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K. M. Muzahid Islam Vs. Bangladesh, 2009, 38 CLC (AD)

....in. Thus we do not find any merit in the leave petition. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 865. ......e borrow­er company and its Directors failed to make the repayment as per stipulated installments and as such a legal notice dated 19.11.1991 was sent under Section-34 of the Bangladesh Shilpa Bank Order and on receipt of the said notice the bor­rower Company and the guarantors prayed fo......in. Thus we do not find any merit in the leave petition. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 865. ..

Category: Civil Law | Date: | Hits: 140

M.K. Bazlur Rahman Vs. Md. Johurul Haque and another, 2009, 38 CLC (AD)

....find any cogent reason to inter­fere with the impugned judgment of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 809. ......ase No.2411 of 2003 accusing the accused-petitioner stating, inter cilia, that on 15.06.2003 the petitioner issued a cheque for Tk.15, 00, 000/- in favour of him in his own account with the Pubali Bank Ltd. Foreign Exchange Branch, Dhaka. On the same day he presented the cheque for encashment bu......o.2411 of 2003 accusing the accused-petitioner stating, inter cilia, that on 15.06.2003 the petitioner issued a cheque for Tk.15, 00, 000/- in favour of him in his own account with the Pubali Bank Ltd. Foreign Exchange Branch, Dhaka. On the same day he presented the cheque for encashment but the..

Category: Criminal Law | Date: | Hits: 51

M/S M. A Salam and Co. Vs. Islami Bank Bangladesh Limited, 2009, 38 CLC (AD)

....nbsp;   M/S M A Salam and Co....................Petitioner Vs Islami Bank Bangladesh Limited repre­sented by its Executive Vice-President Head Office, 49, Dilkush Commercial Area, Dhaka and others….......Respondents Judgment    ......lam J Md. Abdul Matin J    Md. Abdul Aziz J        M/S M A Salam and Co....................Petitioner Vs Islami Bank Bangladesh Limited repre­sented by its Executive Vice-President Head Office, 49, Dilkush C......nbsp; agree­ment by paying the decreetal amount. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 797. ..

Category: Civil Law | Date: | Hits: 109

Government of Bangladesh and others Vs. Md. Abdul Halim Miah and (3) others, 2003, 32 CLC (AD)

....e appeals are allowed with­out any order as to costs and the impugned judgment and order making the rules absolute are hereby set aside. Ed. This Case is also Reported in: I ADC (2002) 230. ......e appeals are allowed with­out any order as to costs and the impugned judgment and order making the rules absolute are hereby set aside. Ed. This Case is also Reported in: I ADC (2002) 230. ......e appeals are allowed with­out any order as to costs and the impugned judgment and order making the rules absolute are hereby set aside. Ed. This Case is also Reported in: I ADC (2002) 230. ..

Category: Employment/Service Law | Date: | Hits: 118

Superintendent Engineer, RHD Sylhet & others Vs. Md. Eunus & Brother (Pvt) Ltd. & ors, 2009, 38 CLC (AD)

....already done in accordance law, in full and final settlement of the claims of the writ-petitioner under the contracts. Ed. This Case is also Reported in: VI ADC (2009) 736, 31 BLD (AD) (2011) 1. ......pletion of the works in accordance with a revised work schedule that may be furnished by the petitioner in due course. The respondents are also directed to refund to the petitioner the amounts of the Bank Guarantee that were encashed on 30.10.2003 as evident in Annexure-K and thereafter allow for th......ation in C. A. No. 247-250 of 2005 and to pay the unpaid bills, if any, of the writ petitioner for the work already done in accordance law. Cases Referred To- Sharping Matshjibi Samabaya Samity Ltd. vs Bangladesh and others 39 DLR (AD) 85; Mesbahuddin Ahmed Vs. Government of Bangladesh and ord..

Category: Civil Law | Date: | Hits: 212

State Vs. Md. Moslemuddin, 2004, 33 CLC (AD)

....iew of above position we find no reason to interfere with the judgment and order passed by the High Court Division and accordingly the appeal is dismissed. This Case is also Reported in:I ADC 545. ...... no safe custody in his Tahsil Kachari the respondent Tahsildar, after keeping the money in the safe custody of Jamurki Tahsil Kachari, went home and subsequently he deposited the money in the Sonali Bank after his arrest. The trial court, after hearing, convicted the respondent and passed sentence ......iew of above position we find no reason to interfere with the judgment and order passed by the High Court Division and accordingly the appeal is dismissed. This Case is also Reported in:I ADC 545. ..

Category: Criminal Law | Date: | Hits: 63

Mrs. Zinnatul Ara & ors Vs. Government of the People’s Republic of Bangladesh, 2009, 38 CLC (AD)

....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:   ......(3) of the Artha Rin Adalat Ain, 2003, the notice for auction sale of the properties of the petitioners published in the Daily Jugantor on 20.7.2005 and also all subsequent actions taken by Eastern Bank Limited, the respondent No.3, pursuant to the said auction notice and then Rule was issued up......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:   ..

