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N A Choudhury Vs. Controller of Insurance & Ors, 2005, 34 CLC (AD)
.... There is no hard and fast principle spelt out by the Government that any specific number of companies among which, the appellant were, would be accorded permission to have registration for doing the business of insurance and as such the argument that some other companies being given the permission ......orted in: V ADC (2008) 588. ......sider it in accordance with law. With the aforesaid observations the appeal stands dismissed. The parties do bear their respective costs. Ed. This Case is also Reported in: V ADC (2008) 588. ......sider it in accordance with law. With the aforesaid observations the appeal stands dismissed. The parties do bear their respective costs. Ed. This Case is also Reported in: V ADC (2008) 588. ..Category: Business or Commercial Law | Date: | Hits: 81
Chief Controller, Import and Export and others Vs. Md. Faruk Ahmed, 2005, 34 CLC (AD)
....) re-conÂditioned vehicles imported by him within a period of 10 (ten) days from the receipt of the judgment. 2. The respondent filed the said Writ Petition stating, inter alia, that in course of business he opened Letters of Credit being Nos. 1203/01/0045 dated 22.01.2002 and 1203/02/01/0172 da......11, 28, 8 LG (AD) (2011) 28. ...... appeal is allowed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 123 ; 12 BLC (AD) (2007) 44; 12 MLR (AD) 2007, 122; 19 BLT (AD) 2011, 28, 8 LG (AD) (2011) 28. ...... appeal is allowed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 123 ; 12 BLC (AD) (2007) 44; 12 MLR (AD) 2007, 122; 19 BLT (AD) 2011, 28, 8 LG (AD) (2011) 28. ..Category: Business or Commercial Law | Date: | Hits: 139
St. Electronics (Infer Software Sys.) Pvt. Ltd. Vs. Patimas Intel. Sdn Bhd & ors, 2007, 36 CLC (AD)
....s therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed with observation. Ed. This Case is also Reported in: V ADC (2008) 100. ......r Vs. Patimas International Sdn Berhad and others……….....Respondents Judgment June 6, 2007. Lawyers Involved: Rokanuddin Mahmud, Senior Advocate, instructed by Bivash Chandra Biswas, Advocate-on–Record- For the Petitioner. ......ed by it fulfilled the requirement of clause 6.1 of ITB and the bid was therefore responsive. It suffices to say that the fact of the case in hand does not call for overlooking or ignoring the corporate distinction in law of the respondent No.1 (PISB), AIT and PCB. There is therefore no coge......s therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed with observation. Ed. This Case is also Reported in: V ADC (2008) 100. ..Category: Business or Commercial Law | Date: | Hits: 110
Sarwar Zaman Vs. Yongtai Industries Bangladesh Ltd. and another, 2006, 35 CLC (AD)
....to hold the first AGM; subsequently, attempts were made to appoint three new directors, increase share capital to 2000 shares and issuing/redistributing the shares among directors by transacting such business through the meeting of Board of Directors as the statutory AGM could not be held but subseq...... August 20, 2006. Result: The petition is dismissed. Lawyers Involved: M.A. Aziz Khan, Advocate (appeared with the leave of the Court) instructed by A.K.M. Shahidul Huq, Advocate-on-Record-For the Petitioner. Not represented- the Respondents. Civil Petition for Leave to Appeal......any illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 855. ......any illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 855. ..Category: Business or Commercial Law | Date: | Hits: 151
Janata Bank and others Vs. National Electric Company Ltd., 2007, 36 CLC (AD)
.... from Sonali Bank and in view of the above the plaintiff did not take the loan from Sonali Bank but the defendant, though promised, ultimately did not give further loan to them and as a result the business of the plaintiff seriously hampered leading to the lay off of its factory; the defend......ellants Vs. National Electric Company Ltd…………….Respondent Judgment March 21, 2007. Lawyers involved: Mahmudul Islam, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Appellants. Not r......of the High Court Division can not be sustained. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 764. ......of the High Court Division can not be sustained. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 764. ..Category: Business or Commercial Law | Date: | Hits: 75
M/s. Sonali Aansh Trading (Pvt.) Ltd & anr Vs. M/s Birla Tyres & ors, 2005, 34 CLC (AD)
....on 56 When a court may grant a temporary or mandatory injunction- When plaintiffs’ distributorship was cancelled and newly appointed distributor was carrying on the business the plaintiffs have no prima facie case for injunction and as the balance of convenience a......hellip;…………...Respondents Judgment March 5, 2005. The Specific Relief Act, 1877 (I of 1877), Section 56 When a court may grant a temporary or mandatory injunction- When plaintiffs’ distributorship was cancelled an...... High Court Division has rightly made the rule absolute setting aside the ad interim injunction and mandatory injunction. The petition is dismissed. Ed. ...... High Court Division has rightly made the rule absolute setting aside the ad interim injunction and mandatory injunction. The petition is dismissed. Ed. ..Category: Business or Commercial Law | Date: | Hits: 100
