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Majad Hossain and another Vs. State, 2012, 41 CLC (AD)
....paid to the holder. (3) Notwithstanding anything contained in sub-sections (1) and (2), the holder of the cheque shall retain his right to establish his claim through civil Court if whole or any part of the value of the cheque remains unrealized. 141. Cognizance of offences— Notwithstan......ent, the Asian Poly @ Box. The accused-petitioner submitted an application to the complainant-company for short term loan facility and a loan of TK. 15,00,000.00 was sanctioned to him. At the time of payment of the loan amount, 6(six) post-dated cheques were issued by the accused-petitioner in favou......itioner) alleging, inter alia, that he is the proprietor of his business establishment, the Asian Poly @ Box. The accused-petitioner submitted an application to the complainant-company for short term loan facility and a loan of TK. 15,00,000.00 was sanctioned to him. At the time of payment of the lo..Category: Banking Law | Date: 8 Apr, 2012 | Hits: 618
ABC Attire Ltd. Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....t Nos.5-9, the respondents transferred the property to respondent No.11 in auction vide saf-kabala deed No.9193/2010 dated 28-10-2010. Initially, the auction purchaser respondent No.11 was not made a party to this Writ Petition and he was subsequently made respondent No.11 in this Writ Petition. Pre......s drawn up on 13.4.2003 but the Company (the petitioner) did not take any step whatsoever to pay the decretal dues although the petitioner had full knowledge about the aforesaid facts. Due to non-payment of the decretal dues, the Bank filed Title Execution Case No.160 of 2003 and in the executio...... are as follows:- The petitioner, ABC Attire Limited (hereinafter stated as the Company) is a private limited garments manufacturing company. In course of its business the Company obtained some loan for running factory from respondent No.9 i.e. Sonali Bank Limited, Dilkusha Corporate Branch,..Category: Civil Law | Date: 4 Apr, 2012 | Hits: 45
Rakibul Islam Vs. State, 2012, 41 CLC (HCD)
....-appellant was examined under section 342 of the Code of Criminal Procedure, when he had pleaded not guilty and also refused to adduce any witness in support of his defence. 7. After hearing the parties and considering the evidence on record the learned Judge of the Nari-o-Shishu Nirjatan Daman......s amiably settled, the victim received Taka 1,50,000 being the enteric dower money and she has already divorced the appellant as would be evident from the deed registering the divorce and recording payment of dower money and that the appellant who is a poor constable and his job is the only source......used is on bail obtained from this Division, he is to be discharged from his bail bond. Send down the Lower Court Records. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 438. ..Category: Women and Children | Date: 3 Apr, 2012 | Hits: 64
M/S. Talukder Chemicals Limited Vs. Government of Bangladesh and others, 2012, 41 CLC (HCD)
....ajom and Sheikh Kolomdi, vide a registered saff-kabala deed No.2884 dated 18.01.1914 and delivered possession thereon. Thereafter, Sheikh Majom and Sheikh Kolomddi got the said land, vide an amicable partition amongst 3 (three) brothers. Thereafter, Sheikh Kolomdi died leaving behind his only son Ko......by set aside and the suit is hereby decreed . Communicate a copy of this judgment and decree immediately. Nozrul Islam Chowdhury J. - I agree. Ed. This Case is also Reported in: ......by set aside and the suit is hereby decreed . Communicate a copy of this judgment and decree immediately. Nozrul Islam Chowdhury J. - I agree. Ed. This Case is also Reported in: ..Category: Evidence Law | Date: 3 Apr, 2012 | Hits: 113
Md. Mostafa Vs. Bedena Khatun and another, 2012, 41 CLC (HCD)
....ich is an abuse of the process of the Court and as such the proceeding is liable to be quashed. 7. Mr. Gazi Md. Mamunur Rashid, learned Assistant Attorney General appearing for the State-opposite party with reference to the petition of complaint submits that it discloses the offence of rape agai......no merit, is discharged. The stay granted at the time of issuance of Rule is vacated. Communicate a copy of the judgment. Soumendra Sarker J.- I agree. Ed. This Case is also Reported in: ......no merit, is discharged. The stay granted at the time of issuance of Rule is vacated. Communicate a copy of the judgment. Soumendra Sarker J.- I agree. Ed. This Case is also Reported in: ..Category: Women and Children | Date: 1 Apr, 2012 | Hits: 158
Anti-Corruption Commission Vs. Unipay 2U Bangladesh Ltd., 2010, 39 CLC (HCD)
.... Criminal Miscellaneous Case No.1828 of 2011. Judgment Md. Reazul Haque J.- On an application under section 561A of the Code of Criminal Procedure, Rule was issued calling upon the opposite parties to show cause as to why the Judgment and order dated 14-6-2011 passed by the Metropolitan Se......ection with Criminal Leave to Appeal No.140 of 2010 permitted the opposite party No.1 to withdraw up to an amount of Taka 3 (three) crore per month from account No.1401150-59001 of City Bank Ltd. for payment of its members and for day to day expenditure and relying upon that order of the Hon'ble......48(1)2011 is hereby quashed. The trial Court is directed to proceed with the said case immediately in accordance with law. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 444. ..Category: Anti-Corruption Laws | Date: 22 Mar, 2012 | Hits: 138
Chittagong Zilla Parishad Vs. Nurul Haque and others, 2012, 41 CLC (AD)
....Petition for leave to appeal is directed against the judgment and order dated 26.10.2009 passed by the High Court Division in Civil Revision No.1425 of 1996 discharging the Rule. 2. The opposite party No.1 herein as plaintiff filed Other Suit No.1of 1988 in the 1st Court of Assistant judge, S...... That one Abdul Latif was the superior landlord of the suit land who used to receive rent from Nabid Ali since 1925. After acquisition of rent receiving interest by the government Nabid Ali continued payment of rent in favour of the government for the suit land. Nabid Ali died leaving behind wif......the paper book out of court in accordance with Rules. The order of stay granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 760. ..Category: Property Law | Date: 19 Mar, 2012 | Hits: 76
....aintiff from the post of Managing Director on 22.03.1997, which was challenged by the plaintiff by filing a Writ petition being No. 1834 of 1997, before this Hon’ble Court and after hearing the parties, the Rule was made absolute by the judgment and order dated 05.08.2007.
