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Monzur Alam (Md) Vs. State and another, 2003, 32 CLC (AD).
.... All the three petitions are dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 62. ......ection 138 The Code of Criminal Procedure, 1898 (V of 1898), Section 561A Under section 138 of the Negotiable Instruments Act an offence is committed if a cheque is dishonoured and if payment is not made within 15 days after receipt of a legal notice. It..Category: Business or Commercial Law | Date: 13 Feb, 2002 | Hits: 124
Shankar Lal Das Vs. Janata Bank and others, 2001, 30 CLC (HCD)
....time, the price of Truck—Mymensingh Na-239 of British Bedford chassis would be Taka ten lac while that of Truck Dhaka Na-1737 of Hindusthan Motors chassis would be seven lac. 9. The decree holder Bank did not file any written objection to the application. But it produced some papers in su......he judgment debtor, the execution will only proceed to recover the amount in accordance with law. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (2002) 371. ..Category: Banking Law | Date: 18 Nov, 2001 | Hits: 146
MA Mazid Vs. Md. Abdul Motaleb, 2001, 30 CLC (HCD)
....ruments Act. 3. The accused petitioner has sought quashment of the proceeding of the above case mainly on two grounds. Firstly, the case is not maintainable as it was not filed by the payee or the holder of the cheque and secondly, the cheque was not presented to the bank within a period of 6(six......, Abdul Motaleb came to know that the accused petitioner had no right to sell the said land. So, Abdul Motaleb requested the accused petitioner to return back the money. Accused petitioner gave him a cheque for the said amount on 24‑8‑1996. Abdul Motaleb deposited the said cheque in the bank on ..Category: Banking Law | Date: 3 Jul, 2001 | Hits: 267
Hefzur Rahman (Md.) Vs. Shamsun Nahar Begum and another,
....ppeal. I would therefore refrain from expressing any opinion thereon. Accordingly, I too would allow the appeal. Ed. This Case is also Reported in: 51 DLR (AD)(1999) 172. ......equal jurisdiction to decide whether a law laid down by earlier jurists or commentators of great antiquity and followed for a considerable period is contrary to the Holy Quran or not It gives a blank cheque to all Judges of the Civil Court to interpret the Holy Quran according to their own individua..Category: Family Law | Date: 3 Dec, 1998 | Hits: 2262
Dipak Kumar Roy @ Kazal Vs. State, 1998, 28 CLC (HCD)
....and order of stay stands vacated. Communicate the order to the Court below to proceed with the case in accordance with the law. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 603. ......other to pay him Taka 50,000.00 and some time thereafter he again demanded dowry and started torturing her and on being sympathetic her brother paid further sum of Taka 50,000.00 to the petitioner by cheque and thereafter again on 25‑12‑96 at about 6‑00 PM petitioner demanded further sum of Ta..Category: Women and Children | Date: 7 Jun, 1998 | Hits: 76
Bangladesh Moktijoddah Kalyan Trust rep. by MD Vs. Kamal Trading Agency & others. 1997, 26 CLC (AD)
....erest at the rate of 6% from 5-6-86 till realisation; failing which it will be executed as a money decree in the usual course. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 171. ......m without delay, the company would accept his life for insurance and I would issue a policy promptly. The proposal form was filled in, was signed by the deceased and made over to the organiser with a cheque for Rs. 295-10-0, drawn on the Central Bank of India in favour of the company, being the sum ..Category: Contract Law | Date: 6 Nov, 1997 | Hits: 292
Ramisunnessa Bibi and another Vs. Soleman Molla and others, 1994, 23 CLC (HCD)
....ing to a partnership firm known as Laxmi Bhandar, by a registered deed dated 23.5.63. The original defendant Sirajuddin Mollah became a tenant under them who by admitting the petitioners as the title holder and his landlords executed tenancy agreement and paid rent by obtaining rent receipt after pu......tion. Accordingly, the Rule is made absolute and the impugned judgment and decree are set aside. However, there will be no order as to costs. Ed. This Case is also Reported in: 48 DLR (1996) 31. ..Category: Tenancy Law | Date: 5 Sep, 1994 | Hits: 182
....ial Court is very much apparent as for realisation of the decretal dues the trial Court cannot order for foreclosure of 'Ka' schedule property which admittedly belongs to the plaintiff decree-holder.
16. Dr. Zahir also placed reliance on another decision of our Appellate Division, repor...... certified copy of the decree before the executing court after its correction.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 199
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Category: Civil Law, Property Law | Date: 24 Feb, 1994 | Hits: 1
....ourt. There are two cases, one for probate and another for Letters of Administration in respect of the suit property. The case of the petitioner‑respondents that one Protab Chandra Das was the land holder and resident of 48, North Brook Hall Road. He possessed considerable movable and immovable pr......ee passed by the learned District Judge are hereby affirmed.
Send down the LC records immediately to the trial Court.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 90.
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Category: Property Law | Date: 7 Sep, 1993 | Hits: 2
....
A stranger to a contract cannot sue the other party. Terms of the contract can be enforced only by the contracting parties and not by third party………….. (12)
A share-holder to a company is not a contracting party. Therefore, a share-holder in a company cannot sue th...... learned Subordinate Judge are hereby set aside and the suit is dismissed.
