs. M/S Business Data Information Ltd. and another, 2008, 37 CLC (AD)

....hy;ferent headings for example under the heading Doctors, Engineering houses, TT houses, shops selling, jewelry, cosmetics, computers, furniture, restaurants, hotels, tourist guides, insurance and bank etc. In view of the descriptive characters of vari­ous words, the legislature has made tho...... Md. Tafazzul Islam J Md. Joynul Abedin J M/S Yellow Pages (Pvt.) Ltd.............................................Petitioner Vs M/S Business Data Information Ltd. and another…...........Respondents Judgment December 4, 2008. Lawyers I......dgment. A review is by no means rehearing of the original matter. Accordingly, the review petition is dis­missed. Ed. This Case is also Reported in: VI ADC (2009) 505. ..

Category: Intellectual Property Law | Date: | Hits: 329

State Vs. Nuru Mira, 1993, 22 CLC (AD)

....rmant's eldest son, Amjad Ali shouting that they would finish him. At this Amjad stalled running away in the direction of his other house at village West Angaria. He was running along the northern bank of Mollakhali Khal being hot-pursued by these three accused persons. Some local people includi......Appellant. A. K. Badrul Huq, Advocate, Supreme Court, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Respondent. Criminal Appeal No. 8 of 1990. (From the Judgment and Order dated 9-1-1986 passed by the High Court Division, Barisal Sessions, Barisal in Criminal A......espondent accused Nuru Mira is directed to surrender to his bail bond and to serve out the unexposed period of his sen­tence. Ed. This Case is also Reported in: II ADC (2005) 867. ..

Category: Criminal Law | Date: | Hits: 44

Munshi Md. Rashed Kamal Vs. Abdus Salam and anoth­er, 2005, 34 CLC (AD)

....therefore, the appellant repeatedly requested him for reimbursement of the money and accordingly the respondent No. 1 on 18.06.2000 issued a cheque of Tk. 10 lacs and the same was deposited in the bank which has been returned to the appellant on 20.08.2000 due to insufficient fund and the cheque......riminal) Present: Syed JR Mudassir Husain C J MA Aziz J Amirul Kabir Chowdhury J Munshi Md. Rashed Kamal.............Appellant Vs. Abdus Salam and anoth­er................Respondents Judgment January 10, 2005. Case ...... The appeal is, therefore, allowed. The impugned judgment and order dated 10.3.2002 of the High Court Division is set aside. Ed. This Case is also Reported in: II ADC (2005) 798. ..

Category: Criminal Law | Date: | Hits: 42

Samarendra Nath Das (Nalu) and others Vs. Md. Atique and others, 2007, 36 CLC (AD)

....for the purpose of business with a condi­tion that they will return the amount with profit to be paid to the complainant; a cheque was issued by the petitioners and that has been refused by the bank on the ground of insufficient fund. The peti­tioners deceived the complainant and subseque...... Supreme Court Appellate Division (Criminal) Present: Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Hassan Ameen J Samarendra Nath Das (Nalu) and others ………………Petitioners Vs. Md. Atique ......of the above, we find no reason to differ with the High Court Division. Accordingly, the petition is dismissed without costs. Ed. This Case is also Reported in: VI ADC (2009) 436. ..

Category: Criminal Law | Date: | Hits: 41

Jamil Ahmed Khan Vs. Md. Delwar Hossain and another, 2009, 38 CLC (AD)

....ijheel. The com­plainant respondent presented the said cheque before the Rupali Bank Ltd. Foreign Exchange Branch, Dhaka on 02.08.1998 for encashment, but the same was returned by the concerned bank on 03.08.1998. Subsequently the said cheque was presented before the same bank on 27.08.1998 ......inur Rahman J Md. Abdul Aziz J Jamil Ahmed Khan……………………………..Petitioner Vs Md. Delwar Hossain and another……………......Respondents Judgment April 21......opolitan Magistrate, Dhaka to the satisfaction of the Chief Metropolitan Magistrate, Dhaka till dis­posal of the appeal. Ed. This Case is also Reported in: VI ADC (2009) 429. ..

