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Energy Prima Ltd Vs. People's Republic of Bangladesh and others, 2012, 41 CLC (HCD)

....anted earlier by this Court is hereby vacated accordingly. There is no order as to costs. Communicate this judgment at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 67 ......harged. Cases Referred to- State of UP Vs. Bridge & Roof Co. (India) Ltd. Reported in AIR 1996 SC 3515 at 3520; Kanaiyalal Lalchand Sachdey Vs. State of Maharrashtra, 2 SCC 782; Central Bank of India Vs. Devi Ispat Ltd, 11 SCC 186; Empire jute Company Limited Vs. Jute Corporation of In......ion) Present: Md. Ashfaqul Islam J Md. Ashraful Kamal J Energy Prima Ltd……………………………...Petitioner Vs. People's Republic of Bangladesh and others...............Respondents Judgment ......anted earlier by this Court is hereby vacated accordingly. There is no order as to costs. Communicate this judgment at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 67 ..

Category: Business or Commercial Law, Constitutional Law | Date: 29 Jul, 2012 | Hits: 6

Securities and Exchange Commission Vs. Dona Securities and others, 2012, 41 CLC (AD)

....ellant is directed to file the concise statements within 4 (four) weeks from the date of receipt of the leave grant­ing order. Ed. This Case is also Reported in:  9 ADC (2012) 802. ......ellant is directed to file the concise statements within 4 (four) weeks from the date of receipt of the leave grant­ing order. Ed. This Case is also Reported in:  9 ADC (2012) 802. ...... Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Muhammad Imman Ali J Md. Shamsul Huda J Securities and Exchange Commission repre­sented by its Chairman.......Petitioner Vs. Dona Securities Chamber Building (2nd floor) 122-124, Motijheel C/A, Dhaka and others ........... (Criminal) Present: Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Muhammad Imman Ali J Md. Shamsul Huda J Securities and Exchange Commission repre­sented by its Chairman.......Petitioner Vs. Dona Securities Chamber Building (2nd floor) 122-124, Motijh..

Category: Business or Commercial Law | Date: 10 Apr, 2012 | Hits: 212

M/s. Sadharan Bima Corporation Vs. United Fish Exports Limited and others, 2012, 41 CLC (AD)

....t that there is no merit in these Civil Petitions for leave to appeal and in the circumstances both the civil petitions are dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 563. ......as a private limited company incorporated on 31st December, 1987 and had been carry­ing on fish processing and exporting busi­ness since 1988 at huge expenses with the financial help of M/S. Janata Bank. That the plaintiff insured their plaint and factory machineries as well as stock of frozen fis...... Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J M/s. Sadharan Bima Corporation.........................Petitioner (In both the cases) Vs. United Fish Exports Limited and others.................Respondents (In both the cases) ......t that there is no merit in these Civil Petitions for leave to appeal and in the circumstances both the civil petitions are dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 563. ..

Category: Business or Commercial Law | Date: 26 Feb, 2012 | Hits: 616

SS Enterprise Vs. Government of Bangladesh others, 2012, 41 CLC (HCD)

....tioner to represent his case properly. With this observation the Rule is disposed of. Communicate this order at once. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 86. ...... the release of the imported goods on furnishing a continuing bank Guarantee for the differential amount and accordingly the petitioner vide Annexure- 'K' to the Supplementary Affidavit furnished the Bank Guarantee and got the goods released and thereafter as per law he placed his case before the re......Division (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J Mustafa Zaman Islam J SS Enterprise…………………..............................Petitioner Vs. Government of Bangladesh others………………………Respondents Judgment Ja......tioner to represent his case properly. With this observation the Rule is disposed of. Communicate this order at once. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 86. ..

Category: Business or Commercial Law | Date: 10 Jan, 2012 | Hits: 102

Professor Mahbub Ahmed and others Vs. Securities and Exchange Commission, 2011, 40 CLC (HCD)

.... preferably within 6(six) months from the date of the receipt of this judgment. Communicate the Judgment and order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 87. ...... preferably within 6(six) months from the date of the receipt of this judgment. Communicate the Judgment and order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 87. ......yetur Rahim J Sheikh Md. Zakir Hossain J                 Professor Mahbub Ahmed and others.......Petitioners Vs. Securities and Exchange Commission...............Opposite-Party Judgment November...... preferably within 6(six) months from the date of the receipt of this judgment. Communicate the Judgment and order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 87. ..