Send down the LC records immediately.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 39
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Category: Contract Law | Date: 14 Jul, 1993 | Hits: 9
A R Shams ud Doha Vs. Bangladesh and others, 1992, 21 CLC (HCD)
....e purpose of publication of the aforesaid weeklies and the daily, using the most up to date computer and printing technology of the world. The petitioner and other members of his family are the share holders, Directors of Dialogue Publication Ltd. At Baraka Bank Bangladesh Limited, a private sector ......order. In the facts and circumstance of the case there is no order as to cost. Communicate this order at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 405. ..Category: Administrative Law, Constitutional Law | Date: 4 Aug, 1992 | Hits: 3
Salim Hasan Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)
....ka Central Jail be set at liberty at once if not wanted in connection with any other case. Communicate this order at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 318. ...... Association of the said company being Article 53 which reads that except with the permission of the Bangladesh Bank the company was not competent to accept any deposit and open any account and issue cheque and open LC business of wage earner remittance and the function of the company insofar as it ..Category: Banking Law | Date: 16 Jul, 1992 | Hits: 187
Serajul Islam Thakur Vs. Government of Bangla¬desh and another, 1992, 21 CLC (HCD)
....of Abdul Latif and another Vs. Government of Bangladesh 43 DLR 446has rightly taken the view that the Civilian Employees in the Defence Services (not being members of any of the defence services) are holders of Civil posts who now have to move the Administrative Tribunal (in view of Article 117 read......2 of the Constitution before this Court. In the result, the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 318 ..Category: Administrative Law | Date: 27 May, 1992 | Hits: 1
Ataur Rahman Vs. Bangladesh & others, 1992, 21 CLC (HCD)
....as been stated in that circular that those persons only who are willing to abide by the conditions of the auction notice would take part. It has also been stated therein as a condition that the lease holder will abide by all the Rules and regulations or Direction issued in the usual course as from t......y and of law (1892) 2 QB 147. We find no substance in this application which is summarily rejected. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 307 ..Category: Administrative Law | Date: 25 May, 1992 | Hits: 2
....91 the Bangladesh Bank had committed no illegality whatsoever in publishing the impugned information obtained by it from various schedule banks regarding the outstanding dues of the various account‑holders on the 31st day of December, 1990 which is the last day of 2nd half of the year 1990. The ar......ed outstanding dues till 30.6.91 as per agreement dated 21.7.91.
Let a copy of this judgment be sent to Respondent Nos. 1, 3, 5 and 6.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 8...
Category: Banking Law | Date: 27 Aug, 1991 | Hits: 180
Md. Ismail Siddique Vs. M/s. Crescent Apparels (Private) Ltd. and others, 1990, 19 CLC (HCD)
.... It should be mentioned here that the principle of partnership is applicable to private limited company, and the company in question is a private limited company.......(33) A genuine share holder can only apply for winding up The petitioner who sold his shares does not enjoy the locu...... The application is thus allowed. Mr. Nayeem prays for stay of operation of this judgment for four weeks. The prayer is allowed. Ed. This Case is also Reported in: 43 DLR (1991) 99. ..Category: Company Law | Date: 19 Dec, 1990 | Hits: 195
Tayeb Ali Vs. Abdul Khaleque and others, 1990, 19 CLC (AD)
....ashim, was not made a party to the execution proceedings. She instituted Misc. Case No.16 of 1968 under the then existing Section 47 of the Code of Civil Procedure and it was resisted by the decree‑holders on the ground that defendant No. 10 was a divorced wife of Abdul Hashim, and so she inherite......any time the present suit is not maintainable without a prayer for partition. Hence the appeal is dismissed without costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 87. ..Category: Property Law | Date: 27 Nov, 1990 | Hits: 47
Narayan Chandra Sil Vs. Manhar Mandal, 1991, 20 CLC (AD)
....amal J Latifur Rahman J Narayan Chandra Sil..............................Judgment-debtor-Appellant Vs. Manhar Mandal being dead his heirs, Bismapada Mondal and others .... Decree-holder- Respondents Judgment November 11, 1990. Result: The appeal is allowed. ......tly, the judgment of the High Court Division is liable to be set aside. In the result, the appeal is allowed without costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 152. ..Category: Property Law | Date: 11 Nov, 1990 | Hits: 50
Farida Aziz Vs. Government of Bangladesh, 1990, 19 CLC (HCD)
....ks and Urban Development by an order dated October 2, 1975 (Annexure E-6 to this petition) stated that the house in question cannot be treated as an abandoned property and as Nasiruddin was a pension holder and never parted with the administration and supervision of his property a direction to maint......ment have been made and/or passed without any lawful authority and are of no legal effect. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 12...Category: Property Law | Date: 5 Nov, 1990 | Hits: 95
Karimunnessa Begum Chowdhurani and others Vs. Niranjan Chowdhury and another, 1990, 19 CLC (AD)
....bdus Satter, 34 DLR (AD) 217, in which the doctrine" of partial pre-emption with its scope and limitation was discussed when the question raised there related to pre-emption by a contiguous land holder. It is to be noted that under section 26(F) BT Act right of pre-emption was given only to co-......n, as allowed by the High Court Division, is found to have been rightly allowed. The appeal is, therefore, dismissed with costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 78. ..Category: Property Law | Date: 1 Nov, 1990 | Hits: 40
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