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Md. Moshiur Rahman Khan Vs. Government of the People's Republic of Bangladesh, 2010, 39 CLC (HCD)
....ator under clause (a) or clause (b) of sub section (2), the members of the Executive Committee shall be deemed to have vacated their respective offices 34 and no such member shall act or transact any business after such appointment," 23. The writ petitioners challenged the impugned order on the g......f A.K.M. Altaf Hossain Khan, Elected Chairman of Bangladesh Mudran Shilpa Samity, 120, Arambagh, Dhaka-1000 and others ………………Petitioner S.M. Mohsin, Son of Md. Rezaul Haque Sarker, Senior Vice-President, Bangladesh Mudran Shilpa Samity, 37/38/1, Nabodip Bosaklane, Lakshmibazar, Dhaka-......ew of the above discussions and reasoning we do not find any merit in this Rule. Accordingly, the Rule is discharged without Cost. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 284. ......ew of the above discussions and reasoning we do not find any merit in this Rule. Accordingly, the Rule is discharged without Cost. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 284. ..Category: Business or Commercial Law | Date: | Hits: 72
Islami Bank Bangladesh Ltd. & another Vs. Agrani Bank & others, 2010, 39 CLC (HCD)
....ing the money is liable to refund the same to the paying bank. The suit was decreed on contest. The defendant preferred the appeal essentially on the grievance that as collecting bank it had done its business in good faith and without negligence thus is entitled to protection provided by law which i......6 Bom 482; Sanyashilingam Vs. Exchange Bank of India, AIR 1948 Bom KB); Brahma Shun Shree Jung Bahadur Vs. Chartered Bank, AIR 1956 Cal 399; Madras Province Co-operative Ltd Vs. South India Match Factory Ltd, AIR 1945 Mnd 30(D); Landbroke Vs. Todd; Union of India Vs. National Overseas & Grindlay......t. The impugned judgment and decree passed by the trial court is hereby affirmed. Send down the L/C records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 150. ......t. The impugned judgment and decree passed by the trial court is hereby affirmed. Send down the L/C records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 150. ..Category: Business or Commercial Law | Date: | Hits: 548
....43/91-ICD should not be declared to have been issued without lawful authority and is of no legal effect.
2. The background leading to the petiÂtion, in short, is that the petitioner is engaged in business as Clearing and Forwarding Agent and in course of business he was engaged by one Shahidul H......al Jurisdiction)
Present:
Md. Ashfaqul Islam J
SM Emdadul Hoque J
Saint Martin Commodities Limited...................Petitioner
Vs.
Chairman & Joint Commissioner, Licensing Authority, Customs House & Others………Respondents
Judgment
February 23, 2010.
Result......aring and Forwarding License of the petitioner is declared to have been issued without any lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 16 BLC (HCD) (2011) 49.
......aring and Forwarding License of the petitioner is declared to have been issued without any lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 16 BLC (HCD) (2011) 49.
..
