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Ansarul Huque Vs. Agrani Bank, 1996, 25 CLC (HCD)
....tiously as possible preferably within three months from the date of receipt of the Judgment. Our order dated 12‑2‑96 is recalled. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 479. ......nd not liable to be set aside. 6. Section 13 of the Negotiable Instruments Act, 1881 (hereinafter referred to as the Act) defines a negotiable instruments as a promissory note, bill of exchange or cheque payable either to order or to bearer. Section 4 of the Act defines a promissory note as an in..Category: Civil Law | Date: | Hits: 87
Asgar Ali Mia and others Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....transferred 28 decimals of land from the same CS Plots to the plaintiff No.1 through registered deed No.5998 dated 11-7-1970 and delivered possession thereof. Surendra Roy Chowdhury, one of the saham holder in Partition suit No.12 of 1938, died leaving 3 sons namely, Sukendu Roy Chowdhury, Haripada ...... (F) of 2004 is disposed of accordingly. However, there will be no order as to costs. Sent down the lower Court's records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 37...Category: Property Law | Date: | Hits: 147
Duree Shahwar Begum Vs. Ali Ahmed Patwari, 1995, 24 CLC (HCD)
.... good defence in his application and also made up special circumstances and accordingly prayed for setting aside the ex parte decree and for leave to appear and contest the suit. The plaintiff decree-holder seriously opposed the application under rule 4 of Order 37 CPC. The learned District Judge af......ication under Order 37 rule 4 CPC after re‑hearing. Communicate this order and send down the records to the Court below at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 222. ..Category: Procedural Law | Date: | Hits: 125
Begum Shirin Akhtar Vs. Bangladesh House Building Finance Corporation and others, 2010, 39 CLC (HCD)
.... came to know of the execution case filed application for setting aside the ex-parte decree on the ground that the petitioner deposited Taka 2,12,340 after the decree which was received by the decree holder. The learned Judge rejected said appliÂcation. We have considered the entire order sheet of ......earned judge can disposed of the cases without taking any further step. Send down the lower record. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 1. ..Category: Civil Law | Date: | Hits: 198
Javed Traders and another Vs. Premier Soap Factory Ltd. and another, 1992, 21 CLC (HCD)
.... Rule 3 reads: "The court shall, upon application by the defendant. give leave to appear and to defend the suit. upon affidavits which disclose such facts as would make it incumbent on the holder to prove consideration or such facts as the Court may deem sufficient to support the applicat......27.12.88, 3.1.89 and 19.1.89 of the learned District Judge passed in Money Suit No.2 of 1988 instituted on 2.11.1988 under Or. 37 CPC by the petitioners against the opposite parties on the basis of a cheque for Tk. 1,77,200.00 with interest of Tk. 13,896.16 accrued on the aforesaid amount till the i..Category: Procedural Law | Date: | Hits: 155
Noor Jamal Vs. State and another, 2009, 38 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......total outstanding of the Meghana Food Products towards the complainant company stands at Taka 30,13,246 only as part payment of the dues amount. The petitioner Maghna Food Products has issued several cheques amounting to total Taka 4,32,690 in favour of the complainant company. 4. The petitioner ..Category: Criminal Law | Date: | Hits: 103
....as they were holding before nationalisation of the Industry, and that they constitute 58% of the total shares and the remaining 42% shares of the Purbachal Jute are held by non-Bengalee group of shareholders represented by one Mr. MM. Amlani; by virtue of Bangladesh Industrial Enterprises (Nationali......ot arbitrarily.
In the result, this Rule is discharged but without any order as to costs.
Anwarul Hoque Chowdhury J.- I agree.
Ed.
This Case is also Reported in: 39 DLR (HCD) (1987) 122.
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Category: Company Law | Date: | Hits: 162
Sonali Bank Vs. Bengal Liner Ltd. & others, 1986, 15 CLC (HCD)
....ng for an order of attachment and sale of the properties of the judgment-debtors as mentioned in Annexure-A and for realisation of US$12,70,984,70 with interest and costs till realization. The decree-holder bank obtained a decree in the suit against the defendants for US$11,01,720.00 with 10% intere...... Except the above, the prayer of the decree-holder is allowed and the application for rectification of the drawn up order is rejected. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 105...Category: Admiralty Law or Maritime Law | Date: | Hits: 360
Padmabati Biswas Vs. Banglasdesh and others, 1992, 21 CLC (HCD)
....subsequently changed to Touzi No.1444 under Khas Mahal Officer's Order dated 27.5.48. Defendant No.2, Abdul Haque Sarder, Kali Kanta Chatterjee, Anil Kumar Ghosh and Bupendra Nath Das who were tenure holders under the aforesaid Touzi Nos.120 and 1142 took permanent settlement in raiyad right of both......on contest against respondent No.1 and ex parte against the rest. Considering the circumstances there shall be no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 465. ..Category: Property Law | Date: | Hits: 118
Shahidul Islam Vs. State and another, 2011, 40 CLC (HCD)
....Case No.124 of 2007 is hereby affirmed. The order of stay passed at the time of issuance of the Rule is hereby recalled and vacatÂed. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 471. ......g inhabitant of same localÂity and that the accused took a loan of Taka 3,00,000 (three lakh only) from the complainant for his busiÂness purpose. On demand of the said loan, the accused gave him a cheque dated 30-5-2006 of Islami Bank Bangladesh Limited, Chiringa Branch for Taka 2,00,000 (Two lak..Category: Procedural Law | Date: | Hits: 114
Abu Bashar (Md.) and others Vs. Md. Raja Meah and others, 2010, 39 CLC (HCD)
