Search Options
Judgment Advanced Search
Displaying 181-200 of 939 results.
....
(a) the cheque has been presented to the bank within a period of six months from the date on which it is drawn or within the period of its validity, whichever is earlier;
(b) the payee or the holder in due course of the cheque, as the case may be, makes a demand for the payment of the said a......Md. Habibullah and another......................Opposite Parties
Judgment
July 19, 2004.
Result:
The Rule is discharged.
According to section 138 of the Act (XXIV of 1881), a cheque drawn by a person for payment of any amount of money to any other persons out of his account ..
Category: Banking Law, Criminal Law | Date: 19 Jul, 2004 | Hits: 3
Zamini Bala Das Vs. Abdul Aziz and others, 2004, 33 CLC (HCD)
....le Execution Case No.01 of 2003. By order dated 21‑1‑2003 a Writ of delivery of possession was issued and same date the process server returned the process by delivery of possession to the decree holder. 9. Against the decree, the defendant presented Title Appeal No.9 of 2003 before th......f the trial Court restored. The suit is decreed as prayed for. Send down the record at once. Ed. This Case is also Reported in: 57 DLR (2005) 774. ..Category: Property Law | Date: 17 Jul, 2004 | Hits: 4
Rokeya Begum Vs. Md. Nurul Absar and others, 2004, 33 CLC (AD)
....- agricultural land, that the pre-emptors is not a co-sharer of the holding since the jama has been separated by the pre-emptor as well as by the pre-emptees, that pre-emptor is not a contiguous land holder in respect-of the land sought to be pre-empted since there is a pathway separating the land s......e granted the relief prayed for. 28. In the background of the discussions made herein before we find merit in the appeals. Accordingly the appeals are allowed. There is no order as to costs. Ed. ..Category: Property Law | Date: 25 Apr, 2004 | Hits: 42
Abul Bashar and ors. Vs. Prafulla Kumar Das & ors., 2004, 33 CLC (AD)
....ffs also filed an application in the Execution Case with the prayer for recalling the writ of delivery of possession and the Court allowed the same. But subsequently, on the prayer of the decree holder, the said order was vacated. As against the said order of the Court of Assistant Judge the pl......Division could not be pointed out calling for interference by this Division, the petition is dismissed with cost. The cost is assessed fee of one day hearing of a Senior Counsel. Ed. ..Category: Property Law | Date: 2 Nov, 2003 | Hits: 96
Shah Gauhar Jamil Palash Vs. Shah Md. Mansur, 2003, 32 CLC (HCD)
....ting possession thereof or a case in which a decree for possession has been granted or a permanent injunction granted restraining the opposite party from interfering with the possession of the decree-holder, falls outside the jurisdiction of a Magistrate under section 145 CrPC. Action can, of course......e impugned judgment and order of the learned Sessions Judge is hereby vacated. Communicate the order to the court below at once. Ed. This Case is also Reported in: 57 DLR (2005) 298. ..Category: Criminal Law | Date: 1 Nov, 2003 | Hits: 1
General Manager, Bangladesh Bank Vs. Saiyed Shahidul Haque and others, 2003, 32 CLC (HCD)
....se we direct that parties shall bear their respective costs of litigation. Lower Court's Record be sent down as early as possible. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 161. ......se we direct that parties shall bear their respective costs of litigation. Lower Court's Record be sent down as early as possible. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 161. ..Category: Property Law | Date: 23 Aug, 2003 | Hits: 35
DU rep. by its VC Vs. Associated Engineering & Drillers, 2004, 33 CLC (AD)
....urt of Bangladesh and during the period the awarded money was secured and covered by deposit of the Bank guarantee and on 16‑8‑1999 the entire awarded money was paid to the decree‑holder‑ respondent by cheque. That the decree‑holder‑respondent filed Title Execu...... dated 28‑4‑1999 but the same was dismissed on 30‑6‑1999. The appellant‑Dhaka University paid the entire awarded amount of Taka 1,37,66,309 on 26‑8‑1999 by cheque. That the trial Court made the award a Rule of the Court on 8‑3‑1998 which was c..Category: Civil Law | Date: 20 Aug, 2003 | Hits: 291
.... waived.