Category: Business or Commercial Law, Criminal Law | Date: 23 Nov, 2011 | Hits: 9

Tae Hung Packaging (BD) Limited and others Vs. Bangladesh and others, 2011, 40 CLC (HCD)

....s. Northumberland Compensation Appeal Tribunal, 1952 1 All ER 122; Satyanarayan Vs. Malli-karun, AIR 1960 SC 137; Achutananda Baidya Vs. Profulla Kumar Gayen, AIR 1997 SC 2077; Harun-Or-Rashid Vs. Pubali Bank 60 DLR (AD) 18; Haryana Vs. Bhajan Lal, AIR 1992 (SC) 604; Babul Vs. Deputy Commjssion,......humberland Compensation Appeal Tribunal, 1952 1 All ER 122; Satyanarayan Vs. Malli-karun, AIR 1960 SC 137; Achutananda Baidya Vs. Profulla Kumar Gayen, AIR 1997 SC 2077; Harun-Or-Rashid Vs. Pubali Bank 60 DLR (AD) 18; Haryana Vs. Bhajan Lal, AIR 1992 (SC) 604; Babul Vs. Deputy Commjssion, Noakha...... Md. Abdul Wahhab Miah J Md. lmman Ali J   Md. Mamtaz Uddin Ahmed J Md. Shamsul Huda J Tae Hung Packaging (BD) Limited and others..................Appellants Vs. Bangladesh and others....................................Respondents Judgment ......edly in collusion with each others fabricated a number of Board Meetings and Resolutions of Tea-Hung Packa­ging (BD) Limited, a foreign investment company in Bangladesh in which Bo-Sun Park is the Chairman. The accused-persons manufactured some false and forged documents with a view to prevent ..

Category: Business or Commercial Law | Date: 20 Jul, 2011 | Hits: 39

Bangladesh Shilpa Rin Sangstha (BS-RS) Vs. She Shipping Judgment Lines Limited and others, 2010, 39 CLC (AD)

....rther compensa­tion calculated at the rate of bank interest prevalent at the time of the institution of the suit. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 66.   ...... of interest can be taken into consideration....... (30) Case Referred to- Webb Vs. Stanton, (1883) 11 QBD 518; O'Driscoll Vs. Manchester Insurance Committee, (1915) 3 KB 499 and Sonali Bank Vs. M/s Karnaphuli Works Ltd, 2 BLT (AD) 78 = 46 DLR (AD) 55 . Lawyers Involved: AKM ...... (Civil) Present: ABM Khairul Haque CJ Md. Muzammel Hossain J SK Sinha J      Bangladesh Shilpa Rin Sangstha (BS-RS)...............Appellant Vs. She Shipping Judgment Lines Limited and others............Respondents Judgment De......rther compensa­tion calculated at the rate of bank interest prevalent at the time of the institution of the suit. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 66.   ..

Category: Business or Commercial Law, Labour and Industrial Law | Date: 13 Dec, 2010 | Hits: 10

Nuvista Pharma Limited Vs. Chairman, National Board of Revenue & ors, 2010, 39 CLC (AD)

....der. In the premises we do not find any merit in the leave petition. In the result, the leave petition is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 302. ......Chairman, National Board of Revenue & ors......Respondents Judgment January 4, 2010. Result: The leave petition is dismissed. Cases Referred to- Injunction on the Bank Guarantee cannot sustain in view of the decision of the Uttara Bank Vs. Macneill & Kilburn...... (Civil) Present: ABM Khairul Haque CJ Md. Muzammel Hossain J Surendra Kumar Sinha J   Nuvista Pharma Limited...............................Petitioner Vs. Chairman, National Board of Revenue & ors......Respondents Judgment January......il) Present: ABM Khairul Haque CJ Md. Muzammel Hossain J Surendra Kumar Sinha J   Nuvista Pharma Limited...............................Petitioner Vs. Chairman, National Board of Revenue & ors......Respondents Judgment January 4, 2010...

