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Messrs Al-Haj Oil Mills Ltd. Vs. Wilmer Trading (Pvt.) Ltd. & Ors., 2006, 35 CLC (AD)
....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. ......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......Supreme Court Appellate Division (Civil) Present: Syed J.R. Mudassir Husain CJ M.M. Ruhul Amin J Amirul Kabir Chowdhury J Messrs Al-Haj Oil Mills Ltd..................Petitioner Vs Wilmer Trading (Pvt.) Ltd. & Ors...........Resp..Category: Business or Commercial Law | Date: | Hits: 121
M.A. Sukkur Vs. Md. Zahirul Haque and another, 2005, 34 CLC (AD)
....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. ......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 ......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
Department of Narcotics Control Vs. Crown Beverage Ltd., 2006, 35 CLC (AD)
....tment of Narcotics Control Represented by its Director General 1, Segunbagicha Dhaka and another............... Petitioners Vs. Crown Beverage Ltd. Senakalyan Bhaban (12th Floor) 195, Motijheel Commercial Area, Dhaka and another ...........Respondents Judgement April 26, 2006. Civil......sposal of the appeal. The petitioners are directed to make the appeal ready within 3 (three) months from date for expeditious disposal. Ed. This Case is also Reported in: III ADC (2006) 924. ...... Ruhul Amin J Amirul Kabir Chowdhury J Department of Narcotics Control Represented by its Director General 1, Segunbagicha Dhaka and another............... Petitioners Vs. Crown Beverage Ltd. Senakalyan Bhaban (12th Floor) 195, Motijheel Commercial Area, Dhaka and another ...........Res..Category: Criminal Law | Date: | Hits: 76
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. ...... 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)
....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. ......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...... Division (Civil) Present: Md Ruhul Amin J Md Fazlul Karim J MM Ruhul Amin J Md. Tafazzul Islam J Amirul Kabir Chowdhury J Esquire Electronics Ltd......................Petitioner Vs. Bangladesh represented by the Secretary, Min..Category: Fiscal/Taxation Law | Date: | Hits: 126
Bangladesh Bank Vs. Sk. Abul Hossain and others, 2007, 36 CLC (AD)
.... 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. ......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)
....rding calculations made by the trial Court in respect of the claims of the parties for passing decree in part. So, there is no need of discussing those. The appeal is dismissed with costs. Ed. ......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......rding calculations made by the trial Court in respect of the claims of the parties for passing decree in part. So, there is no need of discussing those. The appeal is dismissed with costs. Ed. ..Category: Civil Law | Date: | Hits: 109
Bangladesh Agricultural Development Corporation Vs. Artha Rin Adalat and ors., 2006, 35 CLC (AD)
....hury J. -Civil Petition for Leave to Appeal No. 622 of 2004 has been filed at the instance of the writ petitioner-Bangladesh Agricultural Development Corporation (BADC) 49-51. Krishi Bhaban, Dilkusha Commercial Area, Motijheel, Dhaka represented by the Chairman against the judgment and order dated 2......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......ing 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. Lawyer..Category: Business or Commercial Law | Date: | Hits: 135
Akhlasur Rahman and other Vs. Safarullah and others, 1990, 19 CLC (AD)
....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. ......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......us acts on the part of the pre-emptor 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..Category: Property Law | Date: | Hits: 47
Nurul Huq Khan Vs. GM, Sonali Bank, Head Office, Dhaka, Bangladesh and others, 1989, 18 CLC (AD)
