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Sonali Bank Vs. Karnaphuli Works Ltd., 1993, 22 CLC (AD)

....ation as per the existing bank rate when the sum due to the plaintiff was ascertainable by the Court after hearing the parties. Ed. This case is also reported in: 46 DLR (AD) (1994) 55. ...... DLR (AD) (1994) 55. ...... (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Sonali Bank...............Defendant-Appellant Vs. Karnaphuli Works Ltd................. Plaintiff-Respondent Judgment November 29, 1993. Result: The app..

Category: Business or Commercial Law | Date: | Hits: 128

Bangladesh Shilpa Rin Sangstha Vs. Haque Brothers (Carbide) Ltd., 1994, 23 CLC (AD)

....find that our judgment does not need a review. The review petitions are accordingly dismissed. No costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 39 ......find that our judgment does not need a review. The review petitions are accordingly dismissed. No costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 39 ...... Mustafa Kamal J Latifur Rahman J Bangladesh Shilpa Rin Sangstha ……………..Petitioner [In both the cases] Vs. Haque Brothers (Carbide) Ltd. …………..Respondent [In both the cases] Judgment Augus..

Category: Banking Law | Date: | Hits: 125

Bangladesh Vs. Md. Azizur Rahman and Others, 1994, 23 CLC (AD)

....e 4(1) (Kha) and 5(2) of the impugned Rules of 1990 cannot be declared to be void as those are not violative of the fundamental rights. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 19. ......f Tamil Nadu, AIR 1987 (SC) 2117; Abdul Majid Vs. Mushafi Ahmed, 17 DLR (SC) 131: GM Southern Rly Vs, Rangachari, AIR 1962 (SC) 36 and Mohd. FaizuIla Vs. Government of Bangladesh, 1981 BLD 1; Reserve Bank of India Vs. Sahasranaman, AIR 1986, (SC) 1830; KS Vora Vs. State of Gujrat, AIR 1987(SC), 2348......e 4(1) (Kha) and 5(2) of the impugned Rules of 1990 cannot be declared to be void as those are not violative of the fundamental rights. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 19. ..

Category: Employment/Service Law | Date: | Hits: 97

Bangladesh Bank and others Vs. Mohammad Abdul Mannan, 1994, 23 CLC (AD)

....unal is set aside and that of the Administrative Tribunal is restored. Parties are to bear their respective costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 1. ......ivil) Present:  Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Bangladesh Bank and others .......  Appellants Vs. Mohammad Abdul Mannan..............unal is set aside and that of the Administrative Tribunal is restored. Parties are to bear their respective costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 1. ..

Category: Administrative Law | Date: | Hits: 149

Sharif Nurul Ambia Vs. Dhaka City Corporation represented by its Mayor and others, 2006, 35 CLC (AD)

....this order. The respondent Nos. 1 and 5 are directed to stop construction of the multi-storied building and to demolish the structure, if any, already constructed. Ed.   ......n storied commercial building without complying the provisions of Act, 1952 and without observing all the formalities; the application form for submission of plan was not purchased from the Agrani Bank, RAJUK Branch and prescribed fee for approval of plan was also not submitted and no paper or d......this order. The respondent Nos. 1 and 5 are directed to stop construction of the multi-storied building and to demolish the structure, if any, already constructed. Ed.   ..

Category: Environmental Law | Date: | Hits: 293

Kader Textiles (Pvt) Ltd. and another Vs. Md. Lehajuddin Miah, and others, 2006, 35 CLC (AD)

....ection 233 of the Company law and thus in passing the impugned judgment and order. Therefore, we do not find merits in this leave petition. Accordingly, this leave petition is dismissed. Ed. ......rsonal guarantee in favour of the bank and the respondent No. 4 and his wife mortgaged their properties to secure repayment of the loan taken by the respondent company. In the meantime, the Agrani Bank filed Title Suit No. 8 of 1992 in the Court of the Subordinate Judge and Artha Rin Court No. 1...... Supreme Court Appellate Division (Civil) Present: M Reza Chowdhury CJ Syed JR Mudassir Husain J Abu Sayeed Ahammed J Kader Textiles (Pvt) Ltd. and another................Petitioners Vs. Md. Lehajuddin Miah, and others.....

Category: Business or Commercial Law | Date: | Hits: 86

Bangladesh Bank Vs. Rana Awan and others, 2006, 35 CLC (AD)

.... the  official(s)  who was/were responsible for the default. Let a copy of the judgment be sent to the Ministry of Finance, Ministry of Works and also to the Solicitor. Ed. ...... ...... the  official(s)  who was/were responsible for the default. Let a copy of the judgment be sent to the Ministry of Finance, Ministry of Works and also to the Solicitor. Ed. ..

