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Bangladesh Agricultural Development Corporation Vs. Kibria and Associates Ltd., 1994, 23 CLC (AD)
....s resumed the work from 21 March 1983. The respondents, in addition to their bill for the main construction work under the Agreement, submitted a Bill (Bill No. 1) demanding compensation for their business‑loss caused due to the suspension of the work for 47 days; they held the appellants ......on (Civil) Present: Shahabuddin Ahmed C J MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Bangladesh Agricultural Development Corporation (BADC), represented by its Secretary ....... Appellant (In both the appeals) Vs. ......ree as the power to grant interest after passing of the decree vests exclusively in the court under section 29 of the Act. Ed. This case is also reported in: 46 DLR (AD) (1994) 97 ......ree as the power to grant interest after passing of the decree vests exclusively in the court under section 29 of the Act. Ed. This case is also reported in: 46 DLR (AD) (1994) 97 ..Category: Business or Commercial Law | Date: | Hits: 98
Sonali Bank Vs. Karnaphuli Works Ltd., 1993, 22 CLC (AD)
....r the plaintiff-respondent (hereinafter plaintiff) contends that the Court certainly got such powers but, in this case, what has been awarded by the Court is not interest but compensation for loss of business for non payment of the balance of the price of goods supplied by the plaintiff to the defen......n (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: Th......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. ......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. ..Category: Business or Commercial Law | Date: | Hits: 128
Government of Bangladesh Vs. Amora Holding Inc. Panama and other, 2006, 35 CLC (AD)
....ation of the assertion of the appellant that the vessel in question was arrested within the territorial water of Bangladesh and the log book which has been prepared in the usual official course of business, carries a presumption that the official acts were done regularly to support the case of t......overnment of Bangladesh represented by the Secretary (IRD) and Chairman, NBR, Ministry of Finance, Internal Resources Division and anr.........................Appellants Vs. Amora Holding Inc. Panama and other............................Respondents Judgment ...... 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. ...... 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. ..Category: Business or Commercial Law | Date: | Hits: 96
Sonali Bank Vs. United Commercial Bank Ltd. and others, 1992, 21 CLC (AD)
....______3. It was stated in the application that the judgment‑debtor No. 2 was formerly a Director of the UCBL. He had 25,000 shares of Tk. 100 each in the said Bank. The Bank in due course of business provided credit facilities to the various companies owned by the judgment‑debtor No.......ant Vs. United Commercial Bank Ltd. and others................ Defendant-Respondents Judgment March 30th 1992. Lawyers Involved: Moksumul Hakim, Senior Advocate, instructed by B Hossain, Advocate-on-Record-For the Appellant. Fazlul Karim, A......s which were lying with respondent No. 1 against the outstanding liabilities of the judgment‑debtor No. 2 were sold and the share certificates were delivered to the purchasers. Ed. ......s which were lying with respondent No. 1 against the outstanding liabilities of the judgment‑debtor No. 2 were sold and the share certificates were delivered to the purchasers. Ed. ..Category: Business or Commercial Law | Date: | Hits: 124
Sonali Bank and others Vs. Gazi Abdur Rashid and others, 1992, 21 CLC (AD)
....tract Ext. X(4) between defendants Nos. 7 & 4 and that the plaintiff never ratified the same. 17. About the implied authority of professional agents when employed in die course of business as agent, Bowstead says in his book on Agency (13th Edition, 1968 at page 78): ...................................... Respondents [In CA No. 68/90] Judgment February 4th, 1991. Lawyers Involved: Asrarul Hossain, Senior Advocate instructed by B Hossain, Advocate-on-Record - For the appellants in CA No. 61/90 and re......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. ......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
Guiness Peat (Trading) Limited Vs. Md. Fazlur Rahman, 1992, 21 CLC (AD)
.... 3. The appellant filed an application under Order VII rule 11 CPC for the rejection of the plaint on the ground that the Court had no jurisdiction since the defendant does not reside or carry on business within the jurisdiction of this Court and it is ex facie evident from the plaint that no ......…..Appellant Vs. 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 ......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. ......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. ..Category: Business or Commercial Law | Date: | Hits: 124