Category: Business or Commercial Law | Date: | Hits: 656
Bangladesh General Insurance Co. Ltd. Vs. Chalna Marine Products Co. Ltd., 1999, 28 CLC (HCD)
....e plaintiffs case is that, he filed the aforesaid Money Suit on the facts, inter alia, in short, that, the plaintiff is a private limited company and has a freezing plant in Chalna and engaged in the business of processing, storing, freezing and exporting shrimps and prawns to the foreign countries.......€¦â€¦â€¦..Respondent Judgment March 15, 1999. Result: FA No. 277 of 1994 is allowed. FA No.129 of 1995 is dismissed. Cases Referred to- Cox’s Vs. Employers’ Liability Assurance Corporation, Limited (1915 C. 2884), Law Reports, 1916, King’s Bench Division, Vol. II page 629; Bo......sult, the FA No.129 of 1995 is dismissed without any order as to costs. Send down the lower Court records of both the suits at once. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 357.......sult, the FA No.129 of 1995 is dismissed without any order as to costs. Send down the lower Court records of both the suits at once. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 357...Category: Business or Commercial Law | Date: | Hits: 522
Abul Hashem Khan & others Vs. Md. Shamsuddin Khan & others, 1989, 18 CLC (HCD)
....artÂnership would be executed between the defendant No.1, his son Ehsanul Hasan Khan and the plainÂtiffs. The further stipulation was that the plaintiffs would enjoy the profit and bear loss of the business proportionate to the aforesaid advance of Tk.45,000/-till execution and registration of the......al is allowed. Cases Referred to- Sarwar Khan Vs. Gulam Sarwar and others, PLD 1982 AJ & K 126; Ram Singh Kundan Singh and sons and another Vs. Ram Chand Issardas, AIR 1925 Sind 342; YAJ Noorul Hai and anothers Vs. SPLKR Karuppan Chettiyar, AIR 1925 PC 232; Addonzi Narayanappa and another......em. In the face of our findings in respect of Ext. W and Z series the appliÂcation is not maintainable. Accordingly, it is rejectÂed. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 415.......em. In the face of our findings in respect of Ext. W and Z series the appliÂcation is not maintainable. Accordingly, it is rejectÂed. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 415...Category: Business or Commercial Law | Date: | Hits: 349
....on 18(3) (b) of the Act shows that the circumstance as argued by the learned Advocate for the appellant need not be disclosed as this circumstance was known to the inÂsurer in his ordinary course of business as this was a matter of common knowledge to the insurer. FurÂther, in view of the express ......r ProÂcess Vs. Hudson (1939) 3 All ER 857; Dodwell and Comp. Ltd. Vs. British Dominion General InÂsurance Co. Ltd. Lloyds List and Shipping Gazette of April 9, 1918; E.D. Sesson & Co. Ltd. Vs. Yorkshire Insurance Co., 16 Lloyd's , 133.
Lawyers Involved:
A.R. Yusuf, Advocate-For the Appe......ance in the contentions raised by the learned Advocate for the appellant.
In the result, the appeal is dismissed without any cost.
Ed.
This Case is also Reported in: 42 DLR (HCD) (1993) 45.
......ance in the contentions raised by the learned Advocate for the appellant.
In the result, the appeal is dismissed without any cost.
Ed.
This Case is also Reported in: 42 DLR (HCD) (1993) 45.
..
Category: Business or Commercial Law | Date: | Hits: 325
One Bank Ltd. Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
.... Rule Nisi, in brief, are: The petitioner is a public limited company by shares and registered under the Companies Act, 1994. The petitioner-company was granted the certificate for commencement of business by the Registrar of Joint Stock Companies and also granted the licence for commencing banki......pondents Judgment May 28, 2009. Result: The Rule is discharged. Cases Referred to- Ghulam Zamin Vs. AB Khondkar, 16 DLR 486. Lawyers Involved: Syed Mahmudul Ahsan, Advocate - For the Petitioner. Mahmudul Islam with Probir Neogi, Advocates - For the Respondent No. 3. Moi......pondence has been accepted to be correct and lawful by the petitioner and, as such, it cannot escape legal consequences to follow for their non-compliance of SEC's instructions in time. The prayer, incorporated in the Writ Petition, at least in respect of the notice for showing cause is totally misc...... granted at the time of issuance of the Rule and extended subsequently is hereby recalled and vacated. There is no order as to costs. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 91...Category: Business or Commercial Law | Date: | Hits: 237
Shainpukur Holding Ltd. Vs. Security Exchange Commission, 1997, 26 CLC (HCD)