Category: Civil Law | Date: | Hits: 88

Dira Dockyard and Engineers Ltd. & ors Vs. Bangladesh Shilpa Rin Sangstha & ors, 1994, 23 CLC (AD)

.... filed by the Bangladesh Shilpa Rin Sangstha, briefly, the Sangstha, in the Court of the District Judge, Dhaka on 28-9-1983 which subsequently, on transfer to the Court of the Subordinate Judge and Commercial Court No. 2, Dhaka, was renumbered as Misc. Case No.13 of 1984, for realisation of its d......2-1981. The Sangstha disbursed the 1st instalment of Taka 14.00 lakh directly to the Dock­yard on 4-11-80. The 2nd instalment of Taka 28.00 lakh was also released to the Dockyard through Rupali Bank, Motijheel Branch, on 6-12-1980 for procurement of 2 new Kelvin Marine Diesel Engines. But th......    Latifur Rahman J                     Dira Dockyard and Engineers Ltd. and others...................Appellants Vs. Bangladesh Shilpa Rin Sangstha and o..

Category: Business or Commercial Law | Date: | Hits: 311

Islami Bank Bangladesh Ltd. Vs. Commissioner of Taxes, Companies Circle-19, 2008, 37 CLC (AD)

....ill dismiss the review petitions. Order of the Court The Review petitions are dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 145 ; 29 BLD (AD) 2009, 139. ...... Md. Hassan Ameen J                    Md. Abdul Matin J    Islami Bank Bangladesh Ltd..............Petitioner (In all petitions) Vs. Commissioner of Tax......an Ameen J                    Md. Abdul Matin J    Islami Bank Bangladesh Ltd..............Petitioner (In all petitions) Vs. Commissioner of Taxes, Companies Ci..

Category: Fiscal/Taxation Law | Date: | Hits: 145

Justice Syed Md. Dastagir Hossain and ors. Vs. Md. Idrisur Rahman and others, 2009, 38 CLC (AD)

.... Govt. of Sind P.L.D 1976 S.C page 315; S.N. Goswami, Advocate and another Vs. Government of Bangladesh, 55 DLR 332; Sankal Chand (AIR 1977 SC 2328); A-G vs. Jonthan Cape Ltd. {1976} QB 752; ch 13 B; Commercial Cable Company V. Government of New-foundland, (1916) 2 AC 610, Reyder V. Foley (1906) 4 C......d guidelines.” The short order shall form part of the judgment. These petitions are accordingly disposed of. Ed. This Case is also Reported in: 29 BLD (AD) 2009, 79, VII ADC (2010) 721. ......) 4 SCC 605; Abrar Hassan Vs. Govt. of Sind P.L.D 1976 S.C page 315; S.N. Goswami, Advocate and another Vs. Government of Bangladesh, 55 DLR 332; Sankal Chand (AIR 1977 SC 2328); A-G vs. Jonthan Cape Ltd. {1976} QB 752; ch 13 B; Commercial Cable Company V. Government of New-foundland, (1916) 2 AC 61..

Category: Constitutional Law | Date: | Hits: 251

M/S. Classic Fashion Limited Vs. Mrs. Asrafunnessa Dana and another, 2009, 38 CLC (AD)

.... Security of TK.1000.00 is to be deposited with one month from date. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: ......ion, but the plaintiff without following the said terms of contract instituted the false suit which is liable to be dismissed as also time barred. On the other hand the added defendant No.2 Islami Bank also contested the suit contending that the defendant No.1 took loan from the defendant No.2 a...... Security of TK.1000.00 is to be deposited with one month from date. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: ..

Category: Civil Law | Date: | Hits: 110

Golam Mostafa and others Vs. Government of the People’s Republic of Bangladesh, 2007, 36 CLC (AD)

....quo;s company and that on humanitarian ground in order to rehabilitate the unauthorized occupants a Project Implementation Committee was formed by the Deputy Commissioner, Noakhali, with the Deputy Commercial Manager of the petitioner-company as Convenor and as per recommendation of the said Com......e do not find any cogent ground to interfere with the same. This Petition is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in:   ......e do not find any cogent ground to interfere with the same. This Petition is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in:   ..

Category: Property Law | Date: | Hits: 25

Special Reference No.1 of 2009, 38 CLC (AD)

.... 47 DLR (AD) 111; A. Hannan 40 DLR 273, Bar Council Vs. Surjeet Singh AIR 1980 SC 1612, Waddington Vs. Mia (1974) 2 A.E.R. 377; 7 BLC (AD) 73, Narasappa Ashappa V. State, 1973 Bom LR 221: 1973 United Commercial Bank Ltd. Vs. Rahimafrooz Batteries Ltd. 7 BLC (AD) 2002 page 73; State of M.P. V. Tikamd......) 111; A. Hannan 40 DLR 273, Bar Council Vs. Surjeet Singh AIR 1980 SC 1612, Waddington Vs. Mia (1974) 2 A.E.R. 377; 7 BLC (AD) 73, Narasappa Ashappa V. State, 1973 Bom LR 221: 1973 United Commercial Bank Ltd. Vs. Rahimafrooz Batteries Ltd. 7 BLC (AD) 2002 page 73; State of M.P. V. Tikamdas, AIR 197......; A. Hannan 40 DLR 273, Bar Council Vs. Surjeet Singh AIR 1980 SC 1612, Waddington Vs. Mia (1974) 2 A.E.R. 377; 7 BLC (AD) 73, Narasappa Ashappa V. State, 1973 Bom LR 221: 1973 United Commercial Bank Ltd. Vs. Rahimafrooz Batteries Ltd. 7 BLC (AD) 2002 page 73; State of M.P. V. Tikamdas, AIR 1975 SC ..