Government of Bangladesh Vs. Anis and Co. and others, 1991, 20 CLC (AD)
....g duly " endorsed in full" in his favour by name the consignee, Transclear. (5) Admittedly, the transaction in the present case is "cash against document" which is an internationally recognised business practice. The said transaction was not denied by the appellants and which is also permissi......ppellants Vs. Anis and Co. others .......................Respondents (In Civil Appeal No. 23 of 1991) Judgment August 29, 1991. Lawyers Involved: Abdul Wadud Bhuiyan, Additional Attorney General, instructed by Mvi. Md. Wahidullah, Advocate‑on‑Record ‑ For the Appellants (I......peals are dismissed without any order as to costs. Order of the Court By majority decision the appeals are allowed without cost. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 65. ......peals are dismissed without any order as to costs. Order of the Court By majority decision the appeals are allowed without cost. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 65. ..Category: Business or Commercial Law | Date: | Hits: 130
Government of Bangladesh Vs. Messres A. T. J. Industries Ltd. and others, 1976, 5 CLC (AD)
....ary, Ministry of Industries. And Mr. Saifuddin Ahmed accordingly took over the management of the Company of 3.3.72 On 14.4.72 Mr. Saifuddin appointed respondent No. 2 to supervise and manage the business of the Company and in September 1972 Sajjad Hossain and his wife executed a general power o......t. Vs. Messrs A. T. J. Industries Ltd. and others…….Respondents Judgement March 15, 1976. Result: The appeal is dismissed. Lawyers Involved: Faqeer Shahabuddin Ahmed, Attorney-General with Mahmudul Islam, Assistant Attorney-General—For the Appellant. Shah Abu Mayee......sturb the decision of the High Court Division. Subject to the observation made above, the appeal is dismissed with no order as to costs. Ed. This Case is also Reported in: 28 DLR (AD) 120. ......sturb the decision of the High Court Division. Subject to the observation made above, the appeal is dismissed with no order as to costs. Ed. This Case is also Reported in: 28 DLR (AD) 120. ..Category: Business or Commercial Law | Date: | Hits: 129
Karnaphuli Rayon and Chemical Ltd. Vs. The Govt. of Bangladesh and others, 1976, 5 CLC (AD)
....sense and the second rule is that if the statute is ore passed with reference to a particular trade, business or transaction, words are used therein which everybody conversant with that trade, business or transaction knows or understands to have a particular meaning in it, then the words are......nner (Holdings) Ltd. (1967) All E.R. 756; Thompson Vs. Goold & Co. (1910) A.C. 409 P- 420); Vickers, Sons & Maxim Ltd. Vs. Evans (1910) A.C. 444 of page 445; Messers Usmania Glass Sheet Factory Limited Vs. Sales T s Officer, Chittagong (1970) 22 DLR (SC) 43T— PLD 1971 SC 205. ......shy;nufacture by the appellant Company is declared to have been issued without lawful authority and was of no legal effect. There shall be no order as to costs in this appeal. Ed. ......shy;nufacture by the appellant Company is declared to have been issued without lawful authority and was of no legal effect. There shall be no order as to costs in this appeal. Ed. ..Category: Business or Commercial Law | Date: | Hits: 109
Abdur Rahim Afroze Vs. B. C. Aga and Co. Ltd. and others, 1977, 6 CLC (AD)
....hittagong in other suit No. 17 of 1958 in terms of an award. 2. The circumstances leading to the aforesaid suit are as follows B. C. Aga & Co. (hereinafter called the respondent) while carrying on business under the name and style L. D. Seymore & Co. (Pak) Ltd. was requested by the appellant who .........................................Appellant Vs. B. C. Aga and Co. Ltd. and others…………………… Respondents Judgment February 18, 1975. Lawyers Involved: S. R. Pal. Senior Advocate, Supreme Court, instructed by Abdur Rab, (absent) Advocate-on-Record—For the Appellant......therefore, jurisdiction to enter upon arbitration on his appointment and the award made by him was not void. In the result the appeal is dismissed without, however, any order as to costs. Ed. ......therefore, jurisdiction to enter upon arbitration on his appointment and the award made by him was not void. In the result the appeal is dismissed without, however, any order as to costs. Ed. ..Category: Business or Commercial Law | Date: | Hits: 86
Sadharan Bima Corporation Vs. Sanjib Kumar Das & another, 1995, 24 CLC (AD)
