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Hyundai Corporation Vs. Sumikin Bussan Corporation & others, 2001, 30 CLC (AD)
....he High Court Division. In aforestated view of the matter this petition is dismissed with the observations made hereinbefore. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 88. ......ed Quay Gantry Cranes with necessary spare parts and service as per specification of the bidding documents. The Bidder or bidders were required to be of eligible member countries of Asian Development Bank with which Bangladesh has commercial relation. The petitioner and 6 others dropped their respon......he High Court Division. In aforestated view of the matter this petition is dismissed with the observations made hereinbefore. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 88. ..Category: Others | Date: | Hits: 130
Gooryonly (BD) Textile Ltd. Vs. Chartkar Information Holding Ltd. and ors., 2002, 31 CLC (AD)
....ade and is independent of and unqualified by the contract of sale or underlying transaction”. 12. In view of the long standing practice and the principles of International Commercial transaction and Banking system providing uniform customs practice for documentary credit...... for attachment before judgment in order to satisfy any possible decree that may be passed in the suit……(15) Cases Referred to- Kanshi Ram vs Hindustan National Bank Ltd. AIR 1928 Lahore 376; Janata Bank vs Ahanadia Garments 40 DLR 72; Unimarine SA Panama vs B...... J KM Hasan J Gooryonly (BD) Textile Ltd ………………….……….Petitioner Vs. Chartkar Information Holding Ltd. and ors………..… Respondents Judgment ..Category: Civil Law | Date: | Hits: 115
State Vs. Monu Miah and others, 2001, 30 CLC (AD)
....ral also could not point out any illegality or infirmity therein for our interference. Thus the petition is, accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 60. ......ral also could not point out any illegality or infirmity therein for our interference. Thus the petition is, accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 60. ......ral also could not point out any illegality or infirmity therein for our interference. Thus the petition is, accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 60. ..Category: Criminal Law | Date: | Hits: 59
BRAC and others Vs. Professor Mozaffar Ahmed and others, 2002, 31 CLC (AD)
....se appeals. Accordingly, the same are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 36. ......in Writ Petition No.4938 of 1999 by a Division Bench of the High Court Division which was filed as a public interest litigation questioning the validity of certificate dated 4-4-1999 of Bangladesh Bank giving no objection for the incorporation of BRAC Bank Limited by Bangladesh Rural Advancement......purchasing shares of a corporate entity whether it is a banking company or otherwise. The terms of SRA 1860 has not put any legal bar to argument its income. BRAC by purchasing shares of BRAC Bank Ltd. is in no way covering itself to or acting as public company limited by shares and the ownershi..Category: Constitutional Law | Date: | Hits: 199
Akbar Hossain (Md) Vs. MD, Agrani Bank and others, 2002, 31 CLC (AD)
.... In view of the above, the petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 21. ...... Akbar Hossain (Md)…………………………. Petitioner Vs. MD, Agrani Bank and others ………………Respondents Judgment ...... In view of the above, the petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 21. ..Category: Employment/Service Law | Date: | Hits: 83
S. M. Iqbal Hossain Vs. Managing Director, I F I C Bank Ltd., 2006, 35 CLC (AD)
....that the High Court Division took a correct view in the matter and as such the impugned judgment does not call for our interference. The petition is, therefore, dismissed. Ed. ......Ruhul Amin J Amirul Kabir Chowdhury J S. M. Iqbal Hossain................. Petitioner Vs. Managing Director, International Finance Investment and Commerce (IFIC) Bank Ltd. Head Office, Bangladesh Shilpa Bank Bhaban, 17-18 Floors, 8, RAJUK Avenue, Motijheel, Dh...... Amin J Amirul Kabir Chowdhury J S. M. Iqbal Hossain................. Petitioner Vs. Managing Director, International Finance Investment and Commerce (IFIC) Bank Ltd. Head Office, Bangladesh Shilpa Bank Bhaban, 17-18 Floors, 8, RAJUK Avenue, Motijheel, Dhaka-1..Category: Employment/Service Law | Date: | Hits: 78