Category: Constitutional Law | Date: | Hits: 289

Md. Abu Sufian and others Vs. Ferdoshi Begum and others, 2009, 38 CLC (AD)

....nd no sub­stance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 698. ......o. 14 of 2006 allowing an application dated 13.02.2006 filed by the respondent com­pany for permission to pay day to day operation expenses through its bank account maintained with Dutch Bangla Bank Limited, Dhanmondi, Branch, by issuing cheques under the lone signature of the respondent No.......nd no sub­stance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 698. ..

Category: Business or Commercial Law | Date: | Hits: 199

Sonali Bank Vs. Artha Rin Adalat, Narayangonj and others, 2009, 38 CLC (AD)

....e impugned judgment passed by the High Court Division. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 686, 62 DLR (AD) (2010) 231....... VI ADC (2009) 686, 62 DLR (AD) (2010) 231.......e impugned judgment passed by the High Court Division. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 686, 62 DLR (AD) (2010) 231...

Category: Banking Law | Date: | Hits: 373

James Finlay PLC and others Vs. Mahi Fish Processing Ltd. and others, 2009, 38 CLC (AD)

....tance in the submissions of the learned Advocate for the petitioners. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 124. ......, for US $ 3, 00,000 by the importer aforesaid. Subsequently, value of the letter of credit was enhanced to US$ 7, 50,000 and the said letter of credit was opened through Philadelphia International Bank, New York, the LC opening bank. Agrani Bank was the negotiating bank in Bangladesh. The plain......arim J Md Joynul Abedin J SAN Mominur Rahman J  Nippon Liner System, Care of James Finlay PLC and others.............Petitioners Vs. Mahi Fish Processing Ltd. and others ....................Respondents Judgment March 12, 2009. Lawye..

Category: Business or Commercial Law | Date: | Hits: 178

Md. Kudrat Ali Vs. Dr. Mahfuzul Haque and another, 2008, 37 CLC (AD)

....further in review peti­tion there is no scope of rehearing as sought by the petition. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 620. ......e respondent No. 1, the Chairman and the Executive Director, and subsequently, the petition­er, by exercising that power, also appointed two directors of the company but Rajshahi Krishi Unnayan Bank, which gave loan to the company for set­ting upon the textile mills, did not accept such i...... 17.12.1986 against the petitioner and others on the averments inter alia, that he and his wife and the petitioner and his wife having o form a company in the name and style of Bomby Textile Mills Ltd. of which the respondent No.1 and the petitioner will be the Chairman and the Managing Directo..

Category: Criminal Law | Date: | Hits: 44

Md. Nurul Absar Vs. State, 2008, 37 CLC (AD)

....t mean rehearing of the matter afresh, we find no substance in the review petition, Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 617. ......nt of Tk. 10 lac donated by the then President of Bangladesh for development works of the Pourashava and that the Cheque was deposited by opening a current account with Cox's Bazar Branch of Uttara Bank in the name of the Chairman of the Pourashava and that the appellant being the Chairman used ......t mean rehearing of the matter afresh, we find no substance in the review petition, Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 617. ..

Category: Criminal Law | Date: | Hits: 43

Cromvege Tannaries Ltd. & anr Vs. Joint Dist Judge & Artha Rin Adalat No.1, Dhaka, 2009, 38 CLC (AD)

....llegality or infirmity in the decision of the High Court Division no interference is called for. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 594. ......es mortgaged by the judgment debtor petitioners as security for the loan. 2. The petitioners filed the above writ petition on the averments that they took loan of Tk. 1,50,000/- from Agrani Bank, the respondent No.3, and they having failed to repay the loan, the respondent No. 3 filed tit......Court Appellate Division (Civil) Present: MM Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Md. Abdul Aziz J M/s. Cromvege Tannaries Ltd. and another......................................Petitioners Vs. Joint District ..

Category: Civil Law | Date: | Hits: 103

Nazmul Huda Chowdhury Vs. Janata Bank and another, 2008, 37 CLC (AD)

....ision in Civil Revision No.1724 of 1998 making the Rule absolute. 2. Short facts as placed before the High Court Division are that the suit building a four storied building situated at 27, Agrabad Commercial Area, known as "Mercantile Court" belonging to a non Bengali vested in the Government of ......ppellate Division (Civil) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Joynul Abedin J Nazmul Huda Chowdhury……………………………..Petitioner Vs. Janata Bank and another...............................Respondent Judgment December 18, 2008. Resu...... that the High Court Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 569...

Category: Property Law | Date: | Hits: 28