6. The plaintif......ly a deed of agreement was executed and the plaintiff paid an amount of Taka 42, 00000/- only lacs to the defendants Nos.2-6. Thereafter, the defendant Nos. 3-5 served a notice on 10.6.2005 demanding payment of the balance amount, after receiving the said notice the Plaintiff gave a reply on 27.6.20......39;s records along with a copy of this judgment at once.
Nozrul Islam Chowdhury J. - I agree.
Ed.
This Case is also Reported in: 18 MLR (HCD) (2013) 289, 19 BLC (HCD) (2014) 18.
..
Category: Company Law | Date: 19 Mar, 2012 | Hits: 689
Luthfor Rahman (Md.) Vs. Bangladesh & others, 2012, 41 CLC (HCD)
....court ought to have decreed the suit. Learned Advocate further submits that plaintiffs possession of the suit land from CS recorded owner is enough to bestow title as possession follows title, is one part and in the other part, by purchase from CS recorded owner, as such, the suit ought to have decr......s set-aside. Title Suit No.5 of 2006 is decreed. 21. Send down the lower court records. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 124. ......s set-aside. Title Suit No.5 of 2006 is decreed. 21. Send down the lower court records. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 124. ..Category: Others | Date: 18 Mar, 2012 | Hits: 5
Rabeya Khanam Vs. State, 2012, 41 CLC (HCD)
....here the facts are so preposterous that even on the admitted facts no case can stand against the accused and that a further prolongation of the prosecution would amount to harassment to an innocent party and continuation of the proceedings will cause abuse of the process of the Court. It would als...... in relation to the petitioner Let a copy of the Judgment be sent to the concerned Court for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 467. ...... in relation to the petitioner Let a copy of the Judgment be sent to the concerned Court for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 467. ..Category: Procedural Law | Date: 15 Mar, 2012 | Hits: 215
Dhaka New Market Vs. City Corporation, 2012, 41 CLC (HCD)
....establishment of many new and modern shopping molls it is regarded to be the most popular place for shopping. One of the main reasons for it's popularity lies in it's layout and for this particular feature this market has always attracted the shoppers to visit the market premises. ......om doing so in future. 20. With the above observations and findings this Rule is disposed of without any order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 221 ......om doing so in future. 20. With the above observations and findings this Rule is disposed of without any order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 221 ..Category: Administrative Law, Constitutional Law | Date: 14 Mar, 2012 | Hits: 2
.... in the said admission test as stated above under the said Unit-A (Application PIN No.894391 and Roll No.10146) and he has been kept in the waiting list and, currently, waiting for admission in the department of Animal Husbandry (Hons) Degree Course of PSTU. Petitioner No.3 is the Joint Secretary of......gy University be allowed to continue with their regular studies accordingly.
However, there shall be no order as to costs.
Ed.
This Case is also Reported in: 18 BLC (HCD) (2013) 166.
......gy University be allowed to continue with their regular studies accordingly.
However, there shall be no order as to costs.
Ed.
This Case is also Reported in: 18 BLC (HCD) (2013) 166.
..
Category: Others | Date: 14 Mar, 2012 | Hits: 5
....lsquo;খেলাপী ঋণ গ্রহীতা’ in the list of CIB. She is not a defaulter borrower of any bank or financial institution.
4. The High Court Division upon hearing the parties by the impugned judgment made the rule absolute and declared the enlistment of the writ peti......r to make the appeal ready for hearing. This appeal will be heard along with Civil Appeal Nos.307 of 2008 and 447 of 2007 for hearing.
Ed.
This Case is also Reported in: 9 ADC (2012) 865.
......writ petition seeking a direction upon the writ respondents to exclude her name from the list of Credit Information Bureau (CIB) maintained by the writ respondent Nos.2-6 treating her as defaulter of loan under borrower Code No.161447. She claimed that she is the Chairman Meghna Insurance Co. Ltd. a..
