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Ayesha Khatun Akhtar Vs. Government of Bangladesh and another, 1998, 27 CLC (HCD)

....property by registered power of attorney dated 28‑7‑72. The said bharatia Mollah Abdul Majid got the case property enlisted as an abandoned property and managed to keep the same and, as such, the holder of the power of attorney filed application on 31‑8‑72 under President's Order No.16 of 19......e date of receipt of the copy of the judgment. Let a copy of this judgment be communicated to the Respdt No.1 at once for compliance. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 639. ..

Category: Property Law | Date: | Hits: 71

Mustaq Ahmed Vs. State, 2010, 39 CLC (HCD)

....erence thereof in her Service Book. The office is directed to communicate the Order and send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 301. ......……………………(63) The appellant threatened the informant, first with a dagger and then with a scissor, thereby putting him in fear of imminent dan­ger and thereafter, he obtained the cheque. It is immaterial that the said cheque could not be encashed. As soon as the appellant had co..

Category: Criminal Law | Date: | Hits: 62

Abdul Wadud Miah Vs. Bangladesh, repre­sented by the Secretary Ministry of Jute & others, 2008, 37 CLC (HCD)

....ed their desire to sell their share to prospective preachers. The writ petitioner has asserted in the writ petition that he came to an agreement, Annexure-A, on 24.04.1998 with the said private share holders of Taj Jute Backing Co. Ltd for pur­chase of the shares held by them in the said company ou......t. In the results, the rule is discharged. However, there shall be no order as to costs. Moyeenul Islam Chowdhury J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 152. ..

Category: Administrative Law | Date: | Hits: 299

Zareen Biscuit Company Vs. Sayed M. Salimullah and others, 2010, 39 CLC (HCD)

....which­ever is later. After the deadline prescribed by law the Mutawalli ceased to have authority to manage the waqf estate even under the Govern­ment. From any point of view Mutawalli or the pattan-holders under him cannot have any lawful claim of right or title in a waqf estate after completion o......e of dismissal passed by the Subordinate Judge, 3rd Court, Tangail, is hereby affirmed. Send down the lower Court record at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 267. ..

Category: Trust/Waqf Law | Date: | Hits: 114

LMJ International Ltd. India Vs. MV BK Ace and others, 2010, 39 CLC (HCD)

....e Customs Act 1969 means nothing but "unloading" of the cargo into the classified area of the Port…………….(25) Bills of lading, in one of its implication, being the documents of title, the holder of it gets the ownership of the said cargo carried by a vessel upon which the same was issued......n application for facilitating the parties to inform this Court about the compliance of the order, by way of affidavit of compliance. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 256. ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 490

Ocean Accessories Limited and another Vs. National Board of Revenue and others, 2010, 39 CLC (HCD)

....egistered with the Register of Joint Stock Company in the month of November of the same year (Annexure 'A' and ‘B’) and for that reason, as the learned counsel submits, none of the existing share holder of Ripon Packaging and Accessories Ltd. holds the single share in the petitioners' company ne......y submits that he will not press for refund of the amount in question since it has been already paid up as mentioned in the petition. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 441. ..

Category: Fiscal/Taxation Law | Date: | Hits: 174

FR Garments (Pvt.) Ltd. Vs. Artha Rin Adalat, Dhaka, 2008, 37 CLC (HCD)

....he defendant did not turn to contest the suit in which the suit was decreed ex parte vide judgment and decree dated 3-3-2005 (preliminary decree was signed on 9-3-2005). In usual course the decree-holder Bank (respondent No. 2) put the decree into execution by filing Artha Jari Case No. 658 of 20......cted to proceed with the Execution Case No. 658 of 2005 expeditiously. Communicate the judgment at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 296; 61 DLR (HCD) (2009) 223. ..

Category: Civil Law | Date: | Hits: 170

Abbas Ali and others Vs. Sharif Hossain Chowdhury and oth­ers, 2010, 39 CLC (HCD)

....he kabala deeds. Plaintiff No.1 on 3.11.98 got the certi­fied copy of kabala No.3665 and came to know that in the same way, .27 acre of land in 'Ka' schedule land was registered by power of attorney holder, Abdul Salam on 16.6.87 whom the plaintiffs did not appointed 'Attorney'. In the same way def......cated photo copies of the same. Send down the lower Court record. Communicate this order at once. AKM Abdul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 194. ..

Category: Property Law | Date: | Hits: 80

Syed Ghulam Shahriar Vs. Md. Abdur Mannan and 14 others, 2010, 39 CLC (HCD)

....een these plot of 407 and 408 has never been destroyed. Therefore, the right of pre­emption rendered, under the provision of section 96 of the State Acquisition and Tenancy Act, to a contiguous land holder is available to the pre-emptor which the Courts below has correctly found and accordingly pas......having no merit is liable to be discharged. In the result the Rule is discharged. However, there shall be no order as to costs. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 248. ..

Category: Property Law | Date: | Hits: 88

Romisa Khanam Vs. Secretary, Ministry of Land, Government of People's Republic of Bangladesh and others, 2008, 37 CLC (HCD)

....e maps and records of the land in the country. The petitioners did not acquire any right or title on the basis of the documents annexed to the writ petition from said Court of Wards Estate, which was holder of intermediary interest. 17. In the affidavit-in-opposition of said respondent No. 2, the...... of respondent No. 2 presented under Rule 31 Of the Tenancy Rules, 1955 are accordingly, restored. Communicate at once. Ed. This Case is also Reported in:   61 DLR (HCD) (2009) 18. ..

