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Md. Sahab Uddin Vs. State and another, 2010, 39 CLC (HCD)

....e does not mean that the right of the payee to collect the amount due under an account-payee cheuqe has ceased. Crossing of cheque simply requires the payee to deposit the account payee cheque in the bank of the payee for collection and that he cannot transfer this cheque to any other persons by neg......2012) 467. ......ult, the rule is discharged. The order of stay granted earlier by this Court shall stand vacated. Communicate the order at office. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 467. ..

Category: Civil Law | Date: 30 May, 2010 | Hits: 43

Abul Hashem Vs. State, 2010, 39 CLC (HCD)

....e set at liberty at once if not wanted in connection with any other case. Send down the LC records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013)16.   ......sp;18 BLC (HCD) (2013)16.   ......e set at liberty at once if not wanted in connection with any other case. Send down the LC records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013)16.   ..

Category: Evidence Law | Date: 26 May, 2010 | Hits: 8

Commissioner of Customs and others Vs. M/S. Sunlit Fashion Limited, 2010, 39 CLC (AD)

.... by letter dated 20.7.2000 agreed to sell the goods at the above discounted price and requested Forbes to send the sale proceeds immediately. Subsequently the aforesaid payment was made to NCCBL, the bank of the respondent, and against the above payment NCCBL issued Credit Advice No.0029185 dated 10......) 54, VIII ADC (2011) 29. ...... order dated 2.11,2002 passed by the High Court Division is set aside. The appeal is allowed without any order as to cost. This Case is also Reported in: 16 MLR (AD) (2011) 54, VIII ADC (2011) 29. ..

Category: Fiscal/Taxation Law | Date: 19 May, 2010 | Hits: 63

Roshanally Mohamed Harji and another Vs. AKM Zakir Hossain and another, 2010, 39 CLC (HCD)

....ut any order as to costs. Sent down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 85; 20 BLT (HCD) (2012) 532 . ...... (HCD) (2012) 532 . ......ut any order as to costs. Sent down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 85; 20 BLT (HCD) (2012) 532 . ..

Category: Property Law | Date: 12 May, 2010 | Hits: 133

Sarwar Hossain Moni Vs. State and another, 2010, 39 CLC (HCD)

....o prove his case on evidence. 18. In the instant case, the accused-petitioner admitted the loan and admittedly he issued the cheque in favour of the complainant and the cheque was presented to the bank within its validity and the said cheque was admittedly dishonoured by the bank for insufficient...... Division (Criminal Miscellaneous Jurisdiction) Present: Md. Fazlur Rahman J Syeda Afsar Jahan J Sarwar Hossain Moni……………………………Accused-Petitioner Vs. State and another…………………………Opposite Parties Judgment May 6, 2010. Result: ......ed to dispose of the case as expeditiously as possible. Let a copy of this order be communicated to the Court concerned immediately. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 510...

Category: Banking Law | Date: 6 May, 2010 | Hits: 573

Abu Borhan Khan Khokon Vs. The State & another, 2010, 39 CLC (HCD)

....Instruments act which reads as follows: "138. Dishonour of cheque for insufficiency, etc. of funds in the account. - (1) Where 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 is returned by ......ties Judgment April 25, 2010. Result: The Rule is discharged. Case Referred to- Nizamuddin Mahmood Vs. Abdul Hamid Bhuiyan, 60 DLR (AD) 195, Ali Akkas Vs. Enayet Hossain and others, 17 BLD (AD) 44. Lawyers Involved: None appears - For the Petitioner. Niza...... The order of stay granted earlier shall stands vacated. Send a copy of this judgment to the Court concerned for compliance. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 300...

Category: Banking Law | Date: 25 Apr, 2010 | Hits: 177

Shabnam Vegetable Oil Industries Limited Vs. Commissioner of Customs (Import) and others, 2010, 39 CLC (HCD)

....o.15.11.10.00. The Finance Act, 2007 came into effect from 01.07.2007. 5. That in course of business, the petitioner opened a Letter of Credit being L/C No.5647141502 dated 21.05.2007 through City bank N.A. Chittagong for import of total 2650 Metric tons (+710%) of Crude Plam Olein ("CPO") bearin......ision (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J SM Emdadul Hoque J Shabnam Vegetable Oil Industries Limited, having its Factory at 194 Tarabo, Rupgonj, Narayanganj and Head Office at 83, Khatungonj, T.K, Bhaban, Chittagong………………………..Petitioner ......4.07.2007. The respondents are hereby directed to release the Bank Guarantees in accordance with law if submitted by the petitioner. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 437. ..

