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Zahed Hossain (Md.) Vs. State and another, 2009, 38 CLC (HCD)
....anks on 23-3-2006 but again the cheques were dishonored for insufficient fund. Thereafter the opposite party No. 2 gave notice under section 138(1)(b) on 28-3-2006 to the accused-petitioner demanding payment of cheques amount of Taka 2,24,28,120 within 30 days of receipt by two registered post, one ......s well as on credit and the accused petitioner purchased 480 metric tons of sugar on different dates by different DO (delivery order) on credit from the complainant, the accused-petitioner issued two cheques bearing No. MTBL/CD 0521606 and 0521288 giving date of 20-1-2006 of his current account No. ..Category: Procedural Law | Date: 29 Apr, 2009 | Hits: 135
Dr. M. A. Yahia Vs. Md. Abdul Quader and others, 2009, 38 CLC (AD)
....rtgage the land to the House Building Finance Corporation for loan. They also got the land mutated in their joint names through Mutation Case No.4893 of 2002 dated 13.05.202 and possessed the land by payment of rents and taxes to the respective authorities. Their names were also recorded in the Maha......therefore, no substance, in the leave petition and the same is dismissed accordingly. Ed. Case is also Reported in: 14 MLR (AD) (2009) 235; 29 BLD (AD) (2009) 59; 14 BLC (AD) (2009) 109. ..Category: Property Law | Date: 15 Apr, 2009 | Hits: 36
....t to attend the office, otherwise they would face dire consequences. Since then the petitioner has not been allowed to attend her office in Nawabganj Paurashava. The respondent No. 3 also stopped the payment of salaries and all other benefits which the petitioner is entitled till No.
8. The Hig......igh Court Division does not suffer from any illegality and we find no substance in this petition which is accordingly dismissed.
Ed.
This Case is also Reported in: 18 BLT (AD) (2010) 275.
..
Category: Others | Date: 13 Apr, 2009 | Hits: 125
Abdus Sahid @ Shahid & others Vs. Anowara Begum & others, 2009, 38 CLC (HCD)
.... 2004 under Order XLI Rule 21 of the Code of Civil Procedure for rehearing of the appeal for notice not being served on them. Ultimately, the Court allowed the Miscellaneous Case subject to payment of cost of Tk.2,000/- to the opposite parties. 10. The crux of the case centers round w......eipt of this order. Send down the Lower Court Records at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 394. ..Category: Property Law | Date: 9 Apr, 2009 | Hits: 2
Zahida Ahmed (Liza) Vs. Syed Noor Uddin Ahmed and another, 2009, 38 CLC (HCD)
....tenu and stated living in a rented house. By mutual agreement, respondent No.1 had regular contact with the detenu, speaking to him daily on the telephone every weekend but did not make any payment towards his maintenance including food or clothing except for the fees for a coaching centre...... There is no order as to costs. Quamrul Islam Siddiqui J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 168, 29 BLD (HCD) (2009) 375, 14 MLR (HCD) (2009) 465. ..Category: Family Law, Women and Children | Date: 16 Mar, 2009 | Hits: 182
Mohammad Mosharraf Hossain Vs. Golam Mohamad and another, 2009, 38 CLC (AD)
....sequently those cheques were dishonored on 28.8.2006 and 20.10.2006 respectively due to insufficient fund and then on 14.3.2007 the respondent No.1 served a legal notice upon the petitioner demanding payment and the petitioner received the said notice on 20.3.2007 but did not make any payment. Event......spondent No. 1 filed the above C.R. Case alleging that on 27.8.2006 and 26.10.2006 the petitioner, from his own account lying with Hong Kong and Sanghi Banking Corporation Limited, (HSBC), issued two cheques for Tk. 62,41,118/- and Tk.30,00,000/-respectively in his favour and subsequently those cheq..Category: Banking Law | Date: 26 Feb, 2009 | Hits: 150
