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Ummu Kawsar Salabil Vs. Shams Corporation (Pvt.) Ltd. and ors., 1984, 13 CLC (AD)

....the document first cited by him respondent   No.1 was appointed distributor of industrial oil and lubricant. "MEGHNA PETROLEUM MARKE­TING CO. LTD. 14-15 Motijheel Commercial Area, G.P.O- Box No. 24, Dhaka, Bangladesh. Tel: PABX, 252014 254091 254094 ......quo; Trial of the suit is to be concluded on or before 20th December, 1984. There will be no order as to costs. Ed. This Case is also Reported in:  37 DLR (AD) (1985) 117. ......y J Chowdhury ATM Masud J Syed Md Mohsen Ali J Ummu Kawsar Salabil………………….Appellant Vs. Shams Corporation (Pvt.) Ltd. and ors.............Respondents Judgment December 4, 1984. Words and Phras..

Category: Others | Date: | Hits: 84

M/s. House Build­ing Finance Cor­poration Vs. Commissioner of Income Tax, Dhaka, 1984, 13 CLC (AD)

.... Cases Referred To- Sarupchand vs. Commissioner of Income-tax, Bom. (1936) IV ITR. 420; Commissioner of Income-tax, East Pakistan Vs. Messer. Rathna Tea Estate (1967) 19 DLR 538 SC; Indo-Commercial Bank Ltd. vs. Commissioner of Income-tax, Madras (1962) 44 I.T.R. 22; Commissioner of I......Referred To- Sarupchand vs. Commissioner of Income-tax, Bom. (1936) IV ITR. 420; Commissioner of Income-tax, East Pakistan Vs. Messer. Rathna Tea Estate (1967) 19 DLR 538 SC; Indo-Commercial Bank Ltd. vs. Commissioner of Income-tax, Madras (1962) 44 I.T.R. 22; Commissioner of Income-tax V......red To- Sarupchand vs. Commissioner of Income-tax, Bom. (1936) IV ITR. 420; Commissioner of Income-tax, East Pakistan Vs. Messer. Rathna Tea Estate (1967) 19 DLR 538 SC; Indo-Commercial Bank Ltd. vs. Commissioner of Income-tax, Madras (1962) 44 I.T.R. 22; Commissioner of Income-tax Vs. Sh..

Category: Fiscal/Taxation Law | Date: | Hits: 102

Chittagong City Corporation Vs. Executive Engineer, Public Works Dept, Chittagong, 2008, 37 CLC (AD)

....matter the High Court Division has rightly discharged. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 332. ......matter the High Court Division has rightly discharged. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 332. ......matter the High Court Division has rightly discharged. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 332. ..

Category: Civil Law | Date: | Hits: 113

Dhaka City Corporation Vs. M/s. Abdul Kader (Pvt.) Ltd. and oth­ers, 2003, 32 CLC (AD)

....the matter, we do not find any substance in the appeal. The appeal is accordingly dismissed without any order as to costs.  Ed.  This Case is also Reported in: II ADC (2005) 291. ......act that the amount decreed was in respect of a lia­bility arising out of a commercial transaction.  8. In this case the plaintiff has undertaken the contract work taking a loan from and the Bank @ 18% compound interest. The appellant has urged the grant of interest till realization and mor......ent: Mainur Reza Chowdhury CJ Mohmmad Fazlul Karim J  Syed JR Mudassir Husain J  Dhaka City Corporation ...........Appellant  Vs.   M/s. Abdul Kader (Pvt.) Ltd. and oth­ers....Respondents  Judgment April 15, 2003.  Result: The appea..

Category: Civil Law | Date: | Hits: 88

Sonali Bank Vs. M/S Beg and Beg Jute Incorporated Ltd. & others, 1997, 26 CLC (AD)

....te and till realization of the decretal amount. 2. The appellant Bank instituted Title Suit No, 31 of 1983 (later re-numbered as Title Suit No. 131 of 1984) originally in the 3rd Courts and Commercial Court No. 2, Dhaka which was a suit for recovery of money by sale of mort­gaged prop......ppellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Sonali Bank.............Appellant Vs. M/S Beg and Beg Jute Incorporated Ltd. & others.........afa Kamal J Latifur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Sonali Bank.............Appellant Vs. M/S Beg and Beg Jute Incorporated Ltd. & others...................Respondents Judgment November 5, 1997. Case..