Category: Civil Law | Date: | Hits: 104

Agrani Bank. Vs. Ansarul Hoque and ors, 2006, 35 CLC (AD)

.... Division cannot be sustained. Accordingly, the appeal is allowed without any order as to costs and the judgment and order passed by the High Court Division is set aside. Ed. ...... Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Agrani Bank........................Appellant Vs. Ansarul Hoque and ors................Res......bsp;                      Payment Order Ansarul Huque Bengal Techno Consult Ltd. 14/1, Abhoy Das Lane, Bangladesh.   Agrani Bank. Hatk..

Category: Banking Law | Date: | Hits: 101

Rajdhani Unnayan Kartripakha Vs. Abdul Jakir and others, 2006, 35 CLC (AD)

....rial Court decreed the suit by judgment and decree dated 30-11-1997. The defen­dant-appellant preferred Title Appeal No.48 of 1998. The learned Subordinate Judge (now Joint District Judge), 2nd Commercial Court, Dhaka dismissed the appeal by judgment and order dated 29-7-1998. The defendant m......, therefore, allowed. The impugned judgment and order of the High Court Division is set aside. Resultantly the suit stands dismissed. Parties do bear their respective costs. Ed. ......, therefore, allowed. The impugned judgment and order of the High Court Division is set aside. Resultantly the suit stands dismissed. Parties do bear their respective costs. Ed. ..

Category: Property Law | Date: | Hits: 51

Agrani Bank and other Vs. Essential Garments Ltd. and others, 2006, 35 CLC (AD)

....petition. 23. In the background of our discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed without any order as to cost. Ed. ...... ...... Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Agrani Bank and other........................Appellants Vs. Essential Garments Ltd. and others...............Respondents Judgment January 24, 2006. The Con..

Category: Banking Law | Date: | Hits: 121

Abdul Mannan Vs. Tayeb Ali and others, 2006, 35 CLC (AD)

....rit. 16.  In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. ......rit. 16.  In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. ......rit. 16.  In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. ..

Category: Property Law | Date: | Hits: 66

Abdul Kader Vs. Secretary, Election Commis­sion and others, 2006, 35 CLC (AD)

....f their duties." 8. In view of the above, we do not find any substance in the submissions of the learned Advocate for the petitioner. The petition is dismissed Ed. ...... Judgment October 23, 2005. The Local Government (Union Parishads) Ordinance, 1983 (LI of 1983), Section 7(2)(g) The question of rescheduling of loan by a defaulter by the Bank does not find place in section 7 (2) (g) of the Ordinance. Consequently reschedu­ling does......f their duties." 8. In view of the above, we do not find any substance in the submissions of the learned Advocate for the petitioner. The petition is dismissed Ed. ..

Category: Election Law | Date: | Hits: 106

Government of Bangla­desh Vs. Amora Holding Inc. Panama and other, 2006, 35 CLC (AD)

.... not sustainable in law and the same is accordingly, set aside and accordingly, the Rule is recalled. In the result, the appeal is allowed without any order as to costs. Ed. ......arim J.- This appeal by leave arose out of impugned judgment and order of the High Court Division dated 10-6-1998 making the rule absolute in Writ petition 1515 of 1998 and directing return of the Bank guarantee furnished by the writ-petitioner and the sale proceed of the confiscated vessel and ......o the respondent. 2. Messrs Amora Holding Inc., the respondent, filed writ petition No. 1515 of 1998 under Article 102 of the Constitution through its local agent Messrs Mariner Bangladesh Ltd. impugning the order dated 16-6-88 passed by the respondent Nos. 1-3 to the writ-petition in it..

Category: Business or Commercial Law | Date: | Hits: 96

Sonali Bank Vs. United Commercial Bank Ltd. and others, 1992, 21 CLC (AD)

....n J ATM Afzal J Mustafa Kamal J Latifur Rahman J Sonali Bank .........................................................Plaintiff-Appellant  Vs. United Commercial Bank Ltd. and others................ Defendant-Respondents Judgment March ......asers. Ed. ......fzal J Mustafa Kamal J Latifur Rahman J Sonali Bank .........................................................Plaintiff-Appellant  Vs. United Commercial Bank Ltd. and others................ Defendant-Respondents Judgment March 30th 1992. ..