....nce. Section 21 of the said Ordinance empowered the said Commission to cause an enquiry by any person appointed by it into the affairs of any Stock Exchange or any issuer of a listed security, or the business or any transaction in securities by the persons mentioned therein. 12. Within a very sh......……Accused Vs. Security Exchange Commission……………………………Complainant Judgment December 9, 1997. Result: The References are rejected. Cases Referred to- Khoreshed Alam Vs. State, 27 DLR 111; Abdul Ali Vs. State, 30 DLR (SC) 58; Dost Mohammad Vs. State, 29......at the learned Sessions Judge was not justified in holding that CMM took cognizance without application of his mind. 20. Under the provisions of sub-section section 3 of Act No.15 of 1993 SEC is a corporate and shall sue and be sued in its name under the provisions of sub-section (5) of Section 5......the criminal proceedings pending before the CMM Dhaka. In the result, the References are rejected and order of stay stands vacated. Ed This Case is also Reported in: 50 DLR (HCD) (1998) 291. ..Category: Business or Commercial Law | Date: | Hits: 219
M/s. Smart Apparels (Pvt.) Ltd. Vs. Hanvit Bank Kuni Bong Branch and others, 2003, 32 CLC (AD)
....s 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. This Case is also Reported in: ......¦â€¦â€¦.Respondents Judgment November 2, 2003. Result: The petition is dismissed. Cases Referred to- 33 DLR (AD) 298; 54 DLR (AD) 70. Lawyers Involved: A. J. Mohammad Ali, Senior Advocate, instructed by Mvi. Md. Wahidullah, Advocate-on-Record- For the Petitioner. Abdur Raz......s 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. This Case is also Reported in: ......s 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. This Case is also Reported in: ..Category: Business or Commercial Law | Date: | Hits: 208
Bangladesh Steamer Agent's Association Vs. Bangladesh & others, 1979, 8 CLC (AD)
....anies Act read with Section 3 of the Trade Organisation Ordinance, 1961 (Ordinance No. XLV of 1961) hereinafter called the Ordinance as a non-profit making concern having the main object of doing the business of weighment/measurement of various articles of import and export by private individuals. T...... Judgment May 31, 1979. Result: The appeal is allowed. Cases Referred to- Abul Alla Moududi Vs. Govt. of East Pakistan, (1965) 17 DLR (SC) 209; PLD 1964 SC 673; Abdur Rahman Vs. Collector and Deputy commissioner, (1964) 16 DLR (SC) 461; Eidge Vs. Baldwin and others, (1963) 2 All R.R. ......contention the learned Attorney-General has referred to section 10 of the Ordinance which provides for notifying and hearing the Executive ComÂmittee before its suppression. The provision has been incorporated in the statute itself and there is nothing in section 8(1)(b) or the order granting licen......udgment of the High Court Division is set aside and the impugned order is set aside as having been passed without any lawful authority. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 272...Category: Business or Commercial Law | Date: | Hits: 208
National Life Insurance Company Ltd. Vs. Controller of Insurance, 2002, 31 CLC (HCD)
....al effect. 2. The case of the petitioner National Life Insurance Company Limited is that the petitioner is a company registered under the Companies Act, 1913 on 12‑2‑1985 and is engaged in the business of life insurance. The petitioner was promoted by twenty sponsor directors, the share capit......urance ………………………… Respondent Judgment April 24, 2002. Result: The Rule is made absolute. Lawyers Involved: M Zahir with Shah Muhammad Ezaz Rahman, Advocates ‑ For the Petitioner. Writ Petition No. 985 of 1999. Judgment Md. Marzi ul Huq J. - This Rule ......€‘3‑1999 by the respondent imposing fine upon the petitioner is declared to have been done without lawful authority and of no legal effect. Ed. This Case is also Reported in: 56 DLR (2004) 624.......€‘3‑1999 by the respondent imposing fine upon the petitioner is declared to have been done without lawful authority and of no legal effect. Ed. This Case is also Reported in: 56 DLR (2004) 624...Category: Business or Commercial Law | Date: | Hits: 271
Pubali Bank Ltd. Vs. Sultana Oil Mills and Soap Factory and others, 1998, 17 CLC (HCD)