Messrs Al-Haj Oil Mills Ltd. Vs. Wilmer Trading (Pvt.) Ltd. & Ors., 2006, 35 CLC (AD)
.... No. 214 of 2003 in the Court of Joint District Judge, 2nd Court, Chittagong stating, inter-alia, that the plaintiff is an industriel establishment under the Companies Act and he is engaged in the business of importing crude palm online and refining it thereafter and is marketing the refined pro......Ltd..................Petitioner Vs Wilmer Trading (Pvt.) Ltd. & Ors...........Respondents Judgement July 10, 2006 Lawyers Involved: Mahamudul Islam, Senior Advocate, (Amin Uddin, Advocate with him) instructed by A.K. M. Shahidul Huq, Advocate-on-Record......ended with as prayed for. Status-quo granted earlier be further extended till disposal of the appeal. The appeal is fixed on 6th November 2006 in the list at the top. Ed. ......ended with as prayed for. Status-quo granted earlier be further extended till disposal of the appeal. The appeal is fixed on 6th November 2006 in the list at the top. Ed. ..Category: Business or Commercial Law | Date: | Hits: 121
Bangladesh Agricultural Development Corporation Vs. Artha Rin Adalat and ors., 2006, 35 CLC (AD)
....well officers of the Court. We have perused the impugned judgment. There is no error. The petitions are therefore dismissed. Ed. This Case is also Reported in: 59 DLR (2007) (AD) 6. ......nbsp;59 DLR (2007) (AD) 6. ......well officers of the Court. We have perused the impugned judgment. There is no error. The petitions are therefore dismissed. Ed. This Case is also Reported in: 59 DLR (2007) (AD) 6. ......well officers of the Court. We have perused the impugned judgment. There is no error. The petitions are therefore dismissed. Ed. This Case is also Reported in: 59 DLR (2007) (AD) 6. ..Category: Business or Commercial Law | Date: | Hits: 135
Liu Ying Ping Vs. Leon Fang Ai, 1984, 13 CLC (AD)
....nts and for partition of the suit property consisting of a plot of land and building at 75 Dilkusha Commercial Area, Dhaka. It was stated in the plaint that she and the defendant had been carrying on business as partner of a Chinese Hotel and Restaurant in the name and style "Cafe China" in a rented......ndents Judgment January 4, 1984. The Partnership Act, 1932 (IX of 1932), Section 39 Concurrent findings of fact that the partnership does not subsist is grounded on evidence and therefore contention of the plaintiff that the partnership is still continuing is devoid of any substanceâ...... from this Court for a reasonable amount. In the circumstances a money decree for Tk. one lack fifty thousand is quite reasonaÂble. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 273. ...... from this Court for a reasonable amount. In the circumstances a money decree for Tk. one lack fifty thousand is quite reasonaÂble. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 273. ..Category: Business or Commercial Law | Date: | Hits: 114
Amin Scales Limited and another Vs. Md. Yakub, 1987, 16 CLC (AD)
.... is pending before the learned Company Judge of the High Court Division. 2. An application for winding-up on the ground of non-payment of debt was filed by the respondent-petitioner, a businessman, on 29 July 1986 and it was admitted for hearing by the learned Company Judge by an or......hellip;……….Respondent (In both the appeals) Judgment March 8, 1987 Cases Referred To- Ellal Textile Mills Ltd., 38 DLR (AD) 26; Re Sulekha Works Ltd, AIR 1965, Cal. 98. Lawyers Involved: Syed Ishtiaq Ahmed and Khondkar Mahbub......her proceeding to meet the ends of justice. We do not find any ground to interfere with either of these two orders. The appeals are dismissed without however any order as to costs. Ed. ......her proceeding to meet the ends of justice. We do not find any ground to interfere with either of these two orders. The appeals are dismissed without however any order as to costs. Ed. ..Category: Business or Commercial Law | Date: | Hits: 76
Dira Dockyard & Engineers Ltd. & ors Vs.Bangladesh Shilpa Rin Sangstha & ors, 1987, 16 CLC (AD)
....ally authorised by the Board in this behalf, may apply to the Distinct Judge within the local limits of whose jurisdiction the industrial concern carries on the whole or a substantial part of its business or the office of branch of the Sangstha from which the loan was disbursed it situated, fo......1986. Cases Referred To- Ocean Industries Ltd. Vs. Industrial Development Bank. (1966) 18 DLR (SC) 354; PLD 1966 SC 1938. Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate (Mahmudul Islam, Advocate with him) instructed by Md. Aftab Hossain, Advocate on Record......in Article 33 of the Order. For the reasons stated above, we are of the view that the appeal must fail. It is accordingly dismissed but there will, however, be no order as to costs. Ed. ......in Article 33 of the Order. For the reasons stated above, we are of the view that the appeal must fail. It is accordingly dismissed but there will, however, be no order as to costs. Ed. ..Category: Business or Commercial Law | Date: | Hits: 100