Category: Property Law | Date: | Hits: 28

Tafijul Huq Sarker Vs. Bangladesh and others, 1998, 27 CLC (AD)

....er be sent back on remand to the High Court Division for disposal on merit. There shall be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 254; 4 MLR (AD) 1999, 19. ......lector of Customs, 19 DLR (1967) p. 592; Collector of Customs, Chittagong Vs. A Hannan, 42 DLR (AD) 167; M/s. Mohammad Brothers Vs. The Collector of Customs 16 BLD (AD) 83; Zahirul Islam Vs. National Bank Ltd. 46 (DLR) (AD) 191; Nagina Silk Mills Ltd. Vs. Income Tax Officer 15 DLR (SC) 181. Lawy......r of Customs, 19 DLR (1967) p. 592; Collector of Customs, Chittagong Vs. A Hannan, 42 DLR (AD) 167; M/s. Mohammad Brothers Vs. The Collector of Customs 16 BLD (AD) 83; Zahirul Islam Vs. National Bank Ltd. 46 (DLR) (AD) 191; Nagina Silk Mills Ltd. Vs. Income Tax Officer 15 DLR (SC) 181. Lawyers I..

Category: Trust/Waqf Law | Date: | Hits: 190

Chalna Marine Products Vs. Bangladesh General Insurance Co. Ltd., 2000, 29 CLC (AD)

....s above any loss, destruction or damage is not covered by this policy, the burden of proving that such loss, destruction or damage is covered shall be upon the insured."  ......e limited company and has a freezing plant in Chalna. The freezing plant runs by public power supply from Power Development Board (P.D.B). The plaintiff runs the Business by taking loan from Janata Bank. The stock of shrimps of the plaintiff is kept in the refrigeration room and is insured with ...... Present: Latifur Rahman CJ Kazi Ebadul Hoque J Mainur Reza Chowdhury J Chalna Marine Products...Appellants Vs. Bangladesh General Insurance Co. Ltd.................Respondents Judgment December 14, 2000. Cases Referred t..

Category: Civil Law | Date: | Hits: 135

Pubali Bank Limited Vs. Chairman, First Labour Court, Dhaka and another, 2004, 33 CLC (AD)

....is directed to pay the respon­dent No.2 his back wages and the pension ben­efits. The appeal is dismissed with cost. Ed. This Case is also Reported in: II ADC (2005) 12. ......lso Reported in: II ADC (2005) 12. ......is directed to pay the respon­dent No.2 his back wages and the pension ben­efits. The appeal is dismissed with cost. Ed. This Case is also Reported in: II ADC (2005) 12. ..

Category: Labour and Industrial Law | Date: | Hits: 79

Rupali Bank Ltd. and others Vs. Shawkat Ara Salauddin and another, 2004, 33 CLC (AD)

.... ...... ADC (2005) 7; I ADC (2004) 337. ...... (2005) 7; I ADC (2004) 337. ..

Category: Property Law | Date: | Hits: 35

Abu Borhan Siddique and another Vs. Mrs. Safiya Asaf Ali and another, 2008, 37 CLC (AD)

....nbsp;              The petition is dismissed with cost of Tk. 5,000/-. Ed. This Case is also Reported in: ......used. At that time a sum of Tk. 80,00,000/- was paid by pay order. For the balance amount the accused-petitioners issued a Cheque bearing No.1958151 for an amount of Tk. 3,04,00,000/- of South East Bank Ltd., Dhanmondi Branch, Dhaka. The complainant placed the cheque for encashment on 20.2.2006 ...... At that time a sum of Tk. 80,00,000/- was paid by pay order. For the balance amount the accused-petitioners issued a Cheque bearing No.1958151 for an amount of Tk. 3,04,00,000/- of South East Bank Ltd., Dhanmondi Branch, Dhaka. The complainant placed the cheque for encashment on 20.2.2006 but t..

