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Shafiqul Islam Vs. Bangladesh Bank and others, 2014, 43 CLC (HCD)

....ory and clarificatory provision and it will always have retrospective effect. Further, though Mr. Zubair has also relied on one decision of our Appellate Division arising out of a case decided by the International Crimes Tribunal, widely known as Kader Molla's case, wherein the Appellate Divisio......stay granted earlier by this Court at the time of issuance of the said rules, thus, stand recalled and vacated Communicate this. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 270 ..

Category: Banking Law, Company Law | Date: 1 Jun, 2014 | Hits: 11

ECOM Agroindustrial Corporation Ltd. & another Vs. Mosharaf Composite Textile Mills Ltd, 2014, 43 CLC (HCD)

....ely on the contract in support of his claim………(41) Case Referred to- Sitalakhaya Ice and Cold Storage Pvt. Ltd. Vs. Artha Rin Adalat No. 1, 64 DLR 487; Abdul Quayum Vs. International Finance Investment and Commerce Bank Ltd., 63 DLR 359; Rasheda BegumVs.Nurussafa 24 BL......hrough arbitration expeditiously. The order of injunction granted earlier by the trial Court is hereby vacated. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 330   ..

Category: Arbitration Law, Civil Law, Procedural Law | Date: 28 May, 2014 | Hits: 7

Human Rights and Peace for Bangladesh and others Vs. Hon'ble Speaker, Bangladesh Jatiyo Sangsad and others, 2014, 43 CLC (HCD)

.... Jibendra Kishore Vs. East Pakistan, 9 DLR (SC) 21; Sheikh Abdus Sabur Vs. Returning Officer, 41 DLR (AD) 30; Maneka Gandhi Vs. Union of India (1978) SCC 248; Ramana Dayaram   Shetty Vs. International Airport Authority of India, (1979) 3 SCC 489; DS Nakra Vs. Union of India (1983)1 SCC ......ffect. There is no order as to costs. Office is directed to communicate the judg­ment forthwith. Ed.    This Case is also Reported in: 67 DLR (HCD) (2015) 191 ..

Category: Anti-Corruption Laws | Date: 30 Jan, 2014 | Hits: 5

Md. Shafayet Hossain Rana Vs. State and Md. Syed Rejaul Karim Salim, 2014, 43 CLC (HCD)

....dispose of the same expeditiously. Send down the lower Courts’ records and communicate the judgment. Muhammad Abdul Hafiz J.- I agree. Ed. This Case is also Reported in: ......laint-petition has not lost it’s character as negotiable instrument, the same can be easily brought within the mischief of ‘any cheque’ mentioned in section 138(1) of the Negotiable Instruments Act because cheque includes ‘account payee cheque’ also.” 10...

Category: Civil Law | Date: 21 Jan, 2014 | Hits: 111

BRAC Bank Ltd Vs. Multimode Ltd, 2013, 42 CLC (HCD)

....i Vs. Ananta Kumar Bepari, 6 DLR 254 Government of Bangladesh Vs. Md. Tajul Islam, 49 DLR (AD) 177 Mozibar Rahman Vs. The Chairman, Dhaka Improvement Trust DIT Building, Dhaka, 41 DLR (AD) 131 D Wren International Ltd. Vs. Engineers India Ltd., AIR 1996 Calcutta 424 Desai and Co. Vs. Hindustan Petro......e result, this appeal is dismissed. No costs. Connected Civil Rule No. 395(f) of 2012 is accordingly discharged. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 48   ..

Category: Contract Law | Date: 12 Dec, 2013 | Hits: 0

Abdul Quader Mollah Vs. Chief Prosecutor, International Crimes, Tribunal, Dhaka, 2013, 42 CLC (AD)

.... Shamsuddin Choudhury J            Abdul Quader Mollah .....................Petitioner (In both the cases) Vs. Chief Prosecutor, International Crimes, Tribunal, Dhaka...........Respondent (In both the cases) Judgment &n...... For the reason stated above, we find no merit in these review petitions. The petitions are accord­ingly dismissed on merit. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 289. ..

Category: International Crimes Tribunal Law | Date: 12 Dec, 2013 | Hits: 15

SM Redwan Vs. Md. Rezaul Islam and others, 2013, 42 CLC (AD)

....he High Court Division are hereby set-aside. The concerned Courts are directed to proceed with the cases in accordance with law. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 169. ...... Judgment Hasan Foez Siddique J. - These two appeals being Criminal Appeal Nos.30 and 31 of 2004 involve a pure question of law as to the applica­bility of section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as the "Act") to a case in which a person i..