Ghyasuddin Ahmed Vs. Q.N. Faruque & others, 1986, 15 CLC (AD)
....mpany was to be held within 18 months from the date of incorporation, that is, within 16th May 1985. Respondents asked appellant to hold a meeting of the Board of Directors to discuss the affairs and business of the Company and its accounts who, howÂever, refused to comply with this request. A meet......ondents Judgment March 24, 1986. The Companies Act, 1913 (VII of 1913), sections 79(3) and 76(3) Having regard to the powers conferred under sections 76 (d) and 79 (d), the Court may order a meeting of the company only under the conditions provided under those provisions. Be......ts audited by M/s. S.F. Ahmed & Co as resolved by the Board of Directors on 3.9.84 and the accoÂunts and balance sheet placed in the said general meeting upto 31.12. 84. 3. The Company was incorporated on 17th November 1983. Appellant is the permanent Managing Director of the Company. Respo...... of the learned Company Judge are modified acÂcordingly. The appeal is allowed is part. There will, however, be no order as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 296 ..Category: Business or Commercial Law | Date: | Hits: 111
M/s Hajee Mohammad Ali & Sons Vs. Burma Eastern Ltd. & others, 1986, 15 CLC (AD)
....68. Originally the dealership licence was held by one Hajee Mohammad Ali, Managing Partner of the appellant firm under an agreement dated 1st December 1967. Subsequently, when the sole proprietorship business was converted into the partnership a fresh agreement was executed by respondent No. 1 in fa......ly 22, 1985. Result: The appeal is allowed. The Abandoned Property Order, 1972 (P.O. 16 of 1972) Taking over and handing over of possession of the petrol pump station was done without authorization of law and prior notice to the Appellant firm. This act is complete disregard of the expre......dgment of the High Court DiviÂsion is set aside and that of the trial Court is restored. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 41. ......dgment of the High Court DiviÂsion is set aside and that of the trial Court is restored. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 41. ..Category: Business or Commercial Law | Date: | Hits: 118
Jabed Ali Sarker Vs. Dr. Sultan Ahmed and another, 1975, 4 CLC (AD)
....ncellation of the stamps contemplated in section 12 of the Stamp Act is a question of fact. The object of effectively canceling stamps is to make it unfit for further use in the ordinary course of business. The effectiveness of cancellation has to be determined by reference to the question ......ip;..Respondent Judgment March 17 & 18, 1975. Lawyers involved: Syed lshtiaq Ahmed. Additional Attorney General, M. Nurullah, Advocate, instructed by S. M. Haq, Advocate-on-Record-For the Appellant......judgment of a Division Bench of the High Court Division affirming that of the learned single judge of that division who directed rectification of the Share Register of respondent No. 2 a Company incorporated under the Companies Act on an application filed by Respondent No. 1 under section 33 of ......question of fact and since this has been decided by the Courts below, we find no substance in the contention of the learned Counsel. This appeal is accordingly dismissed with cost. ..Category: Business or Commercial Law | Date: | Hits: 113
Bangladesh Bank Vs. Debendra Nath Dutta, 1981, 10 CLC (AD)
....r other officer of the company shall attend before the court on a day appointed by the court for that purpose, and be publicly examined as to the promotion or formation or the conduct of the business of the company, or as to his conduct and dealings as director, manager or other officer...... Debendra Nath Dutta ……………………...........Respondent Judgment. April 9, 1980. Lawyers Involved: Ahmed Husain, Senior Advocate instructed by Aminul Huq, Advocate-on-Record—For the Appellants. K.A. Bak......view of the above, the appeal is allowed, the decision of the Appellate Beach is set aside and that of the company Judge restored. However, there will be no order as to costs. Ed. ......view of the above, the appeal is allowed, the decision of the Appellate Beach is set aside and that of the company Judge restored. However, there will be no order as to costs. Ed. ..Category: Business or Commercial Law | Date: | Hits: 101
A.S.A. Nur Vs. Registrar of Joint Stock Companies, Dacca, 1981, 10 CLC (AD)