.... are words of common form which from long usage and frequent decisions of the Court have received a fixed and more or less conventional meaning, or (3) if by the universal custom of some trade or business an artificial meaning peculiar to that trade or business has been attached to the words i......) (1995) 97 ......nterpretation given by the High Court Division, we dismiss the appeal for the reasons above without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 97 ......nterpretation given by the High Court Division, we dismiss the appeal for the reasons above without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 97 ..Category: Business or Commercial Law | Date: | Hits: 114
Sadharan Bima Corporation Vs. Bengal Liner Ltd. and another, 1996, 25 CLC (AD)
.... case, 1954(2) Lloyd’s Rep. 95(101), “... in cases of marine insurance it is highly desirable that our decisions be kept in harmony with those of England, “the great field of this business.” It is necessary to examine the marine policy in question (Ext.1) to underst......ate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Sadharan Bima Corporation……………………………&h...... decreed for an amount of US $ 5,87,028.00 including cost to the plaintiff-respondent which we assess at US $ 53, 366.00. Ed. This case is also reported in: 48 DLR (AD) (1996) 143 ...... decreed for an amount of US $ 5,87,028.00 including cost to the plaintiff-respondent which we assess at US $ 53, 366.00. Ed. This case is also reported in: 48 DLR (AD) (1996) 143 ..Category: Business or Commercial Law | Date: | Hits: 151
Moqbul Ahmed and another Vs. Ahmed Impex (Pvt.) Ltd. and ors, 1996, 25 CLC (AD)
....hares and resigned from the directorship if an undated cheque for Taka 5,00,000.00 be given to them representing the value of their shares and claim on appellants profits in the business of the company and they promised to return the cheque for an equivalent cash amount ......Kamal J Latifur Rahman J Md. Abdur Rouf J Moqbul Ahmed and another........................Appellants Vs. Ahmed Impex (Pvt.) Ltd. and ors………………… Respondents Judgment Ma......fe of another younger brother of appellant No. 1. The appellants and the said respondents formed a Private Limited Company limited by shares, namely, Ahmed Impex (Pvt) Ltd., Chittagong which was incorporated under the Companies Act. The authorised capital was Taka 20 lakh divided into 20,000 sha...... of the learned Single Company Judge, if so advised. The appeal is therefore allowed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 82 ..Category: Business or Commercial Law | Date: | Hits: 118
City Bank Limited and others Vs. Bangladesh Bank and others, 1999, 28 CLC (AD)
....nd any substance in the submissions made by Mr. Rokanuddin Mahmud. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 262. ......Act, 1993 (XXVII of 1993), Section 3 The Constitution of Bangladesh, 1972, Article 27 The embargo on banks, insurance companies and other financial institutions to nominate its directors on the Board of a financial institution is based on a reasonable classification. It appears to ......ng two months after the hearing and in the process all, the arguments of the learned Advocate for the petitioners were lost. His main submission is that section 25(3) has taken away the right of a corporate entity to be represented by its own directors. A corporate body like a banking company wh......nd any substance in the submissions made by Mr. Rokanuddin Mahmud. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 262. ..Category: Business or Commercial Law | Date: | Hits: 106
Phoenix Leasing Ltd and others Vs. Bangladesh Bank and others, 1999, 28 CLC (AD)
....surance or financial institutions. Thus all the submissions of Dr. Zahir fail and the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 258. ......ents Judgment July 12, 1999. The Financial Institution Act, 1993 (XXVII of 1993), Section 48 i) Section 25(3) is not a provision which is concerned with the individual or representative character of a director. Petitioner Nos. 2 and 5 may be the nominee-directors of......nsurance or financial institution in their individual capacity, and personally holding shares in the financial institution in question. It does not refer to directors who are nominee-directors of a corporate body. The nominee-directors do not represent themselves or their own personal shareholdi......surance or financial institutions. Thus all the submissions of Dr. Zahir fail and the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 258. ..Category: Business or Commercial Law | Date: | Hits: 96
Faruk (Md) Vs. Abdul Hamid and others, 1999, 28 CLC (AD)