....simple principle of law and equity. As this is a suit for recovery of loan outstanding amount of loan granted against defendant-respondent No.1 against equitable mortgage as cash credit, as a running business capital on pledge of its business goods and stock-in-trade along with other mortgaged prope......ourt High Court Division (Civil) Present: Mahmudul Amin Chowdhury J Md. Abdul Aziz J Pubali Bank Ltd.…………………………Appellant Vs. Sultana Oil Mills and Soap Factory and others......................Respondents Judgment November 17, 1998. Result: ......der as to costs. The judgment and decree passed by the trial Court is hereby affirmed. Send down the lower court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 323. ......der as to costs. The judgment and decree passed by the trial Court is hereby affirmed. Send down the lower court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 323. ..Category: Business or Commercial Law | Date: | Hits: 196
Bangladesh Steel & Engineering Corporation Vs. Arif A. Shekha and others, 2010, 39 CLC (AD)
....lawful authority. No case has been made out for review. We find no substance in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010)137. ...... Md. Tafazzul Islam CJ Mohammad Fazlul Karim J Md. Abdul Matin J BK Das J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Bangladesh Steel & Engineering Corporation...................Petitioner Vs. Arif A. Shekha and others ............................. averments, inter alia, that two of them were Bangladeshi, seven of them were British and one of them was a Malaysian citizen and they were shareholders of M/S. Eastern Tubes Ltd. a limited company incorporated at Dhaka on 26.06.1964 holding 1,04,265 shares out of a total of 1,70,000 shares in the s......lawful authority. No case has been made out for review. We find no substance in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010)137. ..Category: Business or Commercial Law | Date: | Hits: 195
Golam Mustafa Vs. Commissioner of Customs and others, 2011, 40 CLC (HCD)
.... 35, 00,000 to respondent No.1 covered under the Bank Guarantee being No.74/2011 dated 14-3-2011 (Annexure-G). 2. The Background leading to this application is that the petitioner in course of his business opened Letter of Credit dated 27-12-2010 for the import of commodity of 32 MT of Anti Oxida......oms and others................Respondent Judgment July 13, 2011. Case Referred to- Uttara Bank Vs. Macneill & Kilburn, 33 DLR (AD) 298. Lawyers Involved: MA Hannan, Advocate—For the Petitioner. SM Moniruzzaman with Pratikar Chakma, Assistant Attorney-General—For the Res......the Appellate Division which is binding on us we are of the view that this applicaÂtion merits no substance which is summarily rejectÂed. Ed. This Case is also Reported in: 63 DLR (2011) 679. ......the Appellate Division which is binding on us we are of the view that this applicaÂtion merits no substance which is summarily rejectÂed. Ed. This Case is also Reported in: 63 DLR (2011) 679. ..Category: Business or Commercial Law | Date: | Hits: 200
Government of BanglaÂdesh and others Vs. Excellent Corporation, 2010, 39 CLC (AD)
....ent reached between the Government of Bangladesh and the FNMT. 3. Facts stated in the writ petition are that the writ petitioner-respondent is a trading firm carrying on, amongst others, indenting business of different items and also acts as local agent of foreign suppliÂer. The writ respondent ......ammad Fazlul Karim CJ Md. Abdul Matin J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Government of BanglaÂdesh and others..........Appellants Vs. Excellent Corporation…………………………............Respondent Judgment July 15, 2010. Case......ct a statutory contract, but “if entering into a contract containing preÂscribed terms and conditions is a must under the statute then that contract becomes a statutory contract, if a conÂtract incorporates certain terms and conditions in it which are statutory then the said contract to that ext...... without any order as to cost. The Judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 148, 16 MLR (AD) (2011) 433, 8 LG (AD) (2011) 190. ..Category: Business or Commercial Law | Date: | Hits: 267
Janata Insurance Co. Vs. Islam Steel Mills, 2000, 29 CLC (HCD)
....y. The Insurance Act, 1938 and the Insurance Corporation Ordinance (No.VII of 1973), 1973 are holding the field with amendments introduced from time to time. The above Act was enacted to regulate the business of insurance in British India and the Ordinance for organising the organogram of the busine......d J Janata Insurance Co.……………Appellant Vs. Islam Steel Mills……………Respondents Judgment July 12, 2000. Cases Referred To- United India Insurance Co. Vs. MJK Corporation, [1996] 6 SCC 428; Trang Ice Cold Storage Vs. Amin Fish Farm, 46 DLR 39; Boston Fruit Cor......in MS No.44 of 1994, MS No.45 of 1994 and MS No.46 of 1994 are hereby confirmed. Let the records be sent down without any further delay. Ed. This Case is also Reported in: 52 DLR (2000) 642. ......in MS No.44 of 1994, MS No.45 of 1994 and MS No.46 of 1994 are hereby confirmed. Let the records be sent down without any further delay. Ed. This Case is also Reported in: 52 DLR (2000) 642. ..Category: Business or Commercial Law | Date: | Hits: 211