Category: Criminal Law | Date: | Hits: 50

Dhaka Bank Limited Vs. Monir Hossain and others, 2008, 37 CLC (AD)

....s of the case, in short, are that the plaintiff-appellant is a Banking Company incorporated under the Companies Act, 1994 having its Head Office at the address given at the cause title. It carries on banking business through its various branches including Jubilee Road Branch at Liberty Tower, 183 Ju...... CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Dhaka Bank Limited…………………………………..Appellant Vs.  Monir Hossain and others………….........Respondents  Judgment August 25, 2008. Lawyers Involved: ......Court as secu­rity against the decree that may be passed till final decision of the suit."  Accordingly, the appeal is disposed of. Ed.  This Case is also Reported in: VI ADC (2009) 402. ..

Category: Business or Commercial Law | Date: | Hits: 142

Kazi Abdul Hoque Vs. Md. Baharuddin and others, 2008, 37 CLC (AD)

....ssions of the learned Advocate for the petitioner have got no merit and accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 370. ......ul Abedin J Md. Hassan Ameen J Md. Abdul Matin J Kazi Abdul Hoque……………………..Petitioner Vs Md. Baharuddin and others ........Respondents Judgment May 15, 2008. Lawyers Involved: ......ssions of the learned Advocate for the petitioner have got no merit and accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 370. ..

Category: Property Law | Date: | Hits: 28

City Bank Limited Vs. M/s. Oscar Fashionwear Ltd. and others, 2008, 37 CLC (AD)

....ent and decree dated 30.10.1991 of the learned Subordinate Judge (now Joint District) and 1st Commercial Court, Chittagong, in Money Suit No.78 of 1989 dismissing the suit. 2. The petitioner bank, as plaintiffs, filed the aforesaid Money Suit No.78 of 1989 for recovery of Tk.93,70,413.47 f......zul Islam J Md. Joynul Abedin J Md. Abdul Matin J The City Bank Limited……….......................Petitioner Vs M/s. Oscar Fashionwear Ltd. and others……….........Respondents Judgment July 20, 2008. ...... no illegality or infir­mity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 366. ..

Category: Civil Law | Date: | Hits: 106

Md. Nurul Islam Sarker Vs. Deputy Commissioner, Gazipur and others, 2002, 31 CLC (AD)

....ed without lawful authority and is of no legal effect. The Respondents are to pay Tk. 10,000/- (Ten thousand) as cost of this appeal. Ed. This Case is also Reported in: II ADC (2005) 643. ......Division (Civil) Present: Mahmudul Amin Choudhury CJ Md. Ruhul Amin J Abu Syeed Ahammed J Md. Nurul Islam Sarker.........Appellant Vs. The Deputy Commissioner, Gazipur and others…......Respondents Judgment May 14, 2002. Result: The Appeal is allowed. ......ed without lawful authority and is of no legal effect. The Respondents are to pay Tk. 10,000/- (Ten thousand) as cost of this appeal. Ed. This Case is also Reported in: II ADC (2005) 643. ..

Category: Civil Law | Date: | Hits: 128

Sonali Bank Vs. Quaderia Publications and Products Limited and others, 2002, 31 CLC (AD)

....ven by mortgaged land and building, hypothecation of machineries and the personal guarantees of directors. 3. In the meantime, Bangladesh Bank issued a memo dated 7.10.1991 directing all the banks to allow waiver of 75% of general interest and 100% penal interest where no suit has been fil...... Md. Ruhul Amin J K.M. Hasan J Sonali Bank……………………………Petitioner Vs. Quaderia Publications and Products Limited and others……………Respondents Judgment ......gality in the judgment of the High Court Division calling for our interference. The leave petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 148. ..

Category: Banking Law | Date: | Hits: 100