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Kadam Rosul Silicate Works and others Vs. Sonali Bank, 1990, 19 CLC (AD)
....is set aside. The Money Execution case be struck off and the attachment of the appellants' property shall be deemed to be withdrawn. Ed. This case is also reported in: 42 DLR (AD) (1990) 294.......) (1990) 294.......is set aside. The Money Execution case be struck off and the attachment of the appellants' property shall be deemed to be withdrawn. Ed. This case is also reported in: 42 DLR (AD) (1990) 294...Category: Banking Law | Date: | Hits: 134
Managing Director, WASA Vs. Md. Ali and others, 2005, 34 CLC (AD)
.... within the estimated cost and your revised schedule. Upon your acceptance of this letter of intent, you are required to furnish performance bond which shall have to be issued from any schedule bank located in Bangladesh as per enclosed format. A final agreement will be executed in the pre...... Appellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Managing Director, WASA.............................Appellant Vs. Md. Ali and others………………………………………………Respondents Judgment July 1......ent and order of the High Court Division cannot be sustained. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 59 DLR (AD) (2007) 185. ..Category: Others | Date: | Hits: 100
Meghna PET Industries Ltd and others Vs. Md. Mostafa Kamal & others, 2007, 36 CLC (AD)
....Because of the inclusion of their names in the report of the Credit Information Bureau of Bangladesh Bank, the writ-petitioners have become disentitled to any loan or financial assistance from any bank or financial institution as defaulting borrowers in view of section 27 KaKa (3) of the Bank Co......ion No. 477 of 2005). Abdur Razzaq, Senior Advocate, instructed by Md. Zahirul Islam, Advocate-on-Record—For the Petitioners. (In Civil Petition No. 478 of 2005). Rafique-ul-Huq and Khandker Mahbubuddin Ahmed, Senior Advocate instructed by Ahsanullah Patwary, Advocate-on-Reco......faulter borrowers. Accordingly, the application for dismissing the civil petition for leave to appeal Nos. 477-478 of 2005 is allowed. Both the civil petitions are dismissed. Ed. ..Category: Business or Commercial Law | Date: | Hits: 108
Collector of Customs, Chittagong & anr Vs. M.M Shafullah and ors., 1978, 7 CLC (AD)
....he language of S. 167(9B) of the Act. For these reasons this appeal fails and it is dismissed, but having regard to the circumstance of the case, we make no order as to costs. Ed. ......hmud Hossain CJ Kemaluddin Hossain J D. C. Bhaitacharya J Collector of Customs, Chittagong & anr……………Appellants Vs. M.M Shafullah and ors………….…Respondents Judgment June 29, 1977. ......he language of S. 167(9B) of the Act. For these reasons this appeal fails and it is dismissed, but having regard to the circumstance of the case, we make no order as to costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 92
Abu Taher Chowdhury & others Vs. State, 1990, 19 CLC (AD)
....cer as well as Magistrate First Class, on 2 May 1984 and the latter recorded Nuru's statement under section 164 CrPC This witness gave out that through him the accused persons had called Zafar to the bank that night and in his presence killed Zafar and left his dead body there and warned him (PW 3) ......72 (I of 1872) Sections 157 & 5 The statement of a witness recorded under section 164 of the Code of Criminal Procedure is meant for binding him down to the statement made during investigation and in the case of any glaring inconsistency amounting to perjury, the witness may be prosecuted for......e Chowdhury @ Kala Mia and (5) Akhtarul Haque Chowdhury be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 253. ..Category: Criminal Law | Date: | Hits: 74
Governor, Bangladesh Bank, Head Office, Dhaka Vs. M. Habibullah Bahar & another, 2006, 35 CLC (AD)
....to the writ petition) wherein it was observed that the Sundarban Bank International Ltd. (Proposed) failed to reach the stage of eligibility for filing application for issuance of licence to start banking business. 3. The case of the writ petitioner is that on 12.11.1991 he filed an appli......, instructed by Md. Aftab Hossain, Advocate-on-Record—For the Respondent No. 1. Not represented-For the Respondent No. 2. Civil Appeal No. 258 of 2001 (From the judgment and order dated 16.11.2000 passed by the High Court Division in Writ Petition No. 1672 of 1995) ......oncerned for extension of time limit for completion of formalities and the concerned authority may consider the prayer in accordance with law if found tenable in law. Ed. ..Category: Banking Law | Date: | Hits: 124
Anath Bandhu Guha & Sons Ltd. Vs. Babu Sudhangshu Shekhar Halder, 1990, 19 CLC (AD)
