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Sultan Uddin Ahmed Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
.... B(1) and to pass such other or further order or orders as to this Court may seem fit and proper. 3. The petitioners in all these four writ petitions are commercial importers and they in course of business imported some reconditioned industrial capital machineries and equipment by opening letter ......………………….........Petitioner Vs. Government of Bangladesh and others.................... Respondents. Judgment July 4, 2005. Lawyers Involved: Md. Sadullah, Advocate—For the Petitioners. Syeda Afsar Jahan, Deputy Attorney-General—For the Respondents. Writ Pe......l machineries and to release the same within 7 days from the date of receipt of this judgment. However, there shall be no order as to cost. Ed. This Case is also Reported in: 58 DLR (2006) 31. ......l machineries and to release the same within 7 days from the date of receipt of this judgment. However, there shall be no order as to cost. Ed. This Case is also Reported in: 58 DLR (2006) 31. ..Category: Business or Commercial Law | Date: | Hits: 234
Janata Insurance Company Ltd. Vs. M/s. Islam Steel Mills Limited and another, 2010, 39 CLC (AD)
....plaintiffs and therefore, they come within the category of 'policy holders'. Section 46 of the Act of 1938 states that the holder of a policy of insurance issued by an insurer in respect of insurance business transacted in Bangladesh after the commencement of the Act shall have the right notwithstan......r...................Respondents (In Civil Appeal Nos. 64 & 65 of 2002). Judgment May 11, 2010. Case Referred To- Evans Vs. Hooper, 1 QBD 45. Lawyers Involved: Mahbubey Alam, Senior Advocate, instructed by Md. Taufique Hossain, Advocate-on-Record-For the Appellant (In all the ca......ut any order as to costs. This judgment would govern ail the appeals. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 478, 7 LG (AD) (2010) 208, 63 DLR (AD) (2011) 5, VIII ADC (2011) 932. ......ut any order as to costs. This judgment would govern ail the appeals. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 478, 7 LG (AD) (2010) 208, 63 DLR (AD) (2011) 5, VIII ADC (2011) 932. ..Category: Business or Commercial Law | Date: | Hits: 212
Integrated Services Ltd. Vs. Commissioner (Current Charges), Customs and others, 2007, 36 CLC (HCD)
....n 15-6-95 under the name and style, 'Sheba Telecom (Private) Limited (hereinafter referred to as the Company) with the equity share holding of 51% and 49% respectively. The company was engaged in the business of installing, maintaining, operating, managing, digital exchange and satellite earth sta......efund the, detained non-adhesive share transfer stamps by 24th day of May, 2007, positively. Ed. This Case is also Reported in: 59 DLR (2007) 597.......titioner to appear before him for personal hearing was challenged. 2. The facts and circumstances, in which the Rule was obtained, in short, are that the petitioner is a private limited company, incorporated in Bangladesh. Pursuant to a Joint Venture Agreement (hereinafter referred to as JVA), ......legal effect. The respondents are directed to refund the, detained non-adhesive share transfer stamps by 24th day of May, 2007, positively. Ed. This Case is also Reported in: 59 DLR (2007) 597...Category: Business or Commercial Law | Date: | Hits: 178
Iqbal Hossain Mollah Vs. Director, Plant Protection Wing and others, 2006, 35 CLC (HCD)
....ructive Insects and Pests Rules, 1966 and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. The petitioner is a citizen of Bangladesh and carrying on business as importer and distributor of foodgrains and crops including table potatoes through his pr......nal Jurisdiction) Present: Md. Muzammel Hossain J Zubayer Rahman Chowdhury J Iqbal Hossain Mollah………………………………………………………Petitioner Vs. Director, Plant Protection Wing and others……………………Respondents Judgment January 4, 20......led on behalf of the petitioner in accordance with law expeditiously. Communicate the judgment to the concerned authority at once. Ed. This Case is also Reported in: 59 DLR (2007) 458.......led on behalf of the petitioner in accordance with law expeditiously. Communicate the judgment to the concerned authority at once. Ed. This Case is also Reported in: 59 DLR (2007) 458...Category: Business or Commercial Law | Date: | Hits: 219