....aking an order of arrest of the judgment-debtor for detention in Civil prison for a period of 6(six) weeks. 2. Short facts leading to the issuance of the instant Rule are as follows: The decree holder opposite party No.1 has been serving as a Teacher of Bengali Department of Barman Islamia Sen...... The order of stay passed at the time of the issuance of the rule is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 454. ..Category: Civil Law | Date: | Hits: 166
Badiul Alam Vs. Md. Nurul Islam, 2002, 31 CLC (HCD)
....were within the knowledge of the petitioner and for non taking of any steps for annulling the said auction the purchase right of the petitioner including the right, title and possession of the degree-holder party has been extinguished and, as such, the petitioner has no subsisting interest conveying......aneous Appeal No.386 of 1975 are set aside and that of the learned trial Court are allowed in the light of the observation made above. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 517...Category: Property Law | Date: | Hits: 132
Rowshan Ara Begum and others Vs. Doctor's Chemical Works Ltd. & others, 1991, 20 CLC (HCD)
....nce its inception. Respondent No.2 is the Chairman and Managing Director of the Company having been so named in the Articles of Association of the Company. Respondent No.4 was not an original share‑holder of the Company. Subsequently he became a share‑holder of the Company, but he is not a direc......lotted in favour of respondent Nos.2, 3 and 4 and the returns thereof are also illegal and Void and as such they are cancelled. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 371. ..Category: Company Law | Date: | Hits: 225
Joinal Abedin Jamal and others Vs. Noor Afza, 2010, 39 CLC (HCD)
....nd any merit in this appeal. Hence the appeal is dismissed and the conÂnected Rule is also discharged without any order as to cost. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 432. ...... As per terms of the said agreement, the present responÂdent was suppose to pay Taka 50,00,000 to the appellants as advance. Accordingly, the respondent paid Taka 2,50,000 in cash, Taka 35,00,000 in cheque dated 4-8-1999 of Islami Bank and the rest of Taka 12,50,000 by another cheque of Al-Baraka B..Category: Alternative Dispute Resolution | Date: | Hits: 251
Nurul Huda Vs. Bahar Uddin & others, 1989, 18 CLC (HCD)
.... to exercise jurisdiction in one or more "such" Courts, i.e. in the Courts of Session only. They are not even emÂpowered to exercise any jurisdiction in those matters where the Sessions Judge as the holder of an office has been given some power. This is the reason why under sub-section (2) of secti......provisions of sections 407 and 409 of the Code, sometimes allowing the Assistant Sessions Judges to hear appeals, to be preÂferred before the Court of Sessions or to the SesÂsions Judge, have got a cheque history. Identical provision, as it now stands for section 407, had been in the old Code rega..Category: Criminal Law | Date: | Hits: 158
Majeda Begum & another Vs. Khoda Box Mollah & others, 1987, 16 CLC (HCD)
....ate Division, but leave was not granted. 3. Earlier the respondents started O.C. Execution Case No.8 of 1977 and because of the neglect and refusal of the appellants to obey the decree, the decree-holder-respondents prepared a draft of the document and delivered the same to the Executing Court un......servations made in this judgment. The connected Rule being Civil Rule No.23 (FM)/1987 is discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 392. ..Category: Property Law | Date: | Hits: 140
Syed Ashfaque Hossain & others Vs. Bangladesh, 1989, 18 CLC (HCD)
....er alia, the mutation of names as a result of transfer or inheritance is necessary. It is not attracted when the record-of-rights is to be corrected after a finding to be given as to the title of the holders or the challenÂgers. The examination of title deeds for purposes of determining title of th......s of the petitioners to the extent of 5.80 acres as it originally stood. The Rule in Contempt Petition No.3 of 1987 is discharged. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 364. ..Category: Property Law | Date: | Hits: 129
Ayat Steels Limited Vs. Mohammad Ali, 2011, 40 CLC (HCD)
.... not pay the decreetal amount so the respondent Bank filed Artha Rin Execution Case No.340 of 2005 before the same Court. During pendency of the execution case both the judgment debtor and the decree holder Bank (Islami Bank Bangladesh Ltd.) compromised the matter amicably upon filing a solenama. Th......an Jahangii, Advocates - For the Respondents 1-3. First Miscellaneous Appeal No.137 of 2010 with Civil Rule No.421 (fm) of 2010. Judgment Nozrul Islam Chowdhury J.- This appeal has a chequered story to tell. The property involved in the suit being Other Class Suit No.3 of 2010 was m..Category: Civil Law | Date: | Hits: 235
Bangladesh Vs. Abdul Aziz and others, 2005, 34 CLC (HCD)
....e Opposite Party No.1. Civil Revision No.4349 of 2002. Judgment Syed Amirul Islam J.- This Rule arises out of an arbitration agreement entered into between the judgment-debtor and the decree-holder-opposite party No.1. The said agreement was executed on 22-6-1987 for laying cable at Mirpur ......cree is a nullity there remains nothing to proceed with the Execution case No.2 of 1998. Send down the Lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 405...Category: Alternative Dispute Resolution | Date: | Hits: 291
Zagir Hussain Vs. Aminul Haque and others, 1999, 28 CLC (HCD)
....gned order does not suffer from any error of law occasioning failure of justice. Order 21 rule 29 of the Code of Civil Procedure reads as under: “Where a suit is pending in any Court against the holder of a decree of such Court on the part of the person against whom the decree was passed the Co......thin the said specified period. In the result the Rule is made absolute without any order as to costs and send down the record at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 425...Category: Procedural Law | Date: | Hits: 178
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