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Mohammad Ali Vs. State and another, 2010, 39 CLC (HCD)
....ed generally, is said to be crossed "account payee." (2) when a cheque is crossed "account payee" (a) it shall cease to be negotiable; and (b) it shall be the duty of the Banker collecting payment of the cheque to credit the proceeds there of only to the account of the payee named in the ......………….Accused-Petitioner Vs. State and another………………………………….Opposite-Parties Judgment January 10, 2012. Result: The Rules are discharged. Cross-cheque/ Account Payee cheque as negotiable instrument Cross-cheque/ Account Payee cheque is also..Category: Banking Law | Date: 10 Jan, 2012 | Hits: 452
Mahua Khair Vs. Amena Begum Ali Ispahani, 2012, 41 CLC (AD)
.... as the “agreement for sale”) to Mahua Khair (hereinafter referred to as the “Purchaser”) for an agreed consideration of Tk.42, 50,000/- (Taka forty-two lacs fifty thousand). The initial down payment of Tk. 20,00,000/- (Taka twenty lacs) was paid at the time of execution of the deed of agree...... Tk. 42, 50,000.00 (Taka forty two lacs fifty thousand) only within the said one year. The Purchaser-Second Party has paid the Vendor-First Party a sum of Tk.20,00,000.00 (Taka twenty lacs) only by a cheque dated 18.12.1986 drawn on Arab Bangladesh Bank Ltd. as initial down payment. 2. That wit..Category: Contract Law | Date: 10 Jan, 2012 | Hits: 1077
Md. Amzad Hossain Parag Vs. Md. Saiful Islam and others, 2012, 41 CLC (AD)
....No.1029 with some land of the plaintiff by a registered deed of exchange and also delivered possession of the said land to the plaintiff. The plaintiff since then had been possessing the suit land on payment of rent etc. regularly. That the defendants created obstacle in the peaceful possession of t......w the judgment and decree of the trial court will stand. In the circumstances we dismiss this civil petition for leave to appeal. Ed. This Case is also Reported in: 9 ADC (2012) 224. ..Category: Property Law | Date: 9 Jan, 2012 | Hits: 98
Mrs. Jahanara Ahmed Vs. Arab Bangladesh Bank Ltd. and others, 2011, 40 CLC (AD)
....Case No.19 of 2003. The case of this petitioner was that she purchased the "B" schedule property from Hossain Ahmed Chowdhury the judgment debtor at a consideration of Tk.10,00,000/-. That she made payment of full consideration money to Hossain Ahmed Chowdhury and got possession of the "B" schedul......record." Security of Tk. 1,000/- is to be deposited within 1 (one) month. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: 9 ADC (2012) 185. ..Category: Property Law | Date: 15 Dec, 2011 | Hits: 81
JMS Glass Industries Limited Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
....e: Provided that such person may, instead of depositing the amount of the penalty as aforesaid deposit only fifty percent thereof and furnish a guarantee from a scheduled Bank for the due payment of the balance: Provided further that where, in any particular case, the appellate a......directed to admit and dispose of the appeal expeditiously. With this observations and direction, the Rule is disposed of. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 77. ..Category: Fiscal/Taxation Law | Date: 12 Dec, 2011 | Hits: 14
Begum Khaleda Zia Vs. State and another, 2011, 40 CLC (HCD)
....eed with the impugned Special Case in accordance with law. Send a copy of the Judgment and order to the Court below at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 1. ......man was made "Settlor" of the Zia Orphanage Trust. On 13-11-93, the accused as Prime Minster gave approval for withdrawal of Tk. 2,33,33,500 from the account of the Orphanage fund by a cheque and gave it to Zia Orphanage Trust, Bogra, which was deposited to the said Trust account in t..Category: Anti-Corruption Laws | Date: 12 Dec, 2011 | Hits: 161
Nazir Ahmed and others Vs. Fajal Ahmed & others, 2011, 40 CLC (HCD)
.... land sold the same in favour of Rosomoy Chandra by a registered kabala dated 16-6-1960; while Rosomoy Chandra was in possession and enjoyment of the suit land the same was put to auction owing to nonpayment of rent and eventually Certificate Case No.188/64-65 was initiated and upon conclusion there......l bear their respective costs. Send down the lower Court records with a copy of the judgment to the trial Court forthwith. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 260. ..Category: Civil Law | Date: 23 Nov, 2011 | Hits: 7