Farzana Moazzem Vs. Securities and Exchange Commission and others, 2001, 30 CLC (HCD)
....is a recognised Stock Exchange under the Securities Contracts (Regulation) Act, 1956. The preamble to the Act states that is an Act to prevent undesirable transactions in securities by regulating the business of dealing therein, by prohibiting options and by providing for certain other matters conne......ment July 15, 2001. Lawyers Involved: AF Hassan Ariff with SK, Golam Hafiz, SM Obaidul Hoq, Adilur Rahman Khan, Khaleda Zaman, Md. Ashik Al Jalil, SK Md. Suja Uddowla, SM Ariff Advocates—For the Petitioner. Muhammad Mohsen Rashid, Advocate Respondent Nos. 3-5. Writ Petition No. 288...... instituting a civil suit. 8. In reply to this contention regarding maintainability of the writ petition, Mr. Hassan Ariff, the learned Advocate for the petitioner submits that the DSE, although incorporated as a company and registered under the Companies Act, but since it carries on its objects ...... above terms without any order as to costs. Let copies of the judgment be expeditiously sent to respondents No.1 and 3 for necessary action. Ed. This Case is also Reported in: 54 DLR (2002)66...Category: Business or Commercial Law | Date: | Hits: 210
Janata Bank Vs. M/S Ahmedia Garments, 1987, 16 CLC (HCD)
....Ltd. a company situated with its head office at Japan and pioneer industrial, authorised agent of M/S. YAMA MOTO for damages arid compensation on the ground that the plaintiff while carrying on the business of manufacturing various types of ready made garments for export and also for local sale,...... Judgment July 8, 1987. Cases Referred to- 33 DLR (AD) 298, AIR 1970 (S.C.) 891, AIR 1981 (S.C.) 1426, AIR 1986 ( S.C.) 1924, AIR 1983 (Cal), 106, AIR 1986 (Cal) 356, (1958) 1 All England Report 262, (1975) 1 All England Report 107, (1978) 1 All E.R.976, (1982) 2 All England Report 720); AI......on of the judgment is stayed for 4 (four) weeks from date. There will however be no order as to costs. Amirul Islam Chowdhury J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 72.......on of the judgment is stayed for 4 (four) weeks from date. There will however be no order as to costs. Amirul Islam Chowdhury J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 72...Category: Business or Commercial Law | Date: | Hits: 209
Abul Khair Morselin (Md) Vs. Bangladesh and others, 2000, 29 CLC (HCD)
....hey are not made parties in this writ petition. 14. Since the election of the Chamber group has been already completed, this petitioner being a Member of Chamber group, he has been in the election business with the association group which is disputed in this Case and even if his name is found to ......ase is also Reported in: 53 DLR (2001) 179. ......he Vacation Bench on 10-10-2000 is hereby vacated and the remaining part of the election of the FBCCI shall be held in accordance with law. Ed. This Case is also Reported in: 53 DLR (2001) 179. ......earned Attorney-General appeared on behalf of the Government who is respondent No.1 in the writ petition and he made submissions, inter alia, that the present dispute is purely in between the private bodies and FBCCI is not even a local authority as defined under section 3(28) of the General Clauses..Category: Business or Commercial Law | Date: | Hits: 204
Khaleda Rahman & another Vs. Integrated Services Limited and others, 1999, 28 CLC (HCD)
.... learned Subordinate Judge 1st Court, Dhaka in Title Suit No. 116 of 1999 who by the said order restrained the appellants by an order of ad interim injunction from interfering and disturbing with the business, administration and management of the plaintiff No.1 company and from giving effect to the ......t Division (Civil Appellate Jurisdiction) Present: Mahmudul Amin Choudhury J Md. Abdul Aziz J Khaleda Rahman & another………Appellants Vs. Integrated Services Limited and ors………..Respondents Judgment June 8, 1999. Cases Referred To- Karnafully Paper M...... No. 116 of 1999. The Subordinate Judge, 1st Court, Dhaka is hereby directed to dispose of the injunction matter on merit expeditiously. Ed. This Case is also Reported in: 53 DLR (2001) 161. ...... No. 116 of 1999. The Subordinate Judge, 1st Court, Dhaka is hereby directed to dispose of the injunction matter on merit expeditiously. Ed. This Case is also Reported in: 53 DLR (2001) 161. ..Category: Business or Commercial Law | Date: | Hits: 207
