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Shahnaj Begum Munni Vs. State and another, 2011, 40 CLC (HCD)
....f 6 (six) months. However, on behalf of the husband of the accused-petitioner, she (accused-petitioner) provided the complainant with a cheque of Tk. 30 lac bearing no. 6669851 dated 02.04.2009 for repayment of the loan. The cheque was presented for encashment with the Janata Bank Ltd., Bayzid Bosta......n the stipulation that he would repay the loan within a period of 6 (six) months. However, on behalf of the husband of the accused-petitioner, she (accused-petitioner) provided the complainant with a cheque of Tk. 30 lac bearing no. 6669851 dated 02.04.2009 for repayment of the loan. The cheque was ..Category: Banking Law | Date: 12 May, 2011 | Hits: 251
Rupali Bank Ltd. Vs. Sree Babu Jiban Kumer Shaha, 2011, 40 CLC (HCD)
....endant admitting his loan amount filed another application to the plaintiff bank for extension of time to repay the loan amount. Accordingly, the time was further extended by the plaintiff bank for repayment of the loan amount. But subsequently the defendant did not pay the loan to the plaintiff. Th......aintiff. Send down the lower court records along with a copy of this judgment immediately to the court concerned. Faruque Ahmed J. - I agree. Ed. This Case is also Reported in: ..Category: Banking Law | Date: 11 May, 2011 | Hits: 210
Syed Moazzem Hossain (Md.) Vs. Tahsia Khanam and others, 2011, 40 CLC (HCD)
.....7 to purchase the shares. The defendant No.7 having had a discussion with the plaintiff and being requested by the plaintiff, the defendant No.7 paid the entire money of those shares. At the time of payment of such money it was agreed upon that the plaintiff and her husband if failed to repay the m......aside. The suit is dismissed, however without any Order as to costs. Send down the records at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 11. ..Category: Company Law, Procedural Law | Date: 8 May, 2011 | Hits: 9
Kyung Hae Maritime Co. Ltd. and others Vs. M.V. BF Glory and others, 2011, 40 CLC (HCD)
....r bunkers and the owner of the defendant No.1 vessel never consented to transfer the right of such obtaining any supply or repair work from anybody, the owner of the vessel is not liable for any such payment. The plaintiff cannot carry out any service on the vessel without the order of the owner of ......No.19 of 2009 M/S. Kysco Shipping Co. Ltd. and also against the BF. Shipping Limited in Admiralty Suit No. 27 of 2009 and Admiralty Suit No. 28 of 2009. Ed. This Case is also Reported in: ..Category: Admiralty Law or Maritime Law | Date: 4 May, 2011 | Hits: 70
M/S. Ace Traders Vs. M. V. DIJENDRALAL and Others, 2011, 40 CLC (HCD)
....4-1993 that the goods under the plaintiff’s L/C is lying in the Narayanganj port and it is in the auction list of the customs authority and unless the shipping documents are released immediately on payment of entire L/C amount, the same may be auction sold. In the said letter the L/C opener bank f......es Insurance Company Limited on contest and also against the defendant Nos.1, 2, 3, 5, 7, 9 and 10 ex parte. However, there shall be no order as to costs. Ed. This Case is also Reported in: ..Category: Admiralty Law or Maritime Law | Date: 27 Apr, 2011 | Hits: 64
Md. Jahir Uddin and others Vs. Md. Molin Ali and others, 2011, 40 CLC (HCD)
....oduce any khatian or rent receipt in their favour. On the other hand, the plaintiffs produced two R. S. Khatians in their predecessors’ names (vide exhibit-1 series) and seven rent receipts showing payment of rent against the suit land (vide exhibit-4 series); d) that there is no reference whet...... dated 23.11.2004 passed by the Assistant Judge, Gobindaganj, Gaibandha in Other Class Suit No.8 of 1997 is maintained. Send down the lower Court records. Ed. This Case is also Reported in: ..Category: Property Law | Date: 31 Mar, 2011 | Hits: 68
Uniroyal Securities Ltd. Vs. Commissioner of Taxes, 2011, 40 CLC (HCD)
....BBB of the Ordinance as a regular payee he paid tax at the rate of 0.015% at source on the value of shares, debentures, mutual funds, bonds or securities transacted by the company at the time of payment for such transaction. The applicant submitted his return showing his income in two heads (i)......any order as to cost. The Registrar of the Supreme Court is directed to take necessary steps under section 162 of the Ordinance. Ed. This Case is also Reported in: 63 DLR (2011) 676. ..Category: Fiscal/Taxation Law | Date: 21 Mar, 2011 | Hits: 123