Category: Fiscal/Taxation Law | Date: 25 Mar, 2010 | Hits: 134

Md. Tofazzel Hossain and others Vs. People's Republic of Bangladesh, 2010, 39 CLC (HCD)

....eau (CIB) Report which was received by the Respondent No.8 IFIC Bank from Bangladesh Bank. 37. CIB reports are prepared by the Bangladesh Bank as per the information provided by the concerned banks. 38. As such due to such provisions the bank are bound by the specific provision of not ......p;......f this Judgment and order. Ad interim direction granted earlier at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 235. ..

Category: Civil Law | Date: 16 Mar, 2010 | Hits: 7

Abdur Rouf Chowdhury (Md.) Vs. Mirza Shahabuddin Ispahani and others, 2010, 39 CLC (HCD)

....993 it is stated that it is 'however, a matter of record'. This defendant submits in this connection that on the request of Rahima Food Corporation on account of defendant No.1, ANZ Grindlays bank by its letter dated 9th November, 1993 revalidated the Bank Guarantee upto 20th February, 1993.......bsp;        AKM Abdul Hakim J Abdur Rouf Chowdhury (Md.) & others……................ Appellants Vs. Mirza Shahabuddin Ispahani and others...................Respondents Judgment March 10, 2010.  Result: ....... 44.  In the result, the appeal is dismissed. Send down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 323. ..

Category: Procedural Law | Date: 10 Mar, 2010 | Hits: 13

Sheikh Hasina Wazed Vs. Government of Bangladesh, 2010, 39 CLC (HCD)

....squo;s entirety, but so far as the same relates to the Petitioner only. There will, however, be no order as to costs. Borhanuddin J.- I agree. Ed. This Case is also Reported in: ...... Original Jurisdiction) Present: AHM Shamsuddin Choudhury J Borhanuddin J Sheikh Hasina Wazed, alias, Sheikh Hasina, former Prime Minister of Bangladesh, wife of Dr. Wazed Ali Mia and daughter of the Father of the Nation Late Bangabandhu Sheikh Mujibur Rahman Sudha Sadan, House N......squo;s entirety, but so far as the same relates to the Petitioner only. There will, however, be no order as to costs. Borhanuddin J.- I agree. Ed. This Case is also Reported in: ..

Category: Anti-Corruption Laws | Date: 9 Mar, 2010 | Hits: 228

Sheikh Hasina Vs. Bangladesh & others, 2010, 39 CLC (HCD)

....ption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......eported in: ......ption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ..

Category: Anti-Corruption Laws | Date: 4 Mar, 2010 | Hits: 102

Sheikh Hasina Vs. Bangladesh and others, 2010, 39 CLC (HCD)

....uption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......Reported in: ......uption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ..

Category: Anti-Corruption Laws | Date: 4 Mar, 2010 | Hits: 131

Dr. Md. Nazimuddin and others Vs. Md. Abdur Rahman Siddique and others, 2010, 39 CLC (HCD)

.... of 1909 and Insolvency Act No.5 of 1990 were repealed. This Bankruptcy Act is a special legislation and provides for special procedure to be followed for declaring a person (loanee) as insolvent / bankrupt and the said Act appears to be a remedial Act for protection of interest of the parties. ....... Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 305. ......ower Court's record at once. Let a copy of the judgment be transmitted to the Courts concerned at their respective station. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 305. ..

Category: Civil Law | Date: 25 Feb, 2010 | Hits: 7

Nuvista Pharma Limited Vs. Chairman, National Board of Revenue & ors, 2010, 39 CLC (AD)

.... imported raw materials for manu­facturing which has already arrived at the airport and that were awaiting for clearance. The peti­tioner had already got the import registration cer­tificate and bank account changed to the new name of the company and all documents were done in the name of Nuvi...... Murad Reza, Additional Attorney General, instructed bv B. Hossain, Advocate-on-Record—For the Respon­dents. Civil Petition for Leave to Appeal No.2592 of 2010. (From the judgment and order dated 27.10.2010 passed by the High Court Division in Writ Petition No.4968 of 2007.) ......der. In the premises we do not find any merit in the leave petition. In the result, the leave petition is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 302. ..