Nafisa Choudhury Vs. United Food Complex Ltd. and another, 2000, 29 CLC (HCD)
.... 28,860 shares out of 1,47,816 shares issued by the United Food Complex Ltd (hereinafter called). The respondent No.1 company is a public limited company which was incorporated on 10-1-81 to carry on business of poultry, fish, dairy, etc. with an authorised capital of 3 crore and a paid up capital o......sa Choudhury……….Petitioner Vs. United Food Complex Ltd. and another………… Respondents Judgment December 12 & 13, 2000. Cases Referred To- M Moorthy Vs. Drivers and Conductors Bus Service P Ltd (1991) 71 Company Cases 136 (Mad); Faruk (Md) Vs.......is a minority share-holder holding 28,860 shares out of 1,47,816 shares issued by the United Food Complex Ltd (hereinafter called). The respondent No.1 company is a public limited company which was incorporated on 10-1-81 to carry on business of poultry, fish, dairy, etc. with an authorised capital ......s pursuant to the letter dated 16-4-1998. With the aforesaid directions the application is allowed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (2001) 81. ..Category: Business or Commercial Law | Date: | Hits: 198
Dira Dockyard and Engineers Ltd. & ors Vs. Bangladesh Shilpa Rin Sangstha & ors, 1994, 23 CLC (AD)
....t facilities and other assistance to industrial concerns in Bangladesh. The Opposite Party No.1, Tapashee Shipping Lines Limited, shortly Tapashee, is a public limited company carrying on the business of water transport. The Opposite Party Nos. 2-5 are the Managing Director and other Direct...... Bangladesh Shilpa Rin Sangstha and others.....................Respondents Judgment November 19, 1994. Lawyers Involved: Rafique-ul-Huq, Senior Advocate (AJ Mohammad Ali, Advocate) with him), instructed by M Nawab Ali Advocate-on-Record&md......y Nos. 7, 8 and 9 (appellants No.2, 3 and 4 in Civil Appeal No. 64 of 1989). There will be no order as to costs. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 166. ......y Nos. 7, 8 and 9 (appellants No.2, 3 and 4 in Civil Appeal No. 64 of 1989). There will be no order as to costs. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 166. ..Category: Business or Commercial Law | Date: | Hits: 311
Md. Abu Sufian and others Vs. Ferdoshi Begum and others, 2009, 38 CLC (AD)
....eration of the Company and with payments which are required to be made to the creditors. Further, if payments to the creditors are stopped it would create a situation which may adversely affect the business of the Company. On the face of conflicting claims of the various parties the High Court D.......Petitioners Vs. Ferdoshi Begum and others…...................... Respondents Judgment March 5, 2009. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Syed Mahbubar Rahman, Advocate-on-Record-For Respondent No. 1. ......nd no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 698. ......nd no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 698. ..Category: Business or Commercial Law | Date: | Hits: 199
James Finlay PLC and others Vs. Mahi Fish Processing Ltd. and others, 2009, 38 CLC (AD)
....loss in money, good-will and reputation; the plaintiff has also suffered other losses. Since Agrani Bank, defendant No.7, the L/C confirming Bank, did not pay debt as per contract, the factory and business of the plaintiff was inoperative for a long time and accordingly, a huge amount of interes.................Petitioners Vs. Mahi Fish Processing Ltd. and others ....................Respondents Judgment March 12, 2009. Lawyers Involved: Dr. M Zahir, Senior Advocate with Md. Azizul Haq, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record&mdash......tance in the submissions of the learned Advocate for the petitioners. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 124. ......tance in the submissions of the learned Advocate for the petitioners. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 124. ..Category: Business or Commercial Law | Date: | Hits: 178
