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Governor, Bangladesh Bank, Head Office, Dhaka Vs. M. Habibullah Bahar & another, 2006, 35 CLC (AD)
....upreme Court Appellate Division (Civil) Present: Syed J.R. Mudassir Husain CJ M.M. Ruhul Amin J Amirul Kabir Chowdhury J The Governor, Bangladesh Bank, Head Office, Dhaka…………..Appellant Vs M. Habibullah B......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)
....ing CJ Sulaiman) AIR 1931 (All) 507 (SB); All India Reporter Limited, Bombay Vs. Ramchandra Dhondo Dater, AIR 1961 (Bom) 292; Ali Mohammad Vs. Jagannath Prasad, AIR 1928 (All) 66; The Punjab National Bank Ltd. Vs. Messrs. Dewan and Co. and others, 7 DLK (WP) 65. Lawyers Involved: Moinul Huq,......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)
....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. ...... অপরাধ করিয়াছেন।” 7. It will be seen that the impugned proceeding in the facts and circumstances of the case is entirely misconceived because the allegation that the dues were allowed to accrue dishonestly does neither attract an offence under section 420 nor unde..Category: Criminal Law | Date: | Hits: 59
Parveen Banu @ Purnima & others Vs. Bangladesh House Building Finance Corporation, 1990, 19 CLC (AD)
....gment and decree as they are. In view of the discussion above, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 234. ......have been legally theirs. For a paltry sum of Tk. 70/72 thousand, the valuable suit property has been auction sold for Tk. 34,62,500/-. The appellants are at least entitled to that amount minus the dues of the defendant No.1." 22. The plaintiffs obtained leave to appeal from the impugned judgme..Category: Property Law | Date: | Hits: 95
Al-haj Ahmed Hossain Khan Vs. Rezaur Rahman and others, 1990, 19 CLC (AD)
.... the same claiming the receipt of money did not involve his mother and that the suit land would be required for accommodating his sister and her husband on being posted back to Chittagong by Janata Bank following repatriation from Pakistan. Defendant No. 2 offered to return the earnest money of ...... 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)
....-witness has also stated that it was not known to him whether name of Jatindra was Jatindra Mohon Roy and Jatindra was known to him and he was well educated man and he used to serve in the Bangladesh Bank, branch at, Sadar Ghat and it is not true that in the property in suit Jatindra Mohon Roy used ......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)
....hmed 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. Res......s 32 & 47 Upon a close examination of the provisions of Articles 33, 34 and 35 of the Order, it will appear that different means have been provided for enforcement of claims and realization of dues of the Bank provided the conditions mentioned in the opening clauses of the respective Articles..Category: Banking Law | Date: | Hits: 117
Fairtech Limited & ors. Vs. Bangladesh Shilpa Bank, 1989, 18 CLC (AD)
....ision (Civil) Present: Shahabuddin Ahmed J MH Rahman J ATM Afzal J Fairtech Limited & ors...............…………………………...Petitioners Vs. Bangladesh Shilpa Bank……………………..................Respondent Judgment July 10, 1989. Result: ......te negotiation could not have been resorted to. Lastly, Dr. Hossain submitted with reference to the terms of the impugned sale and the offers made by the petitioners for settlement of the outstanding dues of the Bank that there was an arbitrariness in the whole proceeding which not only destroyed th..Category: Banking Law | Date: | Hits: 94
Messers Hai Iron and Re-Roiling Mills Limited Vs. Bangladesh Commerce Bank Ltd., 2006, 35 CLC (AD)
.... Hai Iron and Re-Roiling Mills Limited, represented by its Managing Director and another ………………….Petitioner Vs Bangladesh Commerce Bank Ltd., Dholaikhal Branch and others………..Respondent Judgment ......nd liabilities of the erstwhile Bangladesh Commerce and Investment Limited vested; then the respondent No.1 by various letters requested the defendants to make payment of the outstanding dues but with no result and hence the suit. The defendants contested the above suit by fi..Category: Banking Law | Date: | Hits: 101
Rupali Bank Ltd. Vs. M. A. Jalil, 2005, 34 CLC (AD)
.... Ed. ......; Of fleers' Association, held in 1985, by letter dated 18.05.1989 he was terminated from service of the Bank without assigning any reason, stating therein that he will be given all legal dues; that by letter dated 29.05.1989 he made a demand of the dues which was not responded to; tha..Category: Employment/Service Law | Date: | Hits: 136
Arch Limited and others Vs. Zillur Rahman Chowdhury and others, 2006, 35 CLC (AD)