M/S. Noor Crokaries and another Vs. Islami Bank Bangladesh Ltd. and others, 2006, 35 CLC (AD)
....ourt Division has rightly passed the impugned order and no interference is called for. In the aforesaid, premises, we find no merit in this petition and accordingly, it is dismissed. Ed. ......hammad Fazlul Karirn J Syed J. R. Mudassir Husain J Abu Sayeed Ahamed J M/S. Noor Crokaries and another................................ Petitioners Vs. Islami Bank Bangladesh Ltd. and others…….................. Respondents Lawyers Involv......arirn J Syed J. R. Mudassir Husain J Abu Sayeed Ahamed J M/S. Noor Crokaries and another................................ Petitioners Vs. Islami Bank Bangladesh Ltd. and others…….................. Respondents Lawyers Involved: Mr. M..Category: Banking Law | Date: | Hits: 120
Md. Yousuf Ali Vs. Kazi Syed Shamsul Hoque and others, 2006, 35 CLC (AD)
....esident' means a person having essentially a permanent residence. The word residence has been defined, on the basis of various judicial pronouncements of higher courts in Mitra’s Legal & Commercial Dictionary [fourth edition at page 677] to be that 'connotes that a person e......n cannot be sustained and so the appeal should be allowed. 22. The appeal is, therefore, allowed. In the facts and circumstances we direct the parties to bear their own costs. Ed. ......n cannot be sustained and so the appeal should be allowed. 22. The appeal is, therefore, allowed. In the facts and circumstances we direct the parties to bear their own costs. Ed. ..Category: Constitutional Law | Date: | Hits: 178
Md. Anarul Islam and others Vs. State and another, 2006, 35 CLC (AD)
....he company may proceed against the accused-appellants for the allegations in the petition of complaint in the appropriate forum and in accordance with law. Ed. This Case is also Reported in: ......No.1 was made Managing Director and the accused appellant No.2 was made one of the Directors of the Board of Directors; that on 15.9.1993, a cheque amounting to Tk.42,093/- was issued from the Rupali Bank at Rangpur Branch as part of the loan and the accused appellant without submitting the cheque t......Class, Combined Criminal Court, 'Ka' Anchal, Gaibandha alleging, inter alia, that at the instigation of the accused Nos.3 and 4 the complainant established a company namely Raqib Food Industries Pvt. Ltd. at Gaibandha and the same was registered duly by the Registrar of Joint Stock Company and..Category: Criminal Law | Date: | Hits: 50
A. R. A. Jute Mills Limited Vs. Janata Bank and others, 2006, 35 CLC (AD)
....t the High Court Division correctly decided the matter and as such it does not call for our interference. 24. In view of the discussion made above, the petition is dismissed. Ed. ...... Mohammad Fazlul Karim J M. M. Ruhul Amin J Md. Tafazzul Islam J Amirul Kabir Chowdhury J A. R. A. Jute Mills Limited….......Petitioner Vs. Janata Bank and others........ Respondents Judgment 5 January, 2006 Case Referred T......t the High Court Division correctly decided the matter and as such it does not call for our interference. 24. In view of the discussion made above, the petition is dismissed. Ed. ..Category: Banking Law | Date: | Hits: 121
Md. Ashaduzzaman Vs. Bangladesh, 2006, 35 CLC (AD)
....pal amount he borrowed from the Bank. In the above facts and circumstances of the case, we find no merit in the leave petition. Accordingly, the petition is dismissed. Ed. ......not be said to be a bank loan defaulter unless the bank obtains a decree against him. Mr. Huq further submits that the respondent No.4 has already paid up the principal amount he borrowed from the Bank. In the above facts and circumstances of the case, we find no merit in the leave petiti......pal amount he borrowed from the Bank. In the above facts and circumstances of the case, we find no merit in the leave petition. Accordingly, the petition is dismissed. Ed. ..Category: Election Law | Date: | Hits: 120