Category: Business or Commercial Law | Date: | Hits: 124

Mohammad Eunus and Brothers (Pvt) Ltd. Vs. Registrar, University of Chittagong ,1992, 21 CLC (AD)

.... considered. But in the present case interest was set aside by my learned brother by giving good reasons on the fact of this case. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 296. ......ay interest at the rate of 18% and this part of the award is fully provided for in Article 25 of the Tender Document. 34. Mr. Khandker Mahbubuddin Ahmed submitted that the respondent furnished Bank guarantee for the amount mentioned in the arbitration before filing of an application under sec......llate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Mohammad Eunus and Brothers (Pvt) Ltd. ........................Appellant. Vs. Registrar, University of Chittagong ........

Category: Alternative Dispute Resolution | Date: | Hits: 202

Qazi Karnal Vs. Rajdhani Unnayan Kartripakha and another, 1992, 21 CLC (AD)

....bsolute and it is hereby directed that the name of the appellant be mutated in place of the original lessee Md. Abdul Matin, in the relevant registers and papers of the respondents. Ed. ......by a letter dated 29.12.85 agreed to consider the prayer for permission provided a sum of Tk. 9,819.00 was deposited as transfer fee within 2 months. The said amount was deposited in the designated Bank on 29.12.85 as transfer fee and thereafter the Deputy Director (Estates), former DIT, informed......bsolute and it is hereby directed that the name of the appellant be mutated in place of the original lessee Md. Abdul Matin, in the relevant registers and papers of the respondents. Ed. ..

Category: Property Law | Date: | Hits: 110

Managing Director, Rupali Bank Limited and others Vs. Tafazal Hossain and others, 1992, 21 CLC (AD)

....matter the decree passed in the suit is void. The result, therefore, is that this appeal is allowed, the impugned decree is set aside and the suit is dismissed. No order as to cost. Ed. ......e Court Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J Mustafa Karnal J Latifur Rahman J Managing Director, Rupali Bank Limited and others…………….Appellants Vs. Tafaza......matter the decree passed in the suit is void. The result, therefore, is that this appeal is allowed, the impugned decree is set aside and the suit is dismissed. No order as to cost. Ed. ..

Category: Administrative Law | Date: | Hits: 130

Sonali Bank and others Vs. Gazi Abdur Rashid and others, 1992, 21 CLC (AD)

....not allowed but we allow interest on the decretal sum of Tk. 15,39,300.00 @ 7.1/2% per annum from the date of the institution of the suit upto the date of decree of this Court. Ed. ...... Supreme Court Appellate Division (Civil) Present: MH Rahman J Mustafa Kamal J Latifur Rahman J Sonali Bank and others ......................................Appellants Vs. Gazi......not allowed but we allow interest on the decretal sum of Tk. 15,39,300.00 @ 7.1/2% per annum from the date of the institution of the suit upto the date of decree of this Court. Ed. ..

Category: Business or Commercial Law | Date: | Hits: 99

Habibur Rahman Vs. Sree Jogiswar Roy Chowdhury Chand and others, 1992, 21 CLC (AD)

....is outside of the net. For the above reasons we find no ment in the appeal. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 247. ......oney but Rajeshwar neither accepted the same nor executed the kabala in favour of the plaintiffs. It transpired later on that the suit property was under mortgage with the Arya Lakshmi Co‑operative Bank Ltd., Defendant No. 2 (respondent No. 3 herein). After the death of Rajeshwar defendant No. 2 c......but Rajeshwar neither accepted the same nor executed the kabala in favour of the plaintiffs. It transpired later on that the suit property was under mortgage with the Arya Lakshmi Co‑operative Bank Ltd., Defendant No. 2 (respondent No. 3 herein). After the death of Rajeshwar defendant No. 2 collud..

Category: Property Law | Date: | Hits: 82

Guiness Peat (Trading) Limited Vs. Md. Fazlur Rahman, 1992, 21 CLC (AD)

....thin the jurisdiction of the court where the plaint was filed. We find no good ground to interfere with the concurrent order of the courts below. The appeal is dismissed with costs. Ed. ......th March, 1982 to sell 150 metric tons of skimmed milk of Hungarian origin as per specifications. After accepting the offer the plaintiff opened on 12th March, 1982 a Letter of Credit with Rupali Bank, Dilkusha Branch, Dhaka. The defendant by submitting documents against the Letter of Credit re...... Md. Fazlur Rahman. ................ Respondents Judgment January 29th, 1992. Cases Referred To: Stephens & Co. Vs. Auerbach reported in 1908 (2) KB 161; Entores Ltd. Vs. Miles Far East Corporation 1955 (2) QBD 327; Champaklal Vs. Nectar Tea Co. AIR 1933 Bom, 1..

Category: Business or Commercial Law | Date: | Hits: 124