....vant facts which led to the formation of the Company are as follows:— (a) Pakistan National Oils Limited was a Company registered in Pakistan which, inter alia, carried on business of distribution and marketing of petroleum products in the territories now comprising Ban......lip;…………. Respondents Judgment November 24, 1980. Lawyers Involved : Amirul Islam, Advocate, instructed by Md, Aftab Hossain, Advocate-on-Record—For the Appellant. Ex-parte—For the Respondent. Civil Appeal No. 20......n 8 2) of Petroleum Act, 1974(Act No. LXIX of 1974) established a private limited company in the name and style of Jamuna Oil Company Limited under the Companies Act, 1913. The company was incorporated on 12th day of March. 1975 and a Certificate of incorporation No. 181—C4522 of ......ge and the Division Bench are set aside. The case is remitted back to the Company Judge for disposal of the matter in accordance with law. There will be no order as to costs. Ed. ..Category: Business or Commercial Law | Date: | Hits: 107
Bengal Water Ways Ltd. and other Vs. Rahimuddin Ahmed and others, 1982, 11 CLC (AD)
....quered history, case of respondent No. 1 Rahimuddin Ahmed is that his elder brother Alauddin Ahmed and his late father Shamsuddin Ahmed hid a partner-ship firm for carrying on water transport business. After the death of his father in October, 1960, Rahimuddin Ahmed and other heirs of his f......hers………………………….Respondents Judgment June 8, 1981. Cases Referred to- Hind Overseas Private Ltd. reported in A. I. R. 1976 (S.C) 565; Lodli Prashad vs. Karnal Distillery Company, 17 D.L.R. ......to an agreement for forming a private limited company to take over the business of the partnership firm and in pursuance of that agreement a company, namely, Pak Water Ways Limited was formed and incorporated under the Companies Act on 30th January, 1961. Alauddin Ahmed, the elder brother an......private limited Company more or less as a partnership. With these words I concur with the judgment delivered by my learned brother Masud, J. and dismiss the appeal with costs. Ed. ..Category: Business or Commercial Law | Date: | Hits: 110
Karachi Stock ExchanÂge Vs. Kurban Ali M. MerÂchant and others, 1973, 2 CLC (AD)
....ication was made for an order to restrain the defendant from realizing a sum of Rs. 15,000 held in deposit on her account by the Karachi Stock Exchange Limited. The deposit was described as a forward business deposit. The application was resisted, but on the 7th February 1961, a learned Single Judge...... Exchange, viz. that it amounts to a 'floating security'. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 82. ...... the present case, created by rule 3(iv) of Forward Contracts Rules of the Exchange, viz. that it amounts to a 'floating security'. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 82. ...... the present case, created by rule 3(iv) of Forward Contracts Rules of the Exchange, viz. that it amounts to a 'floating security'. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 82. ..Category: Business or Commercial Law | Date: | Hits: 74
M.V. Aghia Thalassini and others Vs. Abu Bakr Siddique and others, 1980, 9 CLC (AD)
....e Admiralty Suit for a decree for Tk. 54,43,567/00 as damages for delaying the carriage of goods and other causes. 2. Facts in short are Respondent No. 1 is the Proprietor of A.M. Traders to carry business of import and export. Appellant No. 1 is the Panamian Vessel and Appellant No. 2 and 3 are ......ecided in the negative as to exercise of discretion and the matter ends there.…….(9) Cases Referred to- Njgos (1935) All E R. 863; Anne field, (1971) All E.R., P-394; Thomas & Co. Ltd. vs. Portsea Steamship Co. Ltd. (1912) A.C. 1; AIR 1963 (SC) 1044. Lawyers Involved: Faqueer Shahabu......ned by respondent No. 7 and Respondent No. 6 as agent of appellant No. 2. Thereafter the vessel was loaded with salt and two Bills of Lading dated 3-8-77 were issued and these Bills of Lading which incorporated the charter-party by general words were ultimately endorsed in favour of A. M. Traders, t......uch discretion cannot be exercised. There is the end of the matter. In the result, therefore, this appeal is disÂmissed with costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 107 ..Category: Business or Commercial Law | Date: | Hits: 89
Abu Yousuf Vs. Bangladesh and others, 1993, 22 CLC (AD)
....nly be brought to an end by an amendment of the Ordinance by deleting its name from the schedule, The Ordinance was promulgated to provide for the coordination of management of the affairs and business of certain public corporations for a limited purpose. The liquidation of Responden............Petitioner Vs. Bangladesh and others .........................Respondents Judgment August 11th, 1992. Lawyers Involved: Abdur Rab-I, Advocate-On-Record-For the Petitioner. Not Represented-The Respondents. Civil Petitions for Le......n when in its Company Court the liquidation proceeding itself is pending for disposal. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 162 ......n when in its Company Court the liquidation proceeding itself is pending for disposal. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 162 ..Category: Business or Commercial Law | Date: | Hits: 104
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