....y suffers from an error of law and it is accordingly set aside. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 244. ......rted in: 42 DLR (AD) (1990) 244. ......y suffers from an error of law and it is accordingly set aside. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 244. ..Category: Property Law | Date: | Hits: 118
Syed Ali Mir and another Vs. Syed Omar Ali and another, 1990, 19 CLC (AD)
....the end of the year Tk. 83,700/- was found due and the accused-appellants issued three cheques in favour of the respondent and his partner, witness No.4, that as there was not sufficient money in the bank, two cheques were returned and Tk.15,000/- was paid and the third cheque of Tk.20,000/- had bee......d. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 240. ......il court. For the reasons stated above, the appeal is allowed and the impugned proceeding pending against the appellants quashed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 240. ..Category: Criminal Law | Date: | Hits: 59
Al-haj Ahmed Hossain Khan Vs. Rezaur Rahman and others, 1990, 19 CLC (AD)
.... order as to costs. Order of the Court. By the majority decision, the appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 225. ...... Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Al-haj Ahmed Hossain Khan.......……………………………....Appellant Vs. Rezaur Rahman and others....................................Respondents Judgment January 22, 1990. Resu...... order as to costs. Order of the Court. By the majority decision, the appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 225. ..Category: Property Law | Date: | Hits: 50
Abu Naser Mohammad Wahidun Nabi and another Vs. Jatindra Mohan Roy and others, 2004, 33 CLC (AD)
....of no merit because of the established rule that at first plaintiff is to prove his case and then onus shifts upon the defendants to establish his contention or to disprove plaintiff’s case. ......disprove plaintiff’s case. ......of no merit because of the established rule that at first plaintiff is to prove his case and then onus shifts upon the defendants to establish his contention or to disprove plaintiff’s case. ..Category: Tenancy Law | Date: | Hits: 194
New Ideal Engineering Works Ltd. Vs. Bangladesh Shilpa Bank and ors., 1990, 19 CLC (AD)
....e taken. It is equally incorrect to say that if the management is taken over under section 40 then the provisions of section 39 cannot be resorted to. The terms of section 40 itself show that the bank can even after taking over the management of the concern sell or realise any property pledged......CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J New Ideal Engineering Works Ltd………………………………….…....Petitioner Vs. Bangladesh Shilpa Bank and others.....................................Respondents Judgment May 21, 1990. Result: ......imed by the Bank is not disputed by the petitioner, we do not find any merit in the contention raised. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 221 ..Category: Banking Law | Date: | Hits: 117
Fairtech Limited & ors. Vs. Bangladesh Shilpa Bank, 1989, 18 CLC (AD)
....pliance with other rules (in case of sale by private negotiation) have no effect on the impugned sale. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 216. ......ted by Shamsul Hoque Siddique, Advocate-on-Record—For the Respondent No.1. Not Represented—Represented Nos. 2-3,5. Civil Petition for Leave to Appeal No. 30 of 1989. (From the Judgment and Order dated 6-6-1989 passed by the High Court Division, Dhaka in Writ Petition No. 74 of 1989.......pliance with other rules (in case of sale by private negotiation) have no effect on the impugned sale. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 216. ..Category: Banking Law | Date: | Hits: 94
Messers Hai Iron and Re-Roiling Mills Limited Vs. Bangladesh Commerce Bank Ltd., 2006, 35 CLC (AD)
....o. 1 herein, filed the above suit for realization of Tk.43,87,797.00 by sale of the mortgaged properties stating, inter alia, that Bangladesh Commerce and Investment Limited, in the course of their banking business sanctioned loan of Tk. 25,00,000/- to the defendant No.1, the petitioner No.1...... Appellate Division (Civil) Present: Md. Ruhul Amin J Mohammad Fazlul Karim J Md. Tafazzul Islam J Amirul Kabir Chowdhury J Messers Hai Iron and Re-Roiling Mills Limited, represented by its Managing Director and another …&hellip......licable in the present case arrived at a correct decision which does not suffer from any illegality or infirmity so as to call for any interference. The petition is dismissed. Ed. ..Category: Banking Law | Date: | Hits: 101
Rupali Bank Ltd. Vs. M. A. Jalil, 2005, 34 CLC (AD)