Category: Criminal Law, Others | Date: 9 Oct, 2013 | Hits: 12

Ahmed Lal Mia Vs. State and another, 2013, 42 CLC (AD)

....ove, no interference is called for with the impugned judgment and order. The leave petition is dismissed.  Ed. This Case is also Reported in: 66 DLR (AD) (2014) 204.   ......on of complaint filed by respondent No.2 as complainant before the Chief Metropolitan Magistrate, Chittagong, alleging the commission of an offence punishable under sec­tion 138 of the Negotiable Instruments Act, 1881 (the Act, 1881). In the petition of complaint, it was alleged, inter alia, tha..

Category: Criminal Law | Date: 3 Oct, 2013 | Hits: 5

Maulana Syed Rezaul Haque Chadpuri and others Vs. Bangladesh Jamaat-e-Islami and others [2nd Part], 2013, 42 DLR (HCD)

....Ϗ āĻāϰ āωāĻœā§āĻœā§āĻŦāϞ āϏāĻžāĻ•ā§āĻˇā§āϝ āĻŦāĻšāύ āĻ•āϰāϛ⧇āĨ¤ 213. āĻĒā§āϰāĻžāϏāĻ™ā§āĻ—āĻŋāĻ•āĻ­āĻžāĻŦ⧇ āωāĻ˛ā§āϞ⧇āĻ– āĻ•āϰāĻž āϝ⧇āϤ⧇ āĻĒāĻžāϰ⧇ āϝ⧇, The International Crimes (Tribunals) Act, 1973 āĻŽā§‚āϞ āφāχāύ⧇ āĻŽāĻžāύāĻŦāϤāĻž āĻŦāĻŋāϰ⧋āϧ......hereby declared to have been given without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 14.        ..

Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 10

Maulana Syed Rezaul Haque Chadpuri and others Vs. Bangladesh Jamaat-e-Islami and others [1st Part], 2013, 42 DLR (HCD)

....žāĻŽā§€āϰ āĻļā§€āĻ°ā§āώ āĻ•ā§Ÿā§‡āĻ•āϜāύ āύ⧇āϤāĻž, āϝāĻžāĻĻ⧇āϰ āĻŽāĻ§ā§āϝ⧇ ⧍ āĻ“ ā§ŠāύāĻ‚ āĻĒā§āϰāϤāĻŋāĻĒāĻ•ā§āώāĻ“ āĻ°ā§Ÿā§‡āϛ⧇āύ, āϤāĻžāρāĻĻ⧇āϰ āĻŦāĻŋāϚāĻžāϰ The International Crimes (Tribunals) Act, 1973āĻāϰ āĻ…āϧ⧀āύ⧇ āĻ—āĻ āĻŋāϤ āφāĻ¨ā§āϤāĻ°ā§āϜā......āĻ¨ā§‹ā§ŸāĻžāϰ āĻ•āĻŦāĻŋāϰ; āχāϏāϞāĻžāĻŽāĻŋāĻ• āĻĢāĻžāωāĻ¨ā§āĻĄā§‡āĻļāύ āĻ•āĻ°ā§āϤ⧃āĻ• āĻĒā§āϰāĻ•āĻžāĻļāĻŋāϤ, āĻĒ⧃āĻˇā§āĻ āĻžāσ ā§Ŧā§Ž) (..to be continued at CLC ID ( 9365 ) ..

Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 11

Younusuzzaman (Badal) Vs. State and another, 2013, 42 CLC (HCD)

.... time of issuance of the Rule is hereby vacated. Communicate a copy of this judgment to the court concern immediately. Borhanuddin J.-I agree. Ed. This Case is also Reported in: ......yangonj branch and on both occasion the cheque was dishonoured for insufficient fund. Finding no other alternative, the complainant issued a legal notice according to the provisions of the Negotiable Instruments Act through his learned Advocate on 30.08.2008 by registered post with A/D and the same ..

Category: Criminal Law | Date: 25 Jul, 2013 | Hits: 140

Chow Wen Chang and others Vs. SF Winsome Fashion Ltd. and others, 2013, 42 CLC (HCD)

....The respondent No.3 is directed to pay cost of Taka 50,000 to petition No.1 and Taka 50,000 to petitioner No. 2 within 30 days. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 584. ......The respondent No.3 is directed to pay cost of Taka 50,000 to petition No.1 and Taka 50,000 to petitioner No. 2 within 30 days. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 584. ..