Jamuna Television Ltd. and another Vs. Government of Bangladesh & others, 2011, 40 CLC (AD)
....location of frequency. The BTRC thereafter vide memo dated 18-12-2008 (Annexure-H1)-accorded its NOC for import of DSNG Machineries. The appellants imported all machineries and other equipments on payment of duties and taxes as assessed and installed the same in the TV station. 7. The appel......ion without having obtained requisite licences and NOC in accordance with law from the concerned Ministries and authorities. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 253. ..Category: Information Technology Law | Date: 16 Nov, 2011 | Hits: 18
Renuza Begum and others Vs. Md. Waziullah Mia and others, 2011, 40 CLC (AD)
....m for specific performance of the subsequent contract holding that the trial court on a proper appreciation of the materials on record rightly believed that there was novation of the contract and payment of balance consideration money and that there was no cogent ground to interfere with the s......tract. There is no merit in these appeals. The appeals are, therefore, dismissed without, however, no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 201. ..Category: Contract Law | Date: 11 Oct, 2011 | Hits: 11
Raj Kumar Khetan Vs. Mercantile Bank Ltd. and another, 2011, 40 CLC (HCD)
....Lawyer sent legal notice on 20-7-2008 which was received on 27-7-2008 and that the specific period of 30 days given in the notice had elapsed on 23-8-2008 but the petitioner did not take any step for payment of the cheque amount, as such he filed the case. 5. The petitioner voluntarily surrendere......nder section 138 of the Negotiable Instruments Act stating that the petitioner took loan in several occasions from the said bank but failed to repay the same that on the pressure of bank, he issued cheque on 30-4-2008 for an amount of Taka 10,00,000 (ten lakh) being cheque No.33214308, Bank Asia L..Category: Banking Law | Date: 24 Aug, 2011 | Hits: 237
Victor Simon Paat and other Vs. M.V. Accord and others, 2011, 40 CLC (HCD)
....rving being out of water and food. The master of the vessel sent several telex to the owner of the vessel, a copy of which has been marked as Exhibit-4 expressing their difficulties and requested for payment of salary. The P.W.1 further exhibited a document which reveals that the master of the vesse......The plaintiff will be entitled to execute the decree against the sale proceed of the vessel M. V. ACCORD, now remaining in the Marshal account of this court. Ed. This Case is also Reported in: ..Category: Admiralty Law or Maritime Law | Date: 23 Aug, 2011 | Hits: 87
KM Alam & Co. and another Vs. People's Republic of Bangladesh, and others, 2011, 40 CLC (HCD)
....sons for holding the petitioner-firm non-respective was that it sought 20% advance payment, the same consideration .was not applied in respect of respondent No.12, although it sought 75% advance payment. Further, when existence of ex-employee of Grameen Phone in petitioner-firm made it less qua......the meantime conducted audit on the Grameen Phone to a certain extent and discovered huge illegalities and irregularities making Grameen Phone liable to pay a huge amount of money to the government exchequer. We cannot allow a statutory body like BTRC to somehow defy the law first, then give largess..Category: Civil Law, Constitutional Law | Date: 17 Aug, 2011 | Hits: 20
Md. Habibur Rahman Bhuiyan and others Vs. Mosammat Galman Begum and others, 2011, 40 CLC (AD)
....1 lakh for erecting the rooms. In cross-examination, he stated that presently he works at the colour shop of his maternal uncle. He had no written tenancy agreement with O.P.W.3 and no receipt of the payment of rent as well. There was no agreement to show that Azad Khandaker used to do business wi......ed by my learned brother Surendra Kumar Sinha J. Courts Order The appeal is allowed by majority decision without any order as to costs. Ed. This Case is also Reported in:9 ADC (2012) 575. ..Category: Property Law | Date: 15 Jun, 2011 | Hits: 169
Md. Arif-Uz-Zaman Vs. State and another, 2011, 40 CLC (AD)