Category: Banking Law | Date: 12 Mar, 2012 | Hits: 7
Noor Jahan Begum Vs. Chairman, BSCIC and others, 2012, 41 CLC (HCD)
.... 12-11-2001 and thereafter, filed the suit. 3. Defendant No.1-3 in their written statement stated that on 10-1-1970 plaintiff was given all allotment for processing spices but in 1977, plaintiff party started industrial unite. Plaintiff having failed to process spices installed 20 resident......00, appointed employees, workers and thereafter, he produced spices to the tune of Taka 1 crore and repay the Bank loan and continued in business but defendant BSIC although received entire payment but did not execute registered lease deed and on 29-6-1995, in the 52nd Board Meeting of def......y building and imported machineries from abroad to the tune of Taka 16,00,000, appointed employees, workers and thereafter, he produced spices to the tune of Taka 1 crore and repay the Bank loan and continued in business but defendant BSIC although received entire payment but did not ..Category: Civil Law | Date: 12 Mar, 2012 | Hits: 10
Shahidur Rahman Khadem Vs. State and others, 2012, 41 CLC (AD)
....-9-2010 passed by the High Court Division in Criminal Revision Nos. 575, 576, 577and 578 of 2009). Judgment SK Sinha J. - The delay in filing of these leave petitions is condoned. Since the parties and the point of law involved in these petitions are identical, these petitions are disposed...... appeal below. These petitions are disposed of with the above observations and reduction of the sentences of fine as above. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 103. ...... appeal below. These petitions are disposed of with the above observations and reduction of the sentences of fine as above. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 103. ..Category: Criminal Law | Date: 12 Mar, 2012 | Hits: 122
Human Rights and Peace for Bangladesh (HRPB) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....ision (Annexure-A) the Board further decided that the request of such a person may be refused due to non-availability of seat. This decision of the authority of Biman, respondent No.2, favouring a particular class of dignitaries without considering the case of other higher dignitaries described ......ii) In case of check-in-over the counter, upgradation will be allowed on a “first come first serve” basis with priority of requests made in advance. (iv) If any extra charges and/or extra payment, in any form, are involved at any station except for ticket fare, same shall be borne by t...... Administration, Ministry of Home Affairs and Ministry of Foreign Affairs for taking necessary steps in accordance with the directions given above. Ed. This Case is also Reported in: ..Category: Constitutional Law | Date: 8 Mar, 2012 | Hits: 17
Mojibur Rahman (Md.) and others Vs. State, 2012, 41 CLC (HCD)
....others........Petitioners Vs. State………………………………………………..Opposite party Judgment March 5, 2012. Result: The Rule is disposed of. Code of Crim......al Judge, Dhaka and also to the Chairman of the Anti-Corruption Commission. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 36. ......al Judge, Dhaka and also to the Chairman of the Anti-Corruption Commission. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 36. ..Category: Anti-Corruption Laws | Date: 5 Mar, 2012 | Hits: 9
Dulal Brothers Ltd. Vs. Registrar of Joint Stock Companies and Firms, 2013, 42 CLC (HCD)
....d Hedayet Hossain, further submits that the general power to borrow by the company was already provided in the memorandum of association under object sub-clause No. ........................ But to particularize the power to mortgage the company’s property a new sub-clause is required to be inc...... of receipt of the file in the office. The office is directed to inform the learned Advocate of the petitioner accordingly. Ed. This Case is also Reported in: ......s object clause to include a new clause, being sub-clause No. ........................... in the Memorandum of Association to facilitate the company to mortgage its property in order to secure any loan which may be availed by the company. 3. The learned Advocate Mr. Mohammad Hedayet Hossain..Category: Company Law | Date: 4 Mar, 2012 | Hits: 28
Mahbubur Rahman & others Vs. State, 2012, 41 CLC (HCD)
....the approval of the higher authorities, and issued interview letters and finally the accused-petitioners were appointed to various posts under the Land Ministry. 3. The informant himself conducted part of the investigation and, after his transfer, an Inspector named MA Kabir concluded the investi......of this Judgment and Order to the learned Divisional Special Judge, Dhaka and also to the Chairman of the Anti Corruption Commission. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 265. ......of this Judgment and Order to the learned Divisional Special Judge, Dhaka and also to the Chairman of the Anti Corruption Commission. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 265. ..Category: Criminal Law | Date: 4 Mar, 2012 | Hits: 37
Chittagong Steel Mills Ltd. Vs. TM Syndicate & others, 2012, 41 CLC (HCD)
....3rd Court, Dhaka by Judgment and decree dated 8-3-2004. Challenging the said decree, petitioner filed appeal with a delay of 159 days and the delay was condoned, against which, decree holder-opposite party moved before the Appellate Division of the Hon'ble Supreme Court in Civil Petition for Leave t......l be entertained by the Court unless the applicant has deposited in the Court the amount which he is required to pay under the award or has furnished security to the satisfaction of the Court for the payment of such sum or for the fulfillment of any other obligation by him under the award." 10. L......btor-petitioner we find rule is incompetent. We find no substance in this rule. In the result, this rule is discharged. No costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 350. ..Category: Alternative Dispute Resolution | Date: 4 Mar, 2012 | Hits: 316
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