Category: Company Law | Date: 24 Jul, 2013 | Hits: 10

Sarwar Hossain Moni (Md.) Vs. State and another, 2013, 42 CLC (AD)

....iewed in affirming the judgment and order passed by the High Court Division and accordingly, both these petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 283. ......CR Case) Nos.4131 of 2008 (South) and 4334 of 2008 (South) before the Chief Metropolitan Magistrate, Dhaka complain­ing the commission of an offence punishable under section 138 of the Negotiable Instruments Act, 1881 (the Act, 1881) by the accused-petitioner. 3. In CR Case No.4131 of 2008,..

Category: Criminal Law | Date: 24 Jul, 2013 | Hits: 8

Zahidul Islam (Md.) Vs. Md. Kamal Hossain and another, 2013, 42 CLC (AD)

....irected to proceed with the trial of the Sessions case in accordance with law and dispose of the same expeditiously. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 180.   ......Case No.218 of 2007 against respondent No.1, Md. Kamal Hossain (hereinafter referred to as the respondent), alleging the commission of an offence by him punishable under section 138 of the Negotiable Instruments Act, 1881 (the Act, 1881). In the petition of complaint, it was alleged, inter alia, tha..

Category: Others, Procedural Law | Date: 23 Jul, 2013 | Hits: 9

Golam Rasul Belal Vs. Habibullah Shakir and another, 2013, 42 CLC (AD)

....t, 1881, now pending in the Court of Metropolitan Magistrate, Dhaka shall proceed in accordance with law. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 58.     ......ank, Kawran Bazar on 19-7-2004 and the same was returned back to the drawer on the said date for insufficient fund. The complainant on 27-7-2004 issued a notice under section 138(b) of the Negotiable Instruments Act, 1881 upon the respondent and the same was served through Express Guaranteed Post an..

Category: Criminal Law | Date: 11 Jun, 2013 | Hits: 10

Sahab Uddin (Md.) Vs. State and another, 2013, 42 CLC (HCD)

....ce during the trial. In view of the above, we find no merits in the leave petition. Accordingly, the same is dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 86. ............................Petitioner Vs. State and another ........................Respondents Judgment June 11, 2013. Result: The petition is dismissed. The Negotiable Instruments Act, 1881 (XXVI of 1881); sections 123A & 138 (1) The legislative mandate as us..

Category: Civil Law | Date: 11 Jun, 2013 | Hits: 14

Moon Construction Company Limited Vs. Government of Bangladesh & others, 2013, 42 CLC (HCD)

....ent. Office is directed to communicate the copy of this judgment forthwith. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 193         ......ent. Office is directed to communicate the copy of this judgment forthwith. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 193         ..

Category: Constitutional Law | Date: 16 May, 2013 | Hits: 4

Sheikh Shahadat Hossain (Md.) Vs. National Board of Revenue, and others, 2013, 42 CLC (HCD)

....nder section 196D of the said Act against the said order dated 6-6-2007 passed by the Tribunal. 4. In Customs Appeal No.25 of 2008, the Appellant, Mr. Salahuddin Ahmed, proprietor of M/s Friends International, Bangshal Road (1st Floor), Dhaka-1100, imported some 'PVC Floor Covering' fro......vision in view of sub-section (3) of Section 196G of the said Act. Send down the record of the lower authority. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 522   ..

Category: Fiscal/Taxation Law | Date: 25 Apr, 2013 | Hits: 2

Ranju Chandra Das Vs. Sree Radha Krishana Gour Netai Prova Jagabondhu Sundr Bigraha, 2013, 42 CLC (HCD)

....ng of Miscellaneous Case No. 28 of 2011 before the Joint District Judge if he is so advised. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 117       ......er one for Taka 50 (fifty) lacs. The said two cheques were placed before the bank by the peti­tioner but those were bounced. Therefore, the petitioner took recourse to the provision of Negotiable Instruments Act upon bringing two CR Cases before the Court concerned which were eventually sent to ..

Category: Civil Law, Procedural Law | Date: 18 Apr, 2013 | Hits: 2

Rear Admiral M. Nurul Islam, NCC, PSC (Retd.) Vs. State, 2013, 42 CLC (HCD)

....are hereby vacated. Send down the lower court’s record with a copy of the judgment and order at once. Siddiqur Rahman Miah J. - I agree. Ed. This Case is also Reported in: ......are hereby vacated. Send down the lower court’s record with a copy of the judgment and order at once. Siddiqur Rahman Miah J. - I agree. Ed. This Case is also Reported in: ..

Category: Anti-Corruption Laws | Date: 24 Feb, 2013 | Hits: 82