Md. Amir Uddin Miah and another Vs. Dhaka City Corporation, 2008, 37 CLC (AD)
....lshan), Dhaka City Corporation, Dhaka cancelling the trade license of the petitioners on the basis of the complaint submitted by the respondent No.4. The petitioners as partners started hotel business in 1989 under the name and style Golden Deer guest House at House No. 6, Road No. 36, Guls......rim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Md. Amir Uddin Miah and another..............................Petitioners Vs. Dhaka City Corporation, represented by its Mayor, Nagar Bhaban, Dhaka and others. ....Respondents J......review does not mean rehearing of the matter we find no merit in the review petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 578. ......review does not mean rehearing of the matter we find no merit in the review petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 578. ..Category: Business or Commercial Law | Date: | Hits: 169
H.B.M. Iqbal Vs. Md. Shirajul Islam and others, 2009, 38 CLC (AD)
....ner from selling any cement or other property of the company without following the provisions of memorandum and article of association, (e) restrain the petitioner from changing any technical, business and administrative management structure of the factory and marketing office of t......m and others ....................Respondents Judgment April 12, 2009. Lawyers Involved: Masood R. Sobhan, Advocate instructed by A. S. M. Khalequzzaman, Advocate-on-Record-For the Petitioner. M. Moksadul Islam, Advocate (Appeared with the leave of the court) ...... 1994. 4. The respondent No. 3 i.e. Bengal Tiger Cement Industries Ltd. (hereafter referred to as the "company" or BTCL") is a public limited company having its corporate office at Iqbal Center (17th Floor) , Kemal Ataturk Avenue, Banani C/A, Dhaka-1213 and Ma......17. We find no illegality in the order calling for interference by this court and accordingly the leave petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 565. ..Category: Business or Commercial Law | Date: | Hits: 193
Dhaka Bank Limited Vs. Monir Hossain and others, 2008, 37 CLC (AD)
.... case, in short, are that the plaintiff-appellant is a Banking Company incorporated under the Companies Act, 1994 having its Head Office at the address given at the cause title. It carries on banking business through its various branches including Jubilee Road Branch at Liberty Tower, 183 Jubilee Ro......ited…………………………………..Appellant Vs. Monir Hossain and others………….........Respondents Judgment August 25, 2008. Lawyers Involved: Dr. M. Zahir, senior Advocate instructed by A.K.M. Shahidul Huq, Advocate-on-Record-For the Appellant. T.H. Khan, S......of TK.43, 00,000.00 in fixed deposit to the credit of the trial Court till final decision of the suit. 2. The facts of the case, in short, are that the plaintiff-appellant is a Banking Company incorporated under the Companies Act, 1994 having its Head Office at the address given at the cause ti......Court as security against the decree that may be passed till final decision of the suit." Accordingly, the appeal is disposed of. Ed. This Case is also Reported in: VI ADC (2009) 402. ..Category: Business or Commercial Law | Date: | Hits: 142
Planters (Bangladesh) Ltd. Vs. Mahaluxmi Bank Ltd. (in liquidation) and others, 1984, 13 CLC (AD)
....ssible under section 65 of the Banking Companies Ordinance, section 4 of the Bankers Evidence Act, 1891 and the entries in the books of the plaintiff Bank regularly kept in course of business were relevant and also that D.P. notes, the resolution of the defendant company, Ext.......d..............................................Appellants Vs. Mahaluxmi Bank Ltd. (in liquidation) and others.............Respondents Judgment February 9, 1984. Words and Phrases Nobody can be allowed to take advantage of his own fault. The Defen......n three months, in default decretal amount will be paid with interest at the rate of 15% till realisation of the amount. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 129. ......n three months, in default decretal amount will be paid with interest at the rate of 15% till realisation of the amount. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 129. ..Category: Business or Commercial Law | Date: | Hits: 139