GK Brothers and another Vs. Imperial Chemical Industries Bangladesh Limited, 2011, 40 CLC (HCD)
....hat was dismissed by the judgment and order dated 28-2-1985 vide exhibit 'Gha'. The Appellate Division directed the present appellant (defendant Nos. 1 and 2 of the instant suit) to make payment of a solatium of Taka 1, 00,000 within 30 days from the date of the order. As such, the plai...... land in favour of appellants through court. The office is directed to send down the lower Court's record at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 543 ..Category: Civil Law, Procedural Law | Date: 20 Mar, 2011 | Hits: 2
M.A. Bari Talukder Vs. Agrani Bank & others, 2011, 40 CLC (AD)
....ection 2 of section 6 of the Artha Rin Adalat Ain, 2003 is a special provision and it is, evidently, not consistent with the provisions of the Code of Civil Procedure as regards filing of suits and payment of requisite court fee. So, according to sub-section 1 of section 6 of the Artha Rin Adalat ......peal is thus disposed of with the above observations and direction. Communicate this order to the Artha Rin Adalat concerned at once. Ed. This Case is also Reported in: VIII ADC (2011) 424. ..Category: Banking Law | Date: 14 Mar, 2011 | Hits: 247
Mohammad Ali Vs. Bangaldesh Bank and others, 2011, 40 CLC (HCD)
.... from the respondent-bank pledging tea as a primary security and mortgaging some immovable properties as collateral. The bank on several occasions asked the petitioner to release the pledged goods on payment, but he did not pay heed, rather instituted Other Class Suit No.81 of 2001 before the Senior......ree is not yet satisfied. Let a copy of the judgment be communicated at once to the concerned executing Court. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ..Category: Banking Law | Date: 22 Feb, 2011 | Hits: 187
.... of handing over machineries and others (Exhibit 5), letter issued by chairman of defendant No.1 to the Managing Director, Uttara Bank dated 16-9-1990 (Exhibit 6), pay orders, cheques and chalans for payment of Taka 14,29,303 (Exhibit 8 series), original security bond (Exhibit 9) original lease deed...... Chairman of the company on 19-3-1990 entered into an agreement for sale of the said property with Alhaj Mansur Rahman for Taka 35, 40,000. Thereafter Alhaj Mansur Rahman paid Taka 18.50 lakh through cheques as earnest money and possession of the property was delivered to him with a condition that o..
Category: Civil Law | Date: 17 Feb, 2011 | Hits: 5
Sanjoy Roy Vs. Bangladesh and others, 2011, 40 CLC (HCD)
...., a private bank operating under the Bank Companies Act (herein respondent No.3). In order to secure the loan, the petitioner issued a cheque against the said amount. As the petitioner defaulted in repayment of loan, the creditor-bank placed the cheque for encashment, but it was dishonoured. In that......nly from South East Bank Ltd., Shahjalal Upashahar Branch, Sylhet, a private bank operating under the Bank Companies Act (herein respondent No.3). In order to secure the loan, the petitioner issued a cheque against the said amount. As the petitioner defaulted in repayment of loan, the creditor-bank ..Category: Banking Law | Date: 17 Feb, 2011 | Hits: 174
Rupali Bank Ltd., Dhaka Vs. M/S. Brick Linkers Ltd. and Others, 2011, 40 CLC (AD)
.... the plaintiff shall be entitled to apply for a final decree directing that the mortgaged property or a sufficient part thereof be sold, and the proceeds of the sale be paid into Court and applied in payment of what has been found or declared under or by the preliminary decree due to the plaintiff, ......em. The appeal is dismissed with the above observations without any order as to costs. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 92, 16 BLC (AD) (2000) 107, VIII ADC (2011) 523 ..Category: Banking Law | Date: 15 Feb, 2011 | Hits: 189
....nt concerning the employment of the child. However, she submits that the Labour Act defines a labourer in section 2 sub-section (65) as anyone engaged in any establishment or industry in exchange for payment, but does not include anyone engaged in work as a domestic worker. The definition of establi......ARK (SCSD), CHILD DOMESTIC WORKERS – LIVING INSIDE ROOM AND OUTSIDE LAW AND ROLE OF GOVT. AND CIVIL SOCIETIES IN BANGLADESH , 36-37 (2009) [hereinafter SCSD REPORT ON CHILD DOMESTIC WORKERS].