Category: Business or Commercial Law | Date: 4 Jan, 2010 | Hits: 4

R.K. Jute Mills Ltd. Vs. Government of Bangladesh and others, 2006, 35 CLC (HCD)

..... The Rule is discharged without any order as to costs. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 579. ......y settled the claim by paying Tk. 1,11,56,510.00 out of the total claim of Tk. 2,00,00,000.00. The settled amount was credited in the loan account of the petitioner company maintained with the Janata Bank as the goods were hypothecated with the said bank. Long thereafter, the respondent No.4 on 02.1...... Dilkusha Commer­cial Area, Motijheel, Dhaka……………………………………………Petitioner Vs. Government of Bangladesh and others…………………....... The Rule is discharged without any order as to costs. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 579. ..

Category: Business or Commercial Law | Date: 3 Aug, 2006 | Hits: 5

M/S. Diplomat Garment (Pvt.) Ltd. Vs. The Commissioner of Customs, Customs House, Dhaka & ors., 2006, 35 CLC (HCD)

....Bond/96/17407, evidenced by Annexure-E to the Writ Petition, is declared to be without lawful authority and of no legal effect. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 471. ......ned Advocate appearing for the petitioner referring to Annexure-F-1 as wells as Annexure-E to the Writ Petition and Annexure-G to the supplementary affidavit dated 15.9.2005 submitted that the Sonali Bank has confirmed by issuing certificate bearing No.RAM/FE/3241 dated 27.8.2001 issued by its Ramna......ment (Pvt.) Ltd……………………………………………………….Petitioner Vs. The Commissioner of Customs, Customs House, Dhaka & ors…………......Bond/96/17407, evidenced by Annexure-E to the Writ Petition, is declared to be without lawful authority and of no legal effect. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 471. ..

Category: Business or Commercial Law, Civil Law | Date: 25 May, 2006 | Hits: 5

National Securities and Consultant Ltd. Vs. Chairman, Securities and Exchange Commission, 2006, 35 CLC (HCD)

.... In the result, the Rule is discharged. Communicate the judgment and order immediately to the parties concerned. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 57. ...... 2001 issue of the English Daily "Financial Express" the respondent even impli­cated a former Director of the petitioner com­pany, Shahjahan Kabir, a renowned banker and founder Chairman of EXIM Bank Ltd. a pri­vate sector Bank of the country, in their case, whereas Mr. Kabir was in death bed......risdiction) Present: Md. Muzammel Hossain J Farid Ah­med J National Securities and Consultant Ltd……………………………………………………..Petitioner Vs. The Chairman Securities and Exchange Commission………………………………Respon...... Present: Md. Muzammel Hossain J Farid Ah­med J National Securities and Consultant Ltd……………………………………………………..Petitioner Vs. The Chairman Securities and Exchange Commission………………………………Respondent Judg..

Category: Business or Commercial Law | Date: 9 May, 2006 | Hits: 6

Securities and Exchange Commission, represented by its Chairman Vs. Runa N Alam, 2004, 33 CLC (AD)

....cordingly, set aside. The learned Additional Sessions Judge shall proceed against the accused in accordance with law. The appeal is accordingly allowed. Ed. This Case is also Reported in: ......cordingly, set aside. The learned Additional Sessions Judge shall proceed against the accused in accordance with law. The appeal is accordingly allowed. Ed. This Case is also Reported in: ......Appellate Division (Criminal) Present: KM Hasan CJ Md. Fazlul Karim J Md. Tofazzal Islam J Securities and Exchange Commission, represented by its Chairman …… Appellant Vs. Runa N Alam............Respondent Judgment January 5, 2004. Result: The appea......orted in: ..