....as deprived of procedural protection which was available to him at the initiation of the proceeding. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 179. ...... Shahabuddin Ahmed J MH Rahman J ATM Afzal J Nurul Huq Khan.................…………………………………………….Plaintiff-Petitioner Vs. General Manager, Sonali Bank, Head Office, Dhaka, Bangladesh and ors...………….Defendant- Respondents Judgment ......as deprived of procedural protection which was available to him at the initiation of the proceeding. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 179. ..Category: Employment/Service Law | Date: | Hits: 98
Collector of Customs, Custom House, Chittagong and others Vs. A. Hannan, 1990, 19 CLC (AD)
....opened within 15 (fifteen) days from the date of issue of this Public Notice. (iv) Shipment must be completed within 15 (fifteen) days from the date of opening of each Letter of Credit. (v) Commercial Bank shall be guided by the instructions to be issued by the Bangladesh Bank in this re......thin 15 (fifteen) days from the date of issue of this Public Notice. (iv) Shipment must be completed within 15 (fifteen) days from the date of opening of each Letter of Credit. (v) Commercial Bank shall be guided by the instructions to be issued by the Bangladesh Bank in this regard. 2......., therefore, the principle of promissory estoppel can also be invoked in this case. …………(14 & 20) Cases Referred to- Collector of Central Excise and Customs Vs. Azizuddin Industries Ltd., PLD 1970 (SC) 439; M. Afzal and Sons Vs. Federal Government of Pakistan, PLD 1977 (Lahore) 132..Category: Fiscal/Taxation Law | Date: | Hits: 153
Moslehuddin (Md) Vs. State, 1990, 19 CLC (AD)
....de. Let the appeal be heard afresh and disposed of by the competent Bench of the High Court Division in accordance with law. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 142 & 160. ......gorous imprisonment for further one year by the Divisional Special Judge, Dhaka in Special Case No.96 of 1983 on 14.3.85. 3. It is alleged that the appellant while being an Officer of the Agrani Bank at the Local Office Branch, Motijheel, Dhaka carried on a clandestine business transaction with......de. Let the appeal be heard afresh and disposed of by the competent Bench of the High Court Division in accordance with law. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 142 & 160. ..Category: Criminal Law | Date: | Hits: 52
Fazlul Kader Chowdhury Vs. Cyma Zarrar and another, 2006, 35 CLC (AD)
....Leave is granted to consider the same. Preparation of paper book is dispensed with as prayed for. The petitioner is directed to make the appeal ready for expeditious hearing. Ed. ...... i. e. father-in-law of Cyma Zarrar, Cyma Zarrar herself and Fazlul Kader Chowdhury the second party petitioner jointly instituted Title Suit No. 291 of 1995 for injunction against Arab Bangladesh Bank and the Government. In another suit, being Title Suit No. 88 of 1998 at the instance of the fi......Leave is granted to consider the same. Preparation of paper book is dispensed with as prayed for. The petitioner is directed to make the appeal ready for expeditious hearing. Ed. ..Category: Procedural Law | Date: | Hits: 154
Shabbir Ahmed Chowdhury Vs. State, 2006, 35 CLC (AD)
....find any legal grounds of quash the proceeding and as such the impugned order does not suffer from any error. The petition is found to be without any substance and is thus dismissed. Ed. ......and non-existent firm named M/S Chowdhury and sons, 77 Begum Bazar, Dhaka and the accused petitioner Shabbir Ahmed Chowdhury through one Bakhter Nomanee opened current account No. 1674 with Pubali Bank Limited Shahabag Avenue Branch, Dhaka on the basis of his (the petitioner's) identification an......find any legal grounds of quash the proceeding and as such the impugned order does not suffer from any error. The petition is found to be without any substance and is thus dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 57
Mohammad Junayed Quader Vs. Artha Rin Adalat No.4, Dhaka and others, 2005, 34 CLC (AD)
....ed with as prayed for. Stay granted earlier be further extended till hearing of the appeal The petitioner is directed to make the appeal ready for expeditious hearing. Ed. ......ed above writ petition stating, inter alia, that he is lessee of the property situated at plot No.4, Block No. NW(F), Gulshan Model Town, P.S Gulshan, Dhaka and that the respondent No.2 Janata Bank filed Title Suit No.217 of 1993 for realisation of its dues and obtained preliminary dec......ed with as prayed for. Stay granted earlier be further extended till hearing of the appeal The petitioner is directed to make the appeal ready for expeditious hearing. Ed. ..Category: Civil Law | Date: | Hits: 94