....ation. They alleged that the petitioners and respondent Nos. 2-6 formed a private limited company under the name and style of Madina Vegetable and Oil Refinery Industries (Pvt) Ltd. taking over the business, assets and liabilities of Madina Vegetable, & Oil Refinery Industries, a proprietary ......sp; April 30, 1998. The Companies Act, 1994 (XVIII of 1994) Sections 210(7) & 233 The provisions of appointing auditors in the annual general meeting is for prospective auditing of a company. When the minority share...... that view of the matter the oral prayer for stay of the present order is refused. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 48. ...... that view of the matter the oral prayer for stay of the present order is refused. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 48. ..Category: Business or Commercial Law | Date: | Hits: 100
Mustafa Kamal and another Vs. Commissioner of Customs and others, 1999, 28 CLC (AD)
....ush into issuing a Rule Nisi and stay payment of duties and taxes. It should take notice under section 114(e) of the Evidence Act, 1872 and should start with the presumption of regularity in official business. Initially, in the writ petition itself, the writ petitioner must include some reliable and......ember 8, 1999. Result: The two appeals are allowed The Customs Act, 1969 (IV of 1969), Section 25 (7) In fixing tariff value by the Government on the recommendation of a high powered advisory committee such committee does not possess any unfettered, unlimited and absolutely arbitrary dis...... lawful authority insofar as they relate to Soda Ash Light. In the result, the two appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 1. ...... lawful authority insofar as they relate to Soda Ash Light. In the result, the two appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 1. ..Category: Business or Commercial Law | Date: | Hits: 165
Bangladesh Krishi Bank Vs. Meghna Enterprises and another, 1998, 27 CLC (AD)
....rest in full. Respondent No.1 thereafter applied for loan in the year 1982 and the appellant-Bank again sanctioned Taka 29.50 lakh against pledge of potatoes. In 1981-82, respondent No.1 suffered a business loss and consequently it failed to repay the loan with interest. In the year 1983, the app...... March 1, 1998. The Public Demands Recovery Act, 1913 (III of 1913), Section 10A The Constitution of Bangladesh, 1972, Article 65(1) Articles 27 & 31 All the defaulting borrowers of Krishi Bank are entitled to equal protection of law provided by the Act by way of appea......e Public Demands Recovery Act. Section 10A was inserted by the Bengal Public Demands Recovery (Amendment) Ordinance, 1961 (East Pakistan Ordinance No. XXXV of 1961) wherein special provision was incorporated for recovery of dues in respect of Bangladesh Krishi Bank including other Government age......ourt Division is not sustainable in law. Consequently, both the appeals are allowed with costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 194; 52 DLR (AD) (2000) 57. ..Category: Business or Commercial Law | Date: | Hits: 150
....um and articles of association, that the meeting and resolution dated 7-1-95 was prima facie invalid, that if the injunction was granted this would not in any way create problem in the running of the business of the company, particularly the publication of the newspaper, the daily Ittefaq, and that ......
Appellate Division
(Civil)
Present:
ATM Afzal CJ
Mustafa Kamal J
Latifur Rahman J
Md. Abdur Rouf J
Bimalendu Bikash Roy Choudhury J
Mohibul Ahsan (Md) (Shawan), Director, Ittefaq Group of Publication and others …………. Petitioner
Vs.
Ittefaq Group of Pu......erit of reminding an old wisdom of joining even unfriendly hands for protecting a common inheritance.
The petition is dismissed.
Ed.
This Case is also Reported in: 50 DLR (AD) (1998) 138.......erit of reminding an old wisdom of joining even unfriendly hands for protecting a common inheritance.
The petition is dismissed.
Ed.
This Case is also Reported in: 50 DLR (AD) (1998) 138...
Category: Business or Commercial Law | Date: | Hits: 121
Vice Chairman, Export-Promotion Bureau and Govt. of BD Vs.
....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...... Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md Abdur Rouf J BB Roy Choudhury J Vice Chairman, Export-Promotion Bureau………………….Petitioner Gover......ification (Annexure-A to the writ petition) cannot stand, even without a challenge of the Government’s action. The leave petitions are, therefore, dismissed. Ed. ......ification (Annexure-A to the writ petition) cannot stand, even without a challenge of the Government’s action. The leave petitions are, therefore, dismissed. Ed. ..Category: Business or Commercial Law | Date: | Hits: 117
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