A. J. M. Helal & others Vs. Bangladesh and others, 2009, 38 CLC (HCD)
....of the Negotiable Instrument Act provided certain pre-condition for bringing prosecution against the drawer of the unpaid cheque. Under section 138 (c) of the Act, 30 days' time is given for payment of the amount due under the cheque from the date of receipt of notice regarding dishonour of......ng an embargo in filing of appeal against the order of conviction and sentence under sub-section (1) of section 138 of the Negotiable Instrument Act unless an amount of money not less than 50% of the cheque amount is deposited in the Court shall not be declared to be void as it conflicts with the ri..Category: Corporate Law | Date: 9 Feb, 2009 | Hits: 5
AJM Helal Vs. Bangladesh and others, 2009, 38 CLC (HCD)
....tion 138 of the Negotiable Instruments Act provided certain pre-condition for bringing prosecution against the drawer of the unpaid cheque. Under section 138(c) of the Act, 30 days' time is given for payment of the amount due under the cheque from the date of receipt of notice regarding dishonor of ......s of borrowers or drawers in taking shelter of this principles of law deliberately used to drag the appeal for an indefinite period in order to hang the process of realization of loan money or unpaid cheque's money for an indefinite period in which the payee or the holder of the cheque not only suff..Category: Civil Law | Date: 9 Feb, 2009 | Hits: 45
James Finaly Pic. Chittagong Vs. Government of Bangladesh and others, 2008, 37 CLC (AD)
....es. 3. The limitation imposed by the rule 70 of the General Rules and Schedule in the case would be from the date of decision to refund the amount to pay in excess and not for the date of actual payment. The High Court Division did not make the Rule absolute on the technical ground that the Rul......the submissions of the learned Advocate for the appellant. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 79. ..Category: Civil Law | Date: 17 Dec, 2008 | Hits: 7
....s liable. Rather, the nature of such
indemnity insurance is that the insured member must first satisfy the third
party claim as a necessary precondition to seeking reimbursement in respect of
such payment from the club. That Mr. Hafizullah submits is how the "pay to
be paid" mechanism as reflect......endants in general,
and the defendant Nos. 1 and 2 in particular, submit their Written Statements
positively by 4-1-2009.
Ed.
This Case is also
Reported in: 61 DLR (HCD) (2009) 244. ..
Category: Admiralty Law or Maritime Law | Date: 26 Oct, 2008 | Hits: 17
Ayub Ali alias Mukul Vs. State, 2008, 37 CLC (HCD)
.... benefit of business to the informant but the accused-petitioner Ayub Ali did not pay the said amount. Later on, accused Ayub Ali and his younger brother Bokul totally denied their obligation to make payment of the said amount of money to the informant. On these allegations, Munshiganj Police Statio...... in the Court of Magistrate, 1st Class. Cognizance Court No. 1, Munshiganj is hereby quashed. Communicate this Judgment at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 52. ..Category: Criminal Law | Date: 14 Aug, 2008 | Hits: 28
....ioner out
of which they received Taka 42,00,000 from the writ petitioner in three
installments. On 10-6-2005 the respondent Nos. 3, 4 and 5 served a legal notice
upon the writ petitioner demanding payment of Taka 78,00,000 within 30-6-2005
against the due consideration money of the sale of the s......to him under the provision of section
193 of the Companies Act, 1994.
However, there shall be no order as to
cost.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 226.
..