17. Accordingly, both the applications are dismissed and the rule is made absolute without any order as to costs.
The Court below, however on the basis of application of the decree holder, if any, will be liberty to issue necessary order for auction sale and/or civil warrant of ar......y to issue necessary order for auction sale and/or civil warrant of arrest etc after compliance of the provisions of law.
Ed.
This Case is also Reported in: 57 DLR (2005) 245.
..
Category: Civil Law | Date: 11 Aug, 2003 | Hits: 21
Bangladesh Vs. Md. Matiur Rahman and another, 2006, 35 CLC (AD)
....spondent No. 1 to release the goods on acceptance of the customs duty and other levies to be assessed by the Customs Authority. 3. Facts, in short, are that the writ-petitioner as bond licence holder availed opportunity of bond facilities. On December 6, 2001 the Customs Authority issued a le......on on acceptance of the customs duty and other levies to be assessed by the Customs Authority is stayed till disposal of the writ petition. There is no order as to costs. Ed. ..Category: Business or Commercial Law | Date: 26 Jul, 2003 | Hits: 128
Abdul Kader Rabbani and others Vs. Ebaruddin and others, 2003,32 CLC (HCD)
....ppeal No.625 of 1966 was dismissed by judgment and decree dated 1‑2‑1980. During pendency of the second Appeal No.625 of 1966 there was no order of stay of the execution proceeding and the decree holder put the decree into execution being Title Execution No.36 of 1969 and during the proceeding o......ance with law and in the light of the observation made in the body of the judgment. Send down the LC record at once. Ed. This Case is also Reported in: 57 DLR (2005) 307. ..Category: Civil Law | Date: 1 Jul, 2003 | Hits: 4
Amir Hossain Vs. MA Malek & others, 2004, 33 CLC (AD)
.... is no bar for the complaint case to proceed side by side with winding up proceeding. In view of the above, the appeal is allowed. Ed. This Case is also Reported in: 56 DLR (AD) 146. ......ction 138 All the requirements of law are available in this case to bring the offence under section 138 of The Negotiable Instruments Act as the convict-respondent admitted the loan, issuance of cheques by him and those cheques being dishonoured. The Code of Criminal Procedure, 1898 (V of ..Category: Criminal Law | Date: 15 Apr, 2003 | Hits: 88
Abdur Rashid (Md) Vs. LGRD and Cooperatives, Local Government Division and others, 2003, 32 CLC (AD)
....ht not only of the returned candidate but also of the constituency or the electoral college which he represents. Removal from such an office is a serious matter. It curtails the statutory term of the holder of the office. A stigma is cast on the holder of the office in view of certain allegations ha...... Accordingly, the petition is dismissed. Ed. Same Case Cited in: 55 DLR (AD) (2003) 72. ..Category: Others | Date: 27 Jan, 2003 | Hits: 89
Govt. of BD, rep. by the Sec., Min. of Defence & ors. Vs. Md. Afzal Hossain Ansari, 2003, 32 CLC (AD
....peal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 65. ......rtment and that also without bringing to the notice of the higher authority principles of purchase as were in the Memo dated July 29, 1985 of the Ministry of Finance and that received current account cheques instead of bank draft or pay order from the bidders and, as such, committed gross negligence..Category: Administrative Law | Date: 8 Jan, 2003 | Hits: 122
Ahmed Impex (Pvt) Ltd. & others Vs. Moqbul Ahmed & others, 2002, 31 CLC (AD)
.... Taka 20,00,000 divided into 20,000 shares of Taka 100 each. Its subscribed capital consists of fully paid up 600 shares of Taka 100 each. 3. The company when floated in the year 1978 had 5 share holders, present respondent No. 1 and his wife respondent No. 2 were two of the shareholders while t......to be secured from the bank against the said papers. He also gave an undertaking in writing to that effect on that day by way of assurance for payment of the share of profits and also gave an undated cheque being No. 481‑621 for Taka 5,00,000 (Taka five lac) only in favour of respondent No.1 givin..Category: Business or Commercial Law | Date: 5 Nov, 2002 | Hits: 208