Monzur Murshed Vs. Humayun Majid, 1995, 24 CLC (AD)
....shy;dent on the simple allegation that the appellant has been carrying on a snack bar business under the name and style of M/S. Cafe-Corner in a shop room on the ground floor of 21, Motijheel Commercial Area, Dhaka under the plaintiff at a rental of Tk. 300/- per month. He is a defaulter in......e facts and it apparently made a mistake of fact in coming to the conclusion that the appellant was a defaulter. The appeal is therefore allowed without any order as to costs. Ed. ......e facts and it apparently made a mistake of fact in coming to the conclusion that the appellant was a defaulter. The appeal is therefore allowed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 33
BRDB and others Vs. Md. Idris Ali Akond and others, 1998, 27 CLC (AD)
....fication for making an order of remand as prayed for which will be a ceremony too idle to be permitted. In the result, the appeal is allowed without any order as to cost. Ed. ......Rural Development Board (IRDB) now Bangladesh Rural Development Board (BRDB) in 1973; that he had to his credit commendable service records; that his wife took a loan of Tk.72,000/- from the Sonali Bank, Savar Branch as per decision of the concerned authority and she duly repaid the loan and the ......fication for making an order of remand as prayed for which will be a ceremony too idle to be permitted. In the result, the appeal is allowed without any order as to cost. Ed. ..Category: Employment/Service Law | Date: | Hits: 73
Nur Hussain and other Vs. Jamuna Bank Ltd and others, 2005, 34 CLC (AD)
....ll disposal of the appeal in Civil Petition No.20 of 2004. The petitioners are also permitted to add additional ground in Civil Petition No. 20 of 2004. Ed. This Case is also Reported in: ......No. 20 of 2004) Arifur Rahman and other............Petitioners (In Civil Petition No. 163 of 2004) Alhaj M.A. Khayer...........Petitioner (In Civil Petition No. 06 of 2004) Vs Jamuna Bank Ltd and others..................Respondents (In Civil Petition No. 20 of 2004) Nur Hussain ...... Exim Bank Limited 082164-30.11.2000 10,000,00 First Security Bank Ltd 0041152-03.12.2000 50,00,000.00 First Security Bank Ltd. 004153-06.12.2000 20,00,000.00 Exim Bank Ltd. 021..Category: Banking Law | Date: | Hits: 185
Sekander Ali Howlader and others Vs. State, 1997, 26 CLC (AD)
.... their sentence is reduced to the period already undergone by each of them. The sentence of fine will remain. The accused-appellants may be released from their respective bail bonds. Ed. .......A. Ltd. Kotwali Upazila for distribution amongst the farmers of the said Sanity. The said amount was issued by cheque Number 004688 dated 30.5.1981, deposited in account Number C.C. 56 Sonali Bank, Barisal and was withdrawn on 4.6.1981. Thereafter in collaboration with accused Yunus Ali an......ishak Samabaya Samity Limited under Kotwali police Station, Barisal and accused (4) Yunus Ali Inspector IRDB, Barisal in their above capacity managed a fund of TK. 30,000/- From Chairman K.T.C.C.A. Ltd. Kotwali Upazila for distribution amongst the farmers of the said Sanity. The said amount ..Category: Criminal Law | Date: | Hits: 44
S.M. Redwan Vs. Md. Rezaul Islam, 2004, 33 CLC (AD)
....counsel of the petitioner merit consideration. Leave is granted. Preparation of paper book is dispensed with as prayed for. The Petitioner is permitted to add additional grounds. Ed. ......counsel of the petitioner merit consideration. Leave is granted. Preparation of paper book is dispensed with as prayed for. The Petitioner is permitted to add additional grounds. Ed. ......counsel of the petitioner merit consideration. Leave is granted. Preparation of paper book is dispensed with as prayed for. The Petitioner is permitted to add additional grounds. Ed. ..Category: Criminal Law | Date: | Hits: 50
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