.... 1881); sections 123A & 138 (1) The legislature has consciously used in section 138 (1), the word any ‘cheque’ drawn by a person on an account maintained by him with a banker for payment of any amount of money to another person from out of that account. Legislature very well kne...... The petition is dismissed. The Negotiable Instruments Act, 1881 (XXVI of 1881); sections 123A & 138 (1) The legislature has consciously used in section 138 (1), the word any ‘cheque’ drawn by a person on an account maintained by him with a banker for payment of any amo..Category: Banking Law | Date: 9 Jun, 2011 | Hits: 196
Zeyad Rahman and another Vs. Delta Insurance Company and others, 2011, 40 CLC (HCD)
....ngs and on written resolutions of members, as appropriate; or (3) the right, in a winding up of the company, to participate in the distribution of the assets of the company after the payment of debts." 55. However, often the companies limited by shares issue shares with so......our) weeks from the date of the drawing up of this Judgment and to report the compliance thereof within 1(one) week thereafter. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 336. ..Category: Company Law | Date: 26 May, 2011 | Hits: 9
Sk. Nurul Islam Vs. State, 2011, 40 CLC (HCD)
.... discharged from his bail bond. Send down the Lower Court Records, along with a copy of this judgment and order, at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 436. ...... 4976/- of the aforesaid Upazila Parishad. He, being a public servant, having misappropriated the said amount of public money of the Doulatpur Upazila Parishad by dishonestly preparing through a cheque being No. Jha 0443259 dated 2.8.87 and obtaining signatures of the concerned authorities ther..Category: Anti-Corruption Laws | Date: 19 May, 2011 | Hits: 157
Manager, Rupali Bank Ltd. Vs. M/S New Music Corner and another, 2011, 40 CLC (HCD)
....a showroom and in a godown under the supervision and control of the bank. Thereafter, on 30.05.1988 the defendant repaid the entire amount of loan under pledge with interest and on 05.06.1988 he made payment of cash credit hypothecation loan to the bank. Thereafter, on 11.06.1988 the defendant upon ......r, on 03.03.1997 the defendant No.1 withdrew Tk. 2,00,000/- and, thereafter, on 21.03.1987 again he withdrew Tk. 2,00,000/- and, thereafter, as cash credit pledge loan he withdrew Tk. 4,00,000/- by a cheque. Thereafter, upon an application of the defendant the loan amount was increased from Tk. 6,00..Category: Banking Law | Date: 18 May, 2011 | Hits: 209
Monzur Ahmed Bhuiyan & others Vs. Adilur Rahman Khan and others, 2011, 40 CLC (AD)
....t their replies were not satisfactory. In due course, their cases were forwarded to the সত্য ও জবাব্দিহিতা কমিশন (Truth and Accountability Commission) and on payment of their unaccounted for incomesthey were exonerated of the charge of corruption by the said......nd Order passed by the High Court Division. Accordingly, this Civil Petition is dismissed. No order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 47. ..Category: Constitutional Law | Date: 16 May, 2011 | Hits: 267
Tofail Ahmed Vs. State, 2010, 39 CLC (HCD)
....cerned. The accused is released from the bail bond. Stay granted shall stand vacated. Communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 363. ......s been initiated only out of political rivalry, is apparently vexatious, oppressive, harassing and intended to ascribe disrepute to the public image of the petitioner who has been bearing a chequered and unblemished political career since pre-liberation era and who was one of the organizer..Category: Anti-Corruption Laws | Date: 15 May, 2011 | Hits: 211
Government of Bangladesh and Others Vs. Md. Gias Uddin Chowdhury and Others, 2011, 40 CLC (AD)
....ght is changed by way of mutation in accordance with the procedure provided in section 117 (1)(c) of the State Acquisition and Tenancy Act by a competent authority and if such mutation is effected by payment of rent, then with such separation from a joint holding other co-sharers ceased to be co-sha......iated manner". The High Court Division is of the view that since 60 families have been possessing in the disputed buildings by purchase from the writ petitioners, who have no knowledge about the chequered history of the property and their interest cannot be affected, who are bonafide purchasers..Category: Property Law | Date: 15 May, 2011 | Hits: 100
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