Category: Business or Commercial Law | Date: 4 Jan, 2010 | Hits: 4

Paresh Chandra Biswas Vs. Sree Sree Shashan Kalimata Idol and others, 2009, 38 CLC (HCD)

....the income and expenditure of the deity's property since 1972, that there is no existence of Kali Mondir in the suit lands for about 28 years, that Gonesh Chandra Karmaker, (DW 4) admitted that o bank account is maintained in the name of deity, that the defendant is not maintaining the affairs o......so Reported in:61 DLR (HCD) (2009) 679. ......he result, the appeal is dismissed with costs. The connected Rule is discharged. Send down the lower Court records at once. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 679. ..

Category: Others, Property Law | Date: 16 Dec, 2009 | Hits: 94

Md. Jubayer Vs. State and others, 2009, 38 CLC (HCD)

....wer of the cheque. The pro­vision to Section 138, however, is as follows: Provided that nothing contained in this section shall apply unless- (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 va......urt High Court Division (Criminal) Present: Afzal Hossain Ahmed J Md. Abdus Samad J Md. Jubayer…………………………..Accused-Petitioner Vs. The State and others…………………………….Opposite Parties Judgment November 09, 2009. ......der be sent to the Court concerned at once for information. Afzal Hossain Ahmed, J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 343; 15 MLR (HCD) (2010) 424 . ..

Category: Criminal Law | Date: 9 Nov, 2009 | Hits: 128

Abdul Latif alias Kahinur alias Kahin and other Vs. State, 2009, 38 CLC (HCD)

....f rape on the victim. The informant in the first information report stated that accused Abdul Latif held a knife on her chest and subsequently she was tied up by a gamcha and was taken on the eastern bank of a pond under a tree and the accused persons committed rape on her but while deposing before ......11) 245. ......ection with any other case. Send down the lower Court records and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 245. ..

Category: Women and Children | Date: 6 Oct, 2009 | Hits: 116

State Vs. Secretary, Ministry of Law, Justice & Parliamentary Affairs and others, 2009, 38 CLC (HCD)

.... judgment is circulated to all Judicial Officers in the service of the Republic. Md. Fazlur Rahman J. - I agree. This Case is also Reported in: 30 BLD (HCD) (2010) 369; 15 MLR (HCD)(2010) 59. ...... Md. Fazlur Rahman J State......................................................................................Petitioner Vs. Secretary, Ministry of Law, Justice & Parliamentary Affairs and others ..........Respondents Judgment September 3, 2009. Result: The Rule is dispose......inistries shall take necessary steps to identify children at risk of committing offences and at risk of being exploited by adult criminals for criminal activity, i.e. young children engaged in theft, robbery, picketing, vandalism, as carriers of drugs and arms, explosives, member/informer of crimina..

Category: Women and Children | Date: 3 Sep, 2009 | Hits: 198

Sheikh Mashuk Rahman Vs. State and another, 2009, 38 CLC (HCD)

....ult the Rule is discharged. The order of stay granted earlier by this court is hereby vacated. Communicate the order. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 28. ......h Court Division (Criminal Miscellaneous Jurisdiction) Present: AKM Asaduzzaman J Md. Rezaul Hasan J Sheikh Mashuk Rahman..…………………Petitioner Vs. State and another……............Opposite Parties Judgment August 16, 2009. Cases Referre......ult the Rule is discharged. The order of stay granted earlier by this court is hereby vacated. Communicate the order. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 28. ..

Category: Banking Law | Date: 16 Aug, 2009 | Hits: 190

Dr. Mohiuddin Khan Alamgir Vs. ACC and another, 2009, 38 CLC (HCD)

....appellant was never given any opportunity to explain or clarify any lack of information, if any. 8. However, the appellant in his statement of assets did not conceal any of his assets though the bank accounts of the appellant were frozen. The appellant, for which reason was able to supply the S...... Court Division (Criminal Appellate Jurisdiction) Present: SM Dastagir Husain J Md. Raisuddin J Dr. Mohiuddin Khan Alamgir.................Convict-Appellant Vs. ACC and another....................Respondents Judgment July 13, 2009. Result: The a......d. Since the appellant is on bail, let him be released from the bail bond. Send down the lower Court records at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 107. ..

Category: Anti-Corruption Laws | Date: 13 Jul, 2009 | Hits: 286