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....from April 2011, within 2(two) weeks from the date of receipt of this judgment.
Communicate copies of the judgment at once.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 46.
...... respondent issued another office order under another memo using same memo number and date (i.e. memo No. 982 dated 18-4-2011) informing all concerned that he would not sign the salary sheet and cheque of the petitioner from April, 2011 (Annexure G-1).
3. An inquiry was also held rega..
Category: Constitutional Law, Employment/Service Law | Date: 13 Mar, 2014 | Hits: 6
Hafiz Ahmed Mazumder Vs. Pubali Bank Limited, 2014, 43 CLC (HCD)
....f the Companies Act, 1994 (herein after referred as the Act) by Mr. Hafiz Ahmed Mazumder and 7 others. 2. It has been stated, amongst other, in the petition, that the petitioners are share-holders in respondent No. 1 Company; that the Respondent No. 1 is a public company limited by shares......me of admission of this petition is hereby vacated. The parties will bear their respective cost. This Case is also Reported in: 66 DLR (HCD) (2014) 234 ..Category: Banking Law, Corporate Law | Date: 25 Feb, 2014 | Hits: 9
Moklesur Rahman (Md.) and another Vs. Government of Bangladesh and others, 2014, CLC (AD)
.... the auction sale. In the writ petition, it was stated, inter alia, that respondent No.4, Janata Bank Limited, Armanitotalla Branch, Dhaka as the plaintiff (hereinafter referred to as the decree-holder-Bank) filed Artha Rin Suit No.304 of 2003 in the Court of Artha Rin Adalat No.1, Dhaka (the A......hereinbefore. The Artha Rin execution case in question (No.560 of 2004) shall stand satisfied accordingly. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 207. ..Category: Others | Date: 24 Feb, 2014 | Hits: 15
Selim Hossain (Md.) Vs. Shahabuddin Ahmed and others, 2014, 43 CLC (AD)
....as transferred to the Artha Rin Adalat, Narayangonj for disposal and it was registered as Artha Rin Mortgage Suit No.152 of 1991. Eventually, the mortgaged suit was decreed. The Corporation as decree-holder levied Mortgage Execution Case No.59 of 1994 before the Artha Rin Adalat for execution of the......t-petitioner without creating any hindrance or obstacle and the executing Court shall pass necessary order in that respect. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 115. ..Category: Civil Law | Date: 3 Feb, 2014 | Hits: 6
Md. Shafayet Hossain Rana Vs. State and Md. Syed Rejaul Karim Salim, 2014, 43 CLC (HCD)
....ed or encashed with any other person except the person in whose favour the same was issued. Tomake it clearer, a crossed cheque “account payee” must be enchased through the account of the holder in whose favour it was issued. So, by no means, a crossed cheque “account payee” ......ng out of C.R. Case No.5516 of 2008 discharging the opposite party 2. 3. The petitioner had filed both the complaint cases on the allegations, inter alia, that opposite party 2 had given him two cheques both dated 11.02.2008 one being No.SSD14872for an amount of taka seventy lac fifty-two thous..Category: Civil Law | Date: 21 Jan, 2014 | Hits: 111
Abdul Momen Bhuiyan and others Vs. District Judge, Dhaka and others, 2013, 42 CLC (AD)
....t of Taka 16, 57,483.12 as on 31-10-2000. The learned District Judge, Dhaka after hearing ex parte by his order dated 25-6-2003 allowed the miscellaneous case. After that, the HBFC as the decree-holder, put the decree in execution and accordingly, auction was held on 25-5-2010 and the high......he auction sale shall be deemed to have become absolute. The impugned judgment delivered by the High Court Division is set-aside. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 98. ..Category: Civil Law | Date: 17 Nov, 2013 | Hits: 17
AKM Mosharraf Hossain Vs. State & another, 2013, 41 CLC (HCD)
....realise the fine in accordance with law. Let a copy of this judgment along with LCR be sent to the concerned Court at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 564 ......e denied the suggestion put to him during the course of cross-examination. 20. P.W. 4, Md. Haris is a peon, attached to the ministry of Industry who deposed that he used to receive the cheque duly issued by the BCIC for the purpose of Payment of the pay of the convict-appellant. He de..Category: Anti-Corruption Laws, Criminal Law | Date: 10 Oct, 2013 | Hits: 3
Ali Amjad Khan (Md.) Vs. Md. Habibullah Dawn & others, 2013, 42 CLC (AD)
....int District Judge, Sixth Court, Dhaka allowing Miscellaneous Case No.19 of 2011 arising out of Title Suit No.103 of 2004 renumbered as Title Suit No.2725 of 2008 and directing the petitioner (decree-holder) to hand over the possession of the suit land to respondent No.1 immediately. 2. The fac......iation of law and fact do not call for interference. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 28. ..Category: Civil Law | Date: 10 Oct, 2013 | Hits: 33
SM Redwan Vs. Md. Rezaul Islam and others, 2013, 42 CLC (AD)
....d other materials on record. 12. The question in both the appeals is that whether the return of cheque with an endorsement "payment stopped by the drawer" gives a right to the payee or holder in due course of the cheque to initiate a proceeding against drawer under section 138 of the .........…Respondent (In both the cases) Judgment October 9, 2013. Result: Both the appeals are allowed. Payment stopped by the drawer Since the cheques were returned by bank with the endorsement "payment stopped by the drawer" it..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. ......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, that the accused issued a cheque on 16-1-2011 for an amount of Taka 50, 00,000 in favour of the complainant drawn on City Bank..Category: Criminal Law | Date: 3 Oct, 2013 | Hits: 5