.... Mr. Zillur Rahman Chowdhury, 2. Mr. Md. Mojibur Rahman, 3. Mr. Shafiur Rahman and 4. Mr. Shamsul Hoque with 5000 shares out of 20,000.shares. 5. In order to enjoy loan facilities from the Agrani Bank, which sanctioned a project loan of Tk. 4, 61, 66, 0007- on 1st July, 1994 on condition that th......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)
....endant No.2 and that the plaintiff with a view to import 3000 metric tons of Crude Palm Oline opened a letter of credit on 4 May 2003 initially for 25 metric tons of Crude Palm Olin through Janata Bank, Lal Dighi Corporate Branch, Chittagong and that the plaintiff thereafter amended the said let......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)
....ction 138 of the Negotiable Instrument Act against the petitioner stating, inter alia, that the aforesaid complainant was Assistant General Manager of Bangladesh Shilpa Bank, Chittagong and that the accused petitioner in order to establish Textile Mill took a loan of ......nager of Bangladesh 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 ..Category: Criminal Law | Date: | Hits: 44
Md. Belayet Hossain Vs. Abul Fayez Md. Abdullah and others, 2005, 34 CLC (AD)
.... and already an amount of Tk. 8,00,000/- was paid as advance to respondent Nos. 2-4 and that he also deposited Tk. 8,00,000/- as transfer fee for the property in question to Bangladesh Bank and that therefore he was necessary party in the rule. 5. The High Court Division after ......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)
....ent and the Customs Act, 1969, imported 114 sets of General Brand Split type air-conditioners from Japan under LC No. 1170/091/29/96 dated 27-4-1996 for US$ 51,300 opened through Agrani Bank, Bangabandhu Avenue, Dhaka; that the beneficiary under the said LC was Messrs Best Corporatio......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)
....same. The petition is dismissed. Ed. ...... 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
Chairman, Mongla Port Authority Vs. Kazi Brothers and others, 2007, 36 CLC (AD)
....meantime already invested huge fund in the works went on with the construction works by purchasing the materials from the market at a higher rate on arranging loan of Taka 25,00,000 from the National Bank Limited and loan of Taka 15,00,000 from BCI Bank Ltd with interest @ 18%; after completing majo......dge then after calculating the claims found that though the respondent No.1 claimed Taka 20.00,000 against the security deposit, in fact a sum of Taka 18,35,487 is due to him against security and the dues against construction of Group B works stood at Taka 21,640; the dues against purchase of 271.63..Category: Civil Law | Date: | Hits: 109
Bangladesh Agricultural Development Corporation Vs. Artha Rin Adalat and ors., 2006, 35 CLC (AD)
....r filing appeal against the judgment and decree of the Artha Rin Adalat, without availing the aforesaid remedy, writ petitions cannot be maintained. Cases Referred to- Zahirul Islam vs National Bank Ltd. and others, 46 DLR (AD) 191; Gazi M Towfie vs. Agrani Bank and others, 54 DLR (AD) 6. L......the petitioner was enhanced to Taka 20,56,99,094/05 in Bangladesh currency and that according to the terms of the LC the petitioner was to release the shipping documents on payment of the banks dues and that on receipt of the shipping documents the plaintiff respondent informed the defendant p..Category: Business or Commercial Law | Date: | Hits: 135
NBR, Government of Bangladesh and anr Vs. M/S. Bata Shoe Company (BD) Ltd., 1990, 19 CLC (AD)
....st Secretary (Excise-2), National Board of Revenue. In the result, the appeal is dismissed, but there will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 195. ......ensed premises and selling them without payment of duty; that after unsuccessfully moving an appeal and revision the company deposited on 31st July, 1985 a sum of Tk.24,66,088/45 paisa as outstanding dues and accepted the legal position as enunciated by the Board of Revenue without challenging the s..Category: Fiscal/Taxation Law | Date: | Hits: 114
Akhlasur Rahman and other Vs. Safarullah and others, 1990, 19 CLC (AD)
....mptor an inference of waiver or estoppel should not be readily drawn. He referred to a passage from the judgment of Hamoodur Rahman, J. in the case of Ocean Industries Ltd. Vs. Industrial Development Bank 18 DLR (SC) 364 which reads thus: — "To establish the case of waiver or estoppel it was ne......vision cannot be legally sustained. In the result, therefore, the appeal is allowed and the impugned judgment set aside. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 189. ..Category: Property Law | Date: | Hits: 47