Nizam Uddin Mahmood Vs. Abdul Hamid Bhuiyan and another, 2004, 33 CLC (AD)
....led a petition of complaint under section 138 of the Negotiable Instrument Act, 1881 against the respondent No.1 stating inter alia, that the complainant and the accused are involved in share business and being closely known to each other the complainant gave a loan of Tk. 60,000,00/- to th......awlader vs. State 55 DLR (HCD) 199 in 53 DLR (AD) 111, SM Anwar Hossain Vs. Md. Shafiul Alam, (Chand) 51 DLR (AD) 218, 51 DLR (AD) 218. Lawyers Involved: Rokanuddin Mahmud, Senior Advocate, instructed by Md. Nowab Ali, Advocate-on-Record-For the Appellant. Amir-ul-Isl......ustainable. In this view of the matter we do not find substance in this appeals and the appeal is accordingly dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 273. ......ustainable. In this view of the matter we do not find substance in this appeals and the appeal is accordingly dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 273. ..Category: Business or Commercial Law | Date: | Hits: 138
Bangladesh Bank Vs. A. Latif & Company Limited and another, 2008, 37 CLC (AD)
....party asked the 2nd party to accord time extension considering 2nd party's failure to provide working drawing in due course of time. The 1st party complained that they sustained heavy financial and business loss for continuing the work beyond the stipulated 4 months time. The 1st party in their l.........Respondents Judgment March 27, 2008. Case Referred to- Coal Controller Vs. Ventura Industries, 45 DLR (AD) 184. Lawyers Involved: Fida M. Kamal, Senior Advocate instructed by Abu Sams Khalequzzaman, Advocate-on-Record-For the Petitioner Rafi......n is coming which cannot be entertained at this stage. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 753. ......n is coming which cannot be entertained at this stage. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 753. ..Category: Business or Commercial Law | Date: | Hits: 129
Vice Chairman, Export Promotion Bureau and Govt. of BD Vs. Acqua Foods Ltd & ors, 1997, 36 CLC (AD)
....it is out of time 81 days and no satisfactory explanation has been offered for the delay. 3. Acqua Foods Limited and its Managing Director were the writ petitioners who have been engaged in business of processing and exporting shrimps to foreign countries since 1982. In 1995 the writ peti......te Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Vice Chairman, Export-Promotion Bureau………………….Petitioner Gover......stand, even without a challenge of the Government’s action. The leave petitions are, therefore, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 113. ......stand, even without a challenge of the Government’s action. The leave petitions are, therefore, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 113. ..Category: Business or Commercial Law | Date: | Hits: 89
Oriental Bank Ltd. former Al-Baraka Bank Bangladesh Ltd. Vs. A B Siddiq (Ludu), 2007, 36 CLC (AD)
.... short, are that the petitioner "The Oriental Bank Ltd.’' (previously Al-Baraka Bank, Bangladesh Limited) is a Banking Company incorporated in Bangladesh and carries on baking business, among other places, at the aforesaid address. 3. The respondent No. 2 is the owner ......sion (Civil) Present: Md. Ruhul Amin CJ MM Ruhul Amin J Md. Joynul Abedin J Md. Abdul Matin J Oriental Bank Ltd. former Al-Baraka Bank Bangladesh Ltd..........Petitioner Vs. A B Siddiq (Ludu).............rantor respondent No.1. 2. The facts, in short, are that the petitioner "The Oriental Bank Ltd.’' (previously Al-Baraka Bank, Bangladesh Limited) is a Banking Company incorporated in Bangladesh and carries on baking business, among other places, at the aforesaid addre...... by this Division. In such view of the matter we find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 144. ..Category: Business or Commercial Law | Date: | Hits: 122