KM Zakir Hossain Vs. Bangladesh Bank and others, 2000, 29 CLC (HCD)
....e of this nature only because the Chairman of the Bank has personal interest in the borrowing company. The Bangladesh Bank has inherent power to use its discretion to the best interest of the banking business. It is further stated that there is no collusion between the respondent No.5 and the manage......s……………….Respondents Judgment May 9, 2000. Case Referred To- 27 DLR (AD) 156. Lawyers Involved: Rafique-ul Huq with Md Zafarullah Chowdhury and Faheemul Huq, Advocates—For the Petitioner. M Amirul Islam with Tania Amir, Advocates —For the Respondent Nos. 1 and 2. ......k in exercise of its discretion under section 45(2) of the Bank Companies Act, for reschedulement of the loan. Therefore, even if we accept the submission of the petitioner that circular 7 applies to corporate loan also we find no illegality in giving ‘No objection’ to reschedulement of loan as ......e respondent No.4. In view of the above, the Rule is discharged without any order as to costs. Stay order granted earlier is hereby vacated. Ed. This case is also Reported in: 52 DLR (2000) 577. ..Category: Business or Commercial Law | Date: | Hits: 208
Korea Exchange Bank, Seoul, Korea Vs. Gemini Garments Limited and others, 2004, 33 CLC (HCD)
....us contract not to be interfered with on grounds extraneous to the guarantee itself, where question of fraud was raised between the parties to the main transaction (agreement to purchase the seller's business) before any question of any enforcement of the guarantee arose as between the beneficiary a...... Case is also Reported in: 56 DLR (2004) 392. ......€‘1993 for US $ 26,632; on 10‑6‑1993 for US $ 28,284 and on 17‑6‑1993 for US $ 91,037. On 13‑9-1993 they received a notice of injunction not to effect any payment. 26. Clause J was incorporated in the letter of credit outside all the common banking practices. Upon receipt of the doc......t wants to and then, write out the judgment in the light of our observations made hereinbefore. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 392. ..Category: Business or Commercial Law | Date: | Hits: 289
....hallenged in this writ petition. Unless the operation of the credit information report under default Code No. 3912 is stayed the petitioners will be unable to obtain credit facility for running their business.
3. The petitioners are not borrowers as defined under Article 42 of Bangladesh Bank Ord......¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦..Respondents.
Judgment
February 23, 2006.
Cases Referred to-
Stadmax Ltd. Vs. Bangladesh Bank, 50 DLR 594; Paul and Co. Narayanganj Vs. Bangladesh Bank & ors, 45 DLR 8; Shahajadi Begum Waqf Estate Vs. Secretary, Ministry of Communication (Roads and Railw......ave been executed by an undisclosed executant does not contain a single word as to the name and address of the executant. Since the petitioner No. 1, Shrimp and Fish Processing Plant Ltd, a company incorporated under the Companies Act, being a juristic person it should have been represented by a com...... In the result, the Rule is discharged without any order as to costs and the order of stay granted earlier by this Court is hereby vacated.
Ed.
This Case is also Reported in: 58 DLR (2006) 517.
..
Category: Business or Commercial Law | Date: | Hits: 251
Executive Engineer, Sylhet Public Works Department Vs. Md. Asob Ali, 2005, 34 CLC (HCD)
.... the goods quoted by him was found unsatisfactory and, as such, the authorities did not accept his quotation and proceeded for fresh auction in public interest; at this the plaintiff suffered loss of business as he could not invest the amount of the earnest money in his business; the defendant-petit...... This Case is also Reported in: 58 DLR (2006) 236. ......o costs. The order of stay passed at the time of issuance of the Rule is hereby vacated. Send down the records of the Courts below at once. Ed. This Case is also Reported in: 58 DLR (2006) 236. ......o costs. The order of stay passed at the time of issuance of the Rule is hereby vacated. Send down the records of the Courts below at once. Ed. This Case is also Reported in: 58 DLR (2006) 236. ..Category: Business or Commercial Law | Date: | Hits: 209
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