Category: Business or Commercial Law | Date: 5 Jan, 2004 | Hits: 340

Smart Apparels (Pvt.) Ltd. Vs. Hanvit Bank Kuni Bong Branch and ors., 2005, 34 CLC (AD)

....ces, we direct the trial Court to dispose of the temporary injunction matter within 4 weeks from the date of receipt of this order.  The petition is dismissed.  Ed. ......M Hasan CJ Md. Fazlul Karim J Md. Hamidul Haque J Md. Tafazzul Islam J  Smart Apparels (Pvt.) Ltd….. ................Petitioner Vs. Hanvit Bank Kuni Bong Branch and ors………..Respondents  Judgment No......resent: KM Hasan CJ Md. Fazlul Karim J Md. Hamidul Haque J Md. Tafazzul Islam J  Smart Apparels (Pvt.) Ltd….. ................Petitioner Vs. Hanvit Bank Kuni Bong Branch and ors………..Respondents  ......ces, we direct the trial Court to dispose of the temporary injunction matter within 4 weeks from the date of receipt of this order.  The petition is dismissed.  Ed. ..

Category: Business or Commercial Law | Date: 2 Nov, 2003 | Hits: 783

Bangladesh Vs. Md. Matiur Rahman and another, 2006, 35 CLC (AD)

....on on acceptance of the customs duty and other levies to be assessed by the Customs Authority is stayed till disposal of the writ petition.  There is no order as to costs.   Ed. ...... the full relief prayed for in the writ petition. The practice of granting full relief by granting ad interim relief has uniformly been deprecated.  7. Respondent No.  2, the  Premier Bank Ltd., through whom letters of Credit were opened by the Respondent No. 1 got itself added in th......: Md. Ruhul Amin J Abu Sayyed Ahammed J Md. Hamidul Haque J  Government of Bangladesh, represented by the Secretary, internal Resources Division and others………Appellants Vs. Md. Matiur Rahman and another……………………&h......on on acceptance of the customs duty and other levies to be assessed by the Customs Authority is stayed till disposal of the writ petition.  There is no order as to costs.   Ed. ..

Category: Business or Commercial Law | Date: 26 Jul, 2003 | Hits: 128

United Commercial Bank Ltd. Vs. Jahangir Alam Khan & ors., 2004, 33 CLC (AD)

....comment on it.   11. However, in any view of the matter, the impugned order does not suffer from any infirmity for our interference. The petition is dismissed. Ed. ......on (Civil)  Present: Mainur Reza Chowdhury CJ Md Fazlul Karim J Syed JR Mudassir Husain J AS Ahammed J     United Commercial Bank Ltd ………….Petitioner Vs. Jahangir Alam Khan and others......owdhury CJ Md Fazlul Karim J Syed JR Mudassir Husain J AS Ahammed J     United Commercial Bank Ltd ………….Petitioner Vs. Jahangir Alam Khan and others ………….Respondents   ...... any circumstances the Court being satisfied to that effect to call a meeting in the manner such a meeting is to be called, could pass an order for holding the meetings to be conducted by a neutral Chairman even in the absence of an application under section 85(3) of the Companies Act invoking th..

Category: Business or Commercial Law | Date: 22 Apr, 2003 | Hits: 201

Giasuddin Ahmed Vs. Green Delta Insurance Co. Ltd. & anr., 2004, 33 CLC (AD)

....s both seen and taken together would not bar the respondents to register the appellant's share.  In view of the above the appeal is allowed without any order as to costs. Ed. ......ng on 31‑12‑1993 and 31‑12‑199‑1, are Taka 3.05 crore and Taka 2.69 crore respectively.  5. The respondent No. 2 had pledged the said 22,000 shares to IFIC Bank Ltd. Motijheel Branch, Dhaka, as part of the security for a bank guarantee provided by IFIC Ba......; Appellate Division (Civil) Present: Md. Ruhul Amin J KM Hasan J Giasuddin Ahmed....Appellant          Vs. Green Delta Insurance Company Ltd. and another .....................Respondents   ......s both seen and taken together would not bar the respondents to register the appellant's share.  In view of the above the appeal is allowed without any order as to costs. Ed. ..