Category: Company Law | Date: 12 Aug, 2008 | Hits: 18
Md. Karamot Ali Alias Rafique Alias Rafiqul Islam Vs. The State, 2008, 37 CLC (HCD)
....Special Powers Act for recovery of 100 bottlefuls of phensidyl from him but while punishing him he sentenced him to suffer imprisonment for 7 years and to pay a fine of Taka 5000/- in default of payment of fine to suffer imprisonment for 6 months more. It is an established principle of law that......tion with any other case. 24. Send down LCR along with a copy of the judgment at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 250. ..Category: Criminal Law | Date: 30 Jul, 2008 | Hits: 5
State Vs. Metropolitan Police Commissioner, Khulna and others, 2008, 37 CLC (HCD)
....safe homes/prisons to be placed in an atmosphere where the child may be guided in more congenial surroundings within a family unit, either with relatives or unrelated foster families, if necessary on payment of costs for the child’s maintenance......................................(26) Cases R......y the Department of Social Services. With the above observations and directions the Rule is disposed of. Md. Emdadul Huq J. - I agree. This Case is also Reported in: 60 DLR (HCD) 660. ..Category: Women and Children | Date: 22 Jul, 2008 | Hits: 147
A.B.M. Khaliquzzaman and others Vs. United Commercial Bank Ltd. and others, 2008, 37 CLC (HCD)
....737/-, that is, the sum total of Tk. 23,01,57,608/- + Tk. 6,90,47,282/- (being the 30% bonus shares given in the AGM held on 9.9.2007) + Tk. 20,71,41,847/- (being the 90% dividend recommended for payment in the 22nd AGM which could not be transacted). Furthermore, it is pointed out that there a......ng up of this Order and to report the compliance thereof within 1(one) week thereafter. There is no order as to costs. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 635. ..Category: Company Law | Date: 11 Jun, 2008 | Hits: 43
Haji Nasirullah and another Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
....ent to the Divisional Commissioner, Dhaka, who gave final decision under section 5(1 A) of the Ordinance. On 11.11.2007, notice under section 6 of the Ordinance was served and on 5.2.2008, notice for payment of compensation under section 7 of the Ordinance was accordingly served by the authorized of......ed. No order as to costs. The Rule issued in Writ Petition No.3071 of 2008 is discharged without any order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 7. ..Category: Property Law | Date: 8 Jun, 2008 | Hits: 11
Mst. Phulbanu @ Phul Vs. State, 2008, 37 CLC (HCD)
.... accused including the petitioner alleging inter alia that the accused conjointly induced the informant and another namely Motaleb to go to Brunai for employment. Accordingly they agreed to go on payment of taka four lacs to them. On 03-04-2004 and 22-07-2004 they paid Tk.3,70,000/- in cash and......w Judicial Magistrate, Bogra, will proceed in accordance with law. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 350. ..Category: Procedural Law | Date: 5 Jun, 2008 | Hits: 4
Abul Kalam Azad (Md.) Vs. State and another, 2008, 37 CLC (HCD)
....ll those cheques for encashment one by one on 9-8-2006, 10-8-2006 and 22.8-2006 but the cheques were dishonored for insufficient fund. The complainant sent legal notice through his learned Lawyer for payment of those cheques' amount. The petitioner gave reply to the notice on 9-9-2006. The complaina...... two classes of people, things, another, etc. and in that case also, it represents one class. By any imagination 'any' cannot go beyond one. Law barred in initiating 'any' proceeding in which several cheques have been involved……………………………(12) The Negotiable Instruments Act,..Category: Banking Law | Date: 22 May, 2008 | Hits: 227
Mohd. Showkot Ali Vs. National Board of Revenue and others, 2008, 37 CLC (HCD)
....d 13.03.03. After the jeep was cleared, it was registered as Dhaka-Metro Ga-11-4387. Said Mirza Azam then, on 26.12.06 transferred the jeep to the Metro Spinning Mills Limited upon receipt of part payment of taka 13,00,000.00 out of total price of taka 39,00,000.00. It was acknowledged by said M......l authority and as such, of no legal effect and is accordingly, quashed for the ends of justice. Communicate at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 455. ..Category: Criminal Law | Date: 18 May, 2008 | Hits: 3
Mrs. Shahida Khatun and another Vs. Zafrul Hasan and State, 2008, 37 CLC (HCD)
....he learned Advocate appearing for the opposite party No.1 opposes the Rule and submits that the accused failed to repay the outstanding amount for the rest instalments and subsequently denied further payment, thereby he committed the offence of criminal breach of trust arid cheating. He adds that tr....... 19. Office is directed to send down the record of the case with a copy of Judgment for information and necessary action. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 463. ..Category: Procedural Law | Date: 18 May, 2008 | Hits: 41
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