Ship Finance and Jurisdiction of Admiralty court
First Security Islami Bank Ltd vs MV Javed and others reported in 69 DLR (2017) 408 – a Landmark decision confirming jurisdiction of Admiralty court as opposed to Artha Rin Adalat.
CIB Report of Nominee Director and Share Transfer
S.M. Akbar and Another vs Bangladesh Reported in 5CLR (HCD)(2017)307. The Decision confirmed that prior permission of Lender is required before transfer of share. Otherwise name of transferee will appear in CIB report. It is also decided that nominee director is also a director for the purpose of CIB Reporting.
Hasan Ali vs The State and Another reported in 4CLC(HCD)17 Whether other documents not related to cheque are required to be produced. The question is whether the trial court has judiciously applied its mind or not.
Freight and Charges
Maersk Bangladesh Limited vs Bangladesh reported in 4CLC(HCD)79. The collection of one person’s freight brokerage developed out of trade practice and the distribution of the same is lawfully made by the Government. No legislation is necessary to regulate Government trade practice.
Abdul Mannan vs State and Others 21 BLC (2016) 402. It was held that there was no bar in proceeding with a case under Negotiable Instruments Act while on the same matter, a Artho Rin matter is pending
Abdul Jalil & Others Vs. Judge, Artha Rin Adalat, 2nd Court, Dhaka & Another reported in 67 DLR 475 (In Artha Rin Execution case Bank needs to add Insurance Company as a party if claim remains unpaid)
LC Fraud (Hallmark case)
Alvi Spinning Mills Ltd & Others vs Govt of Bangladesh and others 19 MLR(HCD)277
Md. Shamsuddin and 254 others vs Bangladesh 2 CLR (HCD) 523 :
Mr. Rahman successfully argued in favour of client as to the duty of Ministry of Establish while absorbing surplus employees. This was crucial argument taken as the ratio of the decision as the right to direct absorption has not been accepted.
Freight Management and 16 others vs Bangladesh Bank 2 CLR (HCD) 586; 19 MLR (HCD)336: This is a landmark decision on Distinction between Master and House Bill of Lading and legality of House Bill for sea leg of the journey. Mr. Rahman successfully argued on the duties of the Carrier as opposed to freight forwarder under Foreign Exchange Regulations. Besides, Mr. Rahman successfully argued on the legality and confusion associated with circulation of two sets of title documents i.e. House and Master Bill of Lading for a single consignment.
Admiralty and Maritime claim
Marodi Services vs MV Swift Cro. in 2 CLR(HCD) (2014) 456: Chambers successfully represented its client in negotiation and reaching out of court settlement. The hon’ble court withdrawn the suit as per settlement terms and directed Central Bank to allow conversion of Takas into foreign currency upon submission of Chambers counsel
Arbitration (power plant)
BPDB vs. Summit Industrial & Mercantile Corporation Ltd & Others in 19 BLC(2014)284; 2 CLR(HCD) (2014)73: The Chambers successfully challenged the appointment of the arbitrator on the ground of Bias.
Dr. Moosa Bin Shamsher vs. Ayub Ali & Others 2 LNJ (2013) 1
Anwar Cement Limited vs. Bangladesh Bank 65 DLR (2013) 97 The landmark decision on inclusion of the name of third party guarantor in the CIB report. The Chambers successfully argued on the legal position as the the guarantor as per Bank Company Ain 1991 and Bangladesh Bank Order 1972 and was successful in its submission that name of the third party guarantor may appear in the CIB report however this will not stop them from taking loan from Bank.
Amjad Hossain vs. Bangladesh Bank 17 BLC (HC) 188. This is a important decision on right to fair hearing principles. The Chambers successfully argues on the exception to such right in a suitable circumstances.
Amjad Hossain vs. Bangladesh Bank 41CLC(HCD)2012
Anwar Cement Limited vs. Bangladesh Bank 40CLC(HCD) 2011