Category: Business or Commercial Law | Date: 24 Mar, 2003 | Hits: 286

Nahar Shipping Lines Ltd. & anr. Vs. Homera Ahmed & ors., 2004, 33 CLC (AD)

....ourt Division in the company matter, we do not find any reason to grant leave against the said judgment.  The petition is therefore, dismissed and the delay is condoned. Ed. ......lly noticed that the draft account 1996 did, not include approximately Taka 23, lac of freight that were of the company returned from Chittagong Branch and which had been deposited in the company's Bank Account. Further Taka 8 lac were shown on the balance sheet as expenditure without jurisdicti......etitioners                               Vs. Homera Ahmed and others .......................Respondents   Judgment ...... shares were issued to the respondent No. 2 of the company matter Mr. Mohammadullah, and his family members. The respondent No. 2, Mr. Mohammadullah, until his death in 1999, was a Director and the Chairman of the company. The present respondent No. 3 Mr. s. Syeda Sirajun Nahar was the Managing D..

Category: Business or Commercial Law | Date: 12 Mar, 2003 | Hits: 273

Islami Bank Bangladesh Ltd. Vs. Sub-Judge and Additional Artha Rin Adalat & others, 2003, 32 CLC (AD

....nge Bank Ltd. and others PLD, 1966 Lahore 1; Haridas Mundra vs. National & Grindlays Bank Ltd. AIR 1963 Cal 132; SL Ramaswamy Chetty and another vs. MSAPL Palaniappa Chettiar AIR 1930 Madras 364; Pubali Bank Ltd. vs. Sultana Oil Mills and Soap Factory and others 51 DLR 323; Bengal Metro Engineer......on   (Civil)   Present:   Md. Ruhul Amin J   KM Hasan J   Md. Fazlul Haque J   Islami Bank Bangladesh Ltd. ..........Appellant   Vs.   Sub‑Jud......   Md. Ruhul Amin J   KM Hasan J   Md. Fazlul Haque J   Islami Bank Bangladesh Ltd. ..........Appellant   Vs.   Sub‑Judge and Additional Artha Rin Adalat & others...Respondents ...... allowed.   There is no order as to costs.   Ed.   This Case is also Reported in:  55 DLR (AD) (2003) 121.  ..

Category: Business or Commercial Law | Date: 28 Jan, 2003 | Hits: 112

Ahmed Impex (Pvt) Ltd. & others Vs. Moqbul Ahmed & others, 2002, 31 CLC (AD)

....ge of the High Court Division and accordingly, affirm the impugned judgment and order. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: ......ge of the High Court Division and accordingly, affirm the impugned judgment and order. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: ......urt Appellate Division (Civil) Present: Mainur Reza Chowdhury CJ Md. Fazlul Karim J Syed JR Mudassir Husain J Ahmed Impex (Private) Ltd. & others.............Appellants Vs. Moqbul Ahmed being dead his heirs: Ferdous Ara Begum and others ................Respondents ......he Board of Directors of the Company was constituted by all the shareholders. Respondent No. 1 (Moqbul Ahmed), who happened to be the eldest brother of the said Tofayel Ahmed, was appointed permanent Chairman of the company and Tofayel Ahmed became its Managing Director. In the year 1987 the said To..

Category: Business or Commercial Law | Date: 5 Nov, 2002 | Hits: 208

Antibiotic Stores & ors Vs. Subordinate Judge and Artha Rin Adalat & anr., 2003, 32 CLC (AD).

....matter we do n any substance in the submission of the Counsel for petitioners for our interference impugned judgment of the High Court Division. The petition is dismissed.  Ed. ......ly dealt with in writ jurisdiction……………………….(7)  Cases Referred to- Sardar Jan‑e‑Alam vs. Arab Bangladesh Bank Ltd and others, 4 BLC (AD) 178; Sultana Jute Mills Ltd. vs. Agrani Bank, 46 DLR (AD) 174; Islam...... Mainur Reza Chowdhury CJ Md. Fazlul Karim J KM Hasan J Md. Fazlul Haque J  Antibiotic Stores & others    .................. Petitioners Vs. Subordinate Judge and Artha Rin Adalat and another…………&hellip......matter we do n any substance in the submission of the Counsel for petitioners for our interference impugned judgment of the High Court Division. The petition is dismissed.  Ed. ..

Category: Business or Commercial Law | Date: 12 Aug, 2002 | Hits: 121