ATM Nazimullah Chow¬dhury Vs. State & another, 2013, 42 CLC (HCD)
....eps to secure his arrest. Let the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 500. ......e UAE near the Bangladesh Embassy at an amount of 2,10,000 Dirhams and because of shifting and other incidental expenses, the accused-appellant caused pecuniary loss of 72,000 Dirhams to the public exchequer. The second allegation was that he misappropriated the monthly salaries of the two alle..Category: Criminal Law, Procedural Law | Date: 1 Aug, 2013 | Hits: 5
Syed Raihan Hasan Ali Chowdhury Vs. Syed Hamde Ali Chow¬dhury and others, 2013, 42 CLC (HCD)
....sonal property of Syed Altaf Ali. Some portion of the property having been wrongly recorded in the name of Syed Mahamud Ali and for correcting the record appointed defendant No.2 by power of attorney holder and record was corrected. Inspite of that, to grab the property, Syed Omar Ali Chowdhury file......Civil Rule No.905(f) of 2011 is disposed of. Send down the lower Court records at once. Communicate this order at once. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 5. ..Category: Trust/Waqf Law | Date: 29 Jul, 2013 | Hits: 5
Younusuzzaman (Badal) Vs. State and another, 2013, 42 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 a......When the Managing Director of the Company is made party, there is no necessity for making the Company a party as the Director represents the company...................(15) The matter whether the cheque is a valid one or not and whether or not it was presented after four years of its maturity ar..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)
.... Act). 2. Let the supplementary affidavit do from part of the substantive application. 3. It has been stated in the application, amongst others that the petitioner No.1 is a shareholder-Director of the respondent No.1 company holding 10,000 ordinary shares of Taka 100 each. The ......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)
.... appears to us that the purpose of the notice is to give chance to the drawer of a dishonoured cheque to make the payment of the amount of such cheque to the payee or, as the case may be, to the holder in due course of the cheque within thirty days from the date of receipt of the notice issued ......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, it was alleged that the accused-petitioner issued a cheque in favour of the complainant bearing No.50/Kha(চ) 1204311 dated 30-4-2008 for an ..Category: Criminal Law | Date: 24 Jul, 2013 | Hits: 8
Zahidul Islam (Md.) Vs. Md. Kamal Hossain and another, 2013, 42 CLC (AD)
.... appears to us that the purpose of the notice is to give chance to the drawer of a dishonoured cheque to make the payment of the amount of such cheque to the payee or, as the case may be, to the holder in due course of the cheque within thirty days from the date of receipt of the notice issued ......ssion 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, that the respondent issued a cheque bearing No.0823202 dated 15-4-2007 drawn on Mercantile Bank Limited, Rajshahi for Taka ..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. ......ost. Reasons behind this presumption as embodied in law, are not opaque or absent to conceive...... (16) The purpose of the object of issuing notice indicating the factum of dishonor of the cheque is to give an opportunity to the drawer to make the payment within the stipulated period, so ..Category: Criminal Law | Date: 11 Jun, 2013 | Hits: 10
Sahab Uddin (Md.) Vs. State and another, 2013, 42 CLC (HCD)
....ted or encashed with any other person except the person in whose favour the same was issued. To make it clearer, a crossed cheque "account payee" must be enchased through the account of the holder in whose favour it was issued. So, by no means, a crossed cheque "account payee" lo...... The Negotiable Instruments Act, 1881 (XXVI of 1881); sections 123A & 138 (1) The legislative mandate as used in clause (a) of sub-section (2) of section 123 A of the Act, 1881 that when a cheque is crossed "account payee" shall cease to be negotiable means it cannot be negotiat..Category: Civil Law | Date: 11 Jun, 2013 | Hits: 14
A.B.M. Liton Vs. Bangladesh & Others, 2013, 42 CLC (HCD)
.... and decree dated 5-11-2012. Respondent No. 3 Bank then filed Artha Jari Case No. 86 of 2012 for execution of the said decree. After service of notice of execution case through newspapers, the decree holder-Bank filed an application before the Adalat under section 34(1) read with section&n......the refusal of bail are set-aside in so far as the petitioner is concerned. Communicate this order. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 207 ..Category: Banking Law | Date: 3 Jun, 2013 | Hits: 5
Dr. AH Ali Haider Qureshi Vs. Dr. Ali Asker Qureshi, 2013, 42 CLC (HCD)
.... of issuance of the order of leave stands vacated. 19. However, there will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 197 ......e said agreement the defendant was required to pay 1(one) year's monthly rent in advance and accordingly the defendant paid Taka 6, 00,000 (six lacs) to the attorney of the plaintiff through cheque. Subsequently the defendant since not paid rent from January, 1994 AD the plaintiff filed the..Category: Property Law | Date: 6 Mar, 2013 | Hits: 3
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