Category: Property Law | Date: | Hits: 120

Sudhangshu Shekhor Halder Vs. Chief Election Commissioner & others, 2003, 32 CLC (HCD)

.... be void. Let a copy of this judgment be communicated to the Election Commission to take necessary steps in accordance with law. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 655. ......tion Agent has sworn affidavit at the time of submission of election return, but he could not say whether it was before the Magistrate or the Notary Public. He stated that 3 lac taka was withdrawn by cheque, but he could not remember whether any further amount was withdrawn from the bank and added t..

Category: Election Law | Date: | Hits: 300

Dr. Md. Mofizur Rahman and others Vs. Md. Bashirullah and another, 2003, 32 CLC (HCD)

....ed petitioners and the learned Advocate for the opposite party No.1 complainant and the law as envisaged in sections 138 and 141 of the Negotiable Instruments Act, now let us see whether the payee or holder of a cheque can initiate prosecution for an offence under sections 138 of the Act for its dis...... within one month as envisaged in section 141 (b) of the Negotiable Instruments Act………………………(5) An offence under section 138 of the Negotiable Instruments Act is committed when a cheque is returned by the bank unpaid for any of the reasons mentioned therein provided (1) the cheq..

Category: Civil Law | Date: | Hits: 163

Islami Bank and others Vs. Dewan Md. Yusuf, 2002, 31 CLC (HCD)

....udgment and the decree passed by the learned Court below. In view of above the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 624. ...............Appellants Vs. Dewan Md. Yusuf.................................................Respondent Judgment January 16, 2002. Result: The Appeal is dismissed. If a bank pays on a cheque which does not contain the customer's signature, the bank acts without mandate and cannot rep..

Category: Criminal Law | Date: | Hits: 130

Consumer Testing Laboratories Limited Vs. Registrar, Joint Stock Companies, and Firms, 2010, 39 CLC (HCD)

....994 (XVIII of 1994); Sections 241, 245 and 253 The Court has been empowered to stop the winding up proceeding altogether under section 253 of the Companies Act, if it deems fit to do so. The shareholders has adopted Special Resolution and the Official Liquidator also opined in favour of staying ......unt No. 34005564, Sonali Bank, Supreme Court Branch Dhaka), within a period of 4 (four) weeks from the date of drawing of this order. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 224. ..

Category: Company Law | Date: | Hits: 134

Nadira Alam Vs. State, 2010, 39 CLC (HCD)

.... (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 validity, whichever is earlier, (b) The payee or the holder in due course of the cheque, as the case may be makes a demand for the payment of the said am......he offence under section 138 of the Act can be completed with the concentration of the number of facts (i) First occurrence and consequently agreement was made between the parties (ii) drawing of the cheque, (iii) presentation of the cheque, (iv) returning of the cheque unpaid by the drawee bank, (v..

Category: Criminal Law | Date: | Hits: 134

State Vs. Zakaria Kabiraj, 2012, 41 CLC (HCD)

.... and he sup­plied a statement to that effect to the Investigating Officer. He proved the said statements and his sig­nature in it, marked exhibits 14 and 14/1, later on he heard it that the account holder Zia Haider Khan have been murdered. In cross-examination of the defence he denied the defence......le near the said latrine. Police Sub-Inspector Biplob Biswas recovered a polythene bag containing the coffee coloured sandal of the victim, ring of key, blood stained nylon rope, a black bag with two cheque books of the victim, the bus ticket of victim from Dhaka to Kapasia and 4 coloured picture of..

Category: Criminal Law | Date: | Hits: 147

Syeda Helali Begum and others Vs. Shanty Mary Cruez and others, 2008, 37 CLC (HCD)

....fact and circumstances of the case I direct the parties to bear their respective costs. Stay granted by this Court stands vacated. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 360. ......fact and circumstances of the case I direct the parties to bear their respective costs. Stay granted by this Court stands vacated. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 360. ..

Category: Procedural Law | Date: | Hits: 120

Md. Aftab Uddin Vs. Government of the People's Republic of Bangladesh and others, 2008, 37 CLC (HCD)

....found that the words “চলতি দায়িত্ব” (current charge)" and "ভারপ্রাপ্ত (in-charge)" are not same and do not mean the same position in the service and that holder of "Current Charge" is not holding of any office, as substantive post. The learned Additional......na, Dhaka. Let a copy of this judgment and order be placed before the learned Chief Justice for his perusal and necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 105. ..

Category: Constitutional Law | Date: | Hits: 361

Khadem Ali Akand (Md.) Vs. State, 1996, 25 CLC (HCD)

....y the handwriting expert and then to dispose of the case in accordance with law. Communicate this order to the Court below at once. Ed. This case is also Reported in:49 DLR (HCD) (1997) 441. ......n, Tangail Zila Parishad. The accused‑appellant went to the office of the Bus Owners' Association on 3‑5‑85 and told them that the Zila Parishad was in need of cash money and, as such, the said cheque was converted in his name and he received the cheque and also the accompanying letter No.28 b..

Category: Criminal Law | Date: | Hits: 88

Smith Co-Generation (Bangladesh) Private Limited Vs. Bangladesh Power Development Board, 2010, 39 CLC (HCD)

....ader J Md. Emdadul Haque Azad J Smith Co-Generation (Bangladesh) Private Limited 210, West Park Avenue, Suit No.810, Oklahoma City, Oklahoma, 73102, United States of America……………Award-holder-Petitioner Vs. Bangladesh Power Development Board, represented by its Chairman, Wapda B......ned District Judge, Dhaka is vacated. Communicate this Judgment at once. M. Moazzam Husain J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 284; 18 BLT (HCD) (2010) 261. ..

Category: Civil Law | Date: | Hits: 178