Md. Saifur Rahman Emam Vs. Government of Bangladesh, 2006, 35 CLC (AD)
....ering the facts and circumstances of the case, we do not find any cogent reason to interfere with the judgment of the High Court Division. 8. Accordingly the petition is dismissed. Ed. ......per of the writ petitioner was declared invalid by the Returning Officer on the ground that he is a bank loan defaulter, as per papers submitted before the Returning Officer by the Manager, Rupali Bank Limited, Debuapur Branch, Patuakhali showing that an amount of Tk. 1,82.10,366/- was due to th......ering the facts and circumstances of the case, we do not find any cogent reason to interfere with the judgment of the High Court Division. 8. Accordingly the petition is dismissed. Ed. ..Category: Election Law | Date: | Hits: 119
Md. Habibur Rahman Vs. M/S. Uttara Bank Ltd., 2005, 34 CLC (AD)
....No.55 of 1990/82 of 1982 that no cause of action arose within the jurisdiction of the 5th Court of Subordinate Judge, Dhaka where defendant No.1 i.e. the Uttara Bank, Corporate Office, 90, Motijheel, Commercial Area, Dhaka, is located, that no transaction between the Uttara Bank, Branch at Rangpur a......urt Appellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Md. Habibur Rahman.........................Appellant. Vs. M/S. Uttara Bank Ltd., represented by its Managing Director and others….…… Respondents Judgment Ju...... Appellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Md. Habibur Rahman.........................Appellant. Vs. M/S. Uttara Bank Ltd., represented by its Managing Director and others….…… Respondents Judgment July 31..Category: Civil Law | Date: | Hits: 130
Al-haj Mohammad Seraj-ud-Dowla and others Vs. The Secretary, Ministry of works, 2006, 35 CLC (AD)
....tant Judge, 4th Court, Dhaka on 11-7-1992 against the present respondent for a declaration that the tender accepted by the defendant-respondent on 28-5-1985 in respect of holding No. 68, Motijheel Commercial Area, Dhaka from Mr. Altaf Hossain is illegal, collusive and void. Thereafter the suit w......ommitted any error or illegality and no case for interference by this Division has been made out, we find no merit in the petition for leave to appeal. Accordingly, it is dismissed. Ed. ......ommitted any error or illegality and no case for interference by this Division has been made out, we find no merit in the petition for leave to appeal. Accordingly, it is dismissed. Ed. ..Category: Property Law | Date: | Hits: 54
Siddique Ahmed Chowdhury & others Vs. Gani Ahmed and others, 1979, 8 CLC (AD)
....is is a question of fact and hardly arises in this appeal by special leave. For the foregoing reason, we dismiss the appeal with costs. Ed. This Case is also Reported in: 33 DLR (AD) 1. ......bi A.I.C. 39 9 (P.C) 21; Lala Kundan Lai vs. Mt Musharrafi Begum A.I.R. 1931 (P.C) 207; Ramanamma vs. Virunna A.I.R. 1931 (P. C).100; Musammat Kamawati vs. Kunwar Digbijoi Singh 26 C.W.N. 490 (P.C.); Bank of Khulna vs. Joti Prokash Milra 45 C.W.N. 25; Chinta Dasya vs. Bhaluka Das, 51 C.L.J-465, 59 C......8 P.C. 303; Ramanama Vs. Marina Virunna AIR 1931 P.C 100; Lola Kundan Lai vs. Mst. Musharrafi Begum 63 LA. 326-1936 P.C. 207; Sikandar Begum vs. Julfikar Wall Khan A.I.R, 1938 P.C. 38; Bank of Khulna Ltd. vs. Jyoti Proksih Mara, 67 I.A, 377—45 C, W.N. 159; Hem Chandra Roy Chowdhury vs. Suradhani D..Category: Property Law | Date: | Hits: 53
Director of Taxation & Excise, Govt of East Pak. (now BD) Vs. Mehdi Ali Khan Panni, 1980, 9 CLC (AD)