Hashibul Bashar Vs. Gulzar Rahman and anr., 2004, 33 CLC (AD)
....heque and thereupon in spite of notice to pay the cheque amount or, in other words, for commission of an offence under section 138 of the Negotiable Instruments Act is to be filed by the payee or the holder in due course of the cheque. 9. It is not disputed that accused-petitioner issue......e Instruments Act. 3. It has been stated in the petition of complaint that accused petitioner borrowed Taka 30,77,000 from his relation Md. Anwarul Islam. The accused petitioner issued 3 cheques totaling Taka 30,77,000 on different dates for repayment of the loan amount in favour of Md ..Category: Business or Commercial Law | Date: 28 Oct, 2002 | Hits: 326
Amir Hossain Vs. Homeland Footwear Ltd. and others, 2002, 31 CLC (HCD)
....pany instead of the petitioner because those machineries were set up in its premises. However, the operational control of the plant and the machineries as well as the beneficial ownership of the leaseholder interest remained with the petitioner. In respect of the MOU dated 2‑6‑2000, it was state......th July, 2000, but the company failed to repay the said amount within the stipulated time, however, on 8th May, 2001, the company repaid Taka 5,50,000. Thereafter, the respondent-company issued three cheques, cheque dated 15‑4‑2001 for Taka 30 lakh, cheque dated 15‑5‑2001 for Taka 15.00 lakh..Category: Company Law | Date: 21 Jul, 2002 | Hits: 226
State Vs. Chief Editor, Manabjamin and others, 2002, 31 CLC (HCD)_Part One
....mentality must be developed to cope with the situation and those thing's were behind the back of the mind of the Constituent Assembly when they framed the Constitution. The Judges of the court as holder of a constitutional post takes an oath before entering into the office to defend, protect and......imprisonment for a period of one month with a fine of Taka 2000 (two thousand) payable within two months, in default, to undergo further simple imprisonment for a period of one month. Part Two ..Category: Contempt of Court Law, Criminal Law | Date: 20 May, 2002 | Hits: 201
Jabed Ali Sheikh (Md) and others Vs. Md. Abdus Sobhan Sheikh and others, 2002, 31 CLC (AD)
....Sheikh and others………….Respondents Judgment April 30, 2002. Result: The petition is dismissed. The Code of Civil Procedure, 1908 (V of 1908), Order XXI rule 26 The decree holders should be allowed to enjoy the fruits of the decree and upon filing a subsequent suit furthe......point out any legal infirmity in the same. There is, therefore, no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 64. ..Category: Property Law | Date: 30 Apr, 2002 | Hits: 121
Delwar Hossain Vs. Rajiur Rahman Chowdhury and another, 2003, 32 CLC (AD).
.... interference. The criminal petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 58. ......inal Procedure, 1898 (V of 1898), Section 561A Due to inducement the complainant paid money to the accused on the undertaking to repay as and when demanded. The accused issued cheques for repayment which were dishonoured, it is a prima-facie case of deception. Moreover there..Category: Criminal Law | Date: 24 Apr, 2002 | Hits: 71
Shah Newaz Ebne Mostaque & ors. Vs. Shah Alam and others, 2003, 32 CLC (AD).
....cle 181 As the execution case was pending, it was not hit by Article 181 of The Limitation Act and it is the duty of the court to proceed with the same suo muto and the decree holder is not required to file an application to proceed with the pending execution case…&he......er respondents started the instant execution case on 18‑4‑1964 which was well within the period of limitation of 3 years from the decree. The High Court Division found that the case had a chequered history after the filing of the suit in year 1961. It culminated in the dismissal of the S..Category: Procedural Law | Date: 4 Mar, 2002 | Hits: 99
897190432261138889584891278879314889814219419212510874063805191187193