Category: Criminal Law | Date: | Hits: 47

Collector of Customs, Customs House, Chittagong and others Vs. Mahfuzul Huq, 2007, 36 CLC (AD)

.... background of the discussions made hereinabove we find merit in the appeal. Accordingly, the same is allowed without any order as to costs. Ed. This Case is also Reported in: ......he Judgment dated June 24, 1998 of a Division Bench of the High Court Division in Writ Petition No. 1970 of 1993 making the Rule absolute and thereupon directing the Customs authority to return the Bank guarantee furnished by the writ petitioner, herein the respondent. 2. The writ petitio...... background of the discussions made hereinabove we find merit in the appeal. Accordingly, the same is allowed without any order as to costs. Ed. This Case is also Reported in: ..

Category: Fiscal/Taxation Law | Date: | Hits: 74

Nasir Hossain Chaklader & ors Vs. Joint Dist Judge & Artha Rin Adalat 2, Dk & ors, 2008, 37 CLC (AD)

....Gil Kim, Chairman, M/S. Shinan (Bangladesh) Limited, 102/351, Hwaqok-Cong Kanesco-Ku-Seoul, Korea. 3. In the year 1990, the respondent No.2, National Bank Limited, Motijheel Branch, Dilkhusa Commercial Area, Motijheel, Dhaka as plaintiff filed a Money Suit No. 84 of 1990 in the Court of S......ertaking with a Korean National Mr. Jong Gil Kim, Chairman, M/S. Shinan (Bangladesh) Limited, 102/351, Hwaqok-Cong Kanesco-Ku-Seoul, Korea. 3. In the year 1990, the respondent No.2, National Bank Limited, Motijheel Branch, Dilkhusa Commercial Area, Motijheel, Dhaka as plaintiff filed a Mon......p; Artha Rin Adalat No.2, Dhaka and others…………….. Respondents Judgment November 9, 2008. Case Referred to- Saloman Vs. Saloman and Co. Ltd. (1887) A.C.22. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Pet..

Category: Civil Law | Date: | Hits: 106

Md. Kamal Hossain Vs. Subordinate Judge, Artha Rin Adalat and others, 2008, 37 CLC (AD)

....at the High Court Division upon correct assessment of the materials on record arrived at a correct decision. The appeal is dismissed. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 177......ul Matin J Md. Kamal Hossain..... Appellant Vs. The Subordinate Judge, Artha Rin Adalat and others..... Respondents Judgment August 19, 2008. Case Referred to- Punjab Mercantile Bank Ltd. Vs. Sardar Kishan Singh, AIR 1963 Punjab 230. Lawyers Involved: Rokanuddin Mahmood, ......tin J Md. Kamal Hossain..... Appellant Vs. The Subordinate Judge, Artha Rin Adalat and others..... Respondents Judgment August 19, 2008. Case Referred to- Punjab Mercantile Bank Ltd. Vs. Sardar Kishan Singh, AIR 1963 Punjab 230. Lawyers Involved: Rokanuddin Mahmood, Senio..

Category: Civil Law | Date: | Hits: 92

Eastern Bank Ltd Vs. Saudi Bangladesh Indus & Agricultural Investment Co. Ltd., 2004, 33 CLC (AD)

..... In the writ petitioner appellant as petitioner impugns the legality of an order dated 5-8-1999 passed in Money Suit No. 6 of 1994 instituted by respondent No.1 in the Court of Subordinate Judge, Commercial Court No. 2, Dhaka. 3. The respondent No. 2, the Saudi Bangladesh Industrial and ......66. ......Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Eastern Bank Limited. .................Appellant Vs. Saudi Bangladesh Industries and Agricultural Investment Company Ltd. ...... Respondent Judgment March 9, 2004. Lawyers Involved: Roka..