.... in the service of the erstwhile Muslim Commercial Bank Limited as a clerk on 14.02.1958 and was promoted as a officer in the year of 1967; that nationalizing Muslim Commercial Bank and some other banks, Rupali Bank was constituted under the provisions of Banks Nationalization Order, 1...... leave to Appeal No. 1812 of 2002 Judgment Md. Fazlul Karim J.- The petitioners seek leave to appeal against the judgment and order dated 31.M).2001 passed by the High Court Division in Appeal from Original Decree No. 88......f the above, we do not find any cogent reason to interfere with the impugned judgment and decree of the High Court Division. The petition is, accordingly, dismissed. Ed. ..Category: Employment/Service Law | Date: | Hits: 136
Arch Limited and others Vs. Zillur Rahman Chowdhury and others, 2006, 35 CLC (AD)
....ued, if any, relating to those shares are invalid and that the share money deposit of Tk.1,24,000,00/- reflected in the audited balance sheet for the year ending 30.06.1997 was not reflected in the bank account of the Company and that the deposit of share money does not prove valid issuance of sha...... Ed. This Case is also Reported in: ......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)
....d the said letter of credit by increasing the quantity to 3000 metric tons and thereby increased the value from 11000 U.S. Dollar to 13,20,000/- for the goods to be imported and the plaintiffs bank transmitted the amendment of the said letter of credit and that while the plaintiff requested......ructed by Zahirul Islam, Advocate-on-Record-For Respondent No. 7 Not represented -Respondent Nos. 1-6 Civil Petition for Leave to Appeal No. 264 of 2006 (From the judgment and order dated 26.10.2005 passed by the High Court Division in first Appeal No. 70 of 2004) ......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
M.A. Sukkur Vs. Md. Zahirul Haque and another, 2005, 34 CLC (AD)
.... Shilpa Bank, Chittagong and that the accused petitioner in order to establish Textile Mill took a loan of (TK. 33,44,000/- +11,000/-)= TK. 33,55,000/- and he failed to clear the dues for which the bank started Miscellaneous Case No. 15 of 1992 on 26 January 1992 for realizing the outstandin...... Mohammad Fazlul Karim J Amirul Kabir Chowdhury J M.A. Sukkur………………….................Petitioner Vs. Md. Zahirul Haque and another………...Respondents Judgement November 15, 2005. ......ation of the impugned judgment and order dated 17.05.2003 passed by the High Court Division in Criminal Miscellaneous Case No.152 of 2001 be stayed till disposal of the appeal. Ed. ..Category: Criminal Law | Date: | Hits: 44
Md. Belayet Hossain Vs. Abul Fayez Md. Abdullah and others, 2005, 34 CLC (AD)
....such view of the Matter we do not find any substance in the submissions of the learned advocate. In view of the discussions made above leave petition is accordingly dismissed. Ed. ...... Amin J Md. Tafazzul Islam J Amirul Kabir Chowdhury J Md. Belayet Hossain……………….Petitioner Vs. Abul Fayez Md. Abdullah and others…………….Respondents Judgment June 13, 2005......such view of the Matter we do not find any substance in the submissions of the learned advocate. In view of the discussions made above leave petition is accordingly dismissed. Ed. ..Category: Property Law | Date: | Hits: 33
Esquire Electronics Ltd. Vs. Bangladesh, 2007, 36 CLC (AD)
....(Inland Container Depot), Kamalapur, Dhaka in the last week of June,1996 and was awaiting customs clearance; that the petitioner took delivery of the shipping documents after making payment to the bank on 30-6-1996 through its C & F Agents, Messrs Azad Traders, applied to the Customs Au......ury J Esquire Electronics Ltd......................Petitioner Vs. Bangladesh represented by the Secretary, Ministry of Finance, Internal Resources Division (Customs) and ors.............................Respondents Judgment November 30, 2005 Case......r Rahman on the other." 9. On the above, we find no substance in the submission of the learned Advocate-on-Record for the petitioner. The petition is dismissed. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 126
Bangladesh Bank Vs. Sk. Abul Hossain and others, 2007, 36 CLC (AD)
....f a public company shall retire by rotation in a general meeting; the Bank Company Act 1991 also did not contain any such restriction with regard to the tenure and reelection of the directors of a banking company; by Bank Company (Amendment) Act, 2003, on 10th March 2003 section 15 (Ka Ka) was i......uhul Amin J Md Tafazzul Islam J Bangladesh Bank……………………………....Petitioner Vs. Sk. Abul Hossain and others .................Respondents Judgment May 2, 2006. Cases Referred ...... 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
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