....y order as to costs. ORDER OF THE COURT According to the majority view the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 138 ......iven that after meeting the expenses for monthly allowances and religious affairs the amount left as excess shall go to form a Reserve Fund. The Mutwalli shall keep the said money in deposit with a Bank or a Post Office. With further direction that if for any unavoidable reason any one of the Wakf......t part of clause (b) of section 4. Cases Referred to- Khurram Khan Panni vs. Commissioner of Agricultural Income-tax, 17 DLR (1S65) 286; Commissioner of Inland Revenue vs. Mutual Investment Co. Ltd., (1966) 2 AC 587 at 595; Fazlul Rabbi vs. The State of West Bengal AIR (1965) (SC) 1722; Abdul ..Category: Trust/Waqf Law | Date: | Hits: 239
A. Z. Rafique Ahmed Vs. BD Council of Scientific and Industrial Research & ors, 1980, 9 CLC (AD)
....ion is set aside and it is declared that the order of dismissal of the appellant is without any lawful authority and of no legal effect. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 83 ......ion is set aside and it is declared that the order of dismissal of the appellant is without any lawful authority and of no legal effect. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 83 ......ion is set aside and it is declared that the order of dismissal of the appellant is without any lawful authority and of no legal effect. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 83 ..Category: Employment/Service Law | Date: | Hits: 130
Abul Khair Miah being dead his heirs: Abul Kashem and ors Vs. Bangladesh & ors, 1980, 9 CLC (AD)
....vision is set aside and the impugned order of the Enemy Property authority is declared to be illegal and without any lawful authority. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 29 ...... in turn, sold the same to Kamini Kumar Nath by a registered Kabala dated 27.10 43. Kamini Kumar Nath was in possession of the property since his purchase. Kamini Kumar mortgaged the property to Nath Bank (Pakistan) Ltd. by a registered deed of mortgage dated 28-12- 44. The Bank filed Mortgage Suit ......he same to Kamini Kumar Nath by a registered Kabala dated 27.10 43. Kamini Kumar Nath was in possession of the property since his purchase. Kamini Kumar mortgaged the property to Nath Bank (Pakistan) Ltd. by a registered deed of mortgage dated 28-12- 44. The Bank filed Mortgage Suit No. 84 of 1954 i..Category: Property Law | Date: | Hits: 58
Al-HaJ Mirjahan Vs. Golden Biscuit Co., 1993, 22 CLC (AD)
.... order of the High Court Division allowing the tenant's application for making deposit of rent. 5. Both the petitions are dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 166 ......h requires that rent is to be paid or tendered personally by the tenant to the landlord. If, for instance, the landlord resides in a different place, the tenant may send the rent by Money Order or by Bank Cheque or Bank Draft according to any arrangement between the landlord and the tenant. In the i...... order of the High Court Division allowing the tenant's application for making deposit of rent. 5. Both the petitions are dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 166 ..Category: Tenancy Law | Date: | Hits: 71
Suruzzamal Vs. Bangladesh, 1993, 22 CLC (AD)
....officers in connection with the property in question. This property, as claimed by the petitioner, belonged to a Bangladeshi, named Dr. Shamim who had taken loan from Rupali Bank, previously Muslim Commercial Bank, in June 1970 but could not repay the loan. Thereupon the bank filed a Money Suit,......ed by the respondent's officers in connection with the property in question. This property, as claimed by the petitioner, belonged to a Bangladeshi, named Dr. Shamim who had taken loan from Rupali Bank, previously Muslim Commercial Bank, in June 1970 but could not repay the loan. Thereupon the b......up these appeals soon, the Bench will take Ste for their disposal by some other Bench. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 164 ..Category: Property Law | Date: | Hits: 101
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