Category: Others | Date: | Hits: 95

Aloke Nath Dey Vs. Government of Bangladesh, 2003, 32 CLC (AD)

....legality or infirmity in the impugned judgment for our interference. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 528. ......Bangladesh..................Respondent Judgment March 11, 2003. Cases Referred to- Mt. Shyam Sundari Devi and others v. Sarti Devi and others, AIR 1962 Patna 220; State Bank of India v. Netai Ch. Porel, AIR 1982 Cal. 92; Dina Nath v. Balkrishna, AIR 1963 All 46; Muthu...... prices may, when advancing money, may bargain for a return to be made to him in terms of certain commodities like silver; Commissioner of Wealth Tax, Gujarat, Ahmedabad v. Raipur Manufacturing Co. Ltd. (1963) 4 Guj. L.R. 741 at page 751-52. (Emphasis is put by us). 13. It appears to be c..

Category: Property Law | Date: | Hits: 39

Abdul Hoq Sikder and 2 others Vs. State, 2002, 31 CLC (AD)

.... this division and as such this review petition merits no con­sideration. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 458. ......First Information Report on 31/01/1993 with Kotwali Police Station (Barisal) against the petitioners stating inter alia that the convict petitioner Abdul Huq Sikder was a Field Assistant of Sonali Bank, Barisal and he recommended for loan of the fake person named Motaleb Majhee who was alleged t...... this division and as such this review petition merits no con­sideration. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 458. ..

Category: Criminal Law | Date: | Hits: 44

Janata Bank Vs. Abdus Salam, 2003, 32 CLC (AD)

....1994 passed by the Division Bench of the High Court Division in First Appeal No. 68 of 1998 allowing the appeal in part. 2. The respondent as plaintiff filed Title Suit No. 365 of 1984 in the 2nd Commercial Court, Dhaka for decree for delivery of import­ed goods or price of the goods amounting ......sed. Ed. This Case is also Reported in: 1 ADC (2004) 406. ......udg­ment and decree dated 4.9.94 passed by the High Court Division in F. A. No. 68 of 1988 is hereby set aside and the suit is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 406. ..

Category: Civil Law | Date: | Hits: 79

Sonali Bank Vs. Md. Sirajul Hoque Chowdhury and oth­ers, 2004, 33 CLC (AD)

.... 4 as the defendants along with oth­ers. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 394. ......orted in: 1 ADC (2004) 394. ......took to give necessary letter of authority in favour of the designated person of the Bank so that the said agent of the Bank can lift the fertilizer from the defendant No. 7 (Zia Fertilizer Company Ltd.) that in due course the demand draft obtained from the Bank was deposited in the office of the..

Category: Civil Law | Date: | Hits: 121

Md. Shah Alam Vs. Md. Islam and others, 2004, 33 CLC (AD)

....court division dated 7.8.1994 in civil Revision no. 1806 of 1991 making the rule absolute thereby setting aside the judgment and decree dated 16.9.1985 passed by the learned Subordinate Judge, 1st Commercial Court, Chittagong in Other Appeal No. 475 of 1985 and affirming the judgment and decree ......ity in the decision of the    High Court Division. Accordingly the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 294. ......ity in the decision of the    High Court Division. Accordingly the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 294. ..

Category: Procedural Law | Date: | Hits: 87

Nizam Uddin Mahmood Vs. Abdul Hamid Bhuiyan and another, 2004, 33 CLC (AD)

....ustainable. In this view of the matter we do not find substance in this appeals and the appeal is accordingly dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 273. ......g the proceeding as the observa­tion made by the High Court Division as quot­ed above appears to be erroneous. 14. On the contrary we reiterate that if any cheque is presented to the Bank twice or on many more times, within six months from the date it was drawn, computation of the ......ustainable. In this view of the matter we do not find substance in this appeals and the appeal is accordingly dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 273. ..

Category: Business or Commercial Law | Date: | Hits: 138