..
Category: Women and Children | Date: 15 Feb, 2011 | Hits: 265
Shah Alam (Md.) Vs. State and another, 2011, 40 CLC (HCD)
....of Taka 50,00,000 from the complainant with the promise to pay back the money within a few days. Subsequently, the accused-petitioner issued a cheque dated 2-2-2009 in favour of the complainant for repayment of the loan. When it was presented for encashment at last on 5-2-2009, it was dishonoured fo...... with the accused-petitioner, the latter received a loan of Taka 50,00,000 from the complainant with the promise to pay back the money within a few days. Subsequently, the accused-petitioner issued a cheque dated 2-2-2009 in favour of the complainant for repayment of the loan. When it was presented ..Category: Banking Law | Date: 6 Feb, 2011 | Hits: 361
Sohrab Hossain (Md.) & others Vs. State & another, 2011, 40 CLC (HCD)
....for insufficient fund having been presented on the same date of issue. Then again the bank issued a legal notice on 29-9-2009 by registered post with acknowledgment due requesting the accused to make payment of the amount of the dishonoured cheque within 30 (thirty) days of the date of receipt of th......reinafter referred to as the bank) for loan and accordingly, the bank gave loan to the company vide sanction letter No.13 of 2004 dated 22-3-2001. The accused in order to repay the arrear loan gave a cheque being No. 000100 dated 24-12-2008 for Taka 2, 77, 79,245 drawn on an account maintained with ..Category: Others | Date: 3 Feb, 2011 | Hits: 4
Md. Nasurullah alias Nasu Vs. Artha Rin Adalat No. 4, Dhaka and others, 2011, 40 CLC (HCD)
....proceedings in Execution Case No.727 of 2005 of Artha Rin Adalat No. 4, Dhaka and the legality of order dated 7.8.2007 passed therein rejecting an application for release of the auctioned property on payment of the decretal money. 2. Facts leading to this writ petition, in short, are that the I......perty. Lat a copy of the judgment be communicated to the concerned executing Court for future guidance as well. Nazmun Ara Sultana J.- I agree Ed. This Case is also Reported in: ..Category: Banking Law | Date: 2 Feb, 2011 | Hits: 175
M/S A-Z Knit Wears Ltd. and another Vs. City Bank Ltd. and others, 2011, 40 CLC (HCD)
....fore the Joint District Judge, 3rd Court, Dhaka against the bank. While the suit was pending for disposal, the Creditor-bank served a legal notice upon the petitioner-company on 12.12.2009 asking for payment of its outstanding dues amounting to taka 3, 64, 53, 434, 59/-. Later on the bank published ......n or authority under article 102 of the constitution…………………………… (para 7 & 9) The Constitution of the Peoples’ Republic of Bangladesh, 1972, Article 102. Whether the cheques were altered or dishonour of the same constitutes any offence against the petitioners and th..Category: Banking Law | Date: 26 Jan, 2011 | Hits: 185
Md. Hamiduzzaman Vs. Joint District Judge, Artha Rin Adalat, Faridpur and others, 2011, 40 CLC (HCD)
.... date on 16.9.2010. On the next date the decree-holder bank filed an application for disposal of the execution case under section 33 (9) of the Ain and the judgment debtor filed money receipt showing payment of Taka 1,25,00,000/- (one crore twenty-five lac) only in favour of the decree holder-bank. ......e may be, which have been deposited by them in favour of the decree holder-bank after issuance of the certificate. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ..Category: Banking Law | Date: 20 Jan, 2011 | Hits: 233
StateVs. Noor Islam and others, 2011, 40 CLC (HCD)
....ned prisoners and the absconding convict Aaizel @ Aazu @ Azizul Haque @ Azizur to imprisonment for life. At the same time we consider it expedient to add with the sentence of fine that, in default of payment of such fine as awarded by the Tribunal below, all the aforesaid condemned prisoners and the......nce to pay a fine of Tk. 1,00,000/- each, in default to pay the fine, they are to suffer rigorous imprisonment for two years more each. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 141...Category: Women and Children | Date: 